ORDINANCE NO.  09-03(   )

 

AN ORDINANCE TO AMEND CHAPTER 3, AGRICULTURAL AND FORESTAL DISTRICTS, ARTICLE II, DISTRICTS OF STATEWIDE SIGNIFICANCE, AND ARTICLE III, DISTRICTS OF LOCAL SIGNIFICANCE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA

 

BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 3, Agricultural and Forestal Districts, Article II, Districts of Statewide Significance, and Article III, Districts of Local Significance, are hereby amended and reordained as follows:

 

By Amending:

 

Sec. 3-201        Creation of district

Sec. 3-205        Withdrawal of land from district

Sec. 3-301        Creation of district

Sec. 3-305        Withdrawal of land from district

 

Chapter 3.  Agricultural and Forestal Districts

 

Article II.  Districts of Statewide Significance

 

Division 1.  Procedure

 

Sec. 3-201  Creation of district.

 

            Each agricultural and forestal district of statewide significance shall be created as provided herein:

 

            A.        Application.  On or before November 1 of each year, an owner or owners of land may submit an application to the department of planning and community development for the creation of a district.  An application shall be signed by each owner of land to be included within the district.  The application shall be made on a form developed and provided by the director of the department of planning and community development.  The application form shall comply with Virginia Code § 15.2-4303(D).  Each submitted application shall be accompanied by: (i) a United States Geologic Survey 7.5 minute topographic map that clearly shows the boundaries of the district and each addition, and the boundaries of the properties owned by each applicant; (ii) a Virginia Department of Transportation general highway map for the locality that shows the general location of the proposed district; and (iii) the fee required by section 3-206.

 

            B.         Initiation of application review.  Upon receipt of an application for a district, the planning commission shall:

 

                        1.         Accept the application at a regularly scheduled meeting;

 

                        2.         Direct the department of planning and community development to provide notice of the application pursuant to Virginia Code § 15.2-4307(1); and

 

                        3.         Refer the application to the advisory committee for review and comment.

 

C.                 Evaluation criteria.  Each application shall be evaluated as provided in Virginia Code

§ 15.2-4306. 

 

            D.        Advisory committee review.  Upon referral of an application by the planning commission, the advisory committee shall review and make recommendations concerning the application and any proposed modifications to the planning commission.

 

            E.         Planning commission review.  Upon receipt of the report of the advisory committee on an application, the planning commission shall conduct a public hearing on the application and any proposed modifications, and thereafter report its recommendations to the board of supervisors, as provided herein:

 

                        1.         In conducting its review, the planning commission shall evaluate the application as provided in paragraph (C), and also shall consider the potential effect of the district and any proposed modifications on the county’s planning policies and objectives.

 

                        2.         Upon conclusion of the public hearing, the planning commission shall direct the department of planning and community development to publish and provide the notice required by Virginia Code § 15.2-4307.   

 

            F.         Hearing by board of supervisors.  After receiving the reports of the planning commission and the advisory committee, the board of supervisors shall hold a public hearing on the application as provided in Virginia Code § 15.2-4307.

 

            G.         Action on application.  After a public hearing, the board of supervisors may by ordinance create a district as applied for or with any modifications it deems appropriate, as provided herein.

 

                        1.         The ordinance shall be adopted pursuant to the conditions and procedures provided in Virginia Code § 15.2-4309, and shall be subject to section 3-202(A).

 

                        2.         The board of supervisors shall act to either adopt the ordinance creating the district, or reject the application, or any modification to it, by the May 1 following the November 1 by which the application was received. 

 

(§ 2.1-2; 6-8-83, §§ 3, 4, 5; 12-16-87; 12-11-91; 7-1-92; Code 1988, § 2.1-2; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code §§ 15.2-4303 through 15.2-4309.

 

Sec. 3-205  Withdrawal of land from district.

 

            An owner of land within an agricultural and forestal district of statewide significance may request that his land be withdrawn from the district, as provided herein:

 

            A.        Withdrawal by right by owner.  After the planning commission initiates the review of a district and before the board of supervisors acts to continue, modify or terminate the district, an owner of land may withdraw the land from the district by filing a written notice of withdrawal with the department of planning and community development.

 

            B.         Withdrawal by right by certain successors to deceased owner.  Within two years of the date of death of an owner of land within a district, any heir, devisee, surviving co-tenant or personal representative of a sole owner of any fee simple interest of land may, upon the inheritance or descent of such land, withdraw the land from the district by filing a written notice of withdrawal with the department of planning and community development and the department of finance. 

 

            C.         Withdrawal in discretion of board of supervisors.  At any time after the creation of a district, an owner of land may request the board of supervisors to withdraw all or part of the land from the district, as provided herein:

 

                        1.         Filing of written request.  The owner shall file a written request for withdrawal with the department of planning and community development.  The request shall identify the owner of the land, identify the land or part thereof proposed to be withdrawn, state the reason for the request, and address the criteria for review set forth in paragraph (C)(2).  The request shall be accompanied by the fee required in section 3-206.

                        2.         Criteria for review.  A request to withdraw land from a district may be approved only if the withdrawal satisfies all of the following criteria:

 

                                    (a)        The proposed new land use will not have a significant adverse impact on agricultural or forestal operations on land within the district;

 

                                    (b)        The proposed new land use is consistent with the comprehensive plan;

 

                                    (c)        The proposed land use is consistent with the public interest of the county in that it promotes the health, safety or general welfare of the county, rather than only the proprietary interest of the owner; and

 

                                    (d)        The proposed land use was not anticipated by the owner at the time the land was placed in the district, and there has been a change in circumstances since that time. 

