02-21-2001 MinutesBOARD OF SUPERVISORS
MINUTES
February 21, 2001
Supervisors in Attendance:
Mrs. Renny B. Humphrey, Chairman
Mr. Kelly E. Miller, Vice Chrm.
Mr. Edward B. Barber
Mr. J. L. McHale, III
Mr. Arthur S. Warren
Mr. Lane B. Ramsey
County Administrator
Staff in Attendance:
Colonel Carl R. Baker,
Police Department
Mr. George Braunstein,
Dir., Community Services
Board
Mr. Craig Bryant, Dir.,
Utilities
Dr. Billy K. Cannaday, Jr.
Supt., School Board
Mr N. E. Carmichael,
Commissioner of Revenue
Ms Jana Carter, Dir.,
Youth Services
Ms Marilyn Cole, Asst.
County Administrator
Mr Richard Cordle,
Treasurer
Ms Rebecca Dickson, Dir.,
Budget and Management
Ms Lisa Elko,
Clerk
Ms Karla J. Gerner, Dir.,
Human Resource Mgmt.
Mr Michael Golden, Dir.,
Parks and Recreation
Mr Bradford S. Hammer,
Deputy Co. Admin.,
Human Services
Mr John W. Harmon,
Right-of-Way Manager
Mr Russell Harris,
County Ombudsman
Mr Thomas E. Jacobson,
Dir., Planning
Mr Donald Kappei, Dir.,
Public Affairs
Mr Louis Lassiter, Dir.,
Internal Audit
Mr R. John McCracken,
Dir., Transportation
Mr Richard M. McElfish,
Dir., Env. Engineering
Mr Steven L. Micas,
County Attorney
Dr William Nelson,
Dir., Health
Mr Paul D. Patten,
Assessor
Mr Francis Pitaro, Dir.,
General Services
Dep. Chief Paul Shorter,
Fire Department
Ms. Sarah Snead, Dir.,
Social Services
Mr. James J. L. Stegmaier,
Deputy Co. Admin.,
Management Services
01-8B 02/21/01
Mr. M. D. Stith, Jrt.,
Deputy Co. Admin.,
Community Development
Mr. Thomas A. Taylor, Dir.,
Block Grant Office
Sheriff Clarence WiLliams,
Sheriff's Department
Mr. Richard Witt, Asst.
Building Official
Mrs. Humphrey called the regularly scheduled meeting to order
at 3:47 p.m.
1. APPROVAL OF MINUTES
On motion of Mr. Barber, seconded by Mr. Warren, tke Board
approved the minutes of January 24, 2001 and February 8, 2001,
as submitted.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
COUNTY ADMINISTRATOR'S COMMENTS
Mr. Ramsey recognized members of the Black History Month
Committee who were present at the meeting and expressed
appreciation for their efforts at coordinating tile Black
History Month events.
Mr. Ramsey recognized Major David Hutton with the
Sheriff's Office who will be representing Virgi. nia Law
Enforcement Officers at the Special Olympics in Anchorage,
Alaska.
Mr. Ramsey stated that the County celebrated Presidents'
Day with posters announcing that its government offices
were open to the public, and bookmarks listing the names
of all United States Presidents were distributed to
citizens.
3. BOARD COMMITTEE REPORTS
There were no Board committee reports at this time.
REQUESTS TO POSTPONE ACTION, ADDITIONS, OR CHANGES IN
THE ORDER OF PRESENTATION
There were no requests to postpone action, additions or changes
in the order of presentation at this time.
5. RESOLUTIONS AND SPECIAL RECOGNITIONS
o RECOGNIZING CHESTERFIELD COMI~IINITY SERVICES BOARD MEMBERS
MRS. EUNICE N, GRIFFIN
Mr. Hammer introduced Mrs. Eunice Griffin who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
01-86 02/21/01
WHEREAS, Mrs. Eunice N. Griffin, representing Matoaca
Magisterial District, has served as a dedicated and faithful
member of the Chesterfield Community Services Board since her
appointment by the Board of Supervisors in January 1995; and
WHEREAS, Mrs. Griffin, during her two terms as a member of
the Chesterfield Community Services Board, has served with
distinction as a member of the Community Services Board
Standing Committee, Audit Committee, Research Committee and
Executive Committee; and
WHEREAS, Mrs. Griffin has for a number of years been an
active volunteer and concerned citizen of Chesterfield County,
serving in numerous leadership capacities including the
Vocational Advisory Board for Petersburg Schools and the
Special Education Advisory Committee; and
WHEREAS, Mrs. Griffin, on behalf of the Chesterfield
Community Services Board, has been an active participant in
state conferences of the Virginia Association of Community
Services Boards and is recognized as an articulate advocate for
quality behavioral health care; and
WHEREAS, Mrs. Griffin is acknowledged locally and
throughout the Commonwealth for her steadfast dedication and
genuine concern for persons with mental disabilities.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Mrs. Eunice N.
Griffin and expresses appreciation for her many years of
commitment and significant contributions in the provision of
quality mental health, mental retardation and substance abuse
services to the citizens of Chesterfield County.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mrs. Griffin and that it be
permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
Mrs. Humphrey presented the executed resolution to Mrs. Griffin
and expressed appreciation for her dedicated service on the
Community Services Board.
Mrs. Griffin expressed appreciation to the Board for the
recognition.
MRS. LYNNE E. COOPER
Mr. Hammer introduced Mrs. Lynne Cooper who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
~{EREAS, Mrs. Lynne E. Cooper, representing the Midlothian
Magisterial District, has served as a dedicated and faithful
member of the Chesterfield Community Services Board since her
appointment by the Board of Supervisors effective January 1,
1998; and
WHEREAS, Mrs. Cooper has served with distinction as
Chairman and member of the Community Services Board Policy
Committee in addition to the elected position of Board
Secretary during her three year term; and
01-87 02/21/01
WHEREAS, Mrs. Cooper has long been recognized as an
articulate civic leader not only locally and across the
Commonwealth of Virginia, but as an involved participant in
national leadership initiatives; and
WHEREAS, the guidance and commitment demonstrated by Mrs.
Cooper is an important example of effective advocacy in support
of quality human services.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Mrs. Lynne E.
Cooper and expresses appreciation for her continuing efforts to
enhance the quality mental health, mental retardation and
substance abuse services provided for citizens of Chesterfield
County.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mrs. Cooper and that this resolution
be permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
Mr. Barber presented the executed resolution to Mrs. Cooper and
expressed appreciation for her dedicated service on the
Community Services Board.
Mrs. Cooper expressed appreciation to the Board for the
recognition.
6. WORK SESSIONS
6.A. COUNTYWIDE STRATEGIC PLAN AND PROJECTED FY2002 REVENUES
Mr. Ramsey presented a performance report relative to the
County's Strategic Plan. He stated that this performance
report is significantly different from past reports. He
reviewed Performance Measurements and stated that Total Quality
tools have been used to build various County-wide plans which
have all been tied together in a strategic fashion in the
performance report. He then reviewed the County's seven
Strategic Goals. He also reviewed various objectives,
measurements, results, targets and benchmarks for several of
the Strategic Goals. He stated that staff is recommending a
total of 15 reporting measures to determine the County's
overall performance and requested the Board's feedback on the
performance measurements.
Mrs. Humphrey stated that the number of positive letters
received by the County Administrator relative to a County
employee has doubled in the past five years and the number of
complaint letters has significantly decreased.
Mr. Ramsey stated that he feels this is the result of the
County's customer service effort.
There was brief discussion relative to the compilation of the
Citizen Satisfaction Survey.
Mr. Ramsey stated that staff has determined through research
that the County is breaking the ice by tying the Strategic Plan
to performance measures. He indicated that a number of
national organizations have expressed an interest in learning
more about this initiative. He then called forward Ms. Dickson
to review FY2002 revenues.
01-88 02/21/01
Ms. Dickson presented an overview of FY2002 Revenues. She
reviewed County Population Data; Local Taxes Per Capita in
FY2001 and FY2002; and FY2002 Projected Revenues versus FY2001
Adopted Revenues. She stated that the projected revenues for
most of the categories have not changed significantly from
FY2001. She reviewed Real Estate Tax highlights assuming a tax
rate of $1.08 and stated that the overall increase in
assessment base is 7.6 percent, 3.9 percent of which is from
new construction. She further stated that the rate of growth
in commercial assessments has exceeded that of residential
assessments from 2000 to 2001.
When asked, Ms. Dickson stated that the 7.6 percent increase in
assessment base is due to both growth, new construction and
reevaluations. She further stated that the reevaluations
amounted to a $514 million increase in total assessed value
from FY2000 and indicated that the County would recognize
approximately $7.5 million in increased revenue assuming a
$1.08 tax rate. She stated that the County's population
increase was approximately 2.5 percent and the rate of
inflation was approximately 2.5 to three percent. She reviewed
Real Estate Assessed Value from 1990-2001; Percentage Change in
Assessed Value from 1990-2001; Percentage of Assessed Value for
Commercial/Industrial Real Estate from 1992-2001; and Growth in
Jobs and Workers from 1994-1999. She indicated that the
County's jobs to workers ratio is improving. She reviewed
Building Permits from 1992-2001; Percentage of Units Paying
Proffers to Total Building Permits from 1991 to 2000;
Undeveloped Residential Lots in 1990 and 2001; Personal
Property Taxes; Percentage Change of Personal Property Revenue
from FY92-FY2002 Projected; Number of New and Used Car
Registrations; Local Sales Tax; Percentage of Change in Local
Sales Tax Revenue from FY91-FY2002 Projected; Local Sales Tax
Percent Distribution from FYgl-FY2001 YTD; and FY2002 General
Fund Sources. She stated that the difference in net available
new revenue for FY2002 has increased by $20.2 million.
Mrs. Humphrey requested that Colonial Heights be added to the
data for local sales tax percent distribution in future
budgets.
Mr. Ramsey stated that Budget staff is currently studying
retail and population data north and south of the river.
When asked, Ms. Dickson stated that the total revenue projected
for FY2002 has increased by $20.2 million. She reviewed
Changes in General Fund Sources of Revenue and indicated that
it is significant to note the types of revenues that were
available as each budget was being developed. She stated that
the type of revenue available for the FY2002 budget is
primarily in property taxes which is shared with Schools. She
then reviewed FY2002 General Fund Uses and stated that staff is
requesting a continued phase-in of a planned water connection
fee increase. She further stated that staff is also requesting
approval for changes in the real estate tax abatement program
which were derived from the Neighborhood Strategy Team (with
modifications).
When asked, Ms. Dickson stated that the growth in jobs from
1994 to 1999 was about 17,800 and the growth in workers was
about 3,400.
Mrs. Humphrey requested a five minute recess.
Reconvening:
01-89 o2/2 /o
6.B. COMMUNITY SERVICES BOARD PRESENTATION
Mr. Hammer introduced Mr. George Braunstein, Executive Director
of the Community Services Board (CSB).
Mr. Braunstein stated that CSB members will present a summary
of CSB accomplishments and future chalienges. He then
introduced members of the Community Services Board who were
present at the meeting.
Mr. Thomas '~Mac" Deadmore, Chairman/Dale District representative
of the CSB, reviewed Utilization Data from FY2000, stating that
4,423 consumers were served -- an increase of 4.2 percent. He
further stated that, based on a recent Consumer Satisfaction
Survey administered by the State Department of Mental Health,
Mental Retardation and Substance Abuse Services, over 92
percent of the County's CSB consumers were satisfied with the
services they received. He stated that the largest continuing
challenge has been to develop a plan to manage the cost of
providing quality services to the segment of the population
that can least afford it. He reviewed Sources of Revenue and
stated that the CSB has maximized the fee based revenue while
bringing the amount of local support funding to the lowest
possible level. He then reviewed Family Income Levels for the
beneficiaries of CSB services and stated that 75 percent of the
families and consumers are at or below the poverty level of
income. He stated that, with the assistance of Mr. Ramsey, Mr.
Hammer and Ms. Dickson, the CSB has developed a plan for FY2002
to enable it to continue to provide the quality services that
citizens have come to expect. He then introduced Ms. Frances
Brown, Matoaca District CSB representative.
Ms. Brown reviewed CSB accomplishments including the CSB's
three-year reaccreditation by the Rehabilitation Accreditation
Commission (CARF); being one of only two sites chosen in the
State for a National Institute of Drug Abuse Research Study;
preparing to open the Henshaw House, a residential service
option to provide adolescent treatment services closer to home;
and initiation of the Drug Court program for adults who have
committed non-violent crimes with a primary factor of substance
abuse. She stated that, in order to integrate the CSB's
continued focus on its mission to provide quality services with
the increased emphasis on fiscal responsibility, this year the
CSB initiated what will become a yearly project for integrating
business operational plan with its agency budget. She then
introduced Mr. C. Richard Scales, Clover Hill District CSB
representative.
Mr. Scales reviewed the CSB's Business/Operational Plan
including cost management strategies; service growth; and
planning for short and long-term information technology needs.
He stated that the CSB has worked hard to be selective in the
growth of services by identifying those that will provide the
most benefit to the greatest number of citizens and has
continued the effort of previous years to maximize the
utilization of funding sources other than local general funds.
He requested the Board's support of the budget plan developed
with assistance from County Administration and the Budget
Department.
Mr. Miller stated that he feels the CSB's business plan is a
refreshing approach.
Mrs. Humphrey stated that she feels the initiative should be
shared with the National Association of Counties (NACo).
6.C. SOCIAL SERVICES BOARD PRESENTATION
Mr. Hammer introduced Mr. David Welchons, Chairman of the
Chesterfield/Colonial Heights Social Services Board.
Mr. Welchons introduced members of the Social Services Board
who were present at the meeting. He then presented an overview
of the programs administered by the Department of Social
Services and its need for funding sources. He reviewed trends
in referrals to Child Protective Services and average number of
children receiving day care assistance. He stated that there
has been a 131 percent increase in children of working families
receiving day care assistance during the past five years. He
further stated that, as a result of additional State funding,
the child day care program has been expanded and currently
there is no waiting list. He stated that there has been a 55
percent decrease in the past five years in the average monthly
caseload for Temporary Assistance for Needy Families (TANF).
He reviewed highlights of the Virginia Initiative for
Employment-Not Welfare (VIEW) including enrollment of 1,257
customers since the program's inception; and 1,021 individuals
entering full time employment during this time period. He
stated that the Food Stamp Program's average monthly caseload
has decreased 33 percent since 1996. He reviewed the Medicaid
Program and stated that inpatient hospital services account for
the largest Medicaid expenditures followed closely by nursing
home facilities. He then reviewed Medicaid recipients by
category of eligibility and benefits distributed through Social
Services for Medicaid, TANF and food stamps. He stated that
the number of children requiring foster care has decreased to
approximately 100 and indicated that the largest number of
children in foster care are ages 13 through 15, followed by
children ages one through five.
Mrs. Humphrey noted Medicaid is federally funded. She stated
that many County employees are foster parents and questioned
whether the County had any type of leave policy for employees
who become new foster parents.
Mr. Welchons stated that the Coalition for Children and Youth,
a regional foster family recruitment project, should have a
tremendous impact on increasing resources to its member
localities. He reviewed initiatives of the Adult Services
Program including companion services; pre-admission screenings/
assisted living assessments; adult protective services
investigations; and information and referral to other
resources.
There was brief discussion relative to the number of referrals
for adult protective services and to the possibility of
prosecution of children for failing to support their elderly
parents.
Mr. Welchons reviewed additional Social Services programs and
the departmental need for four new positions -- a Placement Team
Supervisor; a Social Work Aide in the Placement Team; an Adult
Services Social Worker; and a Training and Quality Coordinator.
He then reviewed additional issues including office space;
potential State and Federal allocation decreases/funding
uncertainty; and increased customer gas and power charges. He
expressed appreciation to the Board for its continued support.
Mrs. Humphrey questioned the possibility of combining the
Social Work Aide and Placement Team Supervisor positions. She
requested that the Board be provided data relative to requests
for fuel assistance.
o2/21/ol
7. DEFERRED ITEMS
O TO CONSIDER AN ORDINANCE TO VACATE A FIFTY FOOT RIGHT OF
WAY KNOWN AS TREPORT ROAD AND FIFTEEN FOOT TEMPORARY
CONSTRUCTION EASEMENTS WITHIN SALISBURY HEATHLAND -
SECTION A
Mr. Stith stated that the Board deferred the public hearings on
November 8, 2000 and December 20, 2000 to consider an ordinance
to vacate a fifty foot right of way known as Treport Road and
fifteen foot temporary construction easements within Salisbury
Heathland - Section A; and on January 10, 2001 held a public
hearing but deferred consideration of the ordinance. He
further stated that staff is recommending that consideration of
the ordinance be tabled indefinitely.
On motion of Mr. Barber, seconded by Mr. Miller, the Board
tabled consideration of an~ ordinance to vacate a fifty foot
right of way known as Treport Road and fifteen foot temporary
construction easements within Salisbury Heathland - Section A.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8. NEW BUSINESS
8oa.
AUTHORIZATION TO ADVERTISE TAX RATES FOR FY2002 BIENNIAL
FINANCIAL PLAN AND SET DATE FOR PUBLIC HEARINGS
Ms. Dickson stated that staff is requesting authorization to
advertise tax rates as outlined in the papers of this Board,
the Proposed FY2002 Biennial Financial Plan, the Proposed
Capital Improvement Plan, the Community Development Block Grant
Program, and the continued phase-in of the water connection fee
and accompanying utilities ordinance. She further sta%ed that
staff is requesting that the Board authorize the advertising of
a tax incentive for rehabilitated structures and introduced Mr.
Stegmaier to review this issue.
Mr. Stegmaier reviewed issues of the County's real estate tax
abatement program for structures in need of rehabilitation. He
stated that staff's recommendations for real estate tax
abatement for residential property include continuing the
program without a sunset provision; buildings 25 years or older
being eligible for the abatement; and certain buildings with
severe problems that would cause a depreciation of ten percent
above the normal range being eligible if they are between 15
and 25 years of age. He further stated that, in order to
qualify, the renovations must generate a ten percent increase
in the assessed value due to rehabilitation; buildings could be
increased in size up to 200 percent; the abatement would last
for eight years; and the $50 application fee would be
refundable upon completion of the project.
When asked, Mr. Stegmaier stated the proposed abatement will be
applied to the qualified total increase in value as a result of
the improvements. He then reviewed staff's recommendations for
real estate tax abatement for commercial property including
expanding the current program in the Enterprise Zone County-
wide; eligibility of structures outside the Enterprise Zone
that are 25 years or older; a requirement for 15 percent
increase in assessed value; the abatement would last for five
years; and the $50 application fee would be refundable upon
project completion. He noted that there is no application fee
in the Enterprise Zone. He stated that the ordinance would not
be limited to renovation, but would also allow structures to be
completely replaced at the same location up~ a 100 percent
increase in square footage. He noted that the Enterprise Zone
allows for a 110 percent increase in square footage.
Mr. Barber referenced several old commercial buildings that
have recently been replaced on Midlothian Turnpike and
expressed concerns relative to the abatement that these
property owners would be eligible for under the proposed
ordinance.
Mr. Stegmaier stated that the abatement for older buildings
that are replaced would be based on the increase in value of
the building.
Mr. Ramsey noted that there are limitations to the proposed
abatement including a maximum increase in square footage.
On motion of Mr. Warren, seconded by Mrs. Humphrey, the Board
authorized the advertisement of tax rates, Proposed FY2002
Biennial Financial Plan, FY2002-2007 Capital Improvement
Program, and other ordinance changes and set the date of March
21, 2001 at 7:00 p.m. for public hearings to consider these
items.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8.B. CONSENT ITEMS
8.B.1. ADOPTION OF RESOLUTIONS
8 .B.l.a.
RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF
EAGLE SCOUT
8.B.l.a.1. MR. GARRETT HUNTER JONES
On motion of Mr. Warren, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by Mr.
William Do Boyce on February 8, 1910, and was chartered by
Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges in
a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Garrett Hunter Jones, Troop 800, sponsored by
Bethel Baptist Church, has accomplished those high standards of
commitment and has reached the long-sought goal of Eagle Scout,
which is earned by only four percent of those individuals
entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Garrett has distinguished himself as a member of a new
Ol-93
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its congratulations
to Mr. Garrett Hunter Jones on his attainment of Eagle Scout,
and acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8.B.l.a.2. MR. ZACHARY OLIN DAVIS
On motion of Mr. Warren, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the Boy Scouts of America was incorporated by Mr.
William D. Boyce on February 8, 1910, and was chartered by
Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges in
a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Zachary Olin Davis, Troop 876, sponsored by
Mount Pisgah United Methodist Church, has accomplished those
high standards of commitment and has reached the long-sought
goal of Eagle Scout, which is earned by only four percent of
those individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Zach has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its congratulations
to Mr. Zachary Olin Davis on his attainment of Eagle Scout, and
acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8.B,l.b.
RECOGNIZING FIREFIGHTER KENNETH T M-fRICK, FIRE
AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON
HIS RETIREMENT
On motion of Mr. Warren, seconded, by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, Firefighter Kenneth T. Myrick will retire from
the Fire and Emergency Medical Services Department,
Chesterfield County, on February 1, 2001; and
01-94 02/21/01
WHEREAS, Firefighter Myrick attended Recruit School #3 in
1973 and has faithfully served the County for nearly twenty-
eight years in various assignments as a Firefighter at the
Chester Fire Station; as a Firefighter at the Technical
Services Unit; as a Firefighter at the Manchester Fire Station;
as a Firefighter at the Wagstaff Fire Station; and as a
Firefighter at the Matoaca Fire Station; and
WHEREAS, in August 1993, Firefighter Myrick was recognized
with a fire department award of dedication, for the development
and operation of the fire department sewing shop.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors recognizes the contributions of
Firefighter Kenneth T. Myrick, expresses the appreciation of
all residents for his service to the County, and extends their
appreciation for his dedicated service and their
congratulations upon his retirement.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8.B.1 c.
TO DEPARTMENT OF CORRECTIONS AlqD STATE BOARD OF
CORRECTIONS REQUESTING REIMBURSEMENT OF COSTS
RELATED TO RE-CONSTRUCTION OF THE COUNTY JAIL
On motion of Mr. Warren, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the Standards for Planning, Design, Construction
and Reimbursement of Local Correctional Facilities, effective
July 1, 1994, require in Section 2.1 Submission Schedule and
Method that a resolution be submitted to the Board of
Corrections requesting reimbursement for eligible construction
expenses; and
WHEREAS, the County of Chesterfield has submitted a
Community-Based Corrections Plan and is submitting a Planning
Study for the Chesterfield County Jail, as required by the
Standards; and
WHEREAS, the County is eligible for reimbursement of
eligible construction costs pursuant to Section 53.1-81 of the
Code of Virginia (1950), as amended.
NOW, THEREFORE BE IT RESOLVED, by the County of
Chesterfield that formal request is hereby made to the
Department of Corrections and State Board of Corrections for
the reimbursement of all eligible costs relative to the re-
construction of a 154 bed jail serving the County as identified
in the Community-Based Corrections Plan and the Planning Study
submitted to the Board of Corrections pursuant to Section 53.1-
81 of the Code of Virginia (1950), as amended.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8 .B.3 .
INITIATION OF AN APPLICATION TO AMEND A CONDITION OF
AN EXISTING SPECIAL EXCEPTION AT THE WINTERPOCK FIRE
STATION SO AS TO REDUCE THE REQUIRED BUFFER
On motion of Mr. Warren, seconded by Mr. Barber, the Board
initiated an application for the Board of Zoning Appeals to
amend a condition of an existing Special Exception so as to
01-95 02/21/01
reduce the required 50 foot buffer on the eastern side of the
Winterpock Fire Station site to 25 feet.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8.B.4. APPROVAL OF CHANGE ORDER FOR A DECREASE IN AMOUNT DUE
TO MODIFICATION IN THE QUANTITY OF RADIO EQUIPMmNT
On motion of Mr. Warren, seconded by Mr. Barber, the Board
authorized the County Administrator to approve Change Order
Number 12 to a contract with Motorola, Incorporated for a
decrease in the amount of $281,309 due to modification in the
quantity of radio equipment at the County's request.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8.B.5.
APPROVAL TO RETAIN PROFESSIONAL CONSULTANT SERVICES
TO ASSIST THE COUNTY WITH THE DESIGN, PURCI{ASE AND
IMPLEMENTATION OF AN INTEGRATED PUBLIC SAFETY
COMPUTER AIDED DISPATCH SYSTEM AND A MOBILE DATA
SYSTEM
On motion of Mr. Warren, seconded by Mr. Barber, the Board
authorized the County Administrator to execute a contract with
RCC Consultants, Incorporated, in an amount not to exceed
$342,000, for professional consultant services to assist the
County with the design, purchase and implementation of an
Integrated Public Safety Computer Aided Dispatch System and a
Mobile Data System.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8.B.6. TRANSFER OF DISTRICT IMPROVEMENT FU1N-DS
8.B.6.a.
FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE
CHESTERFIELD PUBLIC LIBRARY FOR PURCHASE AND
INSTALLATION OF COMPUTER WORKSTATIONS
On motion of Mr. Warren, seconded by Mr. Barber, tke Board
transferred $3,500 from the Matoaca District Improvement Fund
to the Chesterfield Public Library for the purchase and
installation of computer workstations at the Ettrick-~Matoaca
Library.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8.B.6 .b.
FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO THE
PARKS AND RECREATION DEPARTMENT FOR PURCHASE OF
MATERIALS TO BUILD A PRESS BOX AT CRENSHAW
ELEMENTARY SCHOOL
On motion of Mr. Warren, seconded by Mr. Barber, the Board
transferred $2,500 from the Matoaca District Improvement Fund
to the Parks and Recreation Department for the purchase of
01-96 02/21/01
materials needed to construct a press
Elementary School.
box at
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
Crenshaw
8.B.7,
AWARD OF A REQUIREMENT CONTRACT FOR A PHYSICIAN
TO PROVIDE MEDICAL SERVICES TO INMATES OF THE
CHESTERFIELD COUNTY JAIL
On motion of Mr. Warren, seconded by Mr. Barber, the Board
awarded a contract for the provision of medical services to
inmates at the County Jail to Lornel G. Tompkins, M.D. for a
fee of $187,020 for the first year, which shall be renewable
for four additional years, and authorized the County
Administrator to execute the required documents, approved as to
form by the County Attorney.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8.B.8.
APPROVAL OF CF~ANGES IN THE SECONDARY SYSTEM OF
STATE HIGRT~AYS
8.B.8.a.
FOR WALTON PARK ROAD, NORTH WOOLRIDGE ROAD, WALTON
PARK LANE AND CHARTER COLONY PARKWAY
On motion of Mr. Warren, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, a sketch has been prepared for the Board of
Supervisors which depicts abandonments required in the
secondary system of state highways as a result of the
construction of North Woolridge Road, State Route 668, a
portion of Walton Park Road, State Route 624, and a portion of
Walton Park Lane, which sketch is incorporated herein by
reference; and
WHEREAS, the portions of Walton Park Lane (previously
Walton Park Road), State Route 624, identified to be abandoned
no longer serve a public need; and
WHEREAS, North Woolridge Road, State Route 668, and a
portion of Walton Park Road, State Route 624, have been
constructed and serve the same citizens as the portions of
Walton Park Lane (previously Walton Park Road), State Route
624, identified to be abandoned.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
hereby orders the portions of roads identified as segment C-B,
Walton Park Lane (previously Walton Park Road), State Route
624, a distance of 0.09 miles and segment E-D, Walton Park Lane
(previously Walton Park Road), State Route 624, a distance of
0.08 miles, as shown on the incorporated sketch, abandoned as
part of the secondary system of state highways, pursuant to
~33.1-155, Code of Virginia.
AND, BE IT FURTHER RESOLVED, the Board of Supervisors does
hereby request that the Commonwealth Transportation
Commissioner certify, in writing, that the portions of Walton
Park Lane (previously Walton Park Road) hereby abandoned are no
longer deemed necessary for uses of the secondary system of
state highways pursuant to §33.1-154 of the Code of Virginia.
0 -97 02/2 /0
Type Chan.qe to the Secondary System of State Highways: Abandonment.
Basis for Change: Deduction, Abandonment, §33.1-155 (Project related)
Statutory Reference: §33.1-155
Project: N. Woolridge Road-0668020294CS01
· Walton Park Lane (Previously Walton Park Road), State Route Number: 624
From: .09 Mi. S. of North Woolridge Rd., (Rt. 668)
To: North Woolridge Rd., (Rt. 668), a distance of: 0.09 miles.
· Walton Park Lane (Previously Walton Park Road), State Route Number: 624
From: Walton Park Rd., (Rt. 624)
To: .08 Mi. N. of Walton Park Rd., (Rt. 624), a distance of: 0.08 miles.
And, further, the
WHEREAS, the
recorded in the
Chesterfield; and
WHEREAS, the Resident Engineer for the
Board adopted the following resolution:
streets described below are shown on plats
Clerk's Office of the Circuit Court of
Virginia Department
of Transportation has advised the Board of Supervisors these
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
requests the Virginia Department of Transportation to add the
streets described below to the secondary system of state
highways, pursuant to §33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that the Board of Supervisors
guarantees the right-of-way, and any necessary easements for
cuts, fills and drainage, which were acquired by the County for
Project 0668020294C501.
AND, BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Chan.qe to the Secondary System of State Hi.qhways: Addition
Basis for Change:
Addition, New subdivision street
Statutory Reference: §33.1-229
Project:
From:
To:
·
From:
To:
·
From:
To;
From:
To:
N. Woolridge Road-0668020294CS01
North Woolridge Road, State Route Number: 668
Coalfield Rd., (Rt. 754)
Walton Park Rd., (Rt. 624), a distance of: 1.03 miles.
North Woolridge Road, State Route Number: 668
Walton Park Rd., (Rt. 624)
Midlothian Turnpike (Rt. 60), a distance of: 0.22 miles.
Walton Park Lane, State Route Number: 624
Walton Park Rd., (Rt. 624)
.03 Mi. N. of Walton ParkRd., a distance of: 0.03 miles.
Walton Park Lane, State Route Number: 624
.03 Mi. N. of Walton Park Rd., (Rt. 624)
Cul-de-sac, a distance of: 0.11 miles.
01-98 02/21/01
·
From:
To:
·
From:
To:
,
Walton Park Road, State Route Number: 624
North Woolridge Rd., (Rt. 668)
.08 Mi. E. of North Woolridge Rd., (Rt. 668), a distance of: 0.08 miles.
Walton Park Road, State Route Number: 624
.08 Mi. E. of North Woolridge Rd., (Rt. 668)
.14 Mi. S. of North Woolridge Rd., (Rt. 668), a distance of: 0.06 miles.
Type Chanqe to the Secondary System of State Hiqhways: Addition
Basis for Change: Addition, Access Project (Industrial, §33.1-211)
Statutory Reference: §33.1-229, §33.1-221
Project: Charter Colony Parkway and N. Woolridge Road
· Charter Colony Parkway, State Route Number: 950
From: Existing Charter Colony Py (Rt. 950)
To: North Woolridge Rd., (Rt.668), a distance of: 0.2~ miles.
· North Woolridge Road, State Route Number: 668
From: Charter Colony Py., (Rt. 950)
To: Coalfield Rd., (Rt. 754), a distance of: 0.32 miles.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8.B.8.b. FOR FARN-HAM DRIVE
On motion of Mr. Warren, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, a sketch has been prepared for the Board of
Supervisors which depicts abandonments required in the
secondary system of state highways as a result of the
relocation of portions of Farnham Drive, State Route 2561,
which sketch is incorporated herein by reference; and
WHEREAS, the portions of Farnham Drive, State Route 2561,
identified to be abandoned no longer serve a public need; and
WHEREAS, Farnham Drive has been relocated and serves the
same citizens as the portions of Farnham Drive, State Route
2561, identified to be abandoned.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
hereby orders the portions of roads identified as segment B-E,
a distance of 0.09 miles and segment H-F, a distance of 0.12
miles, Farnham Drive, State Route 2561, as shown on the
incorporated sketch abandoned as part of the secondary system
of state highways, pursuant to §33.1-155, Code of Virginia.
