HomeMy WebLinkAboutSUB201800020 Other 2018-08-09173
March 29, 1978 (Special = Called Meeting)
BE IT ORDAINED by the Board of Supervisors of Albemarle County,
Virginia, that the Albemarle County Code, Chapter 18 entitled
"Subdivision of Land" be, and it heneby is, amended by the addition;
deletion and/or amendment of various sections, reapectively,;.all-,as=�
follows:
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March 29, 197B (Special -Called Meeting)
�Hki =, 18, SUBDIVISION OF LAND
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Article I. In General.
Section 18-2. Definitions.
For the purpose of this chapter, terms used herein shall be interpreted
and defined as follows: The word "approve" shall be considered to be
followed by the words "or disapprove." The word "current" shall mean the
point in time at which a matter is under consideration and shall not mean
the date of adoption of the ordinance from which this chapter is derived.
Any reference to this.chapter includes all ordinances amending or supple-
menting the same and the date of their additions or deletions. All distances
and areas refer to measurement in a horizontal plane. Except as otherwise
herein expressly provided, any term contained herein which has an established
meaning at common law shall be deemed to have its common law meaning and
any definition thereof shall be deemed declarative of the common law and
shall be construed in accordance therewith.
Road, private. Any road, street, highway or other way or means of
vehicular access to a parcel of land not maintained by the Virginia
Department of Highways and Transportation or any other public agency,
regardless of ownership.
Street (restricted). (Repealed.)
Subdivision. The division, including resubdivision and the establish-
ment of any condominium regime, of or in a parcel of land resulting in two
or more lots, parcels or units for the purpose of transfer of ownership or
building development, such that:
(a) Any one of such lots, parcels or units is less than five acres in
area; or
(b) Any one of such lots, parcels or units fronts less than one
hundred twenty feet on a road which is part of the State Highway System or
LState
Secondary Highway System.
Notwithstanding the foregoing, the following shall not be deemed a
subdivision:
(a) The sale and/or exchange of land between adjoining landowners,
provided that:
(1) The land so sold and/or exchanged shall be added to and
become part of an existing adjacent parcel as evidenced by the plat or
division and/or -the instrument of conveyance thereof; and
(2) No parcel which was five acres or greater in area prior to
such sale and/or exchange shall, as a result of such sale and/or exchange,
be less than five acres in area; and
(3) No parcel shall, as a result of such sale and/or exchange,
front less than one hundred twenty feet on a road which is part of the
State Highway System or State Secondary highway System; ands
(4) No additional lot or parcel shall be created by such sale
and/or exchange.
OR
(b) The division of any parcel occasioned by an exercise of eminent
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I domain by any public agency.
Article III. Design Standards. Division 4. Lots.
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Section 18-30. Location.
Every subdivision lot shall front on an existing public street, or a
street dedicated by the subdivision plat and maintained or designed and
built to be maintained by the Virginia Department of Highways and
Transportation, except that private roads shall be permitted in accordance
with the provisions. of this chapter. The frontage on such street shall not
be less than eighty percent of the lot width required at the building
setback line. This regulation may be reduced for frontage on cul-de-sacs.
When a new subdivision abuts one side of an existing or platted street, the
subdivider shall dedicate at least half the right-of-way necessary to make
such street comply with the minimum width fixed for the same by this
chapter.
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March 29, 1978 (Special -Called Meeting)
Article III. Design Standards. Division 6. Streets.
Section 18-36. Private roads.
(a) Any subdivision any lot of which is served by a private road
shall be subject to approval by the commission in accordance with this
chapter. Any further subdivision of land involving additional use of
such road shall be deemed a subdivision subject to the provisions of
this chapter.,
(b) The commission may approve any subdivision served by one or more
private roads in any case in which:
(1) The commission shall determine that any such private road
will be adequate to carry the traffic volume which may be reasonably
expected to be generated by such subdivision; and
(2) The comprehensive plan does not provide for a public road in
the approximate location of such proposed private road; and
(3) The fee of such road is to be owned by the owners of lots
abutting the right-of-way thereof or by an association composed of the
owners of all lots in the subdivision, subject in either case to an
easement for the benefit of all lots served by such road.
(c) All private roads approved pursuant to this section shall be
constructed in accordance with the following:
(1) The width of the travelway, surface treatment, and the base
of any such road shall be determined in accordance with -Table I.
TABLE I
Number of
Width of
Lots Served
Travelway De th of Base
Surface Treatment
Measured at inter- Compacted
Except as otherwise
section nearest
crushed stone)
expressly provided)
public street)
1-5
(Subject to (Subject to
Not required
County Engineer) County Engineer)
6-10
14 feet 4 inches
Not required
11-20
16 feet 5 inches
Not required
21-35
18 feet 6 inches
Prime and double seal
or equivalent
36 or more
(In accordance with the standards
Prime and double seal
of the -Virginia Department of
or equivalent
Highways and Transportation for
width of travelway, surface
.treatment and depth of base.)
