Proposed Preservation Area Site Assessment Vesting Policy Update

Transcription

1 rince William County Government roposed reservation rea ite ssessment Vesting olicy Update November 23, 2004 Vesting olicy The tate amended the Chesapeake Bay Regulations in March One of the major changes impacted the process used to determine stream perennialtiy, which in turn changed the requirements for reservation rea ite ssessments (). The Board of County upervisors adopted the new regulations in December 2003 and the regulations became effective February 3, The County adopted the changes in both the Zoning Ordinance and the DCM 1

2 Vesting olicy One of the major regulatory changes required the groundtruthing of the site prior to development. - rior to the Regulation Change (Feb 3, 2003)- The County used UG Quad sheets as the indication of perennial streams and the baseline for R establishment. Only those streams identified on the maps as perennial were studied and protected with a buffer. - New Regulatory Change Requires the developer conduct a field assessment of the entire site to identify all water bodies on the site. formal study known as a erennial Flow Determination (FD) for each water body is required. formal FD is submitted to the County for review and approval. 2 Vesting olicy Vesting olicy The County adopted a vesting policy for s. The Chesapeake Bay Local ssistance Department (CBLD) reviewed and approved the County s vesting policy. CBLD Responds to Regulatory Questions - CBLD responds to many questions from local jurisdictions contacting CBLD to seek clarification of the new regulation. The questions and responses from the local governments prompted CLBD to review its position on vesting. 3

3 Vesting olicy Compliance Evaluation - Chesapeake Bay Local ssistance Department conducted a compliance evaluation of the County s Chesapeake Bay rogram in the fall of The compliance evaluation identified several inconsistencies with Chesapeake Bay Regulations, some of which related to the County s Vesting olicy 4 Vesting olicy CBLD Interim Vesting olicy Guidance CBLD issued a memo to the County Executive dated pril 14, 2004, which stated that localities should attempt to conform to the Bay ct and Regulations to the maximum extent feasible. The extent to which this can be accomplished will vary from project to project. If the local government determines that a particular applicant has met the vesting requirements of the tate Code ( ), CBLD recognizes the local government s authority to allow the applicant to remain vested, and CBLD will respect that determination. 5

4 Vesting olicy CBLD Vesting olicy Follow-up CBLD issued a letter to the County dated June 2, 2004, which further defined CBLD s vesting guidelines. 1. pproved the vesting policy should only apply to approved s. 2. roject pecific The is vested for the specific project for which it was submitted. 6 Vesting olicy CBLD Vesting olicy Follow-up (Continued) 3. erennial Flow Determination The vesting policy should require the submission of a perennial flow determination where unmapped streams are identified, allowing for the further identification of Resource rotection reas (Rs) on site. 4. Reduce the Vesting eriod The vesting period should be reduced from 5 years to a shorter, more reasonable time frame such as 6-12 months 7

5 Vesting olicy-current ituation Revised Vesting olicy The Department of ublic Works, the lanning Office, and the County ttorney s Office have been working together to draft a revised vesting policy. Coordination with CBLD County taff have been coordinating the review of the draft policy with CBLD staff. 8 Vesting olicy roposed Changes Development Criteria tand lone submitted concurrently with a ketch lan submitted concurrently with a reliminary lan submitted concurrently with Final ite/ubdivision lan pecial Use ermits Current Vesting olicy rojects vested due to the approval of a special permit, diligent pursue of the project is defined as the submission of preliminary or final plan within 12 months of U approval and diligent pursue of its approval and construction of the project roposed Vesting olicy Requires the developer to submit a Rezoning, ketch, U, reliminary or Final lan within 12 months from the date of the approval. Requires the developer to submit reliminary or Final lan within 12 months from the approval date of the. Failure to submit a reliminary or Final lan within 12 months, will render the invalid. s that are approved in conjunction with an approved reliminary lan will remain valid for the duration of the approved reliminary lan. s that are approved in conjunction with an approved Final ite/ubdivision lan will remain valid for the duration of the approved Final lan. will be valid for 12 months following the approval of pecial Use ermit. During this time period, the developer must submit a reliminary or Final lan in order to show due diligence and keep the vested. Rezonings rojects vested due to rezoning approval, diligent pursue of the project is defined a the submission and approval of preliminary plan within 24 months of rezoning approval and the subsequent submission, approval of the final plan and bonding of the project within no more than 24 months will be valid for 12 months following approval of Rezoning. During this time period, the developer must submit a reliminary or Final lan in order to show due diligence and keep the vested. 9

6 s Vested Under Current County olicy File Number File Name GIN ubmitted pproved roposed cres Disturbed Notes R0001 D ROBINON ROERTY Brentsville Magisterial District /15/ Feb R0001 D BRRETT ROERTY- Gainesville Magisterial District /18/ ug R0001 RUT ROERTY Gainesville Magisterial District /17/ Dec R0001 GRCI OFFICE RK Coles Magisterial District /26/ Nov R0001 D NOKEVILLE ROD - RELIMINRY Brentsville Magisterial District /16/ Jan R0001 FOUR YER TRIL FINL LN Woodbridge Magisterial District /3/ Jan River Oaks West R0001 T. MRGRET CHURCH Coles Magisterial District /4/ Mar ketch plan approved 6/8/ R0001 UV THOROUGHFRE ROD Brentsville Magisterial District /31/ pr No lans R0001 DWON ROERTY FINL Woodbridge Magisterial District /3/ May R0001 GB LND LLC ROERTY Coles Magisterial District /31/ Jul Classic Ridge Rezoning 10 Vesting olicy Board pproval change in the vesting policy will require a change in the County s DCM County staff will include the revised DCM language as part of the DCM update scheduled for BOC approval in pril

7 Vesting olicy Questions 12