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05-01-2014 Special Budget MeetingSPECIAL BUDGET MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIRST DAY OF MAY IN THE YEAR TWO THOUSAND AND FOURTEEN IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: Byron B. Bailey, Chairman Rex W. Alphin, Vice -Chairman Delores C. Darden Rudolph Jefferson Alan E. Casteen Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk Chairman Bailey called the special meeting to order at 10:00 a.m. Supervisor Casteen moved that the agenda be approved. The motion was adopted by a vote of (S-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. 11 An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 14A, Stormwater Management Ordinance County Attorney Popovich confirmed proper advertisement of the proposed Ordinance and public hearing in accordance with the Code of Virginia and it is before the Board for consideration of adoption. Supervisor Alphin moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 14A. STORMWATER MANAGEMENT. WHEREAS, the Virginia General Assemby has enacted certain revisions to the Stormwater Management Act, Section 62.1-44.15:24 et seq. of the Code of Virginia (1950, as amended) that imposes new requirements upon Isle of Wight County; and WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, in order to comply with those new requires has deemed it necessary to update its current ordinance in accordance with the new statutory requirements enacted by the Virginia General Assembly; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 14A, Stormwater Management, of the Isle of Wight County Code be amended and reenacted as follows: STORMWATER MANAGEMENT ISLE OF WIGHT COUNTY, VIRGINIA Article i. - General Provisions. Sec. 14A-1. - Statutory authority Sec_ 14A-2. - Findings of fact. Sec, 14A-3. - Purpose. Sec. 14A-4. - Applicabllity Sec. 14A-5. -_Compatibility with other permit and ordinance requirements. Sec. 14A-6. - Severability. Sec. 14A-7.-- Adoption of the Virginia Stormwater Management Handbook and the BMP Clearinghouse Sec. 14A-1. - Statutory authority. (a) Pursuant to Code § 62.144.15:27, Establishment of Virginia Stormwater Management Programs (VSMPs), Isle of Wight County hereby establishes a Virginia Stormwater Management Program for land -disturbing activities and adopts the applicable Regulations that specify standards and specifications for VSMPs promulgated by the State Board for file purposes set forth in this Chapter. In accordance with 9VAC25-870-148, the Board of Supervisors of Isle of Wight County hereby designates the Director of General Services or an authorized designee as file Program Administrator of the Isle of Wight County Stormwater Management Program (b) The Isle of Wight County Board of Supervisors, as provided in Article IX of this chapter, shall set appropriate levels of stormwater management utility fees so that adequate revenues will be generated to provide for a balanced operating and capital improvement budget for operation and maintenance of the County's stormwater system. Sec. 14A-2. - Findings of fact. The waters and waterways within lie county are, at times, subjected to flooding; that such ffoodrny is a danger to the lives and property of the public; that such flooding is also a danger to the natural resources of the county; that development tends to exasperate such flooding by increasing stormwater runoff due to alteration of the hydrologic response of the watershed in changing from the undeveloped to the developed condition; that such increased flooding produced by the development of real property contribute% increased quantities of water -borne pollutants, and tends to increase channel erosion; that such increased flooding. increased erosion, and increased pollution constitutes deterioration of the water resources of the county; and that such increased flooding, increased erosion and increased pollution can be controlled to some extent by the regulation of stormwater runoff from such development. Therefore, it is determined that it is in the public interest to establish requirements to regulate the discharge of stormwater runoff from such developments as provided in this chapter. Sec. 14A-3. - Purpose. It is the purpose of this chapter to establish minimum stormwater management requirements and controls to protect properties, safeguard the general health, safely, and welfare of the public residing in watersheds within this jurisdiction, protect the quality of state waters from the potential harm caused by land -disturbing activity, and to establish procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced In addition, amendments to the Federal Water Pollution Control Act, commonly known as the Clean Water Act, in 1987 required the Environmental Protection Agency to establish National Pollutant Discharge Elimination System (VPDES) permit regulations and the Virginia Department of Environmental Quality to establish the Virginia Stormwater Management Program permit regulations for Municipal Separate Storm Sewer Systems. These regulations require the County to adopt an ordinance to prohibit illicit discharges into the storm sewer system. It is also the purpose of this chapter to meet the requirements of prohibiting illicit discharges, (a) This ordinance is adopted pursuant to Article 2.3(§ 62.1-44.15:27 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia. (b) This chapter seeks to meet these purposes through the following objectives: 1. Require that land development and land conversion activities as nearly as practicable mimic the pre -development runoff characteristics in order to reduce flooding, siltation, stream bank erosion, and property damage; 2_ Establish minimum design criteria for the protection of properties and aquatic resources downstream from land development and land conversion activities from damages due to increases in volume, velocity, frequency, duration, and peak flow rate of stormwater runoff; 3_ Establish minimum design criteria for measures to minimize nonpoint source pollution from stormwater runoff which would otherwise degrade water quality; 4_ Establish provisions for the long-term responsibility for and maintenance of stormwater management control devices and other techniques specified to manage the quality and quantity of runoff: 5. Establish procedures for the submission, review, approval, and disapproval of stormwater plans, and the inspection of approved projects; and 6. Establish controls to reduce pollutants to the storm sewer system from illicit discharges to the maximum extent practicable, as required by the County's Small Municipal Separate Storm Sewer System (MS4) VPDES discharge permit. Sec. 14A-4. - Applicability. (a) All land development projects disturbing greater than or equal to one acre of land or two thousand five hundred square feet within the Chesapeake Bay watershed, as well as all modifications to existing stormwater systems and all illicit discharges, shall comply with. the requirements of this chapter, except as provided for in § 62.1-44.15:34C of the Code of Virginia, also listed below. or such exceptions as may be granted pursuant to Article IV of this chapter. (b) Pursuant to § 62.1-44.15:34C of the Code of Virginia, the following activities are exempt from this chapter. 1. Permitted surface or deep mining operations and projects. or oil and gas operations and projects conducted under the provisions of Title 45'1; 2. Clearing of lands specifically for agricultural purposes and the management, tilling. planting or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the Board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§10.1 — 1100 et seq.) or is converted to bona fide agricultural or improved pasture use as described in subsection B of §10.1-1163; 3. Single-family residences separately built and disturbing less than one acre and not part of a larger common plan of development or sale, including additions or modifications to existing single-family detached residential structures. However, properties where land disturbance exceeds 2,500 square feel that are subject to the Chesapeake Bay Preservation Act (§62.1- 44.15:67 et seq.) shall be subject to these regulations; 4. Land disturbing activities that disturb less than one acre of land area except for land disturbing activity exceeding an area of 2,500 square feet in all areas of the jurisdictions designated as subject to the Chesapeake Bay Preservation Area Designation and Management Regulations (9VAC25-830) adopted pursuant to the Chesapeake Bay Preservation Act (§62.1-44.15;67 et seq.) or activities that are part of a larger common plan of development or sale that is one acre or greater of disturbance. 5. Discharges to a sanitary sewer or combined sewer system; 6. Activities under a state or federal reclamation program to return all abandoned properly to an agricultural or open land use; 7. Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity. or original construction of the project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subsection; 8. Conducting land -disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the VSMP Authority shall be advised of the disturbance within seven days of commencing the land -disturbing activity and compliance with the administrative requirements of subsection A is required within 30 days of commencing the land -disturbing activity. (c) Stormwater management plans submitted shall be governed by the stormwater criteria found in the latest edition of the Virginia Stormwater Management Handbook as well as other criteria referenced therein. Final authorization of all projects will be determined after review by the Isle of Wight County Stormwater Division. Sec. 14A-5. - Compatibility with other permit and ordinance requirements. Approvals issued pursuant to this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance at the Local, Stale, or Federal level. If more stringent requirements concerning regulation of stormwater are contained in the other code, rule, act or ordinance, the more stringent regulation shall apply. Sec. 14A-6. - Severability. If the provisions of any arlicle, section, subsection, paragraph, subdivision or clause of this chapter shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of thls chapter, Sec. 14A-7. - Adoption of the Virginia Stormwater Management Handbook & the BMP Clearinghouse. Isle of Wight County will utilize the policy, criteria and information, including specifications and standards of the latest edition of the Virginia Stormwater Management Handbook (VSMH. Handbook) and incorporated references therein, for the proper implementation of the requiremonts of this chapter. The BMP Clearinghouse includes a list of acceptable stormwater management facilities, and the specific design criteria for each stormwater facility. The Handbook and BMP Clearinghouse may be updated and expanded from time to time, based on improvements in engineering, science, monitoring and local maintenance experience. Stormwater management facilities designed and constructed in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards. Article II. - Definitions. Sec. 14A-8. - Definitions. In addition to the definitions set forth in 9VAC25-870-10 of the Virginia Slormwater Management Regulations, as amended, which are expressly adopted and incorporated herein by reference, the following words and terms used in this Chapter have the following meanings unless otherwise specified herein, Refer to the latest edition of the Virginia Stormwater Management Handbook for additional definitions not contained in this chapter, Administrator or Program Administrator\ for the purposes of this chapter means the VSMP Authority, the Director of the Isle of Wight County General Services Department or authorized designee responsible for administering the VSMP on behalf of Isle of Wight County. Agreement in lieu of a stormwater management plan\ means a contract between the VSMP Authority and the owner or permittee that specifies methods that shall be implemented to comply with the requirements of a VSMP for the construction of a single-family residence; such contract may be executed by the VSMP authority in lieu of a stormwater management plan. Agricultural property\ means land used for the tilling, planting or harvesting of agricultural, horticultural or forest crops or land used for raising livestock. For purposes of this ordinance, an agricultural property containing impervious surface is considered a developed residential property. Applicant\ means any person submitting an application for a permit or requesting issuance of a permit under this Chapter. Best Management Practice (BMP)\ means schedules of activities, prohibitions of practices, including both structural and nonstructural practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land - disturbing activities. Chesapeake Bay Preservation Act (CEPA) land -disturbing activityl means a land -disturbing activity including clearing, grading, or excavation that results in a land disturbance equal to or greater than 2,500 square feet and less than one awe in all areas of jurisdictions designated as subject to the Chesapeake Bay Preservation Area Designation and Management Regulations (9VAC25-830) adopted pursuant to the Chesapeake Bay Preservation Act, Code of Virginia, § 62.1-44.15.67, et seq. Clean Water Act or CWA\ means the federal Clean Water Act (33 U.S.0 §1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto. Common plan of development or salel means a contiguous area where separate and distinct construction activities may be taking place at different times on difference schedules. Control measurel means any best management practice or stormwater facility, or other method used to minimize the discharge of pollutants to state waters. Credits\ means a reduction in a nonresidential customer's stormwater user fee given for certain qualifying activities that either reduce the impact of increased stormwater runoff or reduce the County's costs of providing stormwater management. Department\ means the Virginia Department of Environmental Quality. Developed nonresidential property\ means developed property that does not serve a primary purpose of providing permanent dwelling units. Such property shall include, but not be limited to, commercial properties, industrial properties, parking lots, recreational and cultural facilities, hotels, offices, hospitals, churches, manufactured home parks, apartment buildings, and other multifamily properties with more than four (4) dwelling units. Developed property\ means a real property that has been altered