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File #: 18-395    Version: 1 Name:
Type: Ordinance Status: Consent Agenda
File created: 6/26/2018 In control: Board of Supervisors
On agenda: 7/11/2018 Final action:
Title: Ordinance to Amend County Code Appendix A.1 (Acquisition of Conservation Easements (ACE) Program).
Attachments: 1. Att.A Proposed Ordinance
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AGENDA DATE:  7/11/2018

 

TITLE:

Ordinance to Amend County Code Appendix A.1 (Acquisition of Conservation Easements (ACE) Program)

BODY

 

SUBJECT/PROPOSAL/REQUEST:   Schedule a public hearing to consider the adoption of an ordinance to amend County Code Appendix A.1 (Acquisition of Conservation Easements Program) by amending Sections A.1-108 (Ranking criteria) and A.1-109 (Easement terms and conditions)

 

ITEM TYPE:  Consent Action Item

 

STAFF CONTACT(S): Richardson, Walker, Kamptner, Herrick, Gast-Bray, Maliszewski, Goodall

 

PRESENTER (S):  N/A

 

LEGAL REVIEW:   Yes

 

REVIEWED BY: Jeffrey B. Richardson

 

BACKGROUND:  The Acquisition of Conservation Easements (ACE) Committee is charged with reviewing the program’s ordinance and recommending any changes needed either to maintain the program’s consistency with the County’s Comprehensive Plan and policies, or to improve the administration, implementation and effectiveness of the program. The ACE ordinance was most recently amended in 2011. 

 

STRATEGIC PLAN: Natural Resources Stewardship: Thoughtfully protect and manage Albemarle County’s ecosystems and natural resources in both the rural and development areas to safeguard the quality of life of current and future generations. 
Rural Area Character:  Preserve the character of rural life with thriving farms and forests, traditional crossroad communities, and protected scenic areas, historic sites, and biodiversity.

 

DISCUSSION:  The ACE Committee’s most recent review of the ACE ordinance has focused primarily on protecting water quality.  The Committee specifically recommends excluding livestock from all perennial streams in future ACE easements. 

The ACE ordinance is implemented primarily through two
County Code sections:
1. § A.1-108 provides an objective scoring system for ranking properties during their application phase.
2. After the highest-scoring properties are selected for easements, § A.1-109 then requires deed protections corresponding to the property-specific conservation values identified and scored in § A.1-108.

Along those lines, the Committee recommends the following substantive amendments to these two
County Code sections:
ACE ranking criteria (§ A.1-108):
    º  Point values for frontage on any perennial stream(s) -- § A.1-108(C)(8) would award one point per thousand feet of frontage along any perennial stream(s), up from one-half point along certain named streams.
    º   Voluntary stream buffers - The proposed amendment would delete the existing scoring bonus for voluntary stream buffers (§ A.1-108(C)(9)), as stream buffers would be mandatory going forward.
ACE deed terms and conditions (§ A.1-109):
    º Stream buffers -- § A.1-109(B)(3) would require a 35 foot wide buffer along all perennial streams in future ACE easements.  In addition, the proposed amendment would require livestock exclusion from streams (with certain exceptions) and define structures and uses not permitted in the stream buffers. 
    º   Voluntary stream buffers - The proposed amendment would delete the existing deed provisions for voluntary stream buffers (§ A.1-109(B)(6)), as stream buffers would be mandatory going forward.

The Committee is also recommending certain other minor wording revisions throughout the ordinance.

BUDGET IMPACT: No budget impact is expected.

 

RECOMMENDATION:  Staff recommends that the Board schedule a public hearing to consider the proposed amendments to the ACE Ordinance. (Attachment A).

 

ATTACHMENTS: 
A - Proposed Ordinance