1967-10-19 A regular meeting of the Board of County Supervisors of Albemarle
CoUnty~ Virginia~ was held at the Office Building of said County on the
19th day of 0ctober~ 1967.
Present: Messrs. Edgar N. Garnett~ Garrett W. Kirksey~ George Co
Palmer~ II~ F. E. Paulett~ Robert Thraves and R. A. Yanceyo
Absent: None.
Officers present: County_Executive°
The m meting opened with the Lord's Prayer led by Mr. Garnett.
On motion of Mr. Palmer~ seconded by Mr. Paulett~ minutes of the
meetings of September 21 and October ~ 1967~ were approved as submitted.
Mr. William A. Townes presanted the following plats:
(1) Division of Ashby Maupin property off Route 609~ prepared by Ro 0.
Snow and approved by the County Planning Commission~ subject to
temporary culmde-sac. (Signatures to be withheld pending temporary
cul-de-sac.)
(2) Division of Simuel L° Sandridge property on Route 689~ prepared by
Warren~ F. Wade and approved by the County Planning Commission.
(3) Plat of well lot~ Woodbrook Subdivision~ prepared hy William S.
Roudabush and approved by the County and City Planning Commissions.
(~) Transfer of property on Route 726 from F. E. Paulett to Albemarle
County Service~Authority~ prepared by-William S. Roudabush mud ap-
proved by the County Planning Commission.
Division of Harold M. Jones property on Three Chopt Road near Keswick
prepared by William S. Roudabush and approved by the County Planning
Commission.
(6) Two pleats on the division of C. H. Pirkey property on Route 631 (old
Lynchburg Road)~ prepared by Frank A. Gregg and approved by the County
and City Planning Commissions.
(7) Instrument of vaca~i~$~ ~acating portion of previous plats of C. H.
~irkey property on Route 631.
On motion of M~. Kirksey~ seconded by Mr. P&ulett~ the foregoing plats
were approved and the Chairman and Clerk were authorized to sign same on
behalf of this Board.
The following resolution was offered by Mr. Eirksey~ seconded by Mr.
Yancey~ ~ud unanimously adopted:
WHEREAS~ certain changes have resulted in the Secondary
System due to relocation and construction on Route 614~ and
WHEREAS, public hearing was held on July 20~ 1967 in
accordance with notice forwarded to each property owner
effected, and the matter was carried over at that time~ and
WHEREAS~ there appears to be no opposition from the
public with regard to such proposed changes$
NOW~ THE~FORE~ BE IT RESOLVED by the Bce rd of County
Supervisors of Albemarle County~ Virginia~ that the follow-
ing sections~ as indicated on sketch presented to this
meeting and made a part of the Board's permanent filer be
abandoned pursuant to Section 3~-76.12 of the Code of
Virginia:
Section 1 - length 0.12 mile
Section 2 - Length 0.12 mile
Section ~ - Length 0.09 mile
Section ~ - length 0.08 mile
Section 5 - length 0.07 mile
BE IT FURTHER RESOLVED that the following sections be
added to the Secondary System:
Section 6 - length 0.12 mile
Section 7 - length 0.16 mile
Section 8 - length 0.11- mile
Section 9 - length O~l~mile~.
Section 10 - length 0.001 mile.
The following resolution was offered by Mr. Palmer, seconded by
Mr. Paulett~ and unanimously adopted:
~TEREAS~ certain changes have resulted in the Secondary
System due to relocation and construction on Routes 676 and
7~ and
WHEREAS public hearing was held on July 20~ 1967~ in ac-
cordance with notice forwarded to each property o~n~er effected
and action was deferred a~ that time~ and
W~EREAS~ there appears to be no opposition from the
public with regard to such proposed changes~
NOW~ THEREFORE~ BE IT RESOLVED by the Board of County
Supervisors of Albemarle County~ Virgi~a~ that the follow-
ing sections~ as indicated on sketch presented at this
meeting and made a pa~t of the Board's permanent file~ be
abandoned pursuant to Section ~-76.12 of the Code of Virginia:
Section 1 - length 0.10 mile
Section 3 - length 0.09 mile
Section 4 - length 0.2 5 mile'
Section ~ - length 0.09 mile-(subject to agreement
with W. ~. WYant.)'
Section 6 - length 0.11 mile
BE IT F~THER RESOLVED that the following section be dis-
continued and right-of-way retained by the Department of High-
~rays:
Section 2 - length 0.04 mile
BE IT ~JRTEER RESOLVE~D that the following sections be
added to the Secondary System:
Section 7 - length 0.09 mile
Section 8 - length 0.03 mile
Section 9 - length 0.07 mile
Section 10 - length 0.1 8 mile
Section 11 -.length 0.06 mile
Section 12 - length 0.12 m~le.
Communication was received from the Virginia Department of Highways
advising that in accordance with resolution of this Board dated July 20,
1967, the following changes in the Primary and Secondary Systems were con-
firmed by said Department on September 21, 1967:
SECTIONS DISCONTINUED AS PROVIDED UNDER SECTION 33-76.1 OF THE CODE OF
VIRGINIA, 19~0:
Section 1 - 01d location of Route 29, north of the new location,
from the new location at Station ~760+50 northeasterly
0.09 mile to the intersection of Route 712.
Section 3 - 01d location of Route 29, north of the new location,
from the intersection of'ROute 710 southeasterly 0.04
mile to the new location at Station 788+~0.
SECTION TRANSFERRED TO THE SECONDARY SYSTEM AS PROVIDED UNDER SECTION 33-27
OF THE CODE 0~'VIRGINIA, 19~0:
Section 2 - Old location of Route 29, north of the new location,
from the intersection of-Route 712 nertheasterly 0.47
mile to the intersection of Route 710.