in whole or in part from its "natural" state by the addition of any improvements such as buildings, structures, paving and/or other impervious surfaces. Developed residential property\ means a developed property containing at least one (1), but no more than four (4), dwelling unit, accessory structure, or other improvement. Such properties shall include. but not be limited to, those with single family houses, condominiums, duplexes, triplexes, quadruplexes, townhouses and manufactured homes (that are not located in a manufactured home park). sheds, garages, and other accessory structures_ Development\ means land disturbance and the resulting landform associated with the construction of residential, commercial, industrial, institutional, recreation, transportation or utility facilities or structures or the clearing of land for non-agricultural or non-silvicultural purposes. Dwelling unit\ means a single housing unit, manufactured home, townhouse, or condominium providing complete, independent living facilities for one (1) or more persons, including provisions for living. sleeping, eating, cooking and sanitation. For purposes of this ordinance, apartment buildings and manufactured homes located within a manufactured home park are considered developed nonresidential properly. Equivalent residential unit or ERU\ means the equivalent impervious area of a single-family developed residential property per dwelling unit located within the County based on the statistical average horizontal impervious area of a single-family residence in the County. The ERU is defined in the Uniform Fee Schedule. ERU rate\ means the fee charged for one (1) equivalent residential unit, as shall be set out in the Isle of Wight Uniform Fee Schedule, as adopted by the Isle of Wight County Board of Supervisors, as it may be amended. General Permitl means the 1Slale Permit titled GENERAL_ VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES found in part 9VAC25-884-1 et seq. of the Slormwater Regulations authorizing a category of discharges undar the Clean Water Act and the Virginia Slormwater Management Act within a geographical area of the Commonwealth of Virginia_ Land disturbance or land -disturbing activity\ means a man-made change to the land surface that potentially changes its runoff characteristics including clearing, grading, or excavation except that the term shall not include those exemptions specified in Section 62.1-44,15;34C of the Code of Virginia, Layouti means a conceptual drawing sufficient to provide for the specified stormwater management facilities required at the time of approval. Manufactured home park\ means a lot or parcel on which are located, or which is arranged or equipped for the accommodation of, two or more manufactured homes occupied for living purposes. Minor modification) means an amendment to an existing General Permit before its expiration not requiring extensive review and evaluation including, but not limited to, changes in EPA promulgated lest protocols, increasing monitoring frequency requirements, changes in sampling locations, and changes to compliance dates within the overall compliance schedules. A minor General Permit modification or amendment does not substantially alter General Permit conditions. substantially increase or decrease the amount of surface water impacts, increase the size of the operation_ or reduce the capacity of the facility to protect human health or the environment. Operatorl means the owner or operator of any facility or activity subject to regulation under this Chapter. Permittee\ means the person to whom the VSMP Authority Permit is issued. Person\ means any individual, corporation, partnership, association, stale, municipality, commission, or political subdivision of a stale, governmental body, including a federal, state, or local entity as applicable, any interstate body or any other legal entity. Private stormwater facilities\ means various stormwater and drainage works not under the control or ownership of the County, state or federal government which may include inlets, conduits, pipes, pumping stations, manholes, structures. channels, outlets. retention or detention basins, other structural components and equipment designed to transport, move, treat or regulate stormwater- Public stormwater facilities\ means various stormwater and drainage works under the control or ownership of the County, state, or federal government which may include inlets, conduits, pipes, pumping stations, manholes, structures, channels, outlets, retention or detention basins, other structural components and equipment designed to transport, move, treat or regulate stormwater_ Regulations\ means the Virginia Slormwater Management Program (VSMP) Permit Regulations, 9VAC25-1374, as amended Site\ means the land or water area where any facility or land -disturbing activity is physically located or conducted, including adjacent land used or preserved in connection with the facility or land -disturbing activity. Areas channelward of mean low water in tidal Virginia shall not be considered part of a site. State\ means the Commonwealth of Virginia. Slate Board\ means the Virginia State Water Control Board. State Permit\ means an approval to conduct a land -disturbing activity issued by the State Board in the form of a state stormwater individual permit or coverage issued under a state General Permit or an approval issued by the State Board for stormwater discharges from an MS4. Under these state permits, the Commonwealth imposes and enforces requirements pursuant to the federal Clean Water Act and regulations, the Virginia Stormwater Management Act and the Regulations. State Water Control Law\ means Chapter 3.1 (§62.1-44.2 et seq ) of Title 62.1 of the Code of Virginia. State waters\ means all waters on the surface and under the ground wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands. Stormwater\ means precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include Stormwater runoff, snow melt runoff, and surface runoff Stormwater management plan or plan, means a document(s) containing material for describing methods for complying with the requirements of the VSMP or this chapter. Stormwater management revenues or revenues\ mean all rates, fees, assessments, rentals, other charges or other income received in connection with the management and operation of the system, including amounts received from the investment or deposit of moneys in any fund or account and any amounts contributed by the County, "fees -in -Lieu -of" provided by developers or individual residents, and the proceeds from sale of utility bonds. Stormwater management system or system\ means the stormwater management infrastructure and equipment of the County and all improvements thereto for stormwater control in the County. Infrastructure and equipment shall include structural and natural stormwater control facilities of all types, including, without limitation, retention and detention basins, storm drainage pipes, conduits, pumping stations, and other plants, structures, and real and personal property used for support of the system. The system does not include privately owned farm ditches and other private drainage systems serving industrial, commercial, homeowners association or other facilities serving privately owned property Stormwater management utility, stormwater utility, or utility) means the enterprise fund created by this Article to operate, maintain and improve the County's stormwater management system- Stormwater Pollution Prevention Plan or SWPPP\ means a document that is prepared in accordance with good engineering practices and that identifies potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from the construction site, and otherwise meets the requirements of this Chapter. In addition the document shall identify and require the implementation of control measures, and shall include, but not be limited to the inclusion of, or the incorporation by reference of, an approved erosion and sediment control plan, an approved stormwater management plan, and a pollution prevention plan. Subdivision\ means the same as defined in Appendix A Subdivisions Article 2 of the Isle of Wight County Code. Total maximum daily load or TMDLI means the sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources, natural background loading and a margin of safety. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure. The TMDL process provides for point versus nonpoint source trade-offs. Undeveloped property\ means any parcel which has not been altered from its natural state to disturb or alter the topography or soils on the property in a manner which substantially reduces the rate of infiltration of stormwater into the earth. Utility fees\ means the user fees based upon the ERU rate applied to property owners of developed residential property and developed nonresidential property, all a:i more fully described in this article. The minimum utility fee is one (1) ERU multiplied by the ERU rale. Virginia Stormwater Management Act or Actl means Article 2.3 (§ 62.144.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia. Virginia Stormwater BMP Clearinghouse websitel means a website that contains detailed design standards and specifications for control measures that may be used in Virginia to comply with the requirements of the Virginia Stormwater Management Act and associated regulations. Virginia Stormwater Management Program or VSMPI means a program approved by the State Board after September 13, 2011, that has been established by a locality to manage the quality and quantity of runoff resulting from land -disturbing activities and shall include such items as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement, where authorized in this article, and evaluation consistent with the requirements of this article and associated regulations Virginia Stormwater Management Program Authority or VSMP Authority\ means an authority approved by the State Board after September 13, 2011, to operate a Virginia Stormwater Management Program. VSMP Authority Permit 1 means an approval to conduct a land -disturbing activity issued by the Administrator for the initiation of a land -disturbing activity, in accordance with this Chapter, and which may only be issued after evidence of General Permit coverage has been provided by the Department. Article Ill. - Stormwater Management Program Permit Procedures and Requirements. Sec. 14A-9. - Permit required. Sec 14A-10. - Permit application requirements and procedures. Sec. 14A-11. — Permit Fees. Sec_ 14A-12. — Stormwater pollution prevention plan required. Sec. 14A-13. - Stormwater management plan contents Sec. 14A-14. — Pall ution.prever_ttion plan contents. Sec. 14A-15. — Review of stormwater management plan. Sec., 14A-16. - Stormwater facility maintenance agreements. 14A-1 7- — P rf rmance and Surety bonds. Sec, 14A-9. - Permit required. (a) No person may engage in any land -disturbing activity until a VSMP Authority Permit, has been issued in accordance with the provisions of this Chapter, unless otherwise exempt per Section 14A-4 of this chapter or exempt per Section 6 3 of the Isle of Wight County Erosion and Sedimentation Control Ordinance (Chapter 6). (b) Should a land disturbing activity associated with an approved plan in accordance with this chapter not begin during the one hundred eighty -day period following approval or cease for more than one hundred eighty (180) days, the Program Administrator or authorized designee may evaluate the existing approved erosion and sediment control plan and stormwater management plan to determine whether the plan still satisfies local program requirements and to verify that all design factors are still valid. If the Administrator finds the previously filed plan to be inadequate, a modified plan shall be submitted and approved prior to the resumption of land disturbing activities. (c) A Chesapeake Bay Preservation Act Land -Disturbing Activity shall be subject to an erosion and sediment control plan consistent with the requirements of the Erosion and Sedimentation Control Ordinance (Chapter 6), a stormwater management plan as outlined under Section 14A-13, the technical criteria and administrative requirements for land -disturbing activities outlined in Article V, and the requirements for long-term maintenance of control measures outlined under Article VII. Any exception for a Chesapeake Say Preservation Act Land -Disturbing Activity shall be requested in accordance with Section 14A-18 of this ordinance Sec. 14A-10. - Permit application requirements and procedures (a) Unless specifically excluded by this chapter. any landowner or operator desiring a VSMP Authority permit for a land disturbing activity shall submit to the Isle of Wight County Stormwater Division a permit application on a form provided by the Isle of Wight County Stormwater Division. A person shall not conduct any land -disturbing activity until he has submitted a permit application to the VSMP Authority that includes a state VSMP permit registration statement, if such statement is required. (b) A VSMP Authority permit shall be issued by the Administrator or an authorized designee, when the following items have been submitted to and approved by the Administrator as prescribed herein: 1. The VSMP Authority Permit Application shall include evidence of state VSMP permit coverage,if such is required; 2. A Stormwater Pollution Prevention Plan (SWPPP) in accordance with 9VAC25-870-54 and 9VAC25-880-70: i, An approved erosion and sediment control plan in accordance with the Isle of Wight County Code of Ordinances. Chapter 6: Erosion and Sedimentation Control, and ii. An approved stormwater management plan or an executed agreement in lieu of a stormwater plan in accordance with Section 14A-13 of this Chapter_ iii. An approved pollution prevention plan in accordance with Section 14A-14 of this chapter_ iv_ Description of any additional control measures necessary to address a TMDL Stormwater Management Maintenance plan. The design and planning of all stormwater management facilities shalt include detailed maintenance procedures to ensure their continued function. This plan should be prepared in accordance with Section 14A-16 of this Chapter. Maintenance agreement. The owner must execute a maintenance easement and a maintenance agreement binding on all subsequent owners of land served by an on-site stormwater management facility in accordance with the specifications in Section 14A-16 of this chapter prior to issuance of any permits for land disturbing activities. 