 

                        3.         Advisory committee review.  Upon receipt of a request to withdraw, the advisory committee shall review the request and report to the planning commission its recommendations.  In conducting its review, the committee shall evaluate the request as provided in paragraph (C)(2).

 

                        4.         Planning commission review.  Upon receipt of the report of the advisory committee on a request, the planning commission shall conduct a public hearing and evaluate the request as provided in paragraph (C)(2). The planning commission shall report to the board of supervisors its recommendations, together with the advisory committee’s recommendations.  

 

                        5.         Hearing by board.   After receiving the reports of the planning commission and the advisory committee, the board of supervisors shall hold a public hearing on the request.

 

            D.        Effect of withdrawal.   Land that is withdrawn from a district shall be subject to roll-back taxes as provided in Virginia Code § 58.1-3237, and subject to all local laws and ordinances otherwise prohibited from applying to land within a district, as provided in section 3-202(C).  The withdrawal of land from a district shall not itself terminate the district.

  

(Ord. 98-A(1), 8-5-98)

 

            State law reference--Virginia Code §§ 15.2-4307, 15.2-4314. 

 

Article III.  Districts of Local Significance

 

Division 1.  Procedure

 

Sec. 3-301  Creation of district.

 

            Each agricultural and forestal district of local significance shall be created as provided herein:

 

            A.        Application.  On or before November 1 of each year, an owner or owners of land may submit an application to the department of planning and community development for the creation of a district.  An application shall be signed by each owner of land to be included within the district.  The application shall be made on a form developed and provided by the director of the department of planning and community development.  Each submitted application shall be accompanied by: (i) a tax map showing the boundaries of the proposed district and each addition, and the boundaries of properties owned by each applicant; and (ii) the fee required by section 3-306.

 

            B.         Initiation of application review.  Upon receipt of an application for a district, the planning commission shall:

                        1.         Accept the application at a regularly scheduled meeting;

 

                        2.         Direct the department of planning and community development to provide notice of the application pursuant to Virginia Code § 15.2-4405(C)(1); and

 

                        3.         Refer the application to the advisory committee for review and comment.

 

            C.         Evaluation criteria.  Each application shall be evaluated as provided herein:

 

                        1.         All land within the district shall be devoted to agricultural, horticultural, forestal or open space use at the time of the application, except that a reasonable amount of residential or other use, not exceeding five (5) acres per district and related to the agricultural, horticultural, forestal or open space use, may be included.

 

                        2.         If the land is located in the rural areas identified in the comprehensive plan, then the owner shall have first attempted to include the land in a new or existing agricultural and forestal district of statewide significance.

 

                        3.         If the land is located in a development area identified in the comprehensive plan, then a district shall be created only to protect either:

 

                                    (a)        Open space resources including stream valleys, mountains, wooded areas, buffer areas, or civic or cultural features, as identified on the growth areas open space composite maps; or

 

                                    (b)        Existing, bona fide agricultural and/or forestal operations as evidenced by a history of investment in farm or forest improvements, such as the regular production and sale of farm and/or forest products from the property during the last five (5) years, or other commitments to continuing agricultural or forestal use in the district.  In the event such evidence of commitment is not available, the owner shall submit a notarized affidavit which describes the existing, bona fide agricultural and/or forestal use of the property.  In addition, if the land is used for agricultural or horticultural purposes, the owner shall have obtained, or shall make or have made a request for, a current conservation plan with the Natural Resource Conservation Service.  If the land is used for forestry, the owner shall have obtained, or shall make or have made a request for, a current conservation plan with the Virginia Department of Forestry or a private consultant.

 

                        4.         Whether the land is currently enrolled in the land-use value assessment program.

 

            D.        Advisory committee review.  Upon referral of an application by the planning commission, the advisory committee shall review and make recommendations concerning the application and any proposed modifications to the planning commission.

 

            E.         Planning commission review.  Upon receipt of the report of the advisory committee on an application, the planning commission shall conduct a public hearing on the application and any proposed modifications, and thereafter report its recommendations to the board of supervisors, as provided herein:

 

                        1.         In conducting its review, the planning commission shall evaluate the application not only as provided in paragraph (C), but also shall consider the potential effect of the district and any proposed modifications on the county’s planning policies and objectives.

 

                        2.         Upon conclusion of the public hearing, the planning commission shall direct the department of planning and community development to publish and provide the notice required by section Virginia Code § 15.2-4405(E).

 

            F.         Hearing by board of supervisors.  After receiving the reports of the planning commission and the advisory committee, the board of supervisors shall hold a public hearing on the application as provided in Virginia Code § 15.2-4405(E).

 

            G.         Action on application.  After a public hearing, the board of supervisors may by ordinance create a district as applied for or with any modifications it deems appropriate, as provided herein.

 

                        1.         The ordinance shall be adopted pursuant to the conditions and procedures provided in Virginia Code § 15.2-4406, and shall be subject to the conditions provided in section 3-302.

 

                        2.         The board of supervisors shall act to either adopt the ordinance creating the district, or reject the application, or any modification to it, within one year from the November 1 by which the application was received. 

 

(9-15-93; Code 1988, §§ 2.1.1-2, 2.1.1-4; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-4405.

 

Sec. 3-305 Withdrawal of land from district.

 

            After the planning commission initiates the review of a district and before the board of supervisors acts to create, continue, modify or terminate the district, an owner of land may withdraw the land from the district by filing a written notice of withdrawal with the department of planning and community development.

 

(Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-4407. 

 

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