Communication was received from Virginia Land Company requesting ac-
ceptance into the Secondary System of a portion of Carrsbrook Drive in West-
moreland Subdivision. Mr. R. G. Warner, Resident Engineer, advised that the
section in question was not up to State standards. Therefore, the County
Executive recommended that no action be taken on this request until final
approval is received from the Department of Highways.
Statements of Expenses of the Department of Finance, the Sheriff's
Office and the Office of the Commonwealth's Attorney were ~ubmitted for the
month of September, 1967. On motion of Mr. Palmer, seconded by Mr. Kirksey,
these statements were unanimously approved.
Statement of expenses incurred in the maintenance of the County Jail
was submitted along with summary statement of prisoner days. On motion of
Mr. Kirksey, seconded by Mr. Paulett, these statements were unanimously
approved.
R~port on inspection of the County Jail was received from the Depart-
merit of Welfare and Institutions.
Reports of the Department of Public Welfare were submitted for the
month of September, 1967, in accordance with Sections 63-67.1 and 63-67.2
of the Code of Virginia
_S.L.H. report, as prepared by Dr. S. D. Sturkie, was submitted for the
month of September, 1967.
Claim of the University of Virginia Hospital in the amount of $339.1
was submitted for the month of September, 1967, for hospitalization of indi-
gent patients. On motion of Mr. Kirksey, seconded by Mr. Yancey, this claim
was approved for payment.
Report of the County Executive was presented for the month of Septem-
ber, 1967, and was ordered filed.
Communication was presented from Ray B. Jones, Asst. Director of
Finance, requesting consideration of the following matters:
(1)
Accumulated vacation pay for employees under Crozet Sanitary District
operation:
Two present employees, Lloyd Fox with 48 days and Nervin Shiflett with
12 days, could not take their vacation while employed under Crozet
Sanitary District, prior to the establishment of the Albemarle County
Service Authority. There were many emergencies and a lack of personnel
during the last years of operation. If these employees are to be
compensated it will be necessary to appropriate the necessary amount
from the surplus of the Crozet Sanitary District Fund.
(2)
Mr. Powell,. oaret~ker of the Charlottesville Dump, was hired for
$100.00 per month or the maximum amount that could be earned under
Social Security without penalty. Recently, there has been a change
in the Social Security law which allows, him to earn up to $125.00
per month.- Mr. Powell has done a very commendable job for the County
and in my opinion deserves the raise. In the'future he will have the
added transportation cost to the new location of the dump. It is my
understanding that Mr. Powell ~as promised the maximum amount under
Social Security at the time he was hired by the County of Albemarle.
On motion of Mr. PaWner, seconded by Mr. Yancey, and unanimously carried,
it was ordered that Lloyd Fox be paid for 48 days vacation and Mervin Shiflett
be paid for 12 days vacation, said salary to be paid from surplus funds of
the Crozet Sanitary District.
On motion of Mr. Yancey, seconded by Mr. Paulett, and unanimously
carried, it was ordered that the salary of W. A. Powell, dump caretaker, be
increased to $125.00 per month,, effective September 1, 1967.
Communication was presented from the District Home advising that all
participating, governing bodies has approved the enlargement of the nursing
home Unit and that plans are about ready to request bids on the project.
They also requested that each respective Board or Council now pay 20% of
the estimated amount so architects and other costs could be paid. Albemarle
County's proportionate share of the cost was estimated at $38,109.70, 20%
being $7,621.94. On motion of Nr. Palmer, seconded by ~r. Kirksey, rules
with regard to second reading were suspended and the following resolution
unanimously adopted:
BE IT EESOLVED by the Board of County Supervisors of Albe,
marle County, Virginia, that $7,621.94 be an~ the same is hereby
appropriated to cover this County's share of the first 20% due
on enlargements to the District Home.
The County Executive advised that duplicate&payment of an invoice from
Richmond Times-Dispatch had been certified to his office· by the Department
of Education and paid. On motion of Nr. Paulett, seconded by Nr. Kirksey,
it was ordered that check issued for the duplicate~, payment be cancelled as
follows':
Date
9-21-67
Ck. No. P_~able To: Amount
5908 Richmond Times-Dispatch $ 8.64
S.P.C.A. Report was submitted for the month of September, 19~7, and on
motion of Nr. Kirksey, seconded by Nr. Yancey, was approved·
At 10:00 A.E. the Chairman called for public hearing on revised Sub-
division Ordinance..' Nr. Floyd Johnson, chairman of the Planning Commission,
submitted ordinance as finally revised by the Commission. Communication was
received from Nr. Walter ~. Cushman, copy of which was previously mailed to
each member of the Board. Nr. Richard NUnnally and Er. William Boudabush
asked several question v~th regard to the proposed ordinance, after which cer-
tain minor changes were made to the ordinance as submitted. The ordinance,
as follows, was then submitted for adoption by Er.'Kirksey, seconded by Er.
PaLmer, and adopted by the following recorded vote:
AYES: Eessrs. GarnStt, Kirksey, Palmer, Paulett, Thraves and.Yancey.
NAVES: None.
AN ORDINANCE GOVERNING .SUBDIVISION OF LAND WITHIN AIJ~NARLE COUh~l~/, VIRGINIA,
AS ~.NDED AND REENACTED OCTOBER 1 1 6 .
SECTION 1. DEFINITIONS
A. Subdivisions.
(1) For property located in Albemarle County; but within three
(3) miles of Corporate'iLimits of the City of Charlottesville:
The division of a lot, tract or parcel of land into two or more
lots, plots, sites or other division of land for the purpose, whether immediate
or future,~ of sale and/or building development.
Division of land into lots of five (5) acres or more, not in-
volving the establishing of new streets or access easement, shall be exempt
from these regulations.
(2) For property lying in Albemarle County but three (3) miles
or more from the Corporate Limits of the City of Charlottesville:
The division of a lot, tract or parcel of land into two or more
lots, plots, sites or other division of land for the purpose, whether
immediate or future, of sale and/or building development.
