HomeMy WebLinkAbout2008-08-06
BOARD OF SUPERVISORS
FINAL
AUGUST 6, 2008
9:00 A.M., AUDITORIUM
COUNTY OFFICE BUILDING
1. Call to Order.
2. Pledge of Allegiance.
3. Moment of Silence.
4. Recognitions:
a. Roxanne White, Service on Region Ten Community Services Board.
b. Proclamation recognizing August 26, 2008 as Women's Equality Day.
5. From the Board: Matters Not Listed on the Agenda.
6. From the Public: Matters Not Listed for Public Hearing on the Agenda.
7. Consent Agenda (on next sheet).
9:40 a.m. - Action Items
8. Proposed 2009 Legislative Priorities, David Blount.
9. Star Swimming Request for Funding.
10:00 a.m. - PUBLIC HEARINGS:
10. Proposed FY 2008 Budget Amendment.
11. PROJECT: AFD-2008-005. Moorman's River AQricultural and Forestal District. Ordinance to amend Section
3-222, Moorman's River Agricultural and Forestal District, of Division 2, Districts, of Article II, Districts of Statewide
Significance, of Chapter 3, Agricultural and Forestal Districts, of the Albemarle County Code. The proposed
ordinance would add TMP 57-69 to the district.
12. WPT A-2008-002. Fees and Miscellaneous. Amend Sees. 17-104, Definitions, 17-204, Review and approval of
erosion and sediment control plan, 17-208, Amendment of erosion and sediment control plan, 17-209, Fees, 17-
212, Inspections, and 17-310, Fees, of Chapter 17, Water Protection, of the Albemarle County Code. This
ordinance would amend Sees. 17-209 and 17-310 to increase the fees charged for almost all listed applications,
reviews, approvals, inspections and other services provided by the County in the administration of the County's
erosion and sediment control and stormwater management regulations in Chapter 17 of the Albemarle County
Code. The proposed fee increases are necessary to assure that the fees cover the cost to the County to provide
those services and are authorized by Virginia Code 99 10.1-562 and 10.1-603.10. This ordinance also would
amend Sees. 17-104 to add definitions, 17-204 and 17-208 to provide that the program authority may act on
variance requests, and 17-212 to correctly identify the department of community development.
13. BRTA-2008-001. BuildinQ ReQulation Fees and Miscellaneous. Amend Sees. 5-100, Purpose and intent, 5-
101, Building inspection office established; powers and duties, 5-200, Permit and inspection fees, generally, 5-201,
Fees for building permits, 5-202, Fees for electrical permits, 5-203, Fees for plumbing permits, 5-204, Fees for
mechanical permits, 5-206, Fee for demolition permits, 5-207, Fees for zoning inspections, and 5-208, Fees for
other permits, plan amendments and reinspections, of Chapter 5, Building Regulations, of the Albemarle County
Code. This ordinance would amend Sees. 5-201, 5-202, 5-203, 5-204, 5-206, 5-207 and 5-208 to increase the
fees charged for almost all listed applications, permits, reviews, approvals, inspections and other services
provided by the County in the administration and enforcement of Chapter 5 of the Albemarle County Code. The
proposed fee increases are necessary to defray the costs to enforcing the building code and appeals. The
proposed fee increases are authorized by Virginia Code 9 36-105. This ordinance also would amend Sees. 5-100,
5-101 and 5-200 to correctly identify the department of community development; Sec. 5-200 also would be
amended to require payment of the fee at the time of application.
Recess
11 :00 a.m. - Information/Presentation Items:
14. Airport Runway Extension Project, Presentation by Barbara Hutchinson.
15. Budget Process Review Committee Report.
16. Before the Storm: Reducing the Damage from Polluted Stormwater Runoff (Report prepared by the Southern
Environmental Law Center, the Rivanna Conservation Society, and the University of Virginia School's
Environmental Law and Conservation Clinic), Presentation by Morgan Butler.
17. Closed Meeting.
18. Certify Closed Meeting.
19. Boards and Commissions:
a. Vacancies/Appointments.
2:00 p.m. - Transportation Matters
20. a. VDOT Monthly Report.
b. Transportation Matters not Listed on the Agenda.
21. From the Board: Matters Not Listed on the Agenda.
22. Adjourn.
CONSENT AGENDA
FOR APPROVAL:
7.1 Approval of Minutes: January 23 and May 14, 2008.
7.2 Requested FY 2009 Appropriations.
7.3 Set public hearing to consider proposed ordinance to update definitions and dog license provisions of animal
ordinance to conform to Virginia Code and to increase the dog license tax.
7.4 Resolution to accept road(s) in Highlands Phase 2B Subdivision into the State Secondary System of
Highways.
7.5 Resolution to accept road(s) in Rustling Oaks Subdivision into the State Secondary System of Highways.
7.6 Request to add representative from Habitat for Humanity to Housing Committee.
7.7 Resolution to Affirm the County's Authorization to Pick-Up Employee's Contribution to Virginia Retirement
System Under 9 414(h) of the Internal Revenue Code.
7.8 Offender Aid and Restoration's Community Correction and Pretrial Services Program - Supplemental
Appropriation Request.
7.9 Cancel September 10, 2008 Board of Supervisors' meeting.
FOR INFORMATION:
7.10 July 2008 Board-to-Board, Monthly Communications Report from School Board, School Board Chairman.
7.11 Proffer Management - FY 2008 Fourth Quarter Cash Proffer Report.
7.12 2008 Development Review Process Changes for Zoning Map Amendments and Special Use Permits.
ACTIONS
Board of Supervisors Meeting of AUQust 6, 2008
AGENDA ITEM/ACTION
1.
Call to Order.
. Meeting was called to order at 9:02 a.m. by the
Chairman, Mr. Boyd. All BOS members were
present. Also present were Bob Tucker, Larry
Davis, and Meaaan Hov.
Recognitions:
. Chairman recognized Roxanne White for her
service on the Region Ten Community
Services Board.
. The Board decided to adopt an alternate
version of the Women's Equalit~ Day
Proclamation at their AUQust 13 h meeting.
From the Board: Matters Not Listed on the
Agenda.
Dennis Rooker:
. Asked that staff put together information on the
recently adopted rural area ordinances so that
the public understands the ordinances better.
Suggested doing a Q & A format on the web
page, and also sending out a ma61er to various
interest groups, such as the Farm Bureau.
Ann Mallek:
. Encouraged Board Members to have
fire/rescue representatives in their districts
attend the monthly meetings that the Fire
Chiefs are having, especially the upcoming
meetings on Strategic Planning.
. Expressed support for putting stormwater
control and erosion measures into language for
an ordinance.
. Asked if the Board members would be
interested in holding a joint meeting with the
Albemarle County Service Authority. There
was CONSENSUS by the Board to schedule a
one hour meeting as soon as possible.
. There was a report from the Community Food
Group. They are working on ways to provision
local institutions to provide more local produce
and meats.
From the Public: Matters Not Listed for Public
Hearing on the Agenda.
. Allan Kindrick and Tim Kindrick hand delivered
to the Board a letter appealing the Water
Protection Ordinance relating to the runway
extension project at the Charlottesville-
Albemarle Airport.
. Bob Coiner, Mayor of Gordonsville, asked
Albemarle County to aid in funding
Gordonsville's library project. The Board
directed the Library Board/Library Staff to
review the request and report back to the BOS
at their September 3 BOS meetinQ.
4.
5.
6.
1
AUQust13,2008
ASSIGNMENT
Clerk: Schedule on August 13th agenda.
Mark Graham/Wavne Cilimbera: Proceed as
directed.
Clerk: Schedule joint meeting with the Service
Authority.
Clerk: Schedule on September 3 agenda.
Librarv Board/Staff: Proceed as directed.
7.2 Requested FY 2009 Appropriations. Clerk: Forward signed appropriations to
. APPROVED budget amendment in the amount Finance and appropriate individuals.
of $1 ,532,518.00 and FY 2009 Appropriations
#2009005,#2009006,#2009007,#2009008,
#2009009, #2009010 and #2009011.
7.3 Set public hearing to consider proposed ordinance Clerk: Schedule on September 3,2008
to update definitions and dog license provisions of agenda.
animal ordinance to conform to Virginia Code and
to increase the dog license tax.
. Set public hearinq on Seotember 3, 2008.
7.4 Resolution to accept road(s) in Highlands Phase Clerk: Forward Form AM-4.3 and adopted
2B Subdivision into the State Secondary System of resolution to Glen Brooks, County
Highways. Engineer.
. ADOPTED attached resolution.
(Attachment 1)
7.5 Resolution to accept road(s) in Rustling Oaks Clerk: Forward form AM-4.3 and adopted
Subdivision into the State Secondary System of resolution to Glen Brooks, County Engineer.
Highways.
. ADOPTED attached resolution. (Attachment 2)
7.6 Request to add representative from Habitat for Ron White: Proceed as approved.
Humanity to Housing Committee.
. AMENDED the composition of the Housing
Committee to allow a representative of Habitat
for Humanity to serve, and APPROVED as
with PHA and AHIP that a Board member of
Habitat for Humanity be appointed rather than
staff.
7.7 Resolution to Affirm the County's Authorization to Clerk: Forward adopted resolution to VRS,
Pick-Up Employee's Contribution to Virginia Finance and County Attorney's Office.
Retirement System Under 9 414(h) of the Internal
Revenue Code. (Attachment 3)
. ADOPTED attached resolution.
7.8. Offender Aid and Restoration's Community Bryan Elliott: Notify OAR of Board's action and
Correction and Pretrial Services Program - bring forward when ready for further action.
Supplemental Appropriation Request.
. APPROVED the transfer of $8,853.00 from the
Board's Contingency to OAR subject to
participation by the other applicable localities in
the revenue loss. At such time as the other
localities commit to this participation, an
appropriation will be brought to the Board for
formal aooroval of the local fundinq increase.
7.9 Cancel September 10, 2008 Board of Supervisors' Clerk: Remove meeting from schedule.
meeting.
. APPROVED canceling the September 10,
2008 Niaht Board meetina.
7.12 2008 Development Review Process Changes for Elaine Echols/Wayne Cilimberq: Incorporate
Zoning Map Amendments and Special Use recommended changes.
Permits.
. Mr. Rooker suggested the following changes to
Attachment A:
0 Under Item #14 - in the first line of the
change the word "exactly" to
"substantially"
0 Under Item #16, change the last sentence
to read: "... after the time established in
the schedule."
8. Proposed 2009 Leaislative Priorities, David Blount. Andv Bowman/David Blount: Proceed as
2
. APPROVED the proposed 2009 Legislative directed.
Priorities for submission to the T JPDC and
VACo. CONSENSUS of the Board to support
an increase in the number of rollback years for
the Land Use Taxation Proaram.
9. Star Swimming Request for Funding.
. APPROVED taking the Star proposal under County Executive/County Attorney: Proceed
consideration pending the necessary review by as directed.
the County Attorney's Office, and DIRECTED
the County Executive to appoint a negotiating
team in conjunction with the Albemarle County
Schools to meet with representatives of the
YMCA and Star Swimming and to recommend
a course of action.
Recess.
. The Board took a recess at 10:58 a.m. and
reconvened at 11: 1 0 a.m.
10. Proposed FY 2008 Budget Amendment. Clerk: Forward signed appropriations to
. APPROVED FY 2008 Budget Amendment in Finance and appropriate individuals.
the amount of $3,761,869.21, and APPROVED
Appropriations #2008078, #2008079,
#2008080, #2008081, and #2008082 to
provide funds for various local government,
school, and caoital oroiects and programs.
11. PROJECT: AFD-2008-005. Moorman's River Clerk: Send thank-you letters to property
AQricultural and Forestal District. owners of new additions to the district.
. APPROVED AFD-2008-005, by a vote of 6:0,
and ADOPTED Ordinance No. 08-3(2). (Attachment 4)
12.& WPTA-2008-002. Fees and Miscellaneous and
13. BRTA-2008-001. BuildinQ ReQulation Fees and Clerk: Forward copy of adopted ordinances to
Miscellaneous. Mark Graham, Jay Schlothauer, Glen Brooks,
. ADOPTED Ordinance No. 08-5(1), by a vote of and County Attorney.
6:0, Building Regulations Ordinance.
. ADOPTED Ordinance No. 08-17(33), by a vote (Attachments 5&6)
of 6:0, Water Protection Ordinance.
. DIRECTED staff to process biennial fee Community Develooment: Proceed as
adjustments using the County's merit pool directed.
percentages for the two years as a basis for
adiusting fees.
14. Airport Runway Extension Project, Presentation by Clerk: Schedule on August 13, 2008 agenda.
Barbara Hutchinson.
. DIRECTED staff to prepare a resolution of
suooort for the runway extension project.
16. Before the Storm: Reducing the Damage from Mark Graham: Proceed as directed.
Polluted Stormwater Runoff (Report prepared by
the Southern Environmental Law Center, the Clerk: Schedule on future agenda.
Rivanna Conservation Society, and the University
of Virginia School's Environmental Law and
Conservation Clinic), Presentation by Morgan
Butler.
. Received.
. DIRECTED staff to come back with a report
on what is currently in the work program, and
how the items from this report could be
added.
17. Closed Meeting.
. At 12:57 p.m. the Board went into closed
meetina to consider aooointments to boards,
3
committees, and commissions; to consider the
acquisition of real property necessary for a
county park; to discuss with legal counsel and
staff specific matters requiring legal advice
relating to an amendment of an interjuris-
dictional agreement relating to public safety
services; and to discuss with legal counsel and
staff specific matters requiring legal advice
relating to an agreement necessary to
implement a funding source for public safety
services.
18. Certified Closed Meeting.
. At 2:17 p.m., the Board reconvened into open
session and certified the closed meetina.
19. Boards and Commissions: Appointments. Clerk: Prepare appointment/reappointment
. REAPPOINTED Bruce Dotson and Stephen letters, update Boards and Commissions book,
McLean to the ACE Committee, with said webpage, and notify appropriate persons.
terms to expire August 1, 2011.
. REAPPOINTED John Chamales to the Jail
Authority, with said term to expire August 8,
2011.
. REAPPOINTED Rosa Hudson to the Jordan
Development Corporation, with said term to
expire Auqust 13, 2009.
. NonAgenda. AUTHORIZED, by a vote of Dan Eqqleston: Proceed as approved.
6:0, the release of the previously appropriated
CIP funds to CARS, designated for the
replacement of Fire/Rescue apparatus
pursuant to County Policy, including code
titlinq of such apparatus.
. NonAgenda. ADOPTED, by a vote of 6:0, Clerk: Forward copy of resolution to County
the attached Resolution to authorize Attorney's office and Pat Mullaney.
acquisition of property from Mr. and Mrs.
James Byrom for the purpose of providing (Attachment 7)
access to the Patricia Ann Byrom Forest
Reserve Park.
. NonAgenda. ADOPTED, by a vote of 6:0, the Clerk: Forward copy of resolution to County
attached Resolution approving an amendment Attorney's office, Bryan Elliott and Dan
of the Fire Services Agreement between the Eggleston.
City of Charlottesville and Albemarle County. (Attachment 8)
15. Budget Process Review Committee Report.
. Received.
20a. VDOT Monthly Report.
Allan Sumpter updated Board members on issues
in their districts:
. VDoT has been working on a process for
removing illegal signs in the right of way
areas. VDoT is working with County staff, and
will get a letter to CAAR and the Chamber of
Commerce explaining the rules. VDoT will
also try to patrol these areas as much as
possible with their current staff.
. In median areas and on sidewalks, there is an
effort to remove tall weeds with weed eaters
and spraying. He has tasked his staff to come
up with a better plan for spraying next year so
that the weeds do not get so tall. Mr. Boyd
suggested VDoT look at Berkmar Drive and
4
Route 20 at Pantops as areas that have six
foot weeds coming out of the drains.
David Slutzky:
. Signal upgrade work is beginning on Route
29. VDoT staff is working on the system, and
expect to finish in the next two to three
months.
Dennis Rooker:
. Pedestrian safety improvements are
beginning along Hydraulic Road, and bike
lanes are being marked as well.
Sally Thomas:
. Buckingham Branch will move forward with
repairs to Dry Bridge. They are going to fully
replace the bridge decking, and anticipate
completing the project within the next four
weeks. She asked for VDoT to put up a large
sign to alert motorists as they have done in
the past.
20b. Transportation Matters not Listed on Agenda. Clerk: Forward comments to Allan Sumpter.
Sally Thomas:
. Asked about the possibility of installing a
bicycle sign to alert drivers that bikes are on
the roadway, in areas where there is no
separate bike lane. VDoT staff will look into it.
Dennis Rooker:
. Asked about the use of islands in pedestrian
crossing paths that are painted with a bright
green paint, with mid-road signage, similar to
those used in the Outer Banks. Mr. Sumpter
will have VDoT look into that possibility.
David Slutzky:
. The grass on Rio Road between Wolfe's and
the entrance to Circuit City is about six feet
high. Mr. Sumpter advised that the mowing
contractor missed that road, and is going to
mow that area next week.
Ann Mallek:
. Asked who is responsible for removing leaves
that pile up in ditches against pipes under
driveways. VDoT advised that in the Fall at
certain places where they can cause a
drainage problem, VDoT staff rents a vacuum
truck to come in and address the back up.
Ms. Mallek pointed out that Advance Mills
Road down to Jacob's Run is a problem area,
and should be added to the list of areas for
removal.
Lindsay Dorrier:
. In the report, Route 626 should be listed as
Route 726. VDoT will look at the curve in that
area to see if there are any safety improve-
ments that can be made.
. The entrance at Walton School, traveling
North (intersection of Route 20 and Route
798) is dangerous. VDoT will look into that
area.
5
David Benish:
. He and Juan Wade are also working on
pedestrian crossings. County staff is looking
at improvements that are beyond the scope of
what VDoT can do, such as mid block
crossings and street lights to illuminate
crosswalks at niaht.
21. From the Board: Committee Reports and Matters
Ann Mallek:
. Asked if another meeting has been scheduled
with the PRFA, and was informed that nothing
has been scheduled at this time.
22. Adjourn.
. The meetina was adiourned at 3:12 p.m.
/mrh
Attachment 1 - Resolution- Highlands Subdivision, Phase 2B
Attachment 2 - Resolution- Rustling Oaks Subdivision
Attachment 3 - Resolution - Affirmation of Authorization to Pick-up the Employee's Contribution to
VRS for Albemarle County
Attachment 4 - Ordinance - Moorman's River Agricultural and Forestal District
Attachment 5 - Ordinance- Building Regulations
Attachment 6 - Ordinance- Water Protection
Attachment 7 - Resolution - Patricia Ann Byrom Forest Reserve Park
Attachment 8 - Resolution - Amendment of the Fire Services Agreement between the City of
Charlottesville and Albemarle County
6
ATTACHMENT 1
RESOLUTION
WHEREAS, the street(s) in Highlands Subdivision, Phase 2B, as described on the attached
Additions Form AM-4.3 dated August 6, 2008, fully incorporated herein by reference, is shown on plats
recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virainia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the requirements established by the Subdivision Street Reauirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the street(s) in Highlands Subdivision, Phase
2B, as described on the attached Additions Form AM-4.3 dated August 6,2008, to the secondary system
of state highways, pursuant to 933.1-229, Code of Virginia, and the Department's Subdivision Street
Reauirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
**********
The road(s) described on Additions Form AM-4.3 is:
1) Mechums River Road (State Route 1241) from the intersection of Route 1244 (Amber
Ridge Road) to the intersection of Route 1297 (Gate Post Lane), as shown on plat
recorded in the office the Clerk of Circuit Court of Albemarle County in Deed Book 3235,
page 364, with a 50-foot right-of-way width, for a length of 0.23 miles.
2) Gate Post Lane (State Route 1297) from the intersection of Route 1241 (Mechums
River Road) to the south cul-de-sac, as shown on plat recorded in the office the Clerk of
Circuit Court of Albemarle County in Deed Book 3235, page 364, with a 50-foot right-of-
way width, for a length of 0.20 miles.
3) Gate Post Lane (State Route 1297) from the intersection of Route 1241 (Mechums
River Road) to the north cul-de-sac, as shown on plat recorded in the office the Clerk of
Circuit Court of Albemarle County in Deed Book 3235, page 364, with a 50-foot right-of-
way width, for a length of 0.11 miles.
Total Mileage - 0.54
7
ATTACHMENT 2
RESOLUTION
WHEREAS, the street(s) in Rustling Oaks Subdivision, as described on the attached Additions
Form AM-4.3 dated August 6, 2008, fully incorporated herein by reference, is shown on plats recorded in
the Clerk's Office of the Circuit Court of Albemarle County, Virqinia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the requirements established by the Subdivision Street Reauirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the street(s) in Rustling Oaks Subdivision, as
described on the attached Additions Form AM-4.3 dated August 6, 2008, to the secondary system of
state highways, pursuant to 933.1-229, Code of Virginia, and the Department's Subdivision Street
Reauirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
**********
The road(s) described on Additions Form AM-4.3 is:
1) RustlinQ Oaks Drive (State Route 1007) from the intersection of Route 601 to the cul-
de-sac, as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle
County in Deed Book 1167, page 193, with a 50-foot right-of-way width, for a length of
0.63 miles.
Total Mileage - 0.63
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ATTACHMENT 3
RESOLUTION
Affirmation of Authorization to Pick-up the Employee's Contribution to
VRS for ALBEMARLE COUNTY, 55101
Under ~ 414(h) of the Internal Revenue Code
WHEREAS, ALBEMARLE COUNTY provides its employees with tax deferral pursuant to 9 414(h)
of the Internal Revenue Code with respect to their member contributions to the Virginia Retirement
System (referred to as VRS) by picking up member contributions to VRS; and
WHEREAS, VRS keeps track of such picked up member contributions, and treats such
contributions as employee contributions for all purposes of VRS;
WHEREAS, the Internal Revenue Service in Notice 2006-43 has provided transition relief for
existing pick up arrangements provided that an authorized person takes formal action to evidence the
establishment of the pick-up arrangement no later than January 1, 2009.
WHEREAS, in order to avail itself of the protection given under Notice 2006-43, ALBEMARLE
COUNTY desires to affirm its intention to establish and maintain a pickup arrangement through formal
action by its governing body.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the existing member contribution pick-up
arrangement is hereby affirmed as it relates to salary reduction elections in effect prior to the date of this
Resolution, and it is further
RESOLVED that effective the first pay day on or after August 6, 2008, ALBEMARLE COUNTY
shall pick up member contributions of its employees to VRS, and such contributions shall be treated as
employer contributions in determining tax treatment under the Internal Revenue Code of the United
States; and it is further
RESOLVED that such contributions, although designated as member contributions, are to be made
by ALBEMARLE COUNTY in lieu of member contributions; and it is further
RESOLVED that pick up member contributions shall be paid from the same source of funds as
used in paying the wages to affected employees; and it is further
RESOLVED that member contributions made by ALBEMARLE COUNTY under the pick up
arrangement shall be treated for all purposes other than income taxation, including but not limited to VRS
benefits, in the same manner and to the same extent as member contributions made prior to the pick up
arrangement; and it is further
RESOLVED that nothing herein shall be construed so as to permit or extend an option to VRS
members to receive the pick up contributions made by ALBEMARLE COUNTY directly instead of having
them paid to VRS; and it is further
RESOLVED that notwithstanding any contractual or other provisions, the contributions of each
member of VRS who is an employee of ALBEMARLE COUNTY shall be picked up either through a
reduction in the current salary of such employee or as an offset against future salary increases of such
employee or as a combination of both at the option of the employer by ALBEMARLE COUNTY on behalf
of such employee pursuant to the foregoing resolutions.
Adopted in CHARLOTTESVILLE, Virginia this 6th day of AUQust, 2008.
9
ATTACHMENT 4
ORDINANCE NO. 08-3(2)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 3, AGRICULTURAL AND FORESTAL
DISTRICTS, ARTICLE II, DISTRICTS OF STATEWIDE SIGNIFICANCE, 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 3,
Agricultural and Forestal Districts, Article II, Districts of Statewide Significance, is hereby amended
and reordained as follows:
By Amending:
Sec. 3-222 Moorman's River Agricultural and Forestal District
Chapter 3. Agricultural and Forestal Districts
Article II. Districts of Statewide Significance
Division 2. Districts
Sec. 3-222 Moorman's River Agricultural and Forestal District.
The district known as the "Moorman's River Agricultural- and Forestal District" consists of the
following described properties: Tax map 27, parcels 32, 34, 34A, 40, 40A, 40A 1, 42, 42A; tax map
28, parcels 2, 2A, 3, 4,5,6, 6A, 6B, 7, 7A, 7A1, 7B, 8,12, 12A, 12B, 13, 17A, 17C, 18, 23B, 23B1,
30, 30A, 30B 32B, 320, 34B, 35, 35B, 37, 37A, 37B, 37C, 38; tax map 29, parcels 2C, 4E, 8, 8B, 8E,
8E1, 8H, 8J, 8K, 9, 10, 15C, 40B, 40C, 400, 49C, 50, 54A, 61, 62, 63, 63A, 630, 67C, 690, 69F,
70A, 70B, 70C, 70F, 70F1, 70G, 70H1, 70K, 70L, 70M, 71, 71A, 73B, 74A, 76, 78, 79C, 80, 84, 85;
tax map 30, parcels 10, 10A, 12, 12C, 120, 17A, 18E; tax map 41, parcels 8, 8B, 8C, 80, 9E, 15,
15A, 17C, 18, 41C, 41H, 44,50,67, 67B, 68, 70, 72, 72B, 72C, 72D, 89; tax map 42, parcels 5, 6,
6B, 7, 8, 8A,8C, 10, 10A, 100, 37F, 37J, 38, 40, 40C, 400, 40D1,40G, 40H2,41,42B, 43, 43A,44;
tax map 43, parcels 1, 3, 3A, 3C, 3D, 4C, 40, 5, 5A, 9,10, 16B2, 16B3, 18E4, 18G, 18J, 191, 19N,
19P, 20A, 20B, 20C, 21, 21A, 24, 25A, 25B, 30, 30A, 30B, 300, 30G, 30H, 30M, 30N, 32H, 33, 33E,
34D1, 41, 42, 43, 43A 1, 44, 45, 45C, 450; tax map 44, parcels 1, 2, 24, 26, 26A, 26C, 27B, 27C, 28,
29, 29A, 290, 30, 30A, 30B, 31, 31A, 31A1, 310, 31F, 31G; tax map 57, parcel 69; tax map 59,
parcels 32, 32A, 34, 35, 82A. This district, created on December 17, 1986 for not more than ten
years and last reviewed on December 1,2004, shall be next reviewed prior to December 1,2014.
(4-14-93; 12-21-94; 4-12-95; 8-9-95; Code 1988, 9 2.1-4(g); Ord. 98-A(1), 8-5-98; Ord. 99-3(4), 5-
12-99; Ord. 00-3(1),4-19-00; Ord. 04-3(4),12-1-04; Ord. 05-3(2), 7-6-05; Ord. 08-3(2), 8-6-08)
10
ATTACHMENT 5
ORDINANCE NO. 08-5(1)
AN ORDINANCE TO AMEND CHAPTER 5, BUILDING REGULATIONS, BY AMENDING ARTICLE I,
ADMINISTRATION, AND ARTICLE II, FEES, 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 5,
Building Regulations, Article I, Administration, and Article II, Fees, are hereby amended and reordained
as follows:
By Amending:
Sec. 5-1 00
Sec. 5-101
Sec. 5-200
Sec. 5-201
Sec. 5-202
Sec. 5-203
Sec. 5-204
Sec. 5-206
Sec. 5-207
Sec. 5-208
Purpose and intent
Building inspection office established; powers and duties
Permit and inspection fees, generally
Fees for building permits
Fees for electrical permits
Fees for plumbing permits
Fees for mechanical permits
Fee for demolition permits
Fees for zoning inspections
Fees for other permits, plan amendments and reinspections
Chapter 5. Building Regulations
Article I. Administration
Sec. 5-100 Purpose and intent.
A. The purpose and intent of this chapter is to promote and to protect the public health,
safety and welfare by making the Virginia Uniform Statewide Building Code applicable to all matters
affecting or relating to structures, including the construction, alteration, repair, addition, maintenance,
demolition and removal of all structures, and to the equipment in such structures. The purpose and intent
of this chapter is also to establish a procedure by which unsafe buildings and structures are repaired,
removed, or demolished.
B. The Virginia Uniform Statewide Building Code shall be referred to in this chapter as the
"building code" and shall include the building code in its current form and as amended in the future.
C. A copy of the building code shall be kept on file in the department of community
development.
(95-1; 10-18-73,96-1; 4-20-88; 9 5-2; 10-18-73,96-2; Code 1988, 95-1; Ord. 98-A(1), 8-5-98; Ord. 08-
5(1),8-6-08)
State law reference-oVa. Code SS 36-97 et seq.; 36-105.
Sec. 5-101 Building inspection office established; powers and duties.
A building inspection office is hereby established in the department of community development,
as provided herein:
A. The building inspection office shall be charged with the administration and enforcement
of the building code and this chapter, the review and approval of plans, the inspection of buildings and
structures and the issuance of permits or certificates pertaining thereto. For purposes of this chapter, the
term "building inspection office" means the "local building department" as that term is used in the building
code.
11
B. The building inspection office shall be directed by a building official appointed by the
county executive. The building official shall be charged with the administration and enforcement of this
chapter and the building code and, as such, shall have the duties and powers of a code official set forth in
the building code. The building official also shall be responsible for the supervision of the other
employees of the building inspection office. For purposes of this chapter, the term "building official"
means the "code official" as that term is used in the building code.
(95-1; 10-18-73,96-1; 4-20-88; 95-2; 10-18-73,96-2; Code 1988, 95-2; Ord. 98-A(1), 8-5-98; Ord. 08-
5(1),8-6-08)
State law reference-oVa. Code SS 36-97 et seq.; 36-105.
Article II. Fees
Sec. 5-200 Permit and inspection fees, generally.
The fees for a permit or inspection required pursuant to the building code and this chapter shall
be paid as provided herein:
A. Except as provided in paragraph (E), no permit application shall be accepted until the
applicable fees required by this article have been paid. The fee shall be for the purpose of reimbursing, in
whole or in part, the department of community development's cost to review plans, issue permits and
conduct up to one reinspection of work performed pursuant to a permit.
B. Each fee shall be in the form of cash or a check payable to the "County of Albemarle."
Payment shall be made in the department of community development.
C. The payment of fees for a permit or permit amendment shall not relieve any person from
the payment of any other fees that may be required by law including, but not limited to, fees for water
connections and sewer connections.
D. The building official shall keep an accurate account of all fees collected pursuant to this
chapter and shall deposit all fees collected with the department of finance.
E. Neither the county nor the county school board shall be required to pay any fee otherwise
required by this article for a permit or inspection required by this chapter.
(95-3; 10-18-73,96-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of 9-6-95; Code 1988,
95-3; Ord. 98-A(1), 8-5-98; Ord. 08-5(1), 8-6-08)
State law reference--Va. Code S 36-105.
Sec. 5-201 Fees for building permits.
The fees for building permits are hereby established as provided herein:
A. Residentia/ structures in use groups R-3 and R-5. The fee for each new structure in use
groups R-3 or R-5 (one- and two-family dwellings) other than a garage, deck or porch, or for an addition
to an existing residential structure in either such use group, shall be $0.49 per square foot, calculated on
gross finished square footage. The minimum fee shall be $75.00.
B. Accessory residential structures. The fee for each residential attached garage, detached
garage, shed, or deck or porch ten square feet or larger, shall be $0.15 per square foot, calculated on
gross finished square footage. The minimum fee shall be $25.00.
C. Residential swimming pools, hot tubs and spas. The fee for each residential swimming
pool, hot tub or spa shall be $50.00.
D. Mobile homes and prefabricated homes. The fee for each mobile home or prefabricated
home shall be $45.00.
12
E. New commercial structures in various use groups. The fee for each new structure in use
group A-1, A-2, A-3, A-4, A-5, B, E, F-1, F-2, H-1, H-2, H-3, H-4, H-5, 1-1, 1-2, 1-3, 1-4, M, R-1, R-2, R-4, S-
1, S-2, or U, or an addition to an existing commercial structure in any such use group, shall be $0.20 per
square foot for the first 5,000 square feet, plus $0.14 per square foot for each square foot in excess of
5,000 square feet, calculated on gross square footage. The minimum fee shall be $75.00.
F. Change of building occupancy classification. The fee for a change of occupancy
classification evaluation shall be $150.00.
G.
$305.00.
Commercial swimming pools. The fee for each commercial swimming pool shall be
H.
$240.00.
I.
Elevators, escalators and lifts. The fee for each elevator, escalator or lift shall be
Paint spraying booths. The fee for each paint spraying booth shall be $25.00.
J. Mobile offices and premanufactured units. The fee for each mobile office or
premanufactured unit shall be $45.00.
K. Tents. The fee for each tent shall be $50.00.
L. Alterations and repairs of structures in all use groups. The fee for an alteration or repair
of a structure in any use group shall be $0.17 per square foot of floor area affected, provided that there is
no increase in gross square footage. The minimum fee shall be $75.00.
(95-3; 10-18-73,96-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of 9-6-95; Code 1988,
9 5-3; Ord. 98-A(1), 8-5-98; Ord. 08-5(1), 8-6-08)
State law reference--Va. Code S 36-105.
Sec. 5-202 Fees for electrical permits.
The fees for electrical permits are hereby established as provided herein:
A. Residential structures in use groups R-3 and R-5. The fee for each new structure in use
groups R-3 and R-5 (one- and two-family dwellings) other than a garage, deck or porch, or for an addition
to an existing residential structure in either such use group, shall be included as part of the building permit
fee under section 5-201 (A).
B. Accessory residential structures. The fee for each residential attached garage, detached
garage, shed, or deck or porch ten square feet or larger, shall be $30.00.
C. Mobile homes and prefabricated homes. The fee for each mobile home or prefabricated
home shall be $30.00.
D. Commercial structures in various use groups. The fee for each new structure in use
group A-1, A-2, A-3, A-4, A-5, B, E, F-1, F-2, H-1, H-2, H-3, H-4, H-5, 1-1, 1-2, 1-3, 1-4, M, R-1, R-2, R-4, S-
1, S-2, or U, or an addition to an existing commercial structure in any such use group, shall be $0.04 per
square foot. The minimum fee shall be $75.00.
E. Swimming pools, hot tubs and spas. The bonding fee for each swimming pool, hot tub or
spa shall be $30.00. The equipment wiring fee for each swimming pool, hot tub or spa shall be $30.00.
F. Alterations and repairs of structures in all use groups. The fee for an alteration or repair
of a structure in any use group shall be $0.04 per square foot of floor area affected, provided that there is
no increase in gross square footage. The minimum fee shall be $75.00.
13
G. Signs. The fee for each sign shall be $45.00.
H. Temporary service. The fee for each temporary electric service shall be $95.00, unless
the service is sought as part of a building permit for which a fee was paid under section 5-201 (A).
I. Early service. The fee for each early electric service shall be $60.00, unless the service is
sought as part of a building permit for which a fee is paid under section 5-201 (A).
J. Fuel dispensing pumps. The fee for each fuel dispensing pump shall be $30.00.
K. Alarm systems. The fee for each alarm system shall be $0.04 per square foot of the
gross square footage of the structure. The minimum fee shall be $75.00.
(95-3; 10-18-73,96-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of 9-6-95; Code 1988,
95-3; Ord. 98-A(1), 8-5-98; Ord. 08-5(1), 8-6-08)
State law reference-oVa. Code S 36-105.
Sec. 5-203 Fees for plumbing permits.
The fees for plumbing permits are hereby established as provided herein:
A. Residentia/ structures in use groups R-3 and R-5. The fee for each new structure in use
groups R-3 and R-5 (one- and two-family dwellings) other than a garage, deck or porch, or for an addition
to an existing residential structure in either such use group, shall be included as part of the building permit
fee under section 5-201 (A).
B. Mobile homes and prefabricated homes. The fee for each mobile home or prefabricated
home shall be $30.00.
C. Commercial structures in various use groups. The fee for each new structure in use
group A-1, A-2, A-3, A-4, A-5, B, E, F, H-1, H-2, H-3, H-4, H-5, 1-1, 1-2, 1-3, 1-4, M, R-1, R-2, R-4, S-1, S-2,
or U, or an addition to an existing commercial structure in any such use group, shall be $8.00 per fixture.
The minimum fee shall be $75.00.
D. Alterations and repairs of structures in all use groups. The fee for an alteration or repair
of a structure in any use group shall be $8.00 per fixture, provided that there is no increase in gross
square footage. The minimum fee shall be $75.00.
E. Water lines. The fee for each water line shall be $25.00, unless the lines are included as
part of a building permit for which a fee is paid under section 5-201 (A).
F. Sewer latera/s. The fee for each sewer lateral shall be $25.00, unless the lateral is
included as part of a building permit for which a fee is paid under section 5-201 (A).
G. Fire suppression systems. The fee for each fire suppression system shall be $0.80 per
head. The minimum fee shall be $75.00.
(95-3; 10-18-73,96-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of 9-6-95; Code 1988,
95-3; Ord. 98-A(1), 8-5-98; Ord. 08-5(1), 8-6-08)
State law reference--Va. Code S 36-105.
Sec. 5-204 Fees for mechanical permits.
The fees for mechanical permits are hereby established as provided herein:
A. Residential structures in use groups R-3 and R-5. The fee for each new structure in use
groups R-3 and R-5 (one- and two-family dwellings) other than a garage, deck or porch, or for an addition
14
to an existing residential structure in either such use group, shall be included as part of the building permit
fee under section 5-201 (A).
B. Mobile homes and prefabricated homes. The fee for each mobile home or prefabricated
home shall be $30.00.
C. Commercial structures in various use groups. The fee for each new structure in use
group A-1, A-2, A-3, A-4, A-5, B, E, F-1, F-2, H-1, H-2, H-3, H-4, H-5, 1-1, 1-2, 1-3, 1-4, M, R-1, R-2, R-4, S-
1, S-2, or U, or an addition to an existing commercial structure in any such use group, shall be $0.04 per
square foot of gross square footage. The minimum fee shall be $75.00.
D. Alterations and repairs of structures in all use groups. The fee for an alteration or repair
of a structure in any use group shall be $0.04 per square foot of gross square footage, provided that there
is no increase in gross square footage. The minimum fee shall be $75.00.
E. Underground tanks. The fee for each underground tank, including associated piping, shall
be $170.00, unless the tanks are included as part of a building permit for which a fee is paid under
section 5-201 (A).
F. Aboveground tanks. The fee for each aboveground tank, including associated piping,
shall be $100.00, unless the tanks are included as part of a building permit for which a fee is paid under
section 5-201 (A).
G. Gas and oil lines. The fee for each gas or oil line shall be$35.00, unless the lines are
included as part of a building permit for which a fee is paid under section 5-201 (A).
H. Furnaces, wood stoves and gas log systems. The fee for each furnace, wood stove or
gas log system shall be $65.00, unless the furnace, stove or gas log system is included as part of a
building permit for which a fee is paid under section 5-201 (A).
I. Range hoods. The fee for each range hood shall be $25.00.
J. Hood suppression systems. The fee for each hood suppression system shall be $30.00.
(95-3; 10-18-73,96-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of 9-6-95; Code 1988,
95-3; Ord. 98-A(1), 8-5-98; Ord. 08-5(1), 8-6-08)
State law reference-oVa. Code S 36-105.
Sec. 5-206 Fee for demolition permits.
The fee for each demolition permit shall be $95.00.
(95-3; 10-18-73,96-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of 9-6-95; Code 1988,
95-3; Ord. 98-A(1), 8-5-98; Ord. 08-5(1), 8-6-08)
State law reference-oVa. Code S 36-105.
Sec. 5-207 Fees for zoning inspections.
The fees for inspections to determine compliance with the zoning ordinance are hereby
established as provided herein:
A. Foundation of main and accessory structures. The fee for each inspection following the
laying of the foundation of main or accessory structures shall be $15.00 per inspection.
B. Surface water drainage pipes and culverts. The fee for each inspection pertaining to the
size and location of surface water drainage pipes and culverts shall be $10.00 per inspection.
15
C. Subsurface stone for parking lot or entrance. The fee for each inspection to determine the
proper depth of the subsurface stone for a parking lot on, or entrance onto, the property being developed,
prior to the final surfacing of the parking lot or entrance, shall be $10.00 per inspection.
D. Final site inspection. The fee for each final site inspection before a certificate of
occupancy or a temporary certificate of occupancy shall be $15.00 per inspection.
(95-3; 10-18-73,96-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of 9-6-95; Code 1988,
95-3; Ord. 98-A(1), 8-5-98; Ord. 08-5(1), 8-6-08)
State law reference-oVa. Code S 36-105.
Sec. 5-208 Fees for other permits, plan amendments and reinspections.
herein:
The fees for other permits, plan amendments and reinspections are established as provided
A. Other permits. The fees for any other building, electrical, plumbing, mechanical, or
amusement device permit not identified in this article shall be $30.00 per inspection.
B. Plan amendments. The fee for each new plan submitted which requires any structural or
fire safety review shall be $30.00.
C. Reinspections. The fee for each inspection of work performed, after the second
inspection of such work, shall be $30.00 per inspection.
(95-3; 10-18-73,96-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of 9-6-95; Code 1988,
95-3; Ord. 98-A(1), 8-5-98; Ord. 08-5(1), 8-6-08)
State law reference-oVa. Code S 36-105.
16
ATTACHMENT 6
ORDINANCE NO. 08-17(3)
AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY
OF ALBEMARLE, VIRGINIA, BY AMENDING ARTICLE I, GENERAL, ARTICLE II, EROSION AND
SEDIMENT CONTROL, AND ARTICLE III, STORMWATER MANAGEMENT AND WATER QUALITY
BE IT ORDAI NED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17,
Water Protection, Article I, General, Article II, Erosion and Sediment Control, and Article III, Stormwater
Management and Water Quality, are amended and reordained as follows:
By Amending:
Sec. 17-104
Sec. 17-204
Sec. 17-208
Sec. 17-209
Sec. 17-212
Sec. 17-310
Definitions
Review and approval of erosion and sediment control plan
Amendment of erosion and sediment control plan
Fees
Inspections
Fees
Chapter 17. Water Protection
Article I. General
Sec. 17-104 Definitions.
The following definitions shall apply in the interpretation and implementation of this chapter:
(2.1) Amendment to approved plan. The term "amendment to approved plan" means a revision
to a plan previously approved by the program authority that requires a plan review and approval before it
is incorporated into the approved plan. The revision can originate as a desired change by the owner or to
satisfy either a notice to comply or stop work order issued by the program authority.
(22.1) Inspection. The term "inspection" means the examination of a premises by the program
authority for the purpose of determining compliance with the requirements of this chapter or determining
whether bonded improvements are constructed as required by the approved plans required by this
chapter.
(35.2) Plan review. The term "plan review" means each review of a plan by the program
authority for the purpose of determining compliance with the requirements of this chapter including, but
not limited to, the review of a plan that has been revised and resubmitted after the program authority
reviewed and disapproved a prior plan.
(39.1) Reinspection. The term "reinspection" means an inspection necessitated by either a
notice of violation or stop work following issuance by the program authority.
(44) Stormwater managementlBMP facilities maintenance agreement. The term "stormwater
management/BMP facilities maintenance agreement" means an agreement that commits the owner or
other designated parties to maintain and inspect stormwater/BMP facilities, including those required by
17
approved mitigation plans required by section 17-322, constructed in accordance with this chapter based
on specific terms and conditions of the agreement.
(45) Stormwater management/BMP plan. The term "stormwater management/BMP plan" means
a document that describes the controls for the management of the rate of stormwater discharge and best
management practices for water quality protection, including mitigation plans required by section 17-322,
and which includes a narrative section, a map or site plan, pertinent calculations, and any specifications
submitted with the plan.
(47.2) Variance. The term "variance" means an owner-requested waiver from or modification to
either the minimum standards of the Virginia Erosion and Sediment Control Regulations or an accepted
erosion and sediment control measure which requires the program authority's evaluation and approval
before it can be incorporated into a plan. Unless determined by the program authority that the variance
can apply to other plans, a variance shall apply only to the plan for which it was requested and a separate
variance shall be required for any other plan.
(97-2,6-18-75,94,7-9-80,2-11-87,3-18-92, 919.1-5, 9-29-77, art. 1,92,9-13-78,7-11-90,8-3-94;
919.2-4,6-19-91; 919.3-5, 2-11-98; Code 1988, 99 7-2,19.1-5,19.2-4,19.3-5; Ord. 98-A(1), 8-5-98; Ord.
07-17(1),2-14-07; Ord. 08-17(1), 2-6-08; Ord. 08-17(3), 8-6-08)
State law reference--Va. Code SS 10.1-560, 10.1-603.2.
Article II. Erosion and Sediment Control
Sec. 17-204 Review and approval of erosion and sediment control plan.
Each erosion and sediment control plan submitted pursuant to this article shall be reviewed and
approved as provided herein:
A. The plan shall be reviewed by the program authority to determine whether it complies
with the requirements of section 17-203 and all other requirements of this article.
B. During its review of the plan, the program authority may meet with the owner from time to
time to review and discuss the plan with the owner, and shall inform the owner in writing of any
modifications, terms, or conditions required to be included in the plan in order for it to be approved. The
program authority may also consider and act on a variance request under the following criteria: (i) the
owner shall explain in writing the reasons for requesting the variance; and (ii) the variance may be
approved if the program authority determines that the approved plan, with the variance and any
associated conditions of approval, would protect off-site properties and resources from damage to the
same extent or better than if the variance was not granted.
C. Except as provided in paragraph (E), the program authority shall approve or disapprove a
plan in writing within forty-five (45) days from the date the complete application was received by the
program authority. The decision of the program authority shall be based on the plan's compliance with
the requirements of this article. The decision shall be in writing and shall be served by first class mail to
the address provided by the owner in the application for approval of the plan or by personal delivery to the
owner. The date of the decision shall be either the date that it is deposited for mailing or the date that it is
personally delivered to the owner. If the plan is disapproved, the reasons for disapproval shall be stated
in the writing.
D. If the program authority fails to act on the plan within forty-five (45) days from the date the
application was received by the program authority, the plan shall be deemed approved.
E. If the owner is required to obtain approval of a site plan or plat, the program authority
shall not approve an erosion and sediment control plan unless and until the site plan or plat is approved
18
as provided by law. For purposes of this paragraph, a site plan or plat may be deemed approved by the
program authority if its approval is conditioned upon the approval of an erosion and sediment control plan
pursuant to this article, and the program authority determines that review and approval of the erosion and
sediment control plan will not affect approval of the site plan or plat. The program authority may approve
an erosion and sediment control plan prior to approval of a required site plan or plat in the following
circumstances:
1. to correct any existing erosion or other condition conducive to excessive
sedimentation which is occasioned by any violation of this chapter or by accident, act of God or other
cause beyond the control of the owner; provided, that the activity proposed shall be strictly limited to the
correction of such condition;
2. to clear and grub stumps and other activity directly related to the selective cutting
of trees, as permitted by law;
3. to install underground public utility mains, interceptors, transmission lines and
trunk lines for which plans have been previously approved by the operating utility and approved by the
county as being substantially in accord with the comprehensive plan, if necessary;
4.
disturbing activity;
to fill earth with spoils obtained from grading, excavation or other lawful earth
5. to clear, grade, fill or engage in similar related activity for the temporary storage
of earth, equipment and materials, and to construct temporary access roads; provided, that in each case,
the area disturbed shall be returned to substantially its previous condition, with no significant change in
surface contours. The return to previous condition shall occur within thirty (30) days of the completion of
the activity or temporary use, or within thirteen (13) months of the commencement of any land disturbing
activity on the land which is related to the activity, whichever period shall be shorter; or
6. to establish borrow, fill or waste areas in accordance with sections 5.1.28 and
10.2.1.18 of the zoning ordinance.
(97-5,6-18-75,97,2-11-76,4-21-76,6-2-76, 7-9-80, 7-8-81,2-11-87,3-18-92; 919.3-12,2-11-98; Code
1988,997-5,19.3-12; Ord. 98-A(1), 8-5-98; Ord. 08-17(3), 8-6-08)
State law reference-oVa. Code S 10.1-563.
Sec. 17-208 Amendment of erosion and sediment control plan.
The program authority may change an approved erosion and sediment control plan and require
an owner to submit an amended plan in the following circumstances:
1. An inspection conducted pursuant to section 17-212 reveals that the plan is inadequate
to satisfy the requirements of this article;
2. The owner finds that, because of changed circumstances or for other reasons, the
approved plan cannot be effectively carried out and either proposed amendments to the plan, consistent
with the requirements of this article, are agreed to by the program authority and the owner or the owner
submits and obtains approval of a variance and the program authority determines that an amendment to
the plan is required. The program authority may consider and act on a variance request under the
following criteria: (i) the owner shall explain in writing the reasons for requesting the variance; and (ii) the
variance may be approved if the program authority determines that the amended plan, with the variance
and any associated conditions of approval, would protect off-site properties and resources from damage
to the same extent or better than if the variance was not granted. The program authority shall approve or
disapprove the variance in writing within ten (10) days after receipt of the request. If the program
authority does not approve a variance within ten (10) days of the receipt of the request, it shall be
deemed to be disapproved.
3. The land disturbing activity did not begin during the one hundred eighty (180) day period
19
following plan approval, or ceased for more than one hundred eighty (180) days, and the existing plan
has been evaluated to determine whether it still satisfies the requirements of this article and state erosion
and sediment control criteria and to verify that all design factors are still valid, and it has been determined
that the plan is inadequate. In such a case, the land disturbing activity shall not be resumed until a
modified plan is submitted and approved as provided in this article.
(97-5,6-18-75,97,2-11-76,4-21-76,6-2-76, 7-9-80, 7-8-81, 2-11-87, 3-18-92; 919.3-16, 2-11-98; Code
1988,997-5,19.3-16; Ord. 98-A(1), 8-5-98; Ord. 08-17(3), 8-6-08)
State law reference-oVa. Code S 10.1-563.
Sec. 17-209 Fees.
Each owner seeking approval of an erosion and sediment control plan or entering into an
agreement in lieu of a plan shall pay a fee upon submittal of such plan, and shall pay a fee for each
reinspection, in amounts according to the schedule set forth below. Each fee shall be in the form of cash
or a check payable to the "County of Albemarle."
A. Land disturbing activity pertaining to single family dwelling unit:
1. Agreement in lieu of a plan if single family dwelling unit located in a residential
development: $150
2. Agreement in lieu of a plan if single family dwelling unit not located in a
residential development: $150
3. Plan review for a single family dwelling unit: $150 per review
4. Permit and first year inspection fees for a single family dwelling unit: $150
5. Annual permit renewal and inspection fees for a single family dwelling unit,
starting with second year: $150
6. Each reinspection: $150
B. Land disturbing activity pertaining to non-exempt agricultural land:
1 . Pia n review: $150 per review
2. Permit and first year inspection fees: $150
3. Each reinspection: $150
4. Annual permit renewal and inspection fees, starting with second year: $150
C. All other land disturbing activity:
1. Plan review, disturbed area less than one acre: $150 per review
2. Permit and first year inspection fees, disturbed area less than one acre: $200
3. Annual permit renewal and inspection fee, disturbed area less than one acre:
$200
4. Plan review, disturbed area one acre or larger: $300 per review
5. Permit and first year inspection fees, disturbed area one acre or larger: $100
per disturbed acre
20
6. Annual permit renewal and inspection fee, disturbed area one acre or larger,
starting with second year: $100 per disturbed acre
7. Each reinspection: $250
8. Amendment to approved plan: $180 per plan review
D. Variances: $760 per request
(97-4,6-18-75,96, 10-22-75,4-21-76, 11-10-76,3-2-77,4-17-85,2-11-87, 12-11-91,3-18-92; 9 19.3-17,
2-11-98; Code 1988, 997-4,19.3-17; Ord. 98-A(1), 8-5-98; Ord. 98-17(1),11-11-98; Ord. 02-17(1), 7-3-
02; Ord. 08-17(3), 8-6-08)
State law reference--Va. Code S 10.1-562.
Sec. 17-212 Inspections.
The program authority shall inspect any land disturbing activity or erosion impact area as
provided herein:
A. The program authority shall conduct periodic inspections of land disturbing activities and
erosion impact areas to determine compliance with the approved erosion and sediment control plan, and
to determine whether such approved plan and permit as implemented are adequate to satisfy the
requirements of this article.
B. Except as provided in paragraph (C), the periodic inspections shall be conducted: (i)
during or immediately following initial installation of erosion and sediment controls; (ii) at least once during
every two (2) week period thereafter; (iii) within forty-eight (48) hours following any runoff producing storm
event; and (iv) at the completion of the project prior to the release of any surety. The inability of the
program authority to conduct inspections within the time periods set forth in this paragraph shall not be
deemed to be a failure of the program authority to perform a mandatory duty or a ministerial function, and
no liability to the county, the program authority, or any official or employee thereof shall arise therefrom.
C. Notwithstanding paragraph (B), the program authority is authorized to establish an
alternative inspection program which ensures compliance with an approved erosion and sediment control
plan. Such alternative inspection program shall be: (i) approved by the Virginia Soil and Water
Conservation Board prior to implementation; (ii) established in writing; (iii) based on a system of priorities
which, at a minimum, address the amount of disturbed project area, site conditions, and stage of
construction; (iv) documented by inspection records; and (v) maintained and available for public review in
the department of community development.
D. The program authority shall have the right to enter upon property subject to an erosion
and sediment control plan for the purposes of conducting an inspection as provided in this section or an
investigation pertaining to an erosion or sedimentation complaint. The owner shall be given notice of the
inspection. Such notice may be either verbal or in writing.