5, Other environmental permits. The applicant shall assure that all other applicable local, state, and federal environmental permits have been acquired for the site prior to State Permit and VSMP Authority permit issuance. 6. Engineering Services Agreement. The applicant/owner shall enter into an Engineering Services Agreement with Isle of Wight County in a form acceptable to the Program Administrator. 7. The fees required to be paid pursuant to Section 14A-11, are received, and a performance bond has been submitted pursuant to Section 14A-17 of this Chapter and in accordance with the Isle of Wight Code of Ordinances, Chapter 6: Erosion and Sedimentation Control, Article III, Section 6-14. 8. The permit application and attendant materials and supporting documentation demonstrate that all land clearing, construction, disturbance, land development and drainage are certified to be done according to the approved plan. 0. For detached single family homes within or outside of a common plan of development or sale a State VSMP permit registration statement is not required, however, such projects must adhere to the requirements of the General Permit (c) Applications for VSMP Authority permits shall be filed with the Isle of Wight County Stormwater Division by appointment during regular business hours. (d) After State Permit and VSMP Authority Permit coverage has been issued, the following conditions apply: 1. The applicant shall comply with all applicable requirements of the approved plan and this chapter and shall certify that all land clearing, construction, land development and drainage will be done according to the approved plan; 2. The land development project shall be conducted only within the area specified in the approved pian; 3. The Isle of Wight County Stormwater Division shall be allowed, after giving reasonable notice to the owner, occupier or operator of the land development project, to conduct periodic inspections of the project; 4. The person responsible for implementing the approved plan shall conduct monitoring and submit reports as the Isle of Wight County Stormwater Division may require to ensure compliance with the approved plan and to determine whether the plan provides effective stormwater management; 5. No changes may be made to an approved plan without review and written approval by the Isle of Wight County Stormwater Division; and, 6. A certified inspection of all aspects of the stormwater management facility, including surface as -built surveys, and geotechnical inspections during subsurface or backfilling and compaction activities shall be required. (e) No zoning, building or other local permit shall be issued prior to a State Permit being issued, if such is required. Sec. 14A-11. - Permit fees. (a) Pursuant to Code of Virginia, § 62.1-44.15:28 and 9VAC25-870-820_ Applicants shall submit to the Isle of Wight County Stormwater Division, a nonrefundable fifty percent (50%) of the total fee due with the submittal of the storm water management plan with the remainder due prior to issuance of the State Permit and/or the VSMP Authority Permit. (b) Pursuant to 9VAC25-870-825, Applicants shall submit to the Isle of Wight County Stormwater Division fees associated with the modification or transfer of the Construction General Permit. (c) Pursuant to 9VAC25-870-830, Applicants shall submit to the Isle of Wight County Stormwater Division yearly maintenance fees associated the Construction General Permit, (d) Pursuant to 9VAC25-870-770, Incomplete payments shall be deemed as non -payments, interest may be charged on late payments, and a 10% late payment fee shall be applied to delinquent accounts. (e) See the Isle of Wight County Uniform Fee Schedule for complete listing of fees that may apply_ Sec. 14A-12. - Stormwater pollution prevention plan required. (a) The Stormwater Pollution Prevention Plan (SWPPP) shall include the content specified by Section 9VAC25-870-54 and must also comply with the requirements and general information set forth in Section 9VAC25-880-70, Section II of the General Permit. (b) The SWPPP shall be amended by the operator whenever there is a change in design, construction. operation, or maintenance that has a change in the discharge of pollutants to state waters which is not addressed by the existing SWPPP. (c) The SWPPP must be maintained by the operator at a central location onsite. If an onsite location is unavailable, notice of the SWPPP's location must be posted near the main entrance at the construction site. Operators shall make the SWPPP available for public review in accordance with Section 11 of the General Permit, either electronically or in hard copy. Sec. 14A-13. - Stormwater management plan contents. (a) No zoning, building, land disturbing, , or VSMP Authority permit shall be issued prior to a final Stormwater management plan being approved, or a waiver thereof, by the Isle of Wight County Stormwater Division after determining that the plan or waiver is consistent with the requirements of this chapter. (b) Pursuant to 9VAC25-870-55.A, the stormwater management plan shall be developed in accordance with the following: 1. A stormwater management plan for a land disturbing activity shall apply the storm water management technical criteria set forth in this Chapter to the entire land disturbing activity. Individual lots in new residential, commercial, or industrial developments shall not be considered separate land -disturbing activities. 2. A storm water management plan shall consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff. (c) All stormwater management plans shall be appropriately sealed and signed by a professional in adherence to all minimum standards and requirements pertaining to the practice of that profession in accordance with Chapter 4 (g 54.1-400 el seq.) of Title 54.1 of the Code of Virginia and attendant regulations certifying that the plan meets all submittal requirements outlined in this chapter and is consistent with good engineering practice (d) Stormwater management plan contents shall include all of the information required in the plan checklist. This includes, but is not limited to the following: 1. Contact information. The name, address, and telephone number of all persons having a legal interest in the property and the tax reference number and parcel number of the property or properties affected. Contact information for Isle of Wight County Stormwater Division should also be provided. Z Topographic base map. A one inch = two hundred feet topographic base map of the site that extends a minimum of two hundred feet beyond the limits of the proposed development or the extents of the property, whichever is greater The map must indicate contour lines, existing surface water drainage including streams, ponds, culverts, ditches, floodplains, other water bodies and wetlands; current land use including all existing structures; locations of utilities, roads, and easements; and significant natural and m;rnmade features not othPrwisP ghnwn 3. The proposed features map must also include the limits of clearing and grading, and the proposed drainage patterns on the site, proposed buildings, roads, parking areas, utilities, and stormwater management facilities, and proposed land use with tabulation of the percentage of surface area to be adapted to variou ; uses, including but not limited to planned locations of utilities, roads, and easements. 4_ Sails information. Geotechnical properties for the hydrologic and structural properties of soils, shall be described in a soils report. The submitted report and an accompanying map shall include boring depth, sampling frequency and types and associated laboratory testing with results and conclusions and follow the criteria in the VSMH. Soil properties for infiltration facilities shall also conform to the guidance and speciflcation outlined in the VSMH. 5. A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to the commencement of the project and a description of the watershed and its relation to the project site_ This descript"on should include a discussion of soil conditions, forest cover, topography, wetlands, and other wi ive vegetative areas on the site. Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development. G. Stormwater Management Facility Location. Proposed stormwater management facilities must be located in conformance to the following siting criteria: A stormwater management facility must be a minimum of twenty (20) feet from the public right of way, property lines, easements, or any building. The setback for the stormwater management facility is measured as the distance from the highest continuous contour elevation inside the stormwater management facility to the ultimate right of way line or the nearest portion of any building. 7. Stormwater Management Facility Landscaping plan. The applicant must present a detailed landscaping plan describing the woody and herbaceous vegetative stabilization and management techniques to be used within and adjacent to the stormwater practice. The landscaping plan must also describe who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved. This plan must be prepared by a qualified individual familiar with the selection of emergent and upland vegetation appropriate for the selected BMP and approved by the Program Administrator - 8. Maintenance easements. The applicant must ensure unimpeded access to all stormwater treatment practices at the site for the purpose of inspection and repair by securing all the necessary maintenance easements needed on a permanent basis in accordance with Section 14A-15 of this Chapter and the Isle of Wight County Stormwater Program Policies and Procedures. 9. BMP Data Sheet for each stormwater management facilities, including: I. The type of facilities; u. Location including geographic coordinates.- 41. oordinates;iii. Contributing Drainage Area; iv. The surface waters into which the facility will discharge; v. The amount of impervious and pervious areas within the contributing drainage area of the starmwaler management facility; and vi. The number of pounds of phosphorus, nitrogen. and sediment to be removed by the stormwater management facility. 10, Calculations. Hydrologic and hydraulic design calculations for the pre -development and post - development conditions for the design storms as specified in the Technical Criteria Such calculations shall include but not limited to: L Description of the design storm frequency, intensity and duration; Ii. Time of concentration, iii. Soil curve numbers or runoff coefficients; iv. Sufficient data to indicate the post developed peak runoff rates and total runoff volumes for each watershed area do not exceed the pre -developed runoff rates and volumes; V. Infiltration rates, where applicable; vi. Culvert capacities, both existing and proposed; vii. Sufficient data to indicate flow velocities are non-erosive and meet channel protection requirements; viii. Data on the increase in rale and volume of runoff for the specified design storms; ix Documentation of sources for all computation methods and field test results; and x Description of all off-site drainage areas contributing to the runoff onto the site to be permitted. (e) If an operator intends to meet the requirements established in 9VAC25-870-63 or 9VAC25-870- 66 through the use of off-sile compliance options, where applicable, then a letter of availability from the off-site provider must be included with the submittal documents. Sec, 14A-14. — Pollution prevention plan contents. (a) Pollution Prevention Ilan, required by 9VAC25-870-56, shall be developed, implemented. and updated as necessary and must detail the design, installation, implementation, and maintenance of effective pollution prevention measures to minimize the discharge of pollutants. At a minimum, such measures must be designed, installed, implemented, and maintained to: 1- Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters. Wash waters must be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge; 1- Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials present on the site to precipitation and to stormwater; and 2_ Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures. (b) The pollution prevention plan shall include effective best management practices to prohibit the following discharges - 1. Wastewater from washout of concrete, unless managed by an appropriate control; 1. Wastewater from washout and cleanout or stucco, paint, form release oils, curing compounds, and other construction materials; 2. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance,- and aintenance;and 3. Soaps or solvents used in vehicle and equipment washing. (c) Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited unless managed by appropriate controls. Sec. 14A-15 — Review of stormwater management plan. (a) The Administrator, or any duly authorized agent, shall review stormwater management plans and shall approve or disapprove a stormwater management plan according to the following: 1. The Administrator shall determine the completeness of a plan in accordance with Section 14A-12 of this Chapter, and shall notify the applicant, in writing of such determination, within 15 calendar days of receipt, If the plan is deemed to be incomplete, the above written notification shall contain the reasons the plan is deemed incomplete. 2. The Administrator shall have an additional 30 calendar days from the date of the communication of completeness to review the plan, except that if a determination of completeness is not made within the time prescribed in subdivision (1), then plan shall be deemed complete and the Administrator shall have 45 calendar days from the date of submission to review the plan. 3, The Administrator shall review any plan that has been previously disapproved, within 45 calendar days of the date of resubmission. 4. During the review period, the plan shall be approved or disapproved and the decision communicated in writing to the person responsible for the land -disturbing activity or his designated agent. If the plan is not approved, the reasons for not approving the plan shall be provided in writing. Approval or denial shall be based on the plan's compliance with the requirements of this Chapter. 