The division of land under any one of the following conditions
shall be exempt from the regulations:
(a) Division of land into lots of three (3) acres or more,
not involving the establishment of a new street or access easement~:
(b) Division of land for agricultural purposes only.
B. Lot.
(1) General.
A parcel of land occupied or intended for occupancy or
intended for transfer of ownership .....
(2) Corner.
A lot abutting two or more streets at their intersection,
the shortest side fronting on a street shall be considered the lot front, and
longest side fronting on a street shall be considered the side.
(3) Depth.
The maan horizontal distance between the front ~ud rear lot
line s.
($) Width.
(5)
The mean horizontal distance between the side lot lines.
Double Fronta~ge_.
(6)
Au interior lot having street frontage on two opposing sides.
Luterior.
Other than a corner lot.
(7) Of_ Recgrd.
A lot recorded in the Clerk's Office of the appropriate court.
C. Plat.
A map or drawing upon which the plan of a division of land is pre-
sented for approval and, in final form, for recording.
D. Street.
(1) Publiq.
A trave!way, road or thoroughfare which afford~s princioal
means of access to abutting property, and encompassed by a right'of-way ~edi-
cared to public use and maintained by the State as a part of the State
Primary or Secondary Road System.
(2) Private.
A travelway, road or thoroughfare which affor&s principal
means of access to abutting property, and encompassed by right-of-way dedi-
cated to public use and maintained by a private corporation or adjacent
landowners within the platted subdivision.
(3) Restricted.
A travetway, road or thoroughfare which affords principal
means of access to abutting property and encompassed by a right-of-way not
dedicated to public use, maintained bya private corporation or adjacent
landowners within the platted subdivision and subject to complete restric,
rive control by said private corporation or adjacent landovmers. -(See
Section 3, Para, apb A, (6).
(4) Service.
A private travelway, road or thoroughfare encompassed by
a right-of-way dedicated to public use and maintained by a private cor-
poration or adjacent landowners, generally paralleling and contiguous to a
public or private street, being designed primarily to promote safety but
providing free access to adjoining property and limited access tothe public
or private street.
E. Alley.
A travelway which affords access to the rear of commercial or
industrial properties.
F. Easement.
pttupo se.
A grant by the property owner for the use of land for a specified
G. Oul-de-.sa.c.
A local street, an end of which is permsmently closed, having a
safe and convenient reverse traffic movement.
H. Subdivider.
A person who has applied for approval of, or has duly recorded a
plat for the subdivision of a plat of land.
I. Subdivi sion.
Land subdiVided as defined herein including a re-subdivision.
J. Planning Commissi. o.n.
The Planning Commission of Albemarle County, Virginia.
K. Bud!dinE Line.
A distance which a building is to be located from the front lot
line and/or the street centerline.
L. En~ineer~.
An engineer licensed by the CoF~nonwealth of Virginia.
M. StMeet 'Width.
The total width of the strip of land (right-of-way) dedicated or
reserved for public travel including roadway, curbs, gutters, sidewalks, and
planting strip.
N. Governin~ Body.
The Albemarle County Board of Supervisors.
0. Townhou se.
See Section 1~ (RESIDENTIAL TOWNHOUSE CLUSTW~q, SIX UNITS PER ACRE)
for additional definition."and requirement s.
P. Imorovement.
Streets, sidewalk~, curbs, gutters, watermains, drainage
facilities, s~wers, landscaping and all other such betterment as may be re-
quired under the provisions of this ordinance.
................. 20i
Section 2. GE~ERAL PROVISIONS.
A. It shall be unlawful, for any ovmer or proprietor of any tract
of land located within the County of Albemarle to make a subdivision thereof
as hereinabove defined, without making a plat, securing approyal thereof as
herein provided and-recording same in the proper office of the Clerk of the
Court wherein deeds are recorded, as provided in these regulations and the
Virginia Land Subdivision Law.
B. Before preparing a preliminary plan, a subdivider should con-
fer with the City Engineer or the staff of the .City of .Charlottesville and,/
or the staff of the Albemarle County Planning Commission relative to the
regulations contained in this ordinance ~and the content of the comprehensive
county or city plan.
C. Whenever regulations contained in this ordinance are different
from regulations contained in other ordinances, the most restrictive regu-
lations shall prevail.
D. Whenever a subdivision is proposed containing tw~enty-five (25)
or more lots, the subdivider shall provide either:
(1) Documented oroof that the soils and parent materials are
such that waste disposal method for the entire tract is satisfactory and
that no well pollution can occur from the proposed lot layout; or
(2) Indicate his plans to provide a central water and sewer
syitem for the proposed development.
E. Ail subdivision plans shall show the proposals of the developer
for the provision of erosion and sediment control during the construction
period. Such proposals shall be reviewed by the area conservationist for
Albemarle County with his written comments made available for review by the
Planning Commission prior to plat approval.
F. A sub-standard subdivision (one which was recorded and/or
developed prior to the adoption of this~ordinance) may be resubdivided and
developed in whole or in part, as such, at the option of the. owner of all
the lots therein or at the option of the owner of any group of contiguous
lots therein as the case may be, but onlyunder the following conditions:
(1) The resuhiivision shall ~esuit in the improvement of the
general area of lot layout and street connections; and
(2) The re subdivi sion shall be in full conformity with the
provisions of this ordinance.
G. Whenever a proposal for a townhouse _development is.made under
the terms of this and related ordinances as amended, a site development plan
v~ll accompany the preliminary plat as submitted.
H. There is a mutual responsibility between Albemarle County and
the subdivider to divide the land so as to improve the general use pattern
of the land being divided. The land must be completely suitable for the
division being proposed. ~
I. All improvements required under the terms of this ordinance shall
be installed by the subdivider at his cost.
~TION 3. STANDABDS OF DESIGN.