E. The fees required for inspections conducted pursuant to paragraph (B)(i), (ii) and (iv) are
a part of the application fee required by section 17-209. The fee required for inspections conducted
pursuant to paragraph (B)(iii) shall be paid by the owner within thirty (30) days of the date shown on the
invoice.
(97-6,6-18-75,98,2-11-76,4-21-76,2-11-87, 3-18-92; 919.3-20, 2-11-98; Code 1988, 997-6,19.3-20;
Ord. 98-A(1), 8-5-98; Ord. 08-17(3), 8-6-08)
State law reference-oVa. Code S 10.1-566.
Article III. Stormwater Management and Water Quality
21
Sec. 17-310 Fees.
Each owner seeking approval of a stormwater management/BMP plan shall pay a fee upon
submittal of such plan, and shall pay a fee for each inspection, in amounts according to the schedule set
forth below. Each fee shall be in the form of cash or a check payable to the "County of Albemarle."
1. Plan review: $300 per plan review
2. Amendment to approved plan: $180 per plan review
3. Request for exception (section 17-308): $240
4. Request for development in a stream buffer or for reduction or modification of stream
buffer (section 17-321) and mitigation plan (if not part of another document)
(section 17-322): $85
5. Each inspection or reinspection: $60
6. Mitigation plan (section 17-322): $860
(919.3-34,2-11-98; 9 19.1-8, 9-29-77, art. II, 93,7-11-90; Code 1988, 99 19.1-8,19.3-34; Ord. 98-A(1),
8-5-98; Ord. 02-17(1), 7-3-02; Ord. 08-17(3), 8-6-08)
State law reference--Va. Code S 10.1-603.10.
22
ATTACHMENT 7
RESOLUTION TO AUTHORIZE
ACQUISITION OF PROPERTY
WHEREAS, the County of Albemarle desires to acquire certain property within the County by
purchase from James Kevin Byrom and Xiao Yin Byrom for the purpose of providing access to the
Patricia Ann Byrom Forest Preserve Park; and
WHEREAS, an offer to sell said property to the County has been made and presented to the
Board of Supervisors for its consideration.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
authorizes the purchase of that parcel identified as Parcel "Z" and a Permanent Park Access Easement,
both located on Tax Map Parcel 6-28B in the County of Albemarle, for the amount of $150,422.22, and
further authorizes the County Executive to execute a Deed and all other documents necessary to acquire
this property and easement.
23
ATTACHMENT 8
A RESOLUTION APPROVING AN AMENDMENT OF THE
FIRE SERVICES AGREEMENT BETWEEN
THE CITY OF CHARLOTTESVILLE
AND ALBEMARLE COUNTY
WHEREAS, On May 3, 2000 the City of Charlottesville (the "City") and the County of Albemarle
(the "County") entered into an agreement governing the provision of fire services for both localities (the
"Fire Services Agreement"), which remains in full force and effect; and
WHEREAS, Section 6 of the Fire Services Agreement provides that the Agreement shall expire
on June 30, 2010 but that the parties may, by mutual written agreement executed prior to June 30, 2007,
extend the Agreement for a second term lasting three (3) additional years, through June 30, 2013; and
WHEREAS, the Fire Services Agreement has been mutually beneficial to both the City and the
County, and the parties may desire to extend the Agreement for up to three additional one-year terms,
beginning July 1, 2010 and ending June 30, 2013; and
WHEREAS, the City is agreeable to an extension of the Agreement, notwithstanding the
extension deadline provided in Section 6.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle County,
Virginia that it hereby approves the Amendment of Fire Services Agreement Between the City of
Charlottesville and Albemarle County to Authorize Extended Terms of Agreement to allow for the
Agreement to be extended for up to three additional one-year terms beginning July 1, 2010 and ending
June 30, 2013; and
BE IT FURTHER RESOLVED that its Chairman is hereby authorized to execute the Amendment
of Fire Services Agreement Between the City of Charlottesville and Albemarle County to Authorize
Extended Terms of Agreement.
24
WOMEN'S EQUALITY DA Y
WHEREAS, many decades of efforts by women and men were required to give women
the right to vote; and
WHEREAS, citizens must always be willing to work to assure that the laws and policies in
the Commonwealth of Virginia, the United States of America, and this County
do not unjustly discriminate against females, and any other group; and
WHEREAS, unjust treatment based on views of inequality is often subtle; and
WHEREAS, it is appropriate for this County to recognize a day that commemorates the
passage of the 19th Amendment to the Constitution of the United States, the
amendment that gave the right of suffrage to American women;
NOW, THEREFORE, BE IT RESOL VED that the Board of Supervisors of Albema,rle
County, Virginia, does hereby proclaim
August 26, 2008
as
WOMEN'S EQUALITY DA Y
in remembrance of all those women and men who have worked to develop a
more equitable community that acknowledges both the real similarities and
the important differences between women and men.
Signed and sealed this 6th day of August, 2008.
Kenne~C. Boy~ Chaifman
Albemarle County Board of Supervisors
Allan B. Kindrick
4815 Jacobs Run
Earlysville VA 22936
August 8, 2008
Board of Supervisors
County of Albemarle
401 McIntire Road
Charlottesville, VA 22902-4596
RECEIVED AT 80S MEETING
Date: g. <0 . c;? 008
Agenda Item II: ~
Clerk's Initials:_!!1 ~ W
Re: SDP200800087, Charlottesville Albemarle Airport Major Amendment
Members of the Board:
I hereby Petition the Board of Supervisors and hereby appeal the program authority's
interpretation of the provisions of Chapter 17 (Water Protection Ordinance) of the
Albemarle County Code as present to the Planning Commission at its meeting on July 22,
2008 pursuant to Albemarle County Code 17-311.
As an owner of adjacent and down stream property I allege as follows:
1. SDP200800087 does not meet the definition as described by the program
authority.
2. SDP200800087 does not meet the exemption criteria under Chapter 17 of the
County Code either by the imposed definition or otherwise.
3. SDP200800087 does not meet the exemption criteria under Chapter 18 of the
County Code for Critical Slopes.
These actions and interpretations have resulted in an approval by the Planning
Commission which is in violation of the Local Code.
Respectfully,
{JI,h V1Idll
{: Allan B. Kindrick
On 22 July 2008 the Albemarle County Planning Commission approved an 800'
extension of the Charlottesville-Albemarle Airport. Today I am appearing before you,
the Board of Supervisors, to go on public record and to notify you that this approval is in
violation ofthe Local Code of Albemarle County.
This approval was obtained in part by an administrative decision of Mark Graham to
label the project as the equivalent of a driveway. His rationalization was in essence that
this was an access way for a vehicle to a structure on a property.
Later members of the staff informed the Planning Commission that due to the
administrative decision and the fact that it was a public facility no mitigation for streams,
buffer zones or critical slopes is required.
This advice is incorrect and contradictory to the local code for the following reasons:
1. Chapter 18 of the Albemarle County Code defines a driveway as "a form of vehicular
access from a public street, a private road or alley to the interior of a lot or parcel of
land" .
This project does not meet the defInition of a driveway per the county code.
2. Mr. Graham provided the Section 17-320(D) to the planning commission as the
regulation allowing the development of this project in the stream buffer.
Section l7-320(D) is the county code which allows stream crossings of perennial and
intermittent streams for roads, streets, or driveways provided the following
requirements are addressed to the satisfaction of the program authority. The code
specifically deals with bridges, culverts, stream stabilization and dissipation rates
below the bridge or culverts and stream buffer disturbance in the placement of these
bridges or culverts. Additionally the section restricts the impact to 30 linear feet for
driveways and 60 linear feet for roads or streets.
The airport extension project does not remotely qualify for these exemptions as
outlined in Section l7-320(D). The project is not dealing with bridges or culverts or
even with a stream crossing. Additionally per the Environmental Assessment dated
September 2007 this project will impact 937 linear feet of stream which flow directly
into Chris Greene Lake.
3. Section 17-321 of the County Code does allow development of a driveway in a
stream buffer provided that a mitigation plan is submitted to and approved by the
program authority pursuant to Section 17-322. However the exemption is only
allowed when the program authority determines that the stream buffer would prohibit
access to the lot necessary for the lot to be used and developed.
Again this project does not meet the requirements as the stream buffers being
impacted do not prohibit access to the lot..
4. Mr. Bill Fritz also advised the planning commission that roads driveways and the like
are exempt as well as public facilities are exempt from the critical slopes
requirements outlined in Section 18-4.2 per Section 18-4.2.6(C).
First the references by Mr. Fritz to Section 18 of the County Code and the exemptions
listed therein only stands to validate the use of the defInition for driveways as
previously stated.
Secondly, Section 18-4.2.6(C) allows a lot, structure, or improvement to be exempt
from the requirements of section 4.2 (Critical Slopes) as provided the applicant
demonstrates that no reasonable alternative location or alignment exist.
Again this project does not meet this exemption, as there are reasonable alternative
locations available that were actually considered.
Since this project does not meet the requirements of the county codes to qualify for
exemption the approval is in violation of the county code and to allow the project to
proceed would violate the local ordnances.
State Code 15.2-2259(A)3 states, "Not withstanding the approval or deemed approval of
any proposed plat, site plan, or plan of development, any defIciency in any proposed plat
or plan, that if left uncorrected would violate local, state, or federal law, regulations,
mandatory Department of Transportation engineering and safety requirements, and other
mandatory engineering and safety requirements, shall not be considered, treated, or
deemed as having been approved by the local planning commission or other agent".
Today I am asking that the Albemarle County Board of Supervisors to enforce State Code
15.2-2259(A) 3 and publicly declare the project as having not been approved.
I am further advising the Board of Supervisor that I am requesting a review of the
program authority action to declare the project a driveway and as an allowable
development under Section 17-320(D) per Section 17-311 of the County Code. This
section allows any person aggrieved (which includes owners of adjacent or downstream
property) of which I qualify on both accounts to have the right to apply for and receive a
review of such actions (to include interpretation of the provisions of this article) to the
Board of Supervisors.
I would also like to ask the Board of Supervisors as to how any type of construction
efforts involved with this project have been allowed. That there are on-going efforts
currently impacting stream buffer areas is clearly depicted in these photos. It is obvious
that this work occurred before 22 July 2008.
Finally I would like to make the Board aware that a copy of these comments will be
forwarded to the Virginia Department of Aviation for consideration in any application
process for funds that are currently being considered.
ALBEMMRLECOUNTYCODE
be deemed to include drilling of holes not more than one hundred twenty-five (125) feet in depth,
designed solely to determine the geologic suitability of a site for the construction of structures.
(Added 2-10-82)
Drive-in-Theater: A theater so laid out that patrons can be accommodated while remaining in
their automobiles.
Drive-in-Window: A facility designed to provide access to commercial products and/or services
for customers remaining in their automobiles. (Added 11-7-84)
Driveway: A form of vehicular access from a public street, private road or alley to the interior of a
lot or parcel of land (Added 2-6-02)
Duplex: A two-family dwelling or a series of attached single-family dwellings containing two (2)
dwelling units.
Dwelling, Multiple-Family: A structure arranged or designed to be occupied by more than two (2)
families, the structure having more than two (2) dwelling units.
Dwelling, Single-Family: A building containing one (1) dwelling unit.
Dwelling, Two-Family: A structure arranged or designed to be occupied by two (2) families, the
structure having only two (2) dwelling units.
Dwelling Unit: A single unit providing complete, independent living facilities for one (1) or more
persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
Easement: A right to use the land of another in a particular manner and for a particular purpose.
(Added 7-20-88; Amended 10-3-01)
Eating Establishment: See Restaurant. (Amended 10-3-01)
Eave: The lower portion of a roof that overhangs the wall.
Facility vehicle: A van, pickup truck, car or other passenger vehicle licensed for street use,
intended for daily business use by a contractor in the operation of a Qontracting business, and
stored at the contractor's yard overnight. Loaders, backhoes, bulldozers, dump trucks and similar
construction equipment are not facility vehicles. (Added 2-5-03)
Family:
1. An individual; or
2. Two (2) or more persons related by blood, marriage, adoption, or guardianship, and/or
not more than two (2) unrelated persons living together as a single housekeeping unit in a
dwelling or dwelling unit; or:
3. For the purposes of this ordinance the following shall not apply to the R-l, R-2 and R-4
residential districts: a group of not more than six (6) persons not related by blood,
marriage, adoption or guardianship living together as a single housekeeping unit in a
dwelling or dwelling unit.
Family day home: A dwelling unit where care, protection and guidance is provided to a group of
more than five (5) children under the age of thirteen (13), exclusive of the provider's family,
during the absence of a parent or guardian during a part of a day. A single-family dwelling having
five (5) or fewer children is a single-family residential use. (Added 10-3-01)
Farm: The term "farm" means one or more parcels of land, whether such parcels are abutting or
not, operated under the same management and whose primary use is agriculture. (Added 12-13-
06)
18-3-6
Zoning Supplement #47,6-11-08
ALBEMARLE COUNTY CODE
3. All such construction, installation, and maintenance of such water or sewer lines
shall comply with all applicable federal, state and local requirements and permits and be conducted in a
manner that protects water quality.
C. Silvicultural activities, provided that such activities are conducted in compliance with the
water quality protection procedures established by the Virginia Department of Forestry in its "Best
Management Practices Handbook for Forestry Operations."
(9 19.3-43,2-11-98; 9 19.2-12,6-19-91,912; Code 1988,99 19.2-12, 19.3-43; Ord. 98-A(l), 8-5-98)
State law referenc~Va. Code gIO.1-2108.
Sec. 17-320 Types of development authorized in stream buffer.
If otherwise authorized by the applicable regulations of the zoning ordinance, the following types
of development shall be allowed in a stream buffer, provided that the requirements of this section are
satisfied:
A. A building or structure which existed on the date of adoption of this chapter may
continue at such location. However, nothing in this section authorizes the continuance, repair, replacement,
expansion or enlargement of such building or structure except as provided in sections 6.0 and 30.3 of the
zoning ordinance.
B. On-site or regional stormwater management facilities and temporary erosion and
sediment control measures, provided that:
1. To the extent practical, as determined by the program authority, the location of
such facilities shall be outside of the stream buffer;
2. No more land shall be disturbed than is necessary to provide for construction
and maintenance of the facility, as determined by the program authority;
3. The facilities are designed and constructed so as to minimize impacts to the
functional value of the stream buffer and to protect water quality; and
4. Facilities located within a flood plain adhere to flood plain regulations of the
county and are designed and located, to the extent practical, to maintain their water quantity and/or water
quality control value, according the standards of this article, during flood conditions.
C. Water-dependent facilities; water wells; passive recreation access, such as pedestrian
trails and bicycle paths; historic preservation; archaeological activities; provided that all applicable federal,
state and local permits are obtained.
D. Stream crossings of perennial and intermittent streams for roads, streets or driveways,
provided the following requirements are addressed to the satisfaction ofthe program authority:
1. Bridges and culverts shall satisfy the following:
a. For crossings of perennial streams, bridges, arch culverts, or box
culverts shall be used for the stream crossing and sized to pass the ten (10) year storm without backing
water onto upstream properties. Bridges or culverts shall either leave the stream section, consisting of the
stream bed and the stream bank, undisturbed or shall allow the stream to retum to a natural stabilized cross-
section upon completion of installation. The lowest interior elevation of the culvert (the culvert invert)
shall be a minimum of six (6) inches below the stream bed. Culvert walls and bridge columns should be
located outside the stream banks wherever possible;
17-33
Supp. #19, 7-08
ALBE~RLECOUNTYCODE
b. For crossings of intermittent streams, bridges or culverts shall be used
for the stream crossing and sized to pass the ten (10) year storm without backing water onto upstream
properties;
2. Stream stabilization and energy dissipation measures below each bridge or
culvert shall satisfy the standards for stream bank stabilization and outlet control provided in the county's
design standards manual;
3. The stream buffer disturbance shall be the minimum necessary for the lot(s) to
be used and developed as permitted in the underlying zoning district and under the applicable regulations of
the subdivision ordinance. Stream crossings shall not disturb more than thirty (30) linear feet of stream for
driveways and sixty (60) linear feet for roads or streets, provided that the program authority may allow
additional length of stream disturbance where fill slopes or special conditions necessitate additional length;
4. The stream bed and stream banks shall be stabilized within seven (7) days from
the start of backfilling for the bridge or cui vert;
5. For stream crossings where any portion of the pre-construction stream buffer is
not fully vegetated as determined by the program authority, and for any portion ofa vegetated stream
buffer that is disturbed during the installation of the stream crossing, buffer vegetation shall be established
and maintained within the stream buffer but outside of the stream crossing at a ratio of two (2) square feet
of stream buffer restored for every one (1) square foot of stream buffer that was either not fully vegetated
or is disturbed during the installation of the stream crossing. Buffer vegetation shall be established and
maintained at the 2: 1 ratio to the extent that the stream buffer is fully vegetated outside of the stream
crossing, provided that the owner shall not be required to establish vegetation outside of the stream buffer
in order to satisfy the 2: 1 ratio. The program authority may require that the owner enter into an agreement
providing for the ongoing maintenance of the plantings in the stream buffer, and may require a bond with
surety or other acceptable instrument, which agreement and bond with surety or other acceptable
instrument shall be of a substance and in a form approved by the program authority and the county
attorney. Stream buffer plantings shall be consistent with guidance supplied by the program authority;
6. In order to assure that the encroachment into or across the stream buffer is
minimized, on and after May 7, 2008, it shall be presumed that one stream crossing is adequate to serve the
owner's lot(s) existing on that date and all lots created therefrom on and after that date. The program
authority shall allow only one stream crossing to serve all lots, provided that it may allow additional
crossings under section 17-321(4);
7. The owner shall provide the program authority with copies of approved federal
and state permits associated with the stream crossing, if applicable.
(9 19.3-44,2-11-98; 9 19.2-7,6-19-91, S 7; S 19.2-8,6-19-91, S 8; Code 1988, SS 19.2-7, 19.2-8, 19.3-44;
Ord. 98-A( 1), 8-5-98; Ord. 08-17(2), 5-7-08)
State law reference-Va. Code S 10.1-2108.
Sec. 17-321 Types of development which may be allowed in stream buffer by program authority.
Development in a stream buffer may be authorized by the program authority in the circumstances
described below, provided that a mitigation plan is submitted to, and approved, by the program authority
pursuant to section 17-322:
1. on a lot which is located within a development area but is not within a water supply
protection area: within the fifty (50) horizontal feet of stream buffer that is the most landward (furthest
from the stream);
2. on a lot which is located within a water supply protection area or other rural land: within
the fifty (50) horizontal feet of stream buffer that is the most landward, but only for stoffi1water conveyance
17-34
Supp. #19, 7-08
ALBE~RLECOUNTYCODE
channels or other necessary infrastructure, and only if such development is determined by the program
authority to be necessary to allow a reasonable use of the lot. In all cases under this paragraph, the building
site and the sewage disposal system shall be located outside of the stream buffer;
3. on a lot on which the development in the stream buffer will consist of a lake, pond, or
ecological/wetland restoration project;
4. on a lot on which the development in the stream buffer will consist of the construction
and maintenance of a road, street or driveway that would not satisfy the requirements of section 17-320(D).
and the program authority determines that the stream buffer would prohibit access to the lot necessary for
the lot to be used and developed as permitted in the underlying zoning district and under the applicable
regulations of the subdivision ordinance, or to establish more than one stream crossing;
5. on a lot which was of record prior to the date of adoption of this chapter, on which the
development in the stream buffer will consist of the construction, installation and maintenance of water and
sewer facilities or sewage disposal systems, and the program authority determines that the stream buffer
would prohibit the practicable development of such facilities or systems. Any such sewage disposal system
must comply with all applicable state laws; and
6. on a lot which was of record prior to the. date of adoption of this chapter, if the stream
buffer would result in the loss of a building site, and there are no other available building sites outside the
stream buffer on the lot, or to allow redevelopment as permitted in the underlying zoning district.
(9 19.3-45,2-11-98; 9 19.2-8,6-19-91,98; Code 1988, 9 9 19.2-8, 19.3-45; Ord. 98-A(1), 8-5-98; Ord.
08-17(1),2-6-08; Ord. 08-17(2), 5-7-08)
State law reference--Va. Code 910.1-2108.
Sec. 17-322 Mitigation plan if development allowed in stream buffer.
Each owner who seeks to develop in a stream buffer pursuant to section 17-321 shall submit to the
program authority for review and approval a mitigation plan as provided herein:
A. The owner shall submit a mitigation plan that satisfies the applicable requirements of this
section, the fee required by section 17-310, and a certification stating that all requirements of the approved
plan will be complied with. If the mitigation plan pertains to a road, street or driveway encroaching into or
crossing a stream buffer, it shall be submitted with and reviewed by the program authority in coordination
with the preliminary site plan or preliminary subdivision plat, if such a plan or plat is submitted or, if not, in
coordination with the final site plan or final subdivision plat, or building permit.
B. The mitigation plan shall be reviewed by the program authority to determine whether it
complies with the requirements of this section and all other requirements of this article. The program
authority shall approve or disapprove a mitigation plan within thirty (30) days that a complete plan was
accepted for review. The decision shall be in writing and shall be communicated to the owner. If the plan
is disapproved, the reasons for such disapproval shall be stated in the decision.
C. Each mitigation plan shall:
L
the stream buffer;
identify the impacts of proposed development on water quality and lands within
2. ensure that, where development takes place within a stream buffer: (i) the
proposed development shall be located on those portions of a site and in a manner that will be least
disruptive to the natural functions of the stream buffer; (ii) no more land shall be disturbed than is
necessary to allow a development that is permitted in the underlying zoning district under the applicable
regulations of the subdivision ordinance; (iii) indigenous vegetation shall be preserved to the maximum
17-35
Supp #\9.7-08
ALBE~RLECOUNTYCODE
extent practicable, consistent with the proposed development; and (iv) the impervious cover shall be
minimized consistent with the proposed development;
3. demonstrate and assure that development will be conducted using best
management practices; where best management practices require regular or periodic maintenance in order
to continue their functions, the program authority may require that the owner enter into an agreement
providing for the ongoing maintenance of the plantings in the stream buffer, and may require a bond with
surety or other acceptable instrument, which agreement and bond with surety or other acceptable
instrument shall be of a substance and in a form approved by the program authority and the county
attorney;
4. specify mitigation which will address water quality and stream buffer impacts;
5. contain all other information requested by the program authority; and
6. where an owner seeks to establish more than one stream crossing as provided in
section 17-320(D)(6), demonstrate that the environmental impacts from the entire road, street or driveway
necessitated by a single stream crossing would be greater than the environmental impacts caused by an
additional crossing and its associated road, street or driveway. For the purposes of this subsection, the
environmental impacts considered by the program authority include, but are not limited to, impacts to soil,
soil erosion, stormwater quantity, water quality, loss of vegetated stream buffer, impacts to stream beds and
stream banks, the creation of impervious surfaces, and the disturbance of slopes of twenty-five (25) percent
or greater.
D. Each mitigation plan shall be evaluated by the program authority based on the following
criteria:
1. whether all reasonable alternatives to development in the stream buffer have
been explored and exhausted;
2. whether the development in the stream buffer is the minimum necessary and is
conducted in a manner that will be least disruptive to the natural functions of the stream buffer;
3. whether best management practices will effectively mitigate adverse impacts
from the encroachment on the stream buffer and its natural functions;
4. whether the design and construction of the development will satisfy the criteria
in subsections 17-322(C)(2) and (C)(3); and
5. for driveways, roads and streets, whether their alignment and design are
optimized, consistent with all other applicable requirements, to minimize encroachment in the stream buffer
and adverse effects on water quality.
(9 19.3-46,2-11-98; 9 19.2-8,6-19-91,98; S 19.1-13,6-19-91, S 13; Code 1988, SS 19.1-13, 19.2-8, 19.3-
46; Ord. 98-A(I), 8-5-98; Ord. 08-17(2), 5-7-08)
State law reference-Va. Code 9 10.1-2108.
Sec. 17-323 Duty to comply, maintain and repair; maintenance agreement.
Upon approval by the program authority of a stormwater management/BMP plan, each owner
shall:
1. comply with all of the terms and conditions of the approved plan;
2. maintain and repair all structural and nonstructural stormwater management
measures required by the plan, as provided herein:
17-36
Supp. #19,7-08
ALBE~RLECOUNTYCODE
from the local office of the Virginia Department of Health of the location and area for both
original and future replacement septic disposal fields adequate to serve such use. For
residential usage, at a minimum, each septic disposal field shall consist of suitable soils of
adequate area to accommodate sewage disposal from a three (3) bedroom dwelling as
determined by current regulations of the Virginia Department of Health. (Amended 11-15-89)
4.1.7 In a cluster development, open space may be used for septic field location only after the septic
field locations on such lot are determined to be inadequate by the local office of the Virginia
Department of Health. (Added 6-3-81)
4.2 CRITICAL SLOPES
These provisions are created to implement the comprehensive plan by protecting and conserving
steep hillsides together with public drinking water supplies and flood plain areas and in
recognition of increased potential for soil erosion, sedimentation, water pollution and septic
disposal problems associated with the development of those areas described in the comprehensive
plan as critical slopes. It is hereby recognized that such development of critical slopes may result
in: rapid and/or large-scale movement of soil and rock; excessive stormwater run-off; siltation of
natural and man-made bodies of water; loss of aesthetic resource; and in the event of septic system
failure, a greater travel distance of septic effluent, all of which constitute potential dangers to the
public health, safety and/or welfare. These provisions are intended to direct building and septic
system locations to terrain more suitable to development and to discourage development on
critical slopes, and to supplement other regulations regarding protection of public water supplies
and encroachment of development into flood plains. (Amended 11-15-89)
Where modification of regulations is sought pursuant to section 4.2.5, such request shall address
each concern specified in section 4.2. (Added 11-15-89)
4.2.1 BUILDING SITE REQUIRED
No lot or parcel shall have less than one (1) building site. For purposes of this section, the tenll
"building site" shall mean a contiguous area of land in slopes of less than twenty-five (25) percent
as determined by reference to either topographic quadrangle maps of the Geological Survey - U. S.
Department of Interior (contour interval twenty [20] feet) or a source determined by the county
engineer to be of superior accuracy, exclusive of:
-Such area as may be located in the flood hazard overlay district or which is located under water;
-Such area as may be located within two hundred (200) horizontal feet of the one hundred year
flood plain of any public drinking water impoundment or within one hundred (100) horizontal feet
of the edge of any tributary stream to such impoundment; (Amended 11-11-87)
-Such area as may be designated as resource protection areas on the resource protection areas map
adopted pursuant to chapter 17 of the Code of Albemarle; provided that nothing contained herein
shall be deemed to prevent or impair the water resources manager from exercise of discretion as
set forth in that ordinance. (Added 9-9-92)
4.2.2 BUILDING SITE AREA AND DIMENSIONS
Each building site shall be subject to the following minimum area and dimension requirements:
(Amended 10-17-01)
a. Uses not served by a public or central sewerage system. Building sites for uses not served by
a public or central sewerage system shall be subject to the following: (Amended 11-15-89;
10-17-01)
18-4-6
Zoning Supplement #l7, 10-17-0 I
ALBE~RLECOUNTYCODE
1. Dwelling units. Each building site for a dwelling unit shall have an area of thirty
thousand (30,000) square feet or greater and shall be of such dimensions that no one
dimension exceeds any other by a ratio of more than five (5) to one (1) as described by a
rectangle inscribed within the building site. The building site shall have adequate area
for locating two (2) septic drain fields approved by the Virginia Department of Health
pursuant to section 4.1 of this chapter. (Amended 11-15-89; 10-17-01)
2. Development subject to section 32 afthis chapter. Each building site in a development
subject to section 32 of this chapter shall have an area of thirty thousand (30,000) square
feet or greater and shall be of such dimensions that no one dimension exceeds any other
by a ratio of more than five (5) to one (1) as described by a rectangle inscribed within the
building site. The building site shall have adequate area for all buildings and structures,
two (2) septic drain fields approved by the Virginia Department of Health pursuant to
section 4.1 of this chapter, parking and loading areas, storage yards and other
improvements, and all earth disturbing activity related to the improvements. (Added 11-
15-89; Amended 10-17-01)
3. Modification or waiver. Notwithstanding section 4.2.5 of this chapter, the director of
planning and community development may modify or waive the rectangular shape
required by subsections (1) and (2) if, after receiving the recommendation from the
Virginia Department of Health, the director of planning and community development
finds, based on information provided by the developer, that: (i) the parcel has an unusual
size, topography, shape, location or other unusual physical condition; (ii) no reasonable
alternative building site exists; and (iii) modifying or waiving the rectangular shape
would result in less degradation of the parcel or adjacent parcels than if those dimensions
were adhered to . (Added 10-17-0 1 )
4. Appeal. A developer may appeal the denial of a modification or waiver to the planning
commission and, thereafter, to the board of supervisors, pursuant to section 4.2.5. (Added
10-17-01)
b. Uses served by a central sewerage system. Building sites for uses served by a central
sewerage system shall be demonstrated by the applicant to have adequate area, as follows:
(Amended 10-17-01)
1. Residential development. Each building site in a residential development shall have
adequate area for all dwelling unites) together with an area equivalent to the sum of the
applicable required yard areas for the applicable zoning district and, if parking is
provided in bays, the parking area. (Added 11-15-89; Amended 10-17-01)
2. Development subject to section 32 of this chapter. Each building site in a development
subject to section 32 of this chapter shall have adequate area for all structures, parking
and loading areas, storage yards and other improvements, and all earth disturbing activity
related to the improvements. (Added 11-15-89; Amended 10-17-01)
(94.2.2,12-10-80; 9 4.2.2,4.2.2.1,11-15-89; Ord. 01-18(7),10-17-01)
4.2.3 LOCATION OF STRUCTURES AND IMPROVEMENTS (Amended 11-15-89)
Except as otherwise permitted pursuant to section 4.2.2, the provisions of this section shall apply
to the location of any structure for which a permit is required under the Uniform Statewide
Building Code and to any improvement shown on a site development plan pursuant to section 32.0
oftljischapter. (Amended 11-15-89; 10-17-01)
(94.2.3, 12-10-80, 11-15-89; Ord. 01-18(7), 10-17-01)
18-4-7
Zoning Supplement #17, lO-17-01
ALBEMARLE COUNTY CODE
4.2.3.1 No structure or improvement shall be located on any lot or parcel in any area other than a building
site. (Amended 11-15-89)
4.2.3.2 No structure or improvement nor earth disturbing activity to establish such structure or
improvement shall be located on slopes of twenty-five (25) percent or greater except as otherwise
permitted under section 4.3.01.
(Amended 11-15-89)
4.2.4 LOCA nON OF SEPTIC SYSTEMS (Amended 11-11-87)
In the review for and issuance of a permit for the installation of a septic system, the Virginia
Department of Health shall be mindful of the intent of this section, and particularly mindful of the
intent to discourage location of septic tanks and/or drain fields on slopes of twenty (20) percent or
greater. Septic system location shall be restricted to the approved building site.
(Amended 11-1-87; 9-9-92)
4.2.5 MODlFICA nON OR WAIVER
Any requirement of section 4.2 may be modified or waived in an individual case, as provided
herein:
a. A developer requesting such modification or waiver shall file a written request in accordance
with section 32.3.10.4 of this chapter and shall in such request address each concern set forth
in section 4.2. No such modification or waiver shall be granted until the commission shall
have considered the recommendation of the agent. The agent in formulating such
recommendation may consult with the county engineer, Virginia Department of Health., water
resources manager and other appropriate officials. The county engineer shall evaluate the
potential for soil erosion, sedimentation and water pollution in accord with current provisions
of the Virginia Department of Transportation Drainage Manual, the Commonwealth of
Virginia Erosion and Sediment Control Handbook and Virginia State Water Control Board
best management practices, and where applicable, Chapter 17, Water Protection, of the Code.
(Amended 11-15-89)
b. The commission may modify or waive any requirement of section 4.2 in a particular case
upon finding that: (Amended 11-15-89)
1. Strict application of the requirements of section 4.2 would not forward the purposes of
this chapter or otherwise serve the public health, safety or welfare, or that alternatives
proposed by the developer would satisfy the purposes of section 4.2 to at least an
equivalent degree; or (Added 11-15-89)
2. Due to its unusual size, topography, shape of the property, location of the property or
other unusual conditions, excluding the proprietary interest of the developer, the
requirements of section 4.2 would effectively prohibit or unreasonably restrict the use of
the property or would result in significant degradation of the site or adjacent proper ties.
Such modification or waiver shall not be detrimental to the public health, safety or
welfare, to the orderly development of the area, or to adjacent properties, or be contrary
to sound engineering practices; or (Added 11-15-89)
3. Granting such modification or waiver would serve a public purpose of greater import
than would be served by strict application of section 4.2. (Added 11-15-89)
c. In granting such modification or waiver, the commission may impose such conditions as it
deems necessary to protect the public health, safety or welfare and to insure that such
development will be consistent with the intent of section 4.2.
18-4-8
Zoning Supplement #17, 10-17-01
ALBEMARLE COUNTY CODE
d. The board of supervisors shall consider a modification or waiver of any requirement of
section 4.2 only as follows:
1. The denial of a modification or waiver, or the approval of a modification or waiver with
conditions objectionable to the developer may be appealed to the board of supervisors as
an appeal of a denial of the plat, as provided in section 14-226 of the Code, or the site
plan, as provided in section 32.4.2.7 or 32.4.3.9, to which the modification or waiver
pertains. A modification or waiver considered by the commission in conjunction with an
application for a special use permit shall be subject to review by the board of supervisors.
2. In considering a modification or waiver, the board may grant or deny the modification or
waiver based upon the [mdings set forth in subsection (B), amend any condition imposed
by the commission, and impose any conditions it deems necessary for the reasons set
forth in subsection (c).
(12-10-80,94.2.5;; 11-15-89; Ord. 01-18(4),5-9-01)
4.2.6 EXEMPTIONS
A lot, structure, or improvement may be exempt from the requirements of section 4.2 as provided
herein: (Added 10-17-01)
a. Any structure which was lawfully in existence prior to the effective date of this chapter and
which is nonconforming solely on the basis of the requirements of section 4.2, may be
expanded, enlarged, extended, modified and/or reconstructed as though such structure were a
conforming structure. For the purposes of this section, the term "lawfully in existence" shall
also apply to any structure for which a site development plan was approved or a building
permit was issued prior to the effective date of this chapter, provided such plan or permit has
not expired. (Amended 10-17-01)
b. Any lot or parcel of record which was lawfully a lot of record on the effective date of this
chapter shall be exempt from the requirements of section 4.2 for the establishment of the first
single-family detached dwelling unit on such lot or parcel; provided that section 4.2.3.2 shall
apply to such lot or parcel if it contains adequate land area in slopes of less than twenty-five
(25) percent for the location of such structure. For the purposes of this section a
manufactured home shall be deemed a single-family detached dwelling unit. (Amended 10-
17 -01)
c. Accessways, public utility lines and appurtenances, stormwater management facilities, and
any other public facilities necessary to allow the use of the parcel shall not be required to be
located within a building site and shall not be subject to the requirements of this section 4.2.2,
provided that the applicant demonstrates that no reasonable altemative location or aligrunent
exists. The county engineer shall require that protective and restorative measures be installed
and maintained as deemed necessary to insure that the development will be consistent with
the intent of section 4.2 of this chapter. (Added 10-17-01)
(94.2.6,12-10-80; Ord. 01-18(7), 10-17-01)
4.3 TREE CUTTING
a. In districts other than the RA, cutting of trees shall be limited to dead trees and trees of less
than six (6) inches in diameter measured at six (6) inches above ground; except that trees may
be cleared as an incident to the preparation of land for the establishment of some other use
permitted in the district, provided that:
1. Such use is exempt from the provisions of section 32.0 hereof; or
18-4-9
Zoning Supplement #19, 2-6-02
Ll;) -> Goae or vrrglrua /> 1.J.L-LLY1
1. ae,v 1. V1. .J
prev I next
S 15.2-2259. Local planning commission to act on proposed plat.
A. 1. Except as otherwise provided in subdivisions A 2 and A 3, the local planning commission or other
agent shall act on any proposed plat within 60 days after it has been officially submitted for approval by
either approving or disapproving the plat in writing, and giving with the latter specific reasons therefor.
The Commission or agent shall thoroughly review the plat and shall make a good faith effort to identify
all deficiencies, if any, with the initial submission. However, if approval of a feature or features of the
plat by a state agency or public authority authorized by state law is necessary, the commission or agent
shall forward the plat to the appropriate state agency or agencies for review within 10 business days of
receipt of such plat. The state agency shall respond in accord with the requirements set forth in S 15.2-
2222.1, which shall extend the time for action by the local planning commission or other agent, as set
forth in subsection B. Specific reasons for disapproval shall be contained either in a separate document
or on the plat itself. The reasons for disapproval shall identify deficiencies in the plat that cause the
disapproval by reference to specific duly adopted ordinances, regulations, or policies and shall identify
modifications or corrections as will permit approval of the plat. The local planning commission or other
agent shall act on any proposed plat that it has previously disapproved within 45 days after the plat has
been modified, corrected and resubmitted for approval.
2. In localities with a population greater than 90,000 based on the 2000 United States Census, the
approval of plats, site plans, and plans of development solely involving parcels of commercial real estate
by a local planning commission or other agent shall be governed by subdivision A 3 and subsections B,
C, and D. For the purposes of this section, the term "commercial" means all real property used for
commercial or industrial uses.
3. The local planning commission or other agent shall act on any proposed plat, site plan or plan of
development within 60 days after it has been officially submitted for approval by either approving or
disapproving the plat in writing, and giving with the latter specific reasons therefor. The Commission or
agent shall thoroughly review the plat or plan and shall in good faith identify, to the greatest extent
practicable, all deficiencies, if any, with the initial submission. However, if approval of a feature or
features of the plat or plan by a state agency or public authority authorized by state law is necessary, the
commission or agent shall forward the plat or plan to the appropriate state agency or agencies for review
within 10 business days of receipt of such plat or plan. The state agency shall respond in accord with the
requirements set forth in S 15.2-2222.1, which shall extend the time for action by the local planning
commission or other agent, as set forth in subsection B. Specific reasons for disapproval shall be
contained either in a separate document or on the plat or plan itself. The reasons for disapproval shall
identify deficiencies in the plat or plan that caused the disapproval by reference to specific duly adopted
ordinances, regulations, or policies and shall identify, to the greatest extent practicable, modifications or
corrections that will permit approval of the plat or plan.
In the review of a resubmitted proposed plat, site plan or plan of development that has been previously
disapproved, the local planning commission or other agent shall consider only deficiencies it had
identified in its review of the initial submission of the plat or plan that have not been corrected in such
resubmission and any deficiencies that arise as a result of the corrections made to address deficiencies
identified in the initial submission. In the review of the resubmission of a plat or plan, the local planning
commission or other agent shall identify all deficiencies with the proposed plat or plan that caused the
disapproval by reference to specific duly adopted ordinances, regulations or polices and shall identify
modifications or corrections that will permit approval of the piat or plan. Upon the second resubmission
of such disapproved plat or plan, the local planning commission or other agent's review shall be limited
http://legi.state. va. us/cgi-bin/legp504.exe?000+cod+ is .2-2259
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solely to the previously identified deficiencies that caused its disapproval.
The local planning commission or other agent shall act on any proposed plat, site plan or plan of
development that it has previously disapproved within 45 days after the plat or plan has been modified,
corrected and resubmitted for approval. The failure of a local planning commission or other agent to
approve or disapprove a resubmitted plat or plan within the time periods required by this section shall
cause the plat or plan to be deemed approved.
Notwithstanding the approval or deemed approval of any proposed plat, site plan or plan of
development, any deficiency in any proposed plat or plan, that if left uncorrected, would violate local,
state or federal law, regulations, mandatory Department of Transportation engineering and safety
requirements, and other mandatory engineering and safety requirements, shall not be considered, treated
or deemed as having been approved by the local planning commission or other agent. Should any
resubmission include a material revision of infrastructure or physical improvements from the earlier
submission or if a material revision in the resubmission creates a new required review by the Virginia
Department of Transportation or by a state agency or public authority authorized by state law, then the
local planning commission or other agent's review shall not be limited to only the previously identified
deficiencies identified in the prior submittals and may consider deficiencies initially appearing in the
resubmission because of such material revision.
The provisions of this subsection shall not apply to deficiencies caused by changes, errors or omissions
occurring in the applicant's plat, site plan or plan of development filings after the initial submission of
such plat, site plan or plan of development. The provision of this subsection shall not apply to the review
and approval of construction plans.
B. Any state agency or public authority authorized by state law making a review of a plat forwarded to it
under this article, including, without limitation, the Virginia Department of Transportation and
authorities authorized by Chapter 51 (S 15.2-5100 et seq.), shall complete its review within 45 days of
receipt of the plat upon first submission and within 45 days for any proposed plat that has previously
been disapproved, provided, however, that the time periods set forth in S 15.2-2222.1 shall apply to plats
triggering the applicability of said section. The Virginia Department of Transportation and authorities
authorized by Chapter 51 (s 15.2-5100 et seq.) shall allow use of public rights-of-way dedicated for
public street purposes for placement of utilities by permit when practical and shall not unreasonably
deny plat approval. If a state agency or public authority authorized by state law does not approve the
plat, it shall comply with the requirements, and be subject to the restrictions, set forth in subsection A,
with the exception of the time period therein specified. Upon receipt of the approvals from all state
agencies and other agencies, the local agent shall act upon a plat within 35 days.
C. If the commission or other agent fails to approve or disapprove the plat within 60 days after it has
been officially submitted for approval, or within 45 days after it has been officially resubmitted after a
previous disapproval or within 35 days of receipt of any agency response pursuant to subsection B, the
subdivider, after 10-days' written notice to the commission, or agent, may petition the circuit court for
the locality in which the land involved, or the major part thereof, is located, to decide whether the plat
should or should not be approved. The court shall give the petition priority on the civil docket, hear the
matter expeditiously in accordance with the procedures prescribed in Article 2 (s 8.01-644 et seq.) of
Chapter 25 of Title 8.01 and make and enter an order with respect thereto as it deems proper, which may
include directing approval of the plat.
D. If a commission or other agent disapproves a plat and the subdivider contends that the disapproval
was not properly based on the ordinance applicable thereto, or was arbitrary or capricious, he may
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appeal to the circuit court having jurisdiction of such land and the court shall hear and determine the .
case as soon as may be, provided that his appeal is filed with the circuit court within 60 days of the
written disapproval by the commission or other agent.
(Code 1950, SS 15-789, 15-967.10; 1952, c. 333; 1962, c. 407, S 15.1-475; 1964, c. 498; 1975, c. 641;
1977,c.10'; 1978, c. 283; 1979,c.lll; 1980,c. 73; 1986,c.483; 1989,cc.471,495; 1990,c.171;
1992, c. 843; 1993, c. 846; 1996, c. 353; 1997, c. 587; 2003, c. 716; 2007, c. 202; 2008, c. 855.)
prev I next I new search I table of contents I home
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8/4/2008
ALBE~MRLECOUNTYCODE
forth below. Each fee shall be in the form of cash or a check payable to the "County of Albemarle."
1. Plan: $130.
2. Major amendment of plan: $100.
3. Request for exception (section 17-308): $240.
4. Request for development in a stream buffer or for reduction or modification of stream
buffer (section 17-321) and mitigation plan (if not part of another document)
(section 17-322): $70.
5. Each inspection: $60.
(~ 19.3-34,2-11-98; 9 19.1-8,9-29-77, arUI, 9 3, 7-11-90; Code 1988, 99 19.1-8, 19.3-34; Ord. 98-A(1),
8-5-98; Ord. 02-17(1), 7-3-02)
State law reference-Va. Code ~ 10.1-603.10.
Sec. 17-311 Review of certain program authority actions.
Any person who is aggrieved by any action of the program authority because of its disapproval of
a plan submitted pursuant to this article, or in the interpretation of the provisions of this article, shall have
the right to apply for and receive a review of such action by the board of supervisors, as provided herein; .. -.
A. An appeal shall be filed in writing with the clerk of the board of supervisors within thirty
(30) days of the date notice of the action is given by the program authority or, if an exception to the
requirements of this article as provided in section 17-308 is requested and denied, within thirty (30) days of
the date notice of the denial of such exception is given by the board of supervisors. Notice shall be deemed
to be given on the date that it is mailed or is hand delivered.
B. When reviewing the program authority's action, the board of supervisors shall consider
evidence and opinion presented by the aggrieved person, the program authority, and such other persons as
shall be deemed by the board to be necessary for a complete review of the matter. The board may affirm,
reverse or modify the program authority's action. The decision of the board shall be final, subject only to
review by the circuit court as provided in Virginia Code 9 10.1-603.13.
C. For the purposes of this section, the term person aggrieved shall be limited to the owner,
owners of adjacent or down-stream property, and any interested governmental agency or officer thereof.
(2-11-98; Code 1988,9'19.3-35; Ord. 98-A(1), 8-5-98)
DIVISION 2. PLAN REQUIREMENTS: WATER
QUALITY AND WATER QUALITY PROTECTION
Sec. 17-312 Stormwater management facilities and channels.
Stormwater management facilities and modifications to channels required as part of a storm water
managementIBMP plan shall be designed, installed and constructed as provided herein:
A. Stormwater management facilities or modifications to channels shall be constructed in
compliance with all applicable local, state, and federal laws and regulations, including but not limited to the
Federal Clean Water Act, and the State Erosion and Sediment Control Act.
B. Stormwater management facilities shall be designed and constructed in compliance with
the National Flood Insurance Program and section 30.3 of the zoning ordinance.
17-27
Supp. # 17,7-07
ROBERT K. COINER
MAYOR
TOWN OF GORDONSVILLE
Office of the Mayor
bobcoiner@msn.com
209 EAST GORDON AVE
GORDONSVILLE, VIRGINIA 22942
(540) 832-3264
August 3, 2008
Dear Mr. Tucker:
RECRECEJVErr A'fs6"SlIIb-lG
D8t&: Date: 't . ~ '0 1 __.._ _.~ _
Age~.tem,: &.:f:N;L - crn~ - f()blic...
Clerk'Cerk't,fnltIaIs=- '111 '-I?-1f."
..
Mr. Robert W. Tucker Jr.
County Executive, Albemarle County
Gordonsville is located in a unique, three county location, with Albemarle being immediately to
our west and Louisa to our south. Over the past few years, out-of-county patrons of the Gordonsville
Branch Library have increased dramatically. This is something we are pleased about, as our Albemarle
neighbors shopping in and visiting Gordonsville are an important part of our economy. They are also our
friends and neighbors, and, invisible borders aside, many of them think of themselves as living in
Gordonsville, and so do we.
We are in the process of raising $300,000 to build a new library in Gordonsville. This amount is
the difference Gordonsville must raise in order to build the larger oftwo proposed versions of the library.
This larger version ($1.1 million) will accommodate more resources and the latest technology, as well as
anticipated growth for the foreseeable future. The smaller version ($800 thousand) is only marginally better
than the one we currently have. If you have seen or visited our current library, you know that when
someone enters, the folks checking out books have to move over to let the person in. There is just over 900
square feet of space, with no public bathrooms, 1 computer and most of the books are not on site.
Total checkouts and renewals from non-residents for the past year were 17231. Checkouts and
renewals for residents were 22,014. Non-residents represented 44% of the library activity, and those are
just the ones that have been identified as non-residents. Since everyone within ten miles of Gordonsville
has a Gordonsville address, most non-residents are assumed to be residents until we find out otherwise.
We have raised $89,000 toward our goal. The Town of Gordonsville voted last week to donate
$20,000 from our reserves toward this effort. In asking Albemarle to consider donating to this cause, please
consider that this will allow Albemarle County citizens in the eastern section of the county to use a library
on a daily basis that has all of the space and modem advantages that the other Albemarle County Libraries
enjoy. Also, this is a one shot expense. Orange County will, of course, fund operations for this library.
This is a wonderful opportunity to leverage limited funds and receive such a wonderful facility for
your citizens in the eastern end of the county. The only chance we will have to build this b' . g the right
way is before us, please consider a generous contribution.
Sincerely,
l3o-? ~
fl:
TA,,'n r\f'~"rrt{"'\nC'"ilL::. P n QAV 'J'7h ~r\rr1f"\nc\.lillp. 'f A '1,.,011'1
Statistics provided bv the Library
I realized when a patron came in earlier this week that not all non-residents ate listed.
Some folks forget that a Gordonsville address does not necessarily mean Orange County resident.
Here are the stats for the previous year July 31,2007 to July 31,2008:
Checkouts Renewals Total
Adult Non-Resident 9,853 1,664 11,517
Adult Resident 12,449 2,119 14,568
Juvenile Non-Resident 4,895 819 5,714
Juvenile Resident 6,094 1,352 7,446
17,231
44% Non-Resident
22,014
56% Resident
39,245 100%
Points to Consider
Not asking for Funding - which could be interpreted as an obligation of sorts
This would not be a precedent for future requests - Orange County will be operating and funding the library
This would be a contribution to the building fund that will enable the Gordonsville Library to be as modern and
spacious for the Albemarle citizens in the eastern end of Albemarle County as the other Albemarle libraries are.
The Town of Gordansville, with a very small budget (and no obligation to fund County Libraries), last week voted to
donate $20,000. This was not in our budget. We voted to use our reserves to enable a more capable library to be
built for area citizens for the next 50 plus years. Gordonsville citizens using the library make up less than 25% of the
users of the library (this is estimated -no stats- it could be as low as 10-15%)
During the life of this Library, Gordonsville could possibly expand into Albemarle County, and would then be an
incorporated Albemarle town, so this could conceivably become an Albemarle library serving Albemarle citizens-
but, regardless, it is serving Albemarle citizens now. (We are now in boundary adjustment talks with Orange County)
This is our only chance to build it right - and for a relatively small, one time investment. The smaller version will be
inadequate the day it opens. If we can't raise another hundred thousand or two now, how would we be able to raise
upwards of a million in the future to do an expansion? The answer - the final form this library will take will be what is
built now, and we will all live with that decision for the next 50 plus years.
The library is already serving a large number of Albemarle County citizens - but not very well.
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Memorandum
DATE:
Members, Board of Supervisors
Ella W. Jordan, CM~V
\.,/
July 31, 2008
TO:
FROM:
SUBJECT: Reading List for August 6,2008
January 23, 2008
Mr. Boyd
May 14, 2008
Ms. Mallek
NOTE: Please remember to pull your minutes at the meeting, if they are not read.
Thanks.
/ewj
COUNTY OF ALBEMARLE
APPROPRIATION
APP#
DATE
BATCH#
2009005
EXPLANATION:
Allocate Total Rewards funds to departments
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT
1 1000 12010 282040 County Executive J 1 280.00
1 1000 12010 282041 Countywide Total Rewards J 1 1,199.00
1 1000 12030 282040 Human Resources J 1 160.00
1 1000 12040 282040 County Attorney J 1 440.00
1 1000 12141 282040 Finance J 1 1,070.00
1 1000 12200 282040 Information Technology J 1 1,265.00
1 1000 13020 282040 Voter Registration & Elections J 1 112.00
1 1000 21060 282040 Clerk of the Circuit Court J 1 220.00
1 1000 21070 282040 Sheriff J 1 1,265.00
1 1000 22010 282040 Commonwealth's Attorney J 1 495.00
1 1000 31013 282040 Police J 1 8,333.00
1 1000 32011 282040 Fire/Rescue J 1 1,600.00
1 1000 41110 282040 Facilities Development J 1 160.00
1 1000 43001 282040 General Services J 1 610.00
1 1000 53011 282040 Social Services J 1 5,346.00
1 1000 71011 282040 Parks & Recreation J 1 380.00
1 1000 81021 282040 Community Development J 1 1,680.00
1 1000 81030 282040 Housing J 1 385.00
1 1000 95000 282040 Total Rewards Reserve J 1 (25,000.00)
.
