009-22 (ProposedOrdAmendment(Chapters143,144,165(MonetaryGuaranty&PerformanceAgreements)) W r.0
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17a
Action:
BOARD OF SUPERVISORS: July 13, 2022
RESOLUTION
DIRECTING THE BOARD OF SUPERVISORS TO HOLD A PUBLIC HEARING
REGARDING AMENDING
THE FREDERICK COUNTY CODE
CHAPTER 143 STORMWATER/EROSION AND SEDIMENT,
CHAPTER 144 SUBDIVISION OF LAND,
AND CHAPTER 165 ZONING ORDINANCE
CHAPTER 143
STORMWATER/EROSION AND SEDIMENT CONTROL
§143-240 PERFORMANCE BONDS
CHAPTER 144
SUBDIVISION OF LAND
ARTICLE VII
IMPROVEMENTS AND GUARANTEES
§144-40 GENERAL REQUIREMENTS
CHAPTER 165
ZONING ORDINANCE
ARTICLE VIII
DEVELOPMENT PLANS AND APPROVALS
PART 802
SITE PLANS
§165-802.04 REQUIRED IMPROVEMENTS
WHEREAS, a request to amend Chapter 143 Stonnwater/Erosion and Sediment Control,
Chapter 144 Subdivision of Land, and 165 -- Zoning Ordinance to codify the County's
adopted Monetary Guarano) and Performance 4greetnent policy, ensuring the monetary
guaranties and performance agreements for various land development processes within
Frederick County are reviewed, and approved in conformance with the adopted policy;
Res #009-22
and
WHEREAS, the Finance Committee reviewed the proposed changes at their May 18,
2022 regular meeting and recommends the policy changes; and
WHEREAS, the Board of Supervisors adopted the Monetary Guaranty and Performance
Agreement policy on May 25, 2022; and
WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly
scheduled meeting on July 13, 2022 and agreed with the proposed changes; and
WHEREAS, the Frederick County Board of Supervisors finds that in the public
necessity, convenience, general welfare, and good zoning practice, directs the Board of
Supervisors hold a public hearing regarding an amendinent to Chapter 143
Stormwater/Erosion and Sediment Control, Chapter 144 Subdivision of Land, Chapter
165 Zoning Ordinance; and
NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of
Supervisors that the Frederick County Planning Commission shall hold a public hearing
to consider changes to address Chapter 143 Stonnwater/Erosion and Sediment Control,
Chapter 144 Subdivision of Land, and Chapter 165 Zoning Ordinance to codify the
County's adopted Monetary Guaranty and Performance Agreement policy, ensuring the
monetary guaranties, bonds, and performance agreements for various land development
processes within Frederick County are reviewed, and approved in conformance with the
adopted policy.. Passed this 13th day of July 2022 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye
J. Douglas McCarthy Absent Robert W. Wells Aye
Josh E. Ludwig Aye Judith McCann-Slaughter Aye
Blaine P. Dunn Aye
A COPY ATTEST
Michael L. Bollhoefer
Frederick County Adi ' istrator
Res#009-22
COUNTY of FREDERICK
! Department of Planning and Development
5401665-5651
Fax: 540/665-6395
MEMORANDUM
TO: Frederick County Board of Supervisors
FROM: M. Tyler Klein,AICP, Senior Planner
SUBJECT:. Ordinance Amendments—Monetary Guaranty and Performance Agreements
DATE: June 23,2022
Proposal:
These are proposed amendments to Chapter 143—StormwaterlErosion and Sediment Control,Chapter 144
—Subdivision of Land and Chapter 165 —Zoning to codify the County's adopted Monetary Guaranty and
Performance Agreement policy,ensuring the monetary guaranties,bonds,and performance agreements for
various land development processes within Frederick County are reviewed, and approved in conformance
with the adopted policy. The Board of Supervisors adopted the Monetary Guaranty and Performance
Agreement policy on May 25,2022.
Current Ordinance Standards:
Monetary guaranties are required for public and certain other physical improvements as shown upon
subdivision plats,site plans,or other documents.Improvements include,road,curb,gutter,sidewalk,trails,
storin drainage,traffic signalization and control, landscaping,erosion and sediment control, and any other
site-related improvements required by Frederick County Ordinances for vehicular ingress and egress, for
public access roadways, for structures necessary to insure stability of critical slopes, and for stormwater
management facilities.
The County is authorized to require monetary guaranties(also referred to as"bonds","performance bonds",
or "monetary guaranties"), as defined in Chapter 143, 144, and 165 of the County Code, in conjunction
with the approval of subdivisions, erosion and sediment controls, stormwater management facilities, site
improvements, and items specifically proffered, and any similar items, all in accordance with the
Subdivision Ordinance, the Zoning Ordinance, and Virginia Code Sections 15.2-2241, 15.2-2286, 15.2-
2299, 15.2-2309,and 62.1-44.15:57.
Conclusion and Requested Action:
The attached document shows the existing ordinance with the proposed changes as drafted by Staff.
