RESOLUTION OF INTENT
WHEREAS, the purposes of Section 30.3, Flood Hazard Overlay District, of the Albemarle County Zoning Ordinance are to provide safety and protection from flooding and to restrict the unwise use, development and occupancy of lands subject to inundation which may result in danger to life and property, public costs for flood control measures and rescue and relief efforts, soil erosion, sedimentation and siltation, pollution of water resources, and general degradation of the natural and man-made environment; and
WHEREAS, Section 30.3.03.1, Location of Utilities and Facilities, provides in part that new or replacement sewer facilities be located and designed to minimize or eliminate the infiltration of flood waters into those facilities and the discharge of effluent into flood waters, and to minimize damage or impairment caused by flooding; and
WHEREAS, in the Flood Hazard Overlay District, water distribution and sewerage collection lines owned and operated by the Albemarle County Service Authority are allowed by right in the floodway and the floodway fringe, but public sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority are not allowed by right in either the floodway or the floodway fringe; and
WHEREAS, in all of the basic zoning districts in Albemarle County, water distribution and sewerage collection lines owned and operated by the Albemarle County Service Authority, and all “public sewer transmission, main or trunk lines, treatment facilities, pumping stations and the like, owned and/or operated by the Rivanna Water and Sewer Authority” are classified as by-right uses; and
WHEREAS, the relevant general principles in the Land Use Plan, which is part of the Comprehensive Plan, state that it is the policy of the County to provide “an economical and safe public water system of water and sewer to serve the existing and future Development Area population” and to “Serve Urban Areas, Communities and Villages with public water and sewer”; and
WHEREAS, in order to more fully achieve the recited principles of the Land Use Plan, it is desired to amend the Zoning Ordinance to allow the facilities of the Rivanna Water and Sewer Authority described herein to be a by-right use in the Flood Hazard Overlay District.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Board of Supervisors hereby adopts a resolution of intent to amend Section 30.3, Flood Hazard Overlay District, and any other regulations of the Albemarle County Zoning Ordinance deemed appropriate to achieve the purposes described herein.
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning 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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