TOTAL 0.00 0.00 0.00
PREPARED BY:
BD. OF SUPV APPROVAL:
ACCl. APPROVAL:
ENTERED BY:
Laura Vinzant
Ella W. Jordan
DATE:
DATE:
DATE:
DATE:
6/30/2008
8/6/2008
COUNTY OF ALBEMARLE
APPROPRIATION
APP#
DATE
BATCH#
2009006
EXPLANATION:
Transfer of Appropriation for additional motor vehicles from General Fund to
Motor Vehicle Replacement Fund
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT
1 1000 31013 800500 Police J 1 (46,000.00)
1 9200 31013 800500 Police J 1 46,000.00
1 1000 93010 939999 Transfer to Other Funds J 1 46,000.00
2 9200 51000 512004 Transfer from G/F J 2 46,000.00
9200 0501 Est. Revenue 46,000.00
0701 Appropriation 46,000.00
TOTAL 92,000.00 46,000.00 46,000.00
PREPARED BY:
BD. OF SUPV APPROVAL:
ACCT. APPROVAL:
ENTERED BY:
Brenda Neitz
Ella W. Jordan
DATE:
DATE:
DATE:
DATE:
7/11/2008
8/6/2008
COUNTY OF ALBEMARLE
APPROPRIATION
APP#
DATE
BATCH#
2009007
EXPLANATION:
Transfer of appropriation for a Teen Parenting program to CHP
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT
1 1000 89000 566300 MACAA J 1 28,395.00
1 1000 59000 999999 ContinQencv Funds J 1 (28,395.00)
TOTAL 0.00 0.00 0.00
PREPARED BY:
BD. OF SUPV APPROVAL:
ACCT. APPROVAL:
ENTERED BY:
Laura Vinzant
Ella W. Jordan
DATE:
DATE:
DATE:
DATE:
7/17/2007
8/6/2008
COUNTY OF ALBEMARLE
APPROPRIATION
APP#
DATE
BATCH#
2009008
DCJS Grant - Crime Analysis Improvement Project
EXPLANATION:
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT
2 1526 33000 330001 Grant Revenue - Federal J 2 3,105.00
2 1526 51000 512004 Transfer from General Fund J 2 1,035.00
1 1526 31013 800100 Machinery & Equipment J 1 4,140.00
1 1000 31013 800100 Police - Mach. & Equipment J 1 (1,035.00)
1 1000 31013 930210 Police - Trs. To Misc. Grants J 1 1,035.00
1526 0501 Est. Revenue 4,140.00
0701 Appropriation 4,140.00
TOTAL 8,280.00 4,140.00 4,140.00
PREPARED BY:
BD. OF SUPV APPROVAL:
ACCT. APPROVAL:
ENTERED BY:
Brenda Neitz
Ella W. Jordan
DATE:
DATE:
DATE:
DATE:
7/22/2008
8/6/2008
COUNTY OF ALBEMARLE
APPROPRIA liON
APP#
DATE
BATCH#
2009009
EXPLANATION:
Education Donations and Grants
School Board Meetings: 06/26/2008 and 07/10/2008
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT
2 2000 18100 181109 DONATION J 2 750.00
2 3380 18100 181080 DONATIONS J 2 1.000.00
2 3380 33000 330080 THE COMMUNITY PUBLIC CHJ J 2 411,755.00
2 9000 51000 510100 APPROP - FIB J 2 29.634.00
2 9002 51000 510100 APPROP - FIB J 2 8.450.00
1 2203 61102 601300 EDIREC SUPPLIES J 1 250.00
1 2302 61105 800100 ATHLETIC-EQUIP/NEW J 1 500.00
1 3380 61101 132100 PT/WAGES-TEACHER J 1 929.00
1 3380 61101 210000 FICA J 1 71.00
1 3380 61101 580500 STAFF DEVELOPMENT J 1 70.308.00
1 3380 61101 601300 MATERIALS J 1 125,630.00
1 3380 61101 800100 MACHINERY-EQUIPMENT J 1 50,260.00
1 3380 61101 800200 FURNITURE/FIXTURES J 1 36,257.00
1 3380 61101 800700 DATA PROCESSING EQUIPME J 1 126,800.00
1 3380 61101 800710 DATA PROCESSING SOFTWA J 1 2,500.00
1 9000 62420 950241 RED HILL PERFORMANCE AR J 1 29,634.00
1 9002 60302 950245 WAHS TURF FIELD PROGRAM J 1 8.450.00
2000 0501 Est. Revenue 750.00
0701 Appropriation 750.00
3380 0501 Est. Revenue 412,755.00
0701 Appropriation 412.755.00
9000 0501 Est. Revenue 29.634.00
0701 Appropriation 29,634.00
9002 0501 Est. Revenue 8,450.00
0701 Appropriation 8,450.00
TOTAL 903,178.00 451,589.00 451,589.00
PREPARED BY:
BD. OF SUPV APPROVAL:
ACCT. APPROVAL:
ENTERED BY:
Brenda Neitz
Ella W. Jordan
DATE:
DATE:
DATE:
DATE:
7/23/2008
8/6/2008
COUNTY OF ALBEMARLE
APPROPRIATION
APP#
DATE
BATCH#
2009010
CCF Initial Appropriation
EXPLANATION:
SUB LEDGER . GENERAL LEDGER
TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT
1 4400 54101 110000 SALARIES-REGULAR J 1 167,203.00
1 4400 54101 210000 FICA J 1 12,299.00
1 4400 54101 221000 VIRGINIA RETIREMENT SYS. J 1 21,592.00
1 4400 54101 231000 HEALTH INSURANCE J 1 21,095.00
1 4400 54101 232000 DENTAL INSURANCE J 1 833.00
1 4400 54101 241000 VRS GROUP LIFE INSURANCE J 1 1,738.00
1 4400 54101 270000 WORKER'S COMPENSATION J 1 225.00
1 4400 54101 310000 PROFESSIONAL SERVICES J 1 3,500.00
1 4400 54101 312710 COMPUTER SUPPORT J 1 5,171.00
1 4400 54101 320000 TEMP. HELP SERVICE FEES J 1 500.00
1 4400 54101 350000 PRINT & BIND-EXTERNAL J 1 6,000.00
1 4400 54101 360000 ADVERTISING J 1 800.00
1 4400 54101 520100 POSTAL SERVICES J 1 1,000.00
1 4400 54101 520300 TELECOMMUNICATIONS J 1 660.00
1 4400 54101 540000 LEASES AND RENTALS J 1 32,154.00
1 4400 54101 550100 TRAVEUTRAINING/EDUCATIO J 1 1,503.00
1 4400 54101 550600 TRAVEL-SUBSISTENCE J 1 300.00
1 4400 54101 580100 DUES & MEMBERSHIPS J 1 100.00
1 4400 54101 600100 OFFICE SUPPLIES J 1 4,000.00
1 4400 54101 600200 FOOD SUPPLIES J 1 1,500.00
1 4400 54101 601200 BOOKS & SUBSCRIPTIONS J 1 100.00
1 4400 54101 601300 EDUC. & RECREATION SUP. J 1 500.00
1 4400 54101 800710 DATA PROCESSING SOFTWAF J 1 500.00
1 4400 54102 301200 CONTRACT SERVICES-OTHER J 1 457,936.00
1 4400 54103 11 0000 SALARIES-REGULAR J 1 67,663.00
1 4400 54103 210000 FICA J 1 4,977.00
1 4400 54103 221000 VIRGINIA RETIREMENT SYS. J 1 8,757.00
1 4400 54103 231000 HEALTH INSURANCE J 1 9,040.00
1 4400 54103 232000 DENTAL INSURANCE J 1 357.00
1 4400 54103 241000 VRS GROUP LIFE INSURANCE J 1 735.00
1 4400 54103 270000 WORKER'S COMPENSATION J 1 92.00
1 4400 54103 312710 COMPUTER SUPPORT J 1 2,216.00
1 4400 54103 332120 SOFTWARE SUPPORT J 1 0.00
1 4400 54103 350000 PRINT & BIND-EXTERNAL J 1 600.00
1 4400 54103 520100 POSTAL SERVICES J 1 500.00
1 4400 54103 520300 TELECOMMUNICATIONS J 1 180.00
1 4400 54103 540000 LEASES AND RENTALS J 1 8,769.00
1 4400 54103 550100 TRAVEUTRAINING/EDUCATIO J 1 652.00
1 4400 54103 600100 OFFICE SUPPLIES J 1 800.00
1 4400 54104 301200 CONTRACT SERVICES-OTHER J 1 5,145.00
1 4400 54105 11 0000 SALARIES-REGULAR J 1 60,893.00
1 4400 54105 210000 FICA J 1 4,411.00
1 4400 54105 221000 VIRGINIA RETIREMENT SYS. J 1 14,961.00
1 4400 54105 231000 HEALTH INSURANCE J 1 5,844.00
1 4400 54105 241000 VRS GROUP LIFE INSURANCE J 1 499.00
1 4400 54105 270000 WORKER'S COMPENSATION J 1 55.00
1 4400 54105 301200 CONTRACT SERVICES-OTHER J 1 200.00
1 4400 54105 312710 COMPUTER SUPPORT J 1 1,476.00
1 4400 54105 350000 PRINT & BIND-EXTERNAL J 1 400.00
1 4400 54105 520100 POSTAL SERVICES J 1 200.00
1 4400 54105 520300 TELECOMMUNICATIONS J 1 180.00
1 4400 54105 530000 INSURANCE J 1 590.00
1 4400 54105 540000 LEASES AND RENTALS J 1 8,769.00
1 4400 54105 550100 TRAVEUTRAINING/EDUCATIOI J 1 1,100.00
1 4400 54105 550600 TRAVEL-SUBSISTENCE J 1 200.00
1 4400 54105 600100 OFFICE SUPPLIES J 1 455.00
1 4400 54105 600200 FOOD SUPPLIES J 1 100.00
2 4400 16000 160502 CITY OF CHARLOTTESVILLE J 2 305,562.00
2 4400 16000 160503 COUNTY OF ALBEMARLE J 2 250,292.00
2 4400 18000 181315 REGION TEN J 2 29,192.00
2 4400 18000 189900 MISC REVENUES J 2 7,400.00
2 4400 24000 240000 STATE CATEGORICAL AID J 2 64,107.00
2 4400 24000 240500 GRANT REVENUE-STATE J 2 295,472.00
4400 0501 Est. Revenue 952,025.00
0701 Appropriation 952,025.00
TOTAL 1,904,050.00 952,025.00 952,025.00
PREPARED BY:
BD. OF SUPV APPROVAL:
ACCT. APPROVAL:
ENTERED BY:
Brenda Neitz
Ella W. Jordan
DATE:
DATE:
DATE:
DATE:
7/22/2008
8/6/2008
COUNTY OF ALBEMARLE
APPROPRIATION
APP#
DATE
BATCH#
2009011
EXPLANATION:
OAR Crisis Intervention Team Grant
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT
2 1519 33000 330400 Revenue - Federal (DCJS) J 2 124,349.00
2 1519 18110 181310 Community Criminal Justice Boar J 2 25,000.00
2 1519 18110 181313 Albemarle County Police Departr J 2 2,500.00
2 1519 18110 181314 Albemarle-Charlottesville Region J 2 2,500.00
2 1519 18110 181315 Region Ten J 2 2,500.00
2 1519 18110 181316 Charlottesville City Police Depart J 2 2,500.00
2 1519 18110 181317 UVA Police Department J 2 2,500.00
2 1519 18110 181109 Miscellaneous Contributions J 2 950.00
2 1519 18110 181321 Central VA Regional Jail J 2 2,500.00
2 1519 18110 181322 Blue Ridge Alliance for Mentally I J 2 500.00
1 1519 29412 566122 Community Criminal Justice Boar J 1 165,799.00
1519 0501 Est. Revenue 165,799.00
0701 Appropriation 165,799.00
TOTAL 331,598.00 165,799.00 165,799.00
PREPARED BY:
BD. OF SUPV APPROVAL:
ACCT. APPROVAL:
ENTERED BY:
Brenda Neitz
Ella W. Jordan
DATE:
DATE:
DATE:
DATE:
7/23/2008
8/6/2008
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Requested FY 2009 Appropriations
AGENDA DATE:
August 6, 2008
SUBJECT/PROPOSAL/REQUEST:
Approval of Appropriations #2009005, #2009006,
#2009007,#2009008,#2009009,#2009010, and
#2009011 for various general government and
school programs and projects
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, and Wiggans
LEGAL REVIEW: Yes
BACKGROUND:
The Code of Virginia 9 15.2-2507 stipulates that any locality may amend its budget to adjust the aggregate amount to be
appropriated during the fiscal year as shown in the currently adopted budget. However, any such amendment which
exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by first
publishing a notice of a meeting and holding a public hearing before amending the budget. The Code section applies to all
County funds, i.e., General Fund, Capital Funds, E911, School Self-Sustaining, etc.
The total of these requested FY 2009 appropriations is $1 ,532,518.00. A budget amendment public hearing is not required
because the cumulative appropriations will not exceed one percent of the currently adopted budget.
STRATEGIC PLAN:
Goal 5: Develop a comprehensive funding strategy/plan to address the County's growing needs
DISCUSSION:
This request involves the approval of seven (7) new FY 2009 appropriations as follows:
. One (1) appropriation (#2009005) distributing the $25,000.00 budgeted in the Total Rewards contingency to
General Government departments;
. One (1) appropriation (#2009006) transferring $46,000.00 for additional motor vehicles from the General Fund to
the Motor Vehicle Replacement Fund;
. One (1) appropriation (#2009007) allocating $28,395.00 from the budgeted contingency for the Teen Pregnancy
Program to MACAA ;
. One (1) appropriation (#2009008) totaling $4,140.00 for a Crime Analysis Improvement Grant for the Police
Department,
. One (1) appropriation (#2009009) totaling $451,589.00 for Education donation donations and grants;
. One (1) appropriation (#2009010) establishing the FY2009 budget for the Commission on Children and Families in
the amount of $952,025.00; and
. One (1) appropriation (#2009011) totaling $165,799.00 for the OAR Crisis Intervention Team grant.
RECOMMENDATIONS:
Staff recommends approval of the FY 2009 Appropriations #2009005, #2009006, #2009007, #2009008, #2009009,
#2009010, and #2009011.
ATTACHMENTS
Attachment A
Attachment A
Appropriation #2009005
$ 25.000.00
Revenue Source:
Total Rewards Reserve
$ 25,000.00
During the FY09 budget process, amounts budgeted for the Total Rewards Program were removed from each
County Department's operating budget, reduced, and placed into a Total Rewards Reserve pending
determination of the allocation. The Budget Office has prepared the allocation and this appropriation will
reallocate $25,000.00 from the Total Rewards Reserve to the various departments based on that allocation.
There will be no impact on the total County budget as a result of this appropriation.
Appropriation #2009006
$ 46.000.00
Revenue Source:
Transfer from General Fund
$ 46,000.00
The Police Department had funds appropriated in their operating budget for the purchase of two additional
vehicles that were a result of their approved FY09 initiative. To streamline and simplify the purchasing process,
this appropriation will transfer these funds from the General Fund to the Motor Vehicle Replacement Fund.
There will be no impact on the total County budget as a result of this appropriation.
Appropriation #2009007
$ 28.395.00
Revenue Source:
Teen Pregnancy Contingency $ 28,395.00
During the FY09 budget development process, the Board approved $28,395.00 to meet the community need for
childcare and parenting support for pregnant teens. The County, along with the City of Charlottesville and
United Way, issued a Request for Proposals to solicit proposals for a program that would incorporate specific
best practices to implement a program designed to produce the following outcomes: 1) pregnant and parenting
teens remain in school and graduate from high school, 2) parenting teens avoid subsequent pregnancies, and
3) Parenting teens provide appropriate and nurturing care for their children. A subgroup of the Agency Budget
Review Team met to review the applications and recommended awarding the $28,395.00 to Jefferson Area
CHIP (MACAA). There will be no impact on the total County budget as a result of this appropriation.
Appropriation #2009008
$ 4.140.00
Revenue Source:
State Revenue
Transfer from General Fund
$ 3,105.00
1,035.00
The Department of Criminal Justice Services (DCJS) has awarded the Police Department a grant in the amount
of $3,105.00 with a local match of $1 ,035.00, for a total of $4,140.00. These funds will be used to purchase two
high resolution digital cameras for evidence collection. These cameras will improve crime scene processing,
evidence collection, and evidence display for court. The $1,035.00 local match will be provided from existing
funds appropriated in the Police Department's operating budget. This appropriation will increase the total
County budget $3,105.00.
Appropriation #2009009
$ 411.589.00
Revenue Source:
Local Revenue
Federal Revenue
CIP Fund Balance
$ 1,750.00
411,755.00
38,084.00
At its meetings on June 26, 2008 and July 10, 2008, the School Board approved the following
appropriations:
Western Albemarle High School received a donation in the amount of $8,450.00 from various donors. The
following is a list of donors with amounts: American Press, L.L.C. donated $1,000.00, T.EAL. Construction,
L.L.C. donated $1,000.00; Macfarlane Homes, Inc. donated $1,000.00; Robert W. Mosologo/Elizabeth A.
Mosolgo-Clark donated $25.00; W.R. Martin, Jr. and K.A. Martin donated $50.00; Karen E. Poos donated
$50.00; Barbara D. Brannock donated $50.00; Jeffrey G. Mangum donated $50.00; Berta M. Gomez
donated $50.00; Maureen O'Shea donated $50.00; Barbara A. Kellum donated $50.00; Christine T.
Romness donated $50.00; Diane K. Gaspa donated $50.00; Donna S. Via donated $30.00; Seonhee Cheon
donated $25.00; Winslow Savage donated $25.00; Kiyoko Asao-Ragosta donated $20.00; Suzanne De
Janasz donated $20.00; Dr. Yunge Zhao donated $20.00; Mary Beth Yeaton donated $20.00; Dorie McHugh
donated $15.00; Mark C. Greenfield donated 10.00; Susan E. Williams donated $10.00; Nicholas Bradley
Lynn donated $1,000.00; Virginia Retina Consultants PLC donated $500.00; T. Walker Consulting LLC
donated $100.00; Candace C. Maupin donated $25.00; Charles Y. Sipe donated $1,000.00; William
Sukovich donated $500.00; Susan H. McConnell donated $100.00; Dale R. Parrott donated $100.00;
Katherine G. Morris donated $100.00; Barbara S. Peters donated $100.00; Lisa S. Abernethy donated
$100.00; Charles S. Pettygrove donated $500.00; Inger M. Pettygrove donated $500.00; TJL Environmental
Health Consultants, Inc. donated $50.00; John H. Bushweller donated $25.00; Steven W. Howard donated
$20.00; Pamela Grammer donated $35.00; and Daniel M. Dimaria donated $25.00. These donors have
requested that their contributions be used for the Western Albemarle High School Synthetic Turf Program.
These funds were received in FY08 and are being appropriated for FY09.
Red Hill Elementary School received a donation in the amount of $29,634.00 from the Red Hill PTO. The
donors have requested that this contribution be used help offset the expenses of building an amphitheater
for performances at Red Hill Elementary School. These funds were received in FY08 and are being
appropriated for FY09.
Western Albemarle High School received a donation in the amount of $500.00 from James and Elizabeth
Mandell. The donors have requested that their contribution be used in the athletic department at Western
Albemarle High School.
The Community Public Charter School Grant (CPCS) is an alternative middle school based upon an arts
infused curriculum. Currently, 20 rising sixth-grade students have completed applications with a target of 36
sixth-grade students to begin the first year. The staffing process will begin within the next few weeks and
will follow ACPS protocols. The program will be housed at Burley Middle School. The mission of the CPCS
is to provide an alternative and innovative learning environment, using the arts, to help children in the grades
six through eight learn in ways that match their learning styles (Le. developing the whole child-intellectually,
emotionally, physically and socially). Seeking to serve students who have not succeeded in school, the
program will close their achievement gap by offering a balance of literacy tutorials and the arts-infused
curriculum. The term of the Charter shall be for a three-year period (July 12, 2007 - July 11, 2010).
Crozet Elementary School received a donation in the amount of $250.00 from Michael and Mary Dunn. The
donors have requested that this contribution be used in the special education program at Crozet Elementary
School.
Appropriation #2009010
$ 952.025.00
Revenue Source:
Local Revenue
State Revenue
$ 592,446.00
359,579.00
The County of Albemarle is fiscal agent for the Commission on Children and Families. This request will
appropriate the Commission on Children and Families' FY09 operating budget.
Appropriation #2009011
$ 165.799.00
Revenue Source:
Local Revenue
State Revenue
$ 41,450.00
124,349.00
The Department of Criminal Justice Services (DCJS) has awarded the Offender Aid and Restoration/Jefferson
Area Community Corrections a continuation grant in the amount of $124,349.00 with a local match of
$41,450.00, for a total award of $165,799.00. This grant will assist in the training and education of police
officers to improve their understanding and interactions with citizens having a mental illness including signs and
symptoms. Albemarle County will serve as fiscal agent for this grant. Local match monies will be provided by
several local agencies and boards.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Ordinance Amendment - Chapter 4, Animals and
Fowl- Article I, In General; and Article III, Licenses
AGENDA DATE:
August6,2008
ACTION:
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Set a public hearing to consider a proposed
ordinance to update the definitions and dog license
provisions of the animal ordinance to conform to
Virginia Code and to increase the dog license tax.
CONSENT AGENDA:
ACTION: X
INFORMATION:
ATTACHMENTS: Yes
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Wiggans, and Correa;
and Ms. Lyttle.
REVIEWED BY:
LEGAL REVIEW: Yes
BACKGROUND:
The 2008 General Assembly amended the Virginia Code provisions relating to local animal laws and dog licenses to
become effective on October 1, 2008. Title 3.2 will replace the current provisions of Title 3.1. The Finance Department
desires to update the County Code provisions relating to dog licenses and increase the dog license tax effective for
calendar year 2009.
The County has required dog owners that reside in the County and kennel operators in the County to obtain an annual
dog license for at least the past forty years. The current dog license tax for a dog owner is five dollars for an unspayed
and unneutered dog and three dollars for a spayed and neutered dog. The current dog license tax for a kennel is
fifteen dollars for up to twenty dogs and twenty-five dollars for up to fifty dogs. The County's dog license tax was last
increased on February 13, 1985, and the previous increase was on December 20, 1973. Virginia Code 9 3.1-796.87 (9
3.2-6528) authorizes localities to establish a dog license tax not to exceed ten dollars per dog, and a kennel license tax
for kennels of ten, twenty, thirty, forty or fifty dogs not to exceed fifty dollars for anyone such block of kennels.
STRATEGIC PLAN:
Goal 5: Fund the County's Future Needs
Objective 5.1: Develop a comprehensive funding strategy/plan to address the County's growing needs.
DISCUSSION:
The attached draft ordinance (Attachment A) reorganizes and updates the County Code dog license provisions to
conform to Virginia Code provisions and to mirror the language of the Virginia Code. In addition, the draft ordinance
proposes to:
. Include the addition of definitions for "hearing dog," "releasing agency," "service dog" and "kennel" that mirror
the Virginia Code definitions, with "Kennel" defined as an establishment with five or more canines, felines or
hybrids of either which are kept for the purposes of breeding, hunting, training, renting, buying, boarding, selling
or showing;
. Add the Virginia Code 9 3.1-796.87:1 (9 3.2-6529) requirement for veterinarians to provide the County Finance
Director rabies certificate information forty-five days after vaccinating a dog;
. Include two and three year dog license options in addition to the one year license, allowing dog owners to
purchase a dog license which runs concurrently with the rabies vaccination, thereby reducing the number of
renewals authorized by Virginia Code 9 3.1-796.88 (9 3.2-6530(B));
. Increase the 1) penalty for making a false statement in order to secure a dog license to which he is not entitled
from between $5.00 and $100.00 and 2) the penalty for failure to pay the dog license tax by February 1 from
$10.00 to a penalty punishable as a class 4 misdemeanor with a fine of up to $250.00 authorized by Virginia
Code 9 3.1-796.128(A) (93.2-6587(A)).
AGENDA TITLE: Ordinance Amendment - Chapter 4, Animals and Fowl - Article I, In General; and Article III,
Licenses
August6,2008
Page 2
· Increase the dog license tax from $3.00 to $5.00 for spayed and neutered dogs, from $5.00 to $10.00 for
unspayed and unneutered dogs, and eliminate the two types of kennel licenses, establishing one kennel license
of $50.00 for up to ten dogs authorized by Virginia Code 9 3.1-796.87 (9 3.2-6528). Additional kennel licenses
may be purchased if an owner has more than ten dogs. Other localities with similar kennel tag license
provisions include Culpeper County, Augusta County, Page County and Rockingham County.
The draft ordinance is recommended to become effective on November 1, 2008 to correlate with the date the County's
2009 dog licenses become available for purchase.
BUDGET IMPACT:
The unfunded legislative mandate enacted by the General Assembly in 2007 requiring veterinarians to report
vaccinations monthly to localities required the reassignment of one full-time County employee devoted exclusively to
the administration of dog licensing. In addition, the initial cost of enforcement under that new law was approximately
$3,000 and the estimated recurring annual expense is $1,200.
The dog license tax revenue in 2007 totaled $11,630 for the sale of 3,022 tags. It is estimated that the 2009 revenue
will be $24,793 at the current dog license fee rates based on historical sales and responses to violation notices to date
(generated as a result of the monthly vaccination reports). The estimated 2009 revenue increases $18,627 to $43,420
if the Board adopts the proposed dog license fee amendment.
To provide the option to purchase two and three year licenses will require 28 hours of programming to modify the
Finance software.
RECOMMENDATIONS:
Staff recommends that the Board set the attached ordinance for public hearing on September 3,2008.
ATTACHMENTS
A - Draft Ordinance
Draft: July 23,2008
ORDINANCE NO. 08-4(2)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 4, ANIMALS AND FOWL, OF THE CODE
OF THE COUNTY OF ALBEMARLE, VIRGINIA BY AMENDING ARTICLE I, IN GENERAL, AND
ARTICLE III, LICENSES.
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4,
Animals and Fowl, is hereby amended and reordained by amending Article I, In General, and Article III,
Licenses, as follows:
By Amending:
Sec. 4-100
Sec. 4-300
Sec. 4-301
Sec. 4-302
Sec. 4-309
Definitions
Required
Procedure for obtaining licenses
Evidence of rabies vaccination prerequisite to issuance of license
Display of receipts
By Amending and Renumbering:
Sec. 4-303 Amount oflicense tax
Sec. 4-304 When license tax payable
Sec. 4-305 Payment of license tax subsequent to summons
By Adding:
Sec. 4-303
By Repealing:
Sec. 4-306
Sec. 4-308
Sec. 4-311
Sec. 4-312
Sec. 4-313
Sec. 4-315
Sec. 4-316
Sec. 4-317
Veterinarians to provide treasurer with rabies certificate information; civil penalty
Term
License to consist of receipt and metal tag
License tags--Contents
License tags--Collar and tag to be worn by dog; exceptions
License tags--Duplicates
Penalties for violation of sections 4-312 and 4-314
False statements
Penalty for failure to obtain license
CHAPTER 4. ANIMALS AND FOWL
ARTICLE I. IN GENERAL
Sec. 4-100 Definitions.
The following words as used in this chapter shall have the following meanings:
(1) Abandon. The term "abandon" means to desert, forsake, or absolutely give up an animal without
having secured another owner or custodian for the animal or by failing to provide the elements of basic care as
set forth in Virginia Code ~ 3.1 796.68 & 3.2-6503 for a period of five consecutive days.
(2) Adequate care or care. The term "adequate care" or "care" means the responsible practice of good
animal husbandry, handling, production, management, confinement, feeding, watering, protection, shelter,
transportation, treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and
type of the animal and the provision of veterinary care when needed to prevent suffering or impairment of
health.
(3) Adequate exercise. The term "adequate exercise" or "exercise" means the opportunity for the
animal to move sufficiently to maintain normal muscle tone and mass for the age, species, size, and condition
of the animal.
(4) Adequate feed. The term "adequate feed" means access to and the provision of food which is of
sufficient quantity and nutritive value to maintain each animal in good health; is accessible to each animal; is
prepared so as to permit ease of consumption for the age, species, condition, size and type of each animal; IS
1
Draft: July 23, 2008
provided in a clean and sanitary manner; is placed so as to minimize contamination by excrement and pests;
and is provided at suitable intervals for the species, age, and condition of the animal, but at least once daily,
except as prescribed by a veterinarian or as dictated by naturally occurring states of hibernation or fasting
normal for the species.
(5) Adequate shelter. The term "adequate shelter" means provision of and access to shelter that is
suitable for the species, age, condition, size, and type of each animal; provides adequate space for each
animal; is safe and protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse effects
of heat or cold, physical suffering, and impairment of health; is properly lighted; is properly cleaned; enables
each animal to be clean and dry, except when detrimental to the species; and, for dogs and cats, provides a
solid surface, resting platform, pad, floormat, or similar device that is large enough for the animal to lie on in a
normal manner and can be maintained in a sanitary manner. Under this chapter, shelters whose wire, grid, or
slat floors (i) permit the animals' feet to pass through the openings, (ii) sag under the animals' weight, or (iii)
otherwise do not protect the animals' feet or toes from injury are not adequate shelter.
(6) Adequate space. The term "adequate space" means sufficient space to allow each animal to (i)
easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position
for the animal and (ii) interact safely with other animals in the enclosure. When an animal is tethered,
"adequate space" means a tether that permits the above actions and is appropriate to the age and size of the
animal; is attached to the animal by a properly applied collar, halter, or harness configured so as to protect the
animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or
from extending over an object or edge that could result in the strangulation or injury of the animal; and is at
least three times the length of the animal, as measured from the tip of its nose to the base of its tail, except
when the animal is being walked on a leash or is attached by a tether to a lead line. When freedom of
movement would endanger the animal, temporarily and appropriately restricting movement of the animal
according to professionally accepted standards for the species is considered provision of adequate space.
(7) Adequate water. The term "adequate water" means provision of and access to clean, fresh, potable
water of a drinkable temperature which is provided in a suitable manner, in sufficient volume, and at suitable
intervals, but at least once every twelve hours, to maintain normal hydration for the age, species, condition,
size and type of each animal, except as prescribed by a veterinarian or as dictated by naturally occurring states
of hibernation or fasting normal for the species; and is provided in clean, durable receptacles which are
accessible to each animal and are placed so as to minimize contamination of the water by excrement and pests
or an alternative source of hydration consistent with generally accepted husbandry practices.
(8) Adoption. The term "adoption" means the transfer of ownership of a dog or cat from a releasing
agency to an individual.
(9) Agricultural animals. The term "agricultural animals" means all livestock and poultry.
(10) Ambient temperature. The term "ambient temperature" means the temperature surrounding the
animal.
(11) Animal. The term "animal" means any domestic animal, including both agricultural and
companion animals, if not specified otherwise. For the purposes of article IV, "animal" means any species
susceptible to rabies.
Lillfl-31 Animal control officer. The term "animal control officer" means any person employed,
contracted, or appointed by the Commonwealth or any political subdivision for the purpose of aiding in the
enforcement of any other law or ordinance relating to the licensing of dogs, control of dogs and cats, cruelty to
animals, or seizure and impoundment of companion animals and includes any state or county police officer,
animal control officer, sheriff or other employee whose duties in whole or in part include assignments which
involve seizure or taking into custody of any dog or other animal.
ill1~ Animal shelter. The term "animal shelter" means a facility which is used to house or contain
animals and which is owned, operated, or maintained by a duly incorporated humane society, animal welfare
society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare,
protection, and humane treatment of animals.
2
Draft: July 23, 2008
(14) Boarding establishment. The term "boarding establishment" means a place or establishment
other than a pound or animal shelter where companion animals not owned by the proprietor are sheltered, fed,
and watered in exchange for a fee.
(15) Collar. The term "collar" means a well-fitted device, appropriate to the age and size of the
animal, attached to the animal's neck in such a way as to prevent trauma or injury to the animal.
(16) Companion animal. The term "companion animal" means any domestic or feral dog, domestic or
feral cat, non-human primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native
animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of
a person or any animal which is bought, sold, traded, or bartered by any person. Agricultural animals, game
species, or any animals regulated under federal law as research animals shall not be considered companion
animals for the purposes of this chapter.
(17) Enclosure. The term "enclosure" means a structure used to house or restrict animals from
running at large.
(18) Euthanasia. The term "euthanasia" means the humane destruction of an animal accomplished by
a method that involves instantaneous unconsciousness and immediate death or by a method that involves
anesthesia, produced by an agent which causes painless loss of consciousness, and death during such loss of
conSCIOusness.
(19) Hearine doe. The term "hearing dog" means a dog trained to alert its owner bv touch to
sounds of danger and sounds to which the owner should resoond.
(20) Kennel. The term "kennel" means anv establishment in which five or more canines. felines.
or hvbrids of either are keot for the oumoses of breeding. hunting training. renting. buving. boarding. selling.
or showing.
aDfl-91 Livestock. The term "livestock" includes all domestic or domesticated: bovine animals;
equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus
Lama; ratites; fish or shellfish in aquaculture facilities, as defined in Virginia Code ~ 3.1 73.6 & 3.2-2600;
enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal
specifically raised for food or fiber, except companion animals.
(22)~ Owner. The term "owner" means any person who: (i) has a right of property in an animal,
(ii) keeps or harbors an animal, (iii) has an animal in his care, or (iv) acts as a custodian of an animal.
a1l~ Person. The term "person" means any individual, partnership, firm, joint-stock company,
corporation, association, trust, estate, or other legal entity.
(24)~ Poultry. The term "poultry" includes all domestic fowl and game birds raised in captivity.
~~ Pound. The term "pound" means a facility operated by the Commonwealth, or county for the
purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals; or a facility
operated for the same purpose under a contract with any county, city, town, or incorporated society for the
prevention of cruelty to animals.
(26)~ Primary enclosure. The term "primary enclosure" means any structure used to immediately
restrict an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch.
For tethered animals, the term includes the shelter and the area within reach of the tether.
(27) Releasine aeencv. The term "releasing agencv" means a oound. animal shelter. humane society.
animal welfare organization. societv for the orevention of crueltv to animals. or other similar entitv or home-
based rescue. that releases comoanion animals for adootion.
(28) Service doe. The term "service dog" means a dog trained to accomoanv its owner for the
oumose of carrying items. retrievin!! obiects. oullin!! a wheelchair or other such activities of service or suooort.
3
Draft: July 23, 2008
(29)~ Sterilize or sterilization. The term "sterilize" or "sterilization" means a surgical or chemical
procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing.
!lill~ Treatment or adequate treatment. The term "treatment" or "adequate treatment" means the
responsible handling or transportation of animals in the person's ownership, custody or charge, appropriate for
the age, species, condition, size and type of the animal.
(lll~ Veterinary treatment. The term "veterinary treatment" means treatment by or on the order of
a duly licensed veterinarian.
(Code 1967, S 4-4; 4-13-88; Code 1988, S 4-4; Ord. 98-A(1, 8-5-98)
State law reference Similar provisions, Va. Code ~ 3.1 79{).M Definitions. Va. Code 66 3.2-6500 6528.
ARTICLE III. LICENSES
Sec. 4-300 Required.
It shall be unlawful for any person other than a releasinll allencv that has rellistered as such annually
with the county to own a dog four (4) months old or ever oldtd in the county unless such dog is licensed, as
required by the provisions of this division article.
(Code 1967, S 4-17; 9-13-89; Code 1988, S 4-20; Ord. 98-A(1), 8-5-98)
State law reference--Similar provision, Va. Code ~ 3. I 796.85 6 3.2-6524.
Sec. 4-301 Procedure for obtaining licenses.
A. Any resident of this county may obtain a one Year. two Year. or three-year dog license by
making oral or written application to the director of finance or his deshmee agent, accompanied by the amount
of the license tax and a current certificate of vaccination as reQuired bv this chaoter or satisfactory evidence
that such certificate has been obtained.
B. The director of finance or his agent desilIDee shall license only dogs of resident owners or
custodians who reside within the county, and may require information to this effect of any applicant. Upon
receipt of proper application and current certificate of vaccination as reQuired bv this chaoter or satisfactory
evidence that such certificate has been obtained, the director of finance or his agent desilIDee shall issue a
license receipt, on which he shall record the name and address of the owner or custodian, the date of payment,
the year for which issued, the serial number of the tag, whether male or female. whether soaved or neutered. or
whether a kennel, unsexed female, female or kennel, and deliver the metal license tags or olates orovided for
herein. to the applicant. Multi-vear dOll licenses may only be issued uoon evidence that the certificate of
vaccination is valid for the duration of the multi-year license.
C. The director of finance or his desilIDee shall retain the aoolication information durinll the
oeriod for which such license is valid. and shall be available for oublic insoection.
D. It shall be unlawful for any oerson to make a false statement in order to secure a dOll license
to which he is not entitled. Anv oerson convicted of makinll a false statement in order to secure a dOll license
to which he is not entitled shall be lluiltv of a Class 4 misdemeanor and ounished bv a fine of not more than
two hundred fifty dollars ($250.00),
E. Anv oerson convicted of failure to Day the dOll license tax imoosed bv this division orior to
February 1 of any year or at such other time as may be reQuired bv this division on any dOll four (4) months of
alle or older and owned bv him shall be lluiltv of a Class 4 misdemeanor and ounished bv a fine of not more
than two hundred fifty dollars ($250.00).
(Code 1967, S 4-18; 5-15-75; Code 1988, S 4-21; Ord. 98-A(1), 8-5-98)
State law reference--Similar provisions, Va. Code ~~ 3.1 796.8{), 3. I 796.128(1) 63.2-6527: Licensing: oeriods for
individual dog:s Va. Code 6 3.2-6530' Class 4 Misdemeanor. Va. Code 63.2-6587(A)'
4
Draft: July 23,2008
Sec. 4-302 What license shall consist of: eEvidence of rabies vaccination: duolicate taf!s. prerequisite to
issuRnee of lieense.
A. A dOll license shall consist of a license receiot and a metal tall. The tall shall be stamoed or
otherwise oermanentlv marked to show the county has issued the license and bear a serial number or other
identifvinll information orescribed bv the county.
B. No dog license shall be issued for any dOll by the direetor of finanee or his agent for any dog
unless there is presented to the director of finance or his desi!l1lee ageffi, at the time application for sueh license
is made, e',-idence satisfactory evidence to him or his agent that such dog has been inoculated or vaccinated
against rabies. as reauired bv section 4-301. bv a currently licensed veterinarian or currently licensed
technician who was under the immediate and direct suoervision of a licensed veterinarian on the oremises.
within the past thirty six (36) months .....ith a rabies vaccine approved by the state department of health.
C. If a dOll license tall shall become lost. destroyed or stolen. the owner or custodian shall at
once aoolv to the director of finance or his desi!l1lee who issued the orillinallicense. for a duolicate license tall.
oresentinll the orillinallicense receiot. Uoon affidavit of the owner or custodian before the director of finance
or his desi!l1lee that the orillinallicense tall has been lost. destroyed or stolen. he shall issue a duolicate license
tall. which the owner or custodian shall immediately affix to the collar of the dOll. The director of finance or
his desi!l1lee shall endorse the number of the duolicate and the date issued on the face of the orillinal receiot.
The fee for a duolicate tall shall be one dollar ($1.00).
(Code 1967, S 4-19; Code 1988, S 4-22; Ord. 98-A(1), 8-5-98)
State law reference--Similar nrovisions. Va. Code SS 3.2-6526.6532: Requiring evidence of rabies vaccination to be
presented prior to issuance oflicense, Va. Code ~ 3.1 796.97 S3.2-6526.
Sec. 4-303 Veterinarians to orovide treasurer with rabies certificate information: civil oenaltv.
A. Each veterinarian who vaccinates a dOll allainst rabies or directs a veterinarY technician in his
emolov to vaccinate a dOll allainst rabies shall orovide the owner a co~y of the rabies vaccination certificate.
The veterinarian shall forward within forty-five (45) days a co~y of the rabies vaccination certificate or the
relevant information contained in such certificate to the county's director of finance.
The rabies vaccination certificate shall include at a minimum the si!l1lature of the veterinarian. the
animal owner's name and address. the soedes of the animal. the sex. the aile. the color. the orimarv breed.
whether or not the animal is soaved or neutered. the vaccination number. and exoiration date. The rabies
vaccination certificate shall indicate the locality where the animal resides.
B. It shall be the resoonsibilitv of the owner of each vaccinated animal that is not already
licensed to aoolv for a license for the vaccinated dOll. If the director of finance determines. from review of the
rabies vaccination information orovided bv the veterinarians. that the owner of an unlicensed dOll has failed to
aoolv for a license within 90 days of the date of vaccination. the director of finance shall transmit an
aoolication to the owner and reauest the owner to submit a comolete aoolication and Day the aoorooriate fee.
Uoon receiot of the comoleted aoolication and oavment of the license fee. the director of finance or his
desi!l1lee shall issue a license receiot and a oermanent tall.
The director of finance shall remit any rabies vaccination certificate received for any animal owned bv
an individual residinll in another locality to the local treasurer for the aoorooriate locality.
Anv veterinarian that willfully fails to orovide the director of finance with a co~y of the rabies
vaccination certificate or the information contained in such certificate may be subiect to a civil oenaltv not to
exceed $10 oer certificate. Monies raised oursuant to this subsection shall be olaced in the county's general
fund for the oumose of animal control activities includinll soav or neuter orOllrams.
State law reference--Similar nrovision. Va Code S 32-6529' Veterinarians to nrovide treasurer with rabies
certificate information' civil nenaltv. Va. Code S 3 2-6529.
5
Draft: July 23, 2008
Sec. 4-30~J Amount of license tax.
A. Dog license taxes shall be as follows:
1. Female. Fi';e dollars ($5.00).
2. Femal-c, unscxed (successfully spayed). Three dollars ($3.00).
3. Ua!-c, neutered. Three dollars ($3.00).
4. U-a.!-c, unneutered. Five dollars ($5.00).
5. Kennel, twenty dogs. Fifteen dollars ($15.00).
6. Kennel,jifty tiegs. Twenty five dollars ($25.00).
1. Svaved Female/Neutered Male.
One year ta!!: Fiye dollars ($5.00)
Two year ta!!: Ten dollars ($10.00)
Three year ta!!: Fifteen dollars ($15.00)
2. Unsvaved Female/Unneutered Male.
One year ta!!: Ten dollars ($10.00)
Two year ta!!: Twenty dollars ($20.00)
Three year ta!!: Thirty dollars ($30.00)
3. Kennel license Fifty dollars ($50.00) ner block often do!!s
B. No license tax shall be levied on any dog that is trained and serves as a guide dog for a blind
person or that is trained and serves as a hearing dog for a deaf or hearing impaired person, or any do!! that is
trained and serves as a service do!! for a mobility-imnaired nerson.
(Code 1967, ~ 4-20; 12-20-73; 80-11-76; 2-13-85; 4-13-88; Code 1988, ~ 4-23; Ord. 98-A(1), 8-5-98)
State law reference--Amount of license fees, Va. Code ~ 3.\ 796 g7 S 3.2-6528.
Sec. 4-30~4 When license tax payable~.
A. The license tax imposed on dogs by this division article shall be due no later than thirty days after
a dOl! has reached the al!e of four months. or no later than thirty davs after an owner acauires a dOl! four
months of a!!e or older and each year thereafter no later than Januarv 31 of each year and payable as follow:
A. Not later than January 31 of each year, the o';vner of any dog four months old or older shall
pay a license tax as prescribed in section 4 303.
B. If a dog shall become four months of age or if a dog over four months of age unlicensed by
this county shall come into the possession of any person in this county between January 1 and October 31 of
any year, a license tax for the current calendar year shall be paid forthwith by the owner.
C. If a dog shall become four months of age or if a dog over four months of age unlicensed by
this county shall come into the possession of any person in this county between November 1 and December 31
or any year, the license tax for the succeeding calendar year shall be paid forthwith by the owner and such
license shall protect the dog from the date of payment of the license tax.
(Code 1967, ~ 4-21; 9-13-89; Code 1988, ~ 4-24; Ord. 98-A(l), 8-5-98)
State law reference--Simi\ar provisions, Va. Code ~ 3.\ 7%.gg S 3.2-6530.
Sec. 4-30~S Payment of license tax subsequent to summons.
Payment of the license tax subsequent to a summons to appear before the judge of the general district
court or other court for failure to nav the license tax OO-se within the time required shall not operate to relieve
such owner from any penalty for the violation of this division article.
6
Draft: July 23, 2008
(Code 1967, S 4-22; Code 1988, S 4-25; Ord. 98-A(1), 8-5-98)
State law reference--Similar provisions, Va. Code ~ 3.1 7%.103 63.2-6536.
See. 4 30~ Term.
Dog lieenses shall be valid for the ealendar year, from January 1 to Deeember 31.
(Code 1967, S 4-23; Code 1988, S 4-26; Ord. 98-A(1), 8-5-98)
Sec. 4-307 Effect of dog not wearing collar and tag as evidence.
Any dog not wearing a collar bearing a license tag of the proper calendar year shall prima facie be
deemed to be unlicensed, and in any proceeding under this division article, the burden of proof of the fact that
the dog has been licensed or was otherwise not required to bear a tag at the time shall be on the owner of the
dog.
(Code 1967, S 4-24; Code 1988, S 4-27; Ord. 98-A(1), 8-5-98)
State law reference--Similar provisions, Va. Code ~ 3.1 796 89 6 3.2-6533.
See. 4 308 LieeDse ta eaDsist of reeeipt aDd metal tag.
/\. dog license shall consist of a license receipt and a metal tag.
(Code 1967, ~ 4 25; 423 88; Code 1988, ~ 4 28; Ord. 98 f.(1), 8 5 98)
State law reference Similar provisiElfls, Va. Code ~ 3.1 796.90.
Sec. 4-309 Display of receipts: collar and taf! to be worn: oenalties.
A. Dog license receipts shall be carefully preserved by the owner licensees and exhibited
promptly on request for inspection by any animal control officer or other officer. DOl! license tal!S shall be
securely fastened to a substantial collar bv the owner or custodian and worn bv such dOl!. It shall be unlawful
for the owner to oermit any licensed dOl! four (4) months old or older to run or roam at lame at any time
without a license tal!. The owner of the dOl! may remove the collar and license tal! reauired bv this section
when:
(i) the dOl! is enl!al!ed in lawful huntinl!:
(ii) the dOl! is comoetinl! in a dOl! show:
(iii) the dOl! has a skin condition which would be exacerbated bv the wearinl! of a collar:
(iv) when the dOl! is confined: or
(v) when the dOl! is under the immediate control of its owner.
B. The license tal! for a kennel shall show the number of dOl!s authorized to be keot under such
license. and have attached thereto a metal identification olate for each of such dOl!s. numbered to corresoond
with the serial number of the license tal!. The owner of a kennel shall securely fasten the license tal! to the
kennel enclosure in full view and keeo one of the identification olates orovided therewith attached to the collar
of each dog authorized to be keot enclosed in the kennel. Anv identification olates not so in use must be keot
bv the owner or custodian and oromotlv shown to any animal control officer or other officer UOOll reauest. A
kennel dOl! shall not be oermitted to stray beyond the limits of the enclosure. but this shall not orohibit
removing dogs therefrom temoorarilv while under the control of the owner or custodian for the oumose of
exercising. hunting. breeding. trial or show. A kennel shall not be ooerated in such manner as to defraud the
county of the license tax aoolving to dOl!s which cannot be legally covered thereunder or to any manner which
violates other orovisions of this article.
C. The owner of any dog found running at lame at any time of the year in violation of this
section. uoon conviction. shall be QUiltv of a class 4 misdemeanor and ounished bv a fine of not more than two
hundred fifty dollars ($250.00).
(Code 1967, S 4-26; 4-13-88; Code 1988, S 4-29; Ord. 98-A(1), 8-5-98)
State law reference--Similar provisions, Va. Code ~~ 3.1-796.92, 3.1-796.128; Displaying receipts; dogs to wear tags.
Va. Code ~ 3.2-6531.
7
Draft: July 23, 2008
See. 4 310 Lieense tags Attaehment to eollar.
Dog license tags shall be securely fastened to a substantial collar by the owner or custodian and ',yom
by such dog.
(Code 1967, S 1 47; 413 88; Code 1988, S 1 30; Ord. 981\(1),8598)
See. 4 311 Lieense tags Contents.
Dog lieense tags shall be stamped or otherwise permanently marked to show the jurisdietion issuing
the license, the sex of the dog and the calendar year for whieh isstled, and shall bear a serial number.
(Code 1967, S 1 28; 1 13 88; Code 1988, S 4 31; Ord. 981\(1),8598)
State law referenee Similar J3F0'iisiElRs, Va. Code ~ 3.1 796.90.
See. 4 312 Lieense tags Collar and tag to be warn by dog; exeeptions.
It shall be anlawful for the owner to permit any licensed dog four (4) months old or older to run or
roam at large at any time without a license tag. The owner of the dog may remoye the collar and license tag
required by this section (i) when the dog is engaged in lavlfal hanting, (ii) ',,,hen the dog is eompeting in a dog
show, (iii) when thc dog has a skin condition which would be exacerbated by the wearing of a collar, (iy) when
the dog is confined, or ('l) 'Nhcn the dog is under the immediate control of its o':mer.
(Code 1967, S 1 29; 4 13 88; 9 13 89; Code 1988, S 4 32; Ord. 981\(1),8598)
State law referenee SimilarJ3Fa'iisiElRs, Va. Code ~ 3.1 7%.92.
See. 4 313 Lieense tags Duplieates.
If a dog license tag shall become lost, destroyed or stolen, the owner or custodian shall at once apply
to thc direetor of finanee or his agent for a duplieate lieense tag, presenting the original license receipt. Upon
affidayit of the o',vner or Cl:lstodian before the direetor of finance or his agent that the originallieense tag has
been lost, destroyed or stolen, he shall issue a duplicate license tag, which the owner or custodian shall
immediately affix to the collar of the dog. The director of finanee or his agent shall endorse the number of the
duplicate and the datc issued on the face of the original license reeeipt. The fce for a duplicate tag shall be one
dollar ($1.00).
(Code 1967, S 1 30; 4 13 88; Code 1988, S 4 33; Ord. 981\(1),8 5 98)
State law referenre Similar provisions, Va. CaEle ~ 3.1 796.91.
See. 4 314 Lieense tags Kennels.
The lieense tag for a kennel shall show the namber of dogs authorized to be kept t:mder such license,
and ha'le attaehed thereto a metal identification plate for each of sl;leh dogs, rmmbered to correspond with the
serial number of the license tag. The O'lmer of a kennel shall securely fasten the license tag to the kennel
encloslH'e in full 'licw and keep one of the identification plates proyided there':lith attached to the ~)Qllar of each
dog authorized to be kept enclosed in the kennel. .'\ny identifieation plates not so in use tmlst be kept by the
ovmer or custodian and promptly shovm to any animal control officer or other officer l:lpon reql;lest. .^. kennel
dog shall not be permitted to stray beyond the limits of the enclosme, bat this shall not prohibit removing dogs
therefrom temporarily while ander the control of the ovmer or custodian for the purpose of exercising, hunting,
breeding, trial or show. 1\ kennel shall not be operated in such ma:nner as to defraud the cot:mty of the license
tax applying to dogs which cannot be legally coyered thereunder or to in any manner 'liolate other provisions
of this article.
(Code 1967, S 1 31; 1 13 88; Code 1988, S 1 34; Ord. 98 .^.(1), 8598)
8
Draft: July 23, 2008
See. 4 315 Penalties for violation of seetions 4 312 and 4 314.
The ovmer of any dog found running at large at any time of the year in violation of either seetion 1
312 or section 4 314, upon convietion, shall be guilty of a Class 1 misdemeanor and punished by a fine of not
more than 1\'/0 hundred fifty dollars ($250.00).
(Code 1967, ~ 1 32; 4 13 88; Code 1988, ~ 1 35; Ord. 98 A(l), 8 5 98; Ord. 05 1(1), 12 7 05)
State law refereRee Similar provision, Va. Code ~ 3.1 796.128.
See. 4 316 False statements.
It shall be unlawful f-or any person to make a false statement in order to secure a dog heense to which
he is not entitled. .^ony person who shall make a false statement in order to secure a dog license to which he is
not entitled shall be fined not less than fiye dolla:rs ($5.00) nor more than one hunch-cd dollars ($100.00).
(Code 1967, ~ 133; Code 1988, ~ 1 36; Ord. 98 A(1), 8598)
State law refereRee Similar provision, Va. Code ~ 3 1. 796.128( 1 ).
See. 4 317 Penalty for failure to obtain lieense.
f.ny person convieted of faihlre to pay the dog license tax imposed by this diT/ision prior to February 1
of any yea:r or at such other time as may be reql:lired by this division on any dog f-our (4) months of age or over
and owned by him shall be fined not less than the amooot of the license tax required for such dog nor more
than ten dolla:rs ($10.00), and shall be required to obtain the proper heeflse for sueh dog forthwith.
(Code 1967, ~ 1 34; 1 13 88; 9 13 89; Code 1988, ~ 1 37; Ord. 98 .^o(1), 8 5 98)
State law refereRee Similar previsisB, Va. Code ~ 3.1 796.128(2).
This ordinance to be effective on and after November 1, 2008.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County by a vote of to , as
recorded below, at a meeting held on
Clerk, Board of County Supervisors
Aye Nav
Mr. Boyd
· Mr. DorrieI'
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
9
..,
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the
6th day of August, 2008, adopted the following resolution:
RESOLUTION
WHEREAS, the street(s) in Highlands Subdivision, Phase 28, as described on the
attached Additions Form AM-4.3 dated August 6, 2008, fully incorporated herein by reference, is
shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virqinia;
and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has
advised the Board thatthe street(s) meetthe requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the street(s) in Highlands
Subdivision, Phase 28, as described on the attached Additions Form AM-4.3 dated August 6,
2008, to the secondary system of state highways, pursuant to ~33.1-229, Code of Virginia, and
the Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-
way, as described, exclusive of any necessary easements for cuts, fills and drainage as described
on the recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
*****
Recorded vote:
Moved by: Mr. Rooker.
Seconded by: Ms. Mallek.
Yeas: Mr. Boyd, Mr. Dorrier, Ms. Mallek, Mr. Rooker, Mr. Slutzky and Ms. Thomas.
Nays: None.
Absent: None.
t A Copy Teste:
~(A~
Ella W. Jordan, Clerk, CMC
Board of County Supervisors
The road(s) described on Additions Form AM-4.3 is:
1 ) Mechums River Road (State Route 1241) from the intersection of Route 1244
(Amber Ridge Road) to the intersection of Route 1297 (Gate Post Lane), as shown
on plat recorded in the office the Clerk of Circuit Court of Albemarle County in Deed
Book 3235, page 364, with a 50-foot right-of-way width, for a length of 0.23 miles.
2) Gate Post Lane (State Route 1297) from the intersection of Route 1241 (Mechums
River Road) to the south cul-de-sac, as shown on plat recorded in the office the
Clerk of Circuit Court of Albemarle County in Deed Book 3235, page 364, with a 50-
foot right-of-way width, for a length of 0.20 miles.