,Staff is seeking direction from the Board of Supervisors on whether to forward these text
amendments for public hearings.
MTK/pd
Attachments: l..Revised ordinance with additions shown in track changes.
2.Monetary Guaranty and Performance Agreement Policy
3. Resolution
I Chapter 143 —Stormwater/Erosion and Sediment Control
§ 143-240 Performance bonds.
A. Prior to the issuance of any permit,the owner or permittee shall execute and file with the Administrator
a Frederick County performance agreement
and eash eser-owmonetar aran or iffevecable a
V AVLLVl V1�i -
in such form as is in accordance with the
8ondiEg±2Y2±monetary guarantyand performance agreement Eolicy adopted by the Board)and
in an amount determined in accordance with the Frederick County bond estimate worksheet which shall
be equal to the approximate total cost of providing erosion and sediment control and stormwater quality
and quantity improvements as required by this chapter and shown on the approved plans in addition to a
25% contingency of the total bond amount. _
B. The Frederick County erosion and sediment control and stormwater management performance
agreement and Per-fefmaftee bendmonetary 2uarantyis to ensure that measures could be taken by the
County at the applicant's expense should he fail, after proper notice as outlined in § 143-225, within the
time specified to initiate or maintain appropriate actions which may be required of him by the permit
conditions because of his land-disturbing activity. If the County takes such action upon such failure by
the applicant, the County may collect from the applicant for the difference should the amount of the
reasonable cost of such action exceed the amount of the security held.
C. Upon successful completion of the land-disturbing activity, to include submittal of the construction as-
built drawings of permanent stormwater management facilities described in § 143-165 and prior to
termination of the VSMP permit, the owner or permittee must provide written notification to the County
in accordance with the Bonding Policy. Upon verification of adequate stabilization of land-disturbing
activity in the project or any section thereof, the Administrator shall i ee, re m e i a*the
take action a on
the monetary guaranteey and performance agreement in accordance with the Bonding Police
D. If the applicant/owner fails to comply with the approved SWPPP as documented through the site
inspections described herein, and after proper notification,the Administrator may determine that the
performance agreement is in default, and the _onetary guaranty may be
used to execute the plan.
Reference: § 62.1-44.15:34; 9 VAC 25-870-104D.
Chapter 144–Subdivision of Land
Article VII
Improvements and Guarantees
§ 144-40 General requirements.
All improvements shown on the subdivision design plan and the final subdivision plats shall be provided by
the applicant. In order to obtain approval of the final subdivision plats, all improvements must be constructed
or sufficient guaranties and performance agreements must be provided in such amount and such form as
is in accordance with the monetary uaranpolicy and performance agreement policy ado ted by the
Board. in
length it)f time. Such ;uam ties a e reqttiTed to asstire the ti 0
s
' S sidewalks,
abovegrotttid
and exeeu+e a peffe—plIH iee aweement bbefeiFe the final subdivision plats-and deeds ef-dedieafieft afe finalized
144 4 1 Forms of .
vvusuµV4111 stl
S
...a.._.._.......,:J .... .,.a., &....d...u.vllllulaliiii-sifccc`Qr-.
144 42 Amounts of guaranties.
d 4.-. r.4n
T
damage.. vv ili1N
Chapter 165—Zoning Ordinance
Article VIII
Development Plans and Approvals
Part 802
Site Plans
§ 165-802.04 Required improvements.
A. All improvements and construction on the site shall conform with the approved site plan or illustrative
sketch plan and the requirements of the Frederick County Code. [Amended 8-12-2015)
B. The Zoning ^dmiff stfat ~Director of Planning and Developiment may require a herd with si
�r=fir
the:aeeCpt monetary guar ccordance with the
monetary guaranty policy adopted by the Board, to insufe ensure the completion of
required improvements.
§ 144 TJ 1 yAA --rgliaFftlities.
bond,Any
eseFov',' iff--vocable letter-of or-
> by eci4ified mail,
that 4-
the gtiafatAies. A4 the time of r-eftewal, the Subdivision Adininistfatef may r-eqtiffe the appliGaftt4e-pf&-�4�
Stiffieiefft pr-Oef t@ ORSUFO that the gtlafffity Will OE)N'ef all e048 aSSE)Giated With jMpr-evem@fitS.
§ 1.111 44 Redtietion ofguaranties.
> ,
0
0
,; of said fa-ilities T-he
Subdivision Administfator shall not b&-r-equired to "eeute mor-
in any�welve-
§ 144 45 Maintenance bond.
} is Ret aeeePtable into the seeendafy system of stfft@ highways,
state hig",ays. IR lieu ef sueh bend, the Subdivision Adfflinistfater-may - baiik or-savings and lean
negotiated sui:A of money sufficient for-and Gonditioned upon the maintenaiiee of sueh read until sueh time as
it is neepted in4o the seeendaFy s tem of state highways. n
streets, Maitilefianee of sueh Foad" all be deemed toY'S Lwshi�nean faaii4enanee of the