COUNTY OF ALBEMARLE

 

EXECUTIVE SUMMARY

 

 

AGENDA TITLE:

Ordinance to amend the ACE Program’s application deadline and to delete related deadlines.

 

SUBJECT/PROPOSAL/REQUEST:

Amend the ACE Ordinance to change the ACE Program’s application deadline and delete related deadlines.

 

STAFF CONTACT(S):

Messrs. Tucker, Foley, Davis, Kamptner, Cilimberg, Benish, Goodall

 

LEGAL REVIEW:   Yes

 

AGENDA DATE:

December 8, 2004

 

ACTION:     X                           INFORMATION:   

 

CONSENT AGENDA:

  ACTION:                                INFORMATION:   

 

 

ATTACHMENTS:     Yes

 

 

REVIEWED BY:

 

 

 

BACKGROUND:

Section A.1-110(D) of the ACE Ordinance establishes July 1 as the annual deadline for landowners to submit ACE applications.  Other subsections of section A.1-110 include other non-mandatory deadlines used as milestones for processing ACE applications.  On September 1, 2004, the Board of Supervisors approved staff’s request to extend the July 1 application deadline to October 31 this year.  Because experience has shown that the July 1 deadline and the other milestones have been impractical – reflected in staff’s repeated need to ask the Board to waive the July 1 deadline – the Board directed staff to return to the Board with an ordinance that would codify October 31 as the annual deadline for landowners to submit ACE applications.

 

STRATEGIC PLAN:

Goal: 2.1 – “Protect and/or preserve the County’s rural character”. 

Goal: 2.2 – “Protect and/or preserve the County’s natural resources”.

 

DISCUSSION:

The ACE Committee reviewed the proposed ordinance on November 10, 2004 and recommended that it be revised to establish October 31 as the annual deadline for landowners to submit ACE applications.  The Committee also recommended that the other dates in section A.1-110 used as milestones for processing ACE applications be deleted, rather than amended.  The Committee believes that these milestones are not useful because experience has shown that there are too many variables and delays in the application process that make them meaningless. The most common variables and delays in the application process include: (1) the time needed to review and rank complex applications; (2) the time needed to determine the number of theoretical development rights on each parcel; (3) the time needed for the Appraisal Review Committee to review appraisals, have any needed revisions made, and to re-review them; and (4) a number of matters that are within an applicant’s control, such as the applicant’s need to submit information, to have the final terms of the proposed deed of easement reviewed by his or her attorney and/or accountant, to remove judgment and other liens from the title, or to obtain the consent of the lender to subordinate liens.

 

Staff and the ACE Committee will continue to evaluate the application process so that changes can be made to allow applications to be processed as expeditiously as possible. 

 

RECOMMENDATIONS:

Staff recommends that the Board adopt the attached ordinance dated November 22, 2004.

 

ATTACHMENTS

Attachment A – Proposed Draft Ordinance
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