Ordinances pass; property rightists scream

Three controversial rural protection ordinances, destined to be passed the minute Ann Mallek was elected to the Albemarle Board of Supervisors in November, were approved last night in a 4-2 vote after a public hearing to appease those who balked at an earlier January 23 vote. Ken Boyd and Lindsay Dorrier were the nays on the ordinances requiring 100-foot stream buffers, driveways to be fire truck accessible, and that families wait eight years– rather than the current two– to flip property.


It'll be interesting to see how long this survives in the courts. The stream buffer and firetruck provisions make sense, but they went waaaaaaaaaaaaay too far with the wait provision. Can't see any judge in America allowing that idea to survive. And they shouldn't allow it to survive - it's asinine. You can't tell people not to sell their property.

No one yet has explained clearly how limiting a driveway's slope "protects" the rural areas.

They're not telling people that they can't sell their property. They're telling people that, if they want to take advantage of a Family Division (which requires less red tape than a regular division under the county ordinances), they will have to wait the appropriate amount of time before re-selling the land.

Is a 16% grade equivalent to a 9 degree slope?

Also, if this wouldn't survive the courts, then you'd expect it to have already been over-turned in the other surrounding counties that already have similar ordinances in place.

Keep in mind, not all counties even have a Family Subdivision ordinance, it isn't required that Albemarle have one at all, since it isn't the only path to subdivision. From that perspective it's a real leap to say they took away some inherent "right".

7 years for a family division.....I don't see this lasting. If a family has a hardship, this could really create a huge problem for Albemarle county. What were they thinking??? What a way to spend taxpayers money when someone takes it to court. Did they use the word "flip" a property, or is this a newspaper declaration? Hmmmm, this one bears watching.