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HomeMy WebLinkAboutSUB201400085 Review Comments 2014-06-24Boundary Line Adjustment Review Checklist SUB201400085, Kenridge Lots 22 – 26 BLA Sec. 14-212.1 Boundary line adjustment; conditions precedent. A boundary line adjustment shall be approved only if, in addition to satisfying all other applicable requirements of this chapter, the agent is satisfied that: A. The lots affected shall have been: (i) part of an otherwise valid and properly recorded subdivision plat approved pursuant to this chapter or a prior subdivision ordinance of the county; or (ii) part of a properly recorded deed prior to the adoption of the first subdivision ordinance of the county that required an approved subdivision plat under the applicable circumstances. B. The application shall not involve the relocation or alteration of any streets, alleys, or easements for public passage, or other public areas. Easements or utility rights-of-way may be relocated or altered only with the express written consent of all persons holding an interest therein. OK (§ 3, 8-28-74; § 18-15, 9-5-96; § 14-239(part), Ord. 98-A(1), 8-5-98, Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 13-14(1), 12-4-13, effective 1-1-14) Sec. 14-302 Contents of preliminary plat. A preliminary plat shall contain the following information: A. A preliminary plat shall contain the following information, which must be included in order for a preliminary plat to be deemed complete under section 14-218: 1. Name of subdivision. The title under which the subdivision is proposed to be recorded. The title shall not duplicate or be a homonym of an existing or reserved subdivision name within the county, the City of Charlottesville, or the Town of Scottsville, except if the subdivision is an extension of an existing subdivision. OK 2. Vicinity map. A map at a scale of one (1) inch equal to two thousand (2,000) feet showing the property and its relationship with adjoining land and streets, its relationship with landmarks in the area and, if the subdivision is a phased subdivision, all other phases of the subdivision for which a final plat has been approved, in detail adequate to describe the location of the property without field review. OK 3. Existing or platted streets. The location, width and names of all existing or platted streets and all other rights-of-way. OK 4. Private easements. The location and dimensions of all existing and proposed private easements. Existing easements shall be labeled with the deed book and page number and the name of the owner of record. Issue: • 20’ & variable width easement behind houses not labeled for easement holder – may be sanitary sewer. • Where is the northern edge of the sanitary easement just north of Lot 22? • Owner of drainage, sanitary and water easements not labeled. • Deed book and page for the revised sanitary sewer easement. - Is that easement shown correctly on the current plat. 5. Public easements. The location and dimensions of all existing and proposed public easements outside of a street right-of-way. Existing easements shall be labeled with the deed book and page number and the name of the public owner of record. Proposed easements shall be labeled as “dedicated to public use.” 6. Alleys and shared driveways. The location and dimensions of all easements for alleys and shared driveways. N/A 7. Existing and departing lot lines. If the property consists of more than one existing lot, then the identification of the existing lots and their outlines, which shall be indicated by dashed lines; and, the location of departing lot lines of abutting lots. OK 8. Proposed lots. The number, approximate dimensions, and area of each proposed lot. 9. Building sites on proposed lots. The location, area and dimensions of a building site on each proposed lot complying with the requirements of section 18-4.2. The plat shall also contain the following note: “Parcel [letter or number] and the residue of Tax Map/Parcel [numbers] each contain a building site that complies with section 4.2.1 of the Albemarle County Zoning Ordinance.” N/A 10. Right of further division of proposed lots. The number of lots, as assigned by the subdivider, into which each proposed lot may be further divided by right pursuant to section 18-10.3.1, if applicable. The plat shall also contain the following note: “Parcel [letter or number] is assigned [number] development rights and may/may not be further divided and when further divided these rights shall not comprise more than [number] acres. The residue of Tax Map/Parcel [numbers] is retaining [number] development rights and when further divided it shall not consist of more than [number] acres.” Development rights need not be assigned to a special lot. N/A 11. Instrument creating property proposed for subdivision. The deed book and page number of the instrument whereby the property was created, as recorded in the office of the clerk of the circuit court of the county. OK 12. Topography. Existing topography at the time of plat submittal at up to twenty [20] percent slope, with a contour interval that is not greater than the interval on aerial topography available from the county. The source of topography, including survey date and name of the licensed professional; or a statement that topography data provided by the county was used Proposed grading, with a contour interval equal to the intervals of the existing topography, supplemented where necessary by spot elevations; areas of the site where existing slopes are steep slopes. Existing topography for the entire site with sufficient offsite topography to describe prominent and pertinent offsite features and physical characteristics, but in no case less than fifty (50) feet outside of the site unless otherwise approved by the agent. For property in the rural areas zoning district, the proposed grading shall show all grading on each proposed lot, including access, clearing and all other lot improvements. 