Planning: Planning Commission Minutes-May 8, 2008

Planning Commission Minutes-May 8, 2008

NELSON COUNTY PLANNING COMMISSION
CONTINUED MEETING
MEETING MINUTES
May 8, 2008

Present: Chair Philippa Proulx, Commissioners Linda Russell, Michael Harman, Michael Tapager, and Emily Hunt

Absent: Supervisor Tommy Bruguiere

Staff Present: Planning Director Fred Boger and Secretary Betty Fortune

Call to Order: Chair Proulx called the continued meeting to order at 7:30 P. M. in the Board of Supervisors meeting room of the County Courthouse. Purpose of the work session: Continue review of proposed amendment of Subdivision Ordinance Section 4-4 (Water and Sewer) and Zoning Ordinance Article 12 (General Provisions – Zoning Permits) and begin review of the Comprehensive Plan for update recommendations to the BOS.

Subdivision Ordinance Section 4-4 (Water and Sewer) and Zoning Ordinance Article 12 (General Provisions – Zoning Permits)

(See meeting minutes dated January 23, February 5, March 26, April 17, and April 23, 2008 for background on this proposed amendment.)

Mr. Boger stated that several options for this amendment have been presented to the Commission in previous months. At the Commission’s request, Mr. Boger discussed with the Board of Supervisors on April 24, 2008 the option of deleting the soils work requirement from the Subdivision Ordinance and amending the Zoning Ordinance to require that documentation of adequate soils to support a septic system with 100% reserve area be provided by the applicant at the time a building permit is requested. The Board seemed agreeable to this option.

Since that time there has been further input from Health Department’s Tom Eick, Steve Thomas, AOSE, and Massie Saunders, Surveyor, which expressed the opinion that elimination of the regulations may not be the best course of action.

Supervisor Bruguiere stated by e-mail to the Commission that, in his opinion, the buyer should have the perc test done for minor subdivisions of 4 lots or less with no drainfields shown on the plat. For major subdivisions of 5 or more lots, the owner/developer should be required to do the perc tests and show the drainfields with 100% reserve, with the exception of lots over 20 acres. In addition, if a home is already within the subdivision, then no requirement should be made of the owner to show drainfields on the plat.

Mr. Boger presented the following option to the Commissioners for discussion:

4-4   Water and Sewer.

Public Water and Sewer.

If any part of a subdivision falls within an area in which the Nelson County Service Authority operates a water and/or sewage system, the developer /subdivider shall be subject to the regulations of the Service Authority for public water or sewer connections, including the extension of public water or sewer lines to lots within the subdivision. The regulations adopted by the Nelson County Service Authority shall govern the construction, easement specifications and requirements for dedication of the same.

Central Water and Sewer Systems.

   Central water and sewer systems shall meet all the requirements of the Virginia Code and the regulations promulgated by the State Water Control Board and the Virginia Department of Health. When a subdivision contains any lot less than one acre in size and the land does not have access to public water and sewer then the developer shall construct both a central water system and a central sewer system. When a subdivision contains any lot at least one acre, but less than two (2) acres in size, the developer/subdivider shall construct either a central water system or a central sewer system.

Individual wells.

   In subdivision having lots two (2) acres or greater in size, individual wells may be utilized provided that the developer/subdivider states on the face of the plat that approval of the subdivision plat by the County of Nelson does not certify or guarantee the purchaser the presence of adequate subterranean water to support the purposes of the subdivision (whether residential, commercial or industrial) as no demonstration has been made by the developer/subdivider of the same.

Individual Septic Systems.

   Subdivisions containing lots two (2) acres or greater in size may utilize individual septic systems. Where individual septic systems are used, the developer/subdivider must submit a soil report, prepared by a soil consultant, for approval by the Health Official. The soil report must address the suitability for on site sewage disposal systems for each lot. The soil report shall show the primary drainfield area together with a reserve area equal to one hundred percent of the primary area. The soil report shall be filed as an addendum with the final subdivision plat.
   No subdivision shall be approved where individual septic systems are to be used until written approval has been secured from the health official. In order to grant approval, the health official, or his agent, shall determine the suitability of soil for use of septic systems with subsurface disposal.