AND, BE IT FURTHER RESOLVED, the Board of Supervisors does
hereby request that the Commonwealth Transportation
Commissioner certify, in writing, that the portions of Farnham
Drive hereby abandoned are no longer deemed necessary for uses
of the secondary system of state highways pursuant to §33.1-154
of the Code of Virginia.
Type Chan.qe to the Secondary System of State Hi,qhways: Abandonment
Basis for Change:
Deduction, Abandonment, §33.1-155 (Project related)
Statutory Reference:
§33.1-155
Project:
Farnham Drive, Fairways Villas
01-99 02/21/01
From:
To:
From:
To:
And,
WHEREAS,
recorded in
Chesterfield;
WHEREAS,
the
the
and
Farnham Drive, State Route Number: 2561
Description:
0.06 Miles South of Midlothian Tk., (Rt. 60)
0.15 Miles South of Midlothian Tk., (Rt. 60), a distance of: 0.09 miles.
Description:
0.03 Miles West of Summerfield Dr, (Rt. 2576)
0.15 Miles West of Summerfield Dr, (Rt. 2576), a distance of: 0.12 miles.
further, the Board adopted the following resolution:
streets described below are shown on plats
Clerk' s Office of the Circuit Court of
the Resident Engineer for the Virginia Department
of Transportation has advised the Board of Supervisors these
streets meet the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
requests the Virginia Department of Transportation to add the
streets described below to the secondary system of state
highways, pursuant to §33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that the Board of Supervisors
guarantees a clear and unrestricted right-of-way and any
necessary easements for cuts, fills and drainage as described.
AND, BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Chan.qe to the Secondary System of State Hi.qhways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: §33.1-229
Project: Farnham Drive, Fairways Villas
· Farnham Drive, State Route Number: 2561
· Description:
From: 0.06 Miles South of Midlothian Turnpike, (Rt. 60)
To: Farnham Drive (Rt. 2561) 0.05 Miles North of Cul-de-sac, a distance of 0.06 miles
Right of way record was filed on 9/15/99 with the Office Of Clerk To Circuit Court in Deed Book 3671; Page 304,
with a width of 80',
From:
To:
Description:
0.12 Miles South of Midlothian Turnpike, (Rt. 60)
Cul-de-sac, a distance of 0.05 miles
Right of way record was filed on 9/15/99 with the Office Of Clerk To Circuit Court in Deed Book 3671; Page 304,
with a width of 80'.
· Description:
From: 0.12 Miles South of Midlothian Turnpike, (Rt. 60)
To: 0.04 Miles East to existing Farnham Drive (Rt 256'1), a distance of 0.04 miles
Right of way record was filed on 9/15/99 with the Office Of Clerk To Circuit Court in Deed Book 3671; Page 304,
01-100 02/21/01
with a width of 60' - 80'.
Description:
From: 0.03 Miles West of Summerfield Drive, (Rt. 2576)
To: 0.10 Miles West of Summerfield Drive, (Rt. 2576), a distance of 0.07 miles
Right of way record was filed on 8/16/99 with the Office Of Clerk To Circuit Court in Deed Book 3648; Page 286,
with a width of 60'.
· Description:
From: 0.10 Miles West of Summerfield Drive, (Rt. 2576)
To: 0.06 Miles West of existing Farnham Drive, (Rt. 2561), a distance of 0.06 miles
Right of way record was filed on 9/15/99 with the Office Of Clerk To Circuit Court in Deed Book 3671; Page 304,
with a width of 60'.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8.B.9. REQUESTS TO QUITCLAIM
8.B.9 .a.
FOR A SIXTEEN FOOT DRAINAGE EASEMENT ACROSS THE
PROPERTY OF GOLD CREST, L.L,C.
On motion of Mr. Warren, seconded by Mr. Barber, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
sixteen foot drainage easement (private) across the property of
Gold Crest, L.L.C. (It is noted a copy of the plat is filed
with the papers of this Board.)
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8.B.9.b.
FOR A PORTION OF A SIXTEEN FOOT DRAINAGE EASEMENT
ACROSS THE PROPERTY OF WILLIAM B. DUVAL AlqD GENE
DUVAL
On motion of Mr. Warren, seconded by Mr. Barber, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
portion of a sixteen foot drainage easement (public) across the
property of William B. DuVal and Gene H. DuVal. (It is noted
a copy of the plat is filed with the papers of this Board.)
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8.B.9.c.
FOR A SIXTEEN FOOT TEMPORARY BMP ACCESS EASEMENT
ACROSS THE PROPERTY OF FOREST LAKE ASSOCIATES,
L.L.C.
On motion of Mr. Warren, seconded by Mr. Barber, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate a
sixteen foot temporary BMP access easement across the property
of Forest Lake Associates, L.L.C. (It is noted a copy of the
plat is filed with the papers of this Board.)
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
02/2 /0
8.B.10. STATE ROAD ACCEPTANCE
On motion of Mr. Warren, seconded by Mr. Barber, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia Department
of Transportation has advised this Board the streets meet the
requirements established by the Subdivision Street Requirements
of the Virginia Department of Transportation.
NOW, THEREFORE BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to ~ 33.1-229, Code of Virginia, and the Department's
Subdivision Street Requirements.
AND, BE IT FURTHER RESOLVED, that this Board guarantees a
clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of this
resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Type Chan.qe to the Secondary System of State Hi.qhways: Addition
Basis for Change: Addition, New subdivision street
Statutory Reference: {}33.1-229
Project: Savannah Trace, Section 2
· Casey Savannah Lane, State Route Number: 3939
From: Iron Ore Wy., (Rt. 3939)
To: Steven Hill Dr., ( Rt. 3898), a distance of: 0.14 miles.
Right-of-way record was filed on 8/7/1998 with the Office Of Clerk To Circuit Court in Pb. 99; Pg. 83,
with a width of 40 Ft.
· Steven Hill Court, State Route Number: 3899
From: Steven Hill Dr., (Rt. 3898)
To: Cul-de-sac, a distance of: 0.03 miles.
Right-of-way record was filed on 8/7/1998 with the Office Of Clerk To Circuit Court in Pb. 99; Pg. 83,
with a width of 40 Ft.
· Steven Hill Drive, State Route Number: 3898
From: Casey Savannah Ln., (Rt. 3939)
To: 0.06 Mi. W. of Casey Savannah Ln., (Rt. 3939), a distance of: 0.06 miles.
Right-of-way record was filed on 8/7/1998 with the Office Of Clerk To Circuit Court in Pb. 99; Pg. 83,
with a width of 40 Ft.
· Steven Hill Drive, State Route Number: 3898
From: Casey Savannah Ln., (Rt. 3939)
To: Steven Hill Ct., (Rt. 3899), a distance of: 0.10 miles.
Right-of-way record was filed on 8/7/1998 with the Office Of Clerk To Circuit Court in Pb. 99; Pg. 83,
with a width of 40 Ft.
01-102 02/21/01
· Steven Hill Drive, State Route Number: 3898
From: Steven Hill Ct., (Rt. 3899)
To: Cul-de-sac, a distance of: 0.04 miles.
Right-of-way record was filed on 8/7/1998 with the Office Of Clerk To Circuit Court in Pb. 99; Pg. 83,
with a width of 40 Ft.
And, further, the Board adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia Department
of Transportation has advised this Board the streets meet the
requirements established by
of the Virginia Department
NOW, THEREFORE BE
the Virginia Department
described below to the
pursuant to § 33.1-229,
the Subdivision Street Requirements
of Transportation.
IT RESOLVED, that this Board requests
of Transportation to add the streets
secondary system of state highways,
Code of Virginia, and the Department's
Basis for Change:
Statutory Reference:
Project:
From:
To:
Subdivision Street Requirements.
AND, BE IT FURTHER
clear and unrestricted
necessary easements for
AND, BE IT FURTHER
resolution be forwarded to the Resident
Virginia Department of Transportation.
Type Chan.qe to the Secondary System of State Hiqhways: Addition
Addition, New subdivision street
§33.1-229
Chesdin Park, Section 1
Chesdin Park Drive, State Route Number: 4282
River Rd., (Rt. 602)
Chesdin Park Tn., (Rt. 4283), a distance of: 0.14 miles.
RESOLVED, that this Board guarantees a
right-of-way, as described, and any
cuts, fills and drainage.
RESOLVED, that a certified copy of this
Engineer for the
Right-of-way record for .010 miles was filed on 5/17/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg.4,
with a width of 50 ft.
Right-of-way record for 0.04 miles was filed on 5/19/1976 with the Office Of Clerk To Circuit Court in Pb. 26; Pg.51,
with a width of 50 ft.
· Chesdin Park Drive, State Route Number: 4282
From: Chesdin Park Tn., (Rt. 4283)
To: Cul-de-sac, a distance of: 0.11 miles.
Right-of-way record was filed on 5/17/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg.4,
with a width of 50 ft.
· Chesdin Park Turn, State Route Number: 4283
From: Chesdin Park Dr., (Rt. 4282)
To: Cul-de-sac, a distance of: 0.05 miles.
Right-of-way record was filed on 5/17/1999 with the Office Of Clerk To Circuit Court in Pb. 105; Pg.4,
with a width of 50 ft.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
o - o3 o2/2 /o
8.B.11.
CONVEYANCE OF AN EASEMENT TO VIRGINIA ELECTRIC AND
POWER COMPANY TO INSTALL UNDERGROUND POWER LINES TO
PROVIDE POWER FOR THE EXPANSION OF THE JUVENILE
DETENTION CENTER
On motion of Mr. Warren, seconded by Mr. Barber, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute an easement agreement with
Virginia Electric and Power Company to install underground
power lines to provide power for the expansion of the Juvenile
Detention Center located at 9600 Krause Road. (It is noted a
copy of the plat is filed with the papers of this Board.)
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8.B.12. APPROVAL OF WATER CONTRACT FOR STONEY GLEN SOUTH
OFF-SITE WATER LINE
On motion of Mr. Warren, seconded by Mr. Barber, the Board
approved the following water contract, which includes 2,763
L.F. ± of sixteen inch oversized water lines:
Developer:
Contractor:
Reed's Landing Corporation
R.M.C. Contractors
Contract Amount:
Estimated County Cost for Oversizing... $67,496.00
Estimated Developer Cost ............... $67,534.00
Estimated Total ........................ $135,030.00
Code: (Refunds thru Connections - Oversizing)
District: Bermuda
5B-572VO-E4C
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8.B,13. RESCHEDULE A PUBLIC HEARING REGARDING AN ORDINANCE
TO REQUIRE A BMP MAINTENANCE FEE ON DEVELOPERS TO
THE BOARD'S MARCH 14, 2001 MEETING
On motion of Mr. Warren, seconded by Mr. Barber, the Board
rescheduled a public hearing to consider an ordinance to
require a BMP maintenance fee on developers from February 28,
2001 to March 14, 2001.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8.B.14. REQUESTS FOR PERMISSION
8.B.14.a.
FROM DENNIS M. ARENDALL AND DONNA D. ARENDALL
FOR A CONCRETE DRIVEWAY TO ENCROACH WITHIN A
SIXTEEN FOOT EASEMENT ACROSS LOT 19, BLOCK O,
STONEHENGE, SECTION C
On motion of Mr. Warren, seconded by Mr. Barber, the Board
approved a request from Dennis M. Arendall and Donna D.
Oi-i04 02/21/0i
Arendall for a concrete driveway to encroach within a sixteen
foot easement across Lot 19, Block Q, Stonehenge, Section C,
subject to the execution of a license agreement. (It is noted
a copy of the vicinity sketch is filed with the papers of this
Board.)
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8.B.14.b.
FROM FRANK M. CASTAN0 AND COLLEEN Q CASTANO FOR
AN ASPHALT DRIVEWAY AND LANDSCAPING TO ENCROACH
WITHIN A TWENTY-FIVE FOOT SEWER AND DRAINAGE
EASEMENT AND A TEN FOOT EASEMENT ACROSS LOT 31,
WARFIELD ESTATES, SECTION E
On motion of Mr. Warren, seconded by Mr. Barber, the Board
approved a request from Frank M. Castano and Colleen Q. Castano
to have an asphalt driveway and landscaping encroach within a
twenty-five foot sewer and drainage easement and a ten foot
easement across Lot 31, Warfield Estates, Section E, subject to
the execution of a license agreement. (It is noted a copy of
the vicinity sketch is filed with the papers of this Board.)
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8 B.14.c.
FROM BARRY A AND DEBORAH A. DELOZIER FOR AN
EXCEPTION TO THE USE OF PUBLIC WASTEWATER FOR A
PROPOSED RESIDENTIAL STRUCTURE LOCATED ON OLD
HAPPY HILL ROAD ADJACENT TO THE STONEY GLEN WEST
DEVELOPMENT
On motion of Mr. Warren, seconded by Mr. Barber, the Board
approved a request from Barry A. and Deborah A. Delozier for an
exception to the use of public wastewater for a proposed
residential structure located at 13100 Old Happy Hill Road.
(It is noted a copy of the plat is filed with the papers of
this Board.)
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8 .B.14.d.
FROM LOUIS R, LOWERY AND MERELDYN C. LOWERY FOR
AN EXISTING FENCE TO ENCROACH WITHIN A SIXTEEN
FOOT DRAINAGE EASEMENT AND A SIXTEEN FOOT EASEMENT
ACROSS LOT 37, SOUTHCREEK, SECTION 3
On motion of Mr. Warren, seconded by Mr. Barber, the Board
approved a request from Louis R. Lowery and Mereldyn C. Lowery
for an existing fence to encroach within a sixteen foot
drainage easement and a sixteen foot easement across Lot 37,
Southcreek, Section 3, subject to the execution of a license
agreement. (It is noted a copy of the vicinity sketch is filed
with the papers of this Board.)
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
01-105
02/21/01
8.B.15 ACCEPTANCE OF PARCELS OF LAND
8.B.15.a.
ALONG THE WEST RIGHT OF WAY LINE. OF HENSLEY ROAD
FROM EUGENE C. AUTRY AND K. REED SCHWEICKERT, JR.
On motion of Mr. Warren, seconded by Mr. Barber, the Board
accepted the conveyance of two parcels of land containing 0.136
acres and 0.259 acres along the west right of way line of
Hensley Road (State Route 659) from Eugene C. Autry and K. Reed
Schweickert, Jr., and authorized the County Administrator to
execute the necessary deed. (It is noted a copy of the plat is
filed with the papers of this Board.)
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8 .B.15.b.
ALONG THE NORTH RIGHT OF WAY LINE OF EGEE DRIVE,
THE EAST RIGHT OF WAY LINE OF QUAIL OAKS AVENUE,
THE SOUTH RIGHT OF WAY LINE OF PERLOCK ROAD, AND
THE WEST RIGHT OF WAY LINE OF JEFFERSON DAVIS
HIGHWAY FROM BAILEY FUTURES, L.L.C.
On motion of Mr. Warren, seconded by Mr. Barber, the Board
accepted the conveyance of a parcel of land containing 0.317
acres along the north right of way line of Egee Drive (State
Route 1417), the east right of way line of Quail Oaks Avenue
(State Route 1418), the south right of way line of Perlock Road
(State Route 1416) and the west right of way line of Jefferson
Davis Highway (State Route 1 and 301) from Bailey Futures,
L.L.C., and authorized the County Administrator to execute the
necessary deed. (It is noted a copy of the plat is filed with
the papers of this Board.)
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8.B.16.
AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH
RICHMOND REGIONAL PLANNING DISTRICT COMMISSION
FOR UTILIZATION OF PASS-THROUGH PL AND STATE
FUNDS, APPROPRIATION OF ANTICIPATED PL AND STATE
REIMBURSEMENTS, AND TRANSFER OF FUNDS
On motion of Mr. Warren, seconded by Mr. Barber, the Board
authorized the County Administrator to enter into an agreement
with the Richmond Regional Planning District Commission (RRPDC)
for utilization of Pass-Through PL and State funds;
appropriated $49,127 in anticipated Pass-Through PL and State
reimbursements; and transferred funds in the amount of $9,056
from the 288 North Corridor Study for the local match to
complete an accurate Thoroughfare Plan in the County's GIS
system.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8.B.17.
EXTENSION OF THE TIME FOR PLANNING COMMISSION
RECOMMENDATIONS ON CODE AMENDMENTS RELATING TO
MASSAGE THERAPISTS AND CLINICS
On motion of Mr. Warren, seconded by Mr. Barber, the Board
granted the Planning Commission an extension of time until
October 16, 2001, to make its recommendation on the Zoning
01-106 02/21/0~
Ordinance and other Code amendments relating to massage
therapists and massage clinics.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
The following items were pulled from the Consent Agenda for
Board discussion:
8.B.18 INITIATION OF A CONDITIONAL USE APPLICATION FOR MR.
AND MRS. WILLIAM J, JOHNSON TO PERMIT A SECOND
DWELLING UNIT ON SUMMERCLIFF TERRACE
Mr. Jacobson stated that, when staff reviewed the building
permit application for the subject property, they failed to
recognize that a conditional use permit was necessary;
therefore, staff is recommending that the Board initiate the
application on behalf of the property owners.
Mr. Miller expressed concerns relative to Summerford Community
Association's restrictive covenants that might prohibit a
second dwelling unit on the subject property.
Mr. Barber expressed concerns relative to categorizing
neighborhood associations' restrictive covenants in an effort
to prevent future errors by staff.
Mr. Stith stated that staff has been studying the issue of
notifying homeowners relative to restrictive covenants and
indicated that, generally, the realtor is obligated to provide
the purchaser with a list of restrictive covenants at the time
of sale.
Mr. Miller stated that, often, the purchaser is not made aware
of the restrictive covenants until after they have signed the
contract.
Mr. Stith stated that staff has explored the possibility of
placing a note on the building permit indicating that the
property is subject to restrictive covenants.
Mr. Barber stated that he feels the real issue is not with new
homes, but with additions to existing homes. He further stated
that he feels it would be advantageous for staff to provide
information regarding restrictive covenants whenever possible.
Mrs. Humphrey expressed concerns relative to notification of
the Summerford Community Association relative to the issue and
indicated that she would be more comfortable knowing that the
residents were not opposed.
Mrs. Humphrey then made a motion, seconded by Mr. Warren, for
the Board to defer the initiation of a conditional use
application for Mr. and Mrs. William J. Johnson to permit a
second dwelling unit (mother-in-law suite) at 14009 Summercliff
Terrace until March 21, 2001.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
8 .B.2.
APPROVAL OF EXTENSION OF ORIGINAL ADVANCE TO THE
CHESTERFIELD HEALTH CENTER COMMISSION AND
APPROPRIATION OF ADDITIONAL ADVANCE
Mr. Barber expressed concerns relative to authorizing the
appropriation of additional funding for the Health Center
01-107
Commission with little or no opportunity for repayment in the
near future.
Mr. Hammer stated that the Health Center Commission's cash flow
issue stems from the delay in construction of the new building
and the assisted living facility. He further stated that staff
of the Health Center Commission and the County Attorney's
Office are coordinating activities relative to either potential
litigation or settlement of the construction contract. He
stated that the cash flow issue would be resolved with
resolution of the construction contract. He further' stated
that restrooms in the renovated units of the assisted living
facility are awaiting repair by the contractor and indicated
that, once the restroom repairs are complete, the facility will
be available for occupancy.
When asked, Mr. Hammer stated that the 64 percent occupancy
rate is of the total project including the unavailable rooms.
He further stated that, once the work is complete, it should
take approximately six to seven months for the occupancy rate
of the assisted living facility to reach 90 percent.
There was brief discussion relative to the restroom repairs
that need to be completed.
Mr. Hammer indicated that he is optimistic that, with the
County Attorney's assistance, the issue will be satisfactorily
settled.
Mr. Ramsey stated that, if the issue is not settled and
litigation occurs, the cash flow situation will continue. He
further stated that staff's projections indicate that, once the
facility is in full operation, it will be profitable. He
stated that staff's projections be provided to the Board.
Discussion, questions and comments ensued relative to deferring
consideration of the issue.
Mr. Miller requested that the Board be advised in a closed
session relative to potential litigation of the construction
contract.
On motion of Mrs. Humphrey, seconded by Mr. Miller, the Board
deferred the request for a second extension of the advance to
the Chesterfield Health Center Commission from a repayment date
of January 15, 2001 to January 15, 2002, and the request for
appropriation of an additional $300,000 advance with a January
15, 2002 repayment date until February 28, 2001.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
9. HEARINGS OF CITIZENS ON UNSCHEDULED MATTERS OR CLAIMS
There were no hearings of citizens on unscheduled matters or
claims at this time.
10. REPORTS
On motion Mr. Warren, seconded by' Mrs. Humphrey, the Board
accepted the following reports:
A report on Developer Water and Sewer Contracts and a Status
Report on the General Fund Balance, Reserve for Future Capital
Projects, District Improvement Funds and Lease Purchases.
o1-~o8 02/2~/01
And, further, the following roads were accepted into the State
Secondary System:
ABANDONMENTS
LENGTH
0655-020-304, M501 - SEGMENT A-B (Effective 1/11/01)
Lori Road (Route 655) - From 0.08 Mile
East of Frith Lane (Route 4793) to
Iron Bridge Road (Route 10)
-0.08 Mi
0655-020-304, M501 - SEGMENT C-D
Lucy Corr Court (Route 4795) - From 0.42
Mile West of Courthouse Road (Route 2099)
to 0.27 Mile West of Courthouse Road
(Route 2099)
-0.15 Mi
CONTINENTAL BOULEVARD (Effective 1/30/01)
Continental Boulevard (Route 926) - From
Touchstone Drive (Route 927) to Cul-de-sac
-0.07 Mi
MICHAUX CREEK, SECTION F
Michaux View Way (Route 977) - From 0.07 Mile
East of Michaux Ridge Court (Route 979) to
0.08 Mile East of Michaux Ridge Court (Route
979)
-0.01 Mi
ADDITIONS
0655-020-304, M501 - SEGMENT C-H (Effective 1/11/01)
Lucy Corr Court (Route 4795) - From Lucy Corr
Boulevard (Route 4794) to 0.27 Mile West of
Courthouse Road (Route 2099)
0.03 Mi
0655-020-304, M501 - SEGMENT E-H
Lucy Corr Boulevard (Route 4794) - From Lucy
Corr Court (Route 4795) to Iron Bridge Road
(Route 10)
0.29 Mi
0655-020-304, M501 - SEGMENT F-G
Frith Lane (Route 4793) - From 0.11 Mile South
of Iron Bridge Road (Route 10) to Iron Bridge
Road (Route 10)
0.11 Mi
0655-020-304, M501 - SEGMENT H-D
Lucy Corr Boulevard (Route 4794) - From 0.40
Mile East of Iron Bridge Road (Route 10) to
Lucy Corr Court (Route 4795)
0.11 Mi
ASHBROOK, SECTION 10 (Effective 1/29/01)
Fern Hollow Court (Route 4254) - From Fern
Hollow Drive (Route 4253) to Cul-de-sac
0.04 Mi
Fern Hollow Drive (Route 4253) - From
Fernway Drive (Route 4237) to Cul-de-sac
0.05 Mi
Fern Hollow Drive
Fern Hollow Court
Drive (Route 4237)
Route 4253
Route 4254
- From
to Fernway
Fern Hollow Drive Route 4253
Winding Ash Drive Route 4219
Hollow Court (Route 4254)
- From
to Fern
Fernway Drive (Route 4237) - From Fern
Hollow Drive (Route 4253) to Fernway
Place (Route 4252)
Fernway Drive (Route 4237) - From Fernway
Place (Route 4252) to Blue Cedar Drive
(Route 4235)
Fernway Place (Route 4252) - From Fernway
Drive (Route 4237) to Cul-de-sac
Winding Ash Drive (Route 4219) - From Sandy
Banks Drive (Route 4209) to Barricade
CAMELOT FOREST
Friar Ridge Drive (Route 4537) - From Friar
Tuck Court (Route 4539) to Temporary Cul-de-sac
Friar Ridge Drive (Route 4537) - From Cul-de-sac
to Sherwood Forest Drive (Route 4536)
Friar Ridge Drive (Route 4537) - From Sherwood
Forest Drive (Route 4536) to Friar Tuck Court
(Route 4539)
Friar Tuck Court (Route 4539) - From Friar
Ridge Drive (Route 4537) to Cul-de-sac
Sherwood Forest Drive (Route 4536) - From
Kingsland Road (Route 611) to Friar Ridge
Drive (Route 4537)
Sherwood Forest Drive (Route 4536) - From
Friar Ridge Drive (Route 4537) to Sherwood
Forest Trail (Route 4538)
Sherwood Forest Terrace (Route 4538) - From
Sherwood Forest Drive (Route 4536) to
Cul-de-sac
Sherwood Forest Terrace (Route 4538) - From
Cul-de-sac to Sherwood Forest Drive (Route
4536)
FIVE FORKS VILLAGE, PHASE 3
Mill River Court (Route 5347) - From Mill River
Trace (Route 5346) to Cul-de-sac
Mill River Lane (Route 5345) - From Five Forks
Lane (Route 5320) to Mill River Trace (Route
5346)
Mill River Lane (Route 5345) - From Mill River
Trace (Route 5346) to Cul-de-sac
0.07 Mi
0.08 Mi
0.06 Mi
0.09 Mi
0.O5 Mi
0.09 Mi
0.08 Mi
0.04 Mi
0.05 Mi
0.06 Mi
0.17 Mi
0.09 Mi
0.04 Mi
0.03 Mi
0.06 Mi
0.07 Mi
0.10 Mi
01-110 02/21/01
Mill River Trace Route 5346) - From Mill River
Lane (Route 5345) to Mill River Court (Route
5347
Mill River Trace Route 5346) - From Mill River
Court (Route 5347 to Cul-de-sac
HAMPTON PARK, SECTION 2
Hampton Glen Court (Route 5246) - From Hampton
Glen Drive (Route 5195) to Cul-de-sac
Hampton Glen Drive (Route 5195) - From Hampton
Glen Lane (Route 5245) to Hampton Glen Place
(Route 5247)
Hampton Glen Drive (Route 5195) - From Hampton
Glen Place (Route 5247) to Existing Hampton
Glen Drive (Route 5195)
Hampton Glen Drive (Route 5195) - From Hampton
Summit Drive (Route 5240) to Hampton Glen Lane
(Route 5245)
Hampton Glen Lane (Route 5245) - From Hampton
Glen Drive (Route 5195) to Otterdale Road
(Route 667)
Hampton Glen Place (Route 5247) - From Hampton
Glen Drive (Route 5195) to Cul-de-sac
Hampton Summit Circle (Route 5244) - From Hampton
Summit Drive (Route 5240) to Hampton Summit Drive
(Route 5240)
Hampton Summit Court (Route 5242) - From Hampton
Summit Drive (Route 5240) to Cul-de-sac
Hampton Summit Drive (Route 5240) - From Hampton
Summit Court (Route 5242) to'Hampton Summit Trail
(Route 5243)
Hampton Summit Drive (Route 5240 - From Hampton
Summit Circle (Route 5244) to Hampton Summit
Lane (Route 5193)
Hampton Summit Drive (Route 5240) - From Hampton
Summit Trail (Route 5243) to Hampton Glen Drive
(Route 5195)
Hampton Summit Drive (Route 5240) - From Hampton
Summit Place (Route 5241) to Hampton Summit Court
(Route 5242)
Hampton Summit Drive (Route 5240 - From Hampton
Summit Circle (Route 5244) to Hampton Summit Place
(Route 5241)
Hampton Summit Drive (Route 5240 - From Hampton
Summit Lane (Route 5193) to Hampton Summit Circle
(Route 5244)
Hampton Summit Drive (Route 5240 - From Hampton
Glen Drive (Route 5195) to Hampton Summit Circle
(Route 5244)
0.05 Mi
0.08 Mi
0.04 Mi
0.09 Mi
0.03 Mi
0.04 Mi
0.06 Mi
0.05 Mi
0.06 Mi
0 03 Mi
0 08 Mi
0 02 Mi
0 10 Mi
0 06 Mi
0 06 Mi
0 02 Mi
0 05 Mi
01-111 02/21/01
Hampton Summit Lane (Route 5193) - From Existing
Hampton Summit Lane (Route 5193) to Hampton Summit
Drive (Route 5240)
0.03 Mi
Hampton Summit Place (Route 5241) - From Hampton
Summit Drive (Route 5240) to Cul-de-sac
0.04 Mi
Hampton Summit Terrace (Route 5243) - From
Hampton Summit Drive (Route 5240) to Cul-de-sac
0.04 Mi
HAWKINS WOODS, SECTION 1 AT THE GROVE (Effective 1/31/01)
Grove Hill Road Route 5471) - From Hawkins
Wood Lane (Route 5474) to 0.34 Mile West of
Cul-de-sac
0.11 Mi
Grove Hill Road Route 5471) - From Coalfield
Road (Route 754) to Hawkins Wood Lane (Route 5474)
0.13 Mi
Grove Hill Road Route 5471) - From 0.24 Mile
East of Coalfield Road (Route 754) to Cul-de-sac
0.23 Mi
Hawkins Wood Circle (Route 5472) - From Hawkins
Wood Court (Route 5473) to Hawkins Wood Court
(Route 5473)
0.02 Mi
Hawkins Wood Circle (Route 5472) - From Hawkins
Wood Lane (Route 5474) to Hawkins Wood Court
(Route 5473)
0.06 Mi
Hawkins Wood Circle (Route 5472) - From Hawkins
Wood Lane (Route 5474) to Cul-de-sac
0.05 Mi
Hawkins Wood Circle (Route 5472) - From Hawkins
Wood Court (Route 5473) to Cul-de-sac
0.06 Mi
Hawkins Wood Court (Route 5473) - From Hawkins
Wood Circle (Route 5472) to Hawkins Wood Circle
(Route 5472)
0.05 Mi
Hawkins Wood Lane (Route 5474) - From Grove
Hill Road (Route 5471) to Hawkins Wood Circle
(Route 5472)
0.09 Mi
HOLLYMEADE, SECTION A
Lockberry Ridge Drive (Route 4392) - From Salem
Church Road (Route 642) to Lockberry Ridge Loop
(Route 4393)
0.16 Mi
Lockberry Ridge Loop (Route 4393) - From Lockberry
Ridge Drive (Route 4392) to End of section 0.03
Miles South
0.03 Mi
Lockberry Ridge Loop (Route 4393) - From Lockberry
Ridge Drive (Route 4392) to Cul-de-Sac
0.20 Mi
MICHAUX CREEK, SECTION F (Effective 1/30/01)
Michaux Glen Drive (Route 4275) - From Michaux
View Way (Route 977) to 0.08 Miles West of
Michaux View Way (Route 977)
0.08 Mi
Michaux View Court (Route 4274) - From Michaux
View Way (Route 977) to Cul-de-sac
0.09 Mi
01-112 02/21/01
Michaux View Terrace (Route 4273) - From Michaux
View Way (Route 977) to Cul-de-sac
Michaux View Way (Route 977) - From 0.07 Mile
East of Michaux Ridge Court (Route 979) to
Michaux View Trail (Route 4273)
Michaux View Way (Route 977) - From Michaux
View Trail (Route 4273) to Michaux Glen Drive
(Route 4275)
Michaux View Way (Route 977) - From Michaux
View Court (Route 4274) to Cul-de-sac
Michaux View Way (Route 977) - From Michaux
Glen Drive (Route 4275) to Michaux View Court
(Route 4274)
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
0.10 Mi
0.14 Mi
0.02 Mi
0.07 Mi
0.03 Mi
11. DINNER
On motion of Mrs. Humphrey, seconded by Mr. Barber, the Board
recessed to the Administration Building, Room 502, for dinner
with members of the Community Services Board and Social
Services Board.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Absent: McHale.
