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Chesepeake Bay Preservation : LoCo proposal

Discussion in 'General Chat Forum' started by mwb2218, Apr 27, 2010.

  1. mwb2218

    mwb2218 New Member

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    Curious if anybody else is aware of this proposal? It sounds like it can restrict a property owner's right to develop on their property if it now backs up to one of these RPA's, if I am reading this right. (through a 100 foot buffer). So, if I back up to a pond in an established planned community (like Broadlands, Brambleton, Ashburn Village), seems like this would create a whole new world of red tape. Thoughts on this? Not sure if they have a public hearing on this, but I have not seen anything at all in the papers.

    http://www.loudoun.gov/Default.aspx?tabid=2872
     
  2. msflynn

    msflynn New Member

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    You are correct. My understanding is it not only effects those that back to a pond but any home that backs to any kind of water run off. That is a lot of people in this community plus it effects many of our community tot lots/ and trails for maintenance and upkeep. Yes can you imagine having to go to a public hearing and all kinds of amendments and special exceptions just to put a swing set in your back yard.
    There will be a public hearing on this before the Board not sure of the date yet but I will post as soon as I know.

    Staci
     
  3. msflynn

    msflynn New Member

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    Here is more information that I received today from neighboring Brambleton

    The Planning Commission is meeting this evening to finalize and recommend the Chesapeake Bay Protection Act to the Loudoun County Board of Supervisors for adoption at their May meeting. If adopted by the BOS, this Act will affect the manner in which your community’s landowners and your Association can improve, enhance or alter their property or your community’s common areas if the property is located within a Resource Protection Area (RPA). Landowner’s with a RPA on their lot will be required to seek special exceptions if they desire to alter landscaping, install sheds, gazebos, patios, pools, terraces, play structures, other detached structures or additions to their home. Associations will be required to seek similar exceptions if they want to improve, enhance or add additional community amenities such as trails, pools, sport courts, decks, docks, gazebos, play fields, landscaping or other desired community amenities on their common areas. The special exceptions could cost landowners (including HOAs) hundreds or thousands of dollars towards professional studies and application fees for such projects. Expenditure of these funds will not guarantee that their project will be allowed within the RPA.

    The adoption of this Act will take place without direct notification to the affected landowners. Such notice is not required when a change to the codified ordinance is considered for adoption by the County. Brambleton Community Association’s attorney has advised that it would be appropriate for the Association to notify its residents in the absence of any official notice coming from the County. I would suggest that all Association Boards consider taking similar action. Your community residents should not be taken by surprise when they are denied an improvement on their property because they were not given notice of the RPA or Act.

    More information on the Act can be found on the County Website. http://www.loudoun.gov/Default.aspx?tabid=2872

    Questions pertaining to the Act can be sent to Laura Edmond at chesbay@loudoun.gov

    The County Board of Supervisors will meet in May to discuss and adopt the Act. Comments to the Board should be sent to bos@loudoun.gov
     
  4. capo

    capo New Member

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    The public hearing is on May 24th. This will likely be the last change for public input before it gets adpoted. It will affect any homeowner that is within 100 feet from a perennial stream or wetlands that flow into a perennial stream. There will likely be a 100 foot buffer around the pond at Hidden Pond Place. The county has a draft map on thier web site but it only shows the 100 foot buffer associated with perennial streams and does not include wetlands. It also significantly underestimates the amount of perennial streams in the county.
     
  5. vacliff

    vacliff "You shouldn't say that."

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    There is most definitely a buffer around the pond. I have a nice pretty color picture of it.
     