(2) Any such road serving more than five, :but not more than
thirty-five lots shall have a right-of-way width of not less than thirty
feet and a maximum grade of not more than fifteen percent; provided,
however, that the maximum grade of such road may be increased to not more
than eighteen percent for a distance of not more than three hundred feet
where, in the opinion of the county engineer, such increase will not cause
an unreasonable increase in foreseeable maintenance costs; but provided
further that any portion of any such road in excess of fifteen percent
shall be provided with surface treatment to the reasonable satisfaction of
the county engineer. The maximum grade and minimum right -.of -way width of
private roads serving fewer .than six lots shall be subject to the approval
of the county engineer.
(3) In the case of any such road serving not more than thirty-
five lots, there shall be no minimum requirements for. the design of such
roads regarding surface treatment, horizontal alignment, or other matters;
provided that the county engineer shall review the plans for any such road
and report to the commission whether, in his opinion, the design of such
road will satisfy the provisions of sections 18-36(b)(2) and 18-37(n) of
this chapter; and provided further that specifications for crowning,
ditching, and other provisions for drainage shall be subject to approval of
the county engineer.
(4) Any road serving more than thirty-five lots shall be
constructed in accordance with the applicable secondary road standards of
the Virginia Department of Highways and Transportation, including, but not
limited to, horizontal alignment, minimum right-of-way width and maximum
grade.
(5) The developer shall submit to the county engineer a map of
the proposed subdivision having contour intervals of not greater than
twenty feet showing the horizontal alignment of.such road with notes
showing the average and maximum grade of each portion of such road. The
county engineer may require the submission of other data in such detail as
may be reasonably necessary to insure compliance with this chapter.
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March 29, 1978 (SpecialeEai2ed Meeting)
(6) Upon approval of such road, the same shall be bonded in
accordance with provisions of section 16-19 of this chapter and shall be
constructed in accordance with the plans as approved. Such road shall be
deemed completed upon the filing with the director of planning of a statement,
certified by a licensed professional engineer, or a certified land surveyor,
licensed under section 54-17.1(b) of .the Code of Virginia, 1950, as amended,
that such road has been completed in accordance with the plans approved
therefor.
(d) Every such road shall be maintained in accordance with the
provisions of section 18-7 of this chapter. Any lot fronting or. any such
road shall enter only onto such road and shall have no immediate access to
any public street.
Section 18-37. General standards of design.
(m) Access roads. No subdivision shall be approved unless the
principal means of access thereto shall conform to the standards of the
Virginia Department of Highways and Transportation, or, in the case of a
private road, to the standards of the county as set forth in section
18-36(c) of this chapter, throughout its length, including any distance
between the boundary of the proposed subdivision -and an existing public
road.
(n) Private roads. The commission shall review, or cause to be
reviewed, the design standards of any proposed private road to insure that
such road will be adequate to serve the subdivision of which it is a part.
Section 18-40. Same --Restricted streets. (Repealed, in its entirety.)
Agenda Item No. 9. Public Hearing on an ordinance relating to water cross-connec
for backflow prevention and providing for a penalty for violation. (Advertised in the
Daily Progress on March 15 and March 22, 1978.)
Present were Mr. E. E. Thompson, Jr. Executive Director, and Mr. Royce Graham,
Engineer, Albemarle County Service Authority. The public hearing was opened. With no
one present to speak for or against the ordinance, the Dublie hearing was closed.
Motion to amend and reenact the Albemarle County Code by the addition of the following
ordinance was offered by Dr. Iachetta, seconded by Mr. Roudabush, and carried by the
following recorded vote:
AYES: Messrs. Dorrier, Fisher, Henley, Iachetta, Lindstrom and Roudabush.
NAYS: None.
AN ORDINANCE RELATING TO WATER CROSS -CONNECTIONS AND BACEFLOW
PREVENTION AND PROVIDING FOR A PENALTY FOR VIOLATION
BE IT ORDAINED by the Board of Supervisors of Albemarle County,
Virginia, as follows:
That.the Board of Supervisors of Albemarle County hereby adopts
an ordinance relating to water cross -connections and backflow prevention
for the following purposes:
1. To protect the potable water supply system of the Albemarle
County Service Authority from the possibility of contamination or
pollution by isolating within its customers' internal distribution
systems such contaminates or pollution which could backflow into the
public water supply system; and
2. To eliminiate or control the existing cross -connections, actual
or potential, at each water outlet from the consumer's service line;
and
3. To provide for the maintenance of a continuing program of cross -
connection control which will systematically and effectively prevent
contamination or pollution of the Albemarle County Service Authority's
potable water system.
CHAPTER Rules and Regulations of the Albemarle County Service
Authority and Virginia State Department of Health Adopted
Section 1 Rules Adopted
There is hereby adopted by reference in Albemarle County the Rules and
Regulations of the Albemarle County Service Authority Relating to Water
Cross -Connection and Backflow Prevention, adopted by the Albemarle County
Service Authority on December 8, 1977, and Section 6.00 of the Virginia
Waterworks Regulations, entitled "Cross -Connection and Backflow Prevention
Control in Waterworks", adopted by the Virginia State Board of Health on
May 73 1974, as currently in effect and as amended in the future. All the
provisions of these Regulations are adopted and shall control all matters