1.   Each system approved after June 1, 2007 shall have an on-site septic system.
2.   In all zoning districts, the reserve on-site septic system area shall be sufficient to accommodate a minimum of one hundred (100) percent of the capacity of the initial on-site septic system.
3.   The location of all on-site septic system areas shall be shown on the plat of the subdivision and if pretreatment is proposed for the septic system, such proposal must be clearly stated on the plat.
4.   Exceptions to the above provisions:
a.   Family subdivision
b.   Subdivisions containing four (4) lots or less, provided the following the following statement is place on the face of the plat:

   Approval of this subdivision plat by the County of Nelson does not certify or guarantee that the soils on this property will support a septic system for the purposes of the    subdivision (whether residential, commercial, or industrial) as no demonstration has been made by the property owner, developer or purchaser.

Alternative Waste Treatment Systems.

1.   Where an alternative waste treatment system is to be used, the developer/subdivider shall provide to the Governing body documented proof that the soils and parent materials are satisfactory to the Health Official, and shall obtain approval of the alternative waste treatment system from the appropriate state agency, including the State Water Control Board and the Health Department. Such documented proof and approval shall be filed as an addendum with the final subdivision plat.
2.   In all zoning districts, the reserve for an alternative waste treatment system area shall be sufficient to accommodate a minimum of one hundred (100) percent of the capacity of the initial on-site system.

Zoning Ordinance Amendment

12-1   Zoning Permits.

12-1-1   Buildings or structures shall be started, reconstructed, enlarged, or altered only after a zoning permit has been obtained from the Zoning Administrator.

12-1-2   The Commission may request a review of the zoning permit approved by the Zoning Administrator in order to determine if the contemplated use is in accordance with the district in which the construction lies.
12-1-3   Each application for a zoning permit shall be accompanied by three (3) copies of a scale drawing. The drawing shall show:

The size and shape of the parcel of land on which the proposed building is to be constructed;
The nature of the proposed use of the building or land; and
The location of such building or use with respect to the property lines of said parcel of land and to the right-of-way of any street or highway adjoining said parcel of land.
Where an individual septic system is to be used, the applicant must submit a soils report prepared by a Virginia Certified Soil Consultant for approval by the Health Official. The soils report must address the suitability for an on-site sewage disposal system for the lot. The soils report shall show the primary drainfield area together with a reserve area equal to a minimum of one hundred (100) percent of the primary area.
Where an alternative waste treatment system is to be used, documentation must be submitted showing that the system has been approved by the Health Official and that the reserve area for this system shall be sufficient to accommodate a minimum of one hundred (100) percent of the capacity of the initial on site system.

   Any other information, which the Zoning Administrator may deem necessary for consideration of the application, may be required. If the proposed building or use is in conformity with the provisions of this ordinance, the Zoning Administrator shall issue a permit to the applicant. One (1) copy of the drawing shall be returned to the applicant with the permit.

Commissioner Russell suggested that the exception stated in 4-4 D. 4. b. be changed to: “Subdivisions containing two (2) lots or less”…rather than four (4) lots or less. After additional discussion, a compromise was reached on three (3) lots or less, and the complete revised amendment was agreed upon. Chair Proulx stated that since this is a change from the proposal presented for public hearing on March 26, 2008, another public hearing should be held at the regular meeting on June 25, 2008. Commissioners agreed.

Comprehensive Plan Update

Chair Proulx recommended that a work session be scheduled to review the current plan for areas needing updating. The BOS are hopeful that a minimal amount of updating will be necessary. A public hearing will need to be held regarding any revision to the Plan. A work session date will be set at the May 28 regular meeting and each Commissioner was asked to review the current plan and make recommendations for updating.

Adjournment

At 9:05 Commissioner Tapager made a motion to adjourn, Commissioner Harman provided the second, and motion passed 5-0.

Next Meeting:

May 28, 2008

Respectfully submitted,

Betty M. Fortune
Planning Secretary

4-4   Water and Sewer.

Public Water and Sewer.

If any part of a subdivision falls within an area in which the Nelson County Service Authority operates a water and/or sewage system, the developer /subdivider shall be subject to the regulations of the Service Authority for public water or sewer connections, including the extension of public water or sewer lines to lots within the subdivision. The regulations adopted by the Nelson County Service Authority shall govern the construction, easement specifications, and requirements for dedication of the same.

Central Water and Sewer Systems.