Reconvening:
Mr. McHale arrived at the meeting.
12. INVOCATION
Dr. Roscoe H. Jones, Jr., Pastor of Bethesda Full Gospel
Baptist Church, gave the invocation.
Mr. Stith introduced members of the Bethesda Full Gospel
Baptist Church who performed musical selections.
13,
PLEDGE OF ALLEGIANCE TO T~ FLAG OF T~R UNITED STATES
0FAMERICA
Eagle Scout Bradford Scott Cooper led the Pledge of Allegiance
to the Flag of the United States of America.
14. RESOLUTIONS AND SPECIAL RECOGNITIONS
14,A. RECOGNIZING THE HONORABLE JACK MCHALE FOR HIS
SERVICE ON THE SOCIAL SERVICES BOARD
Mr. Hammer called forward members of the Social Services Board
to accompany Mr. McHale in receiving his resolution.
On motion of the Board, the following resolution was adopted:
01-113 02/21/01
WHEREAS, the Chesterfield/Colonial Heights Social Services
Board is a citizen Board established by the Code of Virginia,
responsible for oversight and policy guidance to the department
in its pursuit of excellence, in providing services to
individuals, families and the community; and
WHEREAS, Mr. Jack McHale was appointed as the Chesterfield
County Board of Supervisors representative to the
Chesterfield/Colonial Heights Board of Social Services in
February 1992 and continued in this capacity until December
2000; and
WHEREAS, Mr. McHale was a strong voice in advocating for
departmental needs and consistently demonstrated a commitment
to all employees of the Chesterfield/Colonial Heights
Department of Social Services; and
WHEREAS, the Virginia Initiative for Employment-NOT
Welfare (Welfare Reform) was successfully implemented in the
localities of Chesterfield and Colonial Heights during Mr.
McHale's tenure; and
WHEREAS, the department has engaged in continual
improvement while under Mr. McHale's leadership; and
WHEREAS, Mr. McHale has demonstrated an unfailing and
genuine commitment to the protection of all children, the
elderly and disabled, and has served with distinction the
citizens of Chesterfield and Colonial Heights; and
WHEREAS, Mr. McHale has been a champion for all and has
shown particular care and concern for children in need of
Foster Care and for their foster families;
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Mr. Jack McHale
and expresses appreciation for his dedicated and outstanding
service to the Social Services Board and all citizens of
Chesterfield and Colonial Heights.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. McHale and that this resolution
be permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Humphrey, Miller, Barber and Warren.
Nays: None.
Abstain: McHale.
Mrs. Humphrey presented the executed resolution to Mr. McHale,
accompanied by Ms. Snead and members of the Social Services
Board, and expressed appreciation for his invaluable service to
the Social Services Board.
Mr. McHale expressed appreciation for the recognition and
stated that it was a privilege to serve on the Social Services
Board.
Mr. David Welchons, Chairman of the Social Services Board,
presented Mr. McHale with a plaque honoring his service.
14 .B.
RECOGNIZING, THE ,COMMITMENT OF CITIZENS FOR THEIR
LEADERSHIP OF VETERANS DAY CELEBRATIONS
14.B.1. MR, BAXTER PERKINSON, SR.
Mr. Hammer introduced Mr. Baxter Perkinson who was present to
receive the resolution.
01-114 02/21/01
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. W. Baxter Perkinson, Sr. is a native of
Chesterfield County, having been born in Matoaca in 1921; and
WHEREAS, Mr. Perkinson served as a Staff Sergeant in
General George Patton's 3rd Army, llth Armored Division, 22nd
Tank Battalion; and
WHEREAS, Mr. Perkinson earned three major (bronze) battle
stars for his World War II service, including during the
~Battle of the Bulge"; and
WHEREAS, after the war, Mr. Perkinson became a Chrysler-
Plymouth franchise manager in Powhatan, Virginia, and later
built and managed real estate properties; and
WHEREAS, Mr. Perkinson has been an ordained Deacon in the
Baptist Church for more than 50 years; and
WHEREAS, Mr. Perkinson has been active in the Masonic
Lodge since 1950, including service as Past Worshipful Master,
Lodge #295 and Past District Deputy Grand Master of the 16th
District of the Grand Lodge of Virginia and also as Past
President of the Petersburg Shrine Club; and
WHEREAS, Mr. Perkinson has been an active member and
officer of several area Ruritan Clubs and has served as
President, Veterans of the Battle of the Bulge, Crater Chapter;
and
WHEREAS, Mr. Perkinson has served on the Board of Zoning
Appeals since 1983, including twelve consecutive terms as Vice
Chairman; and
WHEREAS, Mr. Perkinson has worked tirelessly for years to
gain support and financial backing for a Veterans Wall to
commemorate the sacrifices of Chesterfield County military
veterans; and
WHEREAS, this wall has now become a reality, thanks to Mr.
Perkinson's commitment and leadership; and
WHEREAS, in these and other endeavors, Mr. Perkinson has
consistently demonstrated outstanding patriotism, citizenship,
civic leadership and a commitment to caring for his community,
and especially for its veterans.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Mr. W. Baxter
Perkinson, Sr., expresses appreciation for his many efforts on
behalf of the betterment of Chesterfield County, and wishes him
good health and continued success in all his endeavors.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Perkinson and that this
resolution be permanently recorded among the papers of this
Board of Supervisors of Chesterfield County, Virginia.
Ayes: Humphrey, Miller, Barber McHale and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution to Mr.
Perkinson, accompanied by members of his family, and expressed
appreciation for his heroism and dedication to community
service.
01-115 02/21/01
Mr. McHale presented a framed photograph of the Veterans Wall
to Mr. Perkinson and expressed appreciation for his efforts in
promoting the Veterans Wall.
Mr. Perkinson received a standing ovation.
Mr. Perkinson expressed appreciation to the Board for the
recognition and also for the support that he received from the
County towards the Veterans Wall.
14.B.2. MR. WILLIAM T, STUBBS
Mr. Hammer introduced Mr. William Stubbs who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, Mr. William T. (Billy) Stubbs has been a
Chesterfield County resident since 1938; and
WHEREAS, Mr. Stubbs is a former U.S. Marine who served
honorably in the Pacific during World War II; and
WHEREAS, Mr. Stubbs was responsible for initiating the
construction of a World War II memorial built at Bensley Park
to honor four of his friends who made the supreme sacrifice
during World War II; and
WHEREAS, Mr. Stubbs has for several years been the driving
force behind a Memorial Day ceremony and several Veterans Day
ceremonies in the Bensley Community; and
WHEREAS, Mr. Stubbs again organized Veterans
observances in the Bensley community in 2000; and
Day
WHEREAS, Mr. Stubbs has demonstrated sustained commitment
to his community, to Chesterfield County, and to the honored
memory of all those men and women who have served this. nation
as members of the U.S. Armed Forces; and
WHEREAS, Mr. Stubbs' personal example of citizenship and
patriotism continues to inspire all who know him; and
WHEREAS, Chesterfield County is fortunate to have such a
selfless and patriotic citizen as Mr. Stubbs; and
WHEREAS, it is appropriate to express the County's
appreciation for Mr. Stubbs' sustained efforts.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors publicly recognizes Mr. William T.
Stubbs for his continuous and exemplary commitment to veterans
and to the Bensley community.
AND, BE IT FURTHER RESOLVED, that a copy of this
resolution be presented to Mr. Stubbs and that this resolution
be permanently recorded among the papers of this Board of
Supervisors of Chesterfield County, Virginia.
Ayes: Humphrey, Miller, Barber McHale and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution to Mr. Stubbs,
accompanied by members of the Bensley Community Association,
and expressed appreciation for his heroism and dedicated
community service.
01-116 02/21/01
Mr. McHale presented a framed photograph °f ~he Bensley Park
Memorial to Mr. Stubbs and expressed appreciation for his
commitment to constructing the Bensley Park Memorial.
Mr. Stubbs received a standing ovation.
Mr. Stubbs expressed appreciation to the Board for the
recognition and also to the Bensley community for their support
of the memorial.
14 .C.
RECOGNIZING BOy SCOUTS UPON ATTAINING RANK OF EAGLE
SCOUT
14.C.1 BRADFORD SCOTT COOPER, MATOACA DISTRICT
Mr. Hammer introduced Mr. Bradford Cooper who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by Mr.
William D. Boyce on February 8, 1910, and was chartered by
Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges in
a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Bradford Scott Cooper, Troop 806, sponsored
by Woodlake United Methodist Church, has accomplished those
high standards of commitment and has reached the long-sought
goal of Eagle Scout, which is earned by only four percent of
those individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Brad has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its congratulations
to Mr. Bradford Scott Cooper on his attainment of Eagle Scout,
and acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Humphrey, Miller, Barber McHale and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Cooper, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in his
future endeavors.
Mr. Cooper expressed appreciation to his parents, scoutmaster
and church for their support and also to Eagle Scout Floyd
Campbell for inspiring him to achieve the rank of Eagle Scout
at age thirteen.
01-117 02/21/01
14.C.2. GREGORY MARTIN HENSLE¥, MIDLOTHIAN DISTRICT
Mr. Hammer introduced Mr. Gregory Hensley who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by Mr.
William D. Boyce on February 8, 1910, and was chartered by
Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges in
a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Gregory Martin Hensley, Troop 876, sponsored
by Mount Pisgah United Methodist Church, has accomplished those
high standards of commitment and has reached the long-sought
goal of Eagle Scout, which is earned by only four percent of
those individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Greg has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Ches~zerfield
County Board of Supervisors hereby extends its congratulations
to Mr. Gregory Martin Hensley on his attainment of Eagle Scout,
and acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Humphrey, Miller, Barber McHale and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Hensley, accompanied by members of his family,
congratulated him on his outstanding achievement, and wished
him well in his future endeavors.
Mr. Hensley expressed appreciation to his parents, scoutmasters
and others who helped with his Eagle project.
14.C.3. KEVIN DOUGLAS GREGORY, MIDLOTHIAN DISTRICT
Mr. Hammer introduced Mr. Kevin Gregory who was present to
receive the resolution.
On motion of the Board, the following resolution was .adopted:
WHEREAS, the Boy Scouts of America was incorporated by Mr.
William D. Boyce on February 8, 1910, and was chartered by
Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges in
a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Kevin Douglas Gregory, Troop 876, sponsored
by Mount Pisgah United Methodist Church, has accomplished those
high standards of commitment and has reached the long-sought
goal of Eagle Scout, which is earned by only four percent of
those individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Kevin has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its congratulations
to Mr. Kevin Douglas Gregory on his attainment of Eagle Scout,
and acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Humphrey, Miller, Barber McHale and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Gregory, accompanied by members of his family,
congratulated him on his outstanding achievement, and wished
him well in his future endeavors.
Mr. Gregory expressed appreciation to his parents and church
for their support.
14.C.4 CHRISTOPHER DOUGLAS ESTEP, BERMUDA DISTRICT
Mr. Hammer introduced Mr. Christopher Estep who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by Mr.
William D. Boyce on February 8, 1910, and was chartered by
Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges in
a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Christopher Douglas Estep, Troop 819,
sponsored by Saint John's Episcopal Church, has accomplished
those high standards of commitment and has reached the long-
sought goal of Eagle Scout, which is earned by only four
percent of those individuals entering the Scouting movement;
and
01-119 02/21/01
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Christopher has distinguished himself as a member of
a new generation of prepared young citizens of whom we can all
be very proud.
NOW, THEREFORE BE IT RESOLVED, that the Chesterfield
County Board of Supervisors hereby extends its congratulations
to Mr. Christopher Douglas Estep on his attainment cf Eagle
Scout, and acknowledges the good fortune of the County to have
such an outstanding young man as one of its citizens.
Ayes: Humphrey, Miller, Barber McHale and Warren.
Nays: None.
Mrs. Humphrey presented the executed resolution and patch to
Mr. Estep, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in his
future endeavors.
Mr. Estep expressed appreciation to God, his parents,
scoutmasters and members of his troop for their support.
14.C.5. GEOFFREY KYLE HAYNES, MIDLOTHIAN DISTRICT
Mr. Hammer introduced Mr. Geoffrey Haynes who was present to
receive the resolution.
On motion of the Board, the following resolution was adopted:
WHEREAS, the Boy Scouts of America was incorporated by Mr.
William D. Boyce on February 8, 1910, and was chartered by
Congress in 1916; and
WHEREAS, the Boy Scouts of America was founded to build
character, provide citizenship training and promote physical
fitness; and
WHEREAS, after earning at least twenty-one merit badges in
a wide variety of skills including leadership, service and
outdoor life, serving in a leadership position in a troop,
carrying out a service project beneficial to his community,
being active in the troop, demonstrating Scout spirit, and
living up to the Scout Oath and Law; and
WHEREAS, Mr. Geoffrey Kyle Haynes, Troop 897, sponsored by
Mount Pisgah United Methodist Church, has accomplished those
high standards of commitment and has reached the long-sought
goal of Eagle Scout, which is earned by only four percent of
those individuals entering the Scouting movement; and
WHEREAS, growing through his experiences in Scouting,
learning the lessons of responsible citizenship, and
endeavoring to prepare himself for a role as a leader in
society, Geoff has distinguished himself as a member of a new
generation of prepared young citizens of whom we can all be
very proud.
NOW, THEREFORE BE IT RESOLVED, that the Ches%erfield
County Board of Supervisors hereby extends its congratulations
to Mr. Geoffrey Kyle Haynes on his attainment of Eagle Scout,
and acknowledges the good fortune of the County to have such an
outstanding young man as one of its citizens.
Ayes: Humphrey, Miller, Barber McHale and Warren.
Nays: None.
0 - 20
Mrs. Humphrey presented the executed resolution and patch to
Mr. Haynes, accompanied by members of his family, congratulated
him on his outstanding achievement, and wished him well in his
future endeavors.
Mr. Haynes expressed appreciation to his family, church and
scoutmasters for their support.
15.
REQUESTS FOR MOBILE HOME PERMITS AND REZONING PLACED ON
THE CONSENT AGENDA TO BE ~EARD IN THE FOLLOWING ORDER:
- WITHDRAWALS/DEFERRALS - CASES W~RE THE APPLICANT
ACCEPTS THE RECOMMENDATION AND THERE IS NO OPPOSITION
- CASES WHERE THE APPLICANT DOES NOT ACCEPT
RECOMMENDATION AND/OR THERE IS PUBLIC OPPOSITION WILT,
BE HEARD AT SECTION 17
00SN0174
In Matoaca Magisterial District, DOUGLAS SOWERS requested
rezoning and amendment of zoning district map from Agricultural
(A) to Residential (R-12) with Conditional Use Planned
Development to permit use and bulk exceptions. A mixed use
development with residential, office and commercial uses is
planned. Residential use of up to 3.63 units per acre is
permitted in a Residential (R-12) District. The Comprehensive
Plan suggests the property is appropriate for single family
residential use of 2.2 units per acre or less. This request
lies on 436.0 acres fronting in four (4) places for a total of
approximately 7300 feet on the west line of Hensley Road,
beginning at a point approximately 450 feet north of Riverway
Road. Tax IDs 727-660-Part of 8598 and 729-661-5038 (Sheet
23) .
Mr. Jacobson presented a summary of Case 00SN0174 and stated
that the proposed development conforms to the Upper Swift Creek
Plan which calls for residential uses up to 2.2 dwelling units
per acre. He further stated that the Planning Commission, on
a 3-2 vote, recommended denial of the original case, expressing
concerns relative to transportation, fire and capital facility
issues, as well as water supply capacities to serve the area
and the impact of the location of the school site on the Rural
Conservation Area. He stated that the proffered conditions
have been significantly amended since the Planning Commission's
consideration of the case including reduction in dedication of
park land from 425 acres to 50 acres; deletion of 4.8 acre park
site located south of the area of Spring Run Elementary School.
He indicated that there are no other options of having a
natural expansion of a recreation area next to the school to
achieve joint use of recreational facilities. He stated that,
since the Planning Commission's hearing of the case, the
applicant has increased the width of the pavement on the
reconstructed section of Hensley Road adjacent to the proposed
development from 22 to 24 feet. He further stated that the
developer has significantly increased the cash proffers and
indicated that staff is recommending that the developer's
proposal is consistent with the Board's policy for cash
proffers. He stated that the applicant has also proffered an
additional condition which provides brick veneer on the houses
adjacent to Summerford, Section A. He further stated that
staff recommends approval and acceptance of the 11 amended
proffered conditions, subject to the dedication of the 4.8 acre
park adjacent to Spring Run Elementary School.
Mr. Warren expressed concerns relative to the Board hearing a
case that has been significantly amended without remanding it
back to the Planning Commission.
01-121 02/21/01
When asked, Mr. Jacobson stated that staff had originally
recommended at the January 24, 2001 meeting that the Board
remand the case to the Planning Commission, but indicated that
it is not difficult for the Board to vote on individual
isolated cases such as the proposed development, as long as the
development community understands that it will not be a routine
practice to allow significant changes to be made between the
Planning Commission and Board's hearing of the case.
Mr. Miller expressed concerns relative to the significance of
the 4.8 acres for a park site.
Mr. Golden stated that, because of stormwater considerations,
there is only a very small recreational area remaining adjacent
to the school site. He further stated that the proposed
additional homes would increase the need for a recreational
area.
When asked, Mr. Golden stated that the fair market value of the
4.8 acres is estimated at $15,000-$20,000 per acre. He further
stated that he has spoken with the applicant who has indicated
that he is willing to negotiate the sale of the property to the
County at a fair price outside of the zoning case.
Mr. Warren stated that he feels the original case was more
favorable from a recreational standpoint. He expressed
concerns relative to the Board setting a precedent by hearing
a case that has been significantly amended without remanding it
to the Planning Commission and to the public only receiving one
chance to speak to the significantly amended case.
When asked, Mr. Golden stated that he is comfortable with the
possibility of acquiring the 4.8 acres of park land in the
future.
When asked, Dr. Carl Chafin, Assistant Superintendent of
Schools for Administration, came forward and stated that the
Spring Run Elementary School is more than adequate for School
needs. He further stated that the Schools have historically
partnered with Parks and Recreation to maximize the benefit to
the community.
Mr. Warren expressed concerns relative to overcrowding of the
school system in the area of the proposed development.
Dr. Chafin stated that Spring Run Elementary School is not
currently overcrowded, but enrollment is growing very rapidly.
He further stated that Crenshaw Elementary School is
overcrowded and currently has ten trailers. He stated that he
anticipates there will be a future need for an additional
elementary school in the area.
When asked, Mr. Jacobson stated that approximately 30~ to 400
additional home sites in the area have already been approved
through the zoning process.
When asked, Dr. Chafin stated that there is no indication that
one more school will meet the needs of area growth. He further
stated that, under today's conditions, the 50-acre sihe being
proffered is large enough to accommodate either an elementary
or middle school.
Mrs. Humphrey stated that the proposed development will be
completed in a phased-in manner with a certain number of homes
constructed per year.
Mr. Warren expressed concerns relative to the availability of
water and sewer for the 50-acre school site that is being
proffered.
01-122 02/21/01
Dr. Chafin stated that it is his understanding that water will
be available, but there may or may not be sewer depending on
when the school is developed. He further stated that, in the
event there is no sewer, he anticipates the development of a
treatment facility on-site.
Mr. Miller expressed concerns relative to the language of the
proffered condition for phasing in the development.
Mr. John Easter, representing the applicant, stated that the
proffered condition is exactly the same condition as the one
recently approved in the Otterdale Road case. He further
stated that the intent of the proffered condition is not to
have 500 units completed in the first year and that he does not
feel there is much difference in 500 units being completed in
the fifth year -- there will still be the same total number of
units.
Mrs. Humphrey stated that she feels it will make a significant
difference because the phasing-in of the development is a
planning tool. She further stated that it was her impression
that the development would be limited to 100 units per year.
Mr. Micas stated that, because the case is for a conditional
use planned development, the Board has discretion to impose
conditions and indicated that, if the Board is unsatisfied with
the existing proffered condition relative to phasing and the
applicant would agree to withdraw the proffered condition, the
Board could impose a different form of phasing.
Mr. Barber stated that he feels, if the proposed development is
approved, the developer would begin construction as soon as
possible to recoup the cash proffer for transportation that
must be paid at the time of application for a building permit.
Mrs. Humphrey stated she feels the cash proffers for
transportation are more than adequate and will provide long-
overdue improvements, but she still has concerns relative to
the proffered condition relative to phasing.
Following brief discussion, Mrs. Humphrey requested a five
minute recess.
Reconvening:
Mr. John Easter, representing the applicant, stated that the
proposed development is consistent with the Comprehensive Plan
and compatible with area development. He further stated that
the applicant worked very hard with Planning staff and area
residents for over a year, making adjustments in response to
citizen input. He stated that the original proposal included
a commercial node which was removed in response to citizens'
requests and noted that the proposed condominiums have been
moved farther north -- away from adjacent neighborhoods. He
further stated that the proffered conditions ensure that all
homes on lots that border existing neighborhoods will be
consistent with the adjacent residences. He stated that the
applicant has agreed to widen Hensley Road to 24 feet and add
six-foot shoulders which will dramatically improve area safety.
He further stated that the applicant has proffered a cul-de-sac
at Hensley Road and will construct a new arterial road for the
redirection of traffic and indicated that the Virginia
Department of Transportation has confirmed in writing that they
will approve the cul-de-sac. He stated that the applicant has
agreed to install a water line along the section of Hensley
Road where the residents have been by-passed by the public
water system. He further stated that staff is proposing
01-123 02/21/01
language for a condition capping the number of res~_dential
units to no more than 250 in any one year. He presented a
comparison of the original case and the currently proposed case
and stated that the applicant has addressed the need for
capital facilities. He further stated that the County
currently pays an average of $9,400 per acre for park land. He
stated that staff feels the value of the 4.8 acres is $15,000-
$20,000 per acre and indicated that it would be difficult for
the applicant to justify that value within the cash proffer
policy. He further stated that the applicant has provided a
letter to Mr. Golden stating that he will negotiate in good
faith for the sale of the 4.8 acres for a park site. He stated
that the case is substantially different from the one heard by
the Planning Commission and requested the Board's approval.
Mr. Richard Coiner, a resident of Brandy Oaks, stated that he
does not support the case and expressed concerns relative to
the revised case not being remanded to the Planning Commission.
He further expressed concerns relative to lack of
infrastructure to support the proposed 950 new homes. He
referenced additional development that has recently been
approved and stated that approval of this request would result
in over 1,500 more homes within a two square mile area. He
expressed concerns relative to increased traffic on Spring Run
Road, Bailey Bridge Road and Hull Street Road as well as
overcrowding of area schools. He referenced the land that the
applicant has proffered for a school site and stated that he
feels, in light of current development and growth in the
County~ the school location might be more suitable in the
Grange Hall or Otterdale Road area. He expressed concerns
relative to the water capacity issue and stated that the water
pressure at his Brandy Oaks' home has decreased approximately
40 percent in the past four years.
There was brief discussion relative to the number of new homes
that have been approved for the area.
Mr. Ricky Woods, a resident of Hensley Road, stated that the
residents on the south end of Hensley Road support the proposed
development because they will be afforded the opportunity for
County water. He further stated that he feels the applicant
has addressed the concerns of the community.
Ms. Christie Martin, a resident of Hensley Road, expressed
support for the proposed development, stating that she feels
the applicant has done everything possible to meet the needs of
area residents.
Mr. Tim White, President of Southshore Property Owners
Association and member of the 360 West Corridor Committee,
stated that he does not support the proposed development
because of increased traffic that will occur on Winterpock,
Spring Run and Hull Street Roads.
Mr. Willard Childress, resident of the Matoaca District,
expressed concerns relative to the cost of the 50-acre school
site. He stated that the site includes potential wetland areas
and will cost the taxpayers approximately $25,000 per acre. He
furthez stated that recent sales of similar unzoned property in
the County have been between $2,500 and $3,000 per acre. He
stated that he feels the Board should require the full
proffered conditions, not accept the donation of 50 acres for
the school site, and search for a more suitable school site at
a reasonable price.
Ms. Joan Martin, a resident of the Donegal Glen Subdivision,
stated that she does not support the proposed development. She
expressed concerns relative to increased traffic and
overcrowding of schools and stated that she feels the
01-124 02/21/01
development would decrease the quality of life of the existing
residents.
Mr. Randy Curnell, Vice President of the Southshore Community
Association, stated that he does not support the request and
expressed concerns relative to road infrastructure and
increased traffic.
Mr. Craig Hardy, a resident of Hensley Road, stated that he
supports the proposed development and feels the applicant has
gone above and beyond the call of duty to accommodate residents
of Hensley Road. He further stated that he does not feel it is
reasonable to expect the developer to improve all roads in the
area.
Mr. Jerry McCracken, President of the Summerford Homeowners
Association, stated that the applicant has addressed the
concerns of Summerford residents and indicated that the
residents support the proposed development.
There being no one else to speak to the Case, the public
hearing was closed.
Mr. Easter stated that he feels the applicant has done more
than his fair share of addressing school and transportation
issues. He further stated that the County and VDOT are in the
process of addressing issues on Hull Street Road. He stated
that he feels the arterial road proposed by the developer will
provide relief to Winterpock Road. He further stated that the
project will provide relief for pressure problems in the water
lines. He stated that staff supports $25,000 per acre as the
value of the school site under the County's cash proffer
methodology. He further stated that the applicant has agreed
to provide $700,000 in road improvements. He requested the
Board's support of the proposed development.
When asked, Mr. Easter read the suggested language to be added
as a Condition: ~'In addition to the limitations of Proffered
Condition Nine, in no event shall more than 250 subdivision
lots and dwelling units be recorded or receive site plan
approval in any one calendar year." He stated that the
condition is acceptable to the applicant.
Mr. Miller expressed concerns relative to the condition being
on a calendar year basis rather than a continuous twelve-month
basis.
When asked, Mr. McCracken stated that the proposed new road is
to be in conjunction with the first development and will be
adjacent to the existing Spring Run Elementary School. He
further stated that the County is currently in the design
process for widening Hull Street to eight lanes from Spring Run
Road east to Route 288, and six lanes west of Spring Run Road
through Winterpock. He indicated he anticipates the project
will be advertised for bid in 2002. He stated that B'ailey
Bridge Road is in the Six-Year Plan and he hopes to see the
project begin in 2004-2005.
Mrs. Humphrey stated that the County has attempted to address
road concerns on Winterpock and Beach Roads for many years.
She further stated that a number of the homeowners' deeds state
that the property is owned to the center of the road;
therefore, the County has no right-of-way.
Mr. McCracken stated that the developer in a previously
approved zoning case has agreed to provide a traffic signal at
Spring Run and Hull Street Roads, but VDOT has not agreed at
this point to allow the developer to install the signal because
of the necessity for additional pavement. He further stated
01-125 02/21/01
that he anticipates the signal to be in place within two years.
Mr. Warren read the transportation issues listed in the staff
report and expressed concerns relative to the additional risk
that might arise with increased traffic without the necessary
secondary road improvements.
Mr. McCracken stated that staff did not recommend that the
Planning Commission support the case as presented to the
Commission. He further stated that the applicant has now
agreed to provide all of the requested road improvements
consistent with other zoning cases.
Mr. Warren expressed concerns relative to the cost of the
proposed road on the County's Thoroughfare Plan that would go
through the 50-acre school site.
When asked, Mr. McCracken stated that, if the site is, in fact,
developed as a school site, the Schools would be responsible
for constructing the road.
Mr. Warren expressed concerns relative to the proposed school
site including land valued by staff at $25,000 per acre - more
than $1 million in value; the Schools would be responsible for
building a new road; and the site does not contain sewer. He
stated that he does not see the 50 acres as being very valuable
to the County.
Mrs. Humphrey stated that if the proposed development is not
approved, she sees no hope in ever receiving the type of road
improvements that have been proffered.
Discussion, questions and comments ensued relative to the road
improvements that might be expected if the proposed development
was not approved and development of the property occurred in
smaller increments.
When asked, Mr. Allan Carmody, Budget Manager, stated that the
$25,000 per acre is the cost that the County has paid
historically for School land acquisitions and noted that land
acquisition is a component of calculated school impact.
Mr. Miller expressed concerns relative to the County's formula
for determining the value of property.
When asked, Mr. Carmody stated that there is no assessed value
of the 50-acre tract, but indicated that the 425-acre tract
that the 50 acres is part of, is assessed at $1,800 to $2,000
per acre. He further stated that, in discussions with the
Assessor's Office, the 50 acres would probably be valued at
$5,000 to $6,000 per acre as zoned today.
There was brief discussion relative to the possibility of
wetlands on the 50-acre site.
Mr. Jacobson stated that the County's site selection team had
evaluated the entire 425 acre tract, but not just the 50 acre
tract.
Mr. Barber stated that proffered conditions are voluntary and
the Board accepts them as voluntary contributions. He further
stated that the Board would like to have an adequate facilities
ordinance that did not allow development to occur until roads
and schools were in place, but State Code prohibits this. He
suggested that citizens contact the legislative delegation and
voice their frustration relative to this issue. He stated that
VDOT funding for road improvements is inadequate and noted that
development sometimes speeds up the necessity for road
maintenance, repairs and widenings. He further stated that the
01-126 02/21/01
County has developed land use plans and noted that the proposed
development is just outside the '~Green Area" and, therefore, the
property is considered appropriate for development.
Mr. McHale stated that he feels the case has substantially
changed since it was heard by the Planning Commission and
indicated that he is comfortable in supporting it. He further
stated that he feels the proposed Winterpock Fire Station will
address public safety concerns.
Mr. Warren stated that the County is now facing growth related
issues because of decisions that were made in the 1970's and
1980's. He further stated that the decisions being made today
will affect the County many years into the future. He stated
that he feels the current Board has done an excellent job in
focusing on planned managed growth and he does not want to see
the County return to a faster pace of growth. He stated that
the proposed development is clearly within the comprehensive
plan; has addressed many transportation issues; and has
provided a school site. He expressed concerns relative to
unknown factors regarding the school site and indicated that he
will either abstain or vote against the case.
Mr. Miller stated that he feels the issue of phasing in the
development has not yet been fully resolved. He questioned the
possibility of changing the language of the condition relative
to phasing in from ~in any one calendar year" to 'lin any
consecutive twelve month period."
There was brief discussion relative to staff's ability to track
the number of lots and dwelling units that are either recorded
or receive site plan approval in any consecutive twelve month
period.
Mrs. Humphrey requested that the language of the condition be
changed from ~in any one calendar year" to ~'in any consecutive
twelve month period."
Mr. Easter stated that the applicant will accept the language
change.
Mr. Miller stated that the case has bothered him from the
outset, but indicated that he will support it because he feels
the improved case will address road, park and school concerns.
Mr. Barber stated that he feels this Board is committed to
planned managed growth and indicated that he does not plan to
deal with a case in the Midlothian District that has not been
completely been worked through without sending it back to the
Planning Commission. He further stated that he feels the Board
needs to examine itself to make sure that it is still focused
in the area of planned managed growth.
Mrs. Humphrey expressed appreciation for the residents who
participated in the zoning process for the proposed
development. She stated that she feels the development will
bring about a number of amenities for existing residents
including increased water pressure, much needed road
improvements, and an additional school site. She further
stated that the applicant has addressed citizens' concerns by
eliminating the commercial development from the proposal,
adding architectural standards for homes bordering the
Summerford neighborhood, and adding a number of road
improvements. She invited the public and development community
to attend a joint work session of the Planning Commission and
Board of Supervisors on February 24, 2001 relative to planning
issues and residential growth management.