  6. msflynn

    msflynn New Member

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    This was just sent to the Broadlands HOA board from Brambleton. I do believe this act will significantly impact many residents ability to build anything on their property and will cause a huge decrease in property values as a result.
    Staci

    All
    I continue to be concern on how this Act will affect our residents' lots and community common areas. The County placed notice in the local newspapers but does not plan to individually notify affected property owners. Affected landowners should be made aware of this proposed Act and how it will affect their lot. A sample map of Brambleton (Below Link #12) which shows how many landowners will be affected. The yellow and green areas on the map are landowners that may be subjected to RPA requirements. Lots within these areas could be subjected to hundreds or thousands of dollars related to RPA required studies and fees if they desire to improve or alter their lot by adding decks, patios, sheds, pools, gazebos, etc. I have also attached a list of proposed costs that could apply to these projects. Please not that these costs do not even include the County review fees. Upon review of these documents it is apparent how expansive the RPA is and how many lots could be affected.
    There is a Joint Meeting between the Board and Planning Commission this evening at 6:00pm. At this meeting County staff will make a presentation on the Chesapeake Bay Preservation Act to the Supervisors and Commissioners. I plan to attend to further educate my self on this matter and where the Board stands. I invite you to do the same.
    Please consider forwarding this to your HOA Boards and affected landowners within your community. Give them a chance to be notified of the Act, review and provide comment to the Loudoun County Board of Supervisors if they desire.
    Sincerely, Rick

    #cg_msg_content st1\00003a* { } #cg_msg_content _filtered {margin:1.0in 1.25in 1.0in 1.25in;}#cg_msg_content P.MsoNormal { MARGIN:0in 0in 0pt;FONT-FAMILY:"Times New Roman";FONT-SIZE:12pt;}#cg_msg_content LI.MsoNormal { MARGIN:0in 0in 0pt;FONT-FAMILY:"Times New Roman";FONT-SIZE:12pt;}#cg_msg_content DIV.MsoNormal { MARGIN:0in 0in 0pt;FONT-FAMILY:"Times New Roman";FONT-SIZE:12pt;}#cg_msg_content A:link { COLOR:blue;TEXT-DECORATION:underline;}#cg_msg_content SPAN.MsoHyperlink { COLOR:blue;TEXT-DECORATION:underline;}#cg_msg_content A:visited { COLOR:purple;TEXT-DECORATION:underline;}#cg_msg_content SPAN.MsoHyperlinkFollowed { COLOR:purple;TEXT-DECORATION:underline;}#cg_msg_content P.MsoPlainText { FONT-FAMILY:"Times New Roman";MARGIN-LEFT:0in;FONT-SIZE:12pt;MARGIN-RIGHT:0in;}#cg_msg_content LI.MsoPlainText { FONT-FAMILY:"Times New Roman";MARGIN-LEFT:0in;FONT-SIZE:12pt;MARGIN-RIGHT:0in;}#cg_msg_content DIV.MsoPlainText { FONT-FAMILY:"Times New Roman";MARGIN-LEFT:0in;FONT-SIZE:12pt;MARGIN-RIGHT:0in;}#cg_msg_content DIV.Section1 { }
    Richard Stone CMCA®, AMS®, PCAM®
    General Manager

    Brambleton Community Association
    42645 Regal Wood Drive

    Brambleton, VA 20148-6996
     
  7. mwb2218

    mwb2218 New Member

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    Cant seem to find the fees? can you attach it?
     
  8. msflynn

    msflynn New Member

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    Sorry did not realize there was another part
     

    Attached Files:

  9. Sunny

    Sunny Chief Advisor

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    If I am reading this correctly, it looks as though the homeowner fees apply to new construction or major alteration. If you are planning to do a deck, gazebo, etc. you fill out the exemption portion on page 2 and the fee is $0.
     
  10. mwb2218

    mwb2218 New Member

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    Hmm..I read that portion as an exemption for existing structures only. It seems like you would have to pay all the fees for a new structure (up to 4750 within the RPA zone, but maybe I am not reading it right.
     
  11. Sunny

    Sunny Chief Advisor

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    I think the improvement to the existing structure is your deck, and the existing structure is your house. That is how I read it. But maybe it should be written so that it is not open for interpretation, either way.
     
  12. Dawne

    Dawne HOA Sec/Treas, Tech Comm

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    From BOS Biz Meeting Notes of May 3 and 4:

    The Public Hearing for the Chesapeake Bay Preservation Act is May 24, at 6:30 pm. The Chesapeake Bay Preservation Act is a government program that sets guidelines and restrictions on 84 tidewater areas that flow in to the Chesapeake. Loudoun County lies within the Potomac Watershed which drains in to the Chesapeake Bay. If you would like to speak you may pre-register by calling Ann Stewart at 703-771-5072.
     