5. If a plan meeting all requirements of this Chapter is submitted and no action is taken within the time provided above in subdivision (2) for review, the plan shall be deemed approved. (b) Approved stormwater p°ans may be modified as follows: 1. Modifications to an approved stormwater management plan shall be allowed only after review and written approval by the Administrator or an authorized designee. The Administrator shall have 60 calendar days to respond in writing either approving or disapproving such modified plan. 2. The Administrator may require that an approved stormwater management plan be amended. within a time prescribed by the Administrator, to address any deficiencies noted during inspection. (c) A construction record drawing for permanent stormwater management facilities shall be submitted to the Program Administrator, The construction record drawing shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia, certifying that the stormwater management facilities have been constructed in accordance with the approved plan Sec. 14A-16. - Stormwater management facility maintenance agreements. (a) For any plan that has a stormwater management facility, the owner of the site shall execute a maintenance agreement to include Declaration of Covenants, maintenance plan, and easement(s) that shall be binding on all subsequent owners of land served by the stormwater management facility prior to County permit issuance. (b) The maintenance agreement shall provide for access, in accordance with the Isle of Wight County Stormwater Program Policies and Procedures, to the stormwater management facility at reasonable times for periodic inspection by the Isle of Wight County Stormwater Division, agent or assigns, and for regular or special assessments of properly owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The maintenance agreement shall be recorded by the applicant in the land records of the circuit court clerk's office of Isle of Wight County and the applicant shall be responsible for providing the Isle of Wight County Stormwater Division with a copy of such recorded agreement. (c) Maintenance Agreements shall include: 1. Maintenance easement(s): The applicant must ensure unimpeded access to all stormwater treatment practices at the site for the purpose of inspection and repair by securing all the necessary maintenance easements needed on a permanent basis. These easements shall be of sufficient size to allow access for equipment and acceptable to the Program Administrator and will be recorded with the maintenance plan and maintenance agreement and will remain in effect even with transfer of title to the property. No maintenance easement will be dedicated to the County without the expressed written approval of the County Attorney and the Program Administrator. 2. Stormwater Management Maintenance Plan: I. These plans shall identify the parts or components of a stormwater management facility that need to be maintained, the equipment, skills, and/or training necessary to provide the proper maintenance, the anticipated costs, frequency of maintenance, and maintenance checklist. Provisions for the periodic review and evaluation of the effectiveness of the maintenance program and the need for revisions or additional maintenance procedures shall be included in the plan. ii. Maintenance checklist Iii. Estimate of maintenance costs 3. Declaration of Covenants - i. Maintenance of all stormwater management facilities shall be verified through the creation of a formal maintenance covenant that must be approved by the Isle of Wight County Stormwater Division and recorded into the land records of Isle of Wight County prior to final plan approval. The covenant shall identify by name or official title the person(s) responsible for carrying out the maintenance_ Responsibility for the operation and maintenance of stormwater management facilities, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor or owner. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each property owner, governmental agency, or other legally established entity to be permanently responsible for maintenance. As part of the covenant, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the stormwater management facility_ The covenant shall also include plans for annual inspections to ensure proper performance of the facility between scheduled maintenance and should also include "failure to maintain" provisions. it. When any new stormwater management facility is installed on private property, or when any new connection is made between private property and a public drainage control system, the property owner shall grant_ after given notice and the opportunity to accompany the inspection, to the Isle of Wight County Stormwater Division, and assigns, the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This provision includes the right to enter a property when it has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter. (d) In the event Mat maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the Isle of Wight County Stormwater Division reserves the authority to perform the work and to recover the costs from the owner. (e) The Isle of Wight County Stormwater Division, in lieu of a maintenance covenant. may accept dedication of any existing or future stormwater management facility for maintenance_ provided such facility meets all the requirements of this section and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. Sec. 14A-17. - Performance and Surety bonds. (a) The Isle of Wight County Stormwater Division shalt require the submittal of a performance security or bond with surety, cash escrow, letter of credit or such other acceptable legal arrangement prior to issuance of any County permit in order to ensure that the stormwater practices are installed by the permit holder as required by the approved stormwater management plan. Irrespective of the form of such performance security, such performance security shall contain the following: 1. The amount shall be the total estimated construction and installation cost of the stormwater management facilities, as indicated on the approved storm water management plan_ plus twenty-five percent. 2. The performance security shall contain forfeiture provisions for failure, after proper noticer to complete work within the time specified, or to initiate or maintain appropriate actions which may be required of the applicant in accordance with the approved stormwater management plan. 3. 1f the Isle of Wight County Stormwater Division takes such action upon such failure by the applicant, the Isle of Wight County Stormwater Division 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, 4. Within sixty days of the completion of the requirements of the approved stormwater management plan in the form of certified, as -built report and survey, such bond, cash escrow, letter of credit or other legal arrangement, except for the landscaping survivability, shall be refunded to the applicant or terminated. 5. The landscaping portion of the stormwater management plan shall be inspected one year after installation with replacement in accordance with the final plans and specifications prior to Final release, 6. These requirements are in addition to all other provisions of the Isle of Wight County Code of Ordinances relating to the issuance of such plans and are not intended to otherwise affect the requirements for such plans. Article IV. - Exceptions to Stormwater Management Requirements. Sec. 14A-18. - Exceptions for providing stormwater management. (a) The VSMP Authority may grant exceptions to the provisions of Part 11 B or Part It C of the VSMP regulations_ An exception may be granted provided that: 1, the exception is the minimum necessary to afford relief, 2, reasonable and appropriate conditions shall be imposed as necessary Lipon any exception granted so that the intent of the Act and this chapter are preserved, 3. granting the exception will not confer any special privileges that are denied in other similar circumstances, and 4_ exception requests are not based upon conditions or circumstances that are self-imposed or self-created. (b) Economic hardship alone is not sufficient reason to grant an exception from thu requirements of this chapter. (c) Under no circumstance shall the VSMP authority grant an exception to the requirement that the land -disturbing activity obtain required state permits, nor approve the use of a BMP not found on the Virginia Stormwater BMP Clearinghouse Website, except where allowed under Part It C (9VAC25-870-93 et seq.) of the VSMP regulation. (d) Exceptions to requirements for phosphorus reductions shall not be allowed unless offsite options available through 9VAC25-870-69 have been considered and found not available (e) A record of all exceptions granted shall be maintained by the VSMP authority in accordance with 9VAC25-870-126 Article V. — Stormwater Management Criteria Sec. 14A-19. - Generall�r. Sec. 14A -20 -2t1 -_Structural stormwater management practices. Sec. 14A -21 -Water Wali� Sec. 14A-22. - Stream channel erosion Sec. 14A-23. - Flooding. Sec 14A-24. - Re Tonal stormwater management plans Sec. 14A-19. - Generally. (a) To protect the quality and quantity of state water from the potential harm of unmanaged stormwater runoff resulting from land -disturbing activities, Isle of Wight County hereby adopts the technical criteria for regulated land -disturbing activities set forth in Part II 6 of the Regulations, as amended, expressly to include: 9VAC25-870-63 Water quality design criteria requirements; 9VAC25-870-65 Water quality compliance; 9VAC25-970-66 Water quantity; 9VAC25-870-69 Offsite compliance options; 9VAC25-870-72 Design storms and hydrologic methods; 9VAC25- 870-74 Stormwater harvesting; 9VAC25-870-76 Linear development project; 9VAC25-870-85 Stormwater management impoundment structures or facilities; which shall apply to all land - disturbing activities regulated pursuant to this Chapter. except as expressly set forth in Subsection (b) of this Section, (b) Any land disturbing activity shall be considered grandfathered by the VSMP Authority and shall be subject to the Part II C technical criteria (9VAC25-870-93 thru 9VAC25-870-99) of the VSMP Regulation provided: 1. A proffered or conditional zoning plan, zoning with a plan of development_ preliminary or final subdivision plat, preliminary or final site plan, or any document determined by the locality to be equivalent thereto (i) was approved by the locality prior to July 1, 2012_ (ii) provided a layout as defined in 9VAC25-870-10, (iii) will comply with the Part 11 C technical criteria of the VSMP Regulation, and (iv) has not been subsequently modified or amended in a manner resulting in an increase in the amount of phosphorus leaving each point of discharge, and such that there is no increase in the volume or rale of runoff; 2. A State Permit has not been issued prior to July 1, 2014; and 3. Land disturbance did not commence prior to July 1, 2014. (c) Locality, state and federal projects shall be considered grandfathered by the VSMP Authority and shall be subject to the Part 11 C technical criteria of the VSMP Regulation provided_ 1 _ There has been an obligation of locality, stale or federal funding, in whole or in part, prior to July 1, 2012, or the department has approved a stormwater management plan prior to July 1. 2012; 2, A State Permit has not been issued prior to July 1, 2014; and 3. Land disturbance did not commence prior to July 1, 2014. (d) Land disturbing activities grandfathered under subsections A and B of this section shall remain subject to the Part 11 C technical criteria of the VSMP Regulation for one additional State Permit cycle, After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the Board. (e) In cases where governmental bonding or public. debt financing has been issued for a project prior to July 1, 2012, such project shalt be subject tri the technical criteria of Part 11 C. (f) Nothing in this section shall preclude an operator from constructing to a more stringent standard at his discretion. (g) The following technical criteria shall be applied on all applicable land development and land conversion activities: 1, Determination of flooding and channel erosion impacts to receiving streams due to land development projects shall be measured at each point of discharge from the development project and such determination shall include any runoff from the balance of the watershed which also contributes to that point of discharge. 2. The specified design storms shall be defined as either a twenty -four-hour storm using the rainfall distribution recommended by the U.S. Soil Conservation Service when using U.S. Sol" Conservation Service methods or as the storm of critical duration that produces the greatest required storage volume at the site when using a design method such as the modified rational method_ 3. For purposes of computing runoff, all pervious lands in the site shall be assumed prior to development to be in good condition (if the lands are pastures, lawns, or parks), with good cover (if the lands are woods), or with conservation treatment (if the lands are cultivated); regardless of conditions existing at the time of computation. 4. Construction of stormwater management facilities or modifications to channels shall comply with all applicable laws and regulations, Evidence of approval of all necessary permits, such as U.S. Army Corps of Engineers and VA. DEO Wetland Permits. VA. DEO VSMP Construction General Permit, etc., shall be presented. 5. Impounding structures that are not covered by the impounding structure regulations (4 VAC 50-20-10 et seq.) shall be engineered for structural integrity during the one hundred -year storm event. 6. Pre -development and post -development runoff rates shall be verified by calculations that are consistent with good engineering practices, 7. Outflows from a stormwater management facility shall be discharged to an adequate channel, and velocity dissipaters shall be placed at the outfall of all stormwater management facilities and along the length of any outfall channel as necessary to provide a non-erosive velocity of flow from the basin to a channel. 8, Proposed residential, commercial, or industrial subdivisions shall apply these stormwater management criteria to the land development as a whole. Individual lots in new subdivisions shall not be considered separate land development projects, but rather the entire subdivision shall be considered a single land development project. Hydrologic parameters shall reflect the ultimate land development and shall be used in all engineering calculations. 9. Construction of stormwater management impoundment structures within a Federal Emergency Management Agency (FEMA) designated one hundred -year floodplain shall be avoided to the extent possible. When this is unavoidable, all stormwater management facility construction shall be in compliance with all applicable regulations under the National Flood Insurance Program, 44 CFR Part 59, 10. Natural channel characteristics shall be preserved to the maximum extent practicable. 