Suggested Changes to Albemarle County Code
Category 1: Promote Better Design and Layout of New Development Sites
A-2. Minimum parking ratio for professional office space.
· Proposed change to County Code § 18-4.12.6 (“Minimum Number of Required Parking Spaces for Scheduled Uses”):
Offices, business, administrative and professional (including medical offices
but not dental clinics): One (1) space per
two hundred (200)
two hundred seventy (270) square feet of net
office floor area. The term “net office floor area” shall be deemed to be: (1)
eighty (80) percent of the gross floor area; or (2) at the request of the
applicant, the actual net office floor area as shown on floor plans submitted by
the applicant, delineating the actual net office floor area, which plans shall
be binding as to the maximum net floor area used.
A-3. Condition permission to exceed parking maximums on lot designs that limit runoff.
· Insert new section as § 18-4.12.2(c)(2):
For each request to modify or waive the maximum number of parking spaces allowed by subsection 4.12.4(a), the developer shall either:
(i) Locate a minimum of one-third of the total number of proposed parking spaces within structured or underground parking facilities; or
(ii) Utilize enhanced stormwater best management practices, as defined in the Design Standards Manual, to capture and treat runoff from the entire parking lot. Enhanced stormwater best management practices incorporated into interior parking lot landscaping areas pursuant to §184.108.40.206 of this ordinance may count toward this requirement. In addition, a volume of water equal to one-inch over the portion of the parking lot surface attributable to the parking spaces that exceed the maximum must not run off the site.
A-4. Expand landscaping areas to promote on-site infiltration of runoff in new parking lots.
· Proposed changes to § 18-220.127.116.11 (“Parking Lot Landscaping”)
b. Interior landscaping:
Exclusive of the requirements of section 18.104.22.168 (a) and (c), an area equal to
five (5) ten (10) percent of the paved
parking and vehicular circulation area shall be landscaped with trees or shrubs.
This shall include one (1) large or medium shade tree per ten (10)
parking spaces or portion thereof, if five (5) spaces or more. Interior
landscaping shall be located in reasonably dispersed planting islands or
perimeter areas. Shrub planting adjacent to a building shall not be counted as
interior landscaping. With the approval of the
agent, enhanced stormwater best management practices, as defined in the Design
Standards Manual, may be used within parking lots in lieu of trees and shrubs to
satisfy the interior landscaping requirement. The land area occupied by the
enhanced stormwater best management practices shall count double toward the ten
(10) percent interior landscaping requirement.
· Proposed changes to § 18-4.12.16(c)(6) (to complement landscaping expansion):
Minimum length reduction: Perpendicular and curvilinear parking space minimum length requirements may be reduced by not more than two (2) feet when any of the following conditions are satisfied: (i) one or more rows of parking are separated by planting islands or interior landscaping areas (including enhanced stormwater best management practices, as defined in the Design Standards Manual), median, or other such features (other than sidewalks) and allow for an unobstructed overhang, from each row, equivalent to the reduction; or (ii) one or more rows of parking adjacent to a building are separated from the building by planting islands or interior landscaping areas (including enhanced stormwater best management practices), or other such features (other than sidewalks) and allow for an unobstructed overhang, from each row, equivalent to the reduction.
Category 3: Limit Sediment-Laden Runoff from Construction Sites
1. Require all erosion and sediment control plans to include a time limit by which denuded terrain must be permanently revegetated.
· Insert new subsection (C) of §17-203 (“Erosion and Sediment Control Plan”):
C. In addition to all requirements incorporated above, a permanent vegetative cover shall be installed on all denuded areas not otherwise permanently stabilized or under construction with an approved building permit, as determined by the Program Authority, within twelve months of the start of clearing or grading under any erosion and sediment control permit or agreement in lieu of a plan. The owner must provide written notification to the Program Authority of the date on which clearing and grading work begins within one week of the commencement of such work. Upon the written request of the owner demonstrating that factors beyond the owner’s control necessitate an extension of the twelve month time limit, the Program Authority may extend the time limit for a maximum of six months. Any further extensions may only be granted by the Board of Supervisors.
(The existing subsection (C) would become subsection (D)).
2. Expand the list of erosion control measures explicitly referenced in the form contract the County uses for agreements-in-lieu-of-plans.
Erosion and Sediment Control Agreement for
Single Family Residence Construction
In lieu of submitting a formal erosion and sediment control
plan for development of this single family residence and/or appurtenant
structure, I agree to comply with the requirements of the Virginia Erosion and
Sediment Control Handbook, latest edition, and provide erosion control measures
in accordance with the Handbook standards and specifications in order to protect
against the transport of soil and sediment off of the property. I further agree
to comply with additional requirements determined necessary by the
of Engineering & Public Works Program Administrator.