3) Gate Post Lane (State Route 1297) from the intersection of Route 1241 (Mechums
River Road) to the north cul-de-sac, as shown on plat recorded in the office the
Clerk of Circuit Court of Albemarle County in Deed Book 3235, page 364, with a 50-
foot right-of-way width, for a length of 0.11 miles.
Total Mileage - 0.54
In the County of Albemarle
By resolution of the governing body adopted August 06, 2008
The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's
resolution for clumges in the .econdnry system of .tnte highWnY~ I
A Copy Testee Signed (County Official): , ~
Report of Changes in the Secondary System of State Highways
Project/Subdivision Hi2hlands 2-B
Type Chan2e to the Secondary System of State Hi2hways: Addition
The following additions to the Secondary System of State Highways, pursuant to the statutory provision or
provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills
and drainage, as required, is hereby guaranteed:
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: ~33.1-229
Street Name and/or Route Number
~ Mechums River Road, State Route Number 1241
Old Route Number: 0
· From: Intersection Rt.1244 Amber Ridge Road
To: Intersection Rt.1297 Gate Post Lane, a distance of: 0.23 miles.
Recordation Reference: Deed Book 3235 pg.364
Right of Way width (feet) = 50'
~ Gate Post Lane, State Route Number 1297
Old Route Number: 0
From: Intersection Rt.1241 Mechums River Road
To: South CuI de sac, a distance of: 0.20 miles.
Recordation Reference: Deed Book 3235 pg.364
Right of Way width (feet) = 50'
~ Gate Post Lane, State Route Number 1297
Old Route Number: 0
From: Intersection Rt.1241 Mechums River Road
To: North CuI de sac, a distance of: 0.11 miles.
Recordation Reference: Deed Book 3235 pg.364
Right of Way width (feet) = 50'
VDOT Form AM-4.3 ( 4/20/2007), Asset Management Division
Page 1 of 1
County of Albemarle
Department of Community Development
Memorandum
To: Ella Jordan, Clerk, Board of Supervisors
From: Glenn Brooks, County Engineer ~".
Date: July 14, 2008
Subject: Board Agenda - August 6, 2008
Highlands 2-B - Road Resolution
Attached is the original ofVDOT Form AM-4.3 for the following roads in Highlands 2-B:
. Mechums River Road (State Route 1241)
. Gate Post Lane (State Route 1297)
(North & South)
We would like to have this included on the Board's August 6th agenda so that a resolution can be
adopted requesting VDOT add these roads to the secondary system of state highways.
If additional information is needed, please do not hesitate to contact me.
GEB/ps
Attachment
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the
6th day of August, 2008, adopted the following resolution:
RESOLUTION
WHEREAS, the street(s) in Rustling Oaks Subdivision, as described on the attached
Additions Form AM-4.3 dated August 6,2008, fully incorporated herein by reference, is shown on
plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virqinia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has
advised the Board that the street(s) meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the street(s) in Rustling Oaks
Subdivision, as described on the attached Additions Form AM-4.3 dated August 6,2008, to the
secondary system of state highways, pursuant to S33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-
way, as described, exclusive of any necessary easements for cuts, fills and drainage as described
on the recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
*****
Recorded vote:
Moved by: Mr. Rooker.
Seconded by: Ms. Mallek.
Yeas: Mr. Boyd, Mr. Dorrier, Ms. Mallek, Mr. Rooker, Mr. Slutzky and Ms. Thomas.
Nays: None.
Absent: None.
A Copy Teste:
~ {A~~ L
E a W--: Jordan, Clerk, CMC
Board of County Supervisors
In the County of Albemarle
By resolution of the governing body adopted August 06, 2008
The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's
reso/ution for chunges in the secondary system of state high~,
A Copy Test<< Signed (Cou.ty OffiCiolJ:/:ll. ~, ~
Report of Changes in the Secondary System of State Highways
Project/Subdivision Rustlin2 Oaks Subdivision
Tvpe Chanee to the Secondary System of State Hiehwavs: Addition
The following additions to the Secondary System of State Highways, pursuant to the statutory provision or
provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills
and drainage, as required, is hereby guaranteed:
Reason for Change:
Pursuant to Code of Virginia Statute:
New Subdivision Street
~33.1-229
Street Name and/or Route Number
~ Rustling Oaks Drive, State Route Number 1007
Old Route Number: 0
· From: Intersection of Route 601
To: Cul-de-sac, a distance of: 0.63 miles.
Recordation Reference: Deed Book 1167 Page 193
Right of Way width (feet) = 50'
VDOT Fonn AM-4.3 (4120/2007), Asset Management Division
Page 1 of 1
The road(s) described on Additions Form AM-4.3 is:
1 ) Rustlina Oaks Drive (State Route 1007) from the intersection of Route 601 to the
cul-de-sac, as shown on plat recorded in the office the Clerk of Circuit Court of
Albemarle County in Deed Book 1167, page 193, with a 50-foot right-of-way width,
for a length of 0.63 miles.
Total Mileage - 0.63
County of Albemarle
Department of Community Development
Memorandum
To: Ella Jordan, Clerk, Board of Supervisors
From: Glenn Brooks, County Engineer GP::'
Date: July 15, 2008
Subject: Board Agenda - August 6, 2008
Rustling Oaks Subdivision - Road Resolution
Attached is the original ofVDOT Form AM-4.3 for the following road in Rustling Oaks Subdivision:
. Rustling Oaks Drive (State Route 1007)
We would like to have this included on the Board's August 6th agenda so that a resolution can be
adopted requesting VDOT add this road to the secondary system of state highways.
If additional information is needed, please do not hesitate to contact me.
GEB/ps
Attachment
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Housing Committee
AGENDA DATE:
August 6, 2008
ACTION:
INFORMATION:
SUBJECT/PROPOSAUREQUEST:
Add representative from Habitat for Humanity to
Committee
CONSENT AGENDA:
ACTION: X INFORMATION:
STAFF CONTACT(S):
Messrs. Tucker, Elliott, Davis, White
ATTACHMENTS: Yes
REVIEWED BY:
~
(
LEGAL REVIEW: Yes
BACKGROUND:
The Albemarle County Housing Committee was established by the Board of Supervisors on October 10, 1990 to "provide
advice and guidance to the Board of Supervisors on housing issues in furtherance of the County's goal to promote a
variety of safe, sanitary and affordable housing types for Albemarle County residents of all income groups."
The Committee was created to consist of at least nine members appointed by the Board of Supervisors to represent
certain stakeholders including representatives from the Charlottesville Housing Foundation (Piedmont Housing Alliance-
PHA) and the Albemarle Housing Improvement Program (AHIP).
STRATEGIC PLAN:
By June 30,2010, working in partnership with others, increase affordable housing opportunities for those who work and/or
live in Albemarle County.
DISCUSSION:
The Habitat for Humanity executive director often attends Housing Committee meetings and at the July meeting requested
that Habitat be considered for membership on the Committee. Due to a lack of a quorum, the Housing Committee did not
formally vote on the matter; however, the five members in attendance indicated a desire to support this request. Over the
past several years, the local chapter of Habitat for Humanity has expanded its mission as demonstrated by its purchase of
two mobile home parks including Southwood Mobile Home Park in the County. The original list of members of the Housing
Committee included a representative from the "Housing Coalition." Because this organization no longer exists, it can
logically be replaced by Habitat for Humanity to recognize the importance of this stakeholder in the affordable housing
discussion.
BUDGET IMPACT:
None
RECOMMENDATIONS:
Staff recommends that the Board amend the composition of the Housing Committee to allow a representative of Habitat
for Humanity to serve in this capacity as indicated in Attachment A. As with PHA and AHIP, staff recommends that a
Board member of Habitat for Humanity be appointed rather than staff.
ATTACHMENTS:
Attachment A-Housinq Committee Fact Sheet
Attachment A
HOUSING COMMITTEE
FACT SHEET
The Housing Committee provides advice and guidance to the Board of
Supervisors on housing issues in furtherance of the County's goal to promote a
variety of safe, sanitary and affordable housing types for Albemarle County
residents of all income groups. The Chief of Housing provides staff support.
Duties/Function:
Initially, one-third of the membership shall be appointed for three years, one-
third for two years and one-third for one year. All subsequent appointments
shall be for a three-year term with a limit of two consecutive terms. All terms,
with the exception of the first year, shall begin on January 1.
Length of Term:
The Committee meets on the second Thursday of each month at 12:30 p.m.
(generally at the COB 5th building).
Membership:
The Board of Supervisors shall appoint at least nine members to the
Housing Committee. The Committee should include representation from the
following areas or organizations:
Real Estate
Construction/Development
Financial Community
Legal Community
Consumer
Habitat for Humanity
Charlottesville Housing Foundation
Albemarle Housing Improvement Program
Property Management
University of Virginia
Qualifications:
A willingness to attend meetings and actively participate; a demonstrated
interest in and knowledge of affordable housing issues in Albemarle County;
expertise and/or experience in representing constituent concerns; an ability to
work in collaboration with others; and an interest in community service.
Cc appointment letter to: Ron White
County Attorney
Commonwealth's Attorney
(For UVA Rep Only, Ida Lee Wootten, UVa. Community Relations, P. O. Box
400229, Ch'ville 22904-4229.)
RESOLUTION
Affirmation of Authorization to Pick-up the Employee's Contribution to
VRS for ALBEMARLE COUNTY, 55101
Under ~ 414(h) of the Internal Revenue Code
WHEREAS, ALBEMARLE COUNTY provides its employees with tax deferral pursuant
to S 414(h) of the Internal Revenue Code with respect to their member contributions to the
Virginia Retirement System (referred to as VRS) by picking up member contributions to VRS;
and
WHEREAS, VRS keeps track of such picked up member contributions, and treats
such contributions as employee contributions for all purposes of VRS;
WHEREAS, the Internal Revenue Service in Notice 2006-43 has provided transition
relief for existing pick up arrangements provided that an authorized person takes formal action
to evidence the establishment of the pick-up arrangement no later than January 1, 2009.
WHEREAS, in order to avail itself of the protection given under Notice 2006-43,
ALBEMARLE COUNTY desires to affirm its intention to establish and maintain a pickup
arrangement through formal action by its governing body.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the existing member
contribution pick-up arrangement is hereby affirmed as it relates to salary reduction elections
in effect prior to the date of this Resolution, and it is further
RESOLVED that effective the first pay day on or after August 6,2008, ALBEMARLE
COUNTY shall pick up member contributions of its employees to VRS, and such contributions
shall be treated as employer contributions in determining tax treatment under the Internal
Revenue Code of the United States; and it is further
RESOLVED that such contributions, although designated as member contributions, are
to be made by ALBEMARLE COUNTY in lieu of member contributions; and it is further
RESOLVED that pick up member contributions shall be paid from the same source of
funds as used in paying the wages to affected employees; and it is further
RESOLVED that member contributions made by ALBEMARLE COUNTY under the pick
up arrangement shall be treated for all purposes other than income taxation, including but not
limited to VRS benefits, in the same manner and to the same extent as member contributions
made prior to the pick up arrangement; and it is further
RESOLVED that nothing herein shall be construed so as to permit or extend an option
to VRS members to receive the pick up contributions made by ALBEMARLE COUNTY directly
instead of having them paid to VRS; and it is further
RESOLVED that notwithstanding any contractual or other provisions, the contributions
of each member of VRS who is an employee of ALBEMARLE COUNTY shall be picked up
either through a reduction in the current salary of such employee or as an offset against future
salary increases of such employee or as a combination of both at the option of the employer
by ALBEMARLE COUNTY on behalf of such employee pursuant to the foregoing resolutions.
Adopted in CHARLOTTESVILLE, Virginia this 6th day of AUQust, 2008.
Ella W. Jordan. Clerk. Board of County Supervisors
Name & Title Printed
~~L~ ,fl~
Au Or/zed Signature Title
Kenneth C. Boyd
Rivanna
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
. Charlottesville, Virginia 22902-4596
(434) 296-5843 FAX (434) 296-5800
Dennis S. Rooker
Jack Jouett
Lindsay G. Dorrier, Jf.
Scottsville
David L. Slutzky
Rio
Ann H. Mallek
White Hall
Sally H. Thomas
Samuel Miller
August 13,2008
Mr. Robert P. Schultze
Director, Virginia Retirement System
PO Box 2500
Richmond, VA 23218.2500
Dear Mr. Schultze:
At its meeting on August 6, 2008, the Albemarle County Board of Supervisors adopted
the attached resolution affirming authorization of pick.up of the employee's contribution to VRS
for Albemarle County.
Please do not hesitate to contact us if you need any additional information.
.
/ewj
Attachment
cc: Richard Wiggans, Finance Department
Betty Thraves, Payroll
Kimberly Suyes, Human Resources
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Resolution to Affirm the County's Authorization to
Pick-Up Employee's Contribution to VRS Under
9 414(h) of the Internal Revenue Code
SUBJECT/PROPOSAL/REQUEST:
Adopt a Resolution affirming the County's
authorization to pick up the employee's contribution
to the Virginia Retirement System (VRS)
AGENDA DATE:
August6,2008
ACTION:
INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
LEGAL REVIEW: Yes
REVIEWED BY:
/~----
(
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, and Wiggans
ATTACHMENTS: Yes
BACKGROUND:
The Internal Revenue Service (IRS) has issued Ruling 2006-43 requiring employers participating in the Virginia
Retirement System (VRS) to provide documentation authorizing pick-up plans by January 1, 2009. Pick-up plans allow
localities to pick up or pay on a pre-tax basis the employee's contribution to VRS and allow employees to purchase prior
service on a pre-tax basis. VRS is conducting an audit of pick-up plans to ensure that they are compliant with the IRS
ruling and is requesting appropriate documentation be submitted to it.
/
The County approved its pick up plan effective July 1, 1980 as part of the Annual Appropriation for FY 80/81 adopted on
April 9, 1980. This election is irrevocable under VRS regulations. The documentation that VRS is requesting must be
in the form of a resolution approved by the governing body. The resolution must contain certain basic information
required by the IRS ruling.
DISCUSSION:
VRS sent a letter to local governments (Attachment B) and school boards outlining the requirements and including
sample resolutions. Employers must return resolutions approved by their governing boards to VRS no later than
September 30,2008. Failure to timely provide this documentation could reverse the favorable tax treatment for
employee VRS contributions and could impose significant reporting and recordkeeping burdens on the County.
The County Attorney has reviewed the attached Resolution for Albemarle County (Attachment A). The School Board
will consider adoption of similar resolutions on August 14, 2008.
BUDGET IMPACT:
There is no budget impact.
RECOMMENDATIONS:
Staff recommends that the Board adopt the attached Resolution (Attachment A)
ATTACHMENTS
A - Resolution Affirmina Albemarle County's Authorization to Pick Uo Emoloyee's Contribution to VRS
B - VRS Letter to Robert Tucker. County Executive. dated July 11. 2008
ATTACHMENT A
RESOLUTION
Affirmation of Authorization to Pick-up the Employee's Contribution to
VRS for ALBEMARLE COUNTY, 55101
Under ~ 414(h) of the Internal Revenue Code
WHEREAS, ALBEMARLE COUNTY provides its employees with tax deferral pursuant
to ~ 414(h) of the Internal Revenue Code with respect to their member contributions to the
Virginia Retirement System (referred to as VRS) by picking up member contributions to VRS;
and
WHEREAS, VRS keeps track of such picked up member contributions, and treats
such contributions as employee contributions for all purposes of VRS;
WHEREAS, the Internal Revenue Service in Notice 2006-43 has provided transition
relief for existing pick up arrangements provided that an authorized person takes formal action
to evidence the establishment of the pick-up arrangement no later than January 1, 2009.
WHEREAS, in order to avail itself of the protection given under Notice 2006-43,
ALBEMARLE COUNTY desires to affirm its intention to establish and maintain a pickup
arrangement through formal action by its governing body.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the existing member
contribution pick-up arrangement is hereby affirmed as it relates to salary reduction elections
in effect prior to the date of this Resolution, and it is further
RESOLVED that effective the first pay day on or after August 6,2008, ALBEMARLE
COUNTY shall pick up member contributions of its employees to VRS, and such contributions
shall be treated as employer contributions in determining tax treatment under the Internal
Revenue Code of the United States; and it is further
RESOLVED that such contributions, although designated as member contributions, are
to be made by ALBEMARLE COUNTY in lieu of member contributions; and it is further
RESOLVED that pick up member contributions shall be paid from the same source of
funds as used in paying the wages to affected employees; and it is further
RESOLVED that member contributions made by ALBEMARLE COUNTY under the pick
up arrangement shall be treated for all purposes other than income taxation, including but not
limited to VRS benefits, in the same manner and to the same extent as member contributions
made prior to the pick up arrangement; and it is further
RESOLVED that nothing herein shall be construed so as to permit or extend an option
to VRS members to receive the pick up contributions made by ALBEMARLE COUNTY directly
instead of having them paid to VRS; and it is further
1715639
8/2006
RESOL VEO that notwithstanding any contractual or other provisions, the contributions
of each member of VRS who is an employee of ALBEMARLE COUNTY shall be picked up
either through a reduction in the current salary of such employee or as an offset against future
salary increases of such employee or as a combination of both at the option of the employer
by ALBEMARLE COUNTY on behalf of such employee pursuant to the foregoing resolutions.
Adopted in CHARLOTTESVILLE, Virginia this
day of
,2008.
Ella W. Jordan. Clerk
Name & Title
Printed
Authorized Signature
Title
1715639
8/2006
ATTACHMENT B
I Virginia
It Retirement
~ System
Po. Box 2500, Richmond, Virginia 232"18-2500
Toll free: 1-88B-V.ARETIR (827-3847)
\\leb site: \V\V\v.varetire.org
E-mail: vrs@varetire.org
July 11, 2008
ALBEMARLE COUNTY
ROBERT TUCKER, COUNTY EXECUTIVE
401 MCINTIRE RD
CHARLOTTESVILLE, VA 22902
Dear ROBERT TUCKER:
Recently, the Internal Revenue Service (IRS) issued Revenue Ruling 2006-43 giving governmental
employers until January 1, 2009 to demonstrate "formal authorization" of their pick-up plans. A pick-up
plan allows the Virginia Retirement System (VRS) member contribution (5%) to be treated on a pre-tax
basis.
Regrettably, the ruling requires VRS to conduct a full audit of pick-up plan resolutions and obtain a formal
resolution from each VRS employer receiving this letter. While you may have enacted such a resolution in
the past, you still must formally reaffirm your pick-up plan to meet the requirements of the new ruling.
Such a reaffirmation will bring VRS records up to date and ensure that all employers have on file with VRS
an executed resolution in proper form.
Among other things, this Revenue Ruling requires:
. The pick-up plan to be established pursuant to a formal action by a person authorized to act on
behalf of the employer. Generally, any decision by the employer's governing body will satisfy this
requirement.
. That such action be evidenced in the form of a written resolution containing all the elements
required by the IRS. VRS has furnished such a resolution for use by your governing body (see
enclosure).
What does the employer need to do?
Your governing body must pass the resolution in the form provided with this letter and return the signed
original to VRS at your earliest convenience, but by no means any later than September 30, 2008.
Why this is important?
VRS is required to ensure al[ employer pick-up plans are compliant with this ruling. With your help, we can
account for all employers' pick-up plans by the Internal Revenue Service's due date of January 1, 2009. .
What if we don't do this? Can we discontinue our pick-up plan?
No. As a VRS employer, you are already required by state law to "pick up" your employees' retirement
contributions, whether or not you submit a proper resolution. However, failure tQ submit a resolution could
reverse the favorable tax treatment of your employees' member contributions, which could impose
significant additional multi-year reporting and record keeping burdens on you as the employer and subject
your employees to additional tax liabilities.
An Independent Agency a/the Commonwealth a/Virginia
Who can t~e employer contact for more information?
If, after you review this letter, you have additional questions, you may refer them to Ben Howard at VRS,
by telephone at (888) 827-3847, extension 6686, or by email at bhoward@varetire.org.
I sincerely apologize for this inconvenience. However, VRS and its participating employers must strive to
maintain continuous compliance with IRS regulations and rulings. Thank you for your assistance.
Sincerely,
rJWrl M
Robert P. Schultze
Director, Virginia Retirement System
Enclosure (Resolution)
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Offender Aid and Restoration's Community
Correction and Pretrial Services Program -
Supplemental Appropriation Request
AGENDA DATE:
August6,2008
ACTION: INFORMATION:
SUBJ ECT/PROPOSALlREQUEST:
Review and approval of supplemental appropriation
request, totaling $8,853.00, for Offender Aid and
Restoration(OAR)
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
STAFF CONTACT(S):
Messrs. Tucker, Elliott, Davis, and Wiggans
REVIEWED BY:
LEGAL REVIEW: Yes
BACKGROUND:
Albemarle County currently receives grant funding from the Virginia Department of Criminal Justice Services (DJCS)
for Local Probation/Community Corrections and Pretrial Services. As the grant administrator, the County serves as
fiscal agent and contracts with Offender Aid and Restoration (OAR) to provide these services for a nine jurisdictional
area. These nine localities include the City of Charlottesville and counties of Albemarle, Nelson, Fluvanna, Orange,
Greene, Louisa, Madison, and Goochland. The Local Probation/Community Corrections program provides services
which include local probation supervision, community service supervision, domestic violence intervention, and
restitution collection. Pretrial Services programs include screening, interviews, investigations and recommendations,
supervision and reporting services for all jurisdictions except Goochland County. Funds from the grant are drawn
down on a reimbursement basis and remitted to OAR.
STRATEGIC PLAN:
Goal 5: Develop a comprehensive funding strategy/plan to address the County's growing needs.
DISCUSSION:
During the 2008 General Assembly budget deliberations, the DCJS grant award to Albemarle County, as fiscal agent
for OAR, for the Community Corrections program was reduced $30,528.00. The Executive Director of OAR has
requested additional local funding from the County to replace its proportional share of the lost State grant revenue. A
similar letter has also been sent to the other eight jurisdictions. The amount requested from each locality is based on
the percentage of total supervision placements by the Courts for both Local Probation and Pretrial services. Albemarle
County's share of total placements is 29% therefore the request for additional local funding from the County is
$8,853.00.
BUDGET IMPACT:
The additional local funding, if approved, would transfer $8,853.00 from the Board of Supervisors' Contingency
Reserve to OAR and would be subject to the eight other jurisdictions contributing their share of lost grant revenue
as outlined in Attachment A.
RECOMMENDATIONS:
Staff recommends the Board of Supervisors approve the transfer of $8,853.00 from the Board's Contingency to OAR
subject to participation by the other applicable localities in the revenue loss. At such time as the other localities
commit to this participation, an appropriation will be brought to the Board for formal approval of the local funding
increase.
ATTACHMENTS
Attachment A - OAR Reauest
JEFFERSON AREA COMMUNITY CORRECTIONS
750 Harris Street, Suite 207
Charlottesville, VA 22903
(434) 296-2441
RECEIVED FAX (434) 979-4038
JUL 1 7 200B
July 16, 2008
County of Albemarle
County Executive'! Offrce
Brian Elliott
Deputy County Executive
Albemarle County
401 McIntire Road
Charlottesville, VA 22902
Dear Brian,
I'm writing this letter as a follow-up to our conversations regarding the funding
cuts to Community Corrections that were included in the Aid to Localities Reductions
sent to Albemarle County by the Department of Planning and Budget.
As you are aware, Albemarle County serves as the fiscal agent for the 9 localities
served by OAR As the fiscal agent, the reductions for our program were included in
your budget reduction package. While this remains a draft it is very clear that some
reductions will be made. The total for Community Corrections currently is projected to
be 4.17% for 2009 which equals $30,528 and 4.12% for 2010 which equals $30,128.
We understand that this is a difficult fiscal time for all agencies and for many
departments but are asking Albemarle to help us address this issue with the other 8
localities served. While the reductions do not sound like a lot of money, when you are a
small agency receiving a 4.17% cut makes a difference especially when 88% of the funds
are personnel.
These reductions will impact both Pretrial and Local Probation. We serve all 9 of
the localities with local probation and 8 of them with Pretrial as we provide pretrial
services to the two regional jails this is area. I am attaching a chart that details the
numbers and percentages served from each of the localities.
Support
Our state association, Virginia Community Criminal Justice Association
(VCCJA) recently met with the offices of the Secretary of Public Safety, the Department
of Planning and Budget and staff representatives from the House Appropriations and
Senate Finance. We discussed the issues and potential solutions. At this point there is no
solution from the state for 2009. They believe these reductions are here to stay and
will remain an issue for localities. This is the first time that we have been included in
these reductions and were not made aware of this until most of the localities had passed
to
United
way
An Equal Opportunity Employer
their budgets for 2009. For 2010 the state indicated they would consider how to better
spread this reduction across regional areas. We also have some time to address with the
other localities we serve for 2010.
Below is the chart of the supervision placements for both Local Probation and
Pretrial. You can see that all localities are served by our agency with the exception of
Goochland County with Pretrial Services. The chart also includes the percentage for all 9
localities and the total cost to each locality for services provided.
Locality Supervision Supervision Total Percent of Amount
Placements by Placements the Total of funds
Court in Local by Court in based on
Probation Pretrial % served
Albemarle County 471 154 625 294'/0 $8,853
City of 336 257 593 28% $8,548
Charlottesville
Fluvanna County 71 41 112 5% $1,526
Goochland County 61 nJa 61 3% $916
Greene County 64 45 109 5% $1,526
Louisa County 110 109 219 10% $3,053
Madison Countv 48 61 109 5% $1,526
Nelson County 19 6 25 1% $306
Oran~ County 97 191 288 14% $4,274
Total 1,277 864 2,141 1 ()()O/O $30,528
We do want you to know that we are working with both VML and V ACO to
advocate for change for 2010. They too are concerned about the reductions in Aid to
Localities. I will keep you updated on any legislative effort on their part on this issue as
it relates to Community Corrections.
We are very concerned about the reductions and their impact on services to all of
our localities. I am trying to work on solutions but am asking Albemarle County, as our
fiscal agent, to consider helping me resolve this issue. I know it is not fair to expect you
to absorb the cuts for 9 localities but ask for your assistance it addressing this with the
other 8 localities.
I appreciate your time and effort helping us address this issue. Thanks for your
continued support.
~~
~-i!I ~
Patricia L. Smith
Executive Director
~County
Public Schools
Board-to-Board
July 2008
Listening. Learning. Leading.
A monthly communications report from the Albemarle County School Board to the Albemarle County Board of
Supervisors
Gifted Advisory Committee Annual Report: At its June 12th meeting, the School Board received the annual
report and recommendations regarding the educational needs of gifted children to the Superintendent for
transmission to the School Board. Mr. Jamie Symmers, Co-chairperson of the committee presented the report.
The Gifted Advisory Committee made the following recommendations:
1. The Gifted Advisory Committee recognizes the potential of the International Baccalaureate program
and supports further investigation of the program and dissemination of information to stakeholders.
2. Increase Gifted Resource Teacher (GRT) Positions to 1 FTE/School (addition of 4.3 FTE total
needed). The Gifted Advisory Committee strongly believes that high quality gifted services warrant a
minimum of 1 full time GRT in every building. To reach equity across the Division and work
effectively with talent development, advanced support of collaboration, differentiated instruction, and
provide multiple opportunities for excellence, consideration of student enrollment needs to be
considered when determining the FTE for GRT positions. Gifted resource teachers serve all students
who need services, not just those who are formally identified as gifted. The need for additional staff
in this area continues to be a request from parents and principals. Additional gifted education
specialists could extend collaboration/differentiation and problem solving opportunities to more
teachers/classrooms, include more students in more opportunities outside of the curriculum, and
initiate talent development programs designed to close the achievement gap.
3. Fund targeted staff development opportunities for GRTs related to higher level development and
utilization of the Framework for Quality Learning. Development opportunities should also be
provided for GRTs to further the depth oftheir program evaluation process.
4. Conduct surveys regarding the delivery of services in schools so that we can better understand the
needs and perceptions of services from students and stakeholders. The Baldrige Criteria will be used
to establish guidelines for conducting the evaluation of services.
A copy of the full report and data can be found on the division website at www.kI2albemarle.org under Reports
to the Board.
K-I0 Health Education Curriculum Framework: At its June 12th meeting the Board was presented revisions
of the K-12 Health Education Curriculum which are standards-based and concept-centered, going beyond the
Standards of Learning to deepen understanding of those concepts and ideas, placing value on what is most
important for students to understand, know and do in this discipline. The K-10 Health Education Curriculum
Framework includes interdisciplinary concepts, discipline concepts, enduring understandings, and habits of mind
linked and mapped to the Virginia Standards of Learning.
FY 2009-10 Budget Calendar and Direction: At its June 12th meeting, the School Board considered the
revised budget calendar for Fiscal Year 2009-10. The calendar will result in the presentation of the
Superintendent's Request based upon the direction of the Board through the Strategic Plan, the Superintendent
and Board Goals, and specific Board direction issued during its meetings.
Goal Priorities and Metrics:
The Board identified at the June 2, 2008 Board Retreat three critical priorities about which to receive quarterly
progress reports during the 2008-09 school year:
1. Implementation of the Framework for Quality Learning (FQL)
2. Achievement Gap, including implementation of the Professional Learning Community (PLC)
3. Teacher accountability and performance, including implementation of the Teacher Performance
Appraisal (TPA)
On June 26th, the Board will hold a work session to continue crafting the Division's "strategic portfolio" for 2008-
09 (that is, focusing on the major areas named above) through discussion of the metrics to be used by the
Division to measure and assess progress.
July Meetings: The School Board will hold its regular meetings on July 10, 2008.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Proffer Management - FY 2008 4th Quarter Cash
Proffer Report
AGENDA DATE:
August 6, 2008
ACTION:
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Report on cash proffer revenues and expenditures
for April-June of FY 2008
CONSENT AGENDA:
ACTION: INFORMATION: X
STAFF CONTACT(S):
Messrs. Tucker, Foley, Kamptner, Graham and
Higgins; Ms. McCulley and Ms. Baldwin
LEGAL REVIEW: Yes
REVIEWED BY:
ATTACHMENTS: Yes
BACKGROUND:
The Board received a 3rd quarter report last month reporting activity from January - March 2008. The current 4th
quarter report is a collaboration between Finance and Community Development to maintain more timely information on
cash proffers. As such, this report represents cash proffer information from April - June and coincides with the end of
Fiscal Year 2008. The Board will receive its next report in November reporting on cash proffer activity from July-
September. That report will also include the Commission on Local Government Report 2008 Survey of Cash Proffers.
STRATEGIC PLAN:
Goal 3: Develop Infrastructure Improvements to Address the County's Growing Needs.
Goal 5: Fund the County's Future Needs.
DISCUSSION:
The information below details cash that was proffered, received and expended during the 4th quarter. The proffer
summary provides anticipated proffer revenue and annual adjustments, which the Board first received last quarter.
New additions to this report include allocated funds for this quarter and the overall total cash proffer funds and interest.
Future reports will include a total appropriation of all cash proffer funds, current available funds and total expended
funds.
A. Proffered: Although there were several rezonings approved from April through June, none of them contained cash
proffers.
B. Revenue: During the 4th quarter $27,923.80 was received from Hollymead Area C, Belvedere Station and Liberty
Hall. All funds are allocated to general Capital Improvements Projects (Attachment A).
C. Allocated: The County designated $305,000.00 for the Routes 22/250 intersection. These funds originated from
the Glenmore rezoning for this purpose.
D. Expenditure: The County expended $100,000 to replace monies from the transportation improvement funds
previously spent for the Route 29 Traffic Study. North Pointe contributed these funds specifically for the traffic study.
E. Proffer Summary: Since there were no new rezonings containing cash proffers, the total anticipated proffer
revenue and annual adjustments remain the same as the 3rd quarter, which is $56,146,937.47 and $56,742,558.28
respectively. As of June, the County has received a total of $3,120,393.09 in cash proffer funds that have earned
$299,840 in interest (Attachment B).
BUDGET IMPACT:
As previously stated, one staff person manages all proffers; however, other departments such as Finance playa
large role in generating the Cash Proffer Reports.
RECOMMENDATIONS:
This report is for informational purposes only.
ATTACHMENTS
A.FY084th Quarter Report.xls
B-Proffer Summarv.xls
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Attachment B
Proffer Summary
I PROFFER FUNDS
UPDATED AS OF 06/30/2008 (07/15/2008)
FUND #
8530
8526
PROFFER NAME
TOTAL
ANTICIPATED
PROFFER
ZMA #'S REVENUE
TOTAL
2008 ANNUAL TOTAL FUNDS INTEREST
ADJUSTMENT RECEIVED EARNINGS
8534
8536
8531
8520
8521
8523
8539
8532
8527
8528
8529
8538
8537
8524
8522
8533
8525
8535
8541
8542
8543
8544
ALBEMARLE PLACE 2001-07 2,610,000.00 2,610,000.00 100,000.00 3,666.41
AVEMORE 2000-10 50,000.00 50,000.00 50,000.00 1,286.43
AVINITY* 2006-05 1,249,500.00 1,249,500.00
AVON PARK 2004-03 59,000.00 59,000.00 59,000.00 4,436.81
AVON PARK 11* 2007-05 408,100.00 414,221.50 0.00 0.00
BELVEDERE STATION 2004-07 400,250.00 400,250.00 28,000.00 167.02
BISCUIT RUN* 2005-17 17,642,858.80 17,907,501.68 0.00 0.00
BLUE RIDGE CO-HOUSING* 2007-12 286,200.00 290,493.00 0.00 0.00
CASCADIA 2002-04 405,000.00 405,000.00
ECKERD PHARMACY 2003-03 6,000.00 6,000.00 0.00 0.00
FONT ANA PHASE 4C* 2004-18 690,500.00 700,857.50
GLEN MORE 1999-16 893,000.00 893,000.00 752,000.00 129,798.10
GLENMORE** 1999-16 569,000.00 569,000.00 328,700.00 52,821.39
GRAYROCK 1997-12 62,500.00 62,500.00 62,500.00 11,786.35
GREENBRIER 2000-06 9,334.00 9,334.00 9,334.00 81.72
HADEN PLACE 2005-07 82,500.00 82,500.00
HOLLYMEAD AREA B 2001-19 50,000.00 50,000.00 50,000.00 1,521.85
HOLLYMEAD AREA C 2001-20 210,000.00 210,000.00 121,904.75 4,634.48
HOLLYMEAD AREA D 2002-02 481,000.00 481,000.00 480,999.68 22,971.97
HOLL YMEAD TOWN CENTER A 1 * 2005-15 609,000.00 609,000.00
HOLL YMEAD TOWN CENTER A2* 2007-01 14,971,800.00 15,196,377.00 0.00 0.00
LEAKE* 2006-16 2,149,620.00 2,176,993.50 0.00 0.00
L1VENGOOD* 2006-15 867,095.00 880,101.43 0.00 0.00
MJH @ PETER JEFFERSON PLACE* 2001-15 346,250.00 351,443.75 44,000.00 5,871.50
NGIC EXPANSION* 2007-03 1,264,800.00 1,264,800.00
NORTH POINTE 2000-09 460,000.00 460,000.00 400,000.00 27,901.02
PATTERSON SUBDIVISION* 2007-11 128,800.00 130,732.00
OAKLEIGH FARM* 2007-04 1,494,550.00 1,516,968.25
OLD TRAIL VILLAGE 2004-24 2,328,000.00 2,328,000.00 50,000.00 1,805.58
RIVANNA VILLAGE @ GLENMORE* 2001-08 1,047,000.00 1,062,705.00
SPRINGRIDGE 1998-13 100,000.00 100,000.00 100,000.00 2,214.97
STILL MEADOWS 1997-01 135,000.00 135,000.00 135,000.00 17,220.78
STILLFRIED LANE 2003-12 78,000.00 78,000.00 78,000.00 4,675.24
UVA RESEARCH PARK 1995-04 78,718.00 78,718.00 78,718.00 897.41
WESTERN RIDGE 2001-02 5,000.00 5,000.00 5,159.12 739.59
WICKHAM POND II 2005-18 405,000.00 405,000.00
WICKHAM POND 2004-17 345,161.67 345,161.67 109,677.54 2,886.04
WILLOW GLEN* 2006-19 2,907,800.00 2,907,800.00 0.00 0.00
WESTHALL (1.1) 2006-01 123,000.00 123,000.00 51,000.00 1,764.34
WESTHALL (1.2) 2006-01 17,000.00 588.11
WESTHALL (3.3) 2006-01 3,000.00 103.79
LIBERTY HALL 5-5 & 07-1 137,600.00 137,600.00 6,400.00 0.00
TOTAL 56,146,937.47 56,742,558.28 3,120,393.09 299,840.90
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
2008 Development Review Process Changes
AGENDA DATE:
August6,2008
SUBJECT/PROPOSAL/REQUEST:
Development Review Process for Zoning Map
Amendments and Special Use Permits
ACTION:
INFORMATION:
CONSENT AGENDA:
ACTION:
LEGAL REVIEW: Yes
REVIEWED BY:
INFORMATION: X
~
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Kamptner, Graham,
and Cilimberg; and Ms. Echols
ATTACHMENTS: Yes
BACKGROUND:
During 2007, a Board appointed Development Review Process Task Force worked on inding ways to provide a more
efficient and predictable review process for rezonings and special use permits. Among the Task Force
recommendations were that changes to the process would need to make staff comments, staff reports, and final
plan/proffer documents for public review easily accessible and timely. Since task force work began, staff has been
working to make improvements that would benefit the public, applicants, staff, the Planning Commission and the
Board of Supervisors. Early in 2008, staff modified the review schedule particularly as it pertained to the process from
the filing of an application to the Planning Commission's review. This was presented to the development community in
a roundtable meeting on February 29, 2008 and, with input from that meeting, subsequently implemented.
STRATEGIC PLAN:
Goal 4: Effectively Manage Growth and Development: The process changes proposed are to provide for a more
efficient and predictable development review process for applicants, the public and staff.
DISCUSSION:
Staff is now proposing to complete the process improvement as regards processing applications from the Planning
Commission's recommendation to the Board of Supervisors' review. An explanation of the changes in the process
(Attachment A) as well as a review schedule (Attachment B) is attached. The most notable changes are as follows:
. Resubmittal dates and dates for written comments to an applicant have been established and published so
that applicants know what to expect and workflow is more predictable for staff.
. Rather than using a "public hearing schedule", a public hearing date will be established after an applicant
receives comments and has made all the changes he/she wishes to make for that hearing. (This is the
process the Board recently agreed to for Berkmar Business Park.)
. Once the applicant has decided he/she is ready for the public hearing and makes his/her final submittal, no
additional information will be accepted for consideration. (This is the process the Board recently agreed to for
Berkmar Business Park.)
. If a project required a worksession with the Planning Commission because of project complexities or major
interest and concerns from the public, it will be scheduled for a Board of Supervisors worksession at the
earliest meeting following the Planning Commission public hearing. The Board will review the documents that
the Planning Commission reviewed and provide guidance before an applicant resubmits.
BUDGET IMPACT:
Although no specific budget changes are anticipated, the changes will provide for a more orderly and organized
process that ensures fairness to all applicants. It will allow for limited staff resources to be used most effectively and
provide greater predictability for applicants and the public.
RECOMMENDATIONS:
This executive summary is provided for the Board's information. Staff will take these additional process improvements
to a roundtable meeting with the development community.
ATTACHMENTS
A - 2008 Submittal and Development Review Process for Zoninq Map Amendments and Special Use Permits
B - 2008 Development Review Schedule
Albemarle County Community Development
Updated July 21,2008
ATTACHMENT A
2008 Submittal and
Development Review Process for
Zoning Map Amendments and Special Use Permits
1. Rezonings and Special Use Permits will be accepted on the third Monday of each
month including November which has not been on the schedule for the last two
years. (See attached schedule.)
2. The review period for receiving the first set of written staff comments after submittal
will not change. This time period is approximately six weeks after submittal.
3. Worksessions will continue to be encouraged for complex projects or projects for
which Planning Commission weigh-in is appropriate before the project proceeds.
4. For worksessions, a staff report will be provided in-lieu of initial written comments.
Detailed written comments will be provided after the Planning Commission meeting.
5. If neither a worksession nor a resubmittal is needed, a project will go to the Planning
Commission approximately 12 weeks from initial application. This time period is one
week earlier than the 2007 schedule.
6. Starting in March 2008, the County will also have a resubmittal schedule, which
generally will be the first and third Monday of the month, with adjustments made for
Monday holidays.
7. After a resubmittal, but before a Planning Commission public hearing has been
advertised, staff will provide written comments advising the applicant on whether all
substantive issues have been resolved or if additional resolution is needed. The
written comments will include staff's recommendation to the Planning Commission
should the applicant wish to proceed.
8. A public hearing for the Planning Commission will not be advertised, however, until
an applicant tells the County it is ready to proceed to a public hearing.
9. Once an applicant decides to go to public hearing, a legal advertisement is run in the
newspaper and a staff report is prepared to go to the Planning Commission.
10. After the Planning Commission public hearing is advertised, an applicant may
change his/her mind and ask that the project be deferred, but only one time during
the life of the application. Except in extraordinary circumstances, such as a major
change in the project proposal by the applicant or more issues identified by staff that
have not previously been brought to the applicant's attention, subsequent requests
for deferral of the Planning Commission public hearing will not be honored. If
agreeable to the Planning Commission, the applicant may defer at the Planning
Commission public hearing meeting.
11. To help provide more timely comments to applicants on how to resolve outstanding
issues, the staff will hold interdivisional reviewer meetings at least twice-a-month.
2008 Submittal and Review Schedule
Special Use Permits and Zoning Map Amendments ***
Without Planning Commission Worksession*
Deadline for Filing First Set of Planning
(3 P.M.) Written Commission
Comments Due Public Hearing if
to Applicant No Resubmittal is
Necessary
No sooner than
ATT.CHMENT B
Resubmittal
Deadline**
PLEASE SEE
THE
RESUBMITTAL
SCHEDULE
Monda Frida Tuesda Monda
Tue Feb 19 Apr 04 May 06 **
Mar 17 May 02 Jun 03 **
Apr21 Jun 06 Jul08 **
May 19 Thu Jul 03 Aug 05 **
Jun 16 Aug 01 Sep 02 **
Jul 21 Sep 05 Oct 07 **
Aug 18 Oct 03 Nov 04 **
Sep 15 Oct 31 Dee 02 **
Oct 20 Dee 05 **
Nov 17 **
Dec 15 **
**
Dates shown in italics are changes due to a County holiday
* PC Worksessions are not required, but may be recommended for rezonings and some SP's depending
on the corresponding level of project complexity. If scheduled, detailed written comments will be provided
after the worksession. (Please see Resubmittal Schedule.)
** Resubmittals are accepted on ANY resubmittal Monday listed after the date of the written comments
to the applicant. The PC public hearing date is the earliest date at which the request may be heard after
the corresponding resubmittal deadline date.
*** Board of Supervisors' worksessions and public hearings will be scheduled after the
Planning Commision's action on applications.
These schedules provide basic information. Please consult with the Planning
Division for more details regarding schedules and processing
2008 Submittal and Review Schedule
Special Use Permits and Zoning Map Amendments
Resubmittal Schedule
Written Comments and Earliest Planning Commission Public Hearing*
Resubmittal Dates Comments to Legal Ad Deadline Planning
applicant for decision and Decision for Commission Public
on whether to Public Hearing ** Hearing
proceed to Public No sooner than*
Hearing *
Wednesday
Apr16
Apr30
May 21
Jun 04
Jun 18
Jul02
Jul 16
Jul30
Aug 20
Sep 03
Sep 17
Oct 02
Oct 15
Oct 29
Nov 19
Dee 03
Dee 17
Dee 31
Monday
Apr 21
May 12
May 26
Jun 09
Jun 23
Jul07
Jul21
Aug 04
Aug 25
Sep 08
Sep 22
Oct 06
Oct 20
Nov 03
Nov 24
Dee 15
Dee 22
,....,..,.~
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,',,-.,' ...,..,,: .', '
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* The reviewing planner will contact applicant to discuss comments of reviewers and advise that
changes that are needed are significant enough to warrant an additional submittal or advise that the
the project is ready for a public hearing. If changes needed are minor, the planner will advise that
the project go to public hearing.
** The legal ad deadline is the last date at which an applicant can decide whether to resubmit or go
to public hearing. If an applicant decides to go to public hearing against the advice of the reviewing
planner, a recommendation for denial will likely result. Generally, the applicant will will have only one
opportunity to defer the PC public hearing for the project once it has been advertised for public
hearing. Additional deferrals will not be allowed except in extraordinary circumstances such as a
major change in the project proposal by the applicant or more issues identified by staff that have not
previously been brought to the applicant's attention.
Albemarle County 2009 Legislative Priorities - Adopted August 6, 2008
Growth Manaaement. Land Use and Transportation
. Local Authority: Request that the legislature 1) strengthen localities' authority by enabling them to utilize adequate public
facilities ordinances; and 2) not pass legislation that preempts or circumvents existing local authority to regulate land use.
. Impact Fee Authority: Request that the legislature support impact fee legislation that allows for 1) a fair allocation of costs
representing a "pro-rata" off-set of new growth on public facilities; 2) impact fees for facility costs related to transportation,
schools, fire, police, emergency medical services, libraries, stormwater management, open space and parks/recreation
lands; 3) effective implementation through simple locally-based formulae and reasonable administrative requirements; 4)
does not cap or limit localities' impact fee updates; and 5) does not diminish the existing proffer system.
. Conservation Easements: Request the legislature support and augment local efforts in natural resource protection
through 1) Continuing to fund the Virginia Land Conservation Foundation (VLCF) for locally established and funded
Purchase of Development Rights programs (e.g. ACE Program in Albemarle County); 2) Retaining provisions in transient
occupancy tax legislation so that funds can continue to be used to protect open-space and resources of historical, cultural,
ecological and scenic value that attract tourism; and 3) Increase incentives for citizens to create conservation easements.
. Scenic Protection and Tourist Enhancement: Request enabling legislation for an Albemarle County to provide for a
scenic protection and tourist enhancement overlay district. As the County pursues options to protect the visual quality of
land as an aesthetic and economic resource, this legislation would provide a method to ensure full consideration of visual
resources and scenic areas when the County or state makes land use decisions in designated areas.
. Transportation Funding: Request the legislature 1) Establish stable and consistent state revenues for Virginia's long-term
transportation infrastructure needs; 2) Direct funding efforts at all transportation modes; 3) Coordinate planning for
transportation and land use, being mindful of local Comprehensive and regional Transportation Plans when planning
transportation systems within a locality; and 4) Not shift transportation responsibilities, including maintenance, to localities.
Health and Human Services
. Comprehensive Services Act (CSA): Request the legislature assist localities' implementation of CSA in a consistent,
financially stable manner by: 1) Fully funding the state pool for CSA with allocations based on realistic anticipated levels of
need and a cap on local expenditures for serving a child through CSA; 2) Enhancing state funding for grants to localities to
create community-based alternatives for children served in CSA; 3) Establishing state contracts with CSA providers to
provide for a uniform contract management process, improve vendor accountability and control costs; and 4) Encouraging
the state to be proactive in making service providers available and to support local and regional efforts to address areas of
cost sharing among localities by procuring services through group negotiation.
. Child Care for Low Income Working Families: Request the legislature provide additional funds to local governments to
assist low-income working families with childcare costs. This funding helps working-class parents pay for supervised day
care facilities and supports efforts for families to become self-sufficient.
Local Government Administration and Finance
. Full Funding of State Mandates: Request the state provide full funding for its mandates in all areas of local government
including the Standards of Quality (SOQs), positions approved by the Compensation Board, costs related to jails and
juvenile detention centers and human services positions.
. Local Control of Local Revenues: Request the legislature take no action to restrict or limit the existing local control of
local revenues so that local government leaders can take appropriate measures to generate sufficient revenues to sustain
and improve services.
. Drug Court Funding: Request the legislature fully fund the Drug Court Program, which provides effective treatment and
intensive supervision to drug offenders through the Circuit Courts of several Virginia localities.
. Cost to Compete Pay Differential: Due to the documented high cost of living in Albemarle County, request the legislature
include Albemarle County Schools in the "Cost to Compete Pay Differential" so that the County may reach and maintain
competitive compensation to help recruit, develop and retain a highly qualified and diverse teacher workforce.
. Land Use Taxation: Request the legislature to amend Virginia Code 9 58.1-3237 to increase the roll-back taxes assessed
against property under land use taxation that changes to a non-qualifying use to an amount equal to the sum of the
deferred tax for each of the ten most recent complete tax years. Currently the roll-back tax applies only to the deferred
taxes relating to the five most recent tax years.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
2009 Legislative Priorities
AGENDA DATE:
August6,2008
ACTION: X
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Receive Board input on and approval of the
proposed 2009 Legislative Priorities to be submitted
to the T JPDC and V ACo
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: YES
REVIEWED BY:
~
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Bowman, Blount
LEGAL REVIEW: Yes
BACKGROUND:
In July 2007, the Board of Supervisors approved the County's 2008 Legislative Priorities that were then submitted to the
Thomas Jefferson Planning District Commission (T JPDC) and Virginia Association of Counties (V ACo). In October 2007, the
Board approved the T JPDC's legislative program that incorporated the County's 2008 Legislative Priorities. The General
Assembly convened in January 2008, completed its regular session in April and held a special session on transportation in
June and July. Staff is providing this executive summary to receive the Board's input and approval before submitting the
proposed 2009 Legislative Priorities (Attachment A) to the TJPDC and VACo.
STRATEGIC PLAN:
Strategic Goals: Enhance Quality of Life for all Citizens; Protect the County's Natural, Scenic and Historic Resources;
Develop Policies and Infrastructure Improvements to Address the County's Growing Needs; Effectively Manage Growth and
Development; Fund the County's Future Needs.
DISCUSSION:
For information on how the County's 2008 Legislative Priorities fared in the legislature, please see the "2008 Legislative
Priorities Report (Attachment B)." The report details any action taken on priorities, an assessment of what priorities should be
continued in the future and links to the final legislative reports of the T JPDC, V ACo and Virginia Municipal League (VML).
In response to legislative and funding actions in recent General Assembly sessions, staff proposes new priorities for 2009
regarding impact fee authority and drug court funding. In the coming months, as the Metropolitan Planning Organization's
(MPO) regional transit authority study continues, it may be appropriate to add a priority supporting enabling legislation to
create a regional transit authority once the details of such an authority are resolved. After the Board's input and approval,
staff will submit the adopted priorities to the T JPDC and V ACo for consideration into their respective legislative programs.
The 2009 T JPDC Legislative Program will return to the Board in the fall for further input and approval.
BUDGET IMPACT:
Should the state provide additional funding for the County's "Child Care for Low Income Working Families" priority, a local
match will be required. Beyond that priority, there are no specific, identifiable budget impacts, although the County's
legislative priorities seek to ensure the state adequately funds its mandated responsibilities and does not jeopardize the
County's ability to effectively and efficiently implement the policies (including fiscal) and programs that it deems necessary.
RECOMMENDATIONS:
Staff recommends the Board approve the proposed 2009 Legislative Priorities (Attachment A), and any additions it feels are
appropriate, for submission to the T JPDC and V ACo.
ATTACHMENTS
Attachment A - Proposed 2009 Leqislative Priorities
Attachment B - 2008 Leqislative Priorities Report
ATTACHMENT A
Albemarle County 2009 Legislative Priorities - Proposed
Growth Manaaement. Land Use and Transportation
. Local Authority: Request that the legislature 1) strengthen localities' authority by enabling them to utilize adequate public
facilities ordinances; and 2) not pass legislation that preempts or circumvents existing local authority to regulate land use.
. Impact Fee Authority: Request that the legislature support impact fee legislation that allows for 1) a fair allocation of costs
representing a "pro-rata" off-set of new growth on public facilities; 2) impact fees for facility costs related to transportation,
schools, fire, police, emergency medical services, libraries, stormwater management, open space and parks/recreation
lands; 3) effective implementation through simple locally-based formulae and reasonable administrative requirements; 4)
does not cap or limit localities' impact fee updates; and 5) does not diminish the existing proffer system.
. Conservation Easements: Request the legislature support and augment local efforts in natural resource protection
through 1) Continuing to fund the Virginia Land Conservation Foundation (VLCF) for locally established and funded
Purchase of Development Rights programs (e.g. ACE Program in Albemarle County); 2) Retaining provisions in transient
occupancy tax legislation so that funds can continue to be used to protect open-space and resources of historical, cultural,
ecological and scenic value that attract tourism; and 3) Increase incentives for citizens to create conservation easements.
. Scenic Protection and Tourist Enhancement: Request enabling legislation for an Albemarle County to provide for a
scenic protection and tourist enhancement overlay district. As the County pursues options to protect the visual quality of
land as an aesthetic and economic resource, this legislation would provide a method to ensure full consideration of visual
resources and scenic areas when the County or state makes land use decisions in designated areas.
. Transportation Funding: Request the legislature 1) Establish stable and consistent state revenues for Virginia's long-term
transportation infrastructure needs; 2) Direct funding efforts at all transportation modes; 3) Coordinate planning for
transportation and land use, being mindful of local Comprehensive and regional Transportation Plans when planning
transportation systems within a locality; and 4) Not shift transportation responsibilities, including maintenance, to localities.
Health and Human Services
. Comprehensive Services Act (CSA): Request the legislature assist localities' implementation of CSA in a consistent,
financially stable manner by: 1) Fully funding the state pool for CSA with allocations based on realistic anticipated levels of
need and a cap on local expenditures for serving a child through CSA; 2) Enhancing state funding for grants to localities to
create community-based alternatives for children served in CSA; 3) Establishing state contracts with CSA providers to
provide for a uniform contract management process, improve vendor accountability and control costs; and 4) Encouraging
the state to be proactive in making service providers available and to support local and regional efforts to address areas of
cost sharing among localities by procuring services through group negotiation.