01-127 02/21/01
Mrs. Humphrey then made a motion, seconded by Mr. Miller, for
the Board to approve Case 00SN0174 subject to the following
condition:
In addition to the limitations of Proffered Condition 9, in no
event shall more than 250 subdivision lots and dwelling units
be recorded or receive site plan approval in any consecutive 12
month period. (P)
And, further, the Board accepted the following proffered
conditions:
The property owners and applicant in this rezoning case,
pursuant to Section 15.2-2298 of the Code of Virginia [1950 as
amended) and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the
development of the property under consideration will be
developed according to the following proffers if, and only if,
the rezoning request submitted herewith is granted with only
those conditions agreed to by the owners and applicant. In the
event this request is denied or approved with conditions not
agreed to by the owners and applicant, the proffers shall
immediately be null and void and of no further force or effect.
Master Plan. The Master Plan prepared by Balzer and
Associates, Inc. dated February 16, 2000 and last revised
January 22, 2001, and the Textual Statement, dated October
18, 2000 shall be considered the Master Plan. (P)
Public Utilities. The public water and wastewater systems
shall be used. (U)
o
Timbering. With the exception of timbering to remove dead
or diseased trees which has been approved by the Virginia
State Department of Forestry, there shall be no t~mbering
until a land disturbance permit has been obtained from the
Environmental Engineering Department and the approved
devices installed. (EE)
o
Limitation of Number of Dwellings. The overall number of
dwellings for the entire Property shall not exceed 959
units. (P)
o
Land Donation. Prior to issuance of any building permit
for the Property, the property shown on Exhibit I attached
hereto, consisting of approximately fifty (50) acres,
shall be dedicated, free and unrestricted, to and for the
benefit of Chesterfield County. (P)
(Staff Note: It will be necessary to obtain Substantial[ Accord
approval for any public facility developed on the site.)
6. Transportation.
a)
Right-of-Way Dedication. In conjunction with
recordation of the first subdivision plat or prior
to any site plan approval, whichever occurs first,
the following rights-of-way shall be dedicated, free
and unrestricted, to and for the benefit of
Chesterfield County:
(±)
forty-five (45) feet of right-of-way on
the west side of Hensley Road, measured
from the centerline of that part of
Hensley Road immediately adjacent, to the
Property;
(ii)
a ninety (90) foot wide right-of-way for
the north/south arterial from Hensley Road
01-128 02/21/01
b)
c)
to the northern property line, as
generally shown adjacent to Tracts A, I
and F of the Master Plan (~Future Road");
and
(iii)
if the cul-de-sac of Hensley Road
specified in paragraph 6(c) (iv) is to be
located on Tract I, a forty-five (45) foot
radius right-of-way for such cul-de-sac.
The exact location of the ninety (90) foot
wide right of way and the cul-de-sac
right-of-way shall be approved by the
Transportation Department.
Access. Unless otherwise
Transportation Department,
approved by the
(±)
No direct access, except for an emergency
access, shall be provided from Tract H to
Hensley Road;
(ii)
Direct access to Hensley Road and Future
Road from Tracts A, B, C, and F, shall be
limited to three (3) public roads. If
Hensley Road is not reconstructed as a
cul-de-sac as specified in paragraph
6(c) (iv), the relocation of that portion
of Hensley Road shall also be permitted;
(iii)
No direct access from Tract I to Future
Road shall be provided;
(iv)
No direct access, except for an emergency
access, shall be provided from Tract D to
Summerford Drive; and
(v)
Direct access to the proposed West Hensley
Road from Tract H shall be limited to one
(1) public road. This condition shall not
preclude access to West Hensley Road
through adjacent properties.
The exact location of all accesses shall
be approved by the Transportation
Department.
Construction. To provide an adequate roadway
system, the developer shall be responsible for the
following:
(i)
Construction of two (2) lanes of Future
Road from Hensley Road to the northern
boundary of Tract F. Such road shall be
constructed to VDOT urban arterial
standards (40 MPH), except that, at the
request of the developer, the
Transportation Department may approve
modifications to such standards;
{ii)
Reconstruction of Hensley Road to provide
a twenty-four (24) foot wide pavement
section with six (6) foot wide shoulder
from proposed West Hensley Road to Future
Road;
(iii)
Construction of additional pavement along
Hensley Road and Future Road at each
approved access, to provide separate left
o~-~29 o2/2~/o~
o
and right turn lanes, if warranted based
on Transportation Department standards;
(iv)
Construction of a cul-de-sac of Hensley
Road between Spring Run Road and Future
Road in the general vicinity of future
road, as required by the Transportation
Department; provided that the exact
location of such cul-de-sac shall be
approved by the Transportation Department.
If the Virginia Department of
Transportation does not approve
construction of a cul-de-sac of Hensley
Road and abandonment/vacation of the
necessary right-of-way, the requirements
of this subparagraph and the dedication
requirement contained in paragraph
6(a) (iii) shall be null and void, and
Hensley Road shall be relocated to
intersect with Future Road, including
separate left and right turn lanes along
Future Road, if warranted based on
Transportation Department standards;
(v)
Construction of additional pavement along
West Hensley Road at the approved access
to Tract H to provide separate left and
right turn lanes, if warranted based on
Transportation Department standards; and
(vi)
Dedication to and for Chesterfield County,
free and unrestricted, of any right-of-way
(or easements) required for the
transportation improvements specified
herein. In the event the developer is
unable to acquire the off-site ri. ght-of-
way not included in this zoning case that
is necessary for any improvement described
in paragraph 6(c) (ii), the developer may
request, in writing, the County to acquire
such right-of-way as a public road
improvement. Ail costs associated with
the acquisition of the right-of-way shall
be borne by the developer. In the event
the County chooses not to assist the
developer in acquisition of the %ff-site"
right-of-way, the developer shall be
relieved of the obligation to acquire the
%ff-site" right-of-way and shall provide
the said road improvements within
available right-of-way as determined by
the Transportation Department.
d)
Phasing Plan. Prior to approval of any site plan or
tentative subdivision plat, whichever occurs first,
a phasing plan for the required improvements
specified in this proffered condition shall be
submitted to and approved by the Transportation
Department. The approved phasing plan shall require
the construction of the road improvements identified
in paragraphs 6(c) (i), (ii), and (iv) with the first
development of the property. (T)
Water Line Construction. If all necessary easements have
been obtained, in conjunction with the development of
Tract H, a twelve (12) inch water main shall be extended
from Beach Road northeastwardly along Hensley Road to
Brandy Grove Court and then along the internal road
network of the property connecting into the water lines of
o~-~3o
Summerford Subdivision along West Hensley Road. (U)
Severance. The unenforceability, elimination, revision or
amendment of any proffers set forth herein, in whole or in
part, shall not affect the validity or enforceability of
any of the other proffers or the unaffected part of any
such proffer. (P)
Phasing of Development.
A maximum of 100 subdivision lots and dwelling units may
be recorded or receive site plan approval prior to January
1, 2001.
A cumulative maxzmum of 200 subdivision lots and dwelling
units may be recorded or recezve site plan approval prior
to January 1, 2002.
A cumulative maxzmum of 300 subdiviszon lots and dwelling
units may be recorded or recezve site plan approval prior
to January 1, 2003.
A cumulative maxmmum of 400 subdivismon lots and dwelling
units may be recorded or recezve site plan approval prior
to January 1, 2004
A cumulative maximum of 500 subdiviszon lots and dwelling
units may be recorded or receive site plan approval prior
to January 1, 2005
A cumulative maxmmum of 600 subdivision lots and dwelling
units may be recorded or recezve site plan approval prior
to January 1, 2006
A cumulative maximum of 700 subdivision lots and dwelling
units may be recorded or recemve site plan approval prior
to January 1, 2007
A cumulative maxmmum of 800 subdiviszon lots and dwelling
units may be recorded or receive site plan approval prior
to January 1, 2008
A cumulatmve maxmmum of 900 subdivision lots and dwelling
units may be recorded or receive site plan approval prior
to January 1, 2009 (P)
10. Cash Proffer.
a)
Prior to the time of issuance of a building permit
for each new dwelling unit, the applicant,
subdivider, or its assignee, shall pay to the County
of Chesterfield the following amounts for
infrastructure improvements within the service
district for the Property:
±)
For each of the first 71 dwelling units:
a)
if payment is made prior to July 1,
2001, $1232, to be allocated among
the facility costs as follows: $692
for parks, $277 for libraries, and
$263 for fire stations; or
b)
if payment is made after June 30,
2001, the amount approved by the
Board of Supervisors, but not to
exceed the $1232 per dwelling unit as
adjusted upward by any increase in
the Marshall and Swift Building Cost
Index between July 1, 2000 and July 1
of the fiscal year in which the
payment is made, to be allocated pro-
rata among the facility costs as
specified in (i) (a);
ii)
For each of the dwelling units from the
72nd through and including the 384th unit:
oz-~l 02/21/0~
iii)
a)
b)
if payment is made prior to July 1,
2001, $3242, to be allocated among
the facility costs as follows: $2010
for roads, $692 for parks, $277 for
libraries, and $263 for fire
stations; or
if payment is made after June 30,
2001, the amount approved by the
Board of Supervisors, but not to
exceed the $3242 per dwelling unit as
adjusted upward by any increase in
the Marshall and Swift Building Cost
Index between July 1, 2000 and July 1
of the fiscal year in which the
payment is made, to be allocated pro-
rata among the facility costs as
specified in (ii) (a);
For each dwelling unit in excess of 384
units:
a)
if payment is made prior to July 1,
2001, $6498, to be allocated among
the facility costs as follows: $3256
for schools, $2010 for roads, $692
for parks, $277 for libraries, and
$263 for fire stations; or
b)
if payment is made after June 30,
2001, the amount approved by the
Board of Supervisors, but not to
exceed the $6498 per dwelling unit as
adjusted upward by any increase in
the Marshall and Swift Building Cost
Index between July 1, 2000 and July 1
of the fiscal year in which the
payment is made, to be allocated pro-
rata among the facility costs as
specified in (iii) (a);
c)
provided, however, that if any
building permits issued for any of
the 959 units permitted on the
property are for senior housing, the
units of which meet the occupancy
requirements for "age 55 or over"
housing as set forth in section 3607
of the Fair Housing Act, 42 USC
Section 3601 et seq., as amended by
the Fair Housing Amendments Act of
1988, and of 24 CFR Section 100.304
in effect as of the date of the
rezoning, and which are subject to
the occupancy requirement that no
person under 19 shall reside in such
unit, the number of such senior
housing units built to date shall be
totaled, and the applicant,
subdivider, or its assignee shall pay
only the amounts specified in
paragraph (a) (ii) on an equal number
of permits for dwelling units,
regardless of whether such units are
age restricted, for any building
permit issued for dwelling units
beginning with the 385th unit.
b) If any of the cash proffers are not
01-132 02/21/01
expended for the purposes designated
by the Capital Improvement Program
within fifteen (15) years from the
date of payment, they shall be
returned in full to the payor.
Should Chesterfield County impose
impact fees at any time during the
life of the development that are
applicable to the Property, the
amount paid in cash proffers shall be
in lieu of or credited toward, but
not be in addition to, any impact
fees, in a manner determined by the
County. (B & M)
11.
Dwelling Facades. Except as stated herein, the exterior
faces of the front and side walls of any dwelling unit on
a lot adjacent to Summerford, Section A shall be brick
veneer for the full height of the front and side walls.
Exterior faces of all walls of any dwelling unit on a
corner lot adjacent to Summerford, Section A, shall be
brick veneer for the full height of the walls. The brick
veneer requirement shall exclude miscellaneous exterior
trim treatments and windows. (BI)
Ayes: Humphrey, Miller, Barber and McHale.
Nays: None.
Abstain: Warren.
Mrs. Humphrey requested a five minute recess.
Reconvening:
On motion of Mrs. Humphrey, seconded by Mr. Warren, the Board
suspended its rules to consider items after 11:00 p.m.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
16 .A,
TO CONSIDER A CHANGE TO THE COUNTY VEHICLE LICENSR
ORDINANCE TO MOVE THE VEHICLE LICENSE TAX YEAR
Mr. Cordle stated that this date and time has been advertised
for a public hearing to consider a change to the County vehicle
license ordinance to move the license tax year. He further
stated that approval of the ordinance will narrow the existing
gap between the personal property tax due date and the vehicle
decal display date from two months to three weeks. He stated
that the action will provide a one-time acceleration of
approximately $450,000 in vehicle fees into FY2002; ample
processing for mail-in tax payments; and a much improved
quality of life for employees. He indicated that the change
would not create a financial burden for citizens.
Mrs. Humphrey expressed appreciation to Mr. Cordle for his
financial expertise.
When asked, Mr. Cordle stated that currently the decal must be
displayed by August 1st and expires June 30th. He further
stated that approval of the ordinance would eliminate the 30-
day grace period.
No one came forward to speak in favor of or against the
ordinance.
01-133 02/21/01
On motion of Mr. Warren, seconded by Mrs. Humphrey, tke Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY
AMENDING A_ND RE-ENACTING SECTION 13-57 RELATING
TO THE LICENSE TAX YEAR FOR MOTOR VEHICLES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 13-57 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-
enacted to read as follows:
Sec. 13-57. Vehicle license tax year.
The vehicle license tax year shall commence on June 26 of
each year. Valid vehicle licenses must be displayed on the
vehicle by June 26.
(2)
That this ordinance shall become effective August 1,
2001.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
16 .C.
TO CONSIDER AN ORDINANCE TO VACATE A DRAINAGE EASEMENT
(PRIVATE)DEDICATED FOR THE USE AS A BMP/SWM AREA,
WITHIN FERNBROOK, CHATHAM GROVE, PHASE IV
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider an ordinance to vacate a
drainage easement (private) dedicated for use as a BMP/SWM area
within Fernbrook, Chatham Grove, Phase IV.
No one came forward to speak in favor of or against the
ordinance.
After brief discussion, Mrs. Humphrey made a motion, seconded
by Mr. Miller, for the Board to adopt the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to V V ASSOCIATES~. a
Virginia general partnership, ("GRANTEE"), a
drainage easement (private) dedicated for use as a
BMP/SWM area within Fernbrook, Chatham Grove, Phase
IV, Dale Magisterial District, Chesterfield Country,
Virginia, as shown on a plat thereof duly recorded
in the Clerk's Office of the Circuit Court of
Chesterfield County in Plat Book 82, at Page 44.
WHEREAS, V V ASSOCIATES, petitioned the Board of
Supervisors of Chesterfield County, Virginia to vacate a
drainage easement (private) dedicated for use as a BMP/SWM area
within Fernbrook, Chatham Grove, Phase IV, Dale Magisterial
District, Chesterfield County, Virginia more particularly shown
on a plat of record in the Clerk's Office of the Circuit Court
of said County in Plat Book 82, Page ~4, by JORDAN CONSULTING
ENGINEERS, P.C., dated APRIL 14, 1993, and recorded OCTOBER 13,
1993. The easement petitioned to be vacated is more fully
described as follows:
A drainage easement (private) dedicated for use as a
BMP/SWM area within Fernbrook, Chatham Grove, Phase
IV, the location of which is more fully shown on a
plat made by JORDAN CONSULTING ENGINEERS, P.C.,
01-134
dated APRIL 14, 1993, and recorded OCTOBER 13, 1993,
a copy of which is attached hereto and made a part
of this Ordinance.
WHEREAS, notice has been given pursuant to Section
15.2-2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance of
the easement sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS
OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid easement be and is
vacated upon conveyance of the parcel encumbered by the
drainage easement (private) PIN 754683906500000, to the owner
of Lot 19, Fernbrook, Chatham Grove, Phase IV.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of the
Circuit Court of Chesterfield County, Virginia pursuant to
Section 15.2-2276 of the Code of Virginia, 1950, as amended.
GRANTOR, does hereby reserve all its right, title and
interest in the 16' sewer easement within the drainage easement
private) dedicated by the aforementioned plat.
The effect of this Ordinance pursuant to Section 15.2-2274
ms to destroy the force and effect of the recording of the
portion of the plat vacated. This Ordinance shall vest fee
simple title of the easement hereby vacated in the underlying
property owner free and clear of any rights of public use.
Accordingly, this Ordinance shall be indexed in the names
of the COUNTY OF CHESTERFIELD as GRANTOR, and V V ASSOCIATES,
a Virginia general partnership, or its successors in title, as
GRANTEE.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
16 .D.
TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A
FORTY FOOT RIGHT OF WAY KNOWN AS MID-CITY ROAD WITHIN
MID-CITY FARMS SUBDIVI~ION
Mr. Stith stated that this date and time has been advertised
for a public hearing to consider an ordinance to vacate a
portion of Mid-City Road within Mid-City Farms Subdivision.
No one came forward to speak in favor of or against the
ordinance.
On motion of Mr. McHale, seconded by Mrs. Humphrey, the Board
adopted the following ordinance:
AN ORDINANCE whereby the COUNTY OF CHESTERFIELD,
VIRGINIA, ("GRANTOR") vacates to FOREST LAKE
ASSOCIATES, L.L.C., a Virginia limited liability
company, ("GRANTEE"), a portion of a 40' right of
way known as Mid-City Road located in Mid-City Farms
Subdivision, BERMUDA Magisterial District,
Chesterfield County, Virginia, as shown on a plat
01-135
thereof duly recorded in the Clerk's Office of the
Circuit Court of Chesterfield County in Plat Book 3,
at Pages 242 and 243.
WHEREAS, FOREST LAKE ASSOCIATES, L.L.C., a Virginia
limited liability company, petitioned the Board of Supervisors
of Chesterfield County, Virginia to vacate a portion of a 40'
right of way known as Mid-City Road located in Mid-City Farms
Subdivision, BERMUDA Magisterial District, Chesterfield County,
Virginia more particularly shown on a plat of record in the
Clerk's Office of the Circuit Court of said County in Plat Book
3, Pages 242 and 243, by E. WARREN RITCHIE, dated APRIL 1913.
The portion of road petitioned to be vacated is more fully
described as follows:
A portion of a 40' right of way known as Mid-City
Road located in Mid-City Farms Subdivision, the
location of which is more fully shown on a plat made
by TIMMONS, dated JANUARY 11, 2001, a copy of which
is attached hereto and made a part of this
Ordinance.
WHEREAS, notice has been given pursuant to Section
15.2-2204 of the Code of Virginia, 1950, as amended, by
advertising; and,
WHEREAS, no public necessity exists for the continuance of
the portion of road sought to be vacated.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS
OF CHESTERFIELD COUNTY, VIRGINIA:
That pursuant to Section 15.2-2272 of the Code of
Virginia, 1950, as amended, the aforesaid portion of road be
and is hereby vacated.
This Ordinance shall be in full force and effect in
accordance with Section 15.2-2272 of the Code of Virginia,
1950, as amended, and a certified copy of this Ordinance,
together with the plat attached hereto shall be recorded no
sooner than thirty days hereafter in the Clerk's Office of the
Circuit Court of Chesterfield County, Virginia pursuant to
Section 15.2-2276 of the Code of Virginia, 1950, as amended.
The effect of this Ordinance pursuant to Section 15.2-2274
is to destroy the force and effect of the recording of the
portion of the plat vacated. Since the portion of road hereby
vacated is on the periphery of the plat, this Ordinance shall
vest fee simple title of the portion of road hereby vacated in
the abutting property owners, within Mid-City Farms
Subdivision, free and clear of any rights of public use subject
to the resubdivision of the lots adjacent to the portion of
Mid-City Road hereby vacated.
Accordingly, this Ordinance shall be indexed in the names
of the COUNTY OF CHESTERFIELD as GRANTOR, and FOREST LAKE
ASSOCIATES, L.L.C., a Virginia limited liability company or its
successors in title, as GRANTEE.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
16 .B.
TO CONSIDER AMENDMENTS TO THE SUBDIVISION, ZONING AND
UTILITY ORDINANCE
Mr. Warren stated that one of the proposed amendments deals
with underground utility issues and indicated that he works
01-136
with Virginia Power Dominion Generation on a daily basis in his
capacity as Chief of Radiological Preparedness for the
Commonwealth of Virginia Department of Emergency Services,
declared a conflict of interest under the Virginia Conflict of
Interest Act regarding this request, and excused himself from
the meeting.
Mr. Dave Hainley, Planning Administrator, stated that this date
and time has been advertised for a public hearing to consider
amendments to the subdivision, zoning and utility ordinances.
Mr. Miller stated that he represents a client who might stand
to gain from approval of the amendments to the Subdivision
Ordinance, declared a conflict of interest under the Virginia
Conflict of Interest Act regarding this request, and excused
himself from the meeting.
Mr. Hainley reviewed the amendments and stated that the current
ordinance requires utility lines to be underground but allows
transformers and pedestals to remain underground. He further
stated that the proposed ordinance would require the
transformers and pedestals to be underground if located in the
front yard. He stated that, after meeting with representatives
from utility companies, staff no longer feels it would be
appropriate to adopt the last sentence in Section 19-508.1.
Mr. Tom Faris, a resident of the Dale District, stated that he
supports the amendments and would like to see them go into
effect immediately.
Mr. William Shewmake expressed concerns relative to the
proposed requirement for access issues not being addressed
through zoning in the Subdivision Ordinance. He requested that
a provision be added to reference the ability to address the
access issue in zoning by amending Section 17-76. (h) (5) to read
~Relief to these requirements may be granted at time of zoning
or by the Planning Commission or Director of Planning."
Mr. Hainley stated that the language Mr. Shewmake has requested
is acceptable.
Mr. David Anderson, a resident of the Midlothian District,
engineer and member of the committee that created the proposed
ordinance, stated that he feels the ordinance is much better
than that of the past. He further stated that, on behalf of
the Homebuilders Association of Richmond, he feels adoption of
the proposed ordinance would make housing more affordable. He
stated that there are reasons for transformers and pedestals
being placed above ground and indicated that he does not see
them as eyesores.
Mr. John Cogbill, representing Virginia Power, commended staff
for their efforts on the amendments to the Subdivision
Ordinance. He expressed concerns relative to placing
transformers and pedestals underground including cost, lack of
technology, necessity for waterproofing, moisture problems, and
increased size of easement area. He stated that he feels
requiring utility companies to place transformers and pedestals
underground would have a tremendous adverse affect on the
ability to provide cost effective, reliable service. He
requested that the Board delete the last sentence in Section
19-508.1 relative to underground transformers and pedestals as
suggested by staff.
Mrs. Humphrey stated that she has not heard from any community
associations relative to the proposed amendments.
Mr. Kirby Brooks, representing Comcast Cablevision, stated that
Comcast is opposed to the last paragraph in Section 19-508.1
relative to placement of transformers and pedestals because of
01-137
system reliability, safety of workers and unknown cost
increases. He urged the Board to delete the paragraph.
There being no one else to speak to the ordinance, the public
hearing was closed.
After brief discussion, Mr. Barber made a motion for the Board
to adopt the amendments to the subdivision, zoning and utility
ordinances with the addition of the language ~'at the time of
zoning or" in Section 17-76.(h) (5) and deletion of the last
sentence of Section 19-508.1, with an effective date of
February 28, 2001.
Mr. McHale seconded Mr. Barber's motion.
Mrs. Humphrey called for a vote on the motion made by Mr.
Barber, seconded by Mr. McHale, for the Board to adopt the
following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997 AS AMENDED BY
AMENDING, AND RE-ENACTING SECTIONS 17- 1 THRU 91
RELATING TO SUBDIVISION OF LAND
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 17-1 et seq. of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Subdivision Ordinance
ARTICLE I. IN GENERAL
Sec. 17-1. Purpose of chapter.
Sec. 17-2. Definitions.
Sec. 17-3. Interpretation of chapter.
Sec. 17-4. Administration of chapter.
Sec. 17-5. Transfer or sale without approved plat
prohibited.
Sec. 17-6. Building permit restrictions.
Sec. 17-7. Tentative and final approved plats to comply
with chapter.
Sec 17-8. Alternatives to chapter provisions.
Sec 17-9. Conditions.
Sec 17-10. Planned developments.
Sec 17-11. Fees.
Sec 17-12. Legal remedies for violations.
Sec 17-13. Penalties.
Secs. 17-14--17-30. Reserved.
ARTICLE II. PLATS AND PLATTING
DIVISION 1. GENERAL
Sec. 17-31. Subdivision layout.
Sec. 17-32. Procedure for subdivision approval.
Sec. 17-33. Procedure for appeals.
Sec. 17-34. Vacation, alteration, etc., of recorded
subdivision.
Sec. 17-35. Amended and resubdivision plats.
Sec. 17-36. Recordation of plat prior to compliance with
zoning ordinance prohibited.
DIVISION 2. PREPARATION AND CONTENTS OF TENTATIVE PLATS
Sec. 17-37. General.
Sec. 17-38. Required information.
Sec. 17-39. Plat reduction required
Sec. 17-40. Overall conceptual subdivision plan.
01-138
DIVISION 3. PREPARATION AND CONTENTS OF FINAL CHECK AND RECORD
PLATS
Sec. 17-41. General.
Sec. 17-42. Subdivision Review.
Sec. 17-43. Required information.
DIVISION 4. PREPARATION AND CONTENTS OF FINAL CHECK AND RECORD
PLATS FOR RESIDENTIAL PARCEL SUBDIVISIONS AND PARCEL PROPERTY
LINE MODIFICATIONS
Sec. 17-44. General.
Sec. 17-45. Procedure for residential parcel subdivision
and property line modification approval.
Sec. 17-46. Residential parcel subdivision and parcel line
modification plat requirements.
Secs. 17-47--17-60. Reserved.
ARTICLE III. STANDARDS
DIVISION 1. MINIMUM STANDARDS AND REQUIRED IMPROVEMENTS
Sec. 17-61. Conformity to
regulations.
Sec. 17-62. Standard conditions.
Sec. 17-63. Floodplains.
Sec. 17-64. Preservation of
amenities.
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
applicable rules and
natural features and
17-65. Property markers / Geodetic Monuments.
17-66
17-67
17-68
17-69
17-70
17-71
17-72
17-73
17-74
Stormwater Drainage.
Streetlighting.
Easements.
Street names and street signs.
Buffers and Special Setbacks.
Designation of land for public use.
Improvements - Required.
Installation of improvements and bonding.
Maintenance requirements and bonding.
DIVISION 2. STREET STANDARDS
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
17-75
17-76
17-77
17-78
17-79
17-80
17-81
17-82
General.
Arrangement.
Access to arterial or collector streets.
Street right-of-way width.
Cul-de-sac streets.
Street intersections.
Alleys.
Sidewalks.
DIVISION 3 LOT AND PARCEL STANDARDS Sec. 17-83. Minimum requirements.
Sec. 17-84. Size of lots served by on-site disposal.
Secs.17-85-91. Reserved.
Chapter 17 SUBDIVISION OF LAND
ARTICLE I. IN GENERAL
Sec. 17-1. Purpose of chapter.
This chapter is adopted for the following purposes:
(a) To promote the public health, safety, convenience and
general welfare.
(b) To further the orderly layout and use of land.
(c To avoid undue concentration of population and overcrowding
of land.
(d To lessen congestion in the streets and highways.
01-139
(e) To provide for adequate light and air and for identifying
soil characteristics.
(f) To facilitate adequate provisions for transportation,
water, wastewater, storm drainage, schools, parks, and other
public requirements.
(g) To provide for adequate access and mitigating street
improvements.
(h) To ensure proper legal description and proper monumenting
of subdivided land.
(i) To promote safety from fire, flood, panic, and other
dangers.
(j} To facilitate the further resubdivision of tracts or
parcels of land.
(k) To promote the preservation and integration
environmental resources into subdivision layouts.
of
(1) To minimize the impact of development on environmental
resources.
These regulations are established with reasonable consideration
of the character of the county with a view toward conserving
the value of buildings upon the land and providing the best
possible environment for human habitation. It is intended that
these regulations shall supplement and facilitate the
enforcement of the provisions and development standards
contained in the Uniform Statewide Building Code, chapters 18
and 19 of this Code, the comprehensive plan, and other
applicable laws and regulations. A copy of this chapter shall
be maintained on file in the office of the director of
planning.
State law reference(s), Code of Virginia, §§ 15.2.2240-2241.
Sec. 17-2. Definitions.
The definitions contained in this section shall be observed and
applied, except when the context clearly indicates otherwise:
Access: The right to cross between public and private property
allowing pedestrians and vehicles to enter and exit property.
Adjacent: Property having a common boundary other than across
a street or alley.
Alley: As defined by chapter 19.
Best Management Practice (BMP) : As defined by chapter 19.
Block: As defined by chapter 19.
Buffer: A designated area of existing or proposed vegetation,
berms, fences or walls intended to address at least one of the
following:
1. provide open space between streets, properties and
certain uses,
2. preserve existing vegetation or provide for vegetation,
3. provide transition and separation,
4. reduce noise and glare,
5. maintain privacy, and
6. restrict vehicular access.
A buffer may also be a designated area of vegetation intended
01-140
to provide open space between areas zoned for or used for
residential or residential townhouse uses and sensitive
environmental or topographic features or historic features to
preserve existing vegetation, provide transition and
separation, maintain privacy, and control access.
Buildable footprint: The area of the building envelope which is
in compliance with the building site standards as specified in
this code by having sufficient area to contain the planned
structures, but in no case shall any of the four sides of the
buildable footprint for single family detached units have a
minimum perpendicular interior dimension less than twenty-five
(25) feet or as required to meet conditions of zoning.
Buildable footprints depicted on plats shall demonstrate the
ability of the subdivider to comply with all standards and on
lots or parcels with on-site disposal systems that the
buildable footprint location does not encroach upon the
approved disposal site.
Buildable lot: A lot that is recorded in accordance with
provisions of the Code as well as state law and that has at
least one building envelope.
Buildable parcel: A parcel that is recorded in accordance with
provisions of the Code as well as state law and that has at
least one building envelope.
Building: As defined by chapter 19.
Building envelope: The area of the lot or parcel which is in
compliance with the building site standards as specified in
this code. Ail building envelopes shall have sufficient area
to contain the planned structures, but in no case shall any of
the four sides of the building envelope for single family
detached units have a minimum perpendicular interior dimension
less than twenty-five (25) feet or as required to meet
conditions of zoning. Building envelopes shall not include
easements unless otherwise approved by the applicable
authority.
Building setback line: A line within a lot or parcel so
designated on a recorded plat or as otherwise established by
the Code, and that defines the building envelope.
Building setback line, front: As defined by chapter 19.
Chesapeake Bay Preservation Act ( CBPA ) : The Chesapeake Bay
Preservation Act, Virginia Code §§ 2100 et seq.
Code: The Chesterfield County Code of Ordinances as adopted and
amended.
Common open space: An area or areas within a development
designed and developed for the use or enjoyment of all
residents of the development and whose title is or will be held
by a homeowners association. Common open space is not a
buildable lot.
Commonweal th: The Commonwealth of Virginia.
Comprehensive plan: An overall guide to manage Chesterfield
County's physical growth adopted pursuant to the Code of
Virginia, §§ 15.2-2223 et seq.
Construction plans: A set of drawings and related
specifications for the construction of facilities within or
serving a subdivision including, but not limited to, streets,
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water and wastewater systems, stormwater improvements.
County: Chesterfield County, Virginia.
Cul-de-sac: A street with only one outlet to another street and
having an appropriate terminus for the safe and convenient
reversal of traffic movement.
Director of/Chief of: As defined by chapter 19.
Easement: As defined by chapter 19.
Engineer: An engineer licensed by the Commonwealth.
Flag lot: A lot which has a narrow appendage providing the
required street frontage and through which access is provided
to an enlarged portion of the lot typically located behind
another lot that abuts the street. Flag lots shall only be
utilized to protect or limit impacts to environmental or
historic resources.
Frontage: As defined by chapter 19.
Geographic information system (GIS) : Geographic information
system owned and operated by the county.
Highway engineer: The Virginia Department of Transportation
resident engineer or their designee serving the County.
Lot: As defined by chapter 19.
Lot, corner: As defined by chapter 19.
Lot depth: As defined by chapter 19.
Lot, interior: As defined by chapter 19.
Lot, recorded: As defined by chapter 19.
Lot, through: As defined by chapter 19.
Lot, width of: As defined by chapter 19.
