VDOT resolves road issue

By Betsy Ficklin
for The Journal - Westmoreland County

The Journal - Westmoreland County/STPNS

November 07, 2007

WESTMORELAND COUNTY, Virginia (STPNS) -- A subdivision code variance request brought to this Monday afternoon's Westmoreland Planning Commission meeting by Northern Neck Subdivision Community Development Authority's Rich Ward was resolved by county government officials and Department of Transportation employees from the agency's Fredericksburg office earlier the same day.

County Attorney Tom Bondurant, County Administrator Norm Risavi, Zoning Administrator Gary Ziegler and developer Ward returned from the Fredericksburg meeting with Department of Transportation employees moments before the November 5 Planning Commission meeting was scheduled to begin.

Ward's subdivision variance request was moved to the top of the afternoon's agenda as Ziegler and Ward attempted to explain to the Planning Commission members the reasons why the Virginia Department of Transportation had authority to authorize a subdivision street pavement width narrower than the minimum standard called for in Westmoreland County's subdivision ordinance.

After learning from Ward and Ziegler that the Department of Transportation had resolved the developer's width of pavement issue, Commissioner Brick Thomas questioned the merit of the recently adopted Westmoreland County Subdivision Ordinance, which Thomas said cost the local government $75,000 to $100,000 to create.

Ward and Ziegler explained that the pavement width can be reduced if the developer makes other parking options available to the subdivision residents. The narrower pavement width, must however, be approved by the governing body of that jurisdiction, according to the VDOT rules.

In the instance of Westmoreland, ordinance and policy require the Planning Commission members to rule on any subdivision ordinance variance. County officials are now having to ascertain whether the final call on Ward's width of pavement question will be made by the Supervisors or by the Commissioners.

During the discussion Ward faulted the newspaper headline that one week earlier had improperly characterized the requested pavement width reduction as substandard, despite the fact that the requested pavement width is narrower than the minimum allowed by local ordinance.

Nearly an hour into the November 5 discussion, Commissioner Brick Thomas remained uncertain about the quality of the subdivision streets being proposed. He recalled the lessons of Placid Bay and the subdivision property owners association that can no longer maintain those subdivision streets.

Prior to this week, the Commissioners had been told that Ward's streets would not be turned over to VDOT but would be maintained instead by the subdivision's property owners association.

The streets associated with the previously published variance request were to carry the designation of "private streets dedicated for public use and access."

This Monday afternoon things were expressed in different terms when Ward told Thomas that he and his associates are able to take actions that will satisfy "VDOT's interpretation of its existing ordinances without a variance" from the Westmoreland County Planning Commission. Subdivision roads will in fact be turned over to VDOT, he explained.

The pavement width, Ward stated, could be as narrow as 24-feet and still comply with VDOT requirements. Additionally, the county government will hold the developer's $25,000 maintenance bond, which will ensure proper maintenance of those streets.

After extensive discussion, the Commission opted to delay action until the December 3 Planning Commission meeting. If no subdivision ordinance variance is needed by developer Ward, the Commissioner will either concur with the Department of Transportation determination or sent a recommendation of its own to the Westmoreland Supervisors.

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