Such requirements shall be based on established conservation standards and shall
represent the minimum practices Albemarle County deems
necessary to provide adequate control of erosion and sedimentation on or
resulting from this development.
At a minimum:
1. Silt fences, sediment basins and traps, and other protective measures shall be provided in areas where sediment from disturbed areas may leave the site. Protective measures must be properly installed before significant land disturbing activity may proceed. These measures must remain installed and maintained until adequate stabilization is achieved as determined by the Program Authority.
2. All erosion measures shall be inspected periodically and after each runoff-producing rainfall event. Any necessary repairs to maintain the effectiveness of the erosion control devices and cleanup of sedimentation shall be made immediately. If a county inspector finds the erosion control measures are found to be inadequate or in need of repair, you will be notified. A fee of $150 will be charged for each reinspection that is necessary.
A temporary stone construction entrance shall be provided wherever traffic will
be leaving a construction site and there exists the
possibility of transporting mud directly onto a public or private
road or other paved area.
4. All denuded areas on the site shall be
stabilized within seven (7) days of final grading with permanent vegetation or a
protective ground cover suitable for the time of year. Temporary soil
stabilization shall be applied within seven (7) days to denuded areas that may
not be at final grade but will remain dormant (undisturbed) for longer than
thirty (30) days.
5. A permanent vegetative cover shall be established on all denuded areas not otherwise permanently stabilized or under construction with an approved building permit, as determined by the Program Administrator, within ten months of the start of clearing or grading. Written notification of the date on which clearing and grading work begins must be provided to the Program Authority within one week of the commencement of such work. Upon the written request of the responsible land disturber or landowner demonstrating that factors beyond their control necessitate an extension of the ten month time limit, the Program Authority may extend the time limit for a maximum of two months. If construction extends for more than a year, the County may initiate any authorized enforcement action as it deems appropriate, and a permit renewal fee of $150 will be required.
6. During construction of the project, soil stock piles and borrow areas shall be stabilized, covered, or protected with sediment trapping measures.
7. All storm sewer inlets that are operable during construction shall be protected so that sediment-laden water cannot enter the conveyance system without first being filtered or otherwise treated to remove sediment.
8. All temporary erosion and sediment control measures shall not be removed until disturbed areas are stabilized. After stabilization is complete, all measures shall be removed within 30 days, unless otherwise authorized by the Program Administrator. Trapped sediment and the disturbed soil areas resulting from the disposition of temporary measures shall be permanently stabilized to prevent further erosion and sedimentation.
I further understand that failure to comply with such
requirements within three (3) working days, following notice by
Department of Engineering & Public Works a County
official, could result in a citation for violation and may require the
submission and approval of a formal erosion control plan with an appropriate
performance bond as provided in Sections 17-204 and 17-207 of the Albemarle
County Water Protection Ordinance. I hereby agree
to be responsible for carrying out each of the duties and responsibilities
enumerated above, as well as all other requirements of Albemarle County’s
erosion and sediment control program.
I also hereby agree to maintain
responsibility for this permit regardless of the sale of the property prior to
completion of the work covered by this permit.
Design Manual Additions:
Section 3.B (with other items to be re-lettered) Additional Permit Requirements
Albemarle County has a time limit for construction disturbances, as given in Water Protection Ordinance section (per anticipated amendment). In addition, some properties may have additional requirements imposed or proffered in a rezoning or special use permit approval.
Section 5.D Enhanced Stormwater Management
Enhanced Stormwater Management, or Enhanced Best Management Practices, are those facilities or practices which provide more water quality treatment, or more volume retention, than would be required by the current ordinances and policies.
Enhanced water quality treatment will be those practices which provide removal rates at least 10% better than required by ordinance. (Often this increase is a target specified in a proffer or condition of zoning, like 20% better than otherwise required.) In cases where required removal rates are above 65%, this will not be possible with current technologies. In these cases, enhanced quality must take the form of runoff reduction practices. Runoff reduction practices are those which collect and infiltrate or utilize stormwater, such that it does not run off the site. Marginal (usually <15%) addition treatment can also be attributed to a treatment train, or treatment redundancy. This means runoff is routed through two or more facilities before discharge. A common train is treatment at the source, such as with a parking lot biofilter, in addition to treatment at the discharge, as with an extended detention facility. Should none of these practices prove feasible, reduction to a site’s impervious areas may improve results. Examples would be pervious pavers, or smaller parking areas.
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