Three Key Provisions of Albemarle's Rural Area Plan Adopted
Please join us in thanking the Albemarle Board of Supervisors for voting on February 6th to implement three key provisions of the County's Rural Areas Plan. In three separate 4-2 votes, Sally Thomas, Ann Mallek, Dennis Rooker, and David Slutzky supported the measures; Lindsay Dorrier and Ken Boyd expressed opposition.
Stream Buffers:
Current regulation:
- Requires protection of a 100-foot buffer along both perennial and intermittent streams within the watershed of our local reservoirs
- Require protection of a 100-foot buffer along only perennial streams throughout the rest of the Rural Areas.
Adopted revision:
- ADD the requirement to protect a 100-foot buffer along intermittent streams throughout the rest of the Rural Areas.
Additionally, several questions were raised regarding the County's application of the current regulations regarding exemptions to the buffer provisions. Concerns focused on whether or not disturbances to a stream buffer might be allowed with appropriate mitigation of that impact. However, this was part of the revisions proposed to the BoS. The PEC agrees that there will be circumstances where a flexible application of the ordinance might result in more permanent protection of the stream buffers than would be available otherwise. The PEC is prepared to work with the County and rural landowners to develop recommendations for reasonable mitigation measures which balance fairness to individual landowners with permanent protection of stream buffers.
Safe and Convenient Driveways in the Rural Areas
This revision clarifies the specific requirements for driveway construction, such as slope and width limitations, which allows access by police, fire, and rescue vehicles.
Family Division
Current regulation:
- The owner of a lot created by a Family Division may not convey the lot to a non-family member for 2 years after the subdivision plat is recorded.
Adopted revision:
- Prior to the creation of a lot via Family Division, the owner must be owned for at least four years.
- AND, the owner of a lot created by a Family Division may not convey the lot to a non-family member for 4 years after the subdivision plat is recorded.
It is worth noting that people wishing to create and convey a lot to a family member are not required to use a Family Division and may use a conventional subdivision, which has no ownership restrictions. The Family Division ordinance merely allows some waivers that a family may opt to take advantage of.
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