ORDINANCE NO.  09-A.1(   )

 

AN ORDINANCE TO AMEND APPENDIX A-1, ACQUISITION OF CONSERVATION EASEMENTS PROGRAM, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA

 

BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Appendix A.1, Acquisition of Conservation Easements Program, is hereby amended and reordained as follows:

 

By Amending:

 

Sec. A.1-103     Definitions and construction

Sec. A.1-104     Designation of program administrator; powers and duties

 

Appendix A.1  Acquisition of Conservation Easements Program

 

Sec. A.1-103.  Definitions and construction.

 

            A.        The following definitions shall apply in the interpretation and implementation of the ACE program:

 

                        (1)        Conservation easement.  The term “conservation easement” means a nonpossessory interest in one or more parcels of one or more qualified easement holders under section A.1-109(E) acquired under the Open-Space Land Act (Virginia Code § 10.1-1700 et seq.), whether the easement is appurtenant or in gross, voluntarily offered by an owner and acquired by purchase pursuant to the ACE program, imposing limitations or affirmative obligations for the purpose of retaining or protecting natural or open-space values of the parcel or parcels, assuring availability for agricultural, forestal, recreational or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural or archaeological aspects of the parcel or parcels.

 

                        (2)        Division rights.  The term “division rights” means the number of parcels into which a parcel could be divided and developed with a dwelling and all associated improvements and utilities, counting both those parcels less than twenty-one (21) acres in size and those twenty-one (21) acres in size or greater that could be created, by a by-right conventional development under the rural areas zoning district regulations stated in Section 10 of Chapter 18, Zoning, of the Albemarle County Code, where each potential parcel could comply with all applicable requirements of Chapter 14, Subdivision of Land, and Chapter 18, Zoning, of the Albemarle County Code.  Each division right represents the right to build a single dwelling, regardless of whether it is a primary or secondary dwelling.

 

                        (3)        Forced sale.  The term “forced sale” means a sale of a parcel with unused development rights in a manner prescribed by law that is conducted under a judgment, order or the supervision of a court of competent jurisdiction, other than a sale arising from a partition action; a sale resulting from foreclosure under the laws of the Commonwealth of Virginia; or, a sale that is not the voluntary act of the owner but is compelled in order to satisfy a debt evidenced by a mortgage, judgment, or a tax lien.

 

                        (4)        Hardship.  The term “hardship” means an economic hardship, other than a circumstance causing a forced sale, experienced by the owner of the parcel so as to compel him to place a parcel with unused development rights for sale or to use such development rights.

 

                        (5)        Immediate family.  The term “immediate family” means an owner’s spouse and his or her offspring residing in the same household as the owner.

 

                        (6)        Owner.  The term “owner” means the owner or owners of the freehold interest of the parcel.

 

                        (7)        Program administrator.  The term “program administrator” means the director of the department of planning and community development.

 

                        (8)        Parcel.  The term “parcel” means a lot or tract of land, lawfully recorded in the clerk’s office of the circuit court of the County of Albemarle.

 

                        (9)        Retained division rights.  The term “retained division rights” means the number of parcels into which a parcel subject to a conservation easement may be divided as provided in section A.1-109(A).

 

            B.         Construction.  Because a conservation easement may contain one or more parcels, for purposes of the ACE program the term “parcel” shall include all parcels covered by, or proposed to be covered by, the conservation easement.

 

(Ord. 00-A.1(1), 7-5-00; Ord. 02-A.1(1), 12-11-02; Ord. 07-A.1(1), 12-5-07)

 

Sec. A.1-104.  Designation of program administrator; powers and duties.

 

            A.        Designation.  The director of the department of planning and community development is hereby designated as the program administrator. 

 

B.         Powers and duties.  The program administrator, or his designee, shall administer the ACE program and shall have the powers and duties to:

 

                        1.         Establish reasonable and standard procedures and forms for the proper administration and implementation of the program.

 

2.         Promote the program, in cooperation with the ACE committee, by providing educational materials to the public and conducting informational meetings.

 

3.         Investigate and pursue, in conjunction with the county executive, state, federal and other programs available to provide additional public and private resources to fund the program and to maximize private participation.

 

4.         Evaluate all applications to determine their eligibility and their ranking score, rank applications based on their ranking score, and make recommendations thereon to the ACE committee.

 

5.         Determine the number of division rights existing on each parcel subject to an application, after obtaining the number of theoretical development rights from the zoning administrator.

 

6.         Coordinate the preparation of appraisals.

 

7.         Provide staff support to the appraisal review committee, the ACE committee and the board of supervisors.

 

                        8.         Provide educational materials regarding other land protection programs to the public.

 

                        9.         For each conservation easement, assure that the terms and conditions of the deed of easement are monitored and complied with by coordinating a monitoring program with each easement holder, and if the other easement holders are either unable or unwilling to do so, monitor and assure compliance with the terms and conditions of the deed of easement.

 

(Ord. 00-A.1(1), 7-5-00; Ord. 02-A.1(1), 12-11-02)

 

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