11. Land development projects shall comply with the Virginia Erosion and Sediment Control Law and attendant regulations, as well as this chapter. 12. Nonstructural stormwater practices designed to reduce the volume of stormwater runoff are encouraged to reduce the amount of stormwater runoff that must be managed. This will help to minimize the reliance on structural practices which require ongoing maintenance in order to be effective. 13. Improvements to existing stormwater facilities to include storm sowers, open channels and ditches will be necessary if they are determined to cause flooding and or erosion under pre - developed conditions Sec. 14A-24. - Structural stormwater management practices. (a) Minimum control requirements. 1. All stormwater management facilities shall be designed in accordance with the current Virginia Stormwater Management Handbook and incorporated references, unless the Isle of Wight County Stormwater Division grants the applicant a waiver or Ilie applicant is exempt from such requirements - 2 If hydrologic or topographic conditions warrant greater control than that provided by the minimum control requirements, the Isle of Wight County Stormwater Division reserves the right to require any and all additional requirements deemed necessary to protect downstream properties and aquatic resources from damage due to excess volume, frequency, and rale of stormwater runoff. (b) Site design feasibility, 1. Stormwater management practices for a site shall be chosen based on the physical conditions of the site. The factors that should be considered are. but are not limited to: i. Topography, ii Maximum drainage area. iii Depth to seasonal high water table iv. Soils. V. Slopes. vi. Terrain. vii. Hydraulic head. viii. Location in relation to environmentally sensitive features or ultra -urban areas, Applicants shall consult the Virginia Stormwater Management Handbook for guidance on the factors that determine site design feasibility when selecting a stormwater management facility. (c) Conveyance issues, All stormwater management facilities shall be designed to convey stormwater to allow for the maximum removal of polfutants and reduction in flow velocities. This shall include, but not be limited to, maximizing of flowpalhs from inflow points to outflow points; the protection of inlet and outfall structures; the elimination of erosive flow velocities; and providing of underdrain systems, where applicable_ The Virginia Stormwater Management Handbook provides detailed guidance on the requirements for conveyance for each of the approved stormwater management practices. (d) Pretreatment requirements. All stormwater management facilities shall have an acceptable form of water quality pretreatment, in accordance with the pretreatment requirements found in the current Virginia Stormwater Management Handbook. Stormwater infiltration practices, or practices having an infiltration component, as specified in the Virginia Stormwater Management Handbook, are prohibited, even with pretreatment, in the following circumstances, 1. Where stormwater is generated from highly contaminated source areas known as "hotspots", 2_ Where stormwater is carried in a conveyance system that also carries contaminated nonstormwater discharges; 3. Where stormwater is being managed in a designated groundwater recharge area; and 4. Under certain geologic conditions (e.g., karst) that prohibit the proper pretreatment of stormwater. (e) Treatment/geometry conditions All stormwater management facilities shall be designed to capture and treat stormwater runoff according to the specifications outlined in the Virginia Stormwater Management Handbook. These specifications will designate the water quality treatment and water quantity criteria that apply to an approved stormwater management practice. Sec. 14A-21. - Water quality. (a) The following criteria shall be addressed for stormwater management al all sites: 1. All stormwater runoff generated from land development and land use conversion activities shall not discharge untreated stormwater runoff directly into a jurisdictional wetland or local water body without adequate treatment. Where such discharges are proposed, the impact of the proposal on wetland functions shall be assessed using a method acceptable to the Isle of Wight County Stormwater Division. In no case shall the impact on functions be any less than allowed by the Army Corps of Engineers (ACOE) or the Department of Environmental Quality. 2_ Annual groundwater recharge rates shall be maintained, by promoting infiltration through the use of structural and nonstructural methods. At a minimum, annual recharge from the post development site shall mimic the annual recharge from pre -development site conditions. 3. Land development projects shall comply with the water quality criteria in oc::orda[ice with 9VAC25-870-63. 4. Stormwater discharges to critical areas with sensitive resources (i -e., cold water fisheries, shellfish beds, swimming beaches, recharge areas, water supply reservoirs) may be subject to additional criteria, or may need to utilize or restrict certain stormwater management practices at the discretion of the Isle of Wight County Stormwater Division. 5_ Industrial sites which are listed under titre Standard Industrial Code are required to prepare and implement a stormwater pollution prevention plan, and shall file a Notice of Intent (NO[) under the provisions of the National Pollutant Discharge Elimination System (NPDES) General Permit. 6. Stormwater discharges from land uses or activities with higher potential pollutant loadings_ known as "hotspots": may require the use of specific structural BMPs and pollution prevention practices. 7_ Prior to design, applicants are required to consult with the Isle of Wight County Stormwater Division to determine if they are subject to additional slormwater design requirements. Sec. 14A-22. - Stream channel erosion. (a) To protect stream channels from degradation, specific channel protection criteria shall be provided as prescribed in the Virginia Stormwater Management Handbook, the BMP Clearinghouse, and the Virginia Erosion and Sediment Control Handbook. (b) Properties and receiving waterways downstream of any land development project shall be protected from erosion and damage due to excessive volume, velocity and frequency of peak flow rate of stormwater runoff in accordance with the minimum design standards set out in this Chapter_ (c) The Isle of Wight County Stormwater Division shall require compliance with subdivision 19 of 9 VAC25-840-40 of the Erosion and Sediment Control Regulations, promulgated pursuant to Article 2.4 (§ 62.1-44.15.51 et seq_) of Chapter 3.1 of Title 62.1 of the Code of Virginia, (d) The Isle of Wight County Stormwater Division may determine that some watersheds or receiving stream systems require enhanced criteria in order to address the increased frequency of bankfull flow conditions brought on by land development projects. Therefore, in lieu of the reduction of the post-deve;oped peak rale of runoff as required in subsection (b) of this section, the land development project being considered shall provide twenty -four-hour extended detention of the runoff generated by the one-year, twenty -four-hour duration storm. Sec. 14A-23. - Flooding. (a) The calculations for determining peak flows pis found in the latest edition of the Virginia Stormwater Management Handbook shall be used for sizing all stormwater management practices_ (b) Downstream properties and waterways shall bu protected from damages from localized flooding due to excessive volume, velocity and peak flow rate of stormwater runoff in accordance with the minimum design standards set out in this section - (c) The two-year and ten-year post -developed peak rate of runoff from the development site shall not exceed the two-year and ten-ycar pre -developed peak rate of runoff. (d) Underground utility linear development projects shall not be required to control post -developed stormwater runoff for flooding, except in accordance with a watershed or regional stormwater management plan. Sec. 14A-24. - Regional stormwater management plans. (a) Applicants are directed to communicate with kde of Wight County Stormwater Division prior to submitting an application for a stormwater management plan approval in accordance with Article III of this chapter to determine if a regional stormwater management plan has been developed for the applicable watershed. If such a plan is in existence, the applicant must provide stormwater management water quality treatment on-site in accordance with file provisions of the regional plan, and other management provisions as specified by the Isle of Wight County Stormwater Division. (b) Regional stormwater management plans (common plans of development) for residential, commercial or industrial subdivisions which are approved and which govern the development of individual parcels within that plan_ shall remain approved throughout the development life even of ownership changes. Article VI. - Construction Inspection. Sec. 14A-25. - Generally. Sec. 14A-26 - Notice of construction commencement. Sec. 14A-27.- Record Drawingsias-built plans and certified inspection of stormwater management facilities. Sec. 14A-25. - Generally. (a) The Administrator or any duly authorized agent shall inspect the land -disturbing activity during construction for: 1. Compliance with the approved erosion and sediment control plan; 2. Compliance with the approved storm water management plan; 3_ Development, updatingr and implementation of a pollution prevention plan; and 4. Development and implementation of any additional control measures necessary to address a TMDL (b) The Administrator or any duly authorized agent may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private_ for the purpose of obtaining information or conducting surveys. inspections or investigations necessary in the enforcement of the provisions of this Chapter. Stormwater management construction inspections shall utilize the final approved plans and specifications for compliance_ In addition, the inspections shall comply with latest version of the erosion and sediment control regulations. promulgated pursuant to Article 2.4 (§ 62.1-44.15,58) of Chapter 3 1 of Title 62.1 of the Code of Virginia. Sec. 14A-26. - Notice of construction commencement. (a) The applicant must notify the Isle of Wight County Stormwater Division in advance before the commencement of construction. In addition, the applicant must notify the Isle of Wight County Slormwater Division in advance of construction of critical components of the storm water management facility. Periodic inspections of the stormwater management facility construction shall be conducted by the staff of the Isle of Wight County Stormwater Division or their designee. All inspections shalt be documented and written reports prepared that contain the following information: 1. The date and location of the inspection; 2. Whether construction is in compliance with the approved stormwater management pian; 3. Variations from the approved construction specifications; 4. Any violations that exist; (b) If any violations are found, the property owner shall be notified in writing of the nature of the violation and the required corrective actions. No additional work shall proceed until any violations are corrected and all work previously completed has received approval by the Isle of Wight County Stormwater Division. In addition, the person responsible for carrying out the plan may be required to provide copies of self -inspection monitoring and reports to ensure compliance with the approved plan and to determine whether the measures required in the plan provide effective stormwater management. (c) If the Isle of Wight County Stormwater Division determines that there is a failure to comply with the plan, notice shall be served upon the Permittee or person responsible for carrying out the plan in accordance with Article VIII of this chapter. Sec. 14A-27. -- Record drawings/as-built plans and certified inspection of stormwater management facilities. All applicants are required to submit either record drawings or actual "as -built' plans for all permanent stormwater management facility after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer. A final inspection by the Isle of Wight County Stormwater Division is required before the release of any performance securities can occur. A certified inspection of all aspects of the BMP construction is required, including surface as -built surveys, and geotechnical inspections during subsurface or backfilling, riser and principal spillway installations biorelention soil placement and compaction activities. Article VII. -- Maintenance, Inspection, and Repair of Stormwater Facilities. Sec. 14A-28. - Generale Sec. 14A-29. - Records of maintenance and repair activities. Sec 14A-30_ — Illicit discharges — Prohibited_ Sec_ 14A-31. — Permitted Discharges. Sec. 14A-28. - Generally. (a) All stormwater management facilities with recorded maintenance agreements under this Chapter must undergo inspections to document maintenance and repair needs and ensure compliance with the requirements of this Chapter and accomplishment of its ourooses. These needs may include; removal of silt, litter and other debris from all catch basins, inlets and drainage pipes, grass cutting and vegetation removal, and necessary replacement of landscape vegetation and any repair or replacement of structural features. (b) Those facilities within the MS4 area shall be inspected at least once every year by the Isle of Wight County Stormwater Division. Those facilities outside the MS4 area shall be inspected at least once every five (5) years by the Isle of Wight County Stormwater Division. In the event that the stormwater management facility has not been maintained and/or becomes a danger to public safety or public health, the Isle of Wight County Stormwater Division shall notify the person responsible for carrying out the maintenance plata by registered or certified mail to the address specified in the maintenance covenant. The notice shall specify the measures needed to comply with the plan and shalt specify the time within which such measures shall be completed. If the responsible party fails or refuses to meet the requirements of the maintenance covenant, the Isle of Wight County Stormwater Division, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition, and recover the costs from the owner. (c) For single-family residential stormwater management facilities with an executed maintenance agreement, the property owner shall self-report the status of their facility on an annual basis, in I,eu of an inspection by Isle of Wight County Stormwater Division. Sec. 14A-29. - Records of maintenance and repair activities_ in accordance with § 62.1-44.15.40 of the Code of Virginia, parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation and of all maintenance and repairs. and shall retain the records for at least five years. These records shall be made available to the We of Wight County Stormwater Division during inspection of the facility and at other reasonable times upon request. Sec. 14A-30; - Illicit discharges --Prohibited. (a) It shall be a violation of this chapter to' 1. Discharge, or cause or allow to be discharged, sewage, industrial wastes or other wastes into the storm sewer system, or any component thereof, or onto driveways, sidewalks, parking tots or other areas draining to the storm sewer system; or 2. Connect, or cause or allow to be connected, any sanitary sewer to the storm sewer system, including any sanitary sewer connection to the storm sewer system as of the date of the adoption of this chapter. 