  13. capo

    capo New Member

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    Loudoun County is not in Tidewater Virginia and is not required to adopt the Bay Act. If passed, Loudoun will be the first county to voluntarily adpot the Chesapeake Bay Preservation Act.
     
  14. Mr. Linux

    Mr. Linux Senior Member & Moderator Forum Staff

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    Sunny, from what we were told, any EXISTING structure is exempt. So if you have a deck, shed, etc on your property already and you want to replace it with one of the same size/type, you should be fine.

    If you DO NOT already have a deck, shed, etc, and wish to add one after this proposal goes through, and property is within one of the affected areas, you will then have to pay (out of your own pocket) for studies to be conducted showing that what you are trying to add to your property will not have an impact. These studies will probably run in the hundreds or thousands of dollars, not including County review fees.

    So yes, it will affect MANY residents in a very negative way in my opinion...
     
  15. msflynn

    msflynn New Member

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    Here is some more information the board has received about the act. This info has been complied by Brambleton Association but it effect our community just as much if not more.

    I would like to update the everyone on the Chesbay Meeting I attended last week. At that meeting County Staff presented the Draft Chesapeake Bay Preservation Ordinance to the County Board of Supervisors and the Planning Commission. I walked away from that meeting with even greater concerns for our community common areas and our residents. I have bulleted several of my concerns below:

    • How will the Resource Protection Area (RPA) affect your community? All our residents within the RPA screening area will be required to seek a special zoning exception from the County if they want to add an accessory structure, deck or addition to their lot. Such accessory structures include, but are not limited to, sheds, patios, play structures, terraces, gazebos, landscaping or other similar items. The RPA will also affect your community common areas. Your HOA will be required to seek special zoning exceptions if the want to add new community amenities, renovate or improve existing amenities and landscaping if the common area is within the RPA. The community amenities that could be affected are pools, trails, ball fields, tot lots/playgrounds, sport courts, docks, decks, gazebos, picnic shelters or other similar amenities enjoyed by your residents.
    • What is the cost to the landowner who wants to improve their "RPA" lot with an accessory structure or community amenity? The cost of the RPA studies for a landowner on a 1/2 acre lot or less is ballparked to be around $4000 to $7000. This study will not guarantee that the proposed project will be approved. The cost to community association could be in excess of $25,000 for required studies related to new amenities or improvements to existing community amenities. Can your community and residents afford this?
    • Who will be affected by the Resource Protection Areas? County staff could not answer this question. A minimum of 8% of the county parcels will be affected; but that number could be as great as 50% of the parcels. The County mapping data on streams. ponds and wetlands is incomplete and they are not planning to survey the County prior to the adoption of the voluntary Act. The County will rely on data that landowners provide them through their private studies required by the application process. This data will be used to fill in the missing holes in the County maps at the landowners' expense.
    • Will areas around existing stormwater management facilities be affected by the RPA? Yes, most existing stormwater management ponds and facilities will be affected. I don't understand the logic of including these management ponds due to the fact that they are specifically designed and constructed to filter the water and slow runoff down. Why does the County feel it is necessary to "buffer the buffer" at landowners' expense?​
    • How will this affect your residents' property values? I am not a real estate appraiser and can not accurately answer this question. However, logic would tell you that if an RPA "easement" or restriction is place on a piece of property, that property's value would be less than an identical property without the restriction. ​
    • Will the County send notice to landowners that will be affected by the RPA and Act? The County has no intentions to send notice directly to the affected landowners. They will only place notice in the local newspapers. This is the reason why I am urging all HOA Boards to get the word out to their residents through email, newsletters and your website.​
    • How are the Agricultural districts of Loudoun County being affected by the ACT and related RPA? I am not totally clear on how they will be affected. What I am aware of is that Agricultural Conservation Assessment has been removed from the proposed ordinance. The Agricultural districts are some of the greatest polluters of the ChesBay and for whatever reason they are being held to a lower standard or possibly exempt from the Act and ordinance.​
    • Has there been any improvements over the past 20 years as a result of other counties adopting the ChesBay Act? One of the supervisors asked this exact question at the meeting. County staff could not answer this question in a positive or promising manner. Apparently there has been no measurable improvement within the Bay but County staff went on to say that the Bay could possibly be worst off if the Act was not implemented by the required counties and jurisdictions. There appears to be a lack of data and positive results that supports this action being considered by the County Board.​
    • Has any other counties or jurisdictions voluntarily adopted the Chesapeake Bay Preservation Act? No, Loudoun County will be the first to voluntarily adopt this Act which will place these regulations, restrictions, requirements and related expense on its taxpayers. ​
    • How will this voluntary Act be funded by the County? To my knowledge, there has been no discussions or projections on what this will cost the County or tax payers to implement and administer. In a time that the County is experiencing budget shortfalls and cuts to essential services, such as schools and public safety, why are they even considering the voluntary adoption of this Act and ordinance?​
    • Where can I find more information on this Act and the RPA? The County website has information on the Act and RPA. http://www.loudoun.gov/Default.aspx?tabid=2872 I would also recommend that you go to the County Mapping page on the website to determine how the RPA screening tool affects your common areas and community amenities. http://gisinter1.loudoun.gov/weblogis/default.htm Once on this page enter your address under the search; and then under Map layers/Environmental select Draft RPA Screening Tool . This will show which lots and common areas could be affected. I must add that County Staff has been been less than helpful. I have sent three emails to Staff since 4/20/10 asking questions pertaining to the Act and requested a Community meeting. I have not yet received any answers to these emails. I wish you the best if you go this route. I would also suggest that your HOA may want to consult with your ponds and wetlands contractor and/or your association attorney on this matter.
    I could go on but these are some of the key points that I wanted to communicate. I am sure that your community and residents may have other concerns once they are aware of the Act and have an opportunity to learn more on the restrictions the RPA may place on their property, their community common areas and amenities.
    HOA boards and community managers only have a limited time to get information on this Act out to their residents. The County Board of Supervisors will hold a public hearing on the Chesapeake Bay Preservation Act on May 24, 2010. TIME IS RUNNING OUT!!!