13. Proposed facilities. The location of proposed water and sewer lines and related improvements; proposed drainage and stormwater management facilities and related improvements. 14. Land to be dedicated in fee or reserved. The location, acreage, and current owner of all land intended to be dedicated in fee or reserved for public use, or to be reserved in a deed for the common use of lot owners in the subdivision. N/A 15. Identification of all owners and certain interest holders. The names and addresses of each owner of record and holders of any easements affecting the property. 16. Dam break inundation zones. The limits of a dam break inundation zone. OK B. A preliminary plat shall also contain the following information, provided that the preliminary plat shall not be deemed incomplete for purposes of section 14-218 if it does not include this information in the initial plat submittal: 1. General information. The date of drawing, including the date of the last revision, the number of sheets, the north point, and the scale. If true north is used, the method of determination shall be shown. OK 2. Name of plat preparer. The name of the person who prepared the plat. OK 3. Public areas, facilities or uses. The location of all areas shown in the comprehensive plan as proposed sites for public areas, facilities or uses, as described in Virginia Code § 15.2-2232, which are located wholly or in part within the property. 4. Places of burial. The location of any grave, object or structure marking a place of burial located on the property. OK 5. Zoning classification. The zoning classification of the property, including all applicable zoning overlay districts, proffers, special use permits and variances. OK 6. Tax map and parcel number. The county tax map and parcel number of the property. Issues: TMP for Lot 26 mislabeled as Lot 25 7. Reservior watershed; agricultural-forestal district. A notation as to whether the land is within an Albemarle County and/or City of Charlottesville water supply watershed or an agricultural- forestal district. OK 8. Yards. The location of all yards required by this chapter and the zoning ordinance, which may be shown graphically or described in a note on the plat. 9. Floodplain and related information. If section 30.3, flood hazard overlay district, applies to any portion of the site, United States Geological Survey vertical datum shall be shown and/or correlated to plat topography and show existing and proposed ground elevations. The boundaries of the flood hazard overlay district, the base flood elevation on the site, the elevation of the lowest floor, including any basement, and for any structures to be flood- proofed as required by section 30.3, the elevation to which the structures will be flood-proofed. OK - none 10. Stream buffers. The location of stream buffers required by the water protection ordinance, with the following note: “The stream buffer(s) shown hereon shall be managed in accordance with the Albemarle County Water Protection Ordinance.” OK - none Sec. 14-303 Contents of final plat. In addition to containing all of the information required by section 14-302, except for the information required by section 14-302(A)(12), a final plat shall contain the following information: A. Statement of consent to division. A statement that: “The platting or dedication of the following described land [insert a correct description of the land subdivided] is with the free consent and in accordance with the desire of the undersigned owners, proprietors and trustees, if any.” OK B. Section name or number. The name or number of the section if the property is a part of a larger piece of land. N/A C. Boundary lines. The exterior boundary lines of the property with bearings in degrees, minutes and seconds. Curvilinear data shall include radius, central angle, arc length, and tangent distance. All dimensions shall conform to the standards set forth in this chapter. OK D. Acreage of lots. The total acreage of each existing lot and each proposed lot. OK E. Dimension standards and information on all lots, streets, alleys, easements, and shared driveways. All linear, angular, and curvilinear dimensions of lots, streets, alleys, public easements and private easements and shared driveways shall conform to the requirements set forth in 18 VAC 10-20-370(C), a copy of which shall be on file in the department of community development. Curvilinear data shall include radius, central angle, arc length, and tangent distances and may be shown either directly on the corresponding boundary or surveyed line or in table form. Easements shown for private streets, alleys and shared driveways shall be labeled as “private street easement”, “alley easement” or “shared driveway easement.” The easement holder(s) shall be identified on the plat. If