3_ Throwr place or deposit or cause to be thrown, placed or deposited into the storm sewer system anything that impedes or interferes with the free flow of stormwater therein. Sec. 14A-31. - Permitted Discharges. (a) The following activities shall not be considered an illicit discharge and shall not be considered in violation of this chapter. 1. Water line flushing; 2. Landscape irrigation; 3. Diverting stream flows or rising groundwater. 4. Infiltration of uncontaminated groundwater; 5. Public safety activities, including but not limited for law enforcement and fire suppression.- 6. uppression; 6. Well -point dewatering or pumping of uncontaminated groundwater from potable water sources, foundation drains, irrigation waters, springs, or water from crawl spaces or footing drains; 7, Air conditioning condensation; 8. Watering and maintenance with landscaping chemicals in accordance with manufacturer's recommendations.- 9. ecommendations; 9. Individual residential car washing; 10. Flows from riparian habitats or wetlands; 11. Swimming pool discharges that have been dechlorinated or desalinated and are free of other disinfecting agents; 12. Street washing; 13. Any activity authorized by a valid Virginia Pollutant Discharge Elimination System (VPDES) permit or Virginia Pollution Abatement (VPA) permit; or 14. Any other water source not containing sewage, sediment, industrial wastes or other pollutants. (b) In the event any of the activities listed in subsection (a) above are found to cause sewage, industrial wastes or other pollutants to be discharged into the storm sewer system, the program administrator shall notify the person performing such activities, and shall order that such activities be stopped or conducted in such a manner as to avoid the discharge of sewage, industrial wastes or other wastes into the storm sewer system. The failure to comply with such an order shall constitute a violation of the provisions of this chapter. Article Vill. - Enforcement and Penalties. Sec. 14A-32- - Violations. Sec. 14A-33. - Notice of violation. Sec. 14A-34. - Ston work orders Sec 14A-35. --Administrative appeal and iudicial.review- Sec_ 14A-36. - Civil and criminal penalties. Sec. 14A-37_ - Restoration of lands, Sec. 14A-38. - Holds on occupationpermits. Sec. 14A-39. -Monitoring and reportinn Sec, 14A-32_ - Violations. Any development activity that is commenced or is conducted contrary to this chapter or the approved plans and permit, may be subject to the enforcement actions outlined in this section and the Virginia Stormwater Management Act Sec. 14A-33. - Notice of violation. When the Isle of Wight County Stormwater Division determines that an activity is not being carried out in accordance with the requirements of this chapter, it shall issue a written notice of violation delivered by registered or certified mail to the applicant. The notice of violation shall contain: (a) The name and address of the applicant, (b) The address when available or a description of the building. structure or land upon which the violation is occurring; (c) A statement specifying the nature of the violation; (d) A description of the remedial measures necessary to bring the development activity into compliance with this chapter and a time schedule for the completion of such remedial action: (e) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; (f) A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within thirty days of service of notice of violation. Sec. 14A-34. - Stop work orders. (a) If the Administrator determines that there is a failure to comply with the VSMP Authority Permit conditions or determines there is an unauthorized discharge, notice shall be served upon the Permittee or person responsible for carrying out the permit conditions by any of the following: verbal warnings and inspection reports, notices of corrective action, consent spe-cial orders. and notices to comply. Written notices shall be served by registered or certified mail, or by delivery at the site of the development activities to the agent or employee supervising such activities. 1. The notice shall specify the measures needed to comply with the permit conditions and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, a stop work order may be issued in accordance with Subsection (b) or the permit may be revoked by the Administrator. 2. If a Permittee fails to comply with a notice issued in accordance with this Section within the time specified, the Administrator may issue an order requiring the owner, Permittee, person responsible for carrying out an approved plan, or the person conducting the land -disturbing activities without an approved plan or required permit to cease all land -disturbing activities until the violation of the permit has ceased, or an approved plan and required permits are obtained, and specified corrective measures have been completed 3. Such orders shall be issued in accordance with the Isle of Wight County Stormwater Program Policies and Procedures. Such orders shall become effective upon service on the person by certified mail, return receipt requested, sent to his address specified in the land records of the locality, or by personal delivery by an agent of the Administrator_ However, if the Administrator finds that any such violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth or otherwise substantially impacting water quality, it may issue, without advance notice or hearing, an emergency order directing such person to cease immediately all land -disturbing activities on the site and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof, to such person, to affirm, modify, amend, or cancel such emergency order_ If a person who has been issued an order is not complying with the terms thereof, the Administrator may institute a proceeding for an injunction, mandamus, or other appropriate remedy in accordance with Subsection 35(c), (b) In addition to any other remedy provided by this Chapter, if the Administrator or his designee determines that there is a failure to comply with the provisions of this Chapter, they may initiate such informal and/or formal administrative enforcement procedures in a manner that is consistent with the Isle of Wight County Stormwater Program Policies and Procedures. (c) Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance, order, approved standard or specification, or any permit condition issued by the Administrator may be compelled in a proceeding instituted in the Circuit Court of Isle of Wight County by the Locality to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. Sec. 14A-35. — Administrative appeal and judicial review. (a) Final decisions of the Administrator under this chapter shall be subject to review by the County Board of Supervisors; provided, that an appeal is filed within thirty days from the date of any written decision by the Administrator - (b) Final decisions of the Board of Supervisors under this chapter shall be subject to review by the Circuit Court of Isle of Wight County; provide that an appeal is filed within thirty days from the date of the final written decision of the Board of Supervisors. Sec. 14A-36. -- Hearings. (a) Any permit applicant or permittee, or person subject to Ordinance requirements, aggrieved by any action of the VSMP Authority taken without a formal hearing, or by inaction of the VSMP Authority, may demand in writing a formal hearing by the County Board of Supervisors causing such grievance, provided a petition requesting such hearing is filed with the Administrator within 30 days after notice of such action is given by the Administrator. (b) The hearings held under this Section shall be conducted by the County Board of Supervisors at a regular or special meeting of the County Board of Supervisors, or by at least one member of the Board of Supervisors designated by the Administrator to conduct such hearings on behalf of the County Board of Supervisors at any other time and place authorized by the Administrator. (c) A verbatim record of the proceedings of such hearings shall be taken and filed with the County Board of Supervisors. Depositions may be taken and read as in actions at law (d) The County Board of Supervisors or its designated member, as the case may be, shall have power to issue subpoenas and subpoenas duces tecum, and at the request of any party shall issue such subpoenas. The failure of a witness without legal excuse to appear or to testify or to produce documents shall be acted upon by the local governing body, or its designated member, whose action may include the procurement of an order of enforcement from the circuit court. Witnesses who are subpoenaed shall receive the same fees and reimbursement for mileage as in civil actions. Sec. 14A-37. - Civil and criminal penalties. (a) Any person who violates any provision of this Chapter, except as set forth in subsection (b) below, shWI be guilty of a Class 1 misdemeanor and shall be subject to a tine not exceeding two thousand dollars or up to thirty days imprisonment for each violation or both per day the violation persists. In addition, the Isle of Wight County Stormwater Division may pursue the following actions, 1. The Isle of Wight County Stormwater Division may apply to the circuit court to enjoin a violation or a threatened violation of the provisions of th,'s chapter without the necessity of showing that an adequate remedy at law does not exist. 2. Without limiting the remedies which may be obtained in this section, the Isle of Wight County Stormwater Division may bring a civil action against any person for violation of this chapter or any condition of a permit. The action may seek the imposition of a civil penalty of not more than two thousand dollars against the person for each violation per day the violat,on persists - 3. With the consent of any person who has violated or failed, neglected or refused to obey this chapter or any condition of a permit, the Isle of Wight County Stormwater Division may provide, in an order issued by the Isle of Wight County Stormwater Division against such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subsection (a)(2) of this section. Such civil charges shall be instead of any appropriate criminal penalty which could be imposed under subsection (a)(1). (b) Violations of Article VIII of this chapter shall result in the following penalties, 1. A willful violation shall constitute a Class 1 misdemeanor. Each day that a violation persists or is permitted to remain shall constitute a separate offense. 2_ Any person who, intentionally or otherwise, commits any of the acts prohibited by Article VIII of this chapter shall be liable to the county for all costs of monitoring, containment, cleanup, abatement, removal and disposal of any substance unlawfully discharged into the storm sewer system. 3. Any person who, intentionally or otherwise, commits any of the acts prohibited by Article VIII of this chapter shall be subject to a civil penalty in an amount not to exceed one thousand dollars for each day that a violation of this chapter continues. The court assessing such penalties may, at its discretion. order such penalties be paid into the treasury of the County for the purpose of abating, preventing, monitoring, or mitigating environmental pollution_ 4. The County may bring legal action to enjoin a continuing violation and the existence of any other remedy, at law or in equity, shall be no defense to any such action, 5. The remedies set forth in this subsection (b) shall be cumulative_ not exclusive; and it shall not be a defense to any action. civil or criminal, that one or more remedies set forth herein has been sought or granted. 