WHEREAS, subdivision regulations should assure the orderly subdivision and development of land and promote the public health, safety, convenience and welfare of citizens; and


WHEREAS, State law and the County’s subdivision regulations require that a final subdivision plat be submitted within one year after approval of the preliminary subdivision plat; and


WHEREAS, Albemarle County Code § 14-221(B), which is part of the County’s subdivision regulations, requires that a subdivider satisfy all conditions of approval of the preliminary plat and obtain all tentative approvals from county departments and other agencies prior to submitting the final subdivision plat; and


WHEREAS, because of several recent amendments to State law pertaining to the period of validity of preliminary subdivision plats and the submittal of final subdivision plats, the absence of a similar requirement in the County’s zoning regulations for site plans without any identified adverse effect and in the subdivision regulations of other surveyed localities, and difficulties experienced by some subdividers in satisfying all conditions or obtaining all approvals within the one-year period, Albemarle County Code § 14-221(B)’s requirement that a subdivider satisfy all conditions of approval and obtain all tentative approvals prior to submitting the final subdivision plat is unnecessary could be repealed without threatening the public health, safety, convenience or welfare; and


WHEREAS, in the absence of Albemarle County Code § 14-221(B), the public interest would nonetheless be protected because Albemarle County Code § 14-221(C) establishes the required elements of a final subdivision plat in order for it to be accepted as complete, and because a subdivider would have to satisfy all such conditions and obtain all approvals prior to the approval of the final subdivision plat.


 NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good land development practices, the Board of Supervisors hereby adopts a resolution of intent to amend Albemarle County Code § 14-221 and any other regulations of the Subdivision Ordinance deemed appropriate to achieve the purposes described herein.


BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the subdivision text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date.


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