A. Street AliMnment.
(1) Provision shall be made, wherever practicable, for the con-
tinuation of principal existing or platted streets into adjoining areas.
(2) Streets in predominately residential subdivisions shall be
designed to discourage through traffic but off-set or jog streets shall be
avoided.
]i(]3) The angle of intersection between streets shall be as
close to a right angle as possible.
(~) Streets of less than full right-of-v~ay required by this
ordinance shall not be permitted. However, where hale streets exist on
adjoining property, the remaining right-of-way requirement shall be platted.
2102'
(5) Wherever a subdivision adjoins a major street, the Plan-
ning Commission may require that access to private property be provided
from service streets.
(6) Restricted streets or continuation thereof shall only
be permitted in such instances as the Plmuning COmmission shall deem to be
appropriate and not in conflict with the best interests and/or development
of surrounding oroperties and the County of Albemarle. (See Section 3,
Para. J.,
B. Street~ _and Alley Width.
(1) The right-of-way width for Najor Streets shall conform
to the width designated on the Najor Street Plan.
(2) The right-of-way width for streets shall ber~ot less than
fifty (50) feet. Public, priv&te and service streets shall be designed and
constructed in accordance with the County Construction Specifications and
Standards.
(3) Cul-de-sacs-or dead.end streets shall provide a terminal
turn-around having a radius of not less than fifty (50) feet. Cul-de-sacs
should not exceed seven hundred (700) feet in length exclusive of the turn-
around.
(4) Streets that terminate temporarily, and thereby take on
the character of a dead.end street, shall be provided with a temporary
terminal turn-around having a r~dius of not less than fifty (~0~feet-t
(%) Alleys not less than twenty (20) feetin right-of-way shall
be provided in the rear of all commercial and industrial properties unless
other provisions are made for parking-and service. Alleys shall not be
permitted in residential subdivisions. No dead-end alleys shall be permitted.
(6) Reserve strips restricting access to streets or alleys will
be permitted..
C. Street. Grade.
Maximum street grades permitted shall be ten (10) percent. How-
ever, grades in excess of eight (8) percent[~should be avoided. Ditches on
grades of five (5) percent or more shall be paved and catch basins installed
where required.
D. Easement~ s.
Easements of not less than six (6) feet in width shall be pro-
vided on each side of all rear lot lines and along side lot lines where
necessary for utility installation and maintenance. Easements of greater
width may be required for drainage purposes, or for the location of main
utility lines.
E. Block~.
(1) No residential block shall be longer~than twelve hundred
(1200) feet.
(2) The greater dimensions of block adjoining a major street,
whenever practicable, be parallel to such major street.
F. Lot_ s.
(1) All lots shall abut on a street as hereinabove'defined
meeting the minimum requirements as herein set forth.
(2) All lots shall contain a satisfactory'building site.
(3) Side lines, of lots shall be perpendicular to straight
street lines and radial to curved street lines unless a variation of this
regulation will provide a better street or lot layout.
(4) Double frontage or reverse frontage lots should be
avoided except where essential to provide separation of residential develop-
ment from streets or to overcome disadvantages of topography.
2O3
(5) Residential lots shall provide, a minimum lot area of not
less than the requirement applying to the area being subdivided.
(6) The minimum lot area shall conform to the following re-
quirements:
(a) Category 1: residential lots, served by sanitary
sewer and public water supply, shall provide a minimum width of sixty-five
(65) feet measured at the building line except that corner lots shall
provide a width of not less than seventy,five (75) feet. Category 1 resi-
dential lots shall provide a minimum depth of one~ hundx~ed twenty-five (125)
feet and have a minimum area of eighty-two hull red (8200) square feet.
(b) Category 2: residential lots, served-by either
sanitary sewer or public water supply but not both, shall provide a minimum
width of. eighty (88) feet and a minimum area of twelve thousand five hundred
(12,500) square feet.
(c) CateEOry 3: residential lots, not served by a public
sanitary sewerage system and a public water supply, shall provide a minimum
width of one hundred (100) feet and a minimum area of twenty thousand (20,000)
square feet.
(d) In case of unusual soil conditions or other physical
factors which may impair..the health and safety of the neighborhood, upon
recommendation of the City-County Health 0ffice~, the County Planning Com-
mission may increase the lot area requirements specified under Sections 6 (b)
and 6 (c) above.
(e) Unless a sanitary sewerage system is available which
has been approved by the Joint Health Department, the subdivider shall present
to the County Planning Commission ~satisfactory proof that such percolation
tests as are required by the Joint Health Department have been made in accor-
dance with the standard procedure recommended by the Virginia State Health
Department, and that the minimum number of square feet of~ area which shall be
required for absorption of effluent from the septic tank system from each
individual lot shall be ~ased either on the result of a percolation test or
inspection of the soil condition by a sanitarian of the Joint Health Depart-
ment and in no instance shall lot areas be smaller than those outlined in
Section 3 - F, (6), (b) and (c)..
G. BuildinM Li~e~.
( 1 ) Residential..
Where the subdivided area is to be used for residential
purposes, the subdivider shall establish building lines in accordance with
the character of the development, but in no case shall the front building line
be less than thirty (30) feet from the right,of-way of the street or fifty-five
feet (55') from the centerline of the street; the greater of the two dis-
tances to be used. Side building lines shall not be less than ten (10) feet,
Restrictions requiring _buildings to be set back of such building lines shall
be shown on the plat.
(2) Commercial.
Where the subdivided area of any portion thereof is to be
used for commercial~pU~poses, ~ the Commission shall establish building lines
in accordance with the Character of the development. Commercial building
lines shall be shown on the plat with the statement restricting the use of
the subdivision or portion thereof to commercizl use.