6. Any person who violates any provision of this Chapter or who fails, neglects, or refuses to comply with any order of the Administrator, shall be subject to a civil penalty not to exceed $32,500 for each violation within the discretion of the court Each day of violation of each requirement shall constitute a separate offense. a. Violations for which a penally may be imposed under this Subsection shall include but not be limited to the following - (i) No state permit registration; (ii) No SWPPP; (iii) Incomplete SWPPP; (iv) SWPPP not available for review; (v) No approved erosion and sediment control plan; (vi) Faiture to install stormwater BMPs or erosion and sediment controls; (vii) Stormwater BMPs or erosion and sediment controls improperly installed or maintained; (viii) Operational deficiencies; (ix) Failure to conduct required inspections; (x) Incomplete, improper, or missed inspections; and (xi) Discharges not in compliance with the requirements of Section 9VAC25- 880-70 of the General Permit. b. The Administrator may issue a summons for collection of the civil penalty and the action may be prosecuted in the appropriate court. c. In imposing a civil penalty pursuant to this Subsection, the court may consider the degree of harm caused by the violation and also the economic benefit to the violator from noncompliance. d. Any civil penalties assessed by a court as a result of a summons issued by the Locality shall be paid into the treasury of Isle of Wight County to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the locality Isle of Wight County and abating environmental pollution therein in such manner as the court may, by order, direct. (c) Notwithstanding any other civil or equitable remedy provided by this Section or by law, any person who willfully or negligently violates any provision of this Ordinance Chapter. any order of the Administrator, any condition of a permit, or any order of a court shall be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months or a tine of not less than $2,500 nor more than 332,500, or both. Sec. 14A-38. - Restoration of lands. Any violator may be required to restore land to Its undisturbed condition or in accordance with a notice of violation, stop work order, or permit requirements, In the event that restoration is not undertaken within a reasonable time after notice, the Isle of Wight County Stormwater Division may take necessary corrective action, the cost of which shall be covered by the performance bond, or become a lien upon the property until paid, or both_ Sec. 14A-39. - Folds on occupation permits. Occupation permits shall not be granted until corrections to all stormwater practices have been made in accordance with the approved plans, notice of violation, stop work order, or permit requirements, and accepted by the Isle of Wight County Stormwater Division. Sec. 14A-40. - Monitoring and reporting. (a) The Administrator, or authorized designee, shall have authority to make such lawful inspections and conduct monitoring of stormwater outfalls or other components of the storm sewer system as may be necessary or appropriate in the administration and enforcement of this Chapter. (b) The Administrator, or authorized designee shall inspect the land -disturbing activity during construction for 1. Compliance with the approved erosion and sediment control plan; 2. Compliance with the approved stormwater management plan; 3. Development, updating, and implementation of a pollution prevention plan: and 4. Development and implementation of any additional control measures necessary to address a TMDL (c) The Administrator or authorized designee may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys, inspections or investigations necessary in the enforcement of the provisions of this Chapter. (d) The Administrator may require every VSMP authority permit applicant or permittee, or any such person subject to VSMP authority permit requirements under this Chapter, to furnish when requested such application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of his discharge on the quality of stale waters, or such other information as may be necessary to accomplish the purposes of this Ordinance. (e) The VSMP authority permit applicant or permittee, or any such person subject to VSMP authority permit requirements under this Chapter responsible for implementing the plan will maintain records of all inspections and maintenance, to ensure compliance with the approved plan and to determine whether the measures required in the plan are providing effective stormwater management. Sec. 14A-41. - Recordkeeping. Recordkeeping will be completed and maintained in accordance with 9VAC25-870-126_ Article IX. Stormwater Management Fee Sec. 14A-42. — Findings andQeterminations- Sec. 14A-43. — Establishment of stormwater management utilil . Sec 14A44 — Imposition of utility fee. Sec 14A-45 — Billing and a ent interest.hens. Sec. 14A-46 — Arius ment of feeg, expMp ions Sec. 14A47 - Severability Sec. 14A-42. Findings and determinations. (a) Isle of Wight County (County) has a system of manmade and natural components of a stormwater management infrastructure to both limit and manage the volume of stormwater to control flood events and to prevent degradation of the County's waterways through stormwater quality management. These facilities are in part regulated by federal and state laws and regulations. (b) stormwater runoff is associated with ali improved properties in the County, whether residential or nonresidential. and the quantity and quality of runoff is correlated to the amount of impervious surface and land -disturbing activities on each parcel, (c) The elements of the stormwater management infrastructure provide benefit to properties within the County through direct protection of property, control of flooding of critical components of the infrastructure, and enhancement of water quality and the County's natural environment. (d) The costs of monitoring, operating, maintaining, and constructing the stormwater management system required in the County, both to meet stormwater pollution control regulations and to address identified water quality degradation, erosion and flooding needs, should therefore be allocated_ to the extent practicable, to all property owners based on their contribution to the stormwater runoff. Sec. 14A-43. Establishment of stormwater management utility. (a) Pursuant to the statutory authority granted to localities in §15.2-2114 of the Code of Virginia, 1950, as amended, to provide for the general health, welfare and safety of the County and its residents, there is hereby established a stormwater utility, which shall be the operational means of implementing and otherwise carrying out the functional requirements of the stormwater management system. The Board of Supervisors of Isle of Wight County hereby designates the Director of General Services or an authorized designee as the Administrator of the stormwater management utility fee- The general purposes of the utility include administration, management, operation and maintenance of the County's stormwater infrastructure; studies and programs; regulation of drainage; and financing of existing and future repairs, replacements, improvements and extensions of the stormwater infrastructure. (b) The stormwater management utility shall be administered and operated under the direction of the Administrator, who shall organize, direct and manage the utility in accordance with this article and other appropriate legal requirements. (c) The utility shall deposit in a separate ledger account all revenues collected pursuant to this article. The funds deposited shall be used exclusively for the operation, maintenance and capital costs related to the stormwater management system. Operation, maintenance and capital costs related to the system shall include, but not be limited to, the following: 1. Acquisition, as permitted by Section 15.2-1800 of the Code of Virginia (1950, as amended), of real or personal property, and interest therein necessary to construct, operate and maintain stormwater control facilities; 2. The cost of administration of such programs, to include the establishment of reasonable operating and capital reserves to meet unanticipated or emergency requirements of the system and all associated legal and collection costs; 3_ Engineering, planning, design, inspection, debt retirement and construction costs for new facilities and enlargement or improvement of existing facilities including (lie enlargement or improvement of dams, levees, floodwalls, and pump stations_ whether publicly or privately owned, that serve to control stormwater; 4. The operation and maintenance of facilities and equipment including the maintenance of dams, levees, floodwalls and pump stations, whether publicly or privately owned, that serve to control stormwater; 5. Monitoring of the quantity and quality of stormwater and associated control devices; 6. Other activities consistent with the state or federal regulations or pesrmits governing stormwater management. including, but not limited to, public education. watershed planning, inspection and enforcement activities, and pollution prevention planning and implementation; and 7. Activities on private properties whereby the overal$ public benefit exceeds the overall private benefit, a& determined by the Administrator. Sec. 14A-44. Imposition of utility fees. The Isle of Wight County Board of Supervisors, as provided by this article, shall set appropriate levels of utility fees so that adequate revenues will be generated to provide for a balanced operating and capital improvement budget for operation and maintenance of the County's stormwater management system. Should revenue from utility fees exceed actual costs incurred for providing for the operation and maintenance of the County's stormwater management system described in this article, funds will carry over to the next fiscal year. Utility fees shall be charged to owners of all developed property in the County. (a) For purposes of determining the utility fee, all properties in the County are classified into one of the following classes: i. Developed residential property; 2. Developed nonresidential property; or 3. Undeveloped property (b) The utility fee for developed residential property shall equal the ERU rate (c) The utility fee for developed nonresidential property shall be the ERU rate multiplied by the numerical factor obtained by dividing the total impervious surface area of a developed nonresidential property by one (1) ERU. The numbered factor will be rounded to the nearest whole number. The minimum utility fee for any developed nonresidential property shall equal the ERU rate. Refer to Article 11 of this Chapter for ERU and ERU rate definition and location. (d) The utility fee for vacant developed property, both residential and nonresidential, shall be the same as that for occupied property of the same class. (e) Undeveloped property shall be exempt from the utility fee until such time it is developed. (f) Each developed property situated on a parcel devoted to agricultural use, as defined herein, shall be charged a fee equal to the ERU rate. (g) The charge defined as the ERU rate is established from time to time by action of the Isle of Wight County Board of Supervisors to raise revenues to cover the costs of the stormwater management system. Sec. 14A-45. Billing and payment, interest, liens. (a) Billing for the stormwater utility fee shall be rendered on a semi-annually basis to all chargeable property owners and shall represent the fee for the preceding six (6) months and any unpaid balances and interest on an account. Any parcel or dwelling unit owner who has remitted payment of the stormwater utility charges and believes that it is incorrect may submit an adjustment request as provided for in this article. The stormwater utility fee is to be paid by the owner of each parcel or dwelling unit that is subject to the charge. The owner of each parcel or dwelling unit in the County, except undeveloped property, shall be mailed a statement for the stormwater utility fees. (b) The stormwater utility fee due the County from property owners for stormwater management shall be based on the ERU rate established in the Uniform Fee Schedule, (c) All properties, except undeveloped property, shall be rendered bills or statements for a stormwater utility fee. Billing for the utility fee shall be rendered in arrears to all chargeable persons and shall represent charges for each day of the preceding billing period with interest added as stated on the bill. In the event charges are not paid when clue, interest thereon shall commence on the due dale and shall accrue at the rate of ten (10) percent per annum until such time the delinquent charges and accrued interest are paid. (d) The bills or statements shall include a date by which payment shall be due All statements shall be mailed at least thirty (30) days prior to the payment due date stated thereon. All bills for charges prescribed by this Article shall be deemed delinquent if not paid in full to the Treasurer's Office by the end of the business day it is due, or the next working day in the event the due date is a County recognized holiday or weekend day. (e) Any delinquent bill, including unpaid fees and accrued interest, shall be collected by any means available to the County. Notice to the owner shall be provided in every case when stormwater charges incurred by a tenant or occupant become more than ninety (00) days delinquent. Unpaid fees and interest accrued shall constitute a lien against the property, ranking on a parity with liens for unpaid taxes. Records of all unpaid fees and interest, indexed by the name of the record owner of the real estate, shall be maintained in the County Treasurer's office. (f) When previously undeveloped properties are brought into the system or in the event of alterations or additions to developed nonresidential property that alter the amount of impervious surface and/or the number of dwelling units, a utility fee will accrue as determined by the Administrator: 1 1 lnnn icq,4nnrw of a r;artifiralQ of Ocriinanry or 2. Upon substantial cornp'.elion of the improvements: or 3, In the event completion of the improvements is not diligently pursued, upon eslatAishment of the impervious area or dwelling unit that affects stormwater runoff. A bill or statement will be issued and said charges L"JFII be prorated for the number months for which the parcel is subject to the utility fee_ Sec. 14A-46. Adjustment of fees, exemptions. (a) Full waiver of the utility fee shall be provided to properties owned by federal, state, and local government agencies when those agencies own and provide for maintenance of storm drainage and stormwater control facilities, and the agency has the appropriate permits issued by the state, and the agency's stormwater system does not discharge to waters or outlets requiring Isle of Wight County maintenance. (b) Full waiver of the utility fee shall be provided to property owned or operated by the County and other local government agencies. (c) Full waiver of the utility fee shall be provided to properties with a valid VPDES Industrial stormwater General Permit or a VPDES Individual permit that includes stormwater_ The waiver shall apply only to the parcels associated with said permit. (d) A partial waiver of the utility fee may be provided to cemeteries, as determined by the Administrator. (e) Public roads and street rights-of-way that are owned and maintained by state or local agencies including property rights-of-way acquired through the acquisitions process shall be exempt from the utility fee. (f) Agricultural properties shall be exempt from the utility fee; provided however, each developed property situated on a parcel devoted to agricultural use shall be charged a fee equal to the ERU rate. (g) Developed properties with less than 400 square feel of impervious surface are exempt from the utility fee until such a time the property exceeds 400 square feel of impervious surface. (h) Any property owner charged a utility fee greater than one (1) ERU who has paid his utility fees and who believes his utility fees to be incorrect may make application in writing to the Administrator or his designee for an adjustment to the stormwater management utility fee. All such requests must be submitted prior to the end of the fiscal year for which the request applies, The property owner shalt substantiate the claim to the satisfaction of the Administrator with plans, engineering calculations and related documents prepared by a licensed professional engineer or land surveyor. The Administrator may waive the licensed professional requirement if in his opinion the specific adjustment request does not warrant such a requirement. 