Natural riparian corridor: Naturally vegetated buffer areas
adjacent and contiguous to streams which may include
non-isolated wetlands and other water bodies.
No Building Permit (NBP) : Lot requires inspection prior to
issuance of building permit which serves as the Land
Disturbance Permit for single family residential construction.
On-site disposal system: A sewage disposal system or any other
sewage treatment device not connected to the County's public
wastewater system approved by the county health department as
being in accordance with the rules and regulations of the state
department of health and applicable provisions of this Code.
Overall conceptual subdivision plan: A preliminary plan
depicting the general layout of street rights of way, lots,
major utility lines and drainage facilities as specified in
sec. 17-40.
Owner: Any person, group of persons, firm(s), corporation(s),
or any other legal entity having legal title to the land sought
to be subdivided under this chapter.
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Parcel: Land not part of a lot-subdivision.
Planned development: As defined by chapter 19.
Planning Commission: As defined by chapter 19.
Plat, amended: A recorded alteration of a record plat, or
portion thereof, which does not involve a change in property
lines. Amendments may include, but are not limited to, name
changes and corrections relating to metes and bounds
descriptions, coordinate points, floodplain limits, wetland
limits, RPA lines, setback lines, drainage easements, buffers,
misnumbered lots and text.
Plat, final check: The plat of a proposed subdivision of land
which meets all the requirements of this chapter and chapter
19, including any accompanying material, as described in
division 3 of article II of this chapter, submitted for review
and comment prior to the proposed record plat submission.
Plat, record: The plat of a subdivision of land which meets all
the requirements of this chapter and chapter 19 as well as
state laws, including any accompanying material as described in
division 3 of article II of this chapter, that has been
recorded by the clerk of the circuit court of the county.
Plat, resubdivision: A recorded change in a record plat which
involves property line alterations. Resubdivisions may
include, but are not limited to, combining lots, dividing a lot
between adjacent lots and alterations of lot lines.
Plat, tentative: A plan showing the required information for
a proposed subdivision, in accordance with section 17-38,
reviewed and approved by the director of planning or planning
commission for purposes of determining conceptual conformity
with article II division 2.
Plat, tentative adjusted: A plat showing a change(s) to an
approved tentative plat. An adjusted tentative is used when
change(s) effect more than ten (10) percent of the lots or
alters the street layout or which requires changes to approved
conditions to achieve conformance with construction plans.
Adjusted tentative plats are reviewed and approved by the
director of planning in accordance with section 17-32 (a}
(1) (A) or if the adjusted plat is for a tentative approved by
the planning commission, it shall be reviewed and approved by
the planning commission in accordance with section 17-32 (a)
(1) (B).
Plat, tentative substitute: A plat intended to replace an
approved tentative plat in accordance with the requirements of
section 17-4, showing minor changes including but not limited
to: subdivision or street name change(s), an alteration of
not more than ten (10) percent of the lots and that does not
alter the street layout nor change conditions to achieve
conformance with construction plans.
Property: Any piece, tract, lot, parcel of land or several of
the same collected together for the purpose of subdividing.
Right-of-way: the property, or interest therein, dedicated for
use as a public street which is in or is designated to become
part of the Virginia state transportation system.
Roadway: That portion of a street paved for use by vehicular
traffic.
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Resource Management Area (RMA) : Resource management area as
defined and regulated by chapter 19.
Resource Protection Area (RPA) : Resource protection area as
defined and regulated by chapter 19.
Setbacks: A series of lines established on a lot or parcel
based upon the minimum applicable yard requirements set forth
in chapter 19, this chapter or otherwise set forth in the Code
beyond which no structure may be constructed.
Stormwater Management {SWM) : Measures taken to mitigate the
impact of stormwater on the hydrologic cycle resulting from
changes to the landscape which occur when land is developed.
Stormwater Management/Best Management Practice (SWM/BMP) : A
facility or system whose purpose is to impact storm water
management from both a water quantity and water quality
standpoint.
Street: As defined by chapter 19.
Street, arterial: As defined by chapter 19.
Street, collector: As defined by chapter 19.
Street, eyebrow loop: A portion of a local street that has an
enlarged right of way area upon which lots front, incorporating
an area of pavement that is separated from the travel lanes by
a small landscaped island or an extended pavement width.
Eyebrow loop streets are not permitted on residential
collectors, collectors, or arterial streets. The maximum depth
of an eyebrow loop street shall be less than two (2) times the
required right of way width as measured from the adjacent right
of way line of the through street to the inside right of way
line of the eyebrow or similar location if the eyebrow is
totally contained within right of way.
Street, limited access: As defined by chapter 19.
Street, local: As defined by chapter 19.
Street, loop: A local street that has two (2) points of
intersection onto a street. The minimum depth of a loop street
shall be not less than three (3) times the required right of
way width as measured from the adjacent right of way line of
the through street to the inside right of way line of the loop
or similar location if the loop is totally contained[ within
right of way.
Street, residential collector: A street which is projected to
carry average daily traffic volumes above the acceptable level
established by the planning commission Stub Road Policy and
typically does not permit access to individual lots except as
provided for by section 17-77.
Street, stub: A street which is shown on a subdivision plat to
terminate at adjacent property to provide access for future
development.
Structure: As defined by chapter 19.
Subdivider: Any owner, proprietor or contract purchaser of a
lot or tract of land or their duly authorized representative
including planners, architects, landscape architects,
surveyors, engineers and others having training and experience
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in subdivision planning or design,
subdivision of land as defined herein.
who undertake the
Subdivision, Lot: The division of any parcel of land for
residential or residential townhouse use, into two or more
lots, any one of which is less than five (5) acres, or which
has street frontage on which access is located of less than
three hundred (300) feet or two hundred and fifty {250) feet if
a legally established access shared by no more than two lots is
used, for the purpose, either immediate or future, of transfer
of ownership or development for residential or residential
townhouse use. Lot subdivisions shall exclude:
(a) Family subdivisions as defined in residential parcel
subdivision.
(b) Granting or extinguishing easements, and division of
land for augmented estates, subordination or lien
priority, plats of confirmation and open space not
directed at the creation of lots or parcels for sale, and
not done for the purpose of circumventing this chapter.
(c) Division of any parcel of land for residential use,
into two or more parcels which are each more than five (5)
acres.
(d) Division of land with commercial or industrial zoning
as defined by chapter 19 of this code for the purpose of
office, business, or industrial development.
Subdivision, Conventional: A subdivision for single family
dwellings or two family dwellings as defined in chapter 19,
including but not limited to: dwellings with standard lot
setbacks, dwellings with specified bulk requirements, zero lot
line dwellings, z-lot dwellings, and cluster dwellings.
Subdivision, Minor: A lot subdivision which is exempted from
the tentative plat approval requirement and conforms to all of
the following:
(a) Not more than five (5) lots fronting on an existing
local street;
(b) Does not create any new streets;
(c) Does not require the extension of wastewater or water
lines;
(d) Does not require the installation of stormwater
improvements as determined by the director of
environmental engineering;
(e) Is in compliance with provisions of the Chesapeake
Bay Protection Act by having an average lot size of one
acre, is opted out, and is outside the Swift Creek
Reservoir drainage area:
(f) Conforms to the provisions of this chapter;
(g) Provides for right of way as shown in the
thoroughfare plan and bulk requirements of the zoning
ordinance.
Subdivision, Residential Parcel: The division, per article II
division IV, of any parcel of land for residential use, into
two (2) or more parcels all of which are more than five (5)
acres, and which:
1. have frontage of not less than three hundred (300) feet
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or two hundred and fifty (250) feet if a legally
established access shared by no more than two parcels is
used on an existing street, and;
2. access to the parcel is provided within the area of
required frontage, and;
3. the required minimum parcel width, per 1. above, is
maintained for a depth required to create a five (5) acre
parcel or in an arrangement approved by the director of
planning after determining that the configuration is
appropriate based upon limitations imposed by the parcel
shape and environmental features on the parcel and is not
for the purpose of circumventing this subsection.
(a) Residential parcel subdivisions shall include:
Family subdivisions which shall be defined as a single
division of land to create a lot or a parcel for the
purpose of a sale or gift to a member of the immediate
family of the property owner including a partition of
property owned by immediate family members. Only one such
division shall be allowed per family member and shall not
be for the purpose of circumventing this chapter. For the
purpose of this subsection, a member of the immediate
family shall be defined as any person who is a natural or
legally defined offspring, spouse, sibling, grandchild,
grandparent or parent of the owner. Family subdivision
shall comply with all applicable requirements of the
zoning ordinance and the standards set forth ~n this
chapter. Access shall be provided as required by the Code
of Virginia.
(b) Residential parcel subdivisions shall exclude:
Granting or extinguishing easements, and division of land
for augmented estates, subordination or lien priority,
plats of confirmation and open space, not directed at the
creation of lots or parcels for sale, and not done for the
purpose of circumventing this chapter.
Subdivision, parcel property line modification: An existing
legally created parcel that may or may not meet the current
area or dimensional requirements of this chapter and chapter 19
may be altered to increase the parcel area subject to the
requirements of section 17-44 (b) .
Subdivision, recorded: A subdivision that has been approved by
the county in accordance with this chapter and has been duly
recorded by the clerk of the court of Chesterfield County.
Subdivision, Townhouse: A subdivision for townhouses as defined
in chapter 19.
Subdivision, unrecorded: A proposed tentative or final check
plat that has been officially submitted for approval by the
county in accordance with this chapter and has not been
recorded by the clerk of the court of Chesterfield County.
Subdivision standards: The basic land-planning standards
established in this chapter and chapter 19 as guides for the
preparation of plats.
Surveyor: A certified land surveyor authorized under the laws
of the Commonwealth.
Tract: See Parcel.
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Vicinity sketch: A location map of the subdivision with the
existing streets and street names which provide access shown to
a scale of one inch equals 2,000 feet.
Water supply, individual well: A well supplying a source of
water to one lot.
Water supply, public system: A water supply and distribution
system owned and operated by the county.
Wastewater, public system: A wastewater system owned and
operated by the county.
Wetlands: As defined by chapter 19.
Cross reference(s)--Definitions and rules of construction
generally, § 1-2.
State law reference(s), Code of Virginia, §§ 15.2-2240.
Sec. 17-3. Interpretation of chapter.
(a) The provisions of this chapter are the minimum requirements
for the promotion of the public health, safety, convenience and
general welfare.
(b) Where the conditions imposed by this chapter are different
from the comparable conditions imposed by any other provisions
of this chapter or of any other applicable regulation of any
kind, the regulations which are more restrictive and impose
higher standards or requirements shall govern.
(c) This chapter is not intended to invalidate any easement,
covenant, or other private agreement; provided, that where the
regulations of this chapter are more restrictive or impose
higher standards or regulations than such easement, covenant,
or other private agreement, the requirements of this chapter
shall govern.
State law reference(s), Code of Virginia, §§ 15.2-2240.
Sec. 17-4. Administration of chapter.
(a) The director of planning is hereby delegated the authority
to administer this chapter.
(b) The director of planning shall perform all duties regarding
subdivision and subdividing in accordance with this chapter and
applicable state law.
(c) The director of planning may call on opinions or decisions,
either verbal or written, from county officials in considering
details of any submitted plat.
(d) The director of planning may, from time to time, establish
any reasonable administrative procedures deemed necessary for
the proper administration of this chapter.
(e) The director of planning may accept a substitute tentative
plat in lieu of the approved tentative plat. The director
shall, as a part of the acceptance, determine that the
substitute plat has no substantive impact on an appealable
issue. The director shall advise the subdivider if the plat is
acceptable without providing additional notice or appeal
rights.
(f) Notwithstanding the above, the directors of environmental
engineering, transportation and utilities shall administer the
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improvements required by sections 17-72-74.
State law reference(s), Code of Virginia, § 15.2-2241.
Sec. 17-5. Transfer or sale without approved plat prohibited.
No person shall subdivide land without making and recording a
plat of the subdivision and without fully complying with the
provisions of this chapter of the Code. No plat of any
subdivision shall be recorded unless and until it has been
submitted to and approved by the planning commission or
director of planning. No person shall sell or transfer any lot
or parcel of an unrecorded subdivision, before a plat has been
duly approved and recorded in the circuit court clerk's office..
State law reference(s), Code of Virginia, ~ 15.2-2254.
Sec. 17-6. Building permit restrictions.
{a) No building permit shall be issued for the construction of
any building or structure on a lot or parcel if the lot or
parcel is created or established in violation of the provisions
of this chapter.
(b) No building permit shall be issued on a proposed lot that
has not been recorded.
(c) No building permit shall be issued on a lot or parcel which
is not in compliance with Chapter 8 of the Code of Chesterfield
County.
(d) No building permit shall be issued on parcels recorded
after February 27, 2001 that have not been reviewed and
approved in accordance with article II division 4 of this
chapter.
(e) No building permit shall be issued on a lot or parcel until
such time the county has assigned all necessary coding and
addressing.
(f) Parcels and/or lots recorded prior to January 1, 1980 shall
be considered buildable if they meet all standards relative to
the appropriate zoning district. If frontage and width
standards cannot be met, the parcel or lot is eligible to apply
for a variance.
(g) Parcels recorded between January 1, 1980 and August 24,
1988, shall be considered buildable if:
(1) The parent parcel was only split once into two (2)
parcels, each meeting all zoning standards, or
(2) The parent parcel was split for immediate family
members. If all zoning standards cannot be met, the
parcel or lot is eligible to apply for a variance, or
(3) The parent parcel was split several times into
"exemption lots" whereby each lot has a minimum of
thirty-thousand (30,000) square feet and a minimum of one
hundred and twenty-five (125) feet of frontage, provided
that seventy-five (75) feet from the center line of the
street the parcel width measures a minimum of one hundred
and fifty (150) feet. The last parcel remaining may meet
the minimum standards relative to that zoning district.
(h) Parcels recorded between August 25, 1988 and June 22, 1993,
shall be considered buildable if:
(1) The parent parcel was only split into parcels
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containing a minimum of five (5) acres and a minimum of
two hundred (200) feet of frontage and a minimum of one
hundred and fifty (150) feet of width at the required
minimum building setback or building location, or
(2) The parent parcel was split for immediate family
members. If all zoning standards cannot be met, the
parcel is eligible to apply for a variance.
(3) The utilities and health department confirm that the
parcel complies with the utility connection requirements
or the increased bulk standards related to the usage of
well and septic.
(i) Parcels recorded between June 23, 1993 and June 30, 1999,
shall be considered buildable if the utilities and health
departments confirm that the parcel complies with the utility
connection requirements or the increased bulk standards related
to the usage of well and septic, and:
(1) The parent parcel was only split into parcels
containing a minimum of five (5) acres and a minimum of
three hundred (300) feet of frontage or two hundred and
fifty (250) feet of frontage if there is a shared common
access and a minimum of one hundred and fifty (150) feet
of width at the required minimum building setback or
building location, or
(2) The parent parcel was split for immediate family
members. If all zoning standards cannot be met, the
parcel or lot is eligible to apply for a variance.
(j) Parcels recorded between July 1, 1999 and February 28,
2001, shall be considered buildable if the utilities and health
departments confirm that the parcel complies with the utility
connection requirements or the increased bulk standards related
to the usage of well and septic, and:
(1) The parent parcel was only split into parcels
containing a minimum of five (5) acres and a minimum of
three hundred (300) feet of frontage or two hundred and
fifty (250) feet of frontage if an access shared by no
more than two lots or parcels is used, for a depth of one
thousand (1000) feet or that necessary to create a five
(5) acre parcel. Access to the lots or parcels shall be
from the location of the frontage, or
(2) The parent parcel was split for immediate family
members. If all zoning standards cannot be met, the
parcel or lot is eligible to apply for a variance.
State law reference(s), Uniform Statewide Building Code, (USBC)
§ 108.1.
Sec. 17-7. Tentative, final check and record plats to comply
with chapter.
No plat of a subdivision shall be approved which does not
comply with all of the provisions of this chapter.
State law reference(s), Code of Virginia, § 15.2-2254.
Sec. 17-8. Alternatives to chapter provisions.
Unless mandated by state code, ' the director of planning or
planning commission may approve alternatives to the general
provisions of this chapter in cases of unusual situations or
where strict adherence to these general regulations would
result in substantial injustice or hardship. The director of
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planning may refer any request to the planning commission.
Such alternatives shall substantially comply with the
provisions of this chapter so that justice may be done and the
public interest secured. Such alternatives shall not have the
effect of nullifying the intent and purpose of this chapter;
and the alternative shall not be approved unless the subdivider
presents evidence that:
(a) The granting of the alternative will not be detrimental to
the public safety, health or welfare, or injurious to other
property or improvements in the neighborhood in which the
property is located;
(b) The conditions upon which the request for an alternative is
based are unique to the property for which the alternative is
sought, and are not applicable, generally, to other property;
(c) Because of the particular physical surroundings, shape or
topographical conditions of the specific property involved, a
particular hardship to the owner would result, as distinguished
from a mere inconvenience, if the strict letter of the
provisions of this chapter were carried out; and
(d) The purpose of the alternative is not based exc].usively
upon a financial consideration.
State law reference(s), Code of Virginia, ~ 15.2-2242.
Sec. 17- 9. Conditions.
In approving alternatives, the director of planning or ]planning
commission may impose such conditions specifically related to
the impact of the proposed subdivision as may be deemed
necessary to secure substantially the objectives of the
standards and requirements of this Code.
State law reference(s), Code of Virginia, § 15.2-2242.
Sec. 17-10. Planned developments.
The standards and requirements of this chapter may be modified
in the case of planned developments when the planning
commission or director of planning finds the developments
provide adequate public spaces, improvements for the
circulation of traffic, recreation, light, air, stormwater
management, and public utilities service needs for tile fully
developed tract, and also provide such covenants or other legal
provisions as will assure conformity and achievement of the
comprehensive plan.
State law reference(s), Code of Virginia, § 15.2-2242.
Sec. 17-11. Fees.
The fees for processing subdivisions by the county shall be
payable upon submission of the plats to the county for
tentative or final approval and shall be equal to the
following:
(a) Tentative subdivision approval, or resubmittal of an
expired previously approved tentative:
(1) Original submittal, including up to two resubmittals
$3o0.o0
Plus, per lot
$20.00
(2) Renewal of previously approved tentative, including up to
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two resubmittals in accordance with provisions of Section 17-32
$3oo.oo
Plus, per lot
$20.00
(3) Third and subsequent submittal for (1) and (2), per
submittal $ 200.00
(4) Substitute to approved tentative, per submittal
$50.00.
(5) Adjusted tentative for previously approved tentative,
including up to two resubmittals $300.00
Plus, per lot (within twelve months of approval).
$15.00 or
Plus, per lot (beyond twelve months of approval).
$20.00
Third and subsequent, per submittal
$200.00
(b) Final check, amended and resubdivision plat review:
(1) Final check plat subdivision and minor subdivision review
$650.00
(Only one base fee will be required for final check plats
required to be submitted in multiple sections due to provisions
of section 17.42.)
Plus, per lot
$5.00
(2) Final check resubdivision plat review
$500.00
Plus, per lot
$5.00
(3) Final check amended plat review
$300.00
Plus, per lot
$5.00
(c) Residential parcel sgbdivision
$35.00 per parcel
(d) Parcel line modification review
$25.00 per parcel
(e) Appeal of decision of director of planning
$260.00
(f) Onsite sewage disposal system soils analysis review
.$155 per lot/parcel
State law reference(s), Code of Virginia, § 15.2-2241.
Sec. 17-12. Legal remedies for violations.
(a) In addition to the penalties specified in section 17-13,
the county administrator or director of planning may institute
any appropriate action or proceedings to prevent such violation
or attempted violation of this chapter and to restrain, correct
or abate such violation or attempted violation.
(b) The board may exempt a parcel from the Subdivision
Ordinance as a condition of a CUPD when requested in writing by
a bona fide purchaser of such parcel without notice that the
parcel was created in violation of the provisions of this
chapter where the following additional circumstances exist:
1. The parcel is zoned Agricultural (A); and
2. The parcel is located in an area that is designated
for rural conservation on the Comprehensive Plan; and
3. A building permit was issued for the parcel at a time
when the parcel was legally configured.
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State law reference(s), Code of Virginia, §
-2255.
15.2-2241, -2254,
Sec. 17-13. Penalties.
Any person violating the provisions of this chapter shall be
subject to a judicially imposed fine in the appropriate court
of not more than $500.00 for each lot or parcel of land so
subdivided or transferred or sold; the description of such lot
or parcel by metes and bounds in the instrument of transfer or
other document used in the process of selling or transferring
shall not exempt the transaction from such penalties or from
the remedies herein provided.
State law reference(s), Code of Virginia, § 15.2-2254.
Sees. 17-14--17-30. Reserved.
ARTICLE II. PLATS AND PLATTING
DIVISION 1. GENERAL
Sec. 17-31. Subdivision layout.
The director of planning or the planning commission, in the
examination of subdivision plats for approval, shall take into
consideration the Comprehensive Plan, the community, and the
best layout of the land being subdivided. Attention shall be
given to items including but not limited to: rights of way
width, location of streets, suitable sanitary utilities,
stormwater management, lot arrangements, and public facility
requirements such as parks, schools, and other facilities.
State law reference(s), Code of Virginia, § 15.2-2241.
Sec. 17-32. Procedure for lot subdivision approval.
(a) Following is a summary of the approval procedure for
subdivisions.
(1) Ail proposed lot subdivisions, except minor and parcel
subdivisions, must submit a tentative plat for approval in
accordance with division 2 of this article. Tentative plats
are submitted to the director of planning. The subdivider may
specify whether the plat is to be reviewed administratively or
by the planning commission.
(2) An overall conceptual subdivision plan shall be submitted
if the subdivision will be developed in phases, contains mixed
uses, or if such a plan is required by a condition of zoning.
(3) Changes to an approved tentative plat shall be submitted
as an adjusted plat or a substitute plat, in accordance with
section 17-4.
(4) Approved tentative plats shall be valid for five (5) years
from the date of approval. Adjusted and substitute tentative
plats shall expire on the date of the initial tentative
expiration.
(5) Once a tentative plat is approved, construction plans may
be submitted for undeveloped subdivisions. The construction
plans shall be submitted to the director of environmental
engineering. Once construction plans are approved, a land
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disturbance permit may be issued.
(6) Final check plats may be submitted for approval any time
after approval of a tentative plat and construction plans, if
required. Final check plats are required for all previously
unrecorded lot subdivision plats, amended or resubdivision
plats and minor subdivisions.
(7) After the final check plat has been reviewed and commented
upon by the planning commission or director of planning, the
subdivider may submit the record plat for recordation. Once
the record plat has been recorded, lots in the subdivision may
be sold.
(8) Changes to a record plat may be made by submitting an
amended or resubdivision plat in accordance with sections 17-35
and 36.
(b) Procedure for Approving Tentative
Tentative Plats and Tentative Renewals.
Plats, Adjusted
(1) Unless otherwise required, completed applications and
plats submitted by subdividers to the director of planning,
shall be reviewed and approved under the administrative review
and approval procedure set forth in subsection (A) of this
section unless the subdivider elects to submit the completed
application and plat for review and approval under the planning
commission review and approval procedure set forth in
subsection (B) of this section. During the administrative
review procedure, the subdivider or director of planning may
amend the application and refer the plat to the planning
commission for approval. The submission to the director of
planning of a completed application shall grant the county and
its agents the right to enter the property at all reasonable
times for the purpose of inspecting the property in conjunction
with the review of the proposed subdivision.
(A) The following procedure shall be followed for
administrative review and approval of tentative plats and
adjusted tentative plats:
(i) The subdivider shall prepare a tentative plat for all
proposed subdivisions excluding minor subdivisions in
accordance with the provisions of division 2 of this
article, and submit such plat to the director of planning
who shall determine that the plat is in conformity with
the provisions of this chapter, and obtain recommendations
from the applicable departments and other public entities.
The subdivider shall have the right to defer receipt of
the recommendations for a maximum of ninety (90) calendar
days from the date of submission. The deferral request
shall be made in writing to the director of planning.
After receipt of such recommendations, the director of
planning shall:
1. Approve such graphically correct tentative plat
submission with or without conditions. Approval
shall be made not less than twenty-two (22) calendar
days nor more thirty (30) calendar days after receipt
of a complete tentative plat submission unless the
subdivider requests a deferral, or
2. Disapprove the tentative plat providing written
findings giving specific reasons for disapproval to
the subdivider within thirty (30) calendar days after
receipt of a complete tentative plat submission
unless the subdivider requests a deferral. Such
reasons shall relate to issues which prevent the
approval of the plat.
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3. Refer the plat to the planning commission for
review, if the director receives written request from
an adjacent property owner or property owner directiy
across the street from the property or an adjacent
property owner within fifteen (15) calendar days of
the date of the sign posting and such request relates
to the proposed location of streets, water,
wastewater, stormwater conveyance systems, and
stormwater facilities or to the implementation of
conditions of zoning required to be complied with at
time of tentative plat approval.
4. If the director of planning fails to approve or
disapprove a tentative plat, adjusted plat or
tentative renewal within sixty (60) calendar days
after submittal of the tentative, unless the
subdivider requests a deferral, the subdivider may
petition the Chesterfield Circuit Court in accordance
with state law.
(ii) Approved tentative plats shall be valid for five (5)
years from the date of approval. Adjusted and substitute
tentative plats shall expire on the date of the initial
tentative expiration.
(iii)Tentative plat renewals shall be prepared and
submitted in accordance with section 17-32 (b) for initial
tentative plat approval. Applications for tentative
renewal shall be submitted at least thirty (30) calendar
days prior to expiration. The director of planning may
renew tentative plats for additional five-year periods
subject to all previously imposed conditions or impose new
conditions based upon applicable codes and ordinances not
in effect at the time of the original approval or changes
in the built environment. When the subdivider proposes
changes to the approved tentative, renewal requests shall
be evaluated by the director of planning who may deem the
submission to constitute a new tentative plat.
(iv) The planning commission reserves the right to recall
any portion of an approved tentative plat that has not
been recorded.
(B) The following procedure shall be followed for i?lanning
commission review and approval of tentative plats:
(i) The subdivider shall prepare a tentative plat which
is in accordance with the provisions of division 2 of this
article. The director of planning shall obtain the
recommendations from the applicable departments and other
public entities and submit a report to the planning
commission outlining the recommendations. After receipt of
such report, the planning commission shall make one of the
following two decisions.
1. Approve such tentative plat with or without
conditions within sixty (60) calendar days after
submission of the completed application including a
referral of the final approval to staff to insure
that any required graphical changes are made.
Deferral of approval of the plat at the subdivider's
request to enable the subdivider to make changes
shall be deemed to extend the decision deadline date.
2. Disapprove the tentative plat within sixty (60)
calendar days after submission of the completed
application. Written findings giving specific reasons
for disapproval shall be reported to the subdivider
at the time of disapproval. Such reasons shall also
state the modifications or corrections as will permit
01-154
(c)
approval of the plat. Deferral of approval of the
plat at the subdivider's request to enable the
subdivider to make changes shall be deemed to extend
the decision deadline date.
If the planning commission fails to approve or disapprove
a tentative plat, adjusted plat or tentative renewal
within sixty (60) calendar days after submission of the
completed application the subdivider may petition the
Chesterfield Circuit Court in accordance with state law.
Any deferral at the subdivider's request shall be deemed
to have extended the decision deadline date.
(ii) Approved tentative plats shall be valid for five (5)
years from the date of approval. Adjusted and substitute
tentative plats shall expire on the date of the initial
tentative expiration.
(iii) Unless specifically approved otherwise, adjustment
or renewal of tentative plats approved by the planning
commission will be performed by the planning commission
pursuant to provisions of Section 17-32 (b) (1) c.
(iv) The planning commission reserves the right to recall
any portion of an approved tentative plat that has not
been recorded.
Procedure for posting of public notices on property.
(i) The director of planning upon receipt of a tentative,
adjusted tentative, tentative renewal or minor subdivision
final check plat application shall post a sign on the
subject property to inform the public of the application.
Such posting must occur for at least twenty-one (21)
calendar days before:
1. the planning commission hearing on any adjusted
tentative, tentative renewal or minor subdivision
final check plat, or
2. the date of administrative approval of a
tentative, adjusted tentative, tentative renewal or
minor subdivision final check plat.
(ii) No approval of an initial tentative submission may
occur until after the twenty-one (21) day notice period.
An application will not be considered complete until the
twenty-one (21) day notice period has expired. If the
director of planning receives written notice from an
adjacent property owner or property owner directly across
the street from the property or an adjacent property owner
concerned about conditions solely relating to the proposed
location of streets, water, wastewater, stormwater
conveyance systems, and stormwater facilities or to the
implementation of conditions of zoning required to be
complied with and implemented at the time of tentative
approval, within fifteen (15) calendar days of the posting
of the sign for a plat under administrative review, the
director shall refer the plat to the planning commission
for review. The review will be conducted as set forth in
subsection (B).
(iii) The notice provided for by this section shall also
be posted at reasonable intervals along streets abutting
the subject property, or, if there is no abutting street,
then at the proposed street entrance to the property. The
notice shall be posted in locations so as to be reasonably
visible from the street(s). The validity of any action on
an application, or an appeal as provided for in this
section, shall not be affected by the unauthorized removal
of a notice which has been duly posted in accordance with
this section.
01-155
(D) Procedure for Review of Construction Plans.
(i) Prior to submitting construction plans, subdividers
shall obtain tentative plat approval.
(ii) Ail construction plans shall be submitted to the
director of environmental engineering for
distribution to applicable departments and agencies
for review and approval.
(iii)Issuance of a land disturbance permit by the erosion
and sediment program administrator shall constitute
notification that the construction plans have been
approved.
(E) Procedure for Review of Final Check Plats.
(i) Prior to submitting final check plats for
subdivisions that require construction plans, subdividers
shall submit those plans and obtain approval from the
director of environmental engineering.
(ii) Final check plats shall be submitted for all
previously unrecorded subdivision plats, amended or
resubdivision plat and minor subdivisions.
1. The subdivider shall prepare and submit to the
director of planning paper copies of the final check
plat incorporating all requirements of an approved
and non-expired tentative plat and approved
construction drawings and in accordance with the
provisions of division 3 of this article. However,
the tentative plat may expire during the final check
process.
2. A subdivider proposing an amended or resubtivision
plat shall prepare and submit to the director of
planning paper copies of the final check plat in
compliance with the provisions of division 3 of this
article.
3. A subdivider proposing a minor subdivision shall
prepare and submit to the director of planning paper
copies of the final check plat in compliance with the
provisions of division 3 of this article. Conditions
imposed on the project resulting from the review of
a minor subdivision shall be considered tentative
plat approval conditions. Notice of the lproposed
minor subdivision shall be posted on the affected
property as required in section 17-32.
Administrative delivery of conditions to the
subdivider shall constitute a final review' of the
plat.
(iii) The director of planning shall review the final
check plat and all necessary certificates to determine its
conformity with the approved tentative plat if applicable
and the requirements established in this chapter and
obtain comments from other departments and public entities
within thirty (30) calendar days of its submission unless
the time is extended by written request of the subdivider.
The director of planning shall notify the subdivider of
required changes to incorporate in the preparation of the
record plat; or send such plat to the planning commission
for their recommendation as to final action thereon if the
subdivider and director of planning differ as to the plats
compliance with requirements of the Code or tentative
conditions.
(iv) The director of environmental engineering shall
review the plat and verify the items required in section
01-156
(~)
17- 43 have been provided, and
1. The Richmond Regional /Crater Planning District
road name approval is current.
2. Payment in the appropriate amount, made to the
treasurer of Chesterfield County, has been provided
for new street signs and the streetlight fees
including the program administration fee.
3. Ail bonding required by section 17-73 is in
force.
A copy of the subdivider's snow removal contract
has been received.
5. Ail erosion control ordinance requirements,
incluing satisfactory implementation and/or
maintenance of erosion control measures in the field,
have been fulfilled.