shared driveways are shown, a note shall be added to the plat stating that maintenance shall be by the owners of the lots affected by the shared driveway easement, not by the Virginia Department of Transportation or the county. OK F. Identification of sections, blocks and lots. Sections (phases) shall be identified by numbers; blocks shall be identified by letters; lots shall be identified by numbers, assigned in numerical order. OK G. Ownership of common areas. The intended ownership of all common areas. Issues: Ownership of storm water management area not indicated. H. Monuments. The location and material of all permanent reference monuments. Monuments found or installed prior to plat recordation may be referred to if they are permanent and undisturbed. If any monument required by this chapter will be installed after recordation of the final plat, the certification of the professional engineer or land surveyor shall so note. I. Bearing and distance ties. A definite bearing and distance tie between not less than two (2) permanent monuments on the exterior boundary of the property and further tie to existing street intersection where possible and reasonably convenient. J. Restrictions. Restrictions imposed in conjunction with the approval of the preliminary plat and their period of existence. If the length of a restriction makes its inclusion on the final plat impractical, and does not necessitate the preparation of a separate instrument, reference shall be made to the restriction on the final plat. K. Temporary turnarounds. The location of temporary turnarounds, if needed, with the following accompanying note: “The area on this plat designated as a temporary turnaround will be constructed and used as other streets in the subdivision until (street name) is/are extended to (street name), at which time the land in the temporary turnaround area will be abandoned for street purposes and will revert to adjoining property owners in accordance with specific provisions in their respective deeds.” L. Public utility, drainage and sight distance easements. The location and dimensions of each public utility, drainage and sight distance easement outside of a street right-of-way; for each existing easement, include a note stating the deed book and page number. OK M. Street names. The name of each proposed street, which names shall be subject to approval by the agent. N. Statement pertaining to private streets. If the subdivision will contain one or more private streets, the following statement: “The streets in this subdivision may not meet the standards for acceptance into the secondary system of state highways and will not be maintained by the Virginia Department of Transportation or the County of Albemarle.” O. Signature panels. Signature panels for each owner and for the agent or his designee. The signature panel for the owner shall be located immediately below the statement required by paragraph (A). OK P. Notary panels. Notary panels for the notary to acknowledge the signature of the owner. OK Q. Water supply. A statement as to whether the subdivision will be served by a public water supply and a public sewer system. If the property is not within the service authority jurisdictional area, the following statement: “Under current county policy, public water and/or sewer service will not be available to this property.” R. Parent parcel access. If the subdivision is in the rural areas, the following statement, unless a waiver is granted as provided in section 14-404: “All subsequent divisions of the residue shall enter only onto such street(s) shown on the approved final plat and shall have no immediate access onto to any public street.” S. Control points. At least four (4) control points, evenly distributed across the property and located at survey property corners, and shown on each sheet depicting the property. At the option of the subdivider, the control points may be shown on a copy of the final plat, rather than on the original final plat. T. Special lots. If the subdivision creates a special lot, the following note shall be placed on the plat: “Lot ‘X’ is a special lot established solely for (insert purpose for the special lot as identified in the Sec. 14-307 Stream crossings. If any lot within the subdivision would be served by a street or driveway crossing a perennial or intermittent stream, the subdivider shall submit with each preliminary plat or, if none, with each final plat, the information required to show that the stream crossing would satisfy the requirements of section 17-320(D) or, in the alternative, section 17-321(4). N/A (Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 13-14(1), 12-4-13, effective 1-1-14) Sec. 14-307.1 Dam break inundation zones. If the proposed subdivision is wholly or partially within the boundaries of a dam break inundation zone, and the proposed subdivision is a “development” as defined in this chapter, the site review committee shall review the preliminary plat, or if none, the final plat, as follows: (i) it shall review the dam break inundation zone map on file with the county for the affected impounding structure; (ii) notify the dam owner about the proposed subdivision; and (iii) within ten (10) days after the application is deemed complete, send a written request to the Virginia Department of Conservation and Recreation to make a determination of the potential impacts of