. Child Care for Low Income Working Families: Request the legislature provide additional funds to local governments to
assist low-income working families with childcare costs. This funding helps working-class parents pay for supervised day
care facilities and supports efforts for families to become self-sufficient.
Local Government Administration and Finance
. Full Funding of State Mandates: Request the state provide full funding for its mandates in all areas of local government
including the Standards of Quality (SOQs), positions approved by the Compensation Board, costs related to jails and
juvenile detention centers and human services positions.
. Local Control of Local Revenues: Request the legislature take no action to restrict or limit the existing local control of
local revenues so that local government leaders can take appropriate measures to generate sufficient revenues to sustain
and improve services.
. Drug Court Funding: Request the legislature fully fund the Drug Court Program, which provides effective treatment and
intensive supervision to drug offenders through the Circuit Courts of several Virginia localities.
. Cost to Compete Pay Differential: Due to the documented high cost of living in Albemarle County, request the legislature
include Albemarle County Schools in the "Cost to Compete Pay Differential" so that the County may reach and maintain
competitive compensation to help recruit, develop and retain a highly qualified and diverse teacher workforce.
Attachment B - 2008 Legislative Priorities Report
This report summarizes action taken regarding Albemarle's 2008 Legislative Priorities. This report will often cite information
from the final legislative reports of the Thomas Jefferson Planning District Commission (T JPDC), Virginia Municipal League
(VML), and Virginia Association of Counties (VACo). For these organizations' complete reports that provide a thorough
overview of local government impacts beyond Albemarle's priorities, please use the links below.
T JPDC: http://www.tipdc.oralliaison/finaIReport.asp
V ACo: http://apP.bronto.com/public/?a=preview messaQe&fn=Link&id=2bxtepw912VQ 1 kkvdf547in5xupk&ssid=205&t=3
VML: http://www.vml.orQ/LEG/08LeaRpt/08LeQReport.pdf
Growth Manaaement. Land Use and Transportation Priorities
Priority: Local Authority - Request that the legislature further facilitate the HB 3202 legislation recently signed into law
through: 1) Modifying the transportation impact fee authority to allow for its more effective implementation; 2)
Strengthening localities' authority by enabling them to utilize adequate public facilities ordinances and other
impact fees in addition to transportation; and 3) Not passing legislation that preempts or circumvents existing
local authority to regulate land use.
Summary: Numerous bills were introduced related to this priority; among the most notable was SB 768, which was
continued to the 2009 General Assembly. This bill would have replaced the current cash proffer system with a
cumbersome impact fee process and provided funding for only roads, schools and public safety facilities. The
legislation also proposed to cap impact fees at an artificially low amount and imposed limits on the ability of all
counties to accept most off-site, non-cash proffers (Source: VACo). Also of note was HB 991, which was
introduced by Del. Bell and approved by the legislature and Governor. This bill permits the severance and
transfer of development rights from a sending property without requiring those rights to be immediately affixed to
a receiving property. This authority applies only to Albemarle County, expires in 2012 and does not become
effective unless or until the County adopts an ordinance implementing the bill's provisions (Source: T JPDC).
Proposal: Staff recommends this remain a County priority. For the 2009 priorities, a priority will be added to separately
address impact fees and the issues with SB 768.
Priority: Conservation Easements - Request the legislature support and augment local efforts in natural resource
protection through 1) Continuing to fund the Virginia Land Conservation Foundation (VLCF) for locally
established and funded Purchase of Development Rights programs (e.g. ACE Program in Albemarle
County); 2) Retaining current provisions in transient occupancy tax legislation so that funds can continue to be
used to protect open-space and resources of historical, cultural, ecological and scenic value that attract tourism;
and 3) Increase incentives for citizens to create conservation easements.
Summary: The budget allocates $2 million in each year of the biennium to the VLCF for land acquisition purposes, which is
$1 million less each year than was in the introduced budget (Source: VACo). Albemarle's ability to utilize the
transient occupancy tax to support the ACE program was not affected by the 2008 General Assembly.
Proposal: Staff recommends this remain a County priority and has included it in the proposed 2009 priorities.
Priority: Scenic Protection and Tourist Enhancement - Request enabling legislation for an Albemarle County pilot
program to provide for a scenic protection and tourist enhancement overlay district. As the County pursues
options to protect the visual quality of land as an aesthetic and economic resource, this legislation would provide
the County with a method to ensure full consideration of visual resources and scenic areas when the County or
state makes land use decisions in designated areas.
Summary: No bill was introduced to address this priority in the 2008 session. Attempts to advance bills on this priority in
previous sessions have been unsuccessful, most recently in 2007, when a bill introduced by Sen. Deeds was
passed by in committee.
Proposal: Staff recommends this remain a County priority and has included it in the proposed 2009 priorities.
Priority: Transportation Funding - Request the legislature 1) Establish stable and consistent state revenues for
Virginia's long-term transportation infrastructure needs; 2) direct funding efforts at all transportation modes; 3)
Coordinate planning for transportation and land use, being mindful of local Comprehensive and regional
Transportation Plans when planning transportation systems within a locality; and 4) Not shift transportation
responsibilities, including maintenance, to localities.
Summary: The General Assembly held a special session on transportation in June and July, but adjourned without
approving any significant bills to address regional or statewide transportation issues.
Proposal: Staff recommends this issue be included in the 2009 priorities.
Health and Human Services Priorities
Priority: Comprehensive Services Act (CSA) - Request the legislature assist localities' implementation of CSA in a
consistent, financially stable manner by: 1) Fully funding the state pool for CSA with allocations based on
realistic anticipated levels of need and a cap on local expenditures for serving a child through CSA; 2)
Enhancing state funding for grants to localities to create community-based alternatives for children served in
CSA; 3) Establishing state contracts with CSA providers to provide for a uniform contract management process,
improve vendor accountability and control costs; and 4) Encouraging the state to be proactive in making service
providers available and to support local and regional efforts to address areas of cost sharing among localities by
procuring services through group negotiation.
Summary: No additional funds were included in the approved budget to provide additional state funding to localities for CSA
administrative costs, though Sen. Hanger and Del. Landes submitted budget amendments requesting this. No
legislation was introduced concerning state contracting with residential providers. SB 483 (Hanger) requires the
State Executive Council to oversee the development and implementation of uniform data collection and
performance standards for the CSA program and to oversee the development and distribution to local
community policy management teams of reports resulting from the collected data about children served and the
duration and cost of services (Source: T JPDC).
Proposal: Staff recommends this issue be included in the 2009 priorities.
Priority: Child Care for Low Income Working Families: Request the legislature provide additional funds to local
governments to assist low-income working families with childcare costs. This funding helps working-class
parents pay for supervised day care facilities and supports efforts for families to become self-sufficient.
Summary: The budget supplants portions of state general fund appropriations for the Comprehensive Health Investment
Project (CHIP), the Healthy Families, and community action agencies with federal Temporary Assistance to
Needy Families (TANF) funds (Source: TJPDC). A federal deficit reduction act two years ago means that more
TANF recipients must be in an approved work activity, driving a need for employment support and child care
services.
Proposal: Staff recommends this issue be included in the 2009 priorities.
Local Government Administration / Laws Priorities
Priority: Full Funding of State Mandates: Request the state provide full funding for its mandates in all areas of local
government including the Standards of Quality (SOQs), positions approved by the Compensation Board, costs
related to jails and juvenile detention centers and human services positions.
Summary: Unfunded mandates are an ongoing issue and due to the state's past actions and historical trends, it is unlikely
existing unfunded mandates will be funded by the state. As part of its approved budget, the General Assembly
reduced aid to localities by $100 million over the next two years. This is in addition to the reduction in aid to
localities made by the Governor last October that was carried forward in the introduced budget.
Proposal: Staff recommends this issue be included in the 2009 priorities.
Priority: Local Control of Local Revenues - Request the legislature take no action to restrict or limit the existing local
control of local revenues so that local government leaders can take appropriate measures to generate sufficient
revenues to sustain and improve services.
Summary: No bills were approved in the 2008 session that would restrict or limit existing local control of local revenues.
Proposal: Staff recommends this issue be included in the 2009 priorities.
Priority: Cost to Compete Pay Differential: Due to the documented high cost of living in Albemarle County, request the
legislature include Albemarle County Schools in the "Cost to Compete Pay Differential" so that the County may
reach and maintain competitive compensation to help recruit, develop and retain a highly qualified and diverse
teacher workforce.
Summary: No budget language or amendments were introduced for this priority. On a related issue, Del. Bell and Del.
Toscano each submitted budget amendments seeking to adjust Albemarle's local composite index to account
for the revenue sharing agreement with the City of Charlottesville. These budget amendments were not
approved.
Proposal: Staff recommends this issue be included in the 2009 priorities.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Star Swimming Request for Funding
AGENDA DATE:
August 6, 2008
SUBJECT/PROPOSAL/REQUEST:
Request from Star Swimming for County funding in
return for priority swimming times for County high
school swim teams.
ACTION: X
INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
REVIEWED BY:
~
f
STAFF CONTACT(S):
Messrs. Tucker, Elliott, Davis, Mullaney
ATTACHMENTS: Yes
LEGAL REVIEW: Yes
BACKGROUND:
Star Swimming of Charlottesville is a non-profit 501 (c) (3) organization established to advance competitive swimming
in the Charlottesville/Albemarle community. The Virginia Gators are an association of teams located in Charlottesville
and Roanoke which participate in USA Swimming sanctioned competition. The Fairview Swim and Tennis club is a
private non-profit club which provides recreational facilities for its members. The Virginia Gators of Charlottesville
practice year-round at the Fairview Swim and Tennis Club, but membership with Fairview is not a requirement for
swimming with the Gators. While the Star organization is affiliated with the Virginia Gators, its mission remains
independent of the Gators and includes interest in supporting the County high school competitive swim teams (see
Attachment B, pages 4 and 5).
Fairview is building a state-of-the-art 25 meter by 25 yard pool estimated to cost over $700,000. Star
Swimming/Gators are partnering with Fairview to add a two lane warmer water pool for lessons, water aerobics, and
other community needs. In addition, Star Swimming/Gators are raising funds to cover the pools for use in non-
summer months. The total cost of the improvements to be provided by Star Swimming/Gators is estimated at
$785,000 (see Attachment A, Slide 17).
Representatives of Star Swimming have approached County staff requesting that the Board of Supervisors consider a
one-time contribution of $500,000 in exchange for a long-term commitment to provide priority swim time for all three
high school swim teams. The County has tentatively included in its FY 2011/2012 Capital Improvements Program an
amount of $1,250,000 for the potential addition of competitive swim lanes to the YMCA facility to be built in Mcintire
Park. The County, City and YMCA executed a use agreement which included a provision requiring good faith
negotiations regarding the addition of competitive swim lanes in the YMCA facility; however those discussions, which
were to have occurred by May 20,2008, have not taken place.
STRATEGIC PLAN:
Goal 1: Enhance the Quality of Life for all Citizens.
Goal 3: Develop Policies and Infrastructure Improvements to Address the County's Growing Needs.
Goal 5: Fund the County's Future Needs
DISCUSSION:
Currently 2 of the 3 County high school swim teams are practicing until 1 0:00pm or later on school days with many
students arriving home after 11 :OOpm. With the closing of the Smith Pool beginning with the 2008-2009 season, it is
anticipated that all 3 County teams will be on this schedule. Until additional swim lanes are added either at the new
YMCA or Fairview, all competitive swim teams and fitness swimmers will be impacted by increased competition for
existing space. County staff believes the Star Swimming proposal is worthy of consideration by the Board. There
appear to be several benefits compared to the previous proposal regarding competitive swim lanes from the YMCA
(see Attachment A, slides 15 and 16).
The most significant benefits are:
1. Reduced capital investment.
2. Potential for more attractive guaranteed swim hours for all County high school teams.
3. No ongoing operating costs other than standard rental for pool time.
AGENDA TITLE: Star Swimming Request for Funding
August6,2008
Page 2
4. Completion date of September of 2009 vs. summer of 2010 or after for the YMCA.
A significant issue with the Star Swimming proposal is how to secure the County's capital investment in a partnership
agreement with a volunteer organization which is making improvements to a private club. This matter will need
thorough review by the County Attorney's Office including a review of any agreements between Star Swimming/Gators
and the Fairview Swim and Tennis Club. In addition, staff recommends a follow-up discussion with the YMCA
regarding additional competitive swim lanes at its proposed facility in Mcintire Park prior to making a final decision on
the Star Swimming proposal.
If the Board is interested in this alternative, coordination with the School Board will be necessary to evaluate the
proposal. Ultimately this may need to be structured as an agreement between the School Board and the Fairview
Swim and Tennis Club and its partners.
BUDGET IMPACT:
Star Swimming is requesting a one-time capital contribution of $500,000 (see Attachment B, page 2). There are
no ongoing operating costs associated with this request other than standard rental for pool time from schools.
RECOMMENDATIONS:
Staff recommends that the Board of Supervisors take the Star proposal under consideration pending the necessary
review by the County Attorney's Office, and direct the County Executive to appoint a negotiating team in conjunction
with the Albemarle County Schools to meet with representatives of the YMCA and Star Swimming and to recommend
a course of action.
ATTACHMENTS
Attachment A--Power Point
Attachment B--Star Swimminq Proposal
Star S~imming of
Chatlottesville
I
I
-
--.
"'-
....
t:';",::'
(11~
~
Fairview s~imming & Tennis Club
will build a n~w, state-of-the-art pool
in 2008-2~ yards by 25 meters-
ideal for su~mer & year-round use.
:
A New Aquatic
Facility to Serve
Albemarle
County High
School Swim
Teams
The Facility
. Fairview is building a state-of-the-art 25-
meter by 25-yard pool.
. Star SwimminglGators are partnering wi
Fairview to enclose pools for use in non-
summer months.
. Star SwimminglGators also will cover
costs of 2nd pool-a two-lane warmer-
water pool for lessons, water aerobics,
and other community needs.
. Represents the best type of community
partnership... but we need contributions
by government, corporations, and families
to make it happen.
Attachment A
1
More on the Facility
I
Star Swim~ing & the Virginia Gators
will raise funds to pay for associated
costs an aluminum-frame, removable
panel system to cover the pool in the
winter mo~ths and a second, warm-
wat~r instruction pool.
. A 25-meter by 25-yard main pool
- Advanced non-turbulent gutter and
filtration systems
- Yard pool for winter teams' (high
schools) use
- Meter pool for summer JSL teams'
use.
- Ten lanes
. Two-lane, warmer pool for lessons,
water aerobics, hydrotherapy, etc.
. A cost-efficient system for covering
facility in winter months.
. Digital scoreboard.
I
. Ability to Serve Needs of All Albemarle
County High School Swim Programs
· Priority swimming for each of the
three high schools
- Priority practice time for all three
schools within coveted hours of 4:00-
9:00pm
- Virtually unlimited availability for meets
on Tuesdays, Fridays, and Saturdays
- Could do so with limited disruption to
existing Gator programs
2
Locrl USA & High School Swim Teams
Program Current Facility Lane Hours Needed
CYAC Smith 6-8 lanes, 4 hours per day, 6 days per
week
Virginia Gato s Gator Dome 6 lanes, 5 hours per day, 6 days per week
CVA I ACAC 3 lanes, 4 hours per day, 6 days per week
ACAC Dolphins ACAC 6 lanes, 2 hours, 2 days per week
Albemarle H ACAC Albemarle 6 lanes, 1.5 hours, 4 days per week
W Albemarl HS Gator Dome 6 lanes, 1.5 hours, 4 days per week
Monticello H ACAC Downtown 6 lanes, 1.5 hours, 4 days per week
Charlottesvill HS Crow 6 lanes, 2 hours, 4 days per week
Covenant I ? 2 lanes, 1.5 hours, 3-4 days per week
SI. Anne's BEllfield Gator Dome 2 lanes, 1.5 hours, 2-3 days per week
William Monroe HS Gator Dome 2 lanes, 1.5 hours, 2-3 days per week
Orange HS Gator Dome 2 lanes, 1.5 hours, 2-3 days per week
T~e Situation for High Schools
1. Currently, two county high schools begin practices at 9:15pm with kids
arriving home at 11 :OOpm or later.
2. With the closing of Smith Pool, beginning with the 2008-2009 season,
Charlottesville HS and the three county schools will attempt to share
one viable option for meets, Crow Pool.
3. Crow Pool and ACAC have many other needs for their facilities. In the
case of Crow, Charlottesville HS & CYAC clearly will have priority; in
I the case of ACAC, its priority, understandably, will be for programs
I that serve its paying customers.
4. With Charlottesville HS and CYAC understandably having priority in
the new YMCA and with an abundance of other programs the YMCA
, will need to pay for its operations, it is difficult to envision how even
'one school will get practice time before 8:30 or 9:00pm... more than
one school getting practice time would appear impossible.
5. It appears safe to presume that any use of ACAC facilities will remain
I about the same, with schools being offered practice times no earlier
, than 9:00pm.
3
Weekday Schedule
2007 -2008 Season
Facility Available Hours Team Hours Lanes Days
Lanes Available Using Pool per
for Swim Week
Teams
Crow 6 lanes 4:00-9:00pm Charlottesville HS 4:00-6:00pm 6 5
Smith 6 lanes 4:00-9:00pm CYAC 4:00-8:30pm 6 5
Gator 6 lanes 4:00-10:30pm Virginia Gators 4:00-8:30pm 3-4 5
Dome William Monroe HS 5:30-7:00pm 2 2
Orange HS 5:30-7:00pm 2 2
SI. Anne's 4:00-5:30pm 2 2
W Albemarle 8:30-10:00pm 6 4
ACAC I 6 lanes 9:15-10:30pm Albemarle HS 9:15-10:30pm 6 4
Albemarle !
Square'"
ACAC I 4 lanes 9:15-10:30pm Monticello HS 9: 15-1 0:30pm 4 4
Downtown'" i
. As we understand it, the CVA team is small enough that its practices occur alongside other ACAC programming
Weekday Schedule
S
I 2008-2009 eason
Facility I Available Hours Team Hours Lanes Days
Lanes Available Using Pool per
for Swim Week
Teams
Crow 6 lanes 4:00-9:00pm Charlottesville HS 4:00-6:00pm 6 5
CYAC 4:00-8:30pm 6 5
Smith CLOSED
Gator Dome 6 lanes 4:00-1 0:30pm Virginia Gators 4:00-8:30pm 3-4 5
William Monroe HS 5:30-7:00pm 2 2
Orange HS 5:30-7:00pm 2 2
SI. Anne's 4:00-5:30pm 2 2
W Albemarle 8:30-1 0:00pm 6 4
ACAC 6 lanes 9:15-10:30pm Albemarle HS 9:15-10:30pm 6 4
Albemarle
Square
ACAC 4 lanes 9:15-10:30pm Monticello HS 9: 15-1 0:30pm 4 4
Downtown
4
20091 & Beyond: Guaranteed Priority Practice
Ti e for Albemarle County High Schools
High School Practices
Albemarle 4-5:30pm
W. Albemarle 5:30-7:00pm
Monticello 7-8:30pm
Gator Practices
Senior group 5:30-7:30am
Bronze group 4-5:00pm
Gold group 5-7:00pm
Silver group 7-8:30pm
Th Numbers Don't Add Up for Albemarle High
Schools at the New YMCA
The new YMCA certainly will
be a wonderful addition to our
community, but it will do little
to solve the problem of
county high schools practices
taking place late at night At
six lanes, or even at 8-10
lanes, Charlottesville HS has
priority use from 4-6:00pm;
CYAC team would need
MINIMUM of three hours for
its practices (and that's not
enough).
There appears to be no room
for county teams earlier than
9:00pm.
For a fraction of the $1 million
plus we understand the
county has earmarked for the
YMCA aquatic facility, we can
deliver a lot more to high
school swim teams.
CHO HS
CYAC
4-6:00pm
6-9:00pm
5
Scenario One
· Under existing configuration of Gator team,
we could service all high schools from 4-
8:30pm without any disruption to our program
5:30-7:30am
4:00-5:30pm
5:30-7:00pm
7:00-8:30pm
i
Lanes 1-6
Gator Gold
Albemarle
WAHS
Monticello
Lanes 7-12
Empty
Gator Bronze
Gator Gold
Gator Silver
Scenario Two
· Possibilities include allowing high school(s) to
consider morning practices, for one or more
to have two practice options and/or for two
high school teams to practice simultaneously.
5:30-7:30am
4:00-6:00pm
6:00-8:00pm
7:00-8:30pm
!
Lanes 1-6
Gator Gold
Gator Gold
WAHS
Gator Silver
Lanes 7-12
Albemarle A
Albemarle B
Gator Bronze
6
I
The Costs
I
i25-meter by 25-yard competition pool
I
Fairview's Responsibility
$700,000+
2-lane, 25-yard instructional pool
I _ Paddock Pools
IArchitecture
Aluminum-framed, vinyl-paneled enclosure
I
: - HTS Structures
'Commercial grade, air-exchange system
Digital scoreboard
TOTAL
$195,000
$ 40,000
$400,000
$100,000
$ 50,000
$785,000
I
I About Star Swimming
· Star Swimming is a non-profit, 501 (c)3
organization established to advance
competitive swimming in the
Charlottesville/Albemarle community.
While the Star organization is affiliated
with the Virginia Gators, its mission
remains independent of the Gators. As
such, contributions to Star Swimming are
considered charitable/tax-deductible.
9
Attachment B
imminu
7/18/2008
Pat Mullaney
Director
Albemarle Parks & Recreation
Room 118
401 Mcintire Road
Charlottesville, VA 22902
Dear Pat:
Thank you for considering our proposal for a public-private partnership between Star
and Albemarle County. By creating a new indoor swim facility we will be able to
address the needs of Albemarle County High School swimming and other competitive,
therapeutic, and recreational aquatic needs of Albemarle residence.
Included in this proposal are the following:
. A Partnership Proposal
. Description of Facility
. Economic Impact Estimate
Should you have any questions or need further information, please feel free to contact
me. Thank you for your assistance.
Warm regards,
David R. Phillips, Trustee
Star Swimming
434-981-8088
Dave@caar.com
Partnership Proposal
Partners
The proposed partnership is between Albemarle County and Star Swimming. Star has
also partnered with Fairview Swim and Tennis Club to lease the facility nine months out
of the year. Star has a 99 year lease with Fairview from Labor Day to Memorial Day
each year.
Benefits to County
Albemarle County will benefit by receiving prime use of this facility for all three High
School swim teams and other county activities as negotiated. The county will have no
on-going maintenance or facility costs and usage fees for High School teams will be
negotiated as part of the agreement.
Benefits to Star
Star will benefit from an increase in number of swim lanes to support the activities of our
premier program - the Virginia Gators - and other programs such as Special Olympics,
Swim Gym, Learn to Swim and others. In addition, this structure will be significantly
more energy efficient than the current bubble structure used for the program.
Cost to County
As proposed, the cost to the county will involve a capital investment of $500,000. This
could be paid as a lump sum or over 5 years. No additional operational costs will be
needed from the County. There are significant cost savings for the County and the
County schools. In addition, there are economic benefits to the County as estimated
later in this proposal.
Cost to Star
The total cost of this project is just under $1.5 million. Star has already obtained
partnership and sponsorship agreements to cover more than half of the total costs.
Additional fundraising and financing options are being evaluated to fund the balance of
the project (estimated at $150,000 assuming County participation as proposed).
Duration of Partnership
The duration of the partnership between the County and Star is negotiable. The facility
will be completed by the Fall of 2009 in time for the High School swim season.
I
High School Meets
· Our new pool would provide a wide range of
options for local high schools to host regular-
season as well as championship meets.
- District meets
- Regional meets
· District & regional meets would be of
substantial benefit to local economy
- Restaurants
- Hotels
- Shopping
I
!
Why the Investment Makes
Sense for Albemarle County
· We're asking for one-time contribution that is
substantially less than other options.
· We will provide priority swim time for all three
high school swim teams.
· We will provide practically unlimited opportunity
for local high schools to host meets up to and
including district & regional meets.
· Gators/Star Swimming will be willing to sign on
to long-term commitment to high schools
· With funds in hand, our facility will be ready no
later than September 2009
7
Why the Investment Makes
Sense for Albemarle County
· We ask only for one-time capital contribution, no
ongoing operational costs other than standard
rental for pool time from schools.
· Pool will be ten lanes plus two-lane warm-up,
meaning meets move faster and provide a nicer
experience than smaller pools w/ no warm-
up/warm-down option during meet.
· Facility is centrally located and will be in Albemarle
County.
· Mission-Star Swimming/Gators exist exclusively
to advance competitive swimming in Albemarle.
How Can Star Swimming Make this
Commitment to High Schools?
1. We operate exclusively to advance competitive
swimming... that is our first order of business, so
other programs are of lesser priority.
2. High school practices can occur alongside Gator
practices with no disruption to the Gators.
3. The Gators make wide use of early-morning pool
time, which allows, among other things, for less
crowded lanes in the afternoon and evening.
4. Many Gator swimmers also swim on the county
high school teams; we'd like to see them get to
bed at a reasonable hour.
,
I
I
8
Summary Budget
25-meter by 25-yard competition pool
2-lane, 25-yard instructional pool
Arch itectu re
TOTAL
$700,000
$195,000
$ 40,000
$400,000
$100,000
$ 50,000
$1,485,000
Aluminum-framed, vinyl-paneled enclosure
Commercial grade, air-exchange system
Digital scoreboard
Economic Impact of Star Swimming's
New Aquatic Facility on the Albemarle Community
Purpose
By the fall of 2009, Star Swimming will be ready to introduce its new aquatic facility to
the Albemarle community. In addition to meeting the needs of the community for
recreational swimming and competitive swimming, the facility will have a measurable,
positive impact on the local economy.
The most substantial impact to the local economy from the facility will come from the
Virginia Gators' ability to host large-scale meets in Albemarle County for the first time.
Designed entirely for competitive swimming, the new pool is likely to be the fastest 25-
yard pool for swim meets in the state of Virginia and will be promoted as such. This will
allow the Gators to host meets that bring hundreds of families to Albemarle County for
two and three days at a time from all parts of Virginia, as well as neighboring states.
Moreover, the ability for local high schools to host meets for the first time in Albemarle
County, particularly district and regional meets, will bring a large number of visitors to
the community 10 to 12 times each swim season.
Below, we have quantified the economic impact of the new facility. Overall, we
anticipate the direct financial impact on the community to be more than $300,000
annually and more than $3 million over the next 10 years.
The Phenomenon of Competitive Swimming
First of all, a bit of background on competitive swimming: There is no specific
demographic or psychographic data available on swim families in Virginia; however,
with the direct costs associated with competitive swimming at more than $2,000 per
swimmer each year, those families participating in the sport typically fall into the upper-
middle-income or upper-income category. This is a coveted group from a retail
marketing perspective, a group that has large amounts of disposable income and a
willingness to spend it on lodging, meals, entertainment, shopping, and other travel-
related expenses, particularly when it comes to the activities of their children.
The USA Swimming clubs in Albemarle County, of which there are three, fall under
jurisdiction of "Virginia Swimming," which is our "local swimming committee" (LSC). This
is important because almost all of the swim clubs in our LSC are an hour's drive or more
from Albemarle County and, as a result, most of the swimmer's families who attend
meets here would require overnight accommodations. Indeed, any Albemarle families
who are invested in USA Swimming can verify that they have spent many nights in
locations such as Radford, Lynchburg, Roanoke, Manassas, and Newport News.
Meets in Albemarle County would require overnight accommodations for a majority of
the swim families participating in USA Swimming meets here. Our location is a strategic
asset since it is so centralized within the state. In fact, one of the reasons the Gators
have been provided the honor of hosting a championship meet by Virginia Swimming
each March is because of the centralized location of Charlottesville (the meet has taken
place at the UVA Aquatic & Fitness Center). Also worth noting is that we often see
teams from other neighboring states such as West Virginia and North Carolina attend
our meets. (We actually had a team from Florida inquire about our last championship
meet). We expect the new facility will draw even more out-of-state teams to our meets.
Last, another interesting difference between swimming and other sports is that there are
large amounts of "down time" between sessions, which provides a great deal of time for
visiting swim families to explore the community for meals, shopping, and entertainment.
Why the New Facility Will Be a Draw for Competitive Swim Meets
Within the greater Charlottesville/Albemarle region, there is exactly one pool that
qualifies as a "fast pool" by competitive swimming standards, and that is the UVA
Aquatic & Fitness Center. While UV A has been more than generous in renting its facility
for swim meets, it is only willing to do so when students are on break.
Outside of UVA, there is not a true competition-grade pool- either indoor or outdoor-
within an hour of Albemarle County. What makes a pool "competition-grade?" First of
all, it requires a filtration and circulation system that absorbs as much of the turbulence
created by swimmers as possible - this requires a gutter system (rather than skimmers
as you see in most pools) and a surge tank as well as state-of-the-art starting blocks
and wall surfaces that are conducive to fast turns. Another feature that makes a pool
competitive-grade, which even UVA does not have, is a uniform depth. The new Star
Swimming facility will have a uniform depth of six feet in addition to the other
aforementioned features.
There is not another pool in the state of Virginia of which we know that will have both a
uniform depth and all of the other features that make a pool competitive-grade. Beyond
that, the new facility will have a warm-up/warm-down pool that any serious facility must
have. In short, coaches and swimmers will know that the new Star Swimming facility will
have a pool in which they are likely to achieve some of their fastest times. Such overall
features will quickly earn the pool a reputation as one of the fastest pools in the state of
Virginia and meets at the new facility will be well attended.
As background, when the Virginia Gators hosted the Senior Champs meet in February
of 2008, nearly 800 swimmers registered for the event. This is a championship-caliber
meet with highly competitive qualification times for swimmers generally 15 years of age
or older, meaning the number of potential swimmers for the meet is artificially reduced.
Meets that are open to swimmers of all ages and which do not have such restrictive
qualification times therefore provide a larger base of swimmers to target for meets, even
if those same meets might not have the same allure as a championship meet. Bottom
line: Registering 500 swimmers for a meet at this new facility, two-thirds of whom will
come from more than hour away and thus require overnight accommodation-is
eminently achievable.
The Assumptions
In order to quantify the economic impact of swim meets on the local economy, we need
to accept a series of assumptions about swimmers and their families, which we are
comfortable classifying as reasonable, or even conservative, assumptions:
· Each meet will register 500 swimmers, two-thirds of whose families, 335, will
arrive from enough of a distance to require overnight accommodations;
. We will presume two-thirds of out-of-town swimmers have siblings swimming at
the meet, and that one-third does not;
. At that ratio, we have 223 families at the meet - 112 out-of-town families have
multiple swimmers at the meet; 111 out-of-town families have a single child (224
swimmers have swimming siblings at the meet; 111 do not);
· Each family will bring 1.75 people other than the swimmers to the meet (parents,
grandparents, non-swimming siblings, etc.), which means there will be 669 out-
of-town visitors representing the swimmers and their families;
. We also estimate there to be 15 out-of-town coaches and ten out-of-town meet
officials at each meet, each of whom would be in town three nights for a three-
day meet and two nights for a two-day meet;
· Overall, each meet will bring 223 out-of-town families and a total of 669 out-of-
town visitors to Albemarle County.
· At three-day meets, one-third of out-of-town swim families will require three
nights of accommodation; one-third will require two nights of accommodation;
one-third will require one night of accommodation;
· At two-day meets, one-half of out-of-town swim families will require two nights of
accommodation; one-half will require one night;
. In all cases, each family will require only one room for accommodation.
Meet Schedule
Each year, we can safely presume that the Gators will be able to host two meets - one
two-day meet and one three-day meet. Beyond that we are likely to hold a second, two-
day meet every other year. All three meets will draw 500 swimmers - 250 12-and-under
swimmers in one session (morning or afternoon) and 250 13-and-older swimmers in the
other session (morning or afternoon). Because the pool will have ten lanes,
accommodating 250 swimmers in a morning or afternoon session is well within the
capacity of the facility. In fact, many summer Jefferson Swim League meets in
Albemarle County now exceed that number of swimmers with only six lanes.
Economic Impact of USA Swimming Meets
Using the numbers cited above, below we estimate the economic impact of Gator swim meets
at the new facility below.
Meet #1 - Annual Three-Day Meet
500 Swimmers; 335 out-of-town swimmers; 223 out-of-town families
(1/3 stay three nights; 1/3 two nights; 1/3 one night)
Accommodations
(445 room nights @ $107/night)
Coach/official accommodations (75 room nights @ $107/night)
Total Accommodations
Local Hotel Tax (5%)
Meals
448 for two days (@ $23.50 a day)
221 for three days (@ $23.50 a day)
Coaches & officials, 25 for three days (@ $12.00 per dinner)*
Total Meals
* coaches & officials normally eat breakfast & lunch at meet
Alb County Meals Tax
Gasoline
111 out-of-town families & 12 coaches/officials fill
up tank in Albemarle County
Average of 15 gallons @ $3.95 a gallon
Entertainment
One-third of 694 visitors attend one movie or its equivalent
Average ticket price ($7.50) plus snacks ($4.00) = $11.50
Shopping
Each visitor spends $15 per day
448 for three days ($15 x 3)
221 for two days ($15 x 2)
Costs to Prepare for Meet (spent locally)
Concessions
Printing
T-shirts
Misc.
Total Estimated Impact on Local Economy
$47,615.00
$ 8.025.00
$55,640.00
$ 2,782.00
$21,056.00
$15,580.50
$ 900.00
$37,536.50
$ 1,501.46
$ 7,287.75
$ 7,981.00
$20,160.00
$ 6.630.00
$26,790.00
$ 2,000.00
$ 2,000.00
$ 4,000.00
$ 2,000.00
$10,000.00
$149,518.71
Meet #2 - Annual Two-Day Meet
500 Swimmers; 335 out-of-town swimmers; 223 out-of-town families
(1/2 stay two nights; 1/2 one two night)
Accommodations
(334 room nights @ $107/night)
Coach/official accommodations (50 room nights @ $107/night)
Total Accommodations
Local Hotel Tax (5%)
Meals
334 for one-and-a-half days (@ $23.50 a day)
335 for two days (@ $23.50 a day)
Coaches & officials, 25 for two days (@ $12.00 per dinner)*
Total Meals
* coaches & officials normally eat breakfast & lunch at meet
Alb County Meals Tax
Gasoline
111 out-of-town families & 12 coaches/officials fill
up tank in Albemarle County
Average of 15 gallons @ $3.95 a gallon
Entertainment
One-third of 694 visitors attend one movie or its equivalent
Average ticket price ($7.50) plus snacks ($4.00) = $11.50
Shopping
Each visitor spends $15 per day
669 for two days ($15 x 2)
Costs to Prepare for Meet (spent locally)
Concessions
Printing
T-shirts
Misc.
Total Estimated Impact on Local Economy
Meet #3 - Same Specifications as Meet #2, but hosted bi-annually
$35.378.00
$ 5.350.00
$40,728.00
$ 2,036.40
$11,773.50
$ 7,872.50
$ 600.00
$37,536.50
$ 1,501.46
$ 7,287.75
$ 7,981.00
$20,070.00
$ 2,000.00
$ 2,000.00
$ 4,000.00
$ 2,000.00
$10,000.00
$127,141. 11
Total Estimated Impact on Local Economy
Divided by Two $ 63,570.55
Total Annual Impact on Local Economy
$340,230.37
Economic Impact of High School Swim Meets
In addition to the substantial savings that local families and taxpayers will see when high school
swim teams do not have to travel as often to away meets with the new facility, there will be
some positive impact on the local economy as well from high school swim meets. Most notably,
the new facility will be capable of hosting meets up to and including a Triple-A district meet, for
Albemarle andlor a Double-A regional meet. As single-day events, they don't have the same
level of impact as two- or three-day USA Swimming meets, and in attempting to calculate the
impact, the number was small enough and enough guesses had to be made that it didn't seem
worthwhile to include the numbers. The guess is that a meet as described above would bring
somewhere between $20 and $25,000 to the local economy.
However, the cost savings to Albemarle County will be approximately $3 million since it will not
need to build indoor swim facilities for its three high school teams.
Current local Swim Programs and FacililV Needs
Program Current FacililV Lane Hours Needed
CYAC Smith 6-8 lanes. 4 hours per day. 6 days per week
Virginia Gators Gator Dome 6 lanes, 5 hours per day. 6 days per week
CIA ACAC 3 lanes. 4 hours per day. 6 days per week
ACAC Dolphins ACAC 6 lanes. 2 hours. 2 days per week
Albemarle HS ACAC Albemarle 6 lanes. 1.5 hours. 4 days per week
W. Albemarle HS Gator Dome 6 lanes. 1.5 hours. 4 days per week
Monticello HS ACAC Downtown 6 lanes. 1.5 hours. 4 days per week
Charlonesville HS Crow 6 lanes. 2 hours, 4 days per week
Covenant it 2 lanes. 1.5 hours, 3-4 days per week
St hne's Belfield Gator Dome 2 lanes. 1.5 hours. 2-3 days per week
William Monroe HS Gator Dome 2 lanes. 1.5 hours. 2-3 days per week
Orange HS Gator Dome 2 lanes. 1.5 hours. 2-3 days per week
COUNTY OF ALBEMARLE
APPROPRIATION
APP#
DATE
BATCH#
2008078
EXPLANATION:
Education Donation
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT
2 2000 18100 181109 Donation J 2 500.00
2 2000 18100 181109 Donation J 2 (5,500.00)
2 9010 18110 181129 Contribution - WAHS Rowing J 2 5,500.00
1 2111 61336 580000 Misc. Expense/Science 500.00
1 2302 61105 800100 Mach/Equip-New (5,500.00)
1 9010 71032 800605 CIP - Boathouse/Dock 5,500.00
2000 0501 Est. Revenue 500.00
0701 Appropriation 500.00
2000 0701 Appropriation 5,500.00
0501 Est. Revenue 5,500.00
9010 0501 Est. Revenue 5,500.00
0701 Appropriation 5,500.00
TOTAL 1,000.00 11,500.00 11,500.00
PREPARED BY:
BD. OF SUPV APPROVAL:
ACCT. APPROVAL:
ENTERED BY:
Brenda Neitz
Ella W. Jordan
DATE:
DATE:
DATE:
DATE:
7/1/2008
8/6/2008
COUNTY OF ALBEMARLE
APPROPRIATION
APP#
DATE
BATCH#
2008079
CCF Grants - Foothills Child Advocacy Center
EXPLANATION:
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT
2 1569 24000 240545 Va. Dept of Health J 2 12,500.00
1 1569 53157 550100 TravellTraining J 1 12,500.00
1569 0501 Est. Revenue 12,500.00
0701 Appropriation 12,500.00
2 1570 33000 330001 Federal Revenue J 2 25,000.00
1 1570 53159 110000 Salaries - Regular J 1 18,025.02
1 1570 53159 210000 FICA J 1 1,282.73
1 1570 53159 221000 VRS J 1 2,324.70
1 1570 53159 231000 Health Insurance J 1 3,076.50
1 1570 53159 232000 Dental Insurance J 1 111.68
1 1570 53159 241000 VRS Group Life J 1 179.37
1570 0501 Est. Revenue 25,000.00
0701 Appropriation 25,000.00
2 1569 51000 512006 Transfer from Grants J 2 5,314.00
1 1569 53157 110000 Salaries J 1 4,907.48
1 1569 53157 210000 FICA J 1 406.52
1 1578 93010 930200 Transfer to Grants J 1 5,314.00
1 1578 53160 312210 Contract Services J 1 (5,314.00)
1569 0501 Est. Revenue 5,314.00
0701 Appropriation 5,314.00
TOTAL 85,628.00 42,814.00 42,814.00
PREPARED BY:
BD. OF SUPV APPROVAL:
ACCT. APPROVAL:
ENTERED BY:
Brenda Neitz
Ella W. Jordan
DATE:
DATE:
DATE:
DATE:
7/1/2008
8/6/2008
COUNTY OF ALBEMARLE
APPROPRIATION
APP#
DATE
BATCH#
2008080
EXPLANATION:
Fire Rescue Donations
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT
2 8405 18000 181114 Donations J 2 4,941.13
1 8405 93010 930009 Transfer to G/F J 1 4,941.13
2 1000 51000 512008 Transfer from Contribution Fd J 2 4,941.13
1 1000 32012 600000 F/R - Training - Materials/Supp J 1 540.07
1 1000 32013 600000 F /R-P revention-Materials/Supp J 1 1,120.80
1 1000 32015 600000 F/R-Ops - Materials/Supplies J 1 2,686.50
1 1000 32016 601400 F/R- R & R - Other operating J 1 250.00
1 1000 32017 600000 F /R-Hollymead-Materials/Supp J 1 343.76
8405 0501 Est. Revenue 4,941.13
0701 Appropriation 4,941.13
1000 0501 Est. Revenue 4,941.13
0701 Appropriation 4,941.13
TOTAL 19,764.52 9,882.26 9,882.26
PREPARED BY:
BD. OF SUPV APPROVAL:
ACCT. APPROVAL:
ENTERED BY:
Brenda Neitz
Ella W. Jordan
DATE:
DATE:
DATE:
DATE:
7/2/2008
8/6/2008
COUNTY OF ALBEMARLE
APPROPRIATION
APP#
DATE
BATCH#
2008081
EXPLANATION:
Farmland Preservation Grant
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT
2 9010 24000 240767 State Grant Revenue J 2 403,220.00
1 9010 81010 580409 ACE Program J 1 403,220.00
9010 0501 Est Revenue 403,220.00
0701 Appropriation 403,220.00
TOTAL 806,440.00 403,220.00 403,220.00
PREPARED BY:
BD. OF SUPV APPROVAL:
ACCT. APPROVAL:
ENTERED BY:
Brenda Neitz
Ella W. Jordan
DATE:
DATE:
DATE:
DATE:
7/1/2008
8/6/2008
COUNTY OF ALBEMARLE
APPROPRIATION
APP#
DATE
BATCH#
2008082
EXPLANATION:
Education Donations and Grants
School Board Meetings 06/26/2008 and 07/10/2008
SUB LEDGER GENERAL LEDGER
TYPE FUND DEPT OBJECT DESCRIPTION CODE AMOUNT DEBIT CREDIT
2 2000 18100 181109 DONATION J 2 10,540.00
2 3107 33000 330106 GRANT REVENUE-FEDERAL J 2 7,757.46
1 2302 61105 800100 ATHL ACTIVITIES-EQUIP. NEW J 1 820.00
1 2203 61101 601200 BOOKS & SUBSCRIPTIONS J 1 100.00
1 2217 61101 601300 INST/REC SUPPLIES J 1 5,500.00
1 2214 61101 601300 INST/REC SUPPLIES J 1 4,120.00
1 3107 60000 312700 PROF. SER-CONSUL TANTS J 1 7,757.46
2000 0501 Est. Revenue 10,540.00
0701 Appropriation 10,540.00
3107 0501 Est. Revenue 7,757.46
0701 Appropriation 7,757.46
TOTAL 36,594.92 18,297.46 18,297.46
PREPARED BY:
BD. OF SUPV APPROVAL:
ACCT. APPROVAL:
ENTERED BY:
Brenda Neitz
Ella W. Jordan
DATE:
DATE:
DATE:
DATE:
7/22/2008
8/6/2008
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Proposed FY 2008 Budget Amendment
AGENDA DATE:
August 6, 2008
ACTION: X
SUBJECT/PROPOSAL/REQUEST:
Public Hearing on the Proposed FY 2008 Budget
Amendment in the amount of $3,761 ,869.21 and
request approval of amendment and of
Appropriation #2008078, #2008079, #2008080,
#2008081, and #2008082 to provide funding for
various local government, school, and capital
programs.
INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
STAFF CONTACT(S):
Messrs. Tucker, Foley, and Wiggans
LEGAL REVIEW: Yes
BACKGROUND:
The Code of Virginia 9 15.2-2507 stipulates that any locality may amend its budget to adjust the aggregate amount to
be appropriated during the fiscal year as shown in the currently adopted budget. However, any such amendment
which exceeds one percent of the total expenditures shown in the currently adopted budget must be accomplished by
first publishing a notice of a meeting and holding a public hearing before amending the budget. The Code section
applies to all County funds, i.e., General Fund, Capital Funds, E911, School Self-Sustaining, etc.
The total of these requested FY 2008 appropriations is $469,772.59. Combined with the appropriations approved
since the last budget amendment on October 3,2007, the cumulative appropriation total exceeds one percent of the
currently adopted budget requiring a budget amendment public hearing.
STRATEGIC PLAN:
Goal 5: Develop a comprehensive funding strategy/plan to address the County's growing needs.
DISCUSSION:
The proposed increase of this FY 2008 Budget Amendment totals $3,761,869.21. The estimated expenses and
revenues included in the proposed amendment are shown below:
ESTIMATED EXPENDITURES
General Fund
Special Revenue Funds
School Fund
School Program Funds
ECC Fund
Capital Funds
TOTAL ESTIMATED EXPENDITURES - All Funds
ESTIMATED REVENUES
Local Revenues (Fees, Contributions, Donations, Proffers)
State Revenue
Federal Revenue
Loan Proceeds
General Fund Balance
Other Fund Balances
TOTAL ESTIMATED REVENUES - All Funds
$ 410,591.04
$ 645,923.45
$ 339,033.19
$ 285,749.48
$ 405,037.00
$ 1 ,675,535.05
$ 3,761,869.21
$ 958,802.29
$ 1,268,598.86
$ 415,805.50
$ (955,850.00)
$ 124,480.91
$ 1 ,950,031.65
$ 3,761,869.21
AGENDA TITLE: Proposed FY 2008 Budget Amendment
August 6, 2008
Page 2
The budget amendment is comprised of fifty-one (51) separate appropriations, forty-six (46) of which have already
been approved by the Board as indicated below:
Approved November 7,2007:
· One (1) appropriation (#2008032) totaling $1,000.00 for a Click It or Ticket grant for the Sheriff's Department;
· One (1) appropriation (#2008033) in the amount of $339,000.00 funding ECC infrastructure costs for new
paging/toning system for the City, County, and University;
· Two (2) appropriations (#2008034 and #2008039) totaling $36,765.01 for school donations and programs;
· One (1) appropriation (#2008035) appropriating $300,000.00 in proffer revenue from North Pointe for
affordable housing;
· One (1) appropriation (#2008036) appropriating $46,889.77 in seized asset funds for the Police Department
and Commonwealth's Attorney Office;
· One (1) appropriation (#2008037) appropriating an additional $93,000.00 in grant funds for the Mint Springs
Handicapped Accessible Fishing project;
· One (1) appropriation (#2008038) totaling $168,069.00 for the Crisis Intervention Team Grant for Offender Aid
and Restoration; and
· One (1) appropriation (#2008040) totaling $65,000.00 for a Department of Criminal Justice Services grant to
CCF.
Approved December 5, 2007:
· One (1) appropriation (#2008041) totaling $34,926.00 for the Child Care Quality Initiative and Americorps
Program;
· One (1) appropriation (#2008042) in the amount of $5,210.00 for school donations and programs;
· One (1) appropriation (#2008043) totaling $19,000.00 for a Police Department grant; and
· One (1) appropriation (#2008044) appropriating $2,186.00 to the Regional Jail for additional State Criminal
Alien Assistance Program funds.
Approved February 6, 2008:
· One (1) appropriation (#2008045) in the amount of $14,226.00 for the FY07 State Criminal Alien Assistance
Program;
· One (1) appropriation (#2008046) totaling $177,168.32 for donations and grants to various school and school
capital projects;
· One (1) appropriation (#2008047) recognizing $1,094,709 in other revenue sources (proffers, grant, and
recovered costs) in the Capital Improvements Fund and reducing the anticipated General Government
borrowing and use of CIP fund balance;
· One (1) appropriation (#2008048) appropriating $17,806.00 in grant revenue for local government's share of
the Preschool Program at Red Hill;
· One (1) appropriation (#2008049) for a Click-lt-or-Ticket grant to the Sheriff's Department in the amount of
$1,500.00;
· One (1) appropriation (#2008050) totaling $48,500.00 for the Emergency Communications Center; and
· One (1) appropriation (#2008051) in the amount of $10,889.00 for additional grant funding for the Community
Corrections program.
Approved March 5, 2008:
· One (1) appropriation (#2008052) in the amount of $2,835.00 for donations to various school projects;
· One (1) appropriation (#2008053) totaling $77,576.00 for a grant received from the Virginia Recreation &
Trails Fund for the Rivanna Greenway - Free Bridge Connector;
· One (1) appropriation (#2008054) totaling $16,526.00 for a Department of Criminal Justice Grant received by
the Commission on Children and Families;
· One (1) appropriation (#2008063) providing $25,000.00 to the Advocates for a Sustainable Albemarle
Population from the Board's contingency; and
· One (1) appropriation #2008077) providing $5,000 to the Albemarle County Public Recreation Facilities
Authority.
Approved April 2, 2008:
· One (1) appropriation (#2008055) distributing $79,000.00 in salary contingencies to departments based on
current salary projections;
AGENDA TITLE: Proposed FY 2008 Budget Amendment
August6,2008
Page 3
. One (1) appropriation (#2008056) providing $32,631.21 from the General Fund Balance to the Voter
Registrar's Office to fund unanticipated one-time expenses relating to the November 2007 election and
moving of Voter Registration offices to COB 5th Street;
. One (1) appropriation (#2008057) totaling $5,000.00 for a Police Department grant;
. One (1) appropriation (#2008058) totaling $123,633.00 for the second Bright Stars Classroom at Cale
Elementary School; and
. One (1) appropriation (#2008059) in the amount of $93,036.01 for various School donations, programs, and
grants.
Approved May 7, 2008
. One (1) appropriation (#2008060) for five Police Department Grants totaling $64,986.81;
. One (1) appropriation (#2008061) providing $3,950.00 for training associated with stream buffer mitigation;
. One (1) appropriation (#2008062) totaling $107,802.00 for various School donations, programs, and grants;
. One (1) appropriation (#2008064) totaling $17,537.00 for Emergency Communication Center projects;
. One (1) appropriation (#2008065) providing $59,764.70 in funding to the Registrar's office from the General
Fund Balance for costs associated with the 2008 Presidential Primary elections; and
. One (1) appropriation (#2008066) in the amount of $600.00 to replace the Sheriff's Department game
enforcement decoy which was destroyed.
Approved June 4, 2008
. One (1) appropriation (#2008067) reallocating $40,000.00 from the Old Jail Facility Maintenance to fund ADA
upgrades to the Preston-Morris building;
. One (1) appropriation (#2008068) totaling $15,429.87 for a Police Department grant;
. One (1) appropriation (#2008069) reallocating $22,061.30 from the School's Maintenance Project capital
budget to fund its share of the storage facility lease through June 30, 2008;
. One (1) appropriation (#2008070) totaling $11,667.00 for the Teens Give Prevention Grant for the
Commission on Children and Families;
. One (1) appropriation (#2008071) for Education reappropriations totaling $213,698.00 which were approved
by the School Board on April 24, 2008;
. One (1) appropriation (#2008072) transferring available fund balance of $799,096.35 from the Debt Service
Fund to the Capital Improvements Fund;
. One(1) appropriation (#2008073) providing $305,000.00 in Glenmore Proffer revenue for improvements to the
Route 22/250 Intersection project;
. One (1) appropriation (#2008074) transferring $100,000.00 from the North Pointe proffer to the CIP to offset
cost of 29N Corridor Study previously funded from Transportation Planning funds;
. One (1) appropriation (#2008075) totaling $5,795.32 for Education donations; and
One (1) appropriation (#2008076) providing $20,000.00 in donated funds to construct a boat house and dock
at Beaver Creek.
The five (5) new appropriations are as follows:
. Two (2) appropriations (#2008078 and #2008082) totaling $18,797.46 Education donations and grants;
. One (1) appropriation (#2008079) totaling $42,814.00 for two Foothills Child Advocacy Center grants;
. One (1) appropriation (#2008080) using $4,941.13 from donations to Fire Rescue for printing expenses;
and
. One (1) appropriation (#2008081) recognizing $403,220.00 for the Farmland Preservation Grant.
A detailed description of these requests is provided on Attachment A.
RECOMMENDATIONS:
Staff recommends approval of the FY 2008 Budget Amendment in the amount of $3,761,869.21 after the public
hearing, and then approval of Appropriations #2008078, #2008079, #2008080, #2008081, and #2008082 to provide
funds for various local government, school, and capital projects and programs as described in Attachment A.
ATTACHMENTS
Attachment A
Attachment A
Appropriation #2008078
$ 500.00
Revenue Source:
Local Revenue
$ 500.00
At its meeting on June 12, 2008, the School Board approved the following appropriations:
Jack Jouett Middle School received a donation in the amount of $500.00 from the Monticello Bird Club. The
donor has requested that this contribution be used in the 6th grade Watershed Program.
Previously there was an appropriation of $5,500.00 to the Rowing Club at Western Albemarle High School.
These funds should have been appropriated into the capital improvements account to support the building of
the boathouse for the rowing club at Western Albemarle High School.
Appropriation #2008079
$ 42.814.00
Revenue Source:
State Revenue
Federal Revenue
Transfer from CCF Grant
$12,500.00
25,000.00
5,314.00
. The Virginia Department of Social Services has awarded the Foothills Child Advocacy Center additional
monies in the amount of $12,500 for continued training opportunities through the Children's Advocacy
Centers of Virginia, Southern Regional Children's Advocacy Center, and the National Children's
Alliance.