   Central water and sewer systems shall meet all the requirements of the Virginia Code and the regulations promulgated by the State Water Control Board and the Virginia Department of Health. When a subdivision contains any lot less than one acre in size and the land does not have access to public water and sewer then the developer shall construct both a central water system and a central sewer system. When a subdivision contains any lot at least one acre, but less than two (2) acres in size, the developer/subdivider shall construct either a central water system or a central sewer system.

Individual wells.

   In subdivision having lots two (2) acres or greater in size, individual wells may be utilized provided that the developer/subdivider states on the face of the plat that approval of the subdivision plat by the County of Nelson does not certify or guarantee the purchaser the presence of adequate subterranean water to support the purposes of the subdivision (whether residential, commercial or industrial) as no demonstration has been made by the developer/subdivider of the same.

Individual Septic Systems.

   Subdivisions containing lots two (2) acres or greater in size may utilize individual septic systems. Where individual septic systems are used, the developer/subdivider must submit a soil report, prepared by a soil consultant, for approval by the Health Official. The soil report must address the suitability for on site sewage disposal systems for each lot. The soil report shall show the primary drainfield area together with a reserve area equal to one hundred percent of the primary area. The soil report shall be filed as an addendum with the final subdivision plat.
   No subdivision shall be approved where individual septic systems are to be used until written approval has been secured from the Health Official. In order to grant approval, the Health Official, or his agent, shall determine the suitability of soil for use of septic systems with subsurface disposal.

5.   Any subdivision approved after (________) shall have an approved site for a septic system and reserve area.
6.   In all zoning districts, the reserve on-site septic system area shall be sufficient to accommodate a minimum of one hundred (100) percent of the capacity of the initial on-site septic system.
7.   The location of each on-site septic system and reserve area shall be shown on the plat of the subdivision, and if pretreatment is proposed for the septic system, such proposal must be clearly stated on the plat.
8.   Exceptions to the above provisions:
a.   Family subdivision
b.   Subdivisions containing three (3) lots or less, provided the following statement is placed on the face of the plat:

   Approval of this subdivision plat by the County of Nelson    does not certify or guarantee that the soils on this property will support a septic system for the purposes of    the subdivision (whether residential, commercial, or industrial) as no demonstration has been made by the property owner, developer or purchaser.

Alternative Waste Treatment Systems.

3.   Where an alternative waste treatment system is to be used, the developer/subdivider shall provide to the governing body documented proof that the soils and parent materials are satisfactory to the Health Official, and shall obtain approval of the alternative waste treatment system from the appropriate state agency, including the State Water Control Board and the Health Department. Such documented proof and approval shall be filed as an addendum with the final subdivision plat.
4.   In all zoning districts, the reserve for an alternative waste treatment system area shall be sufficient to accommodate a minimum of one hundred (100) percent of the capacity of the initial on-site system.

Zoning Ordinance Amendment

12-1   Zoning Permits.

12-1-1   Buildings or structures shall be started, reconstructed, enlarged, or altered only after a zoning permit has been obtained from the Zoning Administrator.

12-1-2   The Commission may request a review of the zoning permit approved by the Zoning Administrator in order to determine if the contemplated use is in accordance with the district in which the construction lies.

12-1-3   Each application for a zoning permit shall be accompanied by three (3) copies of a scale drawing. The drawing shall show:

(a) The size and shape of the parcel of land on which the proposed building is to be constructed;
(b) The nature of the proposed use of the building or land; and
(c) The location of such building or use with respect to the property lines of said parcel of land and to the right-of-way of any street or highway adjoining said parcel of land.
(d) Where an individual septic system is to be used, the applicant must submit a soils report prepared by a Virginia Certified Soil Consultant for approval by the Health Official. The soils report must address the suitability for an on-site septic system for the lot. The soils report shall show the primary drainfield area together with a reserve area equal to a minimum of one hundred (100) percent of the primary area.
(e) Where an alternative waste treatment system is to be used, documentation must be submitted showing that the system has been approved by the Health Official and that the reserve area for this system shall be sufficient to accommodate a minimum of one hundred (100) percent of the capacity of the initial on site system.

   Any other information, which the Zoning Administrator may deem necessary for consideration of the application, may be required. If the proposed building or use is in conformity with the provisions of this ordinance, the Zoning Administrator shall issue a permit to the applicant. One (1) copy of the drawing shall be returned to the applicant with the permit.