the proposed subdivision on the spillway design flood standards required for the dam as provided in Virginia Code § 10.1-606.3. OK Sec. 14-318 Dam break inundation zones; engineering study and mapping information. If the proposed subdivision is wholly or partially within the boundaries of a dam break inundation zone, and the proposed subdivision is a “development” as defined in this chapter, the subdivider shall submit with the final plat the following: A. Engineering study. If the Virginia Department of Conservation and Recreation determines that a plan of development proposed by a subdivider would change the spillway design flood standards of an impounding structure pursuant to Virginia Code § 10.1-606.3, the subdivider shall submit an engineering study in conformance with the Virginia Soil and Water Conservation Board’s standards under the Virginia Dam Safety Act in Virginia Code § 10.1-604 et seq. and the Virginia Impounding Structure regulations in 4 VAC 50-20. The engineering study shall be reviewed and acted upon by the Virginia Department of Conservation and Recreation as provided in Virginia Code § 15.2-2243.1. B. Mapping information. The subdivider shall provide the dam owner, the county, and any other affected localities with information necessary for the dam owner to update the dam break inundation zone map to reflect any new development within the dam break inundation zone following completion of the development. N/A (Ord. 13-14(1), 12-4-13, effective 1-1-14) Sec. 14-309 Soil evaluations. The subdivider shall submit to the agent with each final plat the results of percolation tests or other methods of soil evaluation used to determine the suitability of the soil for subsurface drainfields, if conventional onsite sewage systems are proposed to be used in the development of the subdivision, and the results are requested by the agent. These results shall be forwarded by the agent to the health director. N/A (8-28-74; § 18-23, 9-5-96; § 14-309, Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20- 05; Ord. 12-14(1), 7-11-12) Sec. 14-310 Health director approval of individual private wells and/or onsite sewage systems. If required as a condition of final plat approval, a final plat shall not be approved if individual private wells are proposed for the subdivision until written approval has been received from the health director by the agent. A final plat shall not be approved if onsite sewage systems are proposed for the subdivision until written approval has been received from the health director by the agent, provided further that if the subdivision will be served by conventional onsite sewage systems: N/A A. The health director shall determine the suitability of the soil of each lot of the subdivision for which conventional onsite sewage systems will be constructed, and shall submit his opinion to the agent. B. The health director may require as a condition of his approval of the installation of conventional onsite sewage systems that individual lots be graded and drained so as to assure the effective removal of surface water from each lot. C. Special lots shall not be subject to this section unless the special lot is created for a water supply or waste disposal purpose. (Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 11-14(1), 6-1-11; Ord. 12- 14(1), 7-11-12) Sec. 14-312 Location of existing buildings. The subdivider shall submit with the final plat a survey showing the location of all existing buildings on the land to be subdivided within fifty (50) feet of a proposed lot line or a proposed street. OK (Ord. 05-14(1), 4-20-05, effective 6-20-05) Sec. 14-313 Reserved. (Ord. 05-14(1), 4-20-05, effective 6-20-05) Sec. 14-314 Identification of all interests of the county in property. The subdivider shall submit, prior to or with the final plat, a plan which shows all rights-of-way, easements or other interests of the county or any authority within the subdivision that would be terminated and extinguished by recordation of the final plat, as provided in section 14-433. N/A Sec. 14-400 Minimum lot requirements. Each lot within a subdivision shall satisfy the minimum lot requirements established in the zoning ordinance; provided that no street frontage or lot access requirement shall apply to any lot that would be created from the subdivision of a parcel where two (2) or more dwellings existed on the parcel on October 14, 2009 and one existing dwelling would be located on each lot created. N/A Sec. 14-405 Side lot lines. Side lot lines of each lot within a subdivision shall be approximately at right angles or radial to the street line, except turnaround terminal points. The requirements of this section may be varied or excepted by the agent as provided in section 14-203.1. OK Sec. 14-406 Remnants. Remnants shall not be created by the subdivision of land. All pre-existing remnants shall be eliminated when the land is subdivided. OK Sec. 14-416 Individual private wells and onsite sewage systems. A subdivision for which public water and/or public sewerage service is not reasonably available as provided in section 14-414, and for which a central water supply and/or a central sewerage system is not authorized under section 14-415, shall be served by individual private wells or onsite sewage systems, or both, and shall meet all requirements of the health department and be approved by the health director. N/A