. The National Children's Alliance has awarded the Foothills Child Advocacy Center a grant in the
amount of $25,000.00 for salaries and benefits for a children's advocated coordinator. There is no local
match.
. The Foothills Child Advocacy Center currently employs a case manager who dedicated X of their time
to the Commission on Children and Families (CCF) for offenses involving juvenile offenders. CCF will
contribute $5,314.00 to assist in the payment of salaries and benefits for the case manager. These
funds will be provided by CCF through their Juvenile Accountability Block Grant (JABG). This is an
allowable expense under the JABG grant guidelines.
Appropriation #2008080
$ 4.941.13
Revenue Source:
Local Revenue (Donations)
$ 4,941.13
In 1998, an account was established to receive donations made to the Department of Fire Rescue for services
rendered to our residents/public. Staff has requested $4,941.13 of these funds be appropriated for materials
and supplies including pamphlets and forms for fire prevention programs, volunteer guides for new applicants
for recruitment, and banners and mailings associated with the new Hollymead Fire and Rescue station
opening.
Appropriation #2008081
$403.220.00
Revenue Source:
State Revenue
$403,220.00
The VA Department of Agriculture and Consumer Services (VDACS), Office of Farmland Preservation awarded
the Albemarle County ACE (Acquisition of Conservation Easements) program a grant of $403,220.00 to help
acquire an easement on the 228.500 acre Clayton Farm in Crozet. This is the first time VDACS has been able
to offer matching funds to help local PDR programs permanently preserve working farms and forest land.
Albemarle County was one of only fourteen localities in the state to receive matching funds from the Office of
Farmland Preservation and one of only eight to receive the maximum grant allowed. The Clayton Farm is a
working family farm with more than 6,700 feet of boundary along the Beaver Creek Reservoir, 124 acres of
"prime" farm and forestland, and over 1,500 feet along Route 240. In addition, it lies in the watershed of the
South Fork of the Rivanna River Reservoir and an easement eliminated 10 usable development rights.
ADDroDriation #2008082
$ 18,297.46
Revenue Source:
Local Revenue
Federal Revenue
$ 10,540.00
7,757.46
Western Albemarle High School received a donation in the amount of $820.00 from John and Myriam Pitts.
The donors have requested that their contribution go towards the needs in the athletic department at Western
Albemarle High School.
Crozet Elementary School received a donation in the amount of $100.00 from Mary McGee. The donor has
requested that this contribution go towards the Virginia Parrott Williams Library at Crozet Elementary School.
Title IV, Part A Safe and Drug Free Schools and Communities continues to provide funding to local school
divisions for operating substance abuse programs for students. The Albemarle County program provides
funding for the School Resource Office Program in the middle schools, in conjunction with the Albemarle
County Police Department; for substance abuse education materials in grades three, four, and five; for
mediation training for students and staff; and for a contract with Region Ten Community Services Board to
provide students assistance in conflict resolution, anger management and drug prevention. There is a fund
balance retained by the state from FY06/07 in the amount of $7,757.46 which may be reappropriated for
FY07/08. These funds will be used to pay Region Ten Community Services Board.
Baker Butler Elementary School received a donation in the amount of $5,500.00 from the Baker Butler PTO.
The donor has requested that this contribution be used to cover the needs in the K-5 Tutoring Program which
includes PALS at Baker Butler Elementary School.
Cale Elementary School received several donations totaling $4,120.00. Here is a list of donors with their
donations: Plow & Hearth donated $25.00, Tiger Fuel Company donated $75.00, Mountain Peek Company
donated $100.00, John & Kimberly Hermsmeier donated $837.00, S.T. & R.M. Van Epp donated $297.00,
Richard & Carole Price donated $297.00, Steven & Teresa Olson donated $297.00, Adam Slate donated
$297.00, Steven Van Epp donated $723.00, G. Wilson & Helen C. Miller donated $1,172.00. These donations
will be appropriated for use in FY07/08.
Kenneth C. Boyd
Rivanna
COUNTY OF ALBEMARLE
Office of Board of Supervisors
40 I McIntire Road
Charlottesville, Virginia 22902-4596
(434) 296-5843 FAX (434) 296-5800
Dennis S. Rooker
Jack Jouett
Lindsay G. Domer, Ir.
Scottsville
David L. Slutzky
Rio
Ann H. Mallek
White Hall
Sally H. Thomas
Samuel Miller
August 13,2008
Jeanette and Lowry D. Abell
4133 Cow Path Lane ..p
Charlottesville, VA 22901 "' ~
Dear Mr. an~lI: ~ ~ ur;
I am writing to thank you for your participation in the Moorman's River Agricultural/Forestal District.
These districts are a vital part of our efforts to protect Albemarle's farmlands, forests, and rural way
of life. The districts enable Albemarle government to determine what areas of the county are serious
about supporting that rural way of life so we can make more appropriate land-use decisions. The
districts also reassure rural landowners that there are enough other landowners with similar interests
to create a critical mass of support. Although there are not many tangible benefits to the
landowners, the intangible support for rural values is crucial in shaping the future of Albemarle
County.
The program could not exist without you and your fellow District members. Your commitment to
protecting our County's rural areas is greatly appreciated.
As you know, the Moorman's River Agricultural/Forestal District was recently reviewed by the Board
of Supervisors. On August 6, 2008, the Board added your property to the District. Of course we
welcome new additions to the Districts at any time. If you have neighbors who are interested in
joining a District, please have them call Scott Clark in our Community Development Department at
296-5832 ext. 3325.
Thank you again for your participation.
Sincerely,
~
Kenneth C. Boyd
Chairman
KCB/ewj
cc: Scott Clark
Stephanie Mallory
ORDINANCE NO. 08-3(2)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 3, AGRICULTURAL AND FORESTAL
DISTRICTS, ARTICLE II, DISTRICTS OF STATEWIDE SIGNIFICANCE, 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 3,
Agricultural and Forestal Districts, Article II, Districts of Statewide Significance, is hereby amended
and reordained as follows:
By Amending:
Sec. 3-222 Moorman's River Agricultural and Forestal District
Chapter 3. Agricultural and Forestal Districts
Article II. Districts of Statewide Significance
Division 2. Districts
Sec. 3-222 Moorman's River Agricultural and Forestal District.
The district known as the "Moorman's River Agricultural- and Forestal District" consists of the
following described properties: Tax map 27, parcels 32,34, 34A, 40, 40A, 40A1, 42, 42A; tax map
28, parcels 2, 2A, 3, 4,5,6, 6A, 6B, 7, 7A, 7A1, 7B, 8,12, 12A, 12B, 13, 17A, 17C, 18, 23B, 23B1,
30, 30A, 308 32B, 32D, 34B, 35, 35B, 37, 37A, 378, 37C, 38; tax map 29, parcels 2C, 4E, 8, 8B, 8E,
8E1, 8H, 8J, 8K, 9,10, 15C, 40B, 40C,40D, 49C, 50, 54A, 61, 62, 63, 63A, 63D, 67C, 69D, 69F,
70A, 70B, 70C, 70F, 70F1, 70G, 70H1, 70K, 70L, 70M, 71, 71A, 73B, 74A, 76, 78, 79C, 80, 84, 85;
tax map 30, parcels 10, 10A, 12, 12C, 12D, 17A, 18E; tax map 41, parcels 8, 8B, 8C, 8D, 9E, 15,
15A, 17C, 18, 41C, 41H, 44,50,67, 67B, 68, 70, 72, 72B, 72C, 72D, 89; tax map 42, parcels 5,6,
6B, 7,8,8A,8C, 10, 10A, 10D, 37F,37J,38,40,40C,40D,40D1,40G,40H2,41,42B,43,43A, 44;
tax map 43, parcels 1, 3, 3A, 3C, 3D, 4C, 4D, 5, 5A, 9,10,1682,1683, 18E4, 18G, 18J, 191, 19N,
19P, 20A, 20B, 20C, 21, 21A, 24, 25A, 25B, 30, 30A, 30B, 30D, 30G, 30H, 30M, 30N, 32H, 33, 33E,
34D1, 41, 42, 43, 43A 1, 44, 45, 45C, 45D; tax map 44, parcels 1, 2, 24, 26, 26A, 26C, 278, 27C, 28,
29, 29A, 29D, 30, 30A, 30B, 31, 31A, 31A1, 31D, 31F, 31G; tax map 57, parcel 69; tax map 59,
parcels 32, 32A, 34, 35, 82A. This district, created on December 17, 1986 for not more than ten
years and last reviewed on December 1,2004, shall be next reviewed prior to December 1,2014.
(4-14-93; 12-21-94; 4-12-95; 8-9-95; Code 1988, S 2.1-4(g); Ord. 98-A(1), 8-5-98; Ord. 99-3(4), 5-
12-99; Ord. 00-3(1),4-19-00; Ord. 04-3(4), 12-1-04; Ord. 05-3(2), 7-6-05; Ord. 08-3(2), 8-6-08)
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 six to zero, as
recorded below, at a regular meeting held on AU9ust~. ~
faL
Clerk, Board of County Supervisors
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Aye Nay
y
y
y
y
y
y
Draft: July 15,2008
ORDINANCE NO. 08-3(2)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 3, AGRICULTURAL AND FORESTAL
DISTRICTS, ARTICLE II, DISTRICTS OF STATEWIDE SIGNIFICANCE, 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 3,
Agricultural and Forestal Districts, Article II, Districts of Statewide Significance, is hereby amended and
reordained as follows:
By Amending:
Sec. 3-222 Moorman's River Agricultural and Forestal District
Chapter 3. Agricultural and Forestal Districts
Article II. Districts of Statewide Significance
Division 2. Districts
Sec. 3-222 Moorman's River Agricultural and Forestal District.
The district known as the "Moorman's River Agricultural- and Forestal District" consists of the
following described properties: Tax map 27, parcels 32, 34, 34A, 40, 40A, 40Al, 42, 42A; tax map 28, parcels
2, 2A, 3,4,5,6, 6A, 6B, 7, 7A, 7Al, 7B, 8, 12, 12A, 12B, 13, 17A, 17C, 18, 23B, 23B1, 30, 30A, 30B 32B,
32D, 34B, 35, 35B, 37, 37A, 37B, 37C, 38; tax map 29, parcels 2C, 4E, 8, 8B, 8E, 8E1, 8H, 8J, 8K, 9, 10,
15C,40B,40C,40D,49C,50, 54A,61, 62, 63, 63A, 63D, 67C,69D,69 F, 70A, 70B, 70C, 70F, 70F1, 70G,
70H1, 70K, 70L, 70M, 71, 71A, 73B, 74A, 76, 78, 79C, 80, 84, 85; tax map 30, parcels 10, lOA, 12, 12C,
12D, 17A, 18E; tax map 41, parcels 8, 8B, 8C, 8D, 9E, 15, 15A, 17C, 18, 41C, 41H, 44,50,67, 67B, 68, 70,
72, 72B, 72C, 72D, 89; tax map 42, parcels 5, 6, 6B, 7, 8, 8A, 8C, 10, lOA, lOD, 37F, 37J, 38,40, 40C, 40D,
40D1, 40G, 40H2, 41, 42B, 43, 43A, 44; tax map 43, parcels 1, 3, 3A, 3C, 3D, 4C, 4D, 5, 5A, 9, 10, 16B2,
16B3, 18E4, 18G, 18J, 191, 19N, 19P, 20A, 20B, 20C, 21, 21A, 24, 25A, 25B, 30, 30A, 30B, 30D, 30G, 30H,
30M, 30N, 32H, 33, 33E, 34D1, 41, 42, 43, 43A1, 44, 45, 45C, 45D; tax map 44, parcels 1,2,24,26, 26A,
26C, 27B, 27C, 28, 29, 29A, 29D, 30, 30A, 30B, 31, 31A, 31A1, 31D, 31F, 31G; tax mao 57. oarcel 69: tax
map 59, parcels 32, 32A, 34, 35, 82A. This district, created on December 17, 1986 for not more than ten
years and last reviewed on December 1,2004, shall be next reviewed prior to December 1, 2014.
(4-14-93; 12-21-94; 4-12-95; 8-9-95; Code 1988, ~ 2.1-4(g); Ord. 98-A(1), 8-5-98; Ord. 99-3(4), 5-12-99; Ord.
00-3(1),4-19-00; Ord. 04-3(4), 12-1-04; Ord. 05-3(2), 7-6-05; Ord. 08-3(2), 8-6-08)
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
COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name: Staff: Scott Clark
AFD 2008-00005 Moorman's River Addition
Planning Commission Public Hearing: Board of Supervisors Public Hearing:
July 8, 2008 August 6, 2008
Proposal: Comprehensive Plan Designation:
Rural Areas
. AFD 2008-00005: Addition to existing AF
district
RECOMMENDATIONS:
. AFD 2008-00005: The Agricultural/Forestal Districts Advisory Committee recommends
acceptance of the proposed addition to the Moorman's River district. This district will next be
reviewed in December 2014.
AFD 2008-00005 Moorman's River Addition
The owners of Tax Map 57 Parcel 69, a 1 16-acre property adjacent to the existing Moorman's
River district, have applied to join that district. The parcel is located on Beaver Creek, just
downstream of the Beaver Creek Reservoir, and includes a section of the creek's floodplain.
Soils on the parcel include areas rated as Prime and Locally Important for agricultural
productivity. See Attachment D for a map.
The Moorman's River district current includes approximately 10,600 acres, and would include
10,716 atter this addition.
Agricultural-Forestal Districts Advisory Committee Recommendation: The Committee
recommended that the Board of Supervisors accept this addition to the Moorman's River district.
Attachments
A. Moorman's River AF District Map
AFD 2008-05
PC Hearing 7-8-2008
2
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II!" Moorman's River AF District (portion) .'~
i .. Proposed Addition
i
.. Parcels
Moormans River Agricultural/Forestal District AdditjOl1
o 01250.25 05 Miles .
I I I I I I I I I J..~
. Prepared by Albe."r Ie County COll1Ill.Inlty o.veloprlent ll<tpt. _. \ ~
Map cruted by Scott Chrk, June 2007. "'" '.-
· Not.-: The map .1Hlents depicted ate 9taphic repre3entatJ.on~ and ~r:e no:>t 'r
to be con~trued or u~.d as a legal de.cr.1Ptton. Thi. map 10 for dBplay purpo'" .only. \
. Parce 1 boundane~ ref leet flOst r-ecent avai table data.
. Aerial phot"" 2002 COIIIIloowulth of VHglnia
AFD 2008-05
PC Hearing 7-8-2008
3
~
Moorman's River AF District Addition
AFD2008-00005
Agricultural-Forestal Districts in Albemarle County
1
Moorman's River AF District Addition
AFD2008-00005
Existing Moorman's River AF District
Moorman's River AF ~istrict Addition
AFD2008-00005
Existing Moorman 's River AF District, with proposed addition
2
..
Moorman's River AF District Addition
AFD2008-00005
Proposed Addition:
Tax Map 57 Parcel 69
116.9 acres
Moorman's River AF District Addition
AFDZOOB-00005
Proposed Addition:
Tax Map 57 Parcel 69
116.9 acres
114.9 acres in use-value
taxation (indicates active
agricultural use)
3
Moorman's River AF District Addition
AFD2008-00005
The AF District Committee recommended that the Board
of Supervisors accept this addition to the Moorman's
River AF District.
On July 7, 2008, the Planning Commission unanimously
recommended acceptance of this addition to the District.
Moorman's River AF District Addition
AFD2008-00005
4
ORDINANCE NO. 08-5(1)
AN ORDINANCE TO AMEND CHAPTER 5, BUILDING REGULATIONS, BY AMENDING ARTICLE I,
ADMINISTRATION, AND ARTICLE II, FEES, 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 5, Building
Regulations, Article I, Administration, and Article II, Fees, are hereby amended and reordained as follows:
By Amending:
Sec. 5-1 00
Sec. 5-101
Sec. 5-200
Sec. 5-201
Sec. 5-202
Sec. 5-203
Sec. 5-204
Sec. 5-206
Sec. 5-207
Sec. 5-208
Purpose and intent
Building inspection office established; powers and duties
Permit and inspection fees, generally
Fees for building permits
Fees for electrical permits
Fees for plumbing permits
Fees for mechanical permits
Fee for demolition permits
Fees for zoning inspections
Fees for other permits, plan amendments and reinspections
Chapter 5. Building Regulations
Article I. Administration
Sec. 5-100 Purpose and intent.
A. The purpose and intent of this chapter is to promote and to protect the public health, safety and
welfare by making the Virginia Uniform Statewide Building Code applicable to all matters affecting or relating to
structures, including the construction, alteration, repair, addition, maintenance, demolition and removal of all
structures, and to the equipment in such structures. The purpose and intent of this chapter is also to establish a
procedure by which unsafe buildings and structures are repaired, removed, or demolished.
B. The Virginia Uniform Statewide Building Code shall be referred to in this chapter as the "building
code" and shall include the building code in its current form and as amended in the future.
C. A copy of the building code shall be kept on file in the department of community development.
(~5-1; 10-18-73, ~ 6-1; 4-20-88; ~ 5-2; 10-18-73, ~ 6-2; Code 1988, ~ 5-1; Ord. 98-A(1), 8-5-98; Ord. 08-5(1), 8-
6-08 )
State law reference-oVa. Code SS 36-97 et seq.; 36-105.
Sec.5-101 Building inspection office established; powers and duties.
A building inspection office is hereby established in the department of community development, as
provided herein:
A. The building inspection office shall be charged with the administration and enforcement of the
building code and this chapter, the review and approval of plans, the inspection of buildings and structures and
the issuance of permits or certificates pertaining thereto. For purposes of this chapter, the term "building
inspection office" means the "local building department" as that term is used in the building code.
B. The building inspection office shall be directed by a building official appointed by the county
executive. The building official shall be charged with the administration and enforcement of this chapter and the
building code and, as such, shall have the duties and powers of a code official set forth in the building code.
The building official also shall be responsible for the supervision of the other employees of the building
inspection office. For purposes of this chapter, the term "building official" means the "code official" as that term
is used in the building code.
1
(~5-1; 10-18-73, ~ 6-1; 4-20-88; ~ 5-2; 10-18-73, ~ 6-2; Code 1988, ~ 5-2; Ord. 98-A(1), 8-5-98; Ord. 08-5(1), 8-
6-08 )
State law reference-oVa. Code SS 36-97 et seq.; 36-105.
Article II. Fees
Sec. 5-200 Permit and inspection fees, generally.
The fees for a permit or inspection required pursuant to the building code and this chapter shall be paid
as provided herein:
A. Except as provided in paragraph (E), no permit application shall be accepted until the applicable
fees required by this article have been paid. The fee shall be for the purpose of reimbursing, in whole or in part,
the department of community development's cost to review plans, issue permits and conduct up to one
reinspection of work performed pursuant to a permit.
B. Each fee shall be in the form of cash or a check payable to the "County of Albemarle." Payment
shall be made in the department of community development.
C. The payment of fees for a permit or permit amendment shall not relieve any person from the
payment of any other fees that may be required by law including, but not limited to, fees for water connections
and sewer connections.
D. The building official shall keep an accurate account of all fees collected pursuant to this chapter
and shall deposit all fees collected with the department of finance.
E. Neither the county nor the county school board shall be required to pay any fee otherwise
required by this article for a permit or inspection required by this chapter.
(~5-3; 10-18-73, ~ 6-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of 9-6-95; Code 1988, ~ 5-3;
Ord. 98-A(1), 8-5-98; Ord. 08-5(1), 8-6-08)
State law reference-oVa. Code S 36-105.
Sec. 5.201 Fees for building permits.
The fees for building permits are hereby established as provided herein:
A. Residential structures in use groups R-3 and R-5. The fee for each new structure in use groups
R-3 or R-5 (one- and two-family dwellings) other than a garage, deck or porch, or for an addition to an existing
residential structure in either such use group, shall be $0.49 per square foot, calculated on gross finished
square footage. The minimum fee shall be $75.00.
B. Accessory residential structures. The fee for each residential attached garage, detached
garage, shed, or deck or porch ten square feet or larger, shall be $0.15 per square foot, calculated on gross
finished square footage. The minimum fee shall be $25.00.
C. Residential swimming pools, hot tubs and spas. The fee for each residential swimming pool, hot
tub or spa shall be $50.00.
D. Mobile homes and prefabricated homes. The fee for each mobile home or prefabricated home
shall be $45.00.
E. New commercial structures in various use groups. The fee for each new structure in use group
A-1, A-2, A-3, A-4, A-5, B, E, F-1, F-2, H-1, H-2, H-3, H-4, H-5, 1-1, 1-2, 1-3, 1-4, M, R-1, R-2, R-4, S-1, S-2, or U,
or an addition to an existing commercial structure in any such use group, shall be $0.20 per square foot for the
first 5,000 square feet, plus $0.14 per square foot for each square foot in excess of 5,000 square feet,
calculated on gross square footage. The minimum fee shall be $75.00.
2
F. Change of building occupancy classification. The fee for a change of occupancy classification
evaluation shall be $150.00.
G. Commercial swimming pools. The fee for each commercial swimming pool shall be $305.00.
H. Elevators, escalators and lifts. The fee for each elevator, escalator or lift shall be $240.00.
I. Paint spraying booths. The fee for each paint spraying booth shall be $25.00.
J. Mobile offices and premanufactured units. The fee for each mobile office or premanufactured
unit shall be $45.00.
K. Tents. The fee for each tent shall be $50.00.
L. Alterations and repairs of structures in all use groups. The Jee for an alteration or repair of a
structure in any use group shall be $0.17 per square foot of floor area affected, provided that there is no
increase in gross square footage. The minimum fee shall be $75.00.
(~ 5-3; 1 0-18-73, ~ 6-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of 9-6-95; Code 1988, ~ 5-3;
Ord. 98-A(1), 8-5-98; Ord. 08-5(1), 8-6-08)
State law reference-oVa. Code ~ 36-105.
Sec. 5-202 Fees for electrical permits.
The fees for electrical permits are hereby established as provided herein:
A. Residential structures in use groups R-3 and R-5. The fee for each new structure in use groups
R-3 and R-5 (one- and two-family dwellings) other than a garage, deck or porch, or for an addition to an existing
residential structure in either such use group, shall be included as part of the building permit fee under section
5-201 (A).
B. Accessory residential structures. The fee for each residential attached garage, detached
garage, shed, or deck or porch ten square feet or larger, shall be $30.00.
C. Mobile homes and prefabricated homes. The fee for each mobile home or prefabricated home
shall be $30.00.
D. Commercial structures in various use groups. The fee for each new structure in use group A-1,
A-2, A-3, A-4, A-5, B, E, F-1, F-2, H-1, H-2, H-3, H-4, H-5, 1-1, 1-2, 1-3, 1-4, M, R-1, R-2, R-4, S-1, S-2, or U, or an
addition to an existing commercial structure in any such use group, shall be $0.04 per square foot. The
minimum fee shall be $75.00.
E. Swimming pools, hot tubs and spas. The bonding fee for each swimming pool, hot tub or spa
shall be $30.00. The equipment wiring fee for each swimming pool, hot tub or spa shall be $30.00.
F. Alterations and repairs of structures in all use groups. The fee for an alteration or repair of a
structure in any use group shall be $0.04 per square foot of floor area affected, provided that there is no
increase in gross square footage. The minimum fee shall be $75.00.
G. Signs. The fee for each sign shall be $45.00.
H. Temporary service. The fee for each temporary electric service shall be $95.00, unless the
service is sought as part of a building permit for which a fee was paid under section 5-201 (A).
I. Early service. The fee for each early electric service shall be $60.00, unless the service is
sought as part of a building permit for which a fee is paid under section 5-201 (A).
J. Fuel dispensing pumps. The fee for each fuel dispensing pump shall be $30.00.
3
K. Alarm systems. The fee for each alarm system shall be $0.04 per square foot of the gross
square footage of the structure. The minimum fee shall be $75.00.
(95-3; 10-18-73, 96-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of 9-6-95; Code 1988, 9 5-3;
Ord. 98-A(1), 8-5-98; Ord. 08-5(1), 8-6-08)
State law reference-oVa. Code 9 36-105.
Sec. 5.203 Fees for plumbing permits.
The fees for plumbing permits are hereby established as provided herein:
A. Residential structures in use groups R-3 and R-5. The fee for each new structure in use groups
R-3 and R-5 (one- and two-family dwellings) other than a garage, deck or porch, or for an addition to an existing
residential structure in either such use group, shall be included as part of the building permit fee under section
5-201 (A).
B. Mobile homes and prefabricated homes. The fee for each mobile home or prefabricated home
shall be $30:00.
C. Commercial structures in various use groups. The fee for each new structure in use group A-1,
A-2, A-3, A-4, A-5, B, E, F, H-1, H-2, H-3, H-4, H-5, 1-1, 1-2, 1-3, 1-4, M, R-1, R-2, R-4, S-1, S-2, or U, or an
addition to an existing commercial structure in any such use group, shall be $8.00 per fixture. The minimum fee
shall be $75.00.
D. Alterations and repairs of structures in all use groups. The fee for an alteration or repair of a
structure in any use group shall be $8.00 per fixture, provided that there is no increase in gross square footage.
The minimum fee shall be $75.00.
E. Water lines. The fee for each water line shall be $25.00, unless the lines are included as part of
a building permit for which a fee is paid under section 5-201 (A).
F. Sewer laterals. The fee for each sewer lateral shall be $25.00, unless the lateral is included as
part of a building permit for which a fee is paid under section 5-201 (A).
G. Fire suppression systems. The fee for each fire suppression system shall be $0.80 per head.
The minimum fee shall be $75.00.
(95-3; 10-18-73,96-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of 9-6-95; Code 1988,95-3;
Ord. 98-A(1), 8-5-98; Ord. 08-5(1), 8-6-08)
State law reference--Va. Code 9 36-105.
Sec. 5.204 Fees for mechanical permits.
The fees for mechanical permits are hereby established as provided herein:
A. Residential structures in use groups R-3 and R-5. The fee for each new structure in use groups
R-3 and R-5 (one- and two-family dwellings) other than a garage, deck or porch, or for an addition to an existing
residential structure in either such use group, shall be included as part of the building permit fee under section
5-201 (A).
B. Mobile homes and prefabricated homes. The fee for each mobile home or prefabricated home
shall be $30.00.
C. Commercial structures in various use groups. The fee for each new structure in use group A-1,
A-2, A-3, A-4, A-5, B, E, F-1, F-2, H-1, H-2, H-3, H-4, H-5, 1-1, 1-2, 1-3, 1-4, M, R-1, R-2, R-4, S-1, 8-2, or U, or an
addition to an existing commercial structure in any such use group, shall be $0.04 per square foot of gross
square footage. The minimum fee shall be $75.00.
4
D. Alterations and repairs of structures in all use groups. The fee for an alteration or repair of a
structure in any use group shall be $0.04 per square foot of gross square footage, provided that there is no
increase in gross square footage. The minimum fee shall be $75.00.
E. Underground tanks. The fee for each underground tank, including associated piping, shall be
$170.00, unless the tanks are included as part of a building permit for which a fee is paid under section 5-
201 (A).
F. Aboveground tanks. The fee for each aboveground tank, including associated piping, shall be
$100.00, unless the tanks are included as part of a building permit for which a fee is paid under section 5-
201 (A).
G. Gas and ai/lines. The fee for each gas or oil line shall be$35.00, unless the lines are included
as part of a building permit for which a fee is paid under section 5-201 (A).
H. Furnaces, wood stoves and gas log systems. The fee for each furnace, wood stove or gas log
system shall be $65.00, unless the furnace, stove or gas log system is included as part of a building permit for
which a fee is paid under section 5-201 (A).
I. Range hoods. The fee for each range hood shall be $25.00.
J. Hood suppression systems. The fee for each hood suppression system shall be $30.00.
(95-3; 10-18-73,96-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of 9-6-95; Code 1988, 9 5-3;
Ord. 98-A(1), 8-5-98; Ord. 08-5(1), 8-6-08)
State law reference-oVa. Code S 36-105.
Sec. 5-206 Fee for demolition permits.
The fee for each demolition permit shall be $95.00.
(95-3; 10-18-73,96-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of 9-6-95; Code 1988,95-3;
Ord. 98-A(1), 8-5-98; Ord. 08-5(1), 8-6-08)
State law reference-oVa. Code S 36-105.
Sec. 5-207 Fees for zoning inspections.
The fees for inspections to determine compliance with the zoning ordinance are hereby established as
provided herein:
A. Foundation of main and accessory structures. The fee for each inspection following the laying of
the foundation of main or accessory structures shall be $15.00 per inspection.
B. Surface water drainage pipes and culverts. The fee for each inspection pertaining to the size
and location of surface water drainage pipes and culverts shall be $10.00 per inspection.
C. Subsurface stone for parking lot or entrance. The fee for each inspection to determine the
proper depth of the subsurface stone for a parking lot on, or entrance onto, the property being developed, prior
to the final surfacing of the parking lot or entrance, shall be $10.00 per inspection.
D. Final site inspection. The fee for each final site inspection before a certificate of occupancy or a
temporary certificate of occupancy shall be $15.00 per inspection.
(~ 5-3; 10-18-73, 96-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of 9-6-95; Code 1988, 9 5-3;
Ord. 98-A(1), 8-5-98; Ord. 08-5(1), 8-6-08)
State law reference--Va. Code S 36-105.
5
Sec. 5-208 Fees for other permits, plan amendments and reinspections.
The fees for other permits, plan amendments and reinspections are established as provided herein:
A. Other permits. The fees for any other building, electrical, plumbing, mechanical, or amusement
device permit not identified in this article shall be $30.00 per inspection.
B. Plan amendments. The fee for each new plan submitted which requires any structural or fire
safety review shall be $30.00.
C. Reinspections. The fee for each inspection of work performed, after the second inspection of
such work, shall be $30.00 per inspection.
(~5-3; 10-18-73, ~ 6-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of 9-6-95; Code 1988, ~ 5-3;
Ord. 98-A(1), 8-5-98; Ord. 08-5(1), 8-6-08)
State law reference-oVa. Code S 36-105.
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 six to zero, as recorded below,
at a regular meeting held on Auaust 6. 2008. ~{ { ~
Clerk~~rs
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Aye
y
y
y
y
y
y
Nay
6
ORDINANCE NO. 08-17(3)
AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE
COUNTY OF ALBEMARLE, VIRGINIA, BY AMENDING ARTICLE I, GENERAL, ARTICLE II,
EROSION AND SEDIMENT CONTROL, AND ARTICLE III, STORMWATER MANAGEMENT AND
WATER QUALITY
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17,
Water Protection, Article I, General, Article II, Erosion and Sediment Control, and Article III,
Stormwater Management and Water Quality, are amended and reordained as follows:
By Amending:
Sec. 17-104 Definitions
Sec. 17-204 Review and approval of erosion and sediment control plan
Sec. 17-208 Amendment of erosion and sediment control plan
Sec. 17-209 Fees
Sec. 17-212 Inspections
Sec. 17-310 Fees
Chapter 17. Water Protection
Article I. General
Sec. 17-104 Definitions.
The following definitions shall apply in the interpretation and implementation of this chapter:
(2.1) Amendment to approved plan. The term "amendment to approved plan" means a
revision to a plan previously approved by the program authority that requires a plan review and
approval before it is incorporated into the approved plan. The revision can originate as a desired
change by the owner or to satisfy either a notice to comply or stop work order issued by the program
authority.
(22.1) Inspection. The term "inspection" means the examination of a premises by the
program authority for the purpose of determining compliance with the requirements of this chapter or
determining whether bonded improvements are constructed as required by the approved plans
required by this chapter.
(35.2) Plan review. The term "plan review" means each review of a plan by the program
authority for the purpose of determining compliance with the requirements of this chapter including,
but not limited to, the review of a plan that has been revised and resubmitted after the program
authority reviewed and disapproved a prior plan.
(39.1) Reinspection. The term "reinspection" means an inspection necessitated by either a
notice of violation or stop work following issuance by the program authority.
(44) Stormwater management/BMP facilities maintenance agreement. The term "stormwater
managemenUBMP facilities maintenance agreement" means an agreement that commits the owner or
other designated parties to maintain and inspect stormwater/BMP facilities, including those required
1
by approved mitigation plans required by section 17-322, constructed in accordance with this chapter
based on specific terms and conditions of the agreement.
(45) Stormwater management/BMP plan. The term "stormwater managementlBMP plan"
means a document that describes the controls for the management of the rate of stormwater
discharge and best management practices for water quality protection, including mitigation plans
required by section 17-322, and which includes a narrative section, a map or site plan, pertinent
calculations, and any specifications submitted with the plan.
(47.2) Variance. The term "variance" means an owner-requested waiver from or modification
to either the minimum standards of the Virginia Erosion and Sediment Control Regulations or an
accepted erosion and sediment control measure which requires the program authority's evaluation
and approval before it can be incorporated into a plan. Unless determined by the program authority
that the variance can apply to other plans, a variance shall apply only to the plan for which it was
requested and a separate variance shall be required for any other plan.
(s 7-2,6-18-75, S 4,7-9-80,2-11-87,3-18-92, S 19.1-5, 9-29-77, art. I, S 2,9-13-78,7-11-90,8-3-94;
S19.2-4, 6-19-91; S 19.3-5,2-11-98; Code 1988, SS 7-2,19.1-5,19.2-4,19.3-5; Ord. 98-A(1), 8-5-98;
Ord. 07-17(1), 2-14-07; Ord. 08-17(1), 2-6-08; Ord. 08-17(3), 8-6-08)
State law reference--Va. Code ~~ 10.1-560, 10.1-603.2.
Article II. Erosion and Sediment Control
Sec. 17-204 Review and approval of erosion and sediment control plan.
Each erosion and sediment control plan submitted pursuant to this article shall be reviewed
and approved as provided herein:
A. The plan shall be reviewed by the program authority to determine whether it complies
with the requirements of section 17-203 and all other requirements of this article.
B. During its review of the plan, the program authority may meet with the owner from time
to time to review and discuss the plan with the owner, and shall inform the owner in writing of any
modifications, terms, or conditions required to be included in the plan in order for it to be approved.
The program authority may also consider and act on a variance request under the following criteria: (i)
the owner shall explain in writing the reasons for requesting the variance; and (ii) the variance may be
approved if the program authority determines that the approved plan, with the variance and any
associated conditions of approval, would protect off-site properties and resources from damage to the
same extent or better than if the variance was not granted.
C. Except as provided in paragraph (E), the program authority shall approve or
disapprove a plan in writing within forty-five (45) days from the date the complete application was
received by the program authority. The decision of the program authority shall be based on the plan's
compliance with the requirements of this article. The decision shall be in writing and shall be served
by first class mail to the address provided by the owner in the application for approval of the plan or by
personal delivery to the owner. The date of the decision shall be either the date that it is deposited for
mailing or the date that it is personally delivered to the owner. If the plan is disapproved, the reasons
for disapproval shall be stated in the writing.
D. If the program authority fails to act on the plan within forty-five (45) days from the date
the application was received by the program authority, the plan shall be deemed approved.
2
E. If the owner is required to obtain approval of a site plan or plat, the program authority
shall not approve an erosion and sediment control plan unless and until the site plan or plat is
approved as provided by law. For purposes of this paragraph, a site plan or plat may be deemed
approved by the program authority if its approval is conditioned upon the approval of an erosion and
sediment control plan pursuant to this article, and the program authority determines that review and
approval of the erosion and sediment control plan will not affect approval of the site plan or plat. The
program authority may approve an erosion and sediment control plan prior to approval of a required
site plan or plat in the following circumstances:
1. to correct any existing erosion or other condition conducive to excessive
sedimentation which is occasioned by any violation of this chapter or by accident, act of God or other
cause beyond the control of the owner; provided, that the activity proposed shall be strictly limited to
the correction of such condition;
2. to clear and grub stumps and other activity directly related to the selective
cutting of trees, as permitted by law;
3. to install underground public utility mains, interceptors, transmission lines and
trunk lines for which plans have been previously approved by the operating utility and approved by the
county as being substantially in accord with the comprehensive plan, if necessary;
4.
disturbing activity;
to fill earth with spoils obtained from grading, excavation or other lawful earth
5. to clear, grade, fill or engage in similar related activity for the temporary storage
of earth, equipment and materials, and to construct temporary access roads; provided, that in each
case, the area disturbed shall be returned to substantially its previous condition, with no significant
change in surface contours. The return to previous condition shall occur within thirty (30) days of the
completion of the activity or temporary use, or within thirteen (13) months of the commencement of
any land disturbing activity on the land which is related to the activity, whichever period shall be
shorter; or
6. to establish borrow, fill or waste areas in accordance with sections 5.1.28 and
10.2.1.18 of the zoning ordinance.
(~7-5, 6-18-75, ~ 7,2-11-76,4-21-76,6-2-76,7-9-80,7-8-81, 2-11-87, 3-18-92; ~ 19.3-12, 2-11-98;
Code 1988, ~~ 7-5,19.3-12; Ord. 98-A(1), 8-5-98; Ord. 08-17(3), 8-6-08)
State law reference-oVa. Code S 10.1-563.
Sec. 17-208 Amendment of erosion and sediment control plan.
The program authority may change an approved erosion and sediment control plan and
require an owner to submit an amended plan in the following circumstances:
1. An inspection conducted pursuant to section 17-212 reveals that the plan is inadequate
to satisfy the requirements of this article;
2. The owner finds that, because of changed circumstances or for other reasons, the
approved plan cannot be effectively carried out and either proposed amendments to the plan,
consistent with the requirements of this article, are agreed to by the program authority and the owner
or the owner submits and obtains approval of a variance and the program authority determines that an
amendment to the plan is required. The program authority may consider and act on a variance
request under the following criteria: (i) the owner shall explain in writing the reasons for requesting the
variance; and (ii) the variance may be approved if the program authority determines that the amended
3
plan, with the variance and any associated conditions of approval, would protect off-site properties
and resources from damage to the same extent or better than if the variance was not granted. The
program authority shall approve or disapprove the variance in writing within ten (10) days after receipt
of the request. If the program authority does not approve a variance within ten (10) days of the
receipt of the request, it shall be deemed to be disapproved.
3. The land disturbing activity did not begin during the one hundred eighty (180) day
period following plan approval, or ceased for more than one hundred eighty (180) days, and the
existing plan has been evaluated to determine whether it still satisfies the requirements of this article
and state erosion and sediment control criteria and to verify that all design factors are still valid, and it
has been determined that the plan is inadequate. In such a case, the land disturbing activity shall not
be resumed until a modified plan is submitted and approved as provided in this article.
(s 7-5, 6-18-75, S 7,2-11-76,4-21-76,6-2-76,7-9-80,7-8-81, 2-11-87,3-18-92; S 19.3-16,2-11-98;
Code 1988, SS 7-5,19.3-16; Ord. 98-A(1), 8-5-98; Ord. 08-17(3), 8-6-08)
State law reference--Va. Code S 10.1-563.
Sec. 17-209 Fees.
Each owner seeking approval of an erosion and sediment control plan or entering into an
agreement in lieu of a plan shall pay a fee upon submittal of such plan, and shall pay a fee for each
reinspection, in amounts according to the schedule set forth below. Each fee shall be in the form of
cash or a check payable to the "County of Albemarle."
A. Land disturbing activity pertaining to single family dwelling unit:
1. Agreement in lieu of a plan if single family dwelling unit located in a residential
development: $150
2. Agreement in lieu of a plan if single family dwelling unit not located in a
residential development: $150
3. Plan review for a single family dwelling unit: $150 per review
4. Permit and first year inspection fees for a single family dwelling unit: $150
5. Annual permit renewal and inspection fees for a single family dwelling unit,
starting with second year: $150
6. Each reinspection: $150
B. Land disturbing activity pertaining to non-exempt agricultural land:
1. Plan review: $150 per review
2. Permit and first year inspection fees: $150
3. Each reinspection: $150
4. Annual permit renewal and inspection fees, starting with second year: $150
C. All other land disturbing activity:
1. Plan review, disturbed area less than one acre: $150 per review
4
2. Permit and first year inspection fees, disturbed area less than one acre: $200
3. Annual permit renewal and inspection fee, disturbed area less than one acre:
$200
4. Plan review, disturbed area one acre or larger: $300 per review
5. Permit and first year inspection fees, disturbed area one acre or larger: $100
per disturbed acre
6. Annual permit renewal and inspection fee, disturbed area one acre or larger,
starting with second year: $100 per disturbed acre
7. Each reinspection: $250
8. Amendment to approved plan: $180 per plan review
D. Variances: $760 per request
(97-4,6-18-75,96, 10-22-75,4-21-76,11-10-76,3-2-77,4-17-85, 2-11-87,12-11-91,3-18-92; 9
19.3-17,2-11-98; Code 1988, 997-4,19.3-17; Ord. 98-A(1), 8-5-98; Ord. 98-17(1),11-11-98; Ord. 02-
17(1),7-3- 02; Ord. 08-17(3), 8-6-08)
State law reference-oVa. Code S 10.1-562.
Sec. 17-212 Inspections.
The program authority shall inspect any land disturbing activity or erosion impact area as
provided herein:
A. The program authority shall conduct periodic inspections of land disturbing activities
and erosion impact areas to determine compliance with the approved erosion and sediment control
plan, and to determine whether such approved plan and permit as implemented are adequate to
satisfy the requirements of this article.
B. Except as provided in paragraph (C), the periodic inspections shall be conducted: (i)
during or immediately following initial installation of erosion and sediment controls; (ii) at least once
during every two (2) week period thereafter; (iii) within forty-eight (48) hours following any runoff
producing storm event; and (iv) at the completion of the project prior to the release of any surety. The
inability of the program authority to conduct inspections within the time periods set forth in this
paragraph shall not be deemed to be a failure of the program authority to perform a mandatory duty or
a ministerial function, and no liability to the county, the program authority, or any official or employee
thereof shall arise therefrom.
C. Notwithstanding paragraph (B), the program authority is authorized to establish an
alternative inspection program which ensures compliance with an approved erosion and sediment
control plan. Such alternative inspection program shall be: (i) approved by the Virginia Soil and Water
Conservation Board prior to implementation; (ii) established in writing; (iii) based on a system of
priorities which, at a minimum, address the amount of disturbed project area, site conditions, and
stage of construction; (iv) documented by inspection records; and (v) maintained and available for
public review in the department of community development.
D. The program authority shall have the right to enter upon property subject to an erosion
and sediment control plan for the purposes of conducting an inspection as provided in this section or
5
an investigation pertaining to an erosion or sedimentation complaint. The owner shall be given notice
of the inspection. Such notice may be either verbal or in writing.
E. The fees required for inspections conducted pursuant to paragraph (B)(i), (ii) and (iv)
are a part of the application fee required by section 17-209. The fee required for inspections
conducted pursuant to paragraph (B)(iii) shall be paid by the owner within thirty (30) days of the date
shown on the invoice.
(97-6,6-18-75,98,2-11-76,4-21-76,2-11-87,3-18-92; 9 19.3-20, 2-11-98; Code 1988, 997-6, 19.3-
20; Ord. 98-A(1), 8-5-98; Ord. 08-17(3), 8-6-08)
State law reference-oVa. Code S 10.1-566.
Article III. Stormwater Management and Water Quality
Sec. 17-310 Fees.
Each owner seeking approval of a stormwater managementlBMP plan shall pay a fee upon
submittal of such plan, and shall pay a fee for each inspection, in amounts according to the schedule
set forth below. Each fee shall be in the form of cash or a check payable to the "County of Albemarle."
1. Plan review: $300 per plan review
2. Amendment to approved plan: $180 per plan review
3. Request for exception (section 17-308): $240
4. Request for development in a stream buffer or for reduction or modification of stream
buffer (section 17-321) and mitigation plan (if not part of another document)
(section 17-322): $85
5. Each inspection or reinspection: $60
6. Mitigation plan (section 17-322): $860
(919.3-34,2-11-98; 9 19.1-8, 9-29-77, art. II, 9 3, 7-11~90; Code 1988, 99 19.1-8,19.3-34; Ord. 98-
A(1), 8-5-98; Ord. 02-17(1), 7-3-02; Ord. 08-17(3), 8-6-08)
State law reference--Va. Code S 10.1-603.10.
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 six to zero, as
recorded below, at a regular meeting held on AUQUS~08' ~
'u 'bA ~
len<, oard of County Supervisors
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Aye Nay
y
y
y
y
y
y
6
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Building Regulations Ordinance Amendment, BRT A
2008-1 , and
Water Protection Ordinance Amendment, WPTA
2008-2
AGENDA DATE:
August6,200a
ACTION: X
INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Amend fees in Building Regulations and Water
Protection ordinances
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Graham, Schlothauer,
and Brooks
REVIEWED BY:
ATTACHMENTS: Yes
LEGAL REVIEW: Yes
BACKGROUND:
In December 2007, staff presented a comprehensive fee study for Community Development to the Board.
(Attachment A) The study considered all fees currently collected by Community Development and tasks related to
reviews and inspections where the County has never collected fees but had the opportunity to charge fees to recover
costs. As part of that presentation, staff included a recommendation that fees generally be set to recover the County's
cost for providing the service and regular adjustments to fees be established to assure the fees maintained parity with
the County's costs over time. The Board was supportive of the recommendation and indicated a desire to implement
revised fees, but expressed an interest in comparing costs to nearby localities as well as the comparison localities
used in the fee study.
Following this direction from the December 2007 worksession, Community Development staff presented the Board
recommended fee changes for the Building Regulations and Water Protection chapters of the County Code in April
2008, along with listings of comparable fees in neighboring localities. (Attachment B) Based on this report, the Board
directed staff to bring back ordinance amendments that incorporated the recommended fee changes to these two
ordinances.
STRATEGIC PLAN:
Goal 3: Develop a comprehensive funding strategy/plan to address the County's growing needs.
DISCUSSION:
The proposed ordinance amendments are provided as Attachments C and D. Staff notes one change from the fee
recommendation presented to the Board in April. The April report neglected to include revised fees for Zoning
inspections under Section 5-207 of the Building Regulations Ordinance. Two fee amounts in this Section are
recommended to be increased from $10 to $15 in the proposed ordinance amendment. The other changes in the
Building Regulations Ordinance are housekeeping items that eliminate an outdated reference to the National Building
Code, change the department name from "building code and zoning services" to "community development," and revise
the residential use group to reflect "R-5" rather than "R-4," in keeping with the current building code.
The amendment to the Water Protection Ordinance also proposes to add and amend several definitions and provides
for variances to plans. Variances are allowed under the State Erosion and Sediment Control Regulations for the
purpose of modifying measures to fit particular site conditions, but the Water Protection Ordinance has never
implemented fees to capture the cost of variance reviews. To address this, a new definition was added and sections
17-204 and 17-208 were revised to recognize variances. Next, the definitions for an amendment to a plan and
reinspection were revised to remove uncertainty as to when the County charges the fee. A definition for a plan review
AGENDA TITLE: Building Regulations Ordinance Amendment, BRTA 2008-1, and
Water Protection Ordinance Amendment, WPTA 2008-2
August6,2008
Page 2
was also added as the fee for plan reviews will be charged per review. Finally, the definition of a stormwater
managemenVBMP plan was revised to reflect variances and mitigation plans.
Staff notes that with approval of the two ordinances, we will proceed to work on revising the fees in the Subdivision
and Zoning ordinances to be brought back to the Board at an upcoming meeting. A Board worksession on the
Subdivision ordinance will be the first step.
Staff anticipates immediately implementing the proposed fees and has already advised the public of the changes. If
the Board desires to modify any of the proposed fees, staff recommends deferring the implementation of the ordinance
amendments to September 1, 2008. This will provide staff time to adjust applications and advise the public.
Alternative ordinance language with a deferred implementation date will be available for the Board at the meeting, if
needed.
BUDGET IMPACT:
As noted in the April 9th Executive Summary, the proposed fee changes are anticipated to increase County
revenues by $380,000 in FY 08/09, which assumes permit fees will be at 80% of an average year. In the future, it
is anticipated the proposed fees would increase to $480,000 per year in an average year. Based on previous
review of these proposed fee increases, the Board authorized and staff proceeded with filling two additional staff
positions that were previously frozen due to the overall budget shortfall.
Staff also intends to implement biennial fee adjustments, using the County's merit pool rate increase as the basis
for fee adjustments. The fee study noted that approximately 80% of the County's costs for reviews and
inspections are associated with salaries. .
RECOMMENDATIONS:
Staff recommends:
1. The Board adopt the Building Regulations Ordinance as provided in Attachment C.
2. The Board adopt the Water Protection Ordinance as provided in Attachment D.
3. The Board direct staff to process biennial fee adjustments using the County's merit pool percentages for the
two years as a basis for adjusting fees.
ATTACHMENTS
A - December 5. 2007 Executive Summary
B - April 9.2008 Executive Summary
C - BuildinQ ReQulations Ordinance Amendment
D - Water Protection Ordinance Amendment
Attachment A
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Community Development Fee Policy
AGENDA DATE:
December 5, 2007
ACTION: X
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Establish County Policy for Development Related
Fees
CONSENT AGENDA:
ACTION: INFORMATION:
STAFF CONTACT(S):
Tucker, Foley, Davis, Graham, Schlothauer
ATTACHMENTS: Yes
LEGAL REVIEW: Yes
REVIEWED BY:
BACKGROUND:
The purpose of this report is to review the findings of a Community Development Fee Study and to receive Board direction
on the development of a County policy for cost recovery with these fee based programs. Recognizing the Board's interest
in having development review and inspection fees recover all or part of the costs associated with those programs, the
County contracted a study with The PFM Group (PFM) to evaluate Community Development's fee based programs.
(Attachment A) PFM will present its report to the Board at this meeting. (Attachment B) Following that presentation, staff
will discuss PFM's recommendations and provide a recommendation on phasing in fee increases over time. Based on
Board input and discussion, staff will follow up at a future meeting with a final policy and proposed ordinance amendments
regarding cost recovery.
STRATEGIC PLAN:
Effectively Manage Growth and Development
DISCUSSION:
While the PFM study provides a significant amount of detailed information with respect to program costs and revenues, it
will be difficult to effectively utilize this information without establishing a policy for cost recovery through development fees.
PFM has provided six policy recommendations, which start on page 4 of their report. Staff's perspective on those
recommendations is provided below.
1. Improve data quality for fees. Specifically, PFM indicates the complexity of the current fee structure makes it difficult
to use, suggesting a need to create unique identifiers for each permit. Staff concurs with this recommendation and believes
this can be accomplished as part of consideration of ordinance amendments to revise fees.
2. Reduce the number of fee titles in the schedule. PFM provided a consolidated fee schedule with their report (Table
ES-4 starting on page 38). Staff concurs with the need to reduce the number of fee titles and believes this can be
accomplished as part of amending the fees in the ordinances.
3. Develop a Board Approved Cost Recovery Policy. PFM has recommended the County implement a policy for cost
recovery that 1) identifies the County's costs; 2) establishes the portion of costs to be recovered through associated fees;
3) establishes the frequency with which such fees would be reviewed; and 4) establishes the process for obtaining public
input related to fees. In reviewing the minutes of past Board meetings, it appears there was considerable discussion on a
fee policy in 1991, but no clear policy was established. (Attachments C & D) Following the 1991 discussions, there has
only been one comprehensive fee adjustment, but no further policy consideration. As a result, County fees have not
maintained the relationship to costs anticipated in 1991. Staff concurs with the PFM recommendation and believes this
policy can assure fees are being implemented in a fair and consistent manner. Within other parts of this discussion, staff
is providing recommendations for the issues of identifying the County's costs and the frequency of reviewing the fees. As
part of a cost recovery policy with development fees, the Board will also need to consider the following two issues:
AGENDA TITLE:
Community Development Fee Policy
December 5, 2007
Page 2
· Establishing the portion of the costs to be recovered through fees. In general, staff supports the concept of
full cost recovery through fees, but notes there are some services with community benefits that may justify
reduced fees and there are other services where full cost recovery would require fees that are significantly higher
than any of the comparison localities. For example, the fee associated with an Official Determination of
Development Rights is currently $40, the highest comparable fee was $100, and the County's cost associated with
this determination is estimated at $2,560. (Fee Study, ID #52, pages 11 & 20). The Board may feel this letter
provides a significant community benefit that justifies a lower fee when the determination is done for property being
placed in a conservation easement, but might consider a lower fee inconsistent with the County's goals when the
letter is used to market the development potential of a Rural Area property. Staff proposes a policy that assumes
full cost recovery where fees would be comparable to similar localities, but recognizes the Board may need to
provide guidance for the remaining services. Staff will develop further information on this in the future. Finally,
recognizing fees have not kept in step with cost increases since 1991, staff believes it is appropriate to phase in
some fee increases.
· Establishing the process for consideration of fee revisions. As the fees are established in County ordinances,
the formal process for revising the fees requires public hearings. Beyond this, staff believes that some fee
changes could prove controversial and it is desirable to have all concerns with fees identified prior to consideration
by the Planning Commission or Board. Staff recommends the process for fee changes include opportunities for
public comment before the ordinance amendments are drafted.
4. Adjust fees based on budget growth each year. PFM has recommended an annual adjustment based on a two step
process of reviewing work changes and inflation. While staff agrees the fees should be regularly adjusted, staff notes the
fee changes require amending ordinances and reprinting of guidance and documents to reflect the new fees. Given the
cost / benefit associated with the fee adjustments, staff recommends the policy have fees adjusted every other year, rather
than every year, and the adjustment be based on a simple-to-implement inflation factor.
