COUNTY OF ALBEMARLE
Authorize the County Executive to Accept Deeds of Easement for Drainage and Stormwater Management Facilities
Resolution authorizing the County Executive to accept easements for drainage and stormwater facilities
Tucker, Foley, Davis
LEGAL REVIEW: Yes
May 3, 2005
ACTION: X INFORMATION:
The County of Albemarle requires easements from landowners for the installation and maintenance of drainage and stormwater facilities for site plans and subdivisions and for drainage improvement projects. The County has been acquiring easements in new subdivisions for drainage and stormwater control for several years, as established by Board policy at its April 5, 2000 meeting. The shift from privately to publicly maintained drainage systems was an acknowledgement that public maintenance of drainage systems serving public improvements was necessary in most situations. Experience has shown that private interests, including homeowners’ associations, often do not possess the technical and financial capabilities to repair and maintain drainage systems.
The deeds of easement set forth the rights and responsibilities of the landowner and the County, including the County’s rights and obligations to maintain the improvements within the drainage easement. Pursuant to Virginia Code Section 15.2-1803, the Board must authorize the County Executive to accept these deeds on behalf of the County. It has been the County’s practice to create the easements by plat or to authorize these deeds on an individual basis. The Board is enabled to generally delegate the authority to the County Executive to accept deeds of easement.
4.2 Fund County services in a fair, efficient manner and improve needed public facilities and infrastructure.
The efficiency of government would be improved by generally delegating the authority to the County Executive to accept deeds of easement for drainage and stormwater facilities on behalf of the County. A proposed Resolution authorizing the County Executive to accept such easements is attached as Attachment A.
This authorization will streamline the process and minimize staff resource requirements. The authorization will also save applicants 3 to 6 weeks of possible delay that would otherwise be required for staff to schedule the authorization for a Board meeting, prepare an executive summary, and then wait for the Board of Supervisors to act on the authorization.
Staff recommends that the Board adopt the attached Resolution (Attachment A) to authorize the County Executive to accept deeds of easement for drainage and stormwater facilities on behalf of the County, provided that such deeds of easement are approved as to form and content by the County Attorney.
A - Resolution
Return to consent agenda
Return to regular agenda