Sec. 14-421 Monuments. The subdivider shall have monuments set as follows: A. All boundaries, both exterior and interior, of the original survey for the subdivision shall be monumented as provided in 18 VAC § 10-20-370(B), a copy of which shall be on file in the department of community development. B. No monuments other than those required by paragraph (A) shall be required to be set before recordation of the final plat or the conveyance of land by reference to plat if the professional engineer or land surveyor includes in his certification on the plat that any additional monuments required by this chapter shall be set on or before a specified later date. C. The setting of any monument at any time after recordation of the final plat shall be established both at law and in equity, at prorated positions as determined from direct remeasurements between the established monuments of record rather than as precisely stated or shown on the recorded plat. D. The subdivider shall be responsible for resetting any monument on the property which is damaged, disturbed or destroyed during construction of any improvements required by this chapter. Noted Sec. 14-426 Dedication of land for public use. The subdivider may dedicate to the county a part of the property suitable for parks, schools, open space and other public facilities, utilities and other public or semipublic uses, as follows: N/A A. The board of supervisors shall not be required to compensate the subdivider for the land dedicated if the dedication is a gift, required by a proffer as part of a conditional rezoning, required as a condition of a special use permit, variance, or other approval, or if the need for the land is substantially generated by the subdivision. B. Land dedicated under this section shall be set apart on the final plat and be identified by a note on the plat stating that the land is dedicated for public use. C. The determination of whether the need for the land is substantially generated by the subdivision shall be made by considering the factors for a determination set forth in section 14- 424(B). Sec. 14-427 Reservation of land for public use. The subdivider may reserve for future dedication to the county a part of the property suitable for parks, schools, open space and other public facilities, utilities and other public or semipublic uses, as follows: N/A A. The board of supervisors shall not be required to compensate the subdivider for the reservation of land if the dedication is a gift, required by a proffer as part of a conditional rezoning, required as a condition of a special use permit, variance, or other approval, or if the need for the land is substantially generated by the subdivision. B. Land reserved under this section shall be set apart on the final plat and be identified by a note on the plat stating that the land is reserved for future dedication for public use. C. The determination of whether the need for the land is substantially generated by the subdivision shall be made by considering the factors for a determination set forth in section 14- 424(B). D. Nothing in this section precludes land being reserved for public use which is not included in the comprehensive plan, provided the land is acceptable to the county for reservation. E. The agent shall not require that land be reserved in a manner that would render it unusable to the subdivider if not used for the intended public purpose. F. The subdivider may petition the board of supervisors to release a reservation if the land is not used for a public purpose, using the procedure in section 14-212.2. Sec. 14-428 Dedication of streets, alleys, curbs, gutters, sidewalks, stormwater management facilities, bicycle trails, pedestrian trails. N/A The agent shall require a subdivider to dedicate to the county for public use each public street, including each non-constructed street extension as provided in section 14-409, and including any required curb, curb and gutter, planting strip and sidewalk, each drainage improvement for the public street, and may require a subdivider to dedicate to the county for public use any stormwater management facility, bicycle trail or pedestrian trail within a subdivision or section thereof, as follows: A. The board of supervisors shall not be required to compensate the subdivider for any dedicated land or improvements thereon. B. The land and improvements to be dedicated shall be set apart on the final plat and be identified by a note on the plat stating that the land is dedicated for public use. C. When a subdivision abuts one side of an existing or platted street, the subdivider shall dedicate at least one-half of the right-of-way necessary to make the street comply with the minimum width fixed for the street by this chapter. Sec. 14-429 Reservation of land for streets, alleys, walkways, waterways or public areas shown on map. N/A The agent may require a subdivider to reserve for future dedication to the county a part of the property suitable for streets, alleys, walkways, waterways or public areas if they are shown on an official map or other map adopted under Virginia Code § 15.2-2233, as follows: A. Land reserved for future dedication under this section shall be set apart on the final plat and be identified by a note on the plat stating that the land is reserved for future dedication for public use. The land reserved shall not be developed