5. Actual time spent providing the services related to each fee should be captured. PFM is recommending
Community Development implement a time keeping system to accurately track work time associated with each fee. Iffees
are to be set at or near full cost recovery, staff agrees this is important. It must be noted that development and
implementation of this time keeping system will be a major undertaking. If it is the Board's desire to set fees at or near
costs, staff recommends implementation of a fee specific time keeping system as part of Community Development's work
program next year. Staff has already started investigating how this may be done and will need to further discuss with the
Board the impact of this type of system on the work program.
6. A time period should be established for comprehensive review of development related fees. PFM has
recommended this review occur every four or five years with implementation of a time keeping system. Assuming a time
keeping system is implemented in FY 08-09, staff recommends the next comprehensive review should be planned for FY
11-12 and the interval for future comprehensive reviews should be established as part of that first review.
BUDGET IMPACT:
A cost recovery policy allows the County to establish the expectation for development funding versus County funding of
County administered permits. This provides for fair and consistent treatment of permits and simplifies budget preparation.
It is noted that there are costs associated with implementing and operating a time keeping system, but those cost can be
largely recovered as part of the fees.
RECOMMENDATIONS:
Staff recommends that the Board approve the attached 'Implementation Plan for Development Fee Policy' (Attachment E)
as the general direction for moving forward in implementing fee increases. In addition, staff recommends the Board
provide direction regarding the points discussed above that can be used in the development of a policy for consideration at
a future meeting. Both of these issues will be covered in greater detail through a presentation at Wednesday's Board
meeting.
ATTACHMENTS
Attachment A- Albemarle County Development Fee Study 2007
Attachment B - PFM Presentation Outline
Attachment C - June 12.1991 Board Minutes on Development Ordinance's Fee Schedules
Attachment D - Auaust 14. 1991 Board Minutes on Development Ordinance's Fee Schedules
Attachment E - Implementation Plan for Development Fee Policy
Attachment B
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Community Development Fees - Building
Regulations and Water Protection Ordinances
AGENDA DATE:
April 9, 2008
ACTION: X
INFORMATION:
SUBJECT/PROPOSAL/REQUEST:
Proposed increase in building permit and inspection
fees and Water Protection Ordinance fees;
establishment of a fee policy
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
STAFF CONTACT(S):
Messrs. Tucker, Foley, Davis, Kamptner, Graham,
and Schlothauer
REVIEWED BY:
LEGAL REVIEW: Yes
BACKGROUND:
The purpose of this worksession is to receive Board direction on staff recommended fee increases for fees
established in the Building Regulations and Water Protection ordinances and to establish a policy for future updates.
At the December 5, 2007 Board meeting, staff presented a Community Development Fee Study and a
recommendation for a policy on updating fees in the future. (Attachment A) Given the limited amount of time for
discussion and the complexity, it was not possible for the Board to give specific direction on revised fees. This
executive summary attempts to simplify this by limiting consideration, for now, to only the fees set forth in these two
ordinances and a policy for use in establishing future fee increases.
STRATEGIC PLAN:
Goal Three: Develop a comprehensive funding strategy/plan to address the County's growing needs.
DISCUSSION:
The discussion is divided into three specific topics: fees in the Water Protection Ordinance, permit and inspection fees
in the Building Regulations Ordinance, and a policy for future update of fees in both ordinances.
Water Protection Ordinance (WPO)
Fees in the WPO have received more recent attention than fees in other ordinances administered by Community
Development, but have lagged behind cost of services in recent years. To assist the Board in understanding how
Albemarle County fees compare to other localities, staff has provided a fee comparison in Attachments Band C. This
recommendation is for fees that provide close to full cost recovery while remaining comparable to other localities. As
discussed with the Board during consideration of the recent Rural Areas ordinance amendments and budget process,
these proposed fee increases would provide funding for an additional reviewerlinspector. Staff found the fees
comparable to other localities, but notes every locality appears to have unique characteristics with their fee structure.
The most important fee difference is associated with plan reviews and inspections for plans. (Attachment B: Fee ID#
69 & 70) Instead of calculating this fee by the acre, staff has recognized that the cost is better correlated to required
reviews and inspections, with a plan renewal fee to address the second year cost of inspections. It is noted this
structure provides an incentive for the developer to complete the grading activity as quickly as possible, which also
reduces the staff effort needed on the site. Finally, it should be noted this recommendation does not include Water
Protection Ordinance requirements where the fees are listed in the Subdivision or Zoning Ordinances (e.g.
groundwater assessment). Those proposed fee changes will be addressed at a future date.
Building Regulations
A comparison of recommended building fees with those in neighboring localities is provided in Attachment D, which
demonstrates the revised fees are comparable to those localities. Staff notes there is one significant change to
consider. For single family houses, new construction and additions (Fee ID #107), staff is recommending revising the
AGENDA TITLE: Community Development Fees - Building Regulations and Water Protection Ordinances
April 9, 2008
Page 2
current fee structure, which currently requires the owner/contractor to obtain a building permit and numerous sub-
permits. Staff is recommending this be simplified to one permit with all of the costs for the various sub-permits
wrapped into one permit. This is explained in Attachment E. This greatly improves both the permit processing and
understanding of costs for owners/applicants. It also removes an obstacle to online processing of permits, where the
complexity of the sub-permits has made it almost impossible to calculate the fees without a discussion with the
applicant. Staff is interested in expanding this concept to other building permits, but recognizes permit complexities
present unique challenges for many of the situations with commercial uses. As such, staff is only recommending this
approach for single family housing at this time, but will continue to investigate how it can be done with other building
permits. Again, these proposed fees target fees that provide close to full cost recovery but remain comparable to
other localities.
Automatic Fee Adjustment Policy
Staff believes the reason fees have failed to keep current is the County has never established a policy for automatic
adjustment of fees associated with the development ordinances. To assure Community Development administered
programs are properly managed, staff believes it is critical to establish a fee adjustment policy in the future. When
proposed adjustments to the Subdivision and Zoning Ordinances are reviewed with the Board in a future work session,
a proposed fee adjustment policy will be reviewed and proposed as well.
BUDGET IMPACT:
Historically, the County has seen revenues of approximately $940,000 in fees per year from these two ordinances.
With the recommended changes, the fees collected are estimated to increase to $1,420,000 in a typical year.
Under the County Executive's proposed FY 08-09 budget, it was anticipated that revised Community Development
fees would increase revenues by approximately $260,000 in the next fiscal year. The fees in this recommendation
are estimated to generate an additional $380,000 in the next fiscal year and $480,000 in a typical year. The
additional $120,000 projected increase in funding from these proposed fee increases would offset the cost of the
two currently frozen positions in Community Development, including the inspector needed to enforce the recently
amended Rural Areas ordinances.
RECOMMENDATIONS:
Staff offers the following recommendations:
1. Direct staff to bring forward changes to the Water Protection Ordinance fees as proposed in Attachment
B, with any other changes the Board determines appropriate.
2. Direct staff to bring forward changes to the Building Regulations Ordinance fees as proposed in
Attachment D, with any other changes the Board determines appropriate.
ATTACHMENTS
Attachment A - December 5. 2007 Executive Summary. Community Development Fee Study
Attachment B - Water Protection Ordinance recommended fees and comparisons
Attachment C - Additional Comparisons of WPO fees to neiQhborinQ localities
Attachment D - BuildinQ Reaulation Ordinance recommended fees and comparisons
Attachment E - BuildinQ Official memo on chanQes to fees structure for sinQle family houses
ATTACHMENT C
Draft: 07/10/08
ORDINANCE NO. 08-5( 1 )
AN ORDINANCE TO AMEND CHAPTER 5, BUILDING REGULATIONS, BY AMENDING ARTICLE I,
ADMINISTRATION, AND ARTICLE II, FEES, 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 5, Building
Regulations, Article I, Administration, and Article II, Fees, are hereby amended and reordained as follows:
By Amending:
Sec. 5-100
Sec. 5-101
Sec. 5-200
Sec. 5-201
Sec. 5-202
Sec. 5-203
Sec. 5-204
Sec. 5-206
Sec. 5-207
Sec. 5-208
Purpose and intent
Building inspection office established; powers and duties
Permit and inspection fees, generally
Fees for building permits
Fees for electrical permits
Fees for plumbing permits
Fees for mechanical permits
Fee for demolition permits
Fees for zoning inspections
Fees for other permits, plan amendments and reinspections
Chapter 5. Building Regulations
Article I. Administration
Sec. 5-100 Purpose and intent.
A. The purpose and intent of this chapter is to promote and to protect the public health, safety and
welfare by making the Virginia Uniform Statewide Building Code, as set forth in the National Building Code
published by Building Officials and Code .^~dm.inistrators International, Inc. and amended by order of the
Virginia Board of Housing and Community Development, applicable to all matters affecting or relating to
structures, including the construction, alteration, repair, addition, maintenance, demolition and removal of all
structures, and to the equipment in such structures. The purpose and intent of this chapter is also to establish a
procedure by which unsafe buildings and structures are repaired, removed, or demolished.
B. The Virginia Uniform Statewide Building Code shall be referred to in this chapter as the
"building code" and shall include the building code in its current form and as amended in the future.
C. A copy of the building code shall be kept on file in the department of building code and zoning
services community develooment.
(95-1; 10-18-73,96-1; 4-20-88; 9 5-2; 10-18-73,96-2; Code 1988, 9 5-1; Ord. 98-A(1), 8-5-98)
State law reference--Va. Code SS 36-97 et seq.; 36-105.
Sec.5-101 Building inspection office established; powers and duties.
A building inspection office is hereby established in the department of building eode and zoning
services community develooment, as provided herein:
A. The building inspection office shall be charged with the administration and enforcement of the
building code and this chapter, the review and approval of plans, the inspection of buildings and structures and
1
ATTACHMENT C
Draft: 07/10/08
the issuance of permits or certificates pertaining thereto. For purposes of this chapter, the term "building
inspection office" means the "local building department" as that term is used in the building code.
B. The building inspection office shall be directed by a building official appointed by the county
executive. The building official shall be charged with the administration and enforcement of this chapter and
the building code and, as such, shall have the duties and powers of a code official set forth in the building code.
The building official also shall be responsible for the supervision of the other employees of the building
inspection office. For purposes of this chapter, the term "building official" means the "code official" as that
term is used in the building code.
(s 5-1; 10-18-73, S 6-1; 4-20-88; S 5-2; 10-18-73, S 6-2; Code 1988, S 5-2; Ord. 98-A(1), 8-5-98)
State law reference--Va. Code SS 36-97 et seq.; 36-105.
Article II. Fees
Sec. 5-200 Permit and inspection fees, generally.
The fees for a permit or inspection required pursuant to the building code and this chapter shall be paid
as provided herein:
A. Except as provided in paragraph (E), no permit annlication shall be isstled accented until the
applicable fees required by this article have been paid. The fee shall be for the purpose of reimbursing, in whole
or in part, the department of building (;Jode aHd zoning services' community develonment's cost to review plans,
issue permits and conduct up to one reinspection of work performed pursuant to a permit.
B. Each fee shall be in the form of cash or a check payable to the "County of Albemarle."
Payment shall be made in the department of building eode and zoning services community develonment.
C. The payment of fees for a permit or permit amendment shall not relieve any person from the
payment of any other fees that may be required by law including, but not limited to, fees for water connections
and sewer connections.
D. The building official shall keep an accurate account of all fees collected pursuant to this chapter
and shall deposit all fees collected with the department of finance.
E. Neither the county nor the county school board shall be required to pay any fee otherwise
required by this article for a permit or inspection required by this chapter.
(I':. 5-3' 10-18-73 I':. 6-3' 3-21-74' 10-17-74' 10-4-78' 4-17-85' 7-13-88' 6-7-89' Res of9-6-95' Code 1988 I':. 5-
'::i, , '::i, , , , , , ,. , , '::5
3; Ord. 98-A(1), 8-5-98)
State law reference--Va. Code ~ 36-105.
Sec. 5-201 Fees for building permits.
The fees for building permits are hereby established as provided herein:
A. Residential structures in use groups R-3 and R-4 R-5. The fee for each new structure in use
groups R-3 or R-4 R-5 (one- and two-family dwellings) other than a garage, deck or porch, or for an addition to
an existing residential structure in either such use group, shall be $Q.M $0.49 per square foot, calculated on
gross finished square footage. The minimum fee shall be $75.00.
2
ATTACHMENT C
Draft: 07/10/08
B. Accessory residential structures. The fee for each residential attached garage, detached garage,
shed, or deck or porch ten square feet or larger, shall be $().,-W $0.15 per square foot, calculated on gross finished
square footage. The minimum fee shall be $25.00.
C. Residential swimming pools, hot tubs and spas. The fee for each residential swimming pool, hot
tub or spa shall be ~ $50.00.
D. Mobile homes and prefabricated homes. The fee for each mobile home or prefabricated home
shall be~$45.00.
E. New commercial structures in various use groups. The fee for each new structure in use group
A-I, A-2, A-3, A-4, A-5. B, ~ F-l. F-2. M; H-l. H-2. H-3. H-4. H-5, I-I, 1-2, 1-3, 1-4. M, R-1, R-2, R-4. S-l, ef
S-2, or U. or an addition to an existing commercial structure in any such use group, shall be ~ $0.20 per
square foot for the first 5,000 square feet, plus ~ $0.14 per square foot for each square foot in excess of
5,000 square feet, calculated on gross square footage. The minimum fee shall be $75.00.
F. New eemmeroitll structures in use gr-eu[J A 5. The fee f.or each new structure in use group .^~ 5,
or an addition to an existing commercial structure in such use group, shall be $ 0.02 per square foot for tee frrst
20,000 square feet, plus $0.01 per square foot for each square foot in excess of20,000 square feet, calculated on
gross square footage. The minimum fee shall be $75.00. Chanee ofbuildine occuvancv classification. The fee
for a chan!!e of OCCUDancv classification evaluation shall be $150.00.
G. Commercial swimming pools. The fee for each commercial swimming pool shall be $0.05 per
square foot, calculated on gross square f.ootage $305.00. The minimum fee shall be $50.00.
H.
$240.00.
Elevators, escalators and lifts. The fee for each elevator, escalator or lift shall be ~
1.
Paint spraying booths. The fee for each paint spraying booth shall be $25.00.
J. Mobile offices and premanufactured units. The fee for each mobile office or premanufactured
unit shall be ~ $45.00.
K. Tents. The fee for each tent shall be ~ $50.00.
L. Alterations and repairs of structures in all use groups. The fee for an alteration or repair of a
structure in any use group shall be ~ $0.17 per square foot of floor area affected, provided that there is no
increase in gross square footage. The minimum fee shall be ~ $75.00.
(95-3; 10-18-73,96-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of9-6-95; Code 1988, 9 5-
3; Ord. 98-A(1), 8-5-98)
State law reference-oVa. Code 9 36-105.
Sec. 5-202 Fees for electrical permits.
The fees for electrical permits are hereby established as provided herein:
A. Residential structures in use groups R-3 and R-4 R-5. The fee for each new structure in use
groups R-3 and R-4 R-5 (one- and two-family dwellings) other than a garage, deck or porch, or for an addition
to an existing residential structure in either such use group, shall be ~ included as Dart of the buildin!!
Dermit fee under section 5-20HA).
3
ATTACHMENT C
Draft: 07/10/08
B. Accessory residential structures. The fee for each residential attached garage, detached garage,
shed, or deck or porch ten square feet or larger, shall be ~ $30.00.
C. Mobile homes and prefabricated homes. The fee for each mobile home or prefabricated home
shall be ~ $30.00.
D. Commercial structures in various use groups. The fee for each new structure in use group A-I,
A-2, A-3, A-4, A-5, B, f. F-l. F-2, M; H-l. H-2. H-3. H-4. H-5, 1-1, 1-2, 1-3, 1-4. M, R-l, R-2, R-4. S-l, ef S-2,
or D, or an addition to an existing commercial structure in any such use group, shall be ~ $0.04 per square
foot. The minimum fee shall be ~ $75.00.
E. Swimming pools, hot tubs and spas. The bonding fee for each swimming pool, hot tub or spa
shall be ~ $30.00. The equipment wiring fee for each swimming pool, hot tub or spa shall be ~
$30.00.
F. Alterations and repairs of structures in all use groups. The fee for an alteration or repair of a
structure in any use group shall be ~ $0.04 per square foot of floor area affected, provided that there is no
increase in gross square footage. The minimum fee shall be ~ $75.00.
G. Signs. The fee for each sign shall be ~ $45.00.
H. Temporary service. The fee for each temporary electric service shall be ~ $95.00. unless
the service is souQ:ht as Dart of a bui1dinQ: Dermit for which a fee was Daid under section 5-201(A)'
I. Early service. The fee for each early electric service shall be ~ $60.00. unless the service
is souQ:ht as Dart of a buildinQ: Dermit for which a fee is Daid under section 5-20 l( A),
J. Fuel dispensing pumps. The fee for each fuel dispensing pump shall be ~ $30.00. +he
minimum fee shall be $25.00.
K. Alarm systems. The fee for each alarm system shall be ~ $0.04 per square foot of the gross
square footage of the structure. The minimum fee shall be ~ $75.00.
(I:. 5-3' 10-18-73 I:. 6-3' 3-21-74' 10-17-74' 10-4-78' 4-17-85' 7-13-88' 6-7-89' Res of9-6-95' Code 1988 I:. 5-
':;, , -:;, , , , , , ,. , , ':;
3; Ord. 98-A(1), 8-5-98)
State law reference--Va. Code ~ 36-105.
Sec. 5-203 Fees for plumbing permits.
The fees for plumbing permits are hereby established as provided herein:
A. Residential structures in use groups R-3 and R-4= R-5. The fee for each new structure in use
groups R-3 and R-4 R-5 (one- and two-family dwellings) other than a garage, deck or porch, or for an addition
to an existing residential structure in either such use group, shall be ~ included as Dart of the buildinQ:
Dermit fee under section 5-201(A).
B. Mobile homes and prefabricated homes. The fee for each mobile home or prefabricated home
shall be ~ $30.00.
C. Commercial structures in various use groups. The fee for each new structure in use group A-I,
A-2, A-3, A-4, A-5, B, f. F, M; H=L-H-2. H-3. H-4. H-5, 1-1, 1-2, 1-3, ~ M, R-1, R-2, R-4. S-l, ef S-2, or D.
4
ATTACHMENT C
Draft: 07/10/08
or an addition to an existing commercial structure in any such use group, shall be ~ $8.00 per fixture. The
minimum fee shall be $W;OO $75.00.
D. Alterations and repairs of structures in all use groups. The fee for an alteration or repair of a
structure in any use group shall be ~ $8.00 per fixture, provided that there is no increase in gross square
footage. The minimum fee shall be ~ $75.00.
E. Water lines. The fee for each water line shall be $25.00. unless the lines are included as Dart ofa
buildinf! Dermit for which a fee is Daid under section 5-201(A)'
F. Sewer laterals. The fee for each sewer lateral shall be $25.00. unless the lateral is included as
Dart of a buildinf! Dermit for which a fee is Daid under section 5-201(A)'
G. Fire suppression systems. The fee for each fire suppression system shall be $(hW $0.80 per
head. The minimum fee shall be ~ $75.00.
(s 5-3; 10-18-73, S 6-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of 9-6-95; Code 1988, S 5-
3; Ord. 98-A(I), 8-5-98)
State law reference--Va. Code 9 36-105.
Sec. 5-204 Fees for mechanical permits.
The fees for mechanical permits are hereby established as provided herein:
A. Residential structures in use groups R-3 and,R-4 R-5. The fee for each new structure in use
groups R-3 and R-4 R-5 (one- and two-family dwellings) other than a garage, deck or porch, or for an addition
to an existing residential structure in either such use group, shall be $W;OO included as Dart of the buildinf!
Dermit fee under section 5-201(A)'
B. Mobile homes and prefabricated homes. The fee for each mobile home or prefabricated home
shall be ~ $30.00.
C. Commercial structures in various use groups. The fee for each new structure in use group A-I,
A-2, A-3, A-4, A-5, B, ~ F-l. F-2, M, H-l. H-2. H-3. H-4. H-5, I-I, 1-2, 1-3, 1-4. M, R-l, R-2, R-4. S-I, er-S-2,
or U. or an addition to an existing commercial structure in any such use group, shall be ~ $0.04 per square
foot of gross square footage. The minimum fee shall be ~ $75.00.
D. Alterations and repairs of structures in all use groups. The fee for an alteration or repair of a
structure in any use group shall be ~ $0.04 per square foot of gross square footage, provided that there is no
increase in gross square footage. The minimum fee shall be ~ $75.00.
E. Underground tanks. The fee for each underground tank, including associated piping, shall be
$W;OO $170.00. unless the tanks are included as Dart of a buildinf! Dermit for which a fee is Daid under section
5-201(A).
F. Aboveground tanks. The fee for each aboveground tank, including associated piping, shall be
~ $100.00. unless the tanks are included as Dart of a buildinf! Dermit for which a fee is Daid under section
5-201(A).
G. Gas and oil lines. The fee for each gas or oil line shall be ~ $35.00. unless the lines are
included as Dart of a buildinf! Dermit for which a fee is Daid under section 5-20 l( A),
5
ATTACHMENT C
Draft: 07/10/08
H. Furnaces, wood stoves and gas log systems. The fee for each furnace, wood stove or gas log
system shall be ~ $65.00. unless the furnace. stove or lZas 101Z svstem is included as Dart of a buildinlZ
Dermit for which a fee is Daid under section 5-201(A)'
I. Range hoods. The fee for each range hood shall be $25.00.
J. Hood suppression systems. The fee for each hood suppression system shall be ~ $30.00.
(95-3; 10-18-73,96-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of 9-6-95; Code 1988, 9 5-
3; Ord. 98-A(1), 8-5-98)
State law reference--Va. Code ~ 36-105.
Sec. 5-206 Fee for demolition permits.
The fee for each demolition permit shall be ~ $95.00.
(95-3; 10-18-73,96-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of9-6-95; Code 1988, 9 5-
3; Ord. 98-A(1), 8-5-98)
State law reference--Va. Code ~ 36-105.
Sec. 5-207 Fees for zoning inspections.
The fees for inspections to determine compliance with the zoning ordinance are hereby established as
provided herein:
A. Foundation of main and accessory structures. The fee for each inspection following the laying
of the foundation of main or accessory structures shall be ~ $15.00 per inspection.
B. Surface water drainage pipes and culverts. The fee for each inspection pertaining to the size
and location of surface water drainage pipes and culverts shall be $10.00 per inspection.
C. Subsurface stone for parking lot or entrance. The fee for each inspection to determine the
proper depth of the subsurface stone for a parking lot on, or entrance onto, the property being developed, prior to
the final surfacing ofthe parking lot or entrance, shall be $10.00 per inspection.
D. Final site inspection. The fee for each final site inspection before a certificate of occupancy or a
temporary certificate of occupancy shall be $10.00 $15.00 per inspection.
(95-3; 10-18-73,96-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of 9-6-95; Code 1988,95-
3; Ord. 98-A(1), 8-5-98)
State law reference--Va. Code ~ 36-105.
Sec. 5-208 Fees for other permits, plan amendments and reinspections.
The fees for other permits, plan amendments and reinspections are established as provided herein:
A. Other permits. The fees for any other building, electrical, plumbing, mechanical, or amusement
device permit not identified in this article shall be ~ $30.00 per inspection.
B. Plan amendments. The fee for each new plan submitted which requires any structural or fire
safety review shall be ~ $30.00.
6
ATTACHMENT C
Draft: 07/10/08
C. Reinspections. The fee for each inspection of work performed, after the second inspection of
such work, shall be ~ $30.00 per inspection.
(95-3; 10-18-73,96-3; 3-21-74; 10-17-74; 10-4-78; 4-17-85; 7-13-88; 6-7-89; Res. of9-6-95; Code 1988,95-
3; Ord. 98-A(1), 8-5-98)
State law reference--Va. Code ~ 36-105.
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. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
7
ATTACHMENT D
Draft: 07/10/08
ORDINANCE NO. 08-17( 2)
AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY
OF ALBEMARLE, VIRGINIA, BY AMENDING ARTICLE I, GENERAL, ARTICLE II, EROSION 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 Chapter 17, Water
Protection, Article I, General, Article II, Erosion and Sediment Control, and Article III, Storrnwater
Management and Water Quality, are amended and reordained as follows:
By Amending:
Sec. 17-104
Sec. 17-204
Sec. 17-208
Sec. 17-209
Sec. 17-212
Sec. 17-310
Definitions
Review and approval of erosion and sediment control plan
Amendment of erosion and sediment control plan
Fees
Inspections
Fees
Chapter 17. Water Protection
Article I. General
Sec. 17-104 Definitions.
The following definitions shall apply in the interpretation and implementation of this chapter:
(2.1) Amendment to avvroved vlan. The term "amendment to aooroved olan" means a revision to a
olan oreviouslv aooroved bv the orolITam authority that reQuires a olan review and aooroval before it is
incoroorated into the aooroved olan. The revision can oril!inate as a desired chanl!e bv the owner or to satisfy
either a notice to comolv or stoo work order issued bv the orolITam authority.
.
(22.1) Insvection. The term "insoection" means the examination of a oremises bv the orolITam
authority for the ouroose of deterrnininl! comoliance with the reQuirements of this chaoter or deterrnininl!
whether bonded imorovements are constructed as reQuired bv the aooroved olans reQuired bv this chaoter.
(35.2) Plan review. The term "olan review" means each review of a ulan bv the orolITam authority for
the ouroose of deterrnininl! comoliance with the reQuirements of this chaoter includinl!. but not limited to. the
review of a ulan that has been revised and resubmitted after the orolITam authority reviewed and disaooroved a
orior olan.
(39.1) Reinsvection. The term "reinsoection" means an insoection necessitated bv either a notice of
violation or stoo work followinl! issuance bv the orolITam authority.
ATTACHMENT D
Draft: 07/10/08
(44) Storm water management/EMP facilities maintenance agreement. The term "stormwater
managementIBMP facilities maintenance agreement" means an agreement that commits the owner or other
designated parties to maintain and inspect stormwaterlBMP facilities. includimr those reQuired bv aooroved
mitil!:ation olans reQuired bv section 17-322. constructed in accordance with this chapter based on specific terms
and conditions of the agreement.
(45) Storm water management/EMP plan. The term "stormwater managementlBMP plan" means a
document that describes the controls for the management of the rate of stormwater discharge and best
management practices for water quality protection, includinl!: mitil!:ation olans reQuired bv section 17-322. and
which includes a narrative section, a map or site plan, pertinent calculations, and any specifications submitted
with the plan.
(47.2) Variance. The term "variance" means an owner-reQuested waiver from or modification to either
the minimum standards of the Viminia Erosion and Sediment Control Rel!:ulations or an acceoted erosion and
sediment control measure which reQuires the oro!!:ram authority's evaluation and aooroval before it can be
incoroorated into a olano Unless determined bv the oro!!:ram authority that the variance can aoolv to other olans.
a variance shall aoolv onlv to the olan for which it was reQuested and a seoarate variance shall be reQuired for
anv other olano
(s 7-2, 6-18-75, S 4, 7-9-80,2-11-87,3-18-92, S 19.1-5,9-29-77, art. I, S 2, 9-13-78, 7-11-90, 8-3-94; S
19.2-4,6-19-91; S 19.3-5,2-11-98; Code 1988, SS 7-2,19.1-5,19.2-4,19.3-5; Ord. 98-A(1), 8-5-98; Ord.
07-17(1),2-14-07; Ord. 08-17(1), 2-6-08)
State law reference--Va. Code SS 10.1-560,10.1-603.2.
Article II. Erosion and Sediment Control
Sec. 17-204 Review and approval of erosion and sediment control plan.
,
Each erosion and sediment control plan submitted pursuant to this article shall be reviewed and
approved as provided herein:
A. The plan shall be reviewed by the program authority to determine whether it complies with the
requirements of section 17-203 and all other requirements of this article.
B. During its review of the plan, the program authority may meet with the owner from time to time
to review and discuss the plan with the owner, and shall inform the owner in writing of any modifications,
terms, or conditions required to be included in the plan in order for it to be approved. The oro!!:ram authority
mav also consider and act on a variance reQuest under the followinl!: criteria: (i) the owner shall exolain in
writinl!: the reasons for reQuestinl!: the variance: and (iD the variance mav be aooroved if the oro!!:ram authority
determines that the aooroved olano with the variance and anv associated conditions of aooroval. would orotect
off-site orooerties and resources from damal!:e to the same extent or better than if the variance was not !!:ranted.
C. Except as provided in paragraph fI)j (El, the program authority shall approve or disapprove a
plan in writing within forty-five (45) days from the date the complete application was received by the program
authority. The decision ofthe program authority shall be based on the plan's compliance with the requirements
of this article. The decision shall be in writing and shall be served by first class mail to the address provided by
2
ATTACHMENT D
Draft: 07/10/08
the owner in the application for approval of the plan or by personal delivery to the owner. The date of the
decision shall be either the date that it is deposited for mailing or the date that it is personally delivered to the
owner. If the plan is disapproved, the reasons for disapproval shall be stated in the writing.
D. If the program authority fails to act on the plan within forty-five (45) days from the date the
application was received by the program authority, the plan shall be deemed approved.
E. If the owner is required to obtain approval of a site plan or plat, the program authority shall not
approve an erosion and sediment control plan unless and until the site plan or plat is approved as provided by
law. For purposes of this paragraph, a site plan or plat may be deemed approved by the program authority ifits
approval is conditioned upon the approval of an erosion and sediment control plan pursuant to this article, and
the program authority determines that review and approval of the erosion and sediment control plan will not
affect approval of the site plan or plat. The program authority may approve an erosion and sediment control
plan prior to approval of a required site plan or plat in the following circumstances:
1. to correct any existing erosion or other condition conducive to excessive sedimentation
which is occasioned by any violation of this chapter or by accident, act of God or other cause beyond the control
of the owner; provided, that the activity proposed shall be strictly limited to the correction of such condition;
2. to clear and grub stumps and other activity directly related to the selective cutting of
trees, as permitted by law;
3. to install underground public utility mains, interceptors, transmission lines and trunk
lines for which plans have been previously approved by the operating utility and approved by the county as
being substantially in accord with the comprehensive plan, if necessary;
4.
disturbing activity;
to fill earth with spoils obtained from grading, excavation or other lawful earth
5. to clear, grade, fill or engage in similar related activity for the temporary storage of
earth, equipment and materials, and to construct temporary access roads; provided, that in each case, the area
disturbed shall be returned to substantially its previous condition, with no significant change in surface contours.
The return to previous condition shall occur within thirty (30) days of the completion of the activity or
temporary use, or within thirteen (13) months of the commencement of any land disturbing activity on the land
which is related to the activity, whichever period shall be shorter; or
6. to establish borrow, fill or waste areas in accordance with sections 5.1.28 and 10.2.1.18
of the zoning ordinance.
(s 7-5, 6-18-75, S 7,2-11-76,4-21-76,6-2-76, 7-9-80, 7-8-81, 2-11-87, 3-18-92; S 19.3-12,2-11-98; Code 1988,
SS 7-5, 19.3-12; Ord. 98-A(1), 8-5-98)
State law reference--Va. Code ~ 10.1-563.
Sec. 17-208 Amendment of erosion and sediment control plan.
The program authority may change an approved erosion and sediment control plan and require an owner
to submit an amended plan in the following circumstances:
1. An inspection conducted pursuant to section 17-212 reveals that the plan is inadequate to satisfy
the requirements of this article;
2. The owner finds that, because of changed circumstances or for other reasons, the approved plan
3
ATTACHMENT D
Draft: 07/10/08
cannot be effectively carried out and either proposed amendments to the plan, consistent with the requirements
of this article, are agreed to by the program authority and the owner or the owner submits and obtains aODroval
of a variance and the DrOlITam authority determines that an amendment to the olan is reQuired. The DrOlITam
authority mav consider and act on a variance reQuest under the followillll criteria: (i) the owner shall exolain in
writin!! the reasons for reQuestin!! the variance: and (ii) the variance mav be aODroved if the DrOlITam authority
determines that the amended olan. with the variance and anv associated conditions of aODroval. would Drotect
off-site Drooerties and resources from dama!!e to the same extent or better than if the variance was not lITanted.
The DrOlITam authority shall aODrove or disaoDrove the variance in writin!! within ten (10) davs after receiot of
the reQuest. If the DrOlITam authority does not aODrove a variance within ten (10) davs of the receiot of the
reQuest. it shall be deemed to be disaoDroved.
3. The land disturbing activity did not begin during the one hundred eighty (180) day period
following plan approval, or ceased for more than one hundred eighty (180) days, and the existing plan has been
evaluated to determine whether it still satisfies the requirements of this article and state erosion and sediment
control criteria and to verify that all design factors are still valid, and it has been determined that the plan is
inadequate. In such a case, the land disturbing activity shall not be resumed until a modified plan is submitted
and approved as provided in this article.
(s 7-5, 6-18-75, S 7,2-11-76,4-21-76,6-2-76, 7-9-80, 7-8-81, 2-11-87, 3-18-92; S 19.3-16,2-11-98; Code 1988,
SS 7-5, 19.3-16; Ord. 98-A(1), 8-5-98)
State law reference-Va. Code 9 10.1-563.
Sec. 17-209 Fees.
Each owner seeking approval of an erosion and sediment control plan or entering into an agreement in
lieu of a plan shall pay a fee upon submittal of such plan, and shall pay a fee for each reinspection, in amounts
according to the schedule set forth below. Each fee shall be in the form of cash or a check payable to the
"County of Albemarle."
A. Land disturbing activity pertaining to single family dwelling unit:
1. Agreement in lieu of a plan if single family dwelling unit located in a residential
development: ~ $150
2. Agreement in lieu of a plan if single family dwelling unit not located in a residential
development: ~ $150
3. Plan review for a single family dwelling unit: $+W $150 oer review
4. Permit and first vear insoection fees for a sin!!le fami1v dwellin!! unit: $150
5. Annual oermit renewal and insoection fees for a sin!!le familv dwellin!! unit. startin!!
with second vear: $150
4~. Each reinspection: ~ $150
B. Land disturbing activity pertaining to non-exempt agricultural land:
1. Plan review: $+W $150 oer review
2. Permit and first vear insoection fees: $150
4
ATTACHMENT D
Draft: 07/10/08
2-~. Each reinspection: $W $150
4. Annual oermit renewal and insoection fees. startin2: with second vear: $150
C. All other land disturbing activity:
1. Pl&fl: $320 -+ $125 per acre of disturbed area or portion thereof, flot to exeeed $3000
2. .^.nnual rone'.','''ll of &pproved pl&n: $320
3. Major amendment ofpl&n: $150
1. Each reinspection: $70
1. Plan review. disturbed area less than one acre: $150 oer review
2. Permit and first vear insoection fees. disturbed area less than one acre: $200
3. Annual oermit renewal and insoection fee. disturbed area less than one acre: $200
4. Plan review. disturbed area one acre or lar2:er: $300 oer review
5. Permit and first vear insoection fees. disturbed area one acre or lar2:er: $100 oer
disturbed acre
6. Annual oermit renewal and insoection fee. disturbed area one acre or lar2:er. startin2:
with second vear: $100 oer disturbed acre
7. Each reinsoection: $250
8. Amendment to aooroved ulan: $180 oer olan review
D. Variances: $760 oer reauest
(R 7-4 6-18-75 R 6 10-22-75 4-21-76 11-10-76 3-2-77 4-17-85 2-11-87 12-11-91 3-18-92' R 193-17 2-
':;, , ~ , , , , , , , , , ':'f . ,
11-98; Code 1988, SS 7-4, 19.3-17; Ord. 98-A(1), 8-5-98; Ord. 98-17(1), 11-11-98; Ord. 02-17(1), 7-3- 02))
State law reference-Va. Code 910.1-562.
Sec. 17-212 Inspections.
The program authority shall inspect any land disturbing activity or erosion impact area as provided
herein:
A. The program authority shall conduct periodic inspections ofland disturbing activities and
erosion impact areas to determine compliance with the approved erosion and sediment control plan, and to
determine whether such approved plan and permit as implemented are adequate to satisfy the requirements of
this article.
B. Except as provided in paragraph (C), the periodic inspections shall be conducted: (i) during or
immediately following initial installation of erosion and sediment controls; (ii) at least once during every two (2)
week period thereafter; (iii) within forty-eight (48) hours following any runoff producing storm event; and (iv)
at the completion of the project prior to the release of any surety. The inability of the program authority to
5
ATTACHMENTD
Draft: 07/10/08
conduct inspections within the time periods set forth in this paragraph shall not be deemed to be a failure ofthe
program authority to perform a mandatory duty or a ministerial function, and no liability to the county, the
program authority, or any official or employee thereof shall arise therefrom.
C. Notwithstanding paragraph (B), the program authority is authorized to establish an alternative
inspection program which ensures compliance with an approved erosion and sediment control plan. Such
alternative inspection program shall be: (i) approved by the Virginia Soil and Water Conservation Board prior to
implementation; (ii) established in writing; (iii) based on a system of priorities which, at a minimum, address the
amount of disturbed project area, site conditions, and stage of construction; (iv) documented by inspection
records; and (v) maintained and available for public review in the department of engineering and public '.yorks
community develoument.
D. The program authority shall have the right to enter upon property subject to an erosion and
sediment control plan for the purposes of conducting an inspection as provided in this section or an investigation
pertaining to an erosion or sedimentation complaint. The owner shall be given notice of the inspection. Such
notice may be either verbal or in writing.
E. The fees required for inspections conducted pursuant to paragraph (B)(i), (ii) and (iv) are a part
of the application fee required by section 17-209. The fee required for inspections conducted pursuant to
paragraph (B)(iii) shall be paid by the owner within thirty (30) days of the date shown on the invoice.
(97-6,6-18-75,98,2-11-76,4-21-76,2-11-87,3-18-92; 9 19.3-20,2-11-98; Code 1988,997-6,19.3-20; Ord.
98-A(1),8-5-98)
State law reference--Va. Code S 10.1-566.
Article III. Stormwater Management and Water Quality
Sec. 17-310 Fees.
Each owner seeking approval of a stormwater management/BMP plan shall pay a fee upon submittal of
such plan, and shall pay a fee for each inspection, in amounts according to the schedule set forth below. Each
fee shall be in the form of cash or a check payable to the "County of Albemarle."
1. Plan review: ~ $300 uer ulan review
2. Major amendment of plane Amendment to auoroved ulan: $-lOO $180 uer ulan review
3. Request for exception (section 17-308): $240
4. Request for development in a stream buffer or for reduction or modification of stream
buffer (section 17-321) and mitigation plan (if not part of another document) (section 17-
322): $+(:) $85
5. Each inspection or reinspection: $60
6. Mitil!ation ulan (section 17-322): $860
(9 19.3-34,2-11-98; 9 19.1-8,9-29-77, art. II, 9 3, 7-11-90; Code 1988,99 19.1-8, 19.3-34; Ord. 98-A(1), 8-5-
98; Ord. 02-17(1), 7-3-02)
State law reference-Va. Code S 10.1-603.10.
6
ATTACHMENT D
Draft: 07/10/08
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
Aye Nay
Mr. Boyd
Mr. Domer
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Clerk, Board of County Supervisors
7
Extend Runway 21 - Phase
One
Presented to:
Albemarle County Board of Supervisors
August 6, 2008
Barbara Hutchinson, C.M.
Executive Director
Charlottesville-Albemarle
Airport Authority
AIRPORT AIRFIELD MILESTONES
1940's Airport Planning & Approval
1953 FAA Grant for Construction (4,658'x100' runway)
1966 FAA Grant to Extend Runway to Current Length (6,001'x150')
1974 FAA Construction of Air Traffic Control Tower
1981 FAA Grant to Construct R/IN 21 Safety Area (compliance)
1982 FAA Grant to Rehabilitate R/IN 3-21 Drainage
AIRPORT AIRFIELD MILESTONES
2003
Master Plan Update to Include Statement of Need to Extend Runway
2004
Master Plan Accepted by FAA, State, County
2004
FAA Benefit Cost Analysis of Project
2005-2007
Environmental Assessment of 9 Projects Including Runway Extension
January 2008
DEQ Approval and FAA Finding of No Significant Impact (FONSI)
January 2008
State Issuance of New Airport License Recognizing Improved Runway
July 2008 Bids for Phase 1A of at least 4 Phases
Oct/Nov 2008
Commence Construction of Phase 1A
"_10 Y""r"
A" nL..____
-1953
FAA Grant for Construction (4,658'x100' runway)
18 IMPACT CATEGORIES EVALUATED AS PART OF ENVIRONMENTAL ASSESSMENT
(Prepared pursuant to NEPA-National Environmental Policy Act/VA environmental regulations Br.
applicable Albemar e County reaulationsl
IMPACT CATEGORY IMPACT CATEGORY
Air Quality Historic & Cultural Resources
Coastal Resources Light Emissions & Visual Impacts
Compatible Land Use Natural Resources, Energy Supply,
and Sustainable Design
Construction Impacts Noise
Dept of Transportation Secondary (Induced) Impacts
Section 303/4(1)
Socioeconomic Impacts,
Farmlands Environmental Justice, & Children's
Environmental Health & Safety Risks
Fish, Wildlife & Plants Water Quality
Floodplains Wetlands
Hazardous Materials, Pollution Wild & Scenic Rivers
Prevention & Solid Waste
I ~
CHAP<~~
WHY EXTEND THE RUNWAY?
1. High Density Altitude & Associated Economic Impact:
High density altitude conditions reduce an airplane's performance because:
-the engine is now taking in less air to support combustion so power is reduced;
the propellers have less air to move in than under normal conditions so thrust is
reduced;
-a jet engine has less mass of gases exiting the exhaust end so thrust is reduced;
there are less molecules in the air, the lighter air exerts less force on the wings
which result in reduced lift;
-reduced thrust and lift means more runway length is needed for takeoff and more
clearance area at the end of the runway is needed because of a reduced climb
rate.
2. Aircraft Weight & Associated Economic Impact:
General Aviation Aircraft, UVA Athletic & Other Charters, Troops
AIRPORT ECONOMIC
IMPACT:
1. FAA/State Investment of over $65 million into local
community
1. Local DIRECT Economic Impact from Airport to Local
Community - >$167,000 in 2004
HOWEVER:
1. Industry Crisis
2. Unique Window of Opportunity
3. Cost of Missed Opportunities
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"An Airport Runway is the Most Important
Main Street in Any Town"
- Norman Crabtree, Former Director, Ohio Department of Transportation
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Budget Process Review Committee Report
AGENDA DATE:
August6,2008
ACTION:
INFORMATION: X
SUBJECT/PROPOSAL/REQUEST:
Final Report submitted to the County Executive by
the Budget Process Review Committee
CONSENT AGENDA:
ACTION: INFORMATION:
REVIEWED BY:
STAFF CONTACT(S):
Messrs. Tucker, Foley, and Wiggans; and Ms. Catlin
ATTACHMENTS: Yes
LEGAL REVIEW: Yes
BACKGROUND:
In an effort to improve the County's overall accountability for expenditures, the County Executive established a
committee to assist him in evaluating the short and long range processes that lead to the development of the annual
budget. The committee was selected to be a group outside of the day to day operations of the County with experience
in other public and private sector organizations that could review and evaluate the County's current processes and
suggest areas for improvement.
This initiative is one of several efforts underway or planned for by the County aimed at exploring opportunities for
improvement to ensure accountability for budgeting and financial management. Other efforts include the newly
established Program and Service Review Process and the recently approved Resource Management Study to be
conducted by an outside entity over the coming months. Collectively, these efforts will assist with ensuring that the
County's expenditures and processes result in the provision of efficient and effective services that are aligned with its
mission and values.
STRATEGIC PLAN:
Goals 5: Fund the County's Future Needs.
Objective 5.1: By June 30, 2010, develop a comprehensive funding strategy/plan to address the County's growing
needs.
DISCUSSION:
The committee, which was comprised of seven community members and two Board of Supervisors members along
with the Superintendent of Schools, was established with the following charge:
Review the County's financial planning processes that lead to the development of the annual budget and suggest any
potential areas for improvement. The County's annual budget is driven by the goals established by the Board of
Supervisors through the Comprehensive Plan and Strategic Plan as well as by State and Federal mandates. The
major processes that drive the development of the annual budget proposal include:
. Development and Review of the Five-Year Financial Plan
. Development and Review of the Capital Improvement Program
. Department/Community Budget Request Process
. Program/Service Review Process
. Public Input Process
The committee met five times over a three-month period, and developed a set of recommendations on process
improvements and on communication/outreach improvements that are detailed in the attached report. The
committee also agreed on the following general observations:
AGENDA TITLE: Budget Process Review Committee Report
August6,2008
Page 2
General Observations
· While there is room for improvement, the committee generally felt that the County's budget-related processes
are comprehensive and thorough;
· The committee provided positive feedback on the County's program and service review process and use of
performance measures and data to aid in decision-making and to help identify reasonable alternatives and
options;
· Several members of the committee felt that there should not be an automatic 60/40 split of available revenue
for use in education/non-education functions;
· A majority of the committee felt that strong consideration should be given to additional focus on benchmarking
and continued improvement in use of performance measures;
· Members cited the importance of providing sources of information and assumptions used as a goal for all
processes;
. Members observed that while the County affords multiple opportunities for the public to participate in its annual
budget process, the challenge is to create more comprehensive public awareness and understanding of when
and how feedback can be offered to the Board and staff.
The committee also came to agreement on the following summary points:
Summary
All members of the committee confirmed that the County's general approach to long term financial planning processes
and the annual budgeting process is "very valid" and includes similar fundamental elements to those used at other
public and private sector institutions such as Martha Jefferson Hospital and the University of Virginia. In the words of
one committee member, "Bob Tucker and his budget staff are doing a good job and looking at all the right things."
The committee did feel that there were improvements that could be made to the processes as outlined in the
recommendations, and emphasized the following concepts in their guidance to County staff:
· Continue the focus on prioritizing needs and long term planning - "the budgeting process is all about choices"
. Continue to look very carefully at the long term implications of individual budget decisions
· Keep focused on the "best and highest use" of tax dollars, particularly as the economic situation continues to
constrain resources
· Choose performance measures/standards carefully to make sure they accurately reflect what should be
measured and that they demonstrate progress towards the County's mission and strategic priorities
· Keep a strong connection between elements of the strategic plan and the elements of the County's financial
plans
The report has been submitted to the County Executive's Office for review and consideration.
BUDGET IMPACT:
There is no budget impact associated with the Budget Review Committee Report.
RECOMMENDATIONS:
There is no action requested of the Board regarding this item. The County Executive's Office is reviewing and
evaluating the recommendations to determine the best approach and timing for implementation.
ATTACHMENTS
Attachment A - Final Report
Budget Process Review Committee Report
Introduction/Overview
In an effort to improve the County's overall accountability for expenditures, Albemarle County Executive
Bob Tucker established a committee to assist him in evaluating the short and long range processes that
lead to the development of the annual budget. The committee was envisioned as a group outside of the
day to day operations of the County and with experience in other public and private sector organizations
that could review and evaluate the County's current processes and suggest areas for improvement.
This initiative is one of several efforts underway or planned for by the County aimed at exploring
opportunities for improvement to ensure accountability for budgeting and financial management. Other
efforts include the newly established Program and Service Review Process and the recently approved
Resource Management Study to be conducted by an outside entity over the coming months. Collectively,
these efforts will assist with ensuring that the County's expenditures and processes are resulting in the
provision of efficient and effective services that are aligned with its mission and values.
Committee Charge/Composition/Outcomes
Charge:
Review the County's financial planning processes that lead to the development of the annual budget and
suggest any potential areas for improvement. The County's annual budget is driven by the goals
established by the Board of Supervisors through the Comprehensive Plan and Strategic Plan as well as
by State and Federal mandates. The major processes that drive the development of the annual budget
proposal include:
. Development and Review of the Five-Year Financial Plan
. Development and Review of the Capital Improvement Program
. Department/Community Budget Request Process
. Program/Service Review Process
. Public Input Process
Committee Composition:
Board of Supervisors Members: Ken Boyd, Sally Thomas
Community Members: Anna Buchanan - Martha Jefferson Hospital, Budget Office
Mary Loose DeViney - Past Chairman of Chamber of Commerce and business
owner
Bill Kehoe - Professor, UVA Mcintire School of Commerce, Past Chairman of
Chamber of Commerce
John Knapp - Economist, Weldon Cooper Center, University of Virginia
Pam Moran, Superintendant of County Schools
Colette Sheehy - University of Virginia - VP for Management & Budget
Deborah Thexton - Martha Jefferson Hospital, Administration
Dale Varga - Albemarle Truth in Taxation Alliance (ATTA)
Staff Resources:
Bob Tucker, County Executive
Tom Foley, Assistant County Executive
Bryan Elliott, Assistant County Executive
Laura Vinzant, Senior Budget Analyst
Richard Wiggans, Director of Finance
Lee Catlin, Community Relations Director
Time Frame:
April - June 2008
Outcome:
Suggestions for improvement on financial planning processes
Final Work Product:
Written report submitted to the County Executive with final
recommendations for improvements based on group consensus
Scope of Committee Review/Major Topics Considered
During the course of four meetings, the Committee received information and provided comment on the
following major topic areas:
· Comprehensive Plan (Lori Allshouse, Strategic Management Coordinator)
. Strategic Plan (Lori Allshouse)
. Citizen Survey (Lori Allshouse)
. Five-Year Financial Plan (Richard Wiggans)
· Public Engagement (Lee Catlin)
· Capital Improvements Program (Bill Letteri, Director of Facilities Development)
· Annual Budget Process (Richard Wiggans, Laura Vinzant)
· Program/Service Review (Tom Foley)
· Compensation Strategy (Kimberly Suyes, Director of Human Resources)
General Observations
· While there is room for improvement, the committee generally felt that the County's budget-
related processes are comprehensive and thorough;
· The committee provided positive feedback on the County's program and service review process
and use of performance measures and data to aid in decision-making and to help identify
reasonable alternatives and options;
· Several members of the committee felt that there should not be an automatic 60/40 split of
available revenue for use in education/non-education functions;
· A majority of the committee felt that strong consideration should be given to additional focus on
benchmarking and continued improvement in use of performance measures;
· Members cited the importance of providing sources of information and assumptions used as a
goal for all processes;
· Members observed that while the County affords multiple opportunities for the public to
participate in its annual budget process, the challenge is to create more comprehensive public
awareness and understanding of when and how feedback can be offered to the Board and staff.
Specific Recommendations - Process Improvements
· Align the Strategic Plan cycle more closely to the Long-Range Financial Plan cycle. The
current planning cycle for the Strategic Plan is four years (2007 through 2010). The current planning
cycle for the Long-Range Financial Plan is five years, updated annually. The Committee
recommends that the two cycles be more closely aligned to ensure that the financial impact of items
in the Strategic Plan are incorporated in the Long-Range Financial Plan.
· Provide more detailed information on the CIP to Board of Supervisor members in advance.
The CIP is reviewed by two committees (Technical and Oversight) prior to its submission to the
Board. The Committee recommends that the Board be given additional information prior to its
approval of the CIP based on the material submitted to the Oversight Committee.
· Require performance measures from all outside agencies (e.g. Libraries) While County
departments are required to provide performance measures, not all outside agencies provide that
same level of data. The committee recommends that performance measures be required for all
agencies requesting County funding.
· Benchmark against the best, most effective/efficient jurisdictions. As the County is focusing on
its performance measurement and benchmarking efforts, careful analysis should be conducted to
make sure that data are being compared to those jurisdictions that are acknowledged and recognized
as the best performers in local government in the Commonwealth. A suggestion was made to
consider the University of Virginia's "best in class" concept as a useful approach.
· Assess whether the County has the ability to exercise discretion regarding how extensively
mandates are addressed/to what level resources will be dedicated. Such an assessment could
include a review of what other jurisdictions are doing to meet mandates and a determination as to
whether the County is appropriating resources above minimum levels to meet mandate requirements.
2
. Review the process for determining what level of budget review outside agencies will receive.
Currently, outside agency budget requests are reviewed under one of two different review processes.
The Committee recommends that the two processes be reviewed to ensure that all agency budget
requests receive an appropriate level of scrutiny.
. The Committee recommends that when a new initiative (not only as part of the budget
process) is being discussed by the Board of Supervisors, cost information should be included
as part of that discussion at its earliest stages This cost information will include both the one-time
costs and the annual operating costs for the new initiative.
. Identify required vs. discretionary costs during the budget process. This will provide the Board
with a better understanding of those costs that are outside of the Board's control (e.g., current
contractual agreements) and those costs that can be amended by the Board.
Specific Recommendations - Communication/Outreach Improvements
. Better performance data, budget review information on the website with a focus on efficiency
and effectiveness of services; "owner focused" approach. While much information is available
regarding performance, service levels, efficiencies, etc., it is not compiled and presented in a way that
is easy to understand from a citizen's perspective. The committee recommended that more
comprehensive and in-depth data, including information on the CIP, along with potential additional
information concerning performance measures, be made available on the website in a format that is
readily accessible to users.
. Provide better explanation of different service levels between rural and urban areas of the
County. The Comprehensive Plan provides for differentiated levels of service between the County's
rural and development areas, with rural areas receiving lower levels of service, as an important part
of its growth management strategy. The committee feels that citizens would benefit from a clearer
understanding of these services levels and how they impact resource allocation and other decision-
making.
. Publicize opportunities to designate tax-deductible contributions to support specific County
priorities. The County currently has a fund that allows residents to make tax-deductible donations
directly to specific program and service areas that they are interested in supporting, and the
Committee felt that better awareness of this fund could encourage more donations and provide more
resources. Committee members suggested that soliciting citizen leaders to lead efforts in this regard
could add to the program's success.