    Staci
     
  16. T8erman

    T8erman Well-Known Member

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    $4-7k for a survey?!?! I want to know how the hell a deck, patio or most any addition to a backyard is going to adversely impact the bay?

    This stinks of some sorta cockamammie money grab.
     
  17. Dawne

    Dawne HOA Sec/Treas, Tech Comm

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    Rick S (of Brambleton) has brought up many valid points. I would hope that residents that share these concerns would drop an email to the Board of Supervisors. With the hearing only a week or so off, it's important to get those comments to the BOS as soon as possible.
     
  18. Dawne

    Dawne HOA Sec/Treas, Tech Comm

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    Rick has been kind enough to share his letter to the BOS. I've edited it to make it more generic. Feel free to edit/adjust it to your needs.

    If you have concerns about the CBAct and RPA, please consider sending this or your own letter to the Board of Supervisors before the May 24 meeting.

    Board: bos@loudoun.gov
    Individual representatives: scott.york@loudoun.gov, susan.buckley@loudoun.gov, jim.burton@loudoun.gov, lori.waters@loudoun.gov, sally.kurtz@loudoun.gov,
    stevens.miller@loudoun.gov, supervisor.kelly.burk@loudoun.gov, andrea.mcgimsey@loudoun.gov, eugene.delgaudio@loudoun.gov

    -----------------------------------------
    Your Name
    Your Address
    City, State Zip

    Loudoun County Board of Supervisors
    1 Harrison Street
    Leesburg, VA 20175

    Date

    Supervisor Stevens Miller:

    I am concerned with the future adoption of the Chesapeake Bay Preservation Act and the impact that it will have on residents' property if the Board adopts this voluntary Act. My concerns are listed below:

    - The RPA will restrict how residents can improve their property. Residents' future desires to build a pool, outdoor kitchen, patio and gazebo are endangered as a result of the proposed RPA.
    - The RPA will add thousands of dollars to the cost of any detached accessory structures that residents may desire to build. Under the current proposal it could cost an additional $4,000 to $7,000 to build a $1,000 10’X10” shed. What's wrong with this picture?
    - The RPA could decrease residents' property values.
    - The Act and RPA will change the face of the community by restricting future community amenities on common areas such as trails, sport courts, ball fields, gazebos, picnic shelters, play equipment, pools, etc.
    - I am concerned with the lack of response from county staff on this issue. Resident emails to the ChesBay email and Laura Edmonds with Act and RPA questions and have yet to receive any answers.

    I believe there are several flaws with the proposed ordinance and have several questions related to the Act and RPA:

    - Stormwater management ponds are constructed to reduce runoff and related pollution. Why is it necessary to place the RPA around a stormwater management facility that is already designed to manage existing runoff?
    - How can the County move forward with the Ordinance if they don’t know who or how many landowners are affected by the RPA?
    - If agricultural uses are one of the largest contributors to the pollution of waterways, why is the Agricultural Conservation Assessment excluded from the performance criteria?
    - Phosphorous from suburban yards is considered a concern for the Chesapeake Bay. It would be more effective if non-phosphorous product were promoted in the Act and in place of the restriction of shed, play sets, etc. Why is this not addressed?
    - How many counties/localities have voluntarily adopted the Act?
    - If adopted, how will the voluntary Act be administered? How will it be funded? How much will this cost the County?
    - How can the County Board justify the funding of a voluntary Act when there are budget shortfalls and cuts in departments with essential services such as the schools and public safety?

    Thank you for seriously considering how this voluntary Act will have lasting affects on landowners in suburban Loudoun. Please contact me if you have any questions.

    Sincerely,

    Your Name
    -----------------------------------------
     
  19. flynnibus

    flynnibus Well-Known Member Forum Staff

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    Reading through I see a few things that affect homeowners.

    First.. the county has a 'rough pass' tool (the RPA Screening Tool) that points out any area within 200ft of a stream/waterway. If you are in this area (and 50% of the county is) you get flagged.

    Now the process to get pass the flag will vary greatly depending on the size and type of modification.

    If you are making modifications that disturb more then 2,500sq ft... you're screwed regardless and need the professional surveys. If your modifications are under 2,500sq ft, and not within 50ft of the water - there seems to be outs to lessen the impact.

    You can get an administrative waiver, and can do a Minor Water Impact study which could be done yourself and the county could do the 'real' RPA Delinenation. This is what I read from Section E on page 18 here
    http://www.loudoun.gov/controls/spe...ng+Packets/2010/05-24-2010+Ches+Bay+PH+Packet

    This wouldn't be too bad, and probably much like most other zoning things.

    But the kicker is structures like sheds/patios/pools/etc can NOT be done through this administrative waiver, and would require a public hearing. What is not clear in this packet so far is... if you fall within the screening area.. 200ft.. when/who does the ACTUAL RPA Delineation (which establishes the true boundaries).

    So you get 'flagged' for being within 200ft, but in practice you probably are not within the true RPA boundary... but someone has to actual do that Delineation work. That scenario isn't clear to me in the meeting packet. Some references keep saying 'staff' but isn't clear on the impact or cost of having that done by county staff.

    This is not the same as actually doing the WQIA/etc. This is purely getting the actual 'mapping' done to say where the RPA boundary truly is.

    I'm worried about being flagged by the screening tool, and getting additional costs, when I'm not even in the RPA to begin with.

    The RPA Screen boundary of 200ft reduces the # of people and areas that have to go through the process, but doesn't protect everyone.

    I hadn't given much thought to it prior - but I didn't realize the little pee stream past my neighbors house would cause the entire area to be flagged by the RPA Screening tool.
     
  20. Dawne

    Dawne HOA Sec/Treas, Tech Comm

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    Re: Bay Act: RPA For Bullfrog Pond

    Here's the Loudoun Cty Draft RPA Overlay for the Bullfrog Pond area.
     

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