except as provided in this section. B. When a subdivision plat or site plan to allow the reserved land to be developed is submitted to the county, the subdivision plat or site plan shall be reviewed and acted on as provided in this chapter (subdivision plat) or section 32 of the zoning ordinance (site plan). If the subdivision plat or site plan is disapproved for the sole reason that the county wants the land to be dedicated to public use, the county shall have sixty (60) days to request that the land be dedicated to public use and the dedication shall be completed within one hundred twenty (120) days after the date of disapproval. If the county has not acted within the one hundred twenty (120) day period, the subdivision plat or site plan shall be approved provided that all other requirements of law have been satisfied. The board of supervisors shall not be required to compensate the subdivider for the land dedicated if the need for the land is substantially generated by the subdivision. The determination of whether the need for the land is substantially generated by the subdivision shall be made by considering the factors for a determination set forth in section 14-424(B). C. The subdivider may petition the board of supervisors to release the reservation if the map is amended to remove the street, alley, walkway, waterway or public area from the lands reserved on the plat. Sec. 14-433 Effect of recordation of plat on dedications and certain easements. Noted The recording of a final plat shall transfer dedicated land and improvements and establish certain easements as follows: A. Recordation shall operate to transfer, in fee simple, to the county that portion of the land set apart on the plat and dedicated for public use as provided in sections 14-426, 14-428 and 14- 431. B. Recordation shall operate to transfer to the county any easement indicated on the plat to create a public right of passage over the property. C. Recordation shall operate to transfer to the service authority, in fee simple, the water and sewer facilities, and the easement, as provided in section 14-430. D. Recordation shall operate to terminate and extinguish all rights-of-way, easements or other interests of the county in the property not shown on the plat, except that an interest acquired by the county by eminent domain, by purchase for valuable consideration and evidenced by a separate instrument of record, or streets, alleys or easements for public passage subject to the provisions of Virginia Code §§ 15.2-2271 or 15.2-2272 shall not be affected by recordation. E. Recordation shall not constitute acceptance of any improvements by the county or any service authority, state agency or department. Sec. 14-438 Inspections; right of entry. Noted Improvements required by this chapter shall be inspected as follows: A. Application deemed consent. The submittal of a preliminary or final plat by a subdivider shall constitute consent by the subdivider to all officers and employees of the county, the service authority and any other authority, and any state department or agency, responsible for permitting, approving or accepting, or both, any improvement required by this chapter, to enter upon the property at all reasonable times for the purpose of making periodic inspections related to the review of the preliminary or final subdivision plat for compliance with this chapter and to the completion of all improvements required by this chapter. The deemed consent shall expire when all improvements required by this chapter are completed, permitted, approved, or accepted as the case may be, and all surety is finally released as provided in section 14-436. B. Notice prior to request for inspection. Each developer shall notify the zoning administrator when each stage of the development is ready for inspection. C. Scope of inspections. Any inspection of improvements required by this chapter shall be conducted solely to determine compliance with the requirements and specifications provided by law and the approved design plan. Sec. 14-441 Dam break inundation zones; prerequisite to development. N/A Following the completion of the engineering studies in accordance with Virginia Code § 15.2- 2243.1(A) and the determination by the Virginia Department of Conservation and Recreation that the subdivider’s plan of development would change the spillway design flood standards of the impounding structure, before any development within a dam break inundation zone: A. Payment for portion of necessary upgrades. The subdivider shall pay fifty (50) percent of the contract-ready costs for necessary upgrades to an impounding structure attributable to the subdivision, together with an administrative fee not to exceed one (1) percent of the total amount of payment required or one thousand dollars ($1,000.00), whichever is less. Any payments shall be made to the Dam Safety, Flood Prevention and Protection Assistance Fund held by the Virginia Resources Authority pursuant to Virginia Code § 10.1-603.19:1. “Necessary upgrades” do not include costs associated with routine operation, maintenance, and repair, nor do they include repairs or upgrades to the impounding structure not made necessary by the proposed subdivision.; or B. Redesign the subdivision. The subdivider shall amend the plat so that it does not alter the spillway design flood standard required of the impounding structure.