H. Parks~ Schools~_ and Public Land.
In subdividing property, consideration should be given to suitable
sites for parks, schools, and other areas of public use as contained in the
Comprehensive County or City Plan. Such plan regulations for parks, schools,
or other public land should be indicated on the preliminary plat in order that
it may be determined if, when, and in what manner such areas will be dedi-
cated to, reserved for, or acquired by the appropriate governing body for that
use.
This regulation shall not be construed to preclude the dedication
of property for public use not included in the Comprehensive County or City
Plan, provided such property is acceptable to the Coun y or City for dedica-
tion and maintenance.
I. Flood .Plains and...D~.ainage Co.urses~,~
Whenever any stream or important surface drainage course is
located in the area being suhlivided~ provision shall be made for an
adequate easement along each side of the stream or drainage course for the
purpose of widening, _deepening, re-locating, improving, or protecting, the
stream for drainage Durposes. Such easements shall not be considered part
of a required street width. Flood plain limits shall be established
through current soil survey and engineering methods and furnished the
Commission by the developer. The right is reserved to disapprove any
subdivision which is subject to periodic flooding or which is inadequately
drained.
J. Street Classifi. cat. ion.
The classification of proposed streets shall be determined by
an estimate of the daily vehicular traffic volume as currently prescribed
by the Virginia Department of Highways and shall apply to streets which are
proposed by the subdivider, streets which are shown on the ~Albemarle County
or Charlottesville Hajor Street Plan, and streets which are proposed by
Albemarle County or Charlottesville in lieu of a Hajor Street Plan.
(1) Local Street.
A travel way within a subdivision, which may be re-
quired to serve as access to adjoining property or to connect with streets
in an adjoining subdivision; having an average daily .traffic count of 0-250
and constructed as a Class 1-b street in ~accordance With the County "Con-
struction Specifications and Stand~zrds" as the minimum allowable.
(a) Restricted streets - where permitted such streets
shall be located on a fifty (50) foot right-of-way. (See Section 7, Para'. C,
for construction agreement.)
(2) Feeder Street.
A travel way within a subdivision, which may be re-
quired to serve as access to adjoining property or to connect with streets
in an adjoining subdivision; having an average daily traffic count of 250-
400 and constructed as a Class II street in accordance With the County "Con-
struction Specifications and Standards" as the minimum allowable.
(3) ~ocal ThorouEhfar.e.
A travel way Within a subdivision, which may ~e re-
quired to serve as access to adjoining property or to connect with streets
in an adjoining s~division; having an average daily traffic count of 400-
2~00 and constructed as a Class III street in accordance with the County
"Construction Specifications and Standards" as the minimum allowable.
(4) .M_~jor Thoroughfare.
A travel way designed to provide for either primary or
secondary through traffic movement between primary high,rays, major seconda~r.y
roads, other major thorouMhfares, parkWays, arterial o~interstate ~h~rays,
having an average daily traffic count of 2500-5~00 and~ constructed as a
Class IV-a street in accordance with the County "Construction Specifications
and Standards" as the minimum allowable.
(5) .Arterial Road.
A ~ravel way designed as a major carrier of through
traffic; having an average daily traffic count of over ~500 and constructed
as a Class I¥-b street in accordance With the CoUnty "Construction Specifi-
cations and Standards" as the minimum allowable.
(6)
A major interstate carrier.
SECTION 4. NINI~ INPR0~TSP~QUIRED.
A. General_.
~t) Public, private, and service streets ~h~ll~be designed and
constructed for acceptance 'into the Secondary Highway System of the Virginia
Department of Highways.
205
(2) All construction within rights-of-way and easements to be
dedicated to public use shall conform to the t~en current "Construction
Specifications and Standards" of Albemarle County, not to exceed S~ate
Highway Secondary Road Standards.
(3) Where ~ubdivider desires to provide the additional benefit
and protection Of a bituminous concrete wearing surface on streets in lieu
of surface treatment as .required, the minimum wearing surface shall be one
and one-half (lw) inches and such bituminous concrete shall meet' the current
requirements of Virginia Department of Highways types S-4 and S-5.
(4) An adequate drainage system for natural and storm water
shall be provided for each subdivision by means of culverts ~der streets,
side, lead or outlet ditches, catch basins or curb inlets, or any other
devices necessary to provide adequate drainage for such water. All pipe
installed for drainage purposes in connection with the construction of
streets three miles or more from the City Limits of Charlottesville shall be
of a kind as approved by the Virginia Department of Highways. All pipe in-
stalled for drainage purposes under a proposed street within three (3) miles
of the City Limits of Charlottesville shall be reinforced concrete, except in
such case~when special conditions exist, permission may be granted by the
County Planning Commission for the use 6f other materials.
B. S'~ecif, io.Re.euirements for Areas.
(1) ~ublic, private or service streets in subdivisions'having
lots containing less than twelve thousand five hundred (12,~00) square feet
shall be g~aded to a minimum width of fifty (50) feet with no slopes greater
than four (4) to one (1) and paved in accordance with typical sections as
currently provided in the County "Construction Specifications and Standards"
for the various classifications of streets. Where curb and gutter and/or
sidewalks are used in lieu of roadside ditches, roadways shall~be constructed
to standard typical sections for curb and gutter streets, Where any street
grade exceeds five (5) per cent and on grades less than five (~) per cent where
soil conditions and the general topography make such necessary, as determined
by the C~mmission on recommendation of the County Engineer, paved roadside
ditches shall be installed aud extended to the nearest roadway culvert or
outfall ditch, in accordance with the County "Construction Specifications and
Standards".
(2) Public, private or service streets in subdivisions having
lots containing from twelve thousand five hundred (12,500) square feet to
five (5) acres shall be graded and paved in accordance With the typical
sections as currently provided in the County "Construction Specifications
and Standards" for the various classifications of streets as designated.