6. No areas within any proposed subdivision or
resubdivision plat shall be set aside for future use
or otherwise carry the designation "reserved."
(v) After the final check plat has been reviewed and
commented upon by the director of planning, the subdivider
may submit the record plat for recordation incorporating
the final check plat comments.
(vi) Final check plat review comments are valid for a
period of six (6) months during which time the record plat
must be submitted for approval. If record plats are not
submitted within this period, the subdivider shall submit
a new application, fee and final check plat for review.
Procedure for Approval of Record Plats.
(i) The subdivider shall submit to the director of
planning one (1) print conforming to the Virginia State
Library and Archives Standards for plats and two (2)
transparencies (photographic positive polyester film) of
the record plat.
(ii) An authorized staff member of the planning department
shall review and sign the plat if it is determined to be
in compliance with the planning department's final check
comments. The plat will then be forwarded to the director
of environmental engineering.
(iii) After the authorized staff member of the planning
department signs the plat, the director of environmental
engineering shall review the plat and verify the items
required in section 17-43 have been provided and,
1. The plat has been approved for recordation by the
assessor's office and GIS to include House Numbering.
2. The Richmond Regional /Crater Planning District
road name approval is current.
3. Payment in the appropriate amount, made to the
treasurer of Chesterfield County, has been provided
for new street signs and the streetlight fees
including the program administration fee.
4. All bonding required by section 17-73 is in force.
5. A copy of the subdivider's snow removal contract
has been received.
01-157
6. Ail erosion control ordinance requirements,
including satisfactory implementation and/or
maintenance of erosion control measures in the field,
have been fulfilled.
If the plat is determined to be in compliance with the
above and applicable sections of the Code, the director of
environmental engineering shall sign the plat. The
director of environmental engineering shall not approve a
plat that has not been verified by either the director of
utilities as meeting utility requirements or the director
of the health department if utilizing wells and/or on-site
disposal. The subdivider shall have six (6) months from
the date of submission of the record plat to achieve
compliance and obtain approval from the director of
environmental engineering. If the subdivider fails to
obtain approval within that timeframe, the subdivider
shall resubmit the plat, with a new application and fee
beginning at the final check plat submission. The
tentative plat must be current if a resubmission is
required.
(iv) The director of environmental engineering shall
return the plat to the director of planning who shall sign
the plat upon receipt. The director of planning shall not
approve a plat for recordation that has not been approved
by the director of environmental engineering.
Administrative approval or disapproval shall constitute a
final decision on the plat.
Once the plat has been approved by all applicable departments,
the director of planning shall submit the print to be recorded
in the clerk's office of the circuit court of the county,
retain one mylar for the planning department and send the
second mylar to the environmental engineering department.
State law reference(s), Code of Virginia §15.2-2258 - 2261.
Sec. 17-33. Procedure for appeals.
(a) If the director of planning or the planning commission
does not act upon the proposed tentative plat within sixty (60)
calendar days from the date the completed application has been
submitted, the subdivider, after ten (10) calendar days written
notice to the planning commission, may petition the circuit
court of the county to decide whether the plat should c.r should
not be approved in accordance with state law. Deferral of
approval of the tentative plat at the subdivider's request to
enable the subdivider to make changes shall be deemed to extend
the decision deadline date.
(b) If the director of planning or the planning commission
takes action on a tentative plat and the subdivider contends
that such action was not consistent with this chapter, or was
arbitrary or capricious, an appeal may be filed with the
circuit court of the county in accordance with state law.
(c) If the director of planning or the planning commission
does not act upon the proposed final check or record plat
within sixty (60) calendar days from the date the application
was submitted, the subdivider, after ten (10) calendar days
written notice to the planning commission, may petition the
circuit court of the county to decide whether the plat should
or should not be approved in accordance with state law.
Deferral of approval of the plat at the subdivider's request to
enable the subdivider to make changes shall be deemed to extend
the decision deadline date.
01-158
(d) If the director of planning or the planning commission
takes action on a final check or record plat and the subdivider
contends that such action was not consistent with this chapter,
or was arbitrary or capricious, an appeal may be filed with the
circuit court of the county in accordance with state law.
State law reference(s), Code of Virginia, ~§ 15.2-2259, 2260.
Sec. 17-34. Vacation, alteration, etc., of recorded
subdivision.
Record plats may be changed, altered or vacated as provided by
state law and § 16-31 of the County Code.
State law reference(s), Code of Virginia, §§ 15.2.2270 - 2278.
Sec. 17-35. Amended and resubdivision plats.
(a) Ail amended or resubdivision plats shall be submitted to
the director of planning for review prior to recordation. If
based upon a review of the proposed alteration to the record
plat, the director of planning determines that the changes to
the record plat are of a sufficient magnitude to require a new
tentative plat, the amended or resubdivision plat shall not be
approved and a new tentative plat must be submitted and
approved in accordance with Section 17-32 (1). No amended or
resubdivision plats shall be recorded until approved in the
same manner as record plats per section 17-32 (5).
(b) In districts zoned for residential or residential townhouse
uses, no resubdivision shall be approved where the newly
created lot(s) are smaller than the average lot size and lot
width of other lots in that block. However, this requirement
shall not apply to the resubdivision of lots within an existing
subdivision where the purpose is to adjust lot lines and no new
lots are created, or where the resubdivision involves a
submission of a new tentative plat that incorporates more than
ninety (90) percent of the originally recorded block or
section.
State law reference(s), Code of Virginia, § 15.2-2275.
Sec. 17-36. Recordation of subdivision plat prior to compliance
with zoning ordinance prohibited.
No plat for a lot subdivision shall be recorded unless the land
is included within a residential, or townhouse residential
zoning district, or is a residential use in a commercial zoning
district as defined by chapter 19 of this Code.
State law reference(s), Code of Virginia, § 15.2-2254.
DIVISION 2. PREPARATION AND CONTENTS OF TENTATIVE PLATS
Sec. 17-37. General.
(a) Every proposed lot-subdivision excluding minor
subdivisions shall be submitted to the director of planning or
the planning commission for tentative approval in accordance
with the provisions of section 17-32 in the form of a tentative
plat prior to the submission of a final check plat. The
tentative plat is not intended to be a final check plat and
shall be prepared in such form as not to be confused with a
final check plat. Its purpose is to show graphically all facts
needed for the director of planning or the planning commission
and other public entities to determine whether the proposed
01-159
subdivision layout is in compliance with state law, the Code
and conditions of zoning approval. The plat shall be prepared
by the subdivider (i.e., the owner of the land, planners,
architects, landscape architects, surveyors, engineers and
others having training and experience in subdivision planning
or design).
(b) The graphic and descriptive items set out in section 17-38
are required to be shown on the tentative plat. The lack of
information under any item specified herein, or improper
information supplied by the subdivider, may be cause for
rejection as an incomplete application or disapproval of a
tentative plat.
State law reference, Code of Virginia. § 15.2-2260.
Sec. 17-38. Required information.
Written application for approval by the subdivider, shall
accompany each submittal of a tentative, substitute, adjusted,
or tentative renewal plat. The tentative plat shall be drawn
at a scale no greater than one inch equals fifty (50) feet for
townhouse subdivisions; other subdivisions shall be at a scale
of one inch equals one hundred (100) feet. Variations in scale
may be made upon request at the discretion of the director of
planning. The plat shall show correctly the following
information:
(a) Name for file identification
1. Name of subdivision if property is within an existing
subdivision.
2. Proposed name, which shall not duplicate the name of
any existing or tentatively approved subdivision or names
of streets or commercial developments.
(b) Location and description of the property. Location of
property by tax identification number(s) as designated on
county property maps.
(c) Basic facts and proposals pertaining to the property shown
as general notes:
1. Size in acres or square feet.
2. Existing zoning classification(s), and applicable
zoning cases number(s) of the property.
3. Proffers and/or conditions of zoning and schematic
plan conditions.
4. Number of lots proposed in subdivision.
5. Area of lots, streets, open space and common space
proposed: minimum, average and maximum lot size in square
feet.
6. Proposed use of water and wastewater facilities.
7. Method of street stormwater conveyance.
8. Parcels or land intended to be dedicated or conveyed
for public use, and the conditions proposed for such
disposal and use as specified in section 17-71.
9. Date, revision dates, and scale.
01-160
10. The name, mailing address, street address, phone
number, and fax number and e-mail address if available of
the owner(s), proposed owner(s) and the subdivider
11. The method by which Chesapeake Bay Protection Act
(CBPA) compliance is achieved.
(d) Basic facts and proposals pertaining to the property
including the following shall be graphically shown:
1. Graphic scale, North American Datum (NAD) 83 north
arrow and vicinity map.
2. The length and bearing of the exterior boundaries of
the subdivision. Dimensions shall be expressed in feet at
a minimum to the first decimal point.
3. Adjacent subdivision name(s), adjacent parcel owner
name(s) and tax identification number(s), side boundary
lines of adjoining lots and parcels and county boundary
line if applicable. Existing zoning boundaries on the
property and adjacent property.
4. Location, width, state route numbers and names of all
existing and platted streets, alleys, and other rights of
ways and existing onsite and offsite easements, buildings,
bridges, on or adjacent to the tract and other pertinent
data as determined by the director of planning.
5. Layout, and width, of all proposed lots, streets with
centerline curve data and names per County ordinance,
alleys, sidewalks, offsite easements for wastewater,
water and stormwater intended to serve the property. Ail
lots shown shall be buildable lots (this may require a
building envelope to be shown).
6. The layout and size of the existing and proposed
wastewater, water mains, fire hydrants, and existing storm
sewers/culverts, and other underground structures within
the tract or immediately adjacent thereto. The utility
layout shall be consistent with the County's water and
sewer specifications and procedures. Any deviation must
be requested in writing and approved by the director of
utilities. Water and wastewater connections shall be
graphically shown where feasible, otherwise a note
indicating the approximate distance and contract number of
the existing water/wastewater line(s). Water and
wastewater lines shown shall not be located within any
stormwater management or best management plan facility
unless approved by the directors of environmental
engineering and utilities.
7. Approximate dimensions of lots and sequential lot
numbers.
8. Proposed front building setback lines on lots where
the minimum lot width is not met at the minimum setback
line.
9. Labeled contours at vertical intervals of not more
than five (5) feet and at more frequent intervals if
required by the director of planning for land with flat
topography. Labeling shall occur at ten (10) foot vertical
interval. Source of topography and mean sea level datum
shall be stated on the plat. U.S. Geologic Survey (USGS)
quadrangle sheets shall not be an acceptable source.
10. Ail existing USGS or county control monuments for
surveying purposes located on the property.
01-161
11. The limits of established watercourses, drainage
ditches, manmade open channels, floodplains, preliminary
wetland boundaries, conservation areas, RPAs, RMAs, and
approximate location and surZace area of BMP's.
12. Chesapeake Bay preservation areas described in
chapter 19.
13. Ail proposed street names per county ordinance.
14. The location and approximate size of any cemeteries,
grave, object or structure marking a place of burial.
15. Recorded sections depicting the actual recorded
layout with recordation dates and state route numbers on
streets shall be clearly shown for tentative renewals,
amended or substitute plats.
16. The location and width of any required buffers,
landscape strips or tree preservation areas.
e)
An overall conceptual subdivision plan must be submitted
in accordance with section 17-40 by (1) subdividers
seeking tentative approval for a subdivision in pkases, or
(2) subdividers proposing a development that contains
mixed uses, although all uses may be residential in
nature, or (3) subdividers required by zoning to submit an
overall conceptual subdivision plan. The portion of the
plan covered by the tentative plat must be outlined. The
overall conceptual subdivision plan shall be updated to
reflect previously approved layouts and shall be submitted
with each initial tentative, tentative renewal, amended or
substitute tentative plat submission.
f)
Special Limited Power of
nonowner/developer submissions.
Attorney only for
g)
Water flow calculations shall accompany the initial
tentative plat submittal. Flow requirements shall meet
Fire Department regulations. Flow test submittal
requirements shall be per Chesterfield Department of
Utilities specifications.
(h) Chesapeake Bay Preservation Act plan and calculations.
(i)
Letter from the appropriate regional planning district
commission indicating approval of all street names.
Virginia Department of Transportation checklist shall
accompany initial submission.
(k)
Every tentative plat must have complete information to be
accepted.
(1)
Subdivisions that contain easements for petroleum or
natural gas-based products shall provide the easement
holder with a copy of the tentative plat. Evidence of the
submission shall be provided to the director of planning.
State law reference(s), Code of Virginia, §§
-2242,-2258,- 2260.
15.2-2240 to
Sec. 17-39. Plat reductions required.
(a) A reduced copy of the tentative plat to 8.5 x 11 inches
shall accompany each submission.
(b) A copy of the tentative plat on a maximum sheet size of 24
x 36 inches shall accompany each submission if the overall plat
01-162
exceeds one sheet of this size.
(c) If available, upon request a digital copy of the plat shall
be supplied in a format acceptable to the director of
environmental engineering.
State law reference(s), Code of Virginia, § 15.2-2260.
Sec. 17-40. Overall conceptual subdivision plan.
When required for tentative plat approval per section 17-38, an
overall conceptual subdivision plan shall be prepared by the
subdivider to cover all area up to the limits of the parcel(s)
that was zoned. The conceptual subdivision plan shall be drawn
at a scale that will fit on a sheet size of 24 x 36 inches. The
plat shall show correctly the following information:
(a) Name for file identification.
(b) Location and description of the property. Location
of property by tax identification number(s) as designated
on county property maps.
(c) Basic facts and proposals pertaining to the property
including the following in general notes:
1. Overall size in acres.
2. Existing zoning classification(s), applicable
zoning case(s), and zoning boundaries of the property
and adjacent property.
3. Approximate number of lots.
4. Proposed use of water and wastewater facilities.
5. Date, revision dates, scale.
6. The name, mailing address, street address, and
phone number and fax number and e-mail address if
available of the owner(s), proposed owner(s) and the
subdivider.
(d) Basic facts and proposals pertaining to the property
including the following in graphic form:
1. Graphic scale, north arrow and vicinity map.
2. Subdivision names and side boundary lines of
adjoining lots and parcels. Existing zoning
boundaries of the property and adjacent property.
3. Location, and names of all existing and platted
streets. Approximate location of all thoroughfare
plan and residential collector streets. A pedestrian
circulation layout.
4. Residential pods with approximate acreage and
density. Access points from pods to the roadway
network. Any pod submitted for tentative approval
shall be shown as depicted on that plat.
5. Approximate layout of large water mains, trunk
wastewater lines, limits of established floodplains,
available wetland data, conservation areas, RPA
limits, RMAs location, and location of proposed
BMP's.
6. Phasing lines.
01-163
7. Contours at vertical intervals properly labeled
of not more than five (5) feet.
8. Parcels or land intended to be dedicated or
conveyed for public use.
State law reference(s), Code of Virginia, § 15.2-2260.
DIVISION 3. PREPARATION AND CONTENTS OF FINAL CHECK Ai~D RECORD
PLATS
Sec. 17-41. General.
Final check and record plats may constitute all or only a
portion of the area contained in the approved tentative plat
and approved construction plans; provided, that the public
improvements to be constructed in the area covered by the final
check and record plat are sufficient by and of themselves to
accomplish a proper development and to provide adequately for
the health, safety and convenience of the proposed residents
therein and for adequate access to adjacent areas. The section
limits of the final check and record plats shall have a
contiguous lot and street network.
State law reference(s), Code of Virginia, § 15.2-2241.
Sec. 17-42. Subdivision Review.
A complete application by the subdivider for approw~l shall
accompany each final check and record plat. Such application
shall include the following information:
(a) Any existing or proposed covenants and homeowner
association documents required by section 19-559 if
applicable or if required by zoning or tentative
condition.
(b) Name mailing address, street address, telephone
number, and fax number and e-mail address if available,
of the owner, subdivider and the certified professional
engineer as applicable or land surveyor who prepares the
plat.
(c) 1. Whenever any pond, lake or similar body of water is
proposed to be located within lots, the subdivider shall
present a plan to the director of environmental
engineering and the county attorney's office for review
and approval outlining any construction to occur and a
proposed plan for the indemnification and perpetual
maintenance of any such body of water.
2. Whenever any pond, lake or similar body of water is
proposed to be located within common area or open space,
the subdivider shall present the recorded articles of
incorporation for a homeowners association and draft
restrictive covenants to the director of environmental
engineering and the county attorney's office for review
and approval. These documents shall outline any
construction to occur and shall contain a proposed plan
noting the indemnification and responsibilities of the
homeowners association in any perpetual maintenance of any
such body of water.
(d) Payment in the appropriate amount for new street signs
and for the streetlight fees including the program
administration shall be submitted to the director of
environmental engineering with the record plat.
01-164
(e) A copy of the valid snow removal contract shall be
submitted to the director of environmental engineering
with the final check plat or prior to submission of the
record plat.
(f) A letter from the appropriate regional review agency
indicating approval of all street names if requested by
the director of environmental engineering.
State law reference(s), Code of Virginia, § 15.2-2241.
Sec. 17-43. Required information.
The final check and record plat sheet(s) shall be 16 inches by
24 inches and shall be prepared, signed and sealed by a
certified professional engineer as applicable or land surveyor.
The final check and record plat shall conform to the approved
tentative plat and approved construction plans. The final check
and record plats shall show the following information:
(a) Surveyor's certification stating "To the best of my
knowledge and belief all of the requirements as set forth
in the ordinance for approving plats of subdivisions in
Chesterfield County, Virginia have been complied with.
Monuments will be set by February 28, 2001."
(b) Subdivision certificate stating "The platting or
dedication of the following described land (here insert a
correct description of the land to be subdivided) is with
the free consent and in accordance with the desire of the
undersigned owners, proprietors and trustees, if any. Ail
easements and streets are of the width and extent shown
and are dedicated to the County of Chesterfield free and
unrestricted by any previous agreements or easements
except as noted on this plat as of the time of
recordation. The dedication of easements to the County of
Chesterfield, includes granting the right to make
reasonable use of adjoining land for construction and
maintenance of public facilities within the boundaries of
easements shown hereon. All easements are for surface and
underground drainage and underground utilities except as
restricted in use on this plat." If there is an easement
granted for street light installation it shall be included
in this statement and read as follows "An additional
easement of five (5) feet on all lots adjacent to right of
ways is dedicated to the County of Chesterfield for future
street light installation." This statement shall be signed
by such person and duly notarized.
(c) Source of title signed by the preparer of the plat
setting forth the source of the title of the owner(s) of
the land subdivided indicating the date, deed book and
page and the place of record of the last instrument in the
chain of title. When the plat is of land acquired from
more than one source of title, the outlines of the several
parcels shall be indicated upon such plat.
(d) The following information shall be noted on the plat:
(1) land use.
(2) zoning classification(s), applicable zoning case
number(s). Proffers, conditions of zoning, schematic
and/or tentative plat conditions relating to
construction such as bulk exceptions, minimum square
footage, colors, required improvements on lots or
restrictions on lots.
(3) method of street drainage.
(4) method of wastewater and water.
(5) total number of lots.
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(6) area in lots, streets, and open space.
(7) total subdivision acreage.
e) Property location as to corresponding county tax
identification numbers.
f) Vicinity map.
g) Sequentially numbered lots.
(h) Area in square feet of each individual lot,
requested by the director of planning.
if
(i) Date, scale and north arrow per NAD83.
(j) The length and bearing of all lot lines and cumulative
total of each perimeter tangent dimension. The following
information shall be shown in a curve table for each
non-tangent curve in the survey: chord bearing, chord
distance, radius, delta, tangent and arc length.
(k) Location and width of all street rights-of.-way and
easements. Where any easement bisects a lot, provide
tiedowns to property corners.
(1) Ail street names per county ordinance, approved by the
director of environmental engineering.
(m) Location and labeling to include conservation areas
and areas of wetlands if applicable, of RPA's with
tielines or tiedowns.
(n) A note has been provided with an asterisk on each lot
between RPA limits and creek. "Conservation area to remain
in its natural state, no structure to be locate.t within
the RPA."
(o) Location of U.S. Army Corps of Engineers (USACOE) or
Commonwealth of Virginia jurisdictional wetlands and
waters of the United States and associated building
setbacks.
(p) A note with corresponding reference sym.bol for
wetlands stating "U.S. Army Corps of Engineers or
Commonwealth of Virginia jurisdictional wetlands not to be
disturbed without written permission from the Corps or the
Department of Environmental Quality."
(q) Location and labeling of floodplains with survey
tielines and/or tiedowns and backwater location(s) and
elevation(s).
(r) Those areas to be dedicated for public use in
accordance with section 17-71.
(s) Two Virginia state plane system coordinate points per
NAD 1983.
(t) Location of existing U.S. Geological Survey (USGS) or
county monument, if located within the subdivision.
(u) The location of any cemeteries, grave, object or
structure marking a place of burial and associated access
easement.
(v) Chesapeake Bay preservation areas described in chapter
19.
(w) A note indicating the method of CBPA compliance, the
type of facility utilized, as well as the recordation
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information.
(x) SWM/BMP maintenance responsibilities.
(y) A note indicating that the BMP/storm water management
maintenance agreement has been recorded including the deed
book and page number reference for the agreement.
(z) A note indicating that any BMP contained within the
lot limits will become the sole maintenance responsibility
of the lot owners.
(aa) Location and labeling of open space and common areas
as to ownership and maintenance responsibilities.
(bb) Minimum finished floor (MFF) elevations for lots, as
applicable.
(cc) Minimum crawl space (MCS) elevations for lots, as
applicable.
(dd) Lots are shown as NBP as appropriate.
(ee) Location and labeling of buffers, landscape strips or
tree preservation areas as to width, and applicable
restrictions.
State law reference(s), Code of Virginia §§ 15.2-2241-2262.
DIVISION 4. PREPARATION AND CONTENTS OF FINAL CHECK AND RECORD
PLATS FOR RESIDENTIAL PARCEL SUBDIVISION AND PROPERTY LINE
MODIFICATION
Sec. 17-44. General
(a) Any plat for non-residential usage shall be prominently
labeled by the subdivider "Not for residential use" and the
following statement "I, (INSERT NAME) affirm that I am the
owner of the property depicted on this plat and do hereby
affirm that the sale/transfer of this property is not for
purposes of creating a parcel for residential use". With these
two notes, the plat will not be subject to a review in
accordance with this division. No residential building permit
will be approved on plats so labeled. No parcel plat shall be
recorded that does not have these statements or does not comply
with (b).
(b) Subdividers, that intend that the property shall be
eligible to have a residential building permit issued on it,
shall submit the plat for review and approval in accordance
with this chapter. There will be a two step process for review
and approval. The first step will be the submission of a
final check plat and the second step will be the submission of
the record plat. When the record plat is approved, it will be
stamped, signed by the director of planning and recorded with
the clerk of the court indicating the plat was determined to be
in compliance as a parcel for residential usage in accordance
with this division.
(1) A residential parcel subdivision does not require the
submission of a tentative plat. The subdivider may elect
to submit a preliminary layout to the director of planning
to obtain comments to guide the layout of the final check
and record plats. The final check and record plat may
constitute all or only a portion of the area contained in
the parent parcel provided that the size of the remainder
of the parent parcel after subdivision meets the minimum
standards for a parcel. When the plat does not contain
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all of the area of the parent parcel, a sketch of the
residential parcel subdivision in relation to the parent
parcel shall be included on the plat.
(2) The review will determine consistency with the
comprehensive plan with respect to historic and[ visual
resources; compliance with the applicable sections of the
zoning ordinance dealing with residential uses, setbacks
and parcel size; applicable sections of this chapter
dealing with parcel width, frontage, and size; the
general location of lakes, ponds, streams and ~[PA's as
shown on the GIS; and requirements of the health
department for wells and on-site wastewater disposal
systems.
(c) Parcel line modification plats may be submitted for an
existing parcel that does not meet the current area or
dimensional requirements of chapter 19. The existing parcel may
be altered to increase the area subject to the following:
(1) The parcel from which land is being transferred shall
meet all applicable standards of this chapter and chapter
19 after the transfer is accomplished. A parcel line
modification will not make a parcel buildable that was not
created in accordance with the standards in place at the
time of its recordation unless it brings the resulting
parcel into compliance with current standards. The parcel
line modification does not create a new parcel.
(2) The resulting parcel shall not become peculiarly
shaped due to transfer.
(3) The bulk standards on the resulting parcel will be
based upon the applicable requirements at the time of the
original recordation.
(4) The plat shall show the original and proposed parcel
boundaries and an original recordation date, with the
deed, will, or plat book and page.
State law reference(s), Code of Virginia, § 15.2-2241--2244.
Sec.17-45. Procedure for residential parcel subdivision and
parcel property line modification approval.
Ail completed applications and plats shall be submitted by
subdividers to the director of planning to be reviewed and
approved administratively as set forth below. During the
review, the subdivider or director of planning may amend the
application and refer the plat to the planning commission for
approval. The submission to the director of planning of a
completed application shall grant the county and its agents the
right to enter the property at all reasonable times for the
purpose of inspecting the property in conjunction with the
review of the proposed subdivision.
(a) The following procedure shall be followed for review of
the residential parcel subdivision and parcel line modification
final check plats:
(1) The subdivider shall submit to the director of
planning a completed application and three (3) prints of
the proposed parcel line modification or residential
parcel subdivision. Additionally, subdividers seeking
approval for a residential parcel subdivision shall submit
a copy of the report required by section 17-84 for the
health department use in conducting the on-site review.
The subdivider may submit the report to the health
department prior to submission of the final check plat.
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The review of the health department may take up to sixty
(60) calendar days in accordance with state law. The
on-site review shall be conducted in accordance with Code
of Virginia § 32.1-163.5.
(2) Within three (3) business days, an authorized staff
member of the planning department shall review the plats
for consistency with the requirements of this chapter,
applicable sections of the zoning ordinance, the general
location of lakes, ponds, streams, and RPA's, and
consistency section with 19-508 for historic and visual
resource sites included in the comprehensive plan.
(3) The director of planning shall compile all comments
including any from the health department after completing
their on-site review and prepare a composite plat
depicting any graphical changes required to the plat.
(A) If the plat complies with all requirements, the
composite final check plat shall be so noted and
returned to the subdivider with any comments.
(B) If the plat does not comply with all
requirements, the final check plat and a written
explanation of the required changes shall be returned
to the subdivider for modification and resubmission.
(b) The following procedure shall be followed for approval of
residential parcel subdivision and parcel line modification
record plats:
(1) The subdivider shall submit to the director of
planning four (4) prints conforming to the Virginia State
Library and Archives Standards for record plats.
(2) Within two (2) business days after submittal, an
authorized staff member of the planning department shall
determine if the plats comply with the final check plat
comments, and if determined to be in compliance shall
stamp the plats, and forward them to the director of
planning for signing.
The stamp shall indicate that the plat is for residential
purposes and has been reviewed and determined to be in
compliance with the requirements of this division.
Parcels exempted from the requirements of this division
will not be eligible to obtain a residential building
permit until such time it is reviewed and approved under
the requirements of this division.
A. If the plat is not approved, the plat shall be
returned to the subdivider with written findings
giving specific reasons why the plat was not
approved. Such reasons shall provide in general
terms the modifications or corrections that will
permit approval of the plat.
(c) One (1) copy of the stamped signed plat shall be recorded
in the clerk's office of the circuit court of the county. One
(1) copy will be retained by the planning department. One (1)
copy will be forwarded to GIS. One (1) copy will be returned
to the subdivider.
(d) After recordation, the subdivider shall be permitted to
sell parcels.
State law reference(s), Code of Virginia, §§ 15.2-2241,- 2244.
Sec. 17-46. Residential parcel subdivision and parcel line
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modification plat requirements.
(a) A complete application by the subdivider for approval shall
accompany each record plat.
(b) The maximum record plat sheet size shall be 16 inches by
24 inches and shall be prepared, signed and sealed by a
certified land surveyor. An area of four (4) inches by three
(3) inches shall be left clear for the approval stamp.
(1) The record plat shall have the following certificates:
(A) Surveyor's certification stating "I have
personally read and believe to the best of my
knowledge that the requirements for residential
parcel subdivisions and property line modifications
as to required area, minimum width, frontage
standards and the zoning ordinance for required
parcel area and setbacks in Chesterfield County,
Virginia has been complied with. Plat bearings
reflect NAD 83."
(B) Source of title signed by the preparer of the
plat setting forth the date, deed or will book and
page, and the place of record of the last instrument
in the chain of title. When the plat is of land
acquired from more than one (1) source of title, the
outlines of the several parcels shall be indicated
upon such plat.
(C) Advisory certificate "This plat is prepared on
the basis of field surveys. The mapping information
is not intended to represent all topographic and
environmental features on the parcel which could
limit or preclude buildability. Additional
engineering research on such items as but not. limited
to: wetlands, floodplains, adequate culverts for
driveways crossings of streams or floodplains, etc.
may be required based upon individual parcel
requirements at time of building permit review."
(2) The record plat shall have the following information
in notes:
(A) Method of wastewater and water service.
(B) Total number of parcels.
(C) Total acreage.
(D) Existing county tax identification numbers for
each parcel involved.
(3) The record plat shall graphically show the following:
(A) Vicinity map.
(B) Sequentially numbered parcels.
(C) Area in acres of each parcel.
(D) Date, scale and north arrow and bearings per NAD
83.
(E) The length and bearing of all parcel lines and
cumulative total of each perimeter tangent dimension
referenced to NAD 83. The following information
shall be shown in a curve table for each non-tangent
curve in the survey: chord bearing, chord distance,
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radius, delta, tangent and arc length.
(F) The location and labeling of lakes, ponds,
streams, RPA's, historic sites or visual resources.
(G) Two (2) Virginia state plane system coordinate
points per NAD 1983 when new property lines are not
contiguous with existing property lines.
(H) The location of any cemeteries, graves, objects
or structures marking a place of burial and
associated access easement.
State law reference(s)Code of Virginia,§§ 15.2-2262, -2264.
Secs. 17-47 -17-60. Reserved.
ARTICLE III. STANDARDS
DIVISION 1. MINIMUM STANDARDS AND IMPROVEMENTS REQUIRED
Sec. 17-61. Conformity to applicable requirements.
Ail subdivision plats shall comply with the following
applicable:
(a) The provisions of the Code of Virginia, Title 15.2 Chapter
22 Article 6 (Virginia Code §§ 15.2-2240 through 15.2-2279).
(b) Chapter 8 of the Code of Chesterfield County, Erosion and
Sediment Control Ordinance.
(c) Chapter 18 of the Code of Chesterfield County, Water and
Sewer Ordinance.
(d) Chapter 19 of the Code of Chesterfield County, Zoning
Ordinance.
(e) The Chesterfield Comprehensive Plan.
(f) Code of Virginia, Title 32.1, and the requirements of the
state health department relating to lot size and lot elevation
if the subdivision is not served by a public wastewater system
and provision for such service has not been made.
(g) The requirements of the Virginia Department of
Transportation and the county transportation department
including access control, rights of way dedication and
construction of mitigating street improvements as relating to
safety and the preservation of the public interest.
(h) Other applicable laws, ordinances, policies and
requirements.
State law reference(s), Code of Virginia, § 15.2-2260
Sec. 17-62. Standard conditions.
The applicability of the following requirements will be
determined at the time of tentative plat approval The
subdivider will be notified of the applicable requirements in
the approval letter. The requirements will be referred to as
standard conditions without citing this subsection. Compliance
with these standard conditions must be achieved by the time of
subsequent plan and plat submittal.
(a) The requirements of the Environmental Engineering Reference
Manual.
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(b) The requirements associated with obtaining a land
disturbance permit from the environmental engineering
department by:
(i) providing satisfactory documentation that all
applicable federal and state wetlands permits have been
obtained
(ii) obtaining a land use permit from the 'Virginia
Department of Transportation allowing access onto and
construction within state maintained right of way.
