Board approves revised Brookhill license agreements allowing developer work on county parcel
Summary
The Board approved three revised non‑exclusive, revocable licenses for grading/road construction, stormwater facility modification and landscaping on county parcel 046B5‑1C0 in the Brookhill development; VDOT requested a county letter so it can negotiate release of its easement for long‑term maintenance discussions with the developer.
County Engineer Frank Pohl presented the board with revised licensing agreements for improvements in the Brookhill subdivision that affect county property (parcel ID 046B5‑1C0), and asked the board to adopt a resolution authorizing the agreements.
Pohl explained there are three non‑exclusive, revocable licenses: a grading/road construction license that terminates when roads are complete and accepted by VDOT; a stormwater facility license intended to remain in perpetuity to allow construction, modification and long‑term maintenance; and a landscaping license for planting and maintenance of buffers adjacent to Forest Lakes. He said the stormwater basin currently lies within a VDOT easement and that VDOT asked the county to provide a letter so VDOT may negotiate with the developer to release its interest and allow the developer to assume long‑term maintenance, subject to county control in the license agreement.
County Attorney Andy Herrick told the board that a license preserves county control and can be revoked, whereas an easement tends to be irrevocable and would require a public hearing. After members asked technical questions about using license areas vs. easements and the as‑built approach to avoid repeated adjustments, Supervisor Lupisto Kirtley moved to adopt the resolution attached to the staff report (attachment H); the motion was seconded and approved by roll call. The board stated it will regulate long‑term maintenance through the license agreement and that the facility will remain on county property even if the developer maintains it.
The board adopted the staff resolution to approve the revised Brookhill license agreements.
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