Where curb and gutter is used in lieu of roadside ditches, roadways shall be
constructed to standard typical sections~br curb and gutter streets. Where
any street grade exceed~ five (5) per cent and on grades ~less than five (5)
per cent where soil conditions and the general topograpny make such necessary,
as determined by the Commission on recommendation of the County Engineer,
paved roadside ditches shall be installed and extended to the nearest roadway
culvert or outfall ditch, in accordance with the County "Construction Speci-
fications and .Standards'.
· (3) Public, private or service streets in subdivisions having
lots containing five (5) acres or more shall be graded and paved in accordance
with the typical sections as currently provided in the County "Construction
Specifications and Standards" for the various classifications of streets as
designated, except that the minimum allowable wearing surface may be a Class
prmme and slngle oeal.
C. .Perm.anent Monuments.
Refer to County "Construction Specifications and Standards".
D. Su~fa,,ce Co ,urse.
In subdivisions where curbing is used in lieu of curb and
mixgUtter'shalla waarin~ course of one and one-half (1½) inches of asphaltic plant
be added in accordance with the current specifications of the
Virginia Department of Highways.
E. Concrete.
Sidewalks, curbs and gutters shall be composed of Class A-3 con-
crete, minimum f!our (4) inches depth and of widths as shown in the typical
sections of the County "Construction Specifications and Standards".
SECTION 5. PRE~ININARY PLAT.
A subdivider shall file four (4) prints of a preliminary plat
prepared by surveyors, civil engineers, county or city planners, land
planners, architects, or the owner of the land, with the office of the
Planning Commission or Commissions having jurisdiction, at least five (5)
days prior to the meeting at which the plat is to be considered. The
lat shall be drawn on one or more numbered sheets at a scale of one hundred
100) feet to the inch.
A. Preliminary Plat Shall show:
(1) The title under which the subdivision is to be recorded,
and the name and addresses of the recorded owner and subdivider~ and
holders of any easements affecting the property.
(2) A vicinity sketch shovAng the relation of the proposed
subdivision to adjoining property and the city.
(3) A field topographic map with a contour interval of five
(5) feet and referred to coast and geodetic survey datum, for land outside
the three (3) mile limit, showing the boundary lines of the tract to be
subdivided, and flood plain limits delineated where-applicable.
(4) The location, v~dth and names of all existing or platted
streets within or adjacent to the subdivision, easements, railroad rights-of-
way and land lot lines. Total acreage in each use both proposed and existing
to be recorded, including utilities and water courses.
(5) Loc~tion and ~mensions of proposed streets, alleys, lots,
building lines and easements, including a boundary suv~vey 9r existing survey
of record accurate to one (1) in twenty-five hUndred (2500).
(6) Grades of all proposed streets including existing and
proposed ground surface with centerline intersection equalities.
(7) All parcels of land intended to be dedicated or reserved
for public use or to be reserved in the deed for the common use of property
owners in the su~hdivision.
(8) Areas shown in the comprehensive county or city plan as
proposed sites for schools, parks or other public ~uses which are located
wholly o~/~n part within the land being subdivided.
~) Preliminary sketch plans indicating the proposed method
of accompiishing drainage, water supply and sewerage disposal and other
improvement s.
(lO)
Preliminary cross sections based on proposed street
grades.
(11 ) Proposed use of the property being subdivided.
(12) Date, north point and scale.
(13) Sedimentation and erosion control measures proposed on
advice by the soil scientist, conservationist, Of the Virgida Soil and Water
Conservation District of which the county is a member.
SECTION 6. FINAL PLATS.
A subdivider shall file the original linen tracing and four (4)
prints thereof of the final plat prepared by a surveyor or civil engineer
licensed by the State and supporting data listed herein, with the office of the
Planning Commission or Commissions having jurisdiction at least seven (7)
days prior to the meeting at which the plat is to be considered, The plat
shall be drawn to a scale of one hUndred (100) feet to the-inch, excepting
a plat of up to four (4) lots which may be drawn to a scale of twenty (20~.
feet to the inch. The sheet size shall be border-to-border size of eleven
(11) inches by eighteen (18) inches with a one (1) inch margin on all sides.
The top of the sheet will be approximate north. No variance of sheet size
will be accepted. This shall be accompanied by a certification from the
High,ray Department stating that highway specifications as to street layout,
grades and drainage have been met.
207
A. F'_~n l~~ha~!l show:
(1) The title under which the subdivision is to be recorded and
the name or number of the section if a part of a larger tract.
(2) A statement that the subdivision of the land described herein
is v~th the free consent of the undersigned owners, proprietors and trustees.
(3) The boundary lines of the area being subdivided with
bearings shown in degrees, minutes, and seconds to the nearest ten-seconds,'
and dimensions to be shown in feet to the nearest hundreds of the foot to the
accuracy of one (1) ih ten thousand (10,000) relative to the true meridian.
The boundaries shall be determined by an accurate field survey. Total acres
in each use plus flood plain delineation shall be shown.
(4) Streets shall be named but shall not dUplicate existing or
platted street names unless the new street is a continuation of existing or
platted streets. All dimensions, both linear and angular, for locating lots,
streets, alleys, public easements and private easements. The linear dimension
shall be expressed in feet to the hundreths of a foot, and all angular
meazurements shall be expressed by bearings or angles expressed to the nearest
ten seconds. All curves shall be defined by their radius, central angle,
tangent, distances, tangent bearing and arc lengths. Such curve data shall
be expressed by a curve table lettered on the face of the plat, each curve
being tabulated and numbered to correspond with the respective numbered curves
shown throughout lthe plat.
(5) Lots numbered in numerical order, and block identification.
(6) Location of all minimum building setback lines.
(7) Location and material of all permanent reference monuments.
(8) All parcels of land 'intended to be dedicated or reserved for
public use, or for the common use of property owners within the subdivision.
(9) A definite bearing anddistance tie shown between not !ess~
than two (2) permanent monuments on the exterior boundary of the subdivision,
and further tied to existing street intersections where possible and
reasonably convenient.