(c) The subdivider shall provide access easement(s) to the
SWM/BMP(s) as required acceptable to the environmental
engineering department prior to or in conjunction with
recordation.
(d) The dimensions and approximate location of all e.~sements
shall be shown on all final check and record plats.
(e) A twenty-five (25) foot minimum setback shall be i~rovided
from the 100-year floodplain/backwater.
(f) A twenty-five (25) foot minimum setback shall be i~rovided
from wetlands.
(g) A twenty-five (25) foot minimum setback shall be i~rovided
from conservation areas.
(h) Any required buffers are subject to the requirements of
section 17-70.
(i) Buffers areas are exclusive of setbacks.
(j) A twenty (20) foot minimum setback for all structures shall
be provided from any petroleum product transmission pipeline
easement or thirty-five (35) feet from the pipeline whichever
is greater.
(k) The subdivider shall provide horizontal control for the
final check and record plat tied into the Virginia Coordinate
System, south zone. Boundary tiedown will be accomplished by
X and Y coordinate values being designated for at least two
points.
(1) Copies of any restrictive covenants required as a condition
of zoning shall be filed with the director of planning and
county attorneys' office for a review to determine consistency
with the conditions of zoning. The required restrictive
covenants shall be recorded in conjunction with the record
plat. Subsequent changes to restrictive covenants are not
subject to review or approval by the County.
(m) Copies of all required articles of incorporation for
homeowners associations shall be filed with the director of
planning and the county attorney's office for review and
approval prior to recordation of any section. When SWM/BMP
facilities are to be maintained by a homeowners association,
the articles of incorporation must also be submitted to the
director of environmental engineering for review and approval.
When there are private streets, alleys or sidewalks to be
maintained by a homeowners association, the articles of
incorporation must also be submitted to the director of
transportation for review and approval
(n) Final check and record plats for subdivisions adjacent to
or including existing and proposed residential collector,
collector and/or arterial streets shall show the proposed
right of way location.
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(o) Every residential lot, except those lots in a subdivision
for townhouses, shall front on a local street except as may be
provided for in section 17-77.
(p) Prior to plat recordation of any residential subdivision
that includes streets, sidewalks, wastewater, water, stormwater
improvements and/ or other improvements, the subdivider shall
provide the county with a surety bond in the amount equal to
the construction cost of all unimplemented improvements and 10%
of the construction costs of all satisfactorily implemented
improvements, with a minimum bond amount of not less than 10%
of the total project costs. Prior to submittal of the bond for
approval, an itemized cost estimate for streets, sidewalks,
wastewater, water, stormwater and other improvements
establishing the required bond amount shall be submitted to,
reviewed and approved by the director of environmental
engineering and county attorney's office.
(q) Prior to plat recordation of any townhouse subdivisions
that includes streets, private accessways and parking areas,
sidewalks, wastewater, water, stormwater improvements and/ or
other improvements the subdivider, shall provide the county
with a surety bond in the amount equal to the construction cost
of all unimplemented improvements and 10% of the construction
costs of all satisfactorily implemented improvements, with a
minimum bond amount of not less than 10% of the total project
costs. Prior to submittal of the bond for approval, an itemized
cost estimate for streets and other paving, sidewalks,
wastewater, water, stormwater improvements, and other
improvements establishing the required bond amount shall be
submitted to, reviewed and approved by the director of
environmental engineering and county attorney's office.
(r) Prior to board of supervisors adoption of a resolution to
accept the streets into the state system, the construction of
all improvements shall be acceptable to the directors of
environmental engineering and utilities.
(s) The subdivider shall place the following note on the final
check and record plats and enforce the restriction through
covenants: "No structure embellishments will be allowed on
right of way without the commitment of, or issuance of a VDOT
land use permit. Within the ten (10) foot clear zone (measured
from the edge of the street pavement out ten (10) feet), no
structural embellishment will be permitted that is closer than
two (2) feet from the edge of pavement of the street or higher
than six (6) inches above the surface of the drive."
Sec. 17-63. Floodplains.
(a) No land shall be subdivided unless it complies with Article
III, division 3 of chapter 19 and the Environmental
Engineering Reference Manual as determined by the director of
environmental engineering.
Cross reference(s)--Floodplain districts, § 19-55 et seq.
State law reference(s), Code of Virginia, § 15.2-2241(3).
Sec. 17-64.
resources.
Preservation of natural features and historic
Trees, streams and natural riparian corridors which would add
value to developments or to the county as a whole, shall be
protected whenever practicable in the design of the
subdivision. Historic sites, features and similar amenities and
assets, including identified visual resources adopted as part
of the county's comprehensive plan shall be identified on all
plats and be protected as provided for in County Code section
19-508. No filling within the natural features shall be
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permitted to circumvent any applicable part of the Code.
Sec. 17-65. Property markers/Geodetic Monmnents.
Property markers shall be installed in all subdivisions at all
lot corners, angle points, radial points of curves in streets,
and at all intermediate points along streets or property lines
where property markers cannot readily be seen one from the
other.
The replacement of any geodetic control monuments, including
but not limited to National Oceananic and Atmospheric
Administration/National Geodetic Survey (NOAA/NGS), United
States Geological Survey (USGS), and county control monuments,
removed or destroyed during the development of the subdivision
shall be the responsibility of the subdivider.
State law reference(s), Code of Virginia § 15.2-2241 (7).
Sec. 17-66. Stormwater Drainage.
(a) Ail proposed stormwater drainage systems shall be separate
and independent from any wastewater system. Stormwater
facilities including but not limited to underground pipes,
culverts, inlets, catchbasins, open ditches, stormwater
management basin/ponds, and BMP's, as determined by the
director of environmental engineering shall provide for the
adequate discharge of surface water via gravity flow into
adequate natural drainage courses and shall be installed
according to construction plans approved by the director of
environmental engineering.
(b) Ail stormwater drainage facilities installed in the
subdivision shall be sized and installed to accommodate the
runoff from the contributing watershed based on ultimate
development as determined by the comprehensive plan.
(c) Ail facilities shall conform to the design requirements of
the Environmental Engineering Reference Manual.
State law reference(s), Code of Virginia, §15.2-2241.(4)
Sec. 17-67. Streetlighting.
(a) Streetlighting shall be provided and installed in
residential and residential townhouse districts and commercial
districts with residential development at certain intersections
and along arterial or collector streets for safety. Lighting
shall be installed in accordance with the street light policy
approved by the board of supervisors and administered by the
environmental engineering department through the construction
plan/final check plat review process.
(b) Ail installation costs of streetlighting shall be the
responsibility of the subdivider. The subdivider shall provide
full payment to the county of all installation charges
estimated by the utility company as well as administrative
costs to the county.
Reference -- Board of Supervisors Street Light Policy
State law reference(s), Code of Virginia, § 15.2-2241 (5)
Sec. 17-68. Easements.
Easements for public use shall be provided to the C~unty to
include but not limited to:
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(a) Easements sixteen 16) feet in width for proposed or
possible water, wastewater and drainage improvements.
(b) Easements eight (8) feet in width shall be provided along
the rear of the lot.
(c) Easements of eight (8) feet in width along the side lot
lines where the side property line is the rear of another lot.
(d) Easements of variable width may be required for Virginia
Department of Transportation (VDOT) slope, drainage, and sight
distance easements identified on construction plans.
(e) The County may require specific easements to address
conditions of zoning, tentative plat and construction plan
approval.
(f) Easements of greater width may be required by the director
of environmental engineering for drainage purposes or by the
director of utilities for utility purposes.
State law reference(s), Code of Virginia, § 15.2-2241(3,6)
Sec. 17-69. Street and subdivision names and street signs.
(a) Street and subdivision names shall not duplicate the name
of an existing or tentatively approved street, site, or
subdivision. The naming of streets within a subdivision may, to
a limited extent, duplicate the subdivision name. Streets that
are continuations of other streets shall bear the name of the
existing street. The naming of proposed streets shall comply
with the County Street Naming and Building Numbering Ordinance,
Chapter 16, and approved by the director of environmental
engineering and the appropriate regional planning district
commission.
(b) The subdivider shall fund the fabrication and installation
of street signs showing the names of streets at intersections
in the subdivision in accordance with section 16-14 of the
Code.
(c) If the subdivider elects to install custom street signs,
they shall conform to design specifications approved by the
director of environmental engineering and VDOT at the time of
construction plan approval. Installation of custom street signs
by the subdivider does not relieve them from the financial
responsibilities of funding in (b) above.
(d) Ail street signs shall be made of a material and located
to be clearly visible by day and by night.
Sec 17-70. Buffers and Special Setbacks.
(a) For lots which have a tentative plat approved after
February 27, 2001, buffers shall be exclusive of easements
which are generally parallel to the buffer, required setbacks
and street cut and fill slopes, and shall be preserved in an
undisturbed condition unless otherwise approved by the director
of planning. Easements crossing buffers shall generally be at
right angles or shall cross the buffer so as to have the least
impact to the buffer.
(b) Post construction vegetation within the buffer shall meet
a standard of not less than one and one half <1~) times the
Perimeter Yard Landscaping "C" quantity requirements as defined
in County Code section 19-518 prorated for every twenty-five
(25) feet of depth. If insufficient vegetation exists within
the buffer as determined by the director of planning, the
subdivider shall submit a landscape plan to the director of
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planning for review and approval prior to release of the final
check plat review comments. The subdivider shall ins'zall the
required plant material prior to recordation. If conditions do
not exist for good plant survival as determined by the director
of planning, surety shall be provided to the county in the
amount sufficient to guarantee the installation approved by the
director of planning and in a form as indicated in section
17-73 (a). The planning department shall hold any required
surety. Any such installation shall be completed prior to state
acceptance of the subdivision's streets.
(c) Buffers of the following minimum width shall be provided
adjacent to existing and proposed streets with the following
classifications:
(1) Arterial streets - fifty (50) feet.
(2) Collector streets - thirty-five (35) feet.
(3) Residential collector streets - thirty (30) feet.
(4) Local streets to negate double frontage condition -
twenty (20) feet.
(d) Adjacent to limited access streets, a setback distance of
two hundred <200) feet, exclusive of required yards, shall be
provided from the limited access street right of way, unless a
noise study demonstrates that a lesser distance is acceptable
as approved by the director of transportation. Natural
vegetation shall be retained within the setback area unless
removal is required to install noise attenuation measures or is
approved by the planning commission.
(e) Setbacks from temporary turnarounds easements shall conform
to permanent cul-de-sac right of way standards.
(f) A minimum setback for all structures of twenty (120) feet
shall be provided from any petroleum product transmission
pipeline easement or thirty-five (35) feet from the pipeline
whichever is greater.
State law reference(s), Code of Virginia, §15.2-2279.
Sec. 17-71. Designation of land for public use.
(a) Ail subdivisions shall comply with the conditions of zoning
requiring dedication or reservation of land for possible
acquisition for public uses including but not limited to:
parks, schools, libraries, fire stations, etc.
(b) Tentative plats shall accommodate planned public uses as
required by conditions of zoning.
Whenever a tract includes a proposed site for such use, it
shall be suitably incorporated by the subdivider into the plat
after the planning commission or director of planning
determines whether such property is needed by the county.
(c) The planning commission or director of planning, based upon
conditions of zoning, shall verify whether the land is to be:
1. dedicated to the County by the subdivider, or;
2. made available for acquisition by the County.
(d) The planning commission or director of planning shall
verify that the land is:
required for the proposed public use, and:
suitable for the proposed public use.
If the planning commission or director of planning determines
that the land is not required, the director shall advise the
subdivider of said determination and, if allowed by conditions
of zoning, shall advise the subdivider as to the ability to
01-176
rearrange lots in the proposed subdivision to incorporate the
land.
If the planning commission or director of planning determines
that the land is not suitable for the proposed use, the
planning commission or director may refuse to approve such
dedication or configuration and require the rearrangement of
lots in the proposed subdivision.
(e) After the planning commission or director of planning
verifies that the land is:
1. required to be dedicated and appropriate for the
proposed public use, the subdivider shall be informed of
this finding, and shall proceed with the tentative plat
approval process. When the plat is recorded, such
recordation shall constitute acceptance of the land for
the designated public purpose.
2. required to be made available for acquisition, and
appropriate for the proposed public use, the subdivider
shall be informed of this finding. The director of
planning may also propose alternate areas on the subject
parcel for acquisition. The director of planning and the
appropriate county officer or other public entity involved
in the acquisition or use of each such site shall seek a
commitment to purchase such site by the board of
supervisors and shall include an estimate of the time
required to complete the acquisition. The planning
commission or director of planning shall not approve the
tentative plat for a minimum of thirty (30) calendar days
to allow the board of supervisors to act.
(a) If the planning commission or director of
planning receives an affirmative action, the
subdivider shall designate on the tentative plats
that area proposed to be acquired by the board of
supervisors.
(b) If the planning commission or director of
planning receives a negative reply, the subdivider
shall be advised to incorporate the area as lots on
the tentative plat.
Sec. 17-72. Improvements --Required.
(a) Unless the director of transportation can determine
required mitigating street improvements, a traffic impact
analysis based upon transportation department standards shall
be submitted to, and approved by, the director of
transportation if:
(1) The proposed development is expected to generate
10,000 average daily trips (ADT) or more, based on trip
generation rates as defined by the Institute of
Transportation Engineers' publication, "Trip Generation,
"as amended.
(2) The director of transportation requests the analysis
because the proposed development is expected to
significantly impact the transportation network.
(b) The director of transportation shall determine the
transportation improvements necessary to accommodate a proposed
subdivision and to provide a safe and efficient access in
accordance with the following:
(1) The thoroughfare plan or other existing or planned
transportation improvements.
01-177
(2) Maintenance of a minimum D level of service based upon
a twenty (20) year traffic demand projection, as provided
by the director of transportation, or in areas designated
by the director of transportation, no level of service
below that which currently exists.
(c) The subdivider shall be responsible for provision of
transportation improvements, the need for which is generated by
the development, as determined by the director of
transportation.
(d) The director of transportation shall be responsible for
determinin9 the functional classification of streets.
(e) The director of transportation may require development
restrictions to achieve acceptable levels of service, as
outlined in this subsection.
(f) The subdivider shall at his expense satisfactorily
construct or provide any street, curb, gutter, sidewalk,
surface drainage, stormwater facility, wastewater system,
waterline, as part of a public system and other improvements
dedicated to the public use, and maintained by the county, the
commonwealth, or other public agency, and for the provision of
other site improvements for vehicular ingress and egress,
including traffic signalization and control, for streets, for
structures necessary to ensure stability of critical slopes,
and for stormwater management facilities and for items
associated with the construction of said improvements as
indicated on the approved construction plans and as determined
to be necessary in the field by the county based upon site
conditions. The sale of the lot(s) does not absolve the
subdivider from this responsibility prior to state acceptance
of streets and for a period of one (1) year after the streets
are taken into the state system.
(g) The subdivider shall at his expense satisfactorily
construct or provide any private street, alley, accessway,
curb, gutter, sidewalk, surface drainage, stormwater facility,
wastewater system, waterline, as part of a private system and
other improvements dedicated for the use by home owners of the
subdivision, and owned and maintained by the homeowners
association or individual lot owners, and for the provision of
other site related improvements for vehicular ingress and
egress, including traffic signalization and control, for
accessways, or streets, for structures necessary to ensure
stability of critical slopes, and for storm water management
facilities and items associated with the construction of said
elements as indicated on the approved construction plan. s and as
determined to be necessary in the field by the county based
upon site conditions. The sale of the lot(s) does not absolve
the subdivider from this responsibility for a period of one (1)
year from the date of issuance of the last certif2~cate of
occupancy permit.
(h) The subdivider of land shall pay or provide for the payment
of his pro rata share of the cost of providing reasonable and
necessary wastewater, water and stormwater facilities, located
outside the property limits of the land owned or controlled by
him but necessitated or required, at least in part, by the
construction or improvement of the subdivision; however, no
such payment shall be required until such time as the board of
supervisors establishes a general wastewater; water, and
drainage improvement program for an area having related and
common wastewater, water; and drainage conditions and within
which the land owned or controlled by the subdivider is located
or the board of supervisors has committed itself by ordinance
to the establishment of such a program. Said pro rata share
shall be limited to the proportionate share of total estimated
01-178
cost of ultimate wastewater, water and stormwater facilities
based upon demand or projected flows required to adequately
serve a related and common area, when and if fully developed in
accord with the adopted comprehensive plan, that shall be borne
by each subdivider within the area. Such share shall be limited
to the proportion of such total estimated cost which the
increased sewage flow or increased volume of stormwater runoff
to be actually caused by the subdivision bears to total
estimated volume and of such sewage or runoff from such area in
its fully developed state. In calculating the volume and
velocity of stormwater runoff, the county shall take into
account the effect of all onsite stormwater facilities (SWMs)
or best management practices (BMPs) constructed or required to
be constructed by the subdivider and give appropriate credit
therefor.
(i) Each such payment received shall be expended only for
necessary engineering and related studies and the construction
of those facilities identified in the established wastewater,
water and stormwater program; however, in lieu of such payment
the board of supervisors may accept the posting of a personal,
corporate or property bond, cash escrow or other method of
performance guarantee satisfactory to the board conditioned on
payment at commencement of such studies or construction. The
payments received shall be kept in a separate account for each
of the individual improvement programs until such time as they
are expended for the improvement program. Ail bonds, payments,
cash escrows or other performance guarantees hereunder shall be
released and used, with any interest earned, as a tax credit on
the real estate taxes on the property if construction of the
facilities identified in the established water, sewer and
stormwater programs is not commenced within twelve (12) years
from the date of the posting of the bond, payment, cash escrow
or other performance guarantee.
(j) Any funds collected for pro rata programs under this
section prior to July 1, 1990, shall continue to be held in
separate, interest bearing accounts for the project(s) for
which the funds were collected and any interest from such
accounts shall continue to accrue to the benefit of the
subdivider until such time as the project(s) are completed or
until such time as a general water, wastewater and stormwater
improvement program is established to replace a prior
wastewater and drainage improvement program. If such a general
improvement program is established, the board of supervisors
may abolish any remaining separate accounts and require the
transfer of the assets therein into a separate fund for the
support of each of the established wastewater, water, and
stormwater programs. Upon the transfer of such assets,
subdividers who had met the terms of any existing agreements
made under a previous pro rata program shall receive any
outstanding interest which has accrued up to the date of
transfer; and such subdividers shall be released from any
further obligation under those existing agreements. Ail bonds,
payments, cash escrows or other performance guarantees
hereunder shall be released and used, with any interest earned,
as a tax credit on the real estate taxes on the property if
construction of the facilities identified in the established
water, wastewater and stormwater programs is not commenced
within ~welve years from the date of the posting of the bond,
payment, cash escrow or other performance guarantee.
(k) Connection to the county water supply system shall be
required in any of the following circumstances except as may be
waived by the planning commission per County Code section
18-63:
(1) When any lot in the subdivision has an area of less
than forty thousand (40,000) square feet, or;
01-179
(2) When any parcel recorded after February 28, 2001 has
an area less than one (1) acre. Parcels created prior to
this date are subject to requirements in place at the time
of their recordation, and
(3) When an existing water line is less than two hundred
(200) feet from any property line of the lot for which a
building permit application has been made for a new
structure, or;
(4) When a lot is located within the Southern and Western
Plan area unless residential zoning was obtained for such
subdivision prior to June 23, 1993, or;
(5) When a lot is located within the Route 288 Corridor
Plan area unless residential zoning was obtained for such
subdivision prior to May 25, 1999.
(1) The subdivider shall provide payment to the director of the
utility department based upon an approved engineers's estimate
sufficient to cover the cost of water line installation in
conjunction with the submission of the final check plat for any
subdivision within two (2) miles of an existing water line if
the existing water line has sufficient hydraulic cap~city to
provide the required quality and quantity to serve the proposed
development, or within two (2) miles of a subdivision that will
use public water, when the lot size in the proposed subdivision
is greater than one acre but less than five (5) acres. The
distance to the nearest water line shall be determined by using
the most reasonable route, as determined by the director of the
utilities department. The payment made under this subsection
shall be used solely for the installation of water lines within
the proposed subdivision. Until such time as the water lines
are extended to the proposed subdivision and installed within
the subdivision, the subdivider shall comply with requirements
of section 17-72 (m).
(m) Individual wells may be used to provide water for domestic
consumption subject to the following conditions:
(1) Ail lots in the subdivision shall have an area of more
than forty thousand (40,000) square feet, be located more
than two (2) miles from an existing water line and are not
subject to the mandatory connection requirements in
section 17-72 (k) (4 and 5); and
(2) A hydrologic study shall be submitted by the
subdivider to the health department for review and. comment
which provides a scientific determination that there is an
adequate quality and quantity of potable water in the
underlying aquifer under both "normal" and "drought"
conditions for the area under consideration; and
(3) Prior to issuance of a building permit, the well shall
be installed on the lot and the well water shall be tested
and approved by the health department; and
(4) The Chesterfield local health department shall enforce
this and other applicable sections of the Code relating to
well construction and well permitting requirements of the
Commonwealth.
(n) Connection to the county wastewater supply system shall be
required in any of the following circumstances except as may be
waived by the planning commission per County Code section
18-64:
(1) When any subdivision recorded after February 28, 2001
has an average lot area of less than forty thousand
(40,000) square feet, or less than ninety (90) percent of
01-180
the lots have an area of forty thousand (40,000) square
feet, or any lot has an area of thirty thousand (30,000)
square feet.
(2) When any parcel recorded after February 28, 2001 has
an area less than one (1) acre. Parcels created prior to
this date are subject to requirements in place at the time
of their recordation.
(3) When an existing wastewater line is less than two
hundred (200) feet from any property line of the lot or
parcel for which a building permit application has been
made for a new structure.
(4) When the lot is located within the Southern and
Western Plan area unless residential zoning was obtained
prior to June 23, 1993.
(5) When the lot is located within the Route 288 Corridor
Plan area adopted unless residential zoning was obtained
prior to May 25, 1999.
(o) Any subdivision granted tentative approval prior to January
27, 1988, shall be exempt from the requirements of subsections
(k), (1), (m), and (n) (1), (2) and (3) of this section unless
tentative approval has expired.
State law reference(s), Code of Virginia, §
2243.
15.2-2241(5) ,
Sec. 17-73. Installation of improvements and bonding.
(a) Prior to record plat approval, after all other required
approvals are obtained, all improvements shown on the approved
construction plans shall be completed to the satisfaction of
the directors of environmental engineering and utilities, at
the expense of the subdivider. In lieu of actual completion of
the required improvements, the subdivider may record a plat by
furnishing to the director of environmental engineering surety
in the form approved by the county attorney's office consisting
of:
(1) a certified check;
(2) cash escrow;
(3) a surety bond; or
(4) a bank's letter of credit.
The amount of the surety shall be sufficient to cover the costs
and guarantee the installation and completion of all required
improvements. The surety amount shall be approved by the
director of environmental engineering based upon unit prices
for new construction in the county. The surety may also include
a reasonable allowance for estimated administrative costs,
inflation and potential damage to existing streets or utilities
which shall not exceed twenty-five (25) percent of the
estimated construction costs. If the subdivider proceeds by
this method, the subdivider shall install and complete the
required improvements to the satisfaction of the director of
environmental engineering subject to the following conditions:
(1) The streets shall be accepted into the state system
not more than two (2) years after the date of plat
recordation.
(2) No more than fifty (50) percent of the building
permits in any recorded section of a residential or
residential townhouse subdivision shall be issued until
the paving requirements in that section have been
completed.
(3) No more than eighty (80) percent of the building
01-181
permits in any section of a residential or residential
townhouse subdivision shall be issued until the streets
have been constructed to state standards and accepted into
the state system as applicable.
(4) An extension may be approved by the director of
environmental engineering to condition three (3) ~irectly
above.
(b) Surety reductions, as approved by the director of
environmental engineering may be made in a cumulative amount of
not more than ninety (90) percent of the total cost of
satisfactorily completed required improvements. Surety
reductions based upon the percentage of improvements completed
may not occur before the completion of at least thirty (30)
percent of the improvements.
The director of environmental engineering shall not execute
more than three (3) surety reductions in any twelve (12) month
period per bonded subdivision section.
Upon final completion and acceptance of said improvements in
residential or residential townhouse subdivisions with streets,
the release of any remaining surety shall be subject to the
requirements of section 17-74. For the purpose of final
release, the term "acceptance" shall be defined as the date of
the meeting of the county's board of supervisors (~'board") at
which the board is formally advised of the street acceptance by
VDOT and assignment of the state route number(s).
Upon final completion and acceptance of said improvements in
residential townhouse subdivisions, the release of any
remaining surety shall be subject to requirements of section
17-74. For the purpose of final release the term "acceptance"
shall be the date of the written notice to the subdivider of
the completion of the required improvements to the satisfaction
of the director of environmental engineering.
State law reference(s), Code of Virginia, § 15.2-224115).
Sec. 17-74. Maintenance and bonding.
(a) The subdivider shall be required to maintain and assume
liability for the construction and maintenance of all required
improvements per section 17-73. This includes but is not
limited to snow removal on streets and sidewalks until
acceptance of said improvements by the county, state or third
party approved by the director of planning.
(b) The subdivider shall be required to provide surety in an
amount of ten (10) percent of the cost of the required
improvements as approved by the director of environmental
engineering, in a form as outlined in section 17-73 to assure
the satisfactory maintenance of the required improvements for
a period of one (1) year after the date of their acceptance in
accordance with section 17-73.
State law reference(s), Code of Virginia, § 15.2-2241 (5).
DIVISION 2. STREET STANDARDS
Sec. 17-75. General.
The purpose and intent of this section is to regulate
residential and residential townhouse development in order to
maintain or improve the level of service of streets; to
minimize the number of access points to streets; to promote
the ability of travel between subdivisions; to ensure that the
existing and proposed transportation facilities are adequate to
01-182
accommodate the traffic generated by the proposed development;
to ensure that appropriate traffic mitigation measures are
provided; to provide appropriate pedestrian circulation
networks among residential, residential townhouse, commercial,
and recreational areas and public facilities; and to enhance
safety and convenience for the public.
Loop, eyebrow loop, residential collector, cul-de-sac and local
streets within a subdivision shall, at a minimum, comply with
the following VDOT road standards: Subdivision Street
Requirements (SSR), 24 VAC 30-9-10 as amended and the VDOT
Pavement Design Guidelines for Secondary Roads as applicable
unless otherwise specified herein. Ail limited access, arterial
(~principle and minor") and collector streets shall comply with
the VDOT Road Design Manual for urban streets.
State law reference(s), Code of Virginia, § 15.2-2241. 2)
Sec. 17-76. Arrangement.
(a) Streets shall be designed to ensure proper integration and
coordination with other existing, recorded or planned streets
within and contiguous to the subdivision. Subdivision layouts
shall be arranged to maintain proper relationship to
topographical conditions and natural terrain features such as
streams and existing vegetation. Streets shall be designed to
facilitate public convenience and safety, including adequate
access for emergency services equipment. Local streets within
residential and residential townhouse developments shall not be
used as access to commercial or industrial uses as indicated in
chapter 19. The director of transportation shall consult the
comprehensive plan when reviewing a proposed street layout.
(b) Ail streets shall be designed and constructed in accordance
with this chapter, the current standards and specifications of
the Virginia Department of Transportation, or County standards,
whichever are more stringent.
(c) Residential collector streets shall be arranged to:
(1) facilitate conformance to the Planning Commission Stub
Road Policy,
(2) facilitate traffic circulation from one subdivision to
another on non-thoroughfare streets, and
(3) require the minimum number of street intersections
with arterial and collector streets necessary to provide
convenient and safe access to property.
(d) Local streets shall be arranged to:
(1) conform to the Planning Commission Stub Road Policy,
(2) discourage speeding and cut through traffic,
(3) permit effective stormwater drainage and efficient
utility systems,
(4) require the minimum number of street intersections
with arterial and collector streets necessary to provide
safe access to property, and
(5) minimize impacts to topographic and environmental
features.
(e) The use of residential collector streets, curvilinear
streets, cul-de-sacs, or looped streets may be required in
conventional subdivision design.
01-183
(f) To facilitate orderly development, the necessary rights-of-
way and easements for stub streets to provide adequate access
to adjacent property (not included in the tentative) shall be
dedicated to the boundary lines of the tract to be subdivided,
in locations that are compatible with future development of the
adjacent tract. This requirement may be waived if, in the
opinion of the directors of transportation and planning or the
planning commission, such stub streets are not necessary or
desirable for the coordination of the layout of the subdivision
with the existing streets or the most advantageous future
development of adjacent tracts. When the adjacent property is
developed, the subdivider of such property shall ex~end the
streets and utility service to connect with the adjacent
existing subdivision unless such connections are waived by the
planning commission or director of planning, after review by
the directors of transportation and fire, or are in violation
of zoning conditions or requirements of this chapter.
(g) The necessary rights-of-way and easements for stub streets
to provide adequate access to the adjacent property shall be
dedicated at the time a subdivision is recorded.
(h) Subdivisions shall adequately accommodate continuity of
streets and shall provide for proper extension to subsequent
phases and development of adjacent property, as determined by
the director of planning, the director of transportation and
the chief of the fire department.
(1) A local street shall provide sole access to a cumulative
total of no more than fifty (50) lots.
(2) The first street into the subdivision shall be designed and
constructed as a residential collector if:
a. the number of lots shown on the tentative plat,
accessible by only one street, connected to a suitable
street with two (2) points of access, is in excess of
fifty (50) lots but less than one-hundred (100) lots, or
b. the connection to an adjacent undeveloped parcel as
required by section 17-76 (g) or existing stub is
anticipated to generate traffic volumes in excess of the
Planning Commission Stub Road Policy on any subdivision
street, or
c. the street is identified on the thoroughfare plan. The
street design shall comply with the classification as
identified on the plan.
(3) A second street, providing access to all lots, shall be
constructed prior to, or in conjunction with, the recordation
of the fifty-first (51st) lot unless:
a residential collector, collector or arterial street,
with only one way in and out, (ie. a dead end) is proposed
to provide access to more than one hundred (100) lots.
Residential collectors shall be shown to the limit of the
tentative and/or parcel line as applicable. Bonding shall
not be required for any unbuilt section.
(4) The director of transportation shall determine the maximum
number of lots for which a residential collector, connected to
two (2) suitable street(s) with two (2) points of access, may
provide access.
(5) Relief to these requirements may be granted at the time of
zoning or by the planning commission or director of planning
if:
a. existing severe topographic, physical or extenuating
01-184
circumstances exist so that there is no other practical
means of providing another access, and
b. financial hardship is not the principal reason for the
waiver.
c. In addition, the planning commission may grant relief
to these requirements if the resultant traffic on a local
street will exceed the Planning Commission's Stub Road
Policy as determined by the director of transportation.
(i) Subdividers of all parcels or lots located at existing or
proposed crossovers, and any break in the median of a divided
street, shall submit and receive approval of a plan which
addresses access for the surrounding area from the director of
transportation, prior to tentative subdivision approval. The
director of transportation may require the owner(s) of such
parcels or lots to provide access to adjacent properties.
(j) Curb and gutter shall be required on all local streets in
all subdivisions, where the average lot has less than one
hundred (100) feet of street frontage. The calculation
excludes those lots fronting on the radial terminus of a cul-
de-sac. Curb and gutter installation may be waived, in whole
or in part, by the director of planning or planning commission
to preserve the existing neighborhood local street drainage
method.
(k) The minimum pavement design for all local streets,
residential collector streets, private streets, alleys and
accessways in any subdivision shall have at a minimum two (2)
inches of bituminous concrete including the surface course.
(1) Design standards for arterial and collector streets shall
be approved by the director of transportation, except no street
shall have a design less than VDOT standards.
State law reference(s), Code of Virginia, § 15.2-2241.(2-
Sec. 17-77. Access to arterial or collector streets.