Other Issues to Receive Further Consideration
. Consider including a section in the Comprehensive Plan about fiscal resources
. Incentives to employees who identify cost savings
. Consider instituting full cost accounting like the private sector uses instead of focusing on
expenditures
. Examine the County's options to generate tax and non-tax revenue from all sources instead of relying
entirely on the real property tax
. Examine the cost/benefits of using debt financing as an alternative to pay-as-you-go financing
Summary
All members of the committee confirmed that the County's general approach to long term financial
planning processes and the annual budgeting process is "very valid" and includes similar fundamental
elements to those used at other public and private sector institutions such as Martha Jefferson Hospital
and the University of Virginia. In the words of one committee member, "Bob Tucker and his budget staff
are doing a good job and looking at all the right things." The committee did feel that there were
improvements that could be made to the processes as outlined in the recommendations, and emphasized
the following concepts in their guidance to County staff:
. Continue the focus on prioritizing needs and long term planning - "the budgeting process is all
about choices"
. Continue to look very carefully at the long term implications of individual budget decisions
. Keep focused on the "best and highest use" of tax dollars, particularly as the economic situation
continues to constrain resources
3
· Choose performance measures/standards carefully to make sure they accurately reflect what
should be measured and that they demonstrate progress towards the County's mission and
strategic priorities
· Keep a strong connection between elements of the strategic plan and the elements of the
County's financial plans
4
AUGUST 6, 2008
CLOSED MEETING MOTION
I MOVE THAT THE BOARD GO INTO A CLOSED MEEETING
PURSUANT TO SECTION 2.2-3711(A) OF THE CODE OF VIRGINIA
. UNDER SUBSECTION (1) TO CONSIDER
APPOINTMENTS TO BOARDS, COMMITTEES, AND
COMMISSIONS;
. UNDER SUBSECTION (3) TO CONSIDER THE
ACQUISITION OF REAL PROPERTY NECESSARY FOR A
COUNTY PARK;
. UNDER SUBSECTION (7) TO DISCUSS WITH LEGAL
COUNSEL AND STAFF SPECIFIC MATTERS REQUIRING
LEGAL ADVICE RELATING TO AN AMENDMENT OF AN
INTERJURISDICTIONAL AGREEMENT RELATING TO
PUBLIC SAFETY SERVICES; AND
. UNDER SUBSECTION (7) TO DISCUSS WITH LEGAL
COUNSEL AND STAFF SPECIFIC MATTERS REQUIRING
LEGAL ADVICE RELATING TO AN AGREEMENT
NECESSARY TO IMPLEMENT A FUNDING SOURCE FOR
PUBLIC SAFETY SERVICES.
County of Albemarle
MEMORANDUM
TO:
Members of the Board of Supervisors
FROM:
Meagan Hoy, Senior Deputy Clerk ,JY'YV\.-h
DATE:
August 6, 2008
RE:
Vacancies on Boards and Commissions
Attached please find an updated listing of vacancies on boards and commissions
through December 2008 provided for informational purposes only.
The following Boards and Commissions have been advertised and applications were
received as follows:
Board of BuildinQ Code Appeals: (1 vacancy)
No applications received.
Jordan Development Corporation: (1 vacancy)
No applications received.
The following reappointments require action by the Board:
ACE Committee:
Bruce Dotson
Stephen McLean
Jail Authoritv:
John Chamales
Jordan Development Corporation:
Rosa Hudson
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it:
Ann H. Mallek
WhiteHall
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(434) 296-5843 FAX (434) 296-5800
Dennis S. Rooker
Jack Jouett
Kenneth C. Boyd
Rivanna
Lindsay G. Dorrier, Jr.
Seottsville
David L. Slutzky
Rio
Sally H. Thomas
Samuel Miller
August 13, 2008
Mr. Bruce Dotson
880 King William Drive
Charlottesville, VA 22901
DearMr~ ~~
At the Board of Supervisors meeting held on August 6, 2008, you were reappointed to the ACE
Committee with said term to expire August 1, 2011.
On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for
your willingness to serve the County in this capacity.
Sincerely,
L
Kenneth C. Boyd
Chairman
KCB/mrh
Attachment
cc: Commonwealth's Attorney
County Attorney
Wayne Cilimberg
Ches Goodall
*
Printed on recycled paper
Kenneth C. Boyd
Rivanna
Undsay G. Dorrier, Jr.
Scottsville
Ann H. Mallek
WhiteHall
Stephen T. McLean
McLean, Faulconer Realtors, Inc.
503 Faulconer Dr., Suite 5
Charlottesville, VA 22903-4970
Dear Mr. McLean:
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22902-4596
(434) 296-5843 FAX (434) 296-5800
Dennis S. Rooker
Jack Jouett
David L. Slutzky
Rio
Sally H. Thomas
Samuel Miller
August 13, 2008
At the Board of Supervisors meeting held on August 6, 2008, you were reappointed to the ACE
Committee with said term to expire August 1 , 2011.
On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for
your willingness to serve the County in this capacity.
KCB/mrh
Attachment
cc: Commonwealth's Attorney
County Attorney
Wayne Cilimberg
. Ches Goodall
Sincerely,
L~~ C_~_
Kenneth C. Boyd
Chairman
*
Printed on recycled paper
Ann H. Mallek
WhiteHall
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22902-4596
(434) 296-5843 FAX (434) 296-5800
Dennis S. Rooker
Jack Jouett
Kenneth C. Boyd
Rivanna
Lindsay G. Dorrier, Jr.
Seattsville
David L. Slutzky
Rio
Sally H. Thomas
Samuel Miller
August 13, 2008
Mr. John Chamales
1943 Piper Way
Keswick, VA 22947
Dear Mr. Chamales:
At the Board of Supervisors meeting held on August 6, 2008, you were reappointed to the Jail
Authority, with said term to expire August 6, 2011.
On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for
your willingness to continue serving the County in this capacity.
Sincerely,
!L.~~~ c
~.
Kenneth C. Boyd
Chairman
KCB/mrh
Attachment
cc: Commonwealth's Attorney
County Attorney
Ron Matthews, Albemarle-Charlottesville Regional Jail
@
Printed on recycled paper
Ann H. Mallek
WhiteHall
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 Mcintire Road
Charlottesville, Virginia 22902-4596
(434) 296-5843 FAX (434) 296-5800
Dennis S. Rooker
Jack Jouett
Kenneth C. Boyd
Rivanna
LJndsay G. Dorrier, Jr.
Scottsville
David L. Slutzky
Rio
Sally H. Thomas
Samuel Miller
August 13, 2008
Ms. Rosa Hudson
220 Hartmans Mill Road
Charlottesville, VA 22902
Dear Ms. Hudson:
At the Board of Supervisors meeting held on August 6, 2008, you were reappointed to the Jordan
Development Corporation with said term to expire August 13, 2009.
On behalf of the Board, I would like to take this opportunity to express the Board's appreciation for
your willingness to serve the County in this capacity.
Sincerely,
I~C~
Kenneth C. Boyd
Chairman
KCB/mrh
cc: Commonwealth's Attorney
County Attorney
Forrest D. Kerns (Jordan Development Corporation)
*
Printed on recycled paper
RESOLUTION TO AUTHORIZE
ACQUISITION OF PROPERTY
WHEREAS, the County of Albemarle desires to acquire certain property
within the County by purchase from James Kevin Byrom and Xiao Yin Byrom for
the purpose of providing access to the Patricia Ann Byrom Forest Preserve Park;
and
WHEREAS, an offer to sell said property to the County has been made and
presented to the Board of Supervisors for its consideration.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board
of Supervisors hereby authorizes the purchase of that parcel identified as Parcel
"l" and a Permanent Park Access Easement, both located on Tax Map Parcel 6-
28B in the County of Albemarle, for the amount of $150,422.22, and further
authorizes the County Executive to execute a Deed and all other documents
necessary to acquire this property and easement.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true,
correct copy of a Resolution duly adopted by the Board of Supervisors of
Albemarle County, Virginia, by a vote of six to zero, as recorded below, at a
regular meeting held on Auqust 6, 2008.
~( etNJ~
Clerk, Board of County Supervisors
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Aye Nay
Y
Y
Y
Y
Y
Y
A RESOLUTION APPROVING AN AMENDMENT OF THE
FIRE SERVICES AGREEMENT BETWEEN
THE CITY OF CHARLOTTESVILLE
AND ALBEMARLE COUNTY
WHEREAS, On May 3, 2000 the City of Charlottesville (the "City") and the
County of Albemarle (the "County") entered into an agreement governing the provision
of fire services for both localities (the "Fire Services Agreement"), which remains in full
force and effect; and
WHEREAS, Section 6 of the Fire Services Agreement provides that the
Agreement shall expire on June 30, 2010 but that the parties may, by mutual written
agreement executed prior to June 30, 2007, extend the Agreement for a second term
lasting three (3) additional years, through June 30, 2013; and
WHEREAS, the Fire Services Agreement has been mutually beneficial to both
the City and the County, and the parties may desire to extend the Agreement for up to
three additional one-year terms, beginning July 1,2010 and ending June 30, 2013; and
WHEREAS, the City is agreeable to an extension of the Agreement,
notwithstanding the extension deadline provided in Section 6.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Albemarle County, Virginia that it hereby approves the Amendment of Fire Services
Agreement Between the City of Charlottesville and Albemarle County to Authorize
Extended Terms of Agreement to allow for the Agreement to be extended for up to three
additional one-year terms beginning July 1,2010 and ending June 30,2013; and
BE IT FURTHER RESOLVED that its Chairman is hereby authorized to execute
the Amendment of Fire Services Agreement Between the City of Charlottesville and
Albemarle County to Authorize Extended Terms of Agreement.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct
copy of a Resolution duly adopted by the Board of Supervisors of Albemarle County,
Virginia, by a vote of six to zero, as recorded below, at a regular meeting held on
AUQust 6. 2008. ~
Ci~~<
ferk, Board of County Supervisors
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
Aye Nay
y
y
y
y
y
y
RESOLUTION TO AUTHORIZE
ACQUISITION OF PROPERTY
WHEREAS, the County of Albemarle desires to acquire certain property within
the County by purchase from James Kevin Byrom and Xiao Yin Byrom for the purpose of
providing access to the Patricia Ann Byrom Forest Preserve Park; and
WHEREAS, an offer to sell said property to the County has been made and
presented to the Board of Supervisors for its consideration.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of
Supervisors hereby authorizes the purchase of that parcel identified as Parcel "Z" and a
Permanent Park Access Easement, both located on Tax Map Parcel6-28B in the County of
Albemarle, for the amount of $150,422.22, and further authorizes the County Executive to
execute a Deed and all other documents necessary to acquire this property and easement.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy
of a Resolution duly adopted by the Board of Supervisors of Albemarle County by vote of
_ to _' as recorded below, at a meeting held on August 6, 2008.
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd
Mr. Domer
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
RECEIVED A' 80S MEETING
Date: ~ . ~ · og
Agenda Item'; A~ cloSed ~
Clerk's Initials:_1rl 'R 1i
A RESOLUTION APPROVING AN AMENDMENT OF THE
FIRE SERVICES AGREEMENT BETWEEN
THE CITY OF CHARLOTTESVILLE
AND ALBEMARLE COUNTY
WHEREAS, On May 3, 2000 the City of Charlottesville (the "City") and the County of
Albemarle (the "County") entered into an agreement governing the provision of fire services for
both localities (the "Fire Services Agreement"), which remains in full force and effect; and
WHEREAS, Section 6 of the Fire Services Agreement provides that the Agreement shall
expire on June 30, 2010 but that the parties may, by mutual written agreement executed prior to
June 30, 2007, extend the Agreement for a second term lasting three (3) additional years, through
June 30, 2013; and
WHEREAS, the Fire Services Agreement has been mutually beneficial to both the City
and the County, and the parties may desire to extend the Agreement for up to three additional
one-year terms, beginning July 1,2010 and ending June 30, 2013; and
WHEREAS, the City is agreeable to an extension of the Agreement, notwithstanding the
extension deadline provided in Section 6.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Albemarle
County, Virginia that it hereby approves the Amendment of Fire Services Agreement Between
the City of Charlottesville and Albemarle County to Authorize Extended Terms of Agreement to
allow for the Agreement to be extended for up to three additional one-year terms beginning July
1,2010 and ending June 30, 2013.
BE IT FURTHER RESOLVED that its Chaim1an is hereby authorized to execute the
Amendment of Fire Services Agreement Between the City of Charlottesville and Albemarle
County to Authorize Extended Terms of Agreement.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true and correct copy
of a Resolution duly adopted by the Board of Supervisors of Albemarle County by a vote of
to , as recorded below, at a meeting held on
Clerk, Board of County Supervisors
Aye
Nay
Mr. Boyd
Mr. Dorrier
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
RECEIVED AT 80S MEETING
Date: g . ~ . 0 <6
Agendallem,;11f.Ie,r c./~ ~nc::1
Clerk's Initials; '1Y11<. 1-1 J
'\
AMENDMENT OF FIRE SERVICES AGREEMENT
BETWEEN THE CITY OF CHARLOTTESVILLE AND ALBEMARLE COUNTY
TO AUTHORIZE EXTENDED TERMS OF AGREEMENT
This AGREEMENT is made and entered into this _ day of
, 2008, and
executed in duplicate originals by the City of Charlottesville, a municipal corporation of the
Commonwealth of Virginia, and the County of Albemarle, a political subdivision of the
Commonwealth of Virginia.
WHEREAS, the City and County entered into the Fire Services Agreement, dated May 3,
2000, governing the provision of fire services for both localities (the "Agreement") which
continues in full force and effect; and
WHEREAS, Section 6 of the Agreement provides for a term of ten (10) years beginning
July 1,2000 and expiring June 30, 2010; and
WHEREAS, Section 10 of the Agreement provides that the parties may amend or
supplement the Agreement at any time by mutual written agreement: and
WHEREAS, the County may wish to extend the term of the Agreement for up to three
additional one year terms to allow the County to orderly implement the infrastructure desired to
provide emergency services in the County; and
WHEREAS, the City wishes to continue to provide fire servIces pursuant to the
Agreement for up to three additional years in exchange for the compensation set forth therein.
NOW, THEREFORE, in consideration of the terms, conditions, and covenants contained
herein, the parties agree as follows:
1. Section 6 of the Fire Services Agreement dated May 3, 2000 is amended to permit up
to (3) three additional one year terms to allow for the extension of the Fire Services Agreement
through June 30, 2013, at which time the Agreement shall terminate. The County shall notify the
City in writing on or before December 31 sl of the year preceding the end of each term of the
.
Agreement of its election to extend the Agreement. Upon the giving of such notice by the
County, the Fire Services Agreement shall be extended for an additional one year term.
2. If extended, the Fire Services Agreement shall be extended upon the same terms and
conditions set forth in the Fire Services Agreement which shall continue in full force and effect.
3. All other terms and conditions set forth in the Fire Services Agreement, not amended
herein, shall continue in full force and effect.
WITNESS the following signatures and seals.
CITY OF CHARLOTTESVILLE, VIRGINIA
BY
Mayor
ATTEST:
Date:
Clerk of Council
COUNTY OF ALBEMARLE, VIRGINIA
BY
Chairman, Board of Supervisors
ATTEST:
Date:
Board Clerk
Approved as to form:
City Attorney
County Attorney
2
Allan D. Sumpter
Charlottesville Residency Administrator
Virginia Department of Transportation
701 VDOT Way
Charlottesville, VA 22911
~ .,
CHARLOTTESVILLE RESIDENCY MONTHLY REpORT
JULY 2008
ALBEMARLE COUNTY BOS ACTION ITEMS
David Slutzky
. Signal Upgrades along Route 29 - New signal controllers have been installed along the Route
29 corridor. Signal to signal communication has been established and crews are working to
refine signal timings and vehicle detection issues.
. Signal Timing on Rio Road East (Route 631) - An operational review of the signal systems
along Rio Road at Old Brook and Northfields has been completed. The signals appeared to be
operating correctly. Further review can be done if specific times of day can be provided that
problems have been observed.
. Patching on Hillsdale Drive - An inspection of the reported pavement gouges has been made
and it has been determined that spot patching is needed at various locations. Work is being
scheduled with a patching contractor and will be completed prior to the beginning of the
county's safety project on this route.
Ken Boyd
. Safety Implementations on Route 29 at Forest Lakes - Work completed has included reduction
of the speed limit, installation of pavement markings, rumble strips, pull off areas for police
vehicles, and retiming of the traffic signal. The next phase of improvements will be vegetation
work to begin the week of August 4th. Also, the Forest Lakes Homeowners Association Board
has approved relocation of their sign to a site approved by VDOT.
Dennis Rooker
. Pedestrian Safety Improvements - Implementation of previously recommended pedestrian
improvements will begin in August with the modification of existing pavement markings and
sign installations at the intersection of Georgetown and Hydraulic Roads. Additionally, new
bicycle pavement lane markings will be installed on West Rio Road. (A sketch of this work is
attached to this report.)
. Illegal Signs on Right-of-Way - County and VDOT staff are continuing to discuss details about
each entity's role in dealing with illegal signs on the right-of-way. A report it expected to the
Board in September on proposed actions. In the meantime, VDOT has increased its patrol of
entrance corridor roadways.
Ann Mallek
. Drainage Problem on Buck Road (Route 789) - An investigation has determined that this issue
is offVDOT right-of-way.
. Sight Distance Issue at Woodlands Road (Route 676) & Reas Ford (Route 660)- Discussions
with the property owner have led to an agreement to relocate a section of shrubbery to improve
sight distance at this location. The re-plantings will occur this fall or next spring per an
arborist's recommendation. In the interim, the property owner has agreed to allow trimmings
by VDOT crews.
Sally Thomas
. Dry Bridge - Buckingham Branch Railroad Company (BBRC) informed VDOT on July 18th
that bridge repairs would be postponed due to their need for crews to address rail maintenance
issues. As of this report, they had not provided a revised schedule; however, they have
indicated they are revising their plans to include a full deck replacement. The importance of
Page 1 of5
Virginia Department of Transportation
701 VDOT Way
Charlottesville, VA 22911
completion of these repairs has been stressed to BBRC from both the residency and VDOT's
central office.
· Guardrail Request on Faber Road (Route 632) - This location has been reviewed and approved
for installation of a guardrail. The work will be placed on a contractor work list for completion.
· Batesville Traffic Calming - Work will soon begin to install warning signs to enhance
pedestrian safety. (A sketch ofthis work is attached to this report.)
· Route 250 Signal at Farmington Road - An upgrade to this signal is planned for late this year
that will consist of replacing the overhead wire suspension system with a mast system.
Maintenance crews have plans to address the "swaying" wire problem affecting the cameras
used in vehicle detection.
Lindsav Dorrier
· Glendower Road (Route 713) - Maintenance consisting of machining the road with a
motorgrader and application of dust control was performed on July 18, 2008.
· Intersection of Route 20 and Coles Rolling Road (Route 712) - Safety improvements at this
intersection consisting of installation of delineators has been completed.
· Bridge Rehabilitation on James River Road (Route 626) - The bridge located at Ballinger
Creek will be closed August 4th-August 15th for deck and substructure rehabilitation.
CONSTRUCTION
Active Construction Projects
0064-002-2060. 2061. SR04 EmerQency Beam End Repairs to 1-64 BridQes over Stockton Creek
. Project complete.
(NFO) BR07-002-305. C501 Deck Repairs and Latex Overlay to 1-64 WBL BridQe over Stockton Creek
· Complete minus replacement of one defective bridge deck expansion joint.
(NFO)PM07-002-228. N501 Rte. 29 Pavement Overlav and Guardrail UpQrades
. Project complete.
0601-002-6261. SR02 Repair bridqe beam by heat straiqhteninq
· Heat straightening is complete. Coating application is all that remains to complete project.
PM-7B-08 Scheduled Asphalt Overlav
· Schedule sections of Routes 663 and 676 are complete.
· Pavement milling on Route 742 is complete.
· Anticipating paving operations next week.
PRELIMINARY ENGINEERING
Albemarle County
· Route 631 Meadow Creek Parkway, 0631-002-128, C502, B612, B657
Utility relocation work remains ongoing. Design staffhas been working on final revisions and
administrative issues to allow a fall advertisement.
· Meadow Creek Parkway, UOOO-I04-102 (City portion)
Design staff has been working on final revisions and administrative issues to allow a fall
advertisement. Advertisement of this project is scheduled to occur concurrently with the
county portion.
· Route 691 Jarmans Gap Road, 0691-002-158, C501
Page 2 of5
Virginia Department of Transportation
701 VDOT Way
Charlottesville. VA 22911
VDOT continues to work on the administrative issues to allow the section of the project from
Crozet Avenue to Carter Street to be constructed by the county as part of the Crozet Streetscape
Project (Phase II). Other ongoing work has included utility field inspection work to finalize
easements, and review of traffic management plans.
. Route 656 Georgetown Road, 0656-002-254, C50l
Preliminary design work is continuing. The plans are currently in the Traffic Engineering
section for review. Among next steps is a July review by VDOT's Utility Section as an effort
to minimize the necessity for utility relocations s a result of drainage features.
. Route 743 Advance Mills Bridge, 0743-002-282 PlOl, R20l, C50l, B658 (permanent Replacement
Project) The public hearing package including the Board's endorsement has been submitted to
VDOT's Central Office for review and approval. The next steps will include the right-of-way
acquisition and utility relocation phases. The project remains on schedule for an early 2009
advertisement.
RURAL RUSTIC ROAD UPDATE
ROUTE ANTICIPATED START DATE
Route 806 (Estes Ridge Road) July 28th
Route 765/668 (Walnut Level Road) Earlv September
Route 722 (Green Mountain Road) Mid November and progress through the
winter with pavina in the sprina.
PLANNING, PERMITS AND LAND DEVELOPMENT
Land Development Items Total This Total This
Month Fiscal
Year
Special Use Permits and Rezoning Application Review 2 100
Site Plan Reviews for new Subdivisions 4 150
New Entrance Plan Reviews 5 159
Total Permits Processed 58 925
Inspection of new Subdivision Street conducted 35 459
Inspection of new entrance conducted 118 1561
Miles of Street Accepted in the State System .37 8.02
Page 3 of5
Virginia Department a/Transportation
701 VDOT Way
Charlottesville, VA 22911
TRAFFIC ENGINEERING
Completed
RTE LOCATION
Rt 805 @ 601
REQUEST
STATUS
Traffic device installation has been
completed
Safety review
Being reviewed
RTE LOCATION
REQUEST
STATUS
Reports finalized; 45 mph speed
limit being recommended.
Forwarding to Central Office for
approval.
Reports finalized; 45 mph speed
limit being recommended.
Forwarding to Central Office for
approval.
Rt 729 Rt 53 to 618
Speed study
Rt 618 Rt 53 to 620
Speed study
Rt 250 Pantops
Two way left turn lane
(Safety, access and
pavement markinQ review)
Pavement marking review;
request lane shift
Field modifications being drafted
Rts 631/743 Rio & Hydraulic
Pedestrian Study
Scheduling lane striping
modifications. Pavement widening
completed.
Field modifications being drafted
Rt 29 Hollymead to Proffitt
MAINTENANCE WORK COMPLETED
· Patching operations completed on Routes 601 (Fee Union), 618 (Martin Kings), 640 (Turkey Sag),
687 (Shiffletts Mill), 690 (Newtown), 692 (Plank), 797 (Hillsboro Ln)
· Graded and replaced stone on Rt 600 (Stony Point Pass), 612 (Hammocks gap), 629 (Browns Gap),
633 (Cove Garden), 640 (Turkey Sag), 643 (Rio Mills), 661 (Reas Ford), 662 (Bleakhouse), 668
(Walnut Level), 671 (Wesley Chapel), 678 (DeccalRidge), 683 (Shelton Mill), 688 (Midway),
689 (Pounding Creek), 694 (Miller lake), 695 (Crown Orchard), 697 (Sutherland), 699 (Boaz), 702
(Reservoir), 711 (Burton), 712 (North Garden Ln), 718 (Murrays Ln), 723 (Sharon), 745
(Arrowhead Valley), 746 (Fosters Branch), 760 (Red Hill School), 782 (Stribling), 805 (Henderson),
807 (Hawkshill), 824 (Patterson mill), 829 (Horseshoe Bend), 865 (Bunker Hill), 856 (Burton)
· Mowing on Routes 250, 600 (Watts Passage), 602 (Howardsville Trnpk), 609 (Wesley Chapel),610
(Lonesome Mtn), 625 (Hatton Feny), 627 (Porters), 633 (Cove Garden), 634 (Heards Mtn), 635
(Craigs Store), 636 (Batesville), 637 (Dickwoods), 640 (Turkey Sag), 657 (Lambs), 659 (Woodburn),
660 (Reas Ford), 668 (Fox Mtn), 671 (Davis Shop), 674 (Clark), 676 (Tilman), 678 (Ridge), 692
(Plank), 703 (Pocket), 711 (Burton), 715 (Esmont), 722 (Green Mtn), 723 (Sharon), 724 (Lewiston
Ford), 725 (Dawsons Mill), 726 (James River), 737 (Mtn Vista), 746 (fosters Branch), 747 (Preddy
Creek), 760 (Red Hill School), 769 (Rocky Hollow), 770 (Mount Zion), 778 (Johnson), 784 (Doctors Xing),
804 (Thackers), 805 (Henderson), 812 (Jim Lane), 813 (Starlight), 829 (Horseshoe Bend), 840
(Covesville), 841 (Covesville Store), 845 (Totier Creek), 850 (Chris Greene), 1049 (Simpson Ln),
And 1445 (Key West)
· Cleared pipes and ditch work on Routes 250,600 (Watts Passage), 616 (Union Mills), 630 (Green
Creek), 635 (Miller School/Craigs Store), 640 (Turkey Sag), 678 (Decca), 700 (Watts Farm), 704
(Fortune), 736, (White Mtn), 810 (White Hall), 1301 (Bird), 1303 (Page), 1545 (old Orchard),
1601 (Meriwether), 1610 (West Pines)
· Tree cleanup on Routes 6, 20, 29, 606 )Dickerson), 617 (Rockfish River), 622 (Green Mtn), 626
(Langhorne), 630 (Green Creek), 635 (Craigs StorelMiller School), 640 (Turkey Sag), 641
(Burnley Station), 678 (Decca), 691 (Castle/Jarmans Gap), 693 (Stillhouse Creek), 703 (Pocket),
712 (Coles rolling), 721 (Old Dominion), 723 (Chestnut Grove), 743 (Earlysville), 1412 (Bennington),
1428 (Huntington)
· Trash pickup to include adopt-a highway pickups on Routes on 29, 240, 250, 633 (Heards Mtn),
Page 4 0/5
Virginia Department o/Transportation
701 VDOT Way
Charlottesville, VA 22911
691 (Ortman)
· Dust Control on Routes 606 (Dickerson), 643 (Rio Mills), 661 (Reas ford), 668 (Fox Mtn), 671
(Wesley Chapel), 673 (Slam Gate), 674 (Clark), 678 (Ridge), 687 (Shiffletts Mill).
· Pipe Cleaning contractor on Route 20 and 640 (Turkey Sag).
· Bridge deck work on Routes 715 (Esmont) and 726 (James River).
· Remove debris from bridge and river slow on Routes 631 (5th) and 649 (Proffitt).
. Rural Rustic Road work on Route 806 (Estes).
PLANNED MAINTENANCE WORK - AUGUST 2008
. Summer maintenance activities are continuing on various routes. They include:
o Pavement patching
o Ditching operations
o Machining and adding stone to gravel roads
o Dust Control
o Pipe rehabilitation and replacement
o Cleaning drop inlets and storm drains
o Tree trimming and removal
o Guardrail mowing
MAINTENANCE BUDGET
- - - TOT AL MAINT BUDGET
_ FORECASTED EXPENDITURES
~CUMULA TIVE ACTUAL
15
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The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the
6th day of August, 2008, adopted the following resolution:
RESOLUTION
WHEREAS, the street(s) in Highlands Subdivision, Phase 28, as described on the
attached Additions Form AM-4.3 dated August 6, 2008, fully incorporated herein by reference, is
shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County. Virqinia;
and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has
advised the Board that the street(s) meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the street(s) in Highlands
Subdivision, Phase 28, as described on the attached Additions Form AM-4.3 dated August 6,
2008, to the secondary system of state highways, pursuant to 933.1-229, Code of Virginia, and
the Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-
way, as described, exclusive of any necessary easements for cuts, fills and drainage as described
on the recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
*****
Recorded vote:
Moved by:
Seconded by:
Yeas:
Nays:
Absent:
A Copy Teste:
Ella W. Jordan, Clerk, CMC
Board of County Supervisors
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the
6th day of August, 2008, adopted the following resolution:
RESOLUTION
WHEREAS, the street(s) in Rustling Oaks Subdivision, as described on the attached
Additions Form AM-4.3 dated August 6, 2008, fully incorporated herein by reference, is shown on
plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virqinia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has
advised the Board that the street(s) meet the requirements established by the Subdivision Street
Requirements of the Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the street(s) in Rustling Oaks
Subdivision, as described on the attached Additions Form AM-4.3 dated August 6, 2008, to the
secondary system of state highways, pursuant to S33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-
way, as described, exclusive of any necessary easements for cuts, fills and drainage as described
on the recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
*****
Recorded vote:
Moved by:
Seconded by:
Yeas:
Nays:
Absent:
A Copy Teste:
Ella W. Jordan, Clerk, CMC
Board of County Supervisors
CONCEPT
The followin. r liminary
cone 0 I to the
Albe nty Planning
Com . Ion from the Yancey
Family of Albemarle County
1
Albemarle Needs More LI
At least three members of the Board of Supervisors agree that the County has a
deficiency of Uland based on their public comments throughout the past year.
2
Yancey Family Property
Maybe we can help. Located behind both the RA Yancey Lumber Corporation
and Western Albemarle High School on Rockfish Gap Turnpike, the Yancey
Family Property is 148 acres in four parcels all zoned RA. This is a. satellite
photo of the property taken from the County's website. It has a three-layered
overlay indicating the large floodplain, Water Protection Ordinance buffers, and
critical slopes. Of the 148 acres, approximately 30 are undevelopable due to the
floodplain and WPO buffers, leaving about 118 acres left to be developed.
3
PD-IP District Characteristics
· Conformity with Compre
· Water & Sewer A il e
· Served by
· 50 Acre
· Suitabilit
sive Plan
We propose a CPA followed by the attendant rezoning from RA to PD-IP with an
eye toward creating a business park catering to LI users who currently have a
difficult time finding a site from which to operate in Albemarle. The section of the
Albemarle County zoning chapter governing PD-IP districts lists five
characteristics each such district is intended to have. The first characteristic is
that it be "in conformity with the comprehensive plan." Obviously, the rezoning of
148.5 acres outside the growth area from RA to a PD-IP district is at odds with
the comprehensive plan. That's why we intend on filing a CPA before the Sept 2
deadline. That said, land already borders the single largest (by far) area of HI-
zoned land in the entire county. Given the County's need for more LI zoning, a
contiguous extension of land already zoned HI is both logical and appropriate.
4
Crozet Growth Area
This is a map of the Crozet Growth Area. If you look at the bottom left-hand
corner of the map, you'll see that Yancey Lumber Corp. lies just outside its
southwest boundary near the intersection of Rt. 250 and 1-64. Approval of our
CPA application will require some unorthodox, outside-the-box thinking on the
part of staff, the PC, and the BoS. After the last few months of working with all
three groups on this proposal, I have no doubt all engage in such thought on a
daily basis.
5
PD-IP: Water & Sewer
Areas served by water and sewer facilities, or if such facilities are reasonably
available. The Company Property is in the ACSA Jurisdictional Area for water.
As for the balance of the parcels, the 1,100 foot border the property shares with
WAHS provides ample access to the County's water and sewer system. Indeed,
the proximity of the ACSA's Jurisdictional Area, the large border with WAHS, and
the fact that no roads need be crossed nor any third-party's property disturbed by
the addition of the .subject property to the County's water and sewer system
seem to be the very definition of "reasonably available." Moreover, the subject
property is hemmed in on its extensive southern border by 1-64, making any
further expansion of the County's sewer and water lines or the PD-IP district itself
unlikely in the extreme.
6
PD-IP: Major Highways
~
'l,,~~'i}~:::,=:>" >_
-,:/~~~~
?1",;:t~-:l~~I;;;':'~'~l-~~:_
Situated at the intersection of Rt. 250 and 1-64, the proposed PD-IP would be
served by ideal highway infrastructure. The distance from the 1-64 exit ramps at
Yancey Mills to the entrance of the PD-IP off Rt. 250 would be about 1,000 feet.
We can think of few places in the County, or anywhere for that matter, more
advantageously located for a PD-IP district than the subject property.
7
148 Acres +/-
The 50-acre minimum area requirement isn't an issue.
8
PD-I P: Suitability
While "suitability" differs from the other PD-IP characteristics in that it is a
subjective standard, we believe the adjacent property's long history as a sawmill
is the best indication that it is well-suited to industrial uses. We believe this
proposal makes no undue demands on limited County infrastructure and
resources. Whereas the County has been criticized by some in the past for
allowing development in areas served by what was felt to be inadequate
infrastructure, here the infrastructure is all in place and waiting to serve a
development of this kind which it's already been demonstrated the County has
need of.
9
I'll close with a few photos of the subject property and let the land speak for itself.
Why shouldn't the most beautiful county in the Commonwealth have the best
looking business park?
This is a view from the Yancey family property looking east. 1-64 is on the right-
hand side just out of view.
10
This is a shot of the property where it borders the rear of WAHS. Just past that
thin line of trees is a baseball field. Note the relatively flat topography.
11
This is a view of one of the two major floodplains. Note the trail made by the
cows on the right-hand side of the picture. At least two administrators at WAHS
as well as an individual in the County Parks & Rec. Department have suggested
that people could make use of such trails as well.
12
This is the other major floodplain. 1-64 is just beyond the trees. We currently
envision this area as remaining as open space and would be happy to take
suggestions on what form this might take assuming our CPA is approved in the
future.
13
I leave you with this final picture of the property looking west. 1-64 is on the left-
hand side out of view.
According to the Rev. Edgar Woods's History of Albemarle County published in
1901 by The Michie Company, the Yanceys have been in Albemarle County
since 1765 when Jeremiah Yancey patented several tracks near Buck's Elbow.
His son, Charles Yancey (my great-great-great grandfather), was the recipient of
at least three separate letters from Thomas Jefferson after the third President
returned from Washington to nearby Monticello.
The point is: We're not going anywhere. We have to live here. We're ready to
work with any and all willing to contribute to making this ambitious undertaking
successful for the County, the community, and the Yancey family.
Thank you for your kind attention.
14
Timothy M. Kaine
Governor
COMMONWEALTH of VIRGINIA
DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT
Division of Community Develop~~~1.Qt
July 3, 2008
Patrick O. Gottschalk
Secretary of
Commerce and Trade
WiUiant C. Shelton
Director
The Honorable Kenneth C. Boyd
Chairman, Board of Supervisors
Albemarle County
401 McIntire Road
Charlottesville, Virginia 22902
Re: 2008 CDBG Competitive Grant Proposals
Treesdale Park
Dear Chairman Boyd:
Thank you for submitting a Competitive Grant proposal under the 2008 Virginia
Community Development Block Grant (CDBG) Program. The Department of Housing and
Community Development has reviewed all submitted proposals using an objective and
quantitative rating system. Of the 1,000 points available in the rating system, your proposal
received 628 points. Grant offers have been made to local governments with proposals receiving
713 or more points.
The Department received thirty-four Competitive Grant proposals from thirty-two
localities amounting to $27,389,216 in funding requests. Although most of these proposals were
for very worthwhile projects, the $10,947,361 available in grant funds only allowed offers to be
made to the eighteen highest scoring projects.
If you would like to discuss the review process further or the rating of your application,
please contact Chris Thompson, Program Manager, at (804) 371-7061. We appreciate your
interest in the Virginia Community Development Block Grant Program.
cc: Robert W. Tucker, Jr., County Executive
Harrison Rue, Thomas Jefferson Planning District Commission
Ron White, Chief of Housing
P~6<n g'~ ~
.
(AI. (AI. (AI. , d4~d,~. 9<W
501 North Second Street. The Jackson Center. Richmond, Virginia 23219-1321 . (804) 371-7030 . FAX (804) 371-7093 . TDD (804) 371.7089
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
1401 EAST BROAD STREET
RICHMOND, VIRGINIA 23219-2000
David S. Ekern, P.E.
COMMISSIONER
July 3, 2008
Approved Waiver of Posting of Willingness
To Hold a Public Hearing
Route 64 East and West Bound Lanes
Guardrail Upgrades and Improvements
Proj. 0064-002-794, C-501: Fed. Proj. IM-064-2 (156)
Albemarle County: UPC: 89954
From: Route 637
To: Route 781
Chairman, Albemarle County
Board of Supervisors
c/o Albemarle County
401 McIntire Road
County Office Building
Charlottesville, VA 22902
,.
In accordance with the Virginia Department of Transportation Public Involvement
Manual, it has been determined that it will not be necessary to post a notice of
willingness to hold a Public Hearing. This project has been processed in accordance with
current VDOT policies and procedures.
This project is solely for guardrail upgrades and improvements and will have no
additional acquisition of land rights will occur, no unfavorable effects upon abutting real
property and no change in the layout or function of connecting roads.
On June 28, 2008, Mr. Emmett R. Heltzel, P.E., Assistant State Location and Design
Engineer, approved the waiver of the public hearing process for this project (0064-002-
794, C-501) pursuant to the authority granted by Mr. Mohammad Mirshahi, P.E., State
Location and Design Engineer, in his absence. This project meets the current
requirements for a waiver in the Public Involvement Manual
S~CerelY,
Sh~d~
For L & D, Public Involvemen? ..-
804-786-2393 VirginiaDOT.org
WE KEEP VIRGINIA MOVING
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
1401 EAST BROAD STREET
RICHMOND, VIRGINIA 23219-2000
David S. Ekern, P.E.
COMMISSIONER
July 3, 2008
Approved Waiver of Posting of Willingness
To Hold a Public Hearing
Route 250
Proj. PSGO-002-779, PlOl, N501
Traffic Signal Study at Int. of Route 250 & Route 1117
(State Farm Boulevard) in Albemarle County
UPC: 87416
Chairman, Albemarle County
Board of Supervisors
Clo Albemarle County
401 McIntire Road
County Office Building
Charlottesville, VA 22902
In accordance with the Virginia Department of Transportation Public Involvement
Manual, it has been determined that it will not be necessary to post a notice of
willingness to hold a Public Hearing. This project has been processed in accordance with
current VDOT policies and procedures.
The scope of this project will consist of the installation of a new traffic signal at the
intersection of Route 250 and Route 1117 (State Farm Boulevard) in Albemarle County
using the regional signal contractor. No additional right of way will be required.
On July 1,2008, Mr. Emmett R. Heltzel, P.E., Assistant State Location and Design
Engineer, approved the waiver of the public hearing process pursuant to the authority
granted by Mr. Mohammad Mirshahi, P.E., State Location and Design Engineer, in his
absence. This project meets the current requirements for a waiver in the Public
Involvement Manual.
Sincerely,
~~~
Sherry Munford ~
For L & D, Public Involvement
804-786-2393 VirginiaDOT.org
WE KEEP VIRGINIA MOVING
COMMONWEALTH of VIRGINIA
Office of the Governor
Timothy M. Kaine
Governor
July 7, 2008
Ms. Ellu \V. Jordan
Clerk, Board of County Supervisors
County of Albemarle
401 Mclntire Road
Charlottesville, Virginia 22902-4596
Dear Ms. Jordan:
Thank youfor your letter and resolution from the Albemarle County Board of
Supervisors in support of transportation funding efforts.
During the past several weeks, I have talked to legislators, local elected officials,
business leaders, and other citizens about addressing our transportation problems. Based
on those discussions, I have submitted a plan that is simple, statewide, and sustainable to
address the growing shortfall in our maintenance needs and provides dedicated funds to
address our statewide and regional transportation needs. The plan raises over $1 billion
annually by fiscal year 2012.
The support of counties like Albemarle is essential if we are to succeed. I
appreciate the formal support of the Board of Supervisors. The General Assembly is
currently in SpecIal Session to address transportation funding, I encourage you to contact
your state legislators and urge them to properly fund the transportation needs for the
County of Albermarle.
Sincerely,
~~)
TiLy M. Kaine
I
'rMK:es
c: The Honorable Pierce R. Homer, Secretary of Transportation
Patrick Henry Building · 1111 East Broad Street · Richmond, Virginia 23219
(804) 786-2211 · TTY (800) 828-1120
www.governor.virginia.gov
COMMONWEALTH OF VIRGINIA
HOUSE OF DELEGATES
RICHMOND
R. STEVEN (STEVE) LANDES
POST OFFICE BOX 42
WEYERS CAVE. VIRGINIA 24486
COMMITTEE ASSIGNMENTS:
EDUCATION (VICE CHAIRMAN)
APPROPRIATIONS
RULES
TWENTY-FIFTH DISTRICT
July 3, 2008
The Honorabh~ Kenneth C. Boyd
Chairman of Albemarle Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22902
Dear Ken and Members of the Board:
I wanted to take the opportunity to thank you for contacting me regarding your
concerns related to cuts to state-mandated services delivered by local governments and in
services that localities partner with the state in delivering. I cannot disagree that unfunded
mandates should be a concern to all of us and perhaps we should take the time to discuss
this issue in more detail prior to the 2009 Session.
At my request, Appropriations prepared the enclosed summary of the impact of
reductions in local aid for Albemarle County. Please review the enclosure; perhaps it will
stimulate topi;;s to discuss with your legislators at the annual legislative review Board
meeting.
Thank you for sharing your views. If you need assistance in the future, please do
not hesitate to contact me.
RSL/jww
Enclosure
~
DISTRICT: (540) 245-5540 . FAX: (540) 248-8434 . RICHMOND: (804) 698-1025 . E-MAIL: STEVE@STEVELANDES.COM
...\
Notes Regarding the Impact of Reductions in Local Aid for
the Albemarle County
· The biennial budget adopted by the General Assembly for fiscal years (FY) 2009 and
2010, include reductions in local aid totaling $50.0 million per year
~ Total funding for the types of local aid affected by these reductions had been
projected to be $1.27 billion in FY 2009 and $1.29 billion in FY 2010
~ The reductions in local aid represent 3.94 percent of the total funding for the affected
local aid programs in FY 2009 and 3.89 percent of the total funding for the affected
local aid programs in FY 2010
. Reductions in local aid payments will not affect Aid for Public Education or car tax
reimbursements:
~ Aid for Public Education: Albemarle County is projected to receive $47.8 million in
K-12 funding for FY 2009 and $48.9 million in K-12 funding for FY 2010
~ Car tax reimbursements: Albemarle County is projected to receive $15.0 million in
car tax reimbursements for both FY 2009 and FY 2010
. The types of local aid that are subject to the reductions include: financial assistance for
local constitutional officers and court services, financial assistance for local libraries,
distributions from rolling stock and recordation taxes, funding for services to at-risk
youth, funding for social services, assistance for local administration of justice programs,
aid to localities with police departments, and alternative treatment service payments for
juvenile delinquents
~ In total, the local aid payments made by the Commonwealth to Albemarle County for
these programs is projected to be $11.9 million in FY 2009 and $12.2 million in FY
2010
~ The savings the city is projected to achieve from these programs are estimated to be
$469,805 (3.94 percent) in FY 2009 and $474,256 (3.89 percent) in FY 2010
~ The total reductions that are to be achieved from these sources of local aid is
miniscule in relation to the total amount received by the City of Staunton
. Even accounting for the reductions in local aid payments for these programs, the City of
Staunton will still receive $11.5 million in local aid payments from the Commonwealth in
FY 2009 and $11.7 million in FY 2010
. It should be noted that Albemarle County may choose which programs will be affected
by the reductions in local aid payments. Consequently, the city may hold harmless some
,.
portion of the affected programs
Other Actions
Aid to Localities with Police Departments (HB 599 Funds)
. In his October 2007 budget reduction plan (http://www.dpb.virginia.gov/budget/06-
08/2008BudgetReductionPlanl0-01-2007.pdf), the Governor included $19.3 million in
reductions to local aid payments. These reductions in local aid payments included a
reduction of$10.8 million in aid to localities with police departments (HB 599 funds).
The reduction in aid to localities with police departments represented 56 percent of the
total reductions in local aid payments included in the Governor's plan
? For Albemarle County, which had been scheduled to receive $2.5 million in HB 599
funds for FY 2008, the reduction totaled $125,689
? Because neither the House nor the Senate budgets had sufficient available general
fund dollars to restore the Governor's reduction, Albemarle County will receive $2.4
million in HB 599 funds for FY 2009 and FY 2010
? If Albemarle County chooses to apply some portion of its local aid reductions to its
HB 599 funds, then the county would likely receive $2.3 million in aid for local
police departments for FY 2009 and FY 2010
Aid for Local Fire Departments
. Neither the Governor's October 2007 budget reduction plan nor the biennial budget
adopted by the General Assembly included any specific reductions in local grants to fire
departments
? However, it should be noted that in order to address the general fund revenue
shortfall, the Governor proposed foregoing payment of interest to nongeneral fund
accounts such as the Department of Fire Program's Fire Programs Fund
? This strategy was included in the adopted budget, so these nongeneral fund accounts
will not receive interest earnings in FY 2009 or FY 2010
o As of May li\ 2008, the Fire Programs Fund had a balance of$8.5 million
o Total interest earnings collected throughout FY 2007 totaled $854,198. So, it
does not appear interest earnings are critical to the solvency ofthe Fire Programs
Fund
. The fund's primary means of support is not interest earnings but the collection of annual
assessments equaling one percent of each insurance company's homeowners, fire,
miscellaneous property and casualty, and marine insurance policies
....
. The Fire Programs Fund is used to provide equipment and training for professional and
volunteer fire departments. Grants to these professional and volunteer fire departments
will continue to be made
);- Albemarle County was projected to receive $220,525 in payments from the Fire
Programs Fund in FY 2008. According to the Department of Fire Programs, this
payment has already been made to the county. Consequently, given a current balance
of $8.5 million in the fund, it does not appear Albemarle County is likely to have
these payments reduced
Cor~
Kenneth C. Boyd
Rivanna
COUNTY OF ALBEMARLE
Office of Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22902-4596
(434) 296-5843 FAX (434) 296-5800
Dennis S. Rooker
Jack Jouett
Lindsay G. Dorrier, Jr.
Scottsville
David L. Slutzky
Rio
Ann H. Mallek
White Hall
Sally H. Thomas
Samuel Miller
June 19, 2008
Governor Timothy M. Kaine
Office of the Governor
Patrick Henry Building, 3rd Floor
1111 East Broad Street
POBox 1475
Richmond VA 23219
Dear Governor Kaine:
At its meeting on June 18, 2008 the Board of Supervisors adopted the attached
resolution requesting your opposition to legislation during the forthcoming transportation
special session relating to the allocation of funds for primary, urban, and secondary
system highway construction. The Board further urges your enacting a transportation
funding package that includes annual revenues that address the Commonwealth's
transportation infrastructure needs.
Sincerely,
Ella W. Jordan, Clerk, CMC
Enclosure (1)
cc: The Honorable Delegate David Toscano
The Honorable Delegate Robert B. Bell III
The Honorable Delegate Watkins M. Abbitt, Jr.
The Honorable Delegate R. Steven Landes
The Honorable Senator Emmett W. Hanger, Jr.
The Honorable Senator R. Creigh Deeds
Mr. David C. Blount
COMMONWEALTH OF VIRGINIA
HOUSE OF DELEGATES
RICHMOND
R. STEVEN (STEVEl LANDES
POST OFFICE BOX 42
WEYERS CAVE. VIRGINIA 24486
COMMITTEE ASSIGNMENTS:
EDUCATION (VICE CHAIRMAN>
APPROPRIATIONS
RULES
TWENTY-FIFTH DISTRICT
July 1, 2008
Ms. Ella W. Jordan, Clerk, CMC
Albemarle County Board of Supervisors
401 McIntire Road
Charlottesville, VA 22902-4596
Dear Ms. Jordan:
Thank you for the copy of the resolution adopted on June 18, 2008, by the
Albemarle County Board of Supervisors regarding the resolution requesting my
opposition to legislation during the forthcoming transportation special session relating to
the allocation of funds for primary, urban, and secondary system highway construction.
You also encouraged me to enact a transportation package that includes annual revenues
that address the Commonwealth's transportation infrastructure needs. I understand the
Board's concern, and appreciate you bringing these concerns to my attention
Thank you again for the copy of the resolution. If I can ever be of service to you
or any member of Albemarle County Board of Supervisors, please feel free to contact me.
Sincerely,
RSL/amf
DISTRICT: (540) 245-5540 . FAX: (540) 248-8434 . RICHMOND: (804) 698-1025 . E-MAIL: STEVE@STEVELANDES.COM
COMMONWEALTH of VIRGINIA
MATTHEW O. TUCKER
DIRECTOR
DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION
1313 EAST MAIN STREET, SUITE 300
P.O. BOX 590
RICHMOND, VA 23218-0590
(804) 786-4440
FAX: (804) 786-7286
VIRGINIA RELAY CENTER
1-800-828-1120 (TDD)
July 9, 2008
Chairman Kenneth Boyd
County of Albemarle Board of Supervisors
401 McIntire Road
Charlottesville, Virginia 22902-4596
Dear Mr. Boyd:
Thank: you for your letter regarding the proposed Amtrak extension between Lynchburg
and Washington, D.C., specifically your request that the Virginia Department of Rail and
Public Transportation (DRPT) consider the implications of an increased military presence
in Albemarle County when planning for future US29 corridor improvements.
I appreciate your comments regarding the increased population in Albemarle County and
the possibility of increased passenger rail ridership as a result of the Base Realignments
and Closings. These comments will be taken into consideration as part of the
development of the Statewide Rail Plan. The draft plan is scheduled to be published
during the week of July 14 and will be available for review on DRPT's website at
www.drpt.virginia.gov.
Thank: you again for your comments and suggestions. I also encourage you to attend a
Statewide Rail Plan public meeting. The meeting schedule is as follows:
Richmond Region
July 16, 5:30 p.m.
Virginia Department of Transportation Auditorium
1221 East Broad Street., Richmond, VA232l9
Staunton Region
July 23, 6:00 p.m.
Blue Ridge Community College Plecker Workforce
Center Auditorium
One College Lane, Weyers Cave, VA 24486
Roanoke Region
July 24, 6:00 p.m.
Salem Civic Center
1001 Boulevard, Salem VA 24153
The Smartest Distance Between Two Points
www.drpt. virgin ia. gov
Chairman Kenneth Boyd
July 9, 2008
Page Two
Northern Virginia Region
July 29, 7:00 p.m
Fairfax County Government Center Board Auditorium
12000 Government Center Parkway, Fairfax VA 22035
Hampton Roads Region
July 30,6:00 p.m.
Hampton Roads Planning District Commission
723 Woodlake Drive, Chesapeake, VA 23320
Comments may also be submitted by email at drptpr@drpt.virginia.gov or by mail at the
following address:
Department of Rail and Public Transportation
1313 E. Main Street
Suite 300
Richmond, VA 23219
Thank you for your interest in passenger rail improvements in Virginia.
Sincerely,
Matthew O. Tucker
Director
111l ~ CO.
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832
Fax (434) 972-4126
July 11, 2008
Mr. John D. Griffin, Esquire
c/o Zobrist Law Group
3 Boar's Head Lane
Charlottesville, VA 22903
RE: Tax Map 57, Parcel 41 L, Cross Property - Wild Turkey Lane Tower Site
-Letter of March 13, 2008 requesting reduction in height of tower.
Dear Mr. Griffin:
I am writing to thank you and your clients, the neighbors of the above referenced tower,
for the persistence shown in helping us gain compliance with the approved height limit
for that tower. I also wanted to provide you with photo images of the before and after
view of the tower adjacent to the reference tree.
As you may recall, our code enforcement officer, Mr. John Jones, had inspected the
finished tower in February and questioned the accuracy of the height at that time. He
requested another engineer's certification verifying the tower height. When the tower
installers provided the second verification, it was still of concern, but it was your
engineer's certification that confirmed the height difference. This was sufficient
evidence to have us issue the violation notice, which the owners quickly abated by
having the contractor reduce the tower height by May of 2008.
It is encouraging to see citizen involvement such as this result in positive benefits for the
entire community. This is best accomplished when all parties cooperate the way they
did in this case. Mr. Jone's practiced eye, a neighbor's willingness to invest in further
professional consult and an applicant that was ready to correct the error, all came
together to give us the desired outcome.
Thanks again for the good work. If you have any further questions, please feel free to
contact m 32 ext. 3225.
. cerely, . __..-//'~' >
n ~ 4r/~ -Yflr..rr
rzec>..P/ V .., /"
onald L. Higgins, AICP
Chief of Zoning
C:\RonHiggins_Docs\Wild Turkey Tower letter & photos.doc
1
Attachments:
Photo of Cell Tower and Reference Tree provided by Zobrist Group
Photo of Cell Tower and Reference Tree taken May 23, 2008, after reduction
Copy: Albemarle County Board of Supervisors
Albemarle County Planning Commission
.~ Jordan, Clerk of the Board of Supervisors
Greg Kamptner, Deputy County Attorney
Wayne Cilimberg, Director of Planning
Amelia McCulley, Director of Zoning
Rob Heide, Chief of Zoning Enforcement
John Jones, Code Enforcement Officer II
C:IRonHiggins_DocsIWild Turkey Tower letter & photos.doc
2
. Photo of Cell Tower
Wild Turkey Lane
BEFORE Height Reduction
Photo of Cell Tower
Wild Turkey Lane
AFTER Height Reduction