(10) Date and north point.
(11) Private restrictions and their period of existence. Should
these restrictions be of such length as to make their lettering .on the plat
impracticable and thus necessitate the preparation of a separate instrument,
reference shall be made thereto on the plat.
(12) Signature panels shall be provided as follows:
(a) For land lying in Albemarle County, but within three
(~) miles of the Corporate Limits of the. City of Charlottesville, for the
Chairman and Secretary of the Albemarle County Planning Commission; the
Chairman and Clerk of the Albemarle County Board of Supervisors; and for the
Chairman and Secretary of the Charlottesville PlanninE Commission.
(b) For land lying in Albemarle County but more than three
(3) miles from the Corporate Limits of the City of Charlottesville, for the
Chairman and Secretary of the Albemarle County Planning Co~mission; and the
Chairman and Clerk of the Albemarle County Board of Supervisors.
(13) Temporary turn-arounds where needed. When one or more
temporary turn-arouuds are shown, the following~§~ll ~ be included on the
plat:
The area on this plat designated as "Temporary Turn-Around"
will be constructed and used as other streets in the subdivision until
(insert street name) is/are extended to (insert street name)* at which time
the land 'in the temporary turn-around area vrlll be abandoned for street pur-
poses and will rSvert to adjoining lot owners in accordance with specific
provisions in their respective deeds.
*If ~impossible, insert following note: A connecting street or to
another turn-around which is approved by plat by the Plarnaing Commission.
B. Suo~ortin~ Data Shall InOlude:
(1) Plans for drainage, streets, including cross sections
and profiles, water supply and sewage disposal, including drainage
courses, existing sewers, watermains, culverts and other underground
structures within the tract showing pipe sizes, invert elevations and
grades; and computations as required by_this Commission.
(2) Erosion and sedimentation control measures tobe in
accord with current area regulations and guidelines prescribed by the
area conservationist.
SECTION 7. AP~0VAL ALrD RECOItDATION OF PLATS.
A. Preliminary Pla__t.,
The Charlottesville Planning Commission and the Albemarle
County Planning Commission shall indicate the approval or disapproval of
all subdivisions within their jurisdiction, received for consideration
within thirty (30) days from the date of the first meeting following the
filing of the preliminary plat. Approval of a preliminary plat does not
constitute an approval of the final plat and shall be valid for a period
of one year, but may be exSended by the Planning Commission having juris-
diction.
B. Final Plat.
The Charlottesville Planning Commission and the Charlottes-
ville City Engineer, and/or the Albemarle County Planning Commission and
the Board of Supervisors in addition, shall indicate approval or dis-
approval of all subdivi sion~ received for consideration within thirty (30)
days from the date of the first meeting following the filing of the final
plat. Where concurrent jurisdiction is held by the County of Albemarle
and the City of Charlottesville, the approval of the County Planning
Commission shall be secured first. Approval of the final plat shall be
void unless the approved plat is recorded within a period of si~ (6)
months.
Approved final plats for land lying in Albemarle County shall
be filed in the office of the Clerk of the Circuit Court.
No such plat of subdivision shall be recordediby the Clerk
of the Court having jurisdiction unless and until it shall have been
submitted to ar~ approved by the Planning Commission of the City of
Charlottesville, the Albemarle County Planning Commission, and the Albe-
marle CoUnty Board of Supervisors for land lying within the three (3)
mile limit of the Corporate Limits of the City of Charlottesville; by
the Albemarle County Planning Commission and the Albemarle County Board
of Supervisors for land lying three (3) miles or more from the Corporate
Limits of the City of Charlottesville, all as required by the "Virginia
Land Subdivision Law".
C. ~ethod. s. qf Bondin2 for .Im..provement. s.
After approval of the final plat by the Albemarle County
Planning Commission and prior to filing for approval of the final plat
with the Albemarle County Board of Supervisors for land lying within
Albemarle County, provision for the installation of minimum improvements
to be installed in accordance with the provisions of this ordinanc~ shall
be made by one of the following methods:
(1) The furnishing by the subdivider to the County Executive
or his appointed agent of a certified check or surety bond approved by
the legal representative of the County sufficient to cover the cost of
all the improvements, as herein defined, required to be installed by the
subdivider as estimated by the County Executive or his appointed agent
to guarantee the installation and completion of said improvments; or
(2) The furnishing by the subdivider to the County Executive
or his appginted agent of evidence of the existence of agreem~nt (or
agreements) between the subdivider and a qualified contractor (or con-
tractors) for the installation and completion of the said improvements and
the contractor (or contractors) performance bond satisfactory to the legal
representative of the County in an amount to cover the cost of all the im-
provements required to be installed by the subdivider as estimated by the
~ounty Executive or his appointed agent, including anticipated completion
dates.
2'09
The sulxtivider shall set a time, subject to the approval
of the County Executive or his appointed agent, by which it is estimated
the improvements shall be installed and completed. Unless an extension
of that time is approved by the County W. xecutive or his appointed agent
and a new estimated date of completion established, the County Executive
or his appointed agent shall take the necessary steps to proceed with the
acc~$~l~s~.~ent amd completion of the improvements, making use of the
certified- check or calling on the surety of the bond. No building permits
shall be issued until final approval of the plat and all inspections have
been paid.
(3) Restricted Streets: ~here restricted streets are per-
mitted in subdivisions containing more than four lots, the developer shall
provide an escrow fund or a bond .with surety, sati~sfactory to the Board of
Supervisors, in an amount sufficient for and conditioned upon the construc-
tion of such facilities to be held until petition by majority of property
owners of the corporatiOn is made requesting the acceptance of such streets
into the Virginia Department of-Highways Secondary Road System ~6~r~:main-
tenance.