(a) The director of transportation shall approve direct access
to arterial and collector streets from subdivisions that border
on or contain an existing or proposed arterial or collector
street. Each subdivision shall be limited to one (1) direct
access unless an access plan is submitted to and approved by
the director of transportation for more than one (1) access.
(b) No lot shall access on an existing or proposed arterial,
collector street or residential collector unless approved by
the director of transportation.
State law reference(s), Code of Virginia, § 15.2-2241.
Sec. 17-78. Street right-of-way width.
Right of way of all streets shall be determined by the director
of transportation; except, that no street shall have a street
right-of-way width less than VDOT standards or as identified on
the thoroughfare plan.
State law reference(s), Code of Virginia, § 15.2-2241
Sec 17-79. Cul-de-sac streets.
Cul-de-sac streets shall not provide access to more than fifty
(50) lots. Cul-de-sac streets with less than twenty-five (25)
lots shall provide a minimum pavement radius of thirty-five
(35) feet. Cul-de-sac streets with greater than twenty-five
01-185
(25) lots shall provide a minimum pavement radius of forty-five
(45) feet.
Temporary turnarounds shall comply with the previous stated
pavement radius standards. Temporary turnarounds within the
limits of the tentative plat shall, at the direction of the
director of environmental engineering, be constructed on
easements beyond the limits of the record plat. On temporary
turnarounds not so constructed, building setbacks shall conform
to dedicated cul-de-sac standards.
State law reference(s), Code of Virginia, § 15.2-2241
Sec 17-80. Street intersections.
(a) Street intersections along one side of an existing or
proposed street shall align with any existing or proposed
intersections on the opposite side of such stree'z unless
otherwise approved by the director of transportation and VDOT.
Street jogs with centerline offsets of less than one hundred
and fifty (150) feet shall be prohibited. Where streets
intersect arterial or collector streets, their alignment shall
be continuous or separated by a distance between centerlines as
determined by the director of transportation.
(b) Alley intersections with streets shall be constructed to
VDOT entrance standards.
(c) At any street intersection sight distance easements per
VDOT standards may be required.
(d) Adequate paved radii shall be provided at all
intersections. Generally in conventional subdivision design the
minimum corner radius shall be thirty-five (35) feet for local
streets and fifty (50) feet for other streets. In
nonconventional subdivisions, the minimum turning radii shall
be approved by the fire chief, director of transportation and
VDOT based upon a demonstrated ability to provide for adequate
emergency vehicle access.
(e) Local streets shall intersect with residential collector
streets or with the street that provides primary access to the
subdivision at a point beyond the vehicle stacking area of the
intersection of that street with an arterial or collector
street.
State law reference(s), Code of Virginia, § 15.2-2241
Sec. 17-81. Alleys.
(a) Dead-end alleys are prohibited unless adequate turnaround
facilities are provided at the terminus.
(b) Alleys are not required by the county and therefore shall
not be dedicated as right of way. They shall be shown as common
area or in a form approved by the directors of planning and
transportation and owned and maintained by a homeowners
association as specified in section 19-559.
State law reference(s), Code of Virginia, § 15.2-2241
Sec. 17-82. Sidewalks.
Subdividers shall provide sidewalks in accordance with the
Planning Commission Residential Sidewalk Policy on all streets
where they qualify for VDOT or county maintenance, and any
additional or other locations if required as a condition of
zoning. Exceptions to the Planning Commission Residential
Sidewalk Policy shall be at the discretion of the planning
01-186
commission or directors of transportation and planning.
Sidewalk requirements shall be determined through the tentative
subdivision process unless otherwise determined by the county.
The sidewalks shall be shown on the tentative plat and the
overall conceptual plan, as applicable. Construction may be
phased as approved by the county, but as a minimum, shall be
bonded and constructed with each section recorded through which
the sidewalk passes.
The subdivider shall construct all required sidewalks per the
Residential Sidewalks Requirements and Procedures. Where
sidewalks qualify for maintenance by VDOT or the County, they
shall be designed and installed in accordance with VDOT
subdivision street requirements. For all private sidewalks,
the subdivider shall demonstrate a design and long term
maintenance responsibility in accordance with section 19-559.
DIVISION 3. LOT kND PARCEL STANDARDS.
Sec. 17-83. Minim%un Requirements.
(a) In general, the size, shape orientation, and soils of lots
and parcels shall be appropriate for the location of the
subdivision and for the type of development. Lot dimensions
shall conform to the requirements of chapter 19 or conditions
of zoning approval.
(b) Lots and parcels to be served by on site wastewater
disposal systems shall comply with the rules of the health
department and the provisions of section 17-84 and chapter 12
of this Code.
(c) If a subdivision borders on or contains an existing or
proposed arterial or collector street, the director of
transportation may require the subdivider to limit access to
said street(s) requiring a local street design utilizing a
series of cul-de-sacs and/or loop streets. The lots shall only
be entered from such a local street, and a buffer as required
in section 17-70 shall be provided along the lot lines adjacent
to the arterial or collector street.
(d) Where lots are permitted to front on an arterial, collector
or residential collector street as provided for by section
17-77, the minimum building setback line shall be increased by
an additional twenty-five (25) feet, except where a specified
distance is approved by conditions of zoning.
(e) Lots and parcels shall be laid out so as to enable positive
drainage to be provided away from all buildings. Individual
lot and parcel drainage shall be coordinated with the general
stormwater drainage pattern for the area. Drainage shall be
designed so as to avoid concentration of stormwater discharging
into inappropriate receiving areas within lots. The director
of environmental engineering may require the subdivider to
depict the building envelope as established by a professional
engineer on the final check and record plats.
(f) Lots and lot lines shall comply with the following
standards:
(1) Ail lots shall be buildable lots with at least one
building envelope.
(2) Lots at right angles to each other shall be avoided
where possible.
(3) Double frontage lots are permitted only when one
street frontage incorporates a buffer or where required to
01-187
overcome specific disadvantages of topography.
(4) Lots shall not contain peculiarly shaped elongations
solely to provide necessary square footage of area which
would be unusable for normal purposes.
(5) Lots shall not contain isolated remanents separated
from the major portion of the lot by a creek or
drainageway which would be unusable for normal purposes
unless located on the perimeter of the tract.
(6) Corner lots shall be of sufficient width to provide
the applicable front/corner yard setbacks.
(7) Side lot lines shall be approximately at right angles
or radial to street lines.
(8) The building envelope shall be within county boundary
lines and within a single zoning case boundary.
(g) Parcels and parcel lines shall comply with the following
standards:
(1) Ail parcels shall be buildable parcels with at least
one building envelope.
(2) Parcels at right angles to each other shall be
avoided.
(3) Double frontage parcels shall be avoided.
(4) Parcels shall not contain peculiarly shaped
elongations solely to provide necessary square footage of
area which would be unusable for normal purposes.
(5) Parcels shall not contain isolated remanents separated
from the major portion of the lot by a creek or
drainageway.
(6) Corner parcels shall be of sufficient width to provide
the applicable front/corner yard setbacks.
(7) Side lot lines shall be approximately at right angles
or radial to street lines.
(8) The building envelop shall be within county boundary
lines and within a single zoning case boundary, if
applicable.
(h) Flag lots shall be designated during the review of the
tentative plat. The director of planning may require the
subdivider to establish the location and orientation of
residences located on and abutting flag lots for determining
lot size compliance. The narrowest portion of any flagpole,
pipestem or other nomenclature for the narrow access portion of
the lot shall be thirty (30) feet. This portion of the lot is
not considered buildable. The lot area requirements shall be
met in the buildable portion of the lot. Flag lots shall only
be utilized to protect or limit impacts to environmental or
historic resources.
State law reference(s), Code of Virginia, § 15.2-2241.
Sec. 17-84 Standards for lots and parcels served by on-site
sewage disposal systems.
(a) Ail subdivisions for which residential zoning was obtained
prior to February 23, 1989 utilizing on-site sewage disposal
systems shall comply with the bulk requirements in place at the
01-188
time of zoning and the requirements of section 17-84 (b) (5) to
(7). Lots which were recorded after January 1, 1991 and prior
to February 28, 2001 shall comply with section 17-84 (b) (1) to
(4) .
(b) Ail lot subdivisions for which residential zoning was
obtained after February 23, 1989 utilizing on-site sewage
disposal systems and have not been recorded shall comply with
the following:
(1) The average lot size shall be no less than forty
thousand (40,000) square feet.
(2) At least ninety (90) percent of the lots shall be at
least forty thousand (40,000) square feet in size.
(3) The minimum lot size shall be thirty thousand (30,000)
square feet in size.
(4) Ail lots shall have a minimum lot width of one hundred
and twenty (120) feet measured at the building line.
(5) At the time of submission of construction plans, the
subdivider shall submit a report from a certified soil
scientist or an authorized on site soil evaluator to the
director of the health department certifying that all on
site sewage disposal system sites on lots within the
subdivision comply with the Board of Health and County
ordinances which regulate on-site sewage disposal systems.
The Chesterfield local health department shall enforce
this subsection and other applicable sections of the Code
as relating to onsite sewage disposal system requirements
of the Commonwealth. The certified soil scientist or
authorized onsite soil evaluator shall provide a report
for each proposed lot which at a minimum contains:
a. information on borings for no less than three (3)
holes in the proposed drainfield site if the profile
is uniform.
b. a description of the soil characteristics at the
proposed system site, with soil profiles to a minimum
depth of five (5) feet for each of the holes.
c. an estimated percolation rate of the soils at the
proposed drain field depth.
d. the scaled location of the proposed sewage
disposal system and drain field, the reserve site,
and the proposed buildable footprint on the lot.
e. a recommended installation depth of the proposed
system.
f. the slope of the proposed drain field area.
g. depth to rock or impervious strata.
h. depth to seasonal water table.
i. maximum projected sewage flow for the proposed
lot. If design restrictions are imposed on the lot,
they shall appear on the final check and record
plats.
(6) The subdivider shall provide sufficient information
regarding the location of the proposed onsite sewage
disposal drain field sites for an agent of the County to
field verify the findings of the certified soil scientist
or onsite soil evaluator. The sites shall be well marked
01-189
on the lot. At the request of the director of the health
department, the certified soil scientist or the site soil
evaluator shall accompany the agent of the County to the
proposed primary and secondary system sites and locate
them. In conjunction with submission of the cons'zruction
plans, the subdivider shall submit a home site planing
layout prepared by the certified soil scientist for review
and approval by the director of the health department.
Construction plans shall show all construction limits that
are outside the limits of the right of way. The record
plat will not be approved until the on site review is
completed. The director of the health department shall
advise the director of environmental engineering when the
record plat may be signed.
(7) Disposal sites shall not encroach on or be encroached
on by easements, RPA's, buffers or construction limits of
streets.
(b) No subdivision of land within the Southern and Western Plan
Area for which residential zoning is obtained after June 23,
1993 may utilize on-site wastewater disposal systems unless all
lots in such subdivision are at least one acre in size and
located in those areas designated in the county's comprehensive
plan for single-family residential use in the lowest density
category. (Areas colored tan on the Southern and Western Area
Land Use Plan.)
(c) No subdivision of land within the Route 288 Corridor Plan
Area for which residential zoning is obtained after May 25,
1999 may utilize on-site wastewater disposal systems unless all
lots in such subdivision are at least one acre in size and
located in those areas designated in the county's comprehensive
plan for single-family residential use in the lowest density
category. (Areas colored tan on the Route 288 Corridor Plan.)
Cross reference(s)--Septic tanks and septic systems, § 12-11 et
seq.
State law reference(s), Code of Virginia, § 15.2-2242.
Sections 85-91 Reserved.
(2) That this ordinance shall be effective February 28, 2001.
And, further, the Board adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY
AMENDING AND RE-ENACTING SECTION 19-518 RELATING
TO STANDARDS FOR STREET TREES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 19-518 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 19-518. Plant material specifications.
o o o
(h) Street Trees: During the subdivision process, required
street trees shall be shown on a plan showing the proposed tree
locations, species and caliper, and submitted to and approved
by the director of planning and VDOT. The street tree plan
shall be submitted as a part of the construction plans.
01-190
(1)
Unless otherwise required, trees at a maximum spacing
of forty (40) feet on center shall be located no
greater than five (5) feet outside of the right of
way in an easement granted to the homeowners
association or within the right of way if approved by
VDOT. For single trunk trees the minimum allowable
caliper measured four (4) feet above grade shall be
two and one half (2 ~) inches. Multistem trees shall
have a minimum of three canes and be a minimum of ten
feet in height. Species selected for planting shall
be suitable for growing in this vegetative zone and
shall be drought tolerant.
(2
The subdivider or developer shall at their expense
install all required street trees identified on the
approved plans prior to recordation or surety shall
be provided in the amount approved by the director of
planning and in a form accepted by the county
attorney's office, sufficient to guarantee
installation. Any surety shall be held by the
director of planning. Installation within a
subdivision shall be completed prior to state
acceptance of the subdivision's streets.
(3
Required street trees shall be guaranteed by the
installer for a period of not less than one <1) year.
Replacement of dead trees is required in accordance
with section 19-518(d). Maintenance responsibilities
of the required street trees within a subdivision
shall be specified on the final check plan and record
plat to be the responsibility of the homeowners
association. Street trees shall not be removed
during or after residences are constructed. Trees
removed shall be replaced with a like species and in
a size comparable to the original planting.
(2 That this ordinance shall become effective February
28, 2001.
And, further, the Board adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY
ADDING SECTION 19-559 RELATING
TO REQUIREMENTS FOR HOMEOWNERS ASSOCIATIONS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 19-559 of the Code of the County of
Chesterfield, 1997, as amended, is added to read as follows:
Sec. 19-559. Required Homeowners Association.
(a)
A homeowner's association shall be required to be formed
during the subdivision process when any of the following
conditions are proposed:
(1 There is to be commonly held property or open space;
(2
There are to be streets/alleys/vehicular/pedestrian
access ways, and/or sidewalks that are not maintained
by the county or VDOT; and
(3
There are to be SWM/BMP's located on commonly held
property.
(Hereinafter these items are referred to as commonly held
property.)
01-191
(b)
In conjunction with the submission of the final check
plat, the subdivider shall submit articles of
incorporation, bylaws, and restrictive covenants
(collectively bylaws) to the director of planning and the
county attorney's office for review and approval. An
additional copy shall be submitted for review and approval
by the director of environmental engineering if SWM/BMP's
are located on commonly held property. An additional copy
shall be submitted for review and approval by the ~irector
of transportation if there are streets/alleys/vehicular/
pedestrian access ways, and/or sidewalks that are not
maintained by the county or VDOT and an additional copy
shall be submitted for review and approval by the director
of utilities for all townhouse and private road
subdivisions to address ownership and maintenance
responsibilities for any privately owned utilities.
(c) The following elements shall be incorporated into the
bylaws of the homeowners' association:
(1)
the homeowners' association shall own and maintain
all commonly held open space and recreation
facilities;
(2)
the homeowners' association shall be responsible for
and required to collect sufficient dues that at a
minimum provide for:
a. payment of taxes on commonly held property.
fund repairs/maintenance and replacement of
facilities in common property.
a homeowners' association required by this section
shall not have the ability to dissolve its existence
nor dispose of real property without prior written
approval from the directors of planning,
environmental engineering and transportation.
(4)
the maintenance responsibilities of the homeowners
association of commonly held property containing a
SWM and/or BMP shall be detailed in the restrictive
covenants.
(5)
the maintenance responsibilities of the homeowners
association of commonly held property containing
streets/alleys/vehicular/pedestrian access ways,
and/or sidewalks that are not maintained by the
county or VDOT shall be detailed in the restrictive
covenants.
(d)
The final check and record plats shall indicate the
maintenance responsibility of the homeowners' association.
(e)
In conjunction with recordation, approved artzcles of
incorporation shall be filed with the Virginia State
Corporation commission and shall be recorded with the
bylaws of the homeowners association and the restrictive
covenants with the clerk of the circuit court.
(f)
Subdividers that are required to create hcmeowners
association under this subsection shall fund the financial
responsibilities of the homeowners association as
identified in (c) above until such time as the operation
of the association, as specified in the restrictive
covenants, is controlled by the residents of the
subdivision.
(2)
28, 2001.
That this ordinance shall become effective February
01-192
And, further, the Board adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTy OF CHESTERFIELD, 1997, AS AMENDED BY
ADDING SECTION 19-508.1 AND DELETING SECTION 19-571
RELATING TO UNDERGROUND UTILITIES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 19-508.1 of the Code of the County of
Chesterfield, 1997, as amended, is added to read as follows:
Sec. 19-508.1 Utility lines underground.
Ail utility lines such as electric, telephone, CATV or other
similar lines shall be installed underground. Where
transmission lines traverse the property proposed for
subdivision, the subdivider shall not be required to place such
line underground. This requirement shall apply to lines
serving individual office, commercial and industrial sites as
well as to utility lines necessary within projects.
(2) That Section 19-571 of the Code of the County of
Chesterfield, 1997, as amended, is deleted.
(3) That this ordinance shall become effective February
28, 2001.
And, further, the Board adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY
AMENDING AND RE-ENACTING SECTION 18-64 RELATING
TO REQUIREMENTS FOR MANDATORY WASTEWATER
CONNECTION IN CERTAIN AREAS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 18-64 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 18-64. Mandatory wastewater connection in certain
areas.
(a) Ail structures which are located on property that is
included in the Southern and Western Area Plan described in the
subdivision ordinance and which received zoning approval after
June 23, 1993 shall connect to the wastewater system. However,
the following structures shall not be required to connect
unless connection to the wastewater system is otherwise
required by law:
1)
Single-family dwellings on lots which are at least
forty thousand (40,000) square feet in size and which
are located in areas that are designated in the
comprehensive plan for single-family residential use
in the lowest density category (areas colored tan on
the Southern and Western Area Land Use Plan);
2) Temporary manufactured or mobile homes;
3)
Structures that were authorized by conditional uses
or special exceptions which were renewed after June
23, 1993;
(4) Structures that are authorized by conditional uses or
01-193
special exceptions that were granted after June 23,
1993 if the use that is permitted by the conditional
use or special exception is incidental to a principal
use that was previously allowed with a septic system;
(s)
Governmental structures and institutional buildings;
and
(6)
Residences that are located on lots that are exempt
from the requirements of the subdivision ordinance.
(b) Ail structures which are located on property that is
included in the Route 288 Corridor Plan Area as shown in the
comprehensive plan, and which received zoning approval after
May 25, 1999 shall connect to the wastewater system. ]~owever,
the following structures shall not be required to connect
unless connection to the wastewater system is otherwise
required by law:
(1) Single-family dwellings on lots which are at least
forty thousand (40,000) square feet in size and wlhich are
located in areas that are designated in the comprehensive
plan for single-family residential use in the lowest
density category (areas colored tan on the Route 288
Corridor Plan)
(2) Temporary manufactured or mobile homes;
(3) Structures that were authorized by conditional uses
or special exceptions which were renewed after May 25,
1999;
(4) Structures that are authorized by conditional uses or
special exceptions that were granted after May 25, 1999 if
the use that is permitted by the conditional use or
special exception is incidental to a principal use that
was previously allowed with a septic system;
(5) Governmental structures and institutional buildings;
and
(6) Residences that are located on lots that are exempt
from the requirements of the subdivision ordinance.
(2) That this ordinance shall become effective February
28, 2001.
And, further, the Board adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY
AMENDING AND RE-ENACTING SECTION 19-69, 19-79, 19-89,
19-94, 19-99, 19-105, 19-551 RELATING TO REQUIREMENTS
FOR SETBACKS AND FRONTING
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 19-69, 19-79, 19-89, 19-94, 19-99,
19-105, 19-551 of the Code of the County of Chesterfield, 1997,
as amended, is amended and re-enacted to read as follows:
Sec. 19-69.
Required conditions.
The conditions specified in this section shall be met in the R-
88 District.
o o o
01-194
(c) Front yard. Minimum of 75 feet in depth. On lots located
along cul-de-sacs, if the radius of the cul-de-sac is 40 feet
or less, the building setback around the cul-de-sac shall be at
least 30 feet. When the radius of the cul-de-sac is more than
40 feet, the building setback shall not be less than 25 feet.
Minimum setbacks shall be increased where necessary to obtain
the required lot width at the front building line. Through the
subdivision process, an additional setback of up to 25 feet may
be added to the minimum setback, if the lot is located along an
arterial or collector street. This additional setback
requirement will be noted on the record plat.
o o o
Sec. 19-79.
Required conditions.
The conditions specified in this section shall be met in the R-
25 District.
o o o
(c) Front yard. Minimum of 50 feet in depth. On lots located
along cul-de-sacs, if the radius of the cul-de-sac is 40 feet
or less, the building setback around the cul-de-sac shall be at
least 30 feet. When the radius of the cul-de-sac is more than
40 feet, the building setback shall not be less than 25 feet.
Minimum setbacks shall be increased where necessary to obtain
the required lot width at the front building line. Through the
subdivision process, an additional setback of up to 25 feet may
be added to the minimum setback, if the lot is located along an
arterial or collector street. This additional setback
requirement will be noted on the record plat.
o o o
Sec. 19-89.
Required conditions.
The following conditions specified in this section shall be met
in the R-12 District:
o o o
(c) Front yard. Minimum of 35 feet in depth. On lots located
along cul-de-sacs, if the radius of the cul-de-sac is 40 feet
or less, the building setback around the cul-de-sac shall be at
least 30 feet. When the radius of the cul-de-sac is more than
40 feet, the building setback shall not be less than 25 feet.
Minimum setbacks shall be increased where necessary to obtain
the required lot width at the front building line. Through the
subdivision process, an additional setback of up to 25 feet may
be added to the minimum setback, if the lot is located along an
arterial or collector street. This additional setback
requirement will be noted on the record plat.
o o o
Sec. 19-94.
Required conditions.
The conditions specified in this section shall be met in the R-
9 District:
o o o
(c) Front yard. Minimum of 30 feet in depth. On lots located
along cul-de-sacs, if the radius of the cul-de-sac is 40 feet
or less, the building setback around the cul-de-sac shall be at
least 30 feet. When the radius of the cul-de-sac is more than
40 feet, the building setback shall not be less than 25 feet.
01-195
Minimum setbacks shall be increased where necessary to obtain
the required lot width at the front building line. Through the
subdivision process, an additional setback of up to 25 feet may
be added to the minimum setback, if the lot is located along an
arterial or collector street. This additional setback
requirement will be noted on the record plat.
o o o
Sec. 19-99. Required conditions.
The conditions specified in this section shall be met in the R-
7 District:
o o o
(c) Front yard. Minimum of 30 feet in depth. On lots located
along cul-de-sacs, if the radius of the cul-de-sac is 40 feet
or less, the building setback around the cul-de-sac shall be at
least 30 feet. When the radius of the cul-de-sac is more than
40 feet, the building setback shall not be less than 125 feet.
Minimum setbacks shall be increased where necessary to obtain
the required lot width at the front building line. Through the
subdivision process, an additional setback of up to 25 feet may
be added to the minimum setback, if the lot is located along an
arterial or collector street. This additional setback
requirement will be noted on the record plat.
o o o
Sec. 19-105. Required conditions.
The purpose and goal of the following conditions is to create
developments that protect against overcrowding, undue density
of population, obstruction of light and air and that are
attractive, convenient and harmonious. To this end, buildings
should be designed to impart harmonious proportions and to
avoid monotonous facades or large bulky masses. Townhouse
buildings should possess architectural variety but enhance an
overall cohesive residential character. Character should be
achieved through the creative use of design elements such as
balconies and/or terraces, articulation of doors and windows,
sculptural or textural relief of facades, architectural
ornamentation, varied rooflines or other appurtenances such as
lighting fixtures and/or planting. Townhouse rows of more than
six units shall be clustered and employ sufficient variety of
setbacks between units to avoid monotonous facades and bulky
masses.
The conditions specified in this section shall be met in the R-
TH District, except as noted in section 19-106:
o o o
(1) Frontage on public street. Ail lots shall have frontage on
a public street, or access thereto by common right-of-way
within 500 feet. Townhouse lots not fronting on a public
street shall front on paved accessways designed and constructed
in accordance with VDOT paving specifications for Subdivisions
and Secondary Roads.
o o o
Sec. 19-551. Street frontage required--Residential (except
for M H-l) and agricultural.
(a) Unless otherwise specified and except for farm buildings,
a lot outside a subdivision, as defined in section, 17-2 used
01-196
in whole or in part for dwelling purposes, including
manufactured homes, shall have at least fifty (50) feet of
frontage on a street. After February 28, 2001, lots within a
subdivision shall have street frontage of at least fifty (50)
feet upon a local street or thirty (30) feet on a permanent
cul-de-sac. Frontage of at least thirty (30) feet may be
permitted at the radial terminus of a loop street or on the
flagpole portion of a flag lot, but all other lots shall have
at least fifty (50) feet of frontage. Where lots are permitted
to front on arterial, collector or residential collector street
the minimum frontage shall be at least fifty (50) feet and the
number and location of driveways shall be approved by the
director of transportation. Parcels as defined in the
Subdivision Ordinance shall have frontage as required by
section 17-2.
No lot or parcel abutting the terminus line of a public street
shall be considered to have frontage unless it fronts for at
least thirty (30) feet on a recorded cul-de-sac or the stub
street is not anticipated to be extended is approved, through
the tentative or minor subdivision plat review process, by the
planning commission or the directors of the planning and
transportation departments as frontage.
A lot or parcel without street frontage may be used for
temporary dwelling purposes with a manufactured or mobile home;
however, in considering applications for permits and special
exceptions, in addition to other land use considerations, due
regard shall be given to whether the lot or parcel has at least
fifty (50) feet of frontage.
(b) Unless otherwise specified, no permit for erecting, moving
or converting any building on a parcel outside a subdivision,
as defined in section, 17-2 shall be issued unless the street
adjoining the parcel where the building is to be erected, moved
or converted is a part of the state highway system, primary or
secondary. This provision shall not apply to farm buildings or
other structures not designed for human habitation.
(2) That this ordinance shall become effective February
28, 2001.
And, further, the Board adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE
COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY
AMENDING AND RE-ENACTING SECTION 19-301 RELATING
TO DEFINITIONS
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Section 19-301 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-enacted to
read as follows:
Sec. 19-301. Definitions.
For the purposes of this chapter, the following words and
phrases shall have the following meanings:
o o o
Alley: A public or private right-of-way primarily designed to
serve as access to the side or rear of those properties whose
principal frontage is on a street. Additionally, the alley may
be used for drainage and utility easements and/or improvements.
o o o
01-197
Best Management Practice or BMP: A practice that is deSermined
by a state or designated area-wide planning agency, or director
of environmental engineering to be the most effective,
practical means of preventing or reducing the amount of
pollution generated by nonpoint-sources to a level compatible
with water quality goals.
Block: A set of adjacent lots or parcels bounded by streets,
or by a combination of streets and public parks, cemeteries,
railroad rights-of-way, shorelines of waterways, or boundary
lines of the county.
o o o
Building: Any structure, including a manufactured home, having
a roof supported by columns or walls built for the support,
shelter or enclosure of persons, animals, chattels or ]property
of any kind. The word "building" does not include a tent or
temporary manufactured home. The word "building" includes the
word "structure."
o o o
Building setback line, front: A line within a lot or parcel so
designated on a recorded plat or as otherwise established by
the Code at the minimum front yard setback distance that
defines the front building envelope limits and/or by the
location where the lot or parcel achieves the minimum width
requirement. If the required width is not met at the minimum
front yard setback line, the location of the front building
setback line is determined where the minimum required width
between the side lines has generally equal angles created by
the intersection of the setback line and each side iine. The
narrowest lot frontage shall always be the front yard.
o o o
Easement: A grant of rights by a property owner to another
individual, group or governmental unit to make a specified use
of a portion of real property.
o o o
Frontage: The continuous length of the property line ,Df a lot
or parcel of land measured along a single street, against which
the land abuts. Access easements do not constitute frontage.
Stub streets do not constitute frontage except as permitted in
section 19-551.
o o o
Lot: A single recorded partitioned land area set off by metes
and bounds occupied, or intended to be occupied, by a principal
building or buildings and accessory buildings and uses,
together with such open spaces as are required under this
chapter having not less than the minimum area required by this
chapter for a lot in the district in which it is situated and
fronting on a street except as otherwise permitted in R-TH
districts. For purposes of this Chapter only, a "lot" includes
a "plot," "parcel" or "premises."
o o o
Lot, corner: A lot situated at the intersection of two streets
that generally has an adjacent interior angle not greater than
135 degrees.
o o o
01-198
Lot, through: A lot having a pair of opposite lot lines along
two more or less parallel streets, and which is not a corner
lot. On a "through lot" both street lines shall be deemed
front lot lines excluding lots that include a buffer along one
street in a residential or residential townhouse district. In
this situation, the land adjacent to the buffer shall be deemed
the rear yard.
Lot width: The horizontal distance between the side lines of a
lot measured along the minimum front building setback line.
o o o
Planned development: One or more contiguous lots zoned under
section 19-14 or one or more contiguous lots under single
ownership or unified control, planned as a whole for
development in a single or programmed series of phases , in
accordance with an approved master plan which may include
multiple land uses and as further outlined in section 17-9 and
19-14 as applicable.
o o o
Street: A public right-of-way which provides vehicular access
to properties, or provides for through traffic, whether
designated as an arterial, collector, residential collector,
highway, parkway, street, avenue, road, boulevard, lane, place,
cul-de-sac, or any other public way. A street shall be deemed
the total length and width of the strip of land dedicated or
designed for public travel, including such improvements
required to become part of the Virginia state transportation
system.
Street, arterial: A street identified on the thoroughfare plan
as a major arterial which provides major circulation movements
and accommodates through travel, serves the major center(s) of
activity, has a high traffic volume, and typically accommodates
long and moderate trip lengths. Arterials shall include, but
not be limited to, major arterials having a right-of-way width
of ninety (90) feet or one hundred twenty (120) to two hundred
(200) feet as determined by the director of transportation.
o o o
Street, collector: A street identified on the thoroughfare
plan as a collector that collects traffic from local streets in
commercial and industrial areas and neighborhoods and channels
such traffic into the arterial systems and typically does not
permit access to individual residential or residential
townhouse lots. Collectors have a right-of-way width of sixty
(60) to seventy (70) feet, as determined by the director of
transportation.
o o o
Street, limited access: A street shown on the thoroughfare plan
as a limited access street with fully controlled access that is
intended to provide for safe and efficient movement of high
volumes of traffic at relatively high speed. Fully controlled
access means that the authority to control access is exercised
to give preference to through traffic and is the condition
where the right of owners abutting land to access a street is
fully or partially controlled by public authority. These
streets shall include, but not be limited to, limited access
streets with a right-of-way width of two hundred (200) feet, as
determined by the director of transportation. The term
"limited access street" shall include but not be limited to the
words "limited access road(s)", "freeway" and "expressway".
01-199
o o o
Street, local: A street of limited continuity used primarily
for access to abutting properties and serving local needs.
o o o
Wetlands: Areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil
conditions and over which the Commonwealth of Virginia or the
U.S. Army Corps of Engineers exercises jurisdiction. Wetlands
typically include swamps, marshes, bogs, and similar areas.
o o o
(2) That this ordinance shall become effective February
28, 2001.
Ayes: Humphrey, Barber and McHale.
Nays: None.
Absent: Miller and Warren.
Mr. Warren returned to the meeting.
Mr. Miller returned to the meeting.
Mr. McHale commended staff and the Planning Commission for
their efforts at producing the amendments.
17. REMAINING MOBILE HOME PERMITS AND ZONING REQUESTS
There were no remaining requests for mobile home permits and
rezoning.
18. ADJOURNMENT
On motion of Mr. Barber, seconded by Mr. McHale, the Board
adjourned at 11:43 p.m. until February 24, 2001 at 8:30 a.m.
for a joint meeting with the Planning Commission.
Ayes: Humphrey, Miller, Barber, McHale and Warren.
Nays: None.
R~Humph r e y
Chairman
01-200