D. Certifications Upo~ C2mpte~.~on of Improveme__~ta.
Upon completion of the installation of all improvements in a
subdivision of land in Albemarle County, the subdivider shall furnish a
statement by a certified surveyor or engineer, to the effect that all
construction is in substantial conformity to the regulations amd require-
ments of the v~thin ordinance, and the plans as approved by the Albemarle
County Planning Commission. In the event the subdivider has, in the
opinion of the Planning CoFmission, just cause for not completing the
improvements in the entire subdivision where either a certified check or
surety .bond or performance bond has been posted, said ~lanning CommiSsion
may release the suhiivider from his obligation to complete all of the
improvements in the said subdivision provided the subdivider furnished a
statement by a certified surveyor or engineer to the effect that all con-
struction which has been completed conforms to the regulations and require-
ments of this ordinance and the plans as approved by said ~lanning Com-~
mission and provided further that the subdivider has furnished satisfactory
evidence that the undeveloped portion of the said subdivision has been
vacated by proper authority.
~EgTION 8. APPEAL.
In the event a subdivision plat i s disapproved, a subdivider
may appeal such decision to the gourt having~- j. uris~iction as provided by
the State Statutes.
SECTION 9. VARIATIONS _AND EXCi]PTI.ONS.
.~henever, because of unusual size, topography or shape of the
property, or other unusual conditions, the strict application of these
regulations would result in practical difficulties, the requirements may
be varied by the Planning Commission having jurisliction to permit sub-
division, yet .protect the public welfare, under the terms set forth in the
Code of Virginia Subdivision Act, 1966, as amended.
SECTION 10. ENFORCElfENT.
&. Any owner or proprietor of any tract of land who subdivides
that tract of land and who violates any of the provisions of this ordinance
shall be guilty of a/'misdemeanor, punishable by a fine of not less than
ten (10) dollars amd not more than two hundred fifty (250) dollars, and
each day during which violations shall continue shall:-oonstitute a
separate violation.
B. The City Council o~ County Board of Supervisors in addition to
other remedies, may institute any appropriate action or proceedings to
prevent violation or attempted violation, to restrain, correct or abate
such violation, or to prevent any act which would constitute such a
violation.
SECTION 1 I . CMANGES AND AME~TS.
Any regulation or provision of this ordinance may be changed
or amended from time to time as specified in the Virginia Land Subdivision
Act.
.....
SECTION 12 . VALIDITY.
If any section, subSection, clause or phrase of this ordi-
nance is for any reason held to be unconstitutional or void, such
decision shall not effect the validity of the remaining portions of this
ordinance.
SECTION 13. ~EFFECTIVE.
The foregoing regulations shall be effective November 18,
1967 for land lying in Albemarle County but within three (3) miles of the
Corporate Limits of the City of Charlottesville upon passage by the
Board of Supervisors of the County of Albemarle and the City Council of
said City, or in the absence of such adoption by said City Council, as
provided in the Virginia Land Subdivision Act; further said regulations
shall be effective for land 1Ning in Albemarle County but v~thin two (2)
miles of the Town of Scottsville upon passage by the Board of Supervisors
of the County of Albemarle and the Town Councillof said Town, or in the
absence of such adoption by said Town Council, as provided by the Virginia
Land Subdivision Act.
The Chairman advised that a table had been set up in the hall and
a secretary was available to accept suggestions and comments from the pub-
lic on the proposed Building Code. Communication in support of the Code
was received from Nr. R. E. Lee and petition opposing the Code as written
was submitted by ~r. Don Reid. Several citizens also expressed opposition
to the Code as submitted. After considerable discussion, motion was offered
by Nr. Kirksey, seconded by Er. Yancey, and unanimously carried, deferring
action on this matter until the next regular meeting.
Nr. Floyd Johnson, Chairman of the Planning Commission, advised the
Board that base map has been completed and considerable:~information assembled
in preparation of a zoning ordinance and land use plan and he expected to
have an ordinance developed within the next several weeks to submit to the
Board.
On motion of Nr. Kirksey, seconded by Nr. Palmer, rules with regard
to second reading were suspended and the following resolution unanimously
adopted:
BE IT RESOLVED by the Board of County Supervisors of
Albemarle County, Virginia, that $2,575.00 be and the
same is hereby appropriated for current expenses in connection
with School Construction.
Claim against the Dog Tax Fund was received from Er. S. C. Ellis for
one lamb killed by dogs. On motion of Er. Palmer, seconded by Er. Kirksey,
Er. Ellis was allowed $5.00 for this lamb.
Request was received from Judge Waddell for approval of the employ-
ment of ~rs. Katherine K. Lane as part-time secretary in his office at a
salary of $45.00 per month. On motion of Nr. Kirksey, seconded by
Palmer, Judge Waddell!s request was approved.
211
Nr. F. E. Pautett advised the Board that Nr. and Nfs. Daniel Van-
Clief had given to the County of Albemarle a tract of land located on the
Keene to Esmont Road for use as a sanitar~ landfill but had requested that
the County use funds saved in the purchase of property to prepare a road
into, the land_fill. On motion of Nr. Paulett, seconded by Nr. Palmer, and
unanimously carried, it was ordered that a letter of appreciation be
forwarded to the VanCliefs, that a road be built as requested, and that
the present Esmont ~mmp be closed.
Claims against the County amounting to $52'0,821.81 were presented,
examined, and allowed, and certified to the Director of Finance for payment
and charged against the following funds:
General Revenue ~kuud
General Operating Fund
School Operating Fund
Capital Outlay Fund
co
61,1
365,699.46
53,155.75
Cafeterias 799.00
Virginia Public Assistance ~aud 31,355.86
EcIntire Trust Fund 4U~. 50
Dog Tax Fund 715.6_7
Crozet Sanitary Di stric~t Fund 1,114.
68
Commonwealth of Va. Current Credit Acct. 6,283.90
Town of Scottsville Local Sales Tax 60.21
Total $520,821.81
On motion, the meeting was adjourned.