1. New construction utility fee adjustment'Applications for new construction shall be made in conjunction with the relevant site plan or development plan submittal or a request for waiver of normal site plan processing requirements. Action on such applications shall be within the response times specified for such submittals and requests. Approved adjustments shall be effective from the date of construction and will be prorated from the first day of the month in which the adjustment is approved. 2. Any owner of a developed parcel or dwelling unit who believes his utility fee to be incorrect may make application for adjustment of the charge to the Administrator. Response to such requests shall be made by the Director within sixty (60) calendar days of receipt of a complete request. The Administrator shall develop an administrative policy regarding the refund or credit of overpaid fees. (i) Any owner charged a utility fee greater than one (1) ERU may appeal the Administrator's decision to the County Administrator but must do so in writing within fifteen (15) calendar days of the date of the Administrator's response. The County Administrator shall respond to the appeal within fifteen (15) calendar days and such response shall be final. (j) The Administrator may extend such County response times as appropriate to ensure full and complete evaluation of the application. In these cases, the Administrator shall notify the applicant of the action by certified mail. (k) Adjustments/Credits: The Administrator shall prepare a Utility Adjustment/Credit policy that shall become effective upon adoption by the Board of Supervisors to any developed nonresidential property that installs, operates, and maintains a stormwater management facility that achieves a permanent reduction in stormwater flow or pollutant loadings. The amount of the credit will be based on the percent reduction in stormwater flow or pollutant loadings, or both, from pre- installation to post -installation of the facility_ Credits will not be provided to any property that does not obtain a stormwater permit from the Department of Conservation and Recreation or the Department of Environmental Quality when such permit is required by statute or regulation. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. 11 Donald T. Robertson, Assistant to the County Administrator, provided a briefing on the Local Choice health insurance program and associated steps to be taken over the course of the next year with regard to adjusting the employer/employee contribution to ensure alignment with industry averages, the development of an wellness incentive plan, continue to investigate opportunities/partnerships for shared services with the School Division and the Towns of Smithfield and Windsor; and, continue to review and make note of any benefit changes that might be appropriate. Supervisor Darden moved to renew the Local Choice health insurance program. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich advised that the County's and Schools FY2014-15 Operating and Capital Budgets and related ordinances have been properly advertised and a public hearing held. Supervisor Jefferson moved that an Ordinance Approving the County Budget and Appropriating Funds for Expenditures Contemplated during the Fiscal Year Beginning July 1, 2014 and Ending June 30, 2015, and Regulating the Payment of Monev Out of the County Treasury be adopted, as follows: AN ORDINANCE APPROVING TIIE COUN'T'Y BUDGET AND APPROPRIATING FUNDS FOR EXPENDITURES CONTEMPLATED DURING THE FISCAL YEAR BEGINNING .JULY 1, 2014 AND ENDING ,JUNE 30, 2015, AND REGULA'T'ING THE PAYMENT OF MONEY OUT OF TIIE COUNTY TREASURY BE IT ORDAINED by the Board of Supervisors of Isle ol` Wighk County, Virginia as rollows: Section 1: Except as provided in Section 2 of this ordinance, the County of Isle or Wight. Virginia, Proposed Annual Operating Budget, Fiscal fear 2014-2015, elated April 3, 2014, and submitted by the County Administrator, is approved as the County Budget for the fiscal year beginning July I, 3014, and ending June 30, 2015. Section 2: The County Budget shall be Subject to trawlers authorized by law and to auch further amendments by ordinance; as the Board of Supervisors may deem appropriate. Section 3: The amount namcd in the Proposed Annual Operating Budget lin- County operations for the fiscal year beginning July 1, 2014. and ending June 30, 2015, in the following fund amounts totaling $95,434.396 is hereby appropriated lrom the revenues of the County for use by the various fund~ of the County Government referenced in said budget for the said fiscal year. Any appropriation to a specific fund but identified as a revenue source in another fund is spceilicatliy designated and restricted for accounting and transfer purposes only and not for only other expenditure firom the source fund. Fiind 2014-21115 General Fund 09,137,186 Capital Projects Fund 800.000 Debt Service Fund 6.824,458 Grants Fund 199,314 Emergency 91 I Fund 1.325,743 County Fair I and 364,198 Social Service's Fund 3.1 G 1,543 Section 8 1lousing Fund 124.383 Comprchen. i,We Smices Act Vund 605,587 Technology Servitcs Fund 949.764 Risk tvlanagemcnt Fund 506,412 Public Utility Fund 9.71-0.610 Storinwater %,fana,entcnt Fund 1.715,198 Total (;ands Budget S 95,434,396 Section 4: Pursuant to Sc;etion 77.1-94 of the Code of Virginia, the following categorical appropriations arc hereby made for Isle of Wight County Public Schools ("Public Schools") for the fiscal year beginning July I, 2014, and ending June 30, 2015: Educational Category___ 2014-21115, Instruction 5 42,394,959 Administration, :Attendance mut I Ieaith 2,421.1f9 Pupil Transportation 3.329.862 Operation and hlaintmanec 4.724,183 School Food Serv_Mther Now111SIr. Operation, 2.202,403 Facilities 0 Debt and Butes Transfers 0 Technology 1,981,708 Contingenev ResmLs 0 '1`alat Funds Budget 5 57,1154,284 Section 5: All payincnts lronl funds shall be made in accordance «with general law and applicable ordinances and resolutions of the County, except as otherwise specifically provided herein; provirleel, however, that payments frons the funds appropriated l()r the support, maintenance and operation of the Public Schools of the County shall be made by the County Treasurer upon warrants drawn by the proper officer or officers of the School Board of the County; and provided f trthei- that payments frons the ftinds appropriated for expenditures of the Department of Social Services shall he made by the County Treasurer upon presentation of warrants drawn by the Social Services Director and approved by the Isle of Wight County Board of Social Services. Section Cl: The Board of Supervisors hereby authorizes the issuance 111(1 Sille of isle County'~ revenue aIlticipatlon note or notes (tile "Note" or "Notes"), pursuant to Section 15.2- 7629 of the Code of Virginia (1950, as wriended) (the "Virginia Code"), in the aggregate principal amount of up to 525,000,000 in anticipation of the collection Of the taxes and revenues of the County fir the fiscal year eliding June 30, 2015. Ifs either the County Administrator or County 'Treasurer deems that the cash flow needs and the financial condition of the Count), WatTant the issuance of a Note or Notes, the County Administrator or the County Treasurer (each hereinatier rererred to tis the "County Representative") is authorized and directed to accept a proposal or proposals for the purchase of the Note or Notes and to approve the terms of the Note or Notes, provided that the aggregate principal amount o17 the Notes shall not exceed $25,000,000, none of the Notes shall mature later than June 30, 2015, and no interest rate on any of the Notes shall exceed 7%. The County Representative and the Clerk of the Board of Supervisors (the "Clerk") are hereby authorized and directed to execute an appropriate negotiable Note or Notes and to affix the seal of the County thereto and such County Representative is authorized and directed to deliver the Note or Notes to the purchaser thereof. The County Representative, and such officers and agents of the County as the County Representative may designate. are hereby authorized and directed to take such further action as they deem necessar}' regarding the issuance and sale of the Note or Notes and all actions taken by shell officers and agents in connection with the issuance and sale of the Note or Notes are ratified and confirmed. Section T. The Board of Supervisors hereby authorizes the lease financing of varlou-9 County vehicles, and equipment essential to the performance of governmental functions as provided for in the adopted Discal Year 2014-2015 Operating and Capital Budget. The funds made available under the lease will be deposited with a banking ins itutlon pursuant to an Escrow Agreement following procurement of a financial institution in accordance with the Virginia Public Procurement Act. The County Administrator is authorized to execute the lease agreement and financing documents on behalf of the COWIN and the County Clerk shall affix file official seal of the County to tlhe Financing Documents and attest the same. Section S: The amounts appropriated by this ordinance shall be expended lin• the purpose of operating the County government during the 2014-2015 Fiscal Year; and, with the exception of the Items the payment of which is fixed by law, shall be expended in such proportions as may be authorized by the County Administrator from time to time. Section 9: All outstanding encumbrances, by contract or hilly executed purchase order. as of. .tune 30, 2014, shall be offset by an equal amount of assigned Fluid Balance for expenditure in the subsequent fiscal year; lwavided, host -ever, that if performance of a contract or purchase order has been substantially completed, an expenditure and estimated liability shall be recorded in lieu of in encumbrance. All approprint lolls standing oil the books of the County at the close of business for tike fiscal year ending June 30, 2014 ill the amount of 550,000,000.00 or less that have not been upended or lawfully obligated or encumbered are hereby reappropriated to be used to fund the purposes, programs, or projects fhr which the fiends were appropriated_ Section 10: Notwithstanding the provisions of Section 9, all funds appropriated for Public Schools which are unexpanded at year-end ~hall revert back to tike County's General Fund pursuant to Section ?2.1-100 of the Code of Virginia. Section 11: The payment and settlement, made during the 2011-2015 Fiscal Year, of any claim of any kind against the County; and final judgments, with interest and costs, obtained against the County during the 2013-2014 Fiscal Year, shall he paid upon the certification of the County Attorney and the order of the County Administrator from funds appropriated to the (tisk Management bund; or From the hinds appropriated fihr the expenditures of the Fund involved in the subject matter of tike claim or judgment; or from the General Fund; as the County Administrator shall find necessary. Section 12: Except as otherwise specifically required by law or approved by the Board of.* Supervisors by resolution any salary or %%rage expenditure, and ally expenditure of any kind or description having the effect of a salary or %&,age payment, shall be nate only for a position, the description of which is identified in tilt: County Pay and Compensation flan or which has received prior approval of Board of Supervisors. Any other expenditure shall be calculated to result in total expenditures within the plan Stated in a Specific County Budget account, except that transfers of unexpended and unencumbered balances or portions thereof, initiated by a depailinent director and approved by the County Administrator, are permitted between accounts; provided, however, Nit a quarterly report of such transfers shall be submitted to the Board of Supervisors. Section 13: The County Administrator is authorized and directed to do all lawful things necessary to implement and administer the County Budget for Fiscal Year 2014- 2015. Section 14: All ordinances and resolutions, or parts thereof, in conflict with the provisions of this ordinance, to the extent of such conflict are repealed. Section 15: `I his ordinance shall be in effect on aisd aflCr Rely 1, 2014. and it shall not be published. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Chairman Bailey moved that an Ordinance to Impose Tax Rates for Isle of Wight County, Virginia for Fiscal Year July 1, 2014 through June 30, 2015 be adopted, as follows: AN ORDINANCE TO IMPOSE TAX RATES FOR ISLE OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR JULY 11 2014 THROUGH JUNE. 30, 2015 BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, to -wit: Section 1: That there is hereby levied for tite fiscal year beginning July I, 2014, a tax of 50.85 per one hundred dollars of assessed valuation on all taxable real estate, and all real and personal property of public service Corporations In accordance with Section 55.1-2600 of the Code of Virginia (1950. a5 amended). Section 2: Chat there; is hereby levied Ibr the fiscal year beginning July 1, 2014, II lax of $0.70 per one hundred dollars of assessed Valuation on machinery and tools used in businesses as defined in Section 55.1-3507 of the Code of Virginia (1950, as amended). Section 3: That there is hereby levied for the fiscal year beginning July 1. 2014, a tax of S 1.00 per one hundred dollars of assessed valuation of boats, watercraft and aircraft as defined in Section 5S.1-3606 of the. Code of Virginia (1950, as amended). Section 4: That there is hereby levied for the fiscal year beginning July 1, 2014. a tax of 54.50 per one hundred dollars of assessed valuation on -ill tangible personal property. as defined and classified in Sections 55.1-3500 through 3504 and Section 58.1-3506 of the Code of Virginia (1950, as amended) except that all household goods and personal effects as defined and classified in Section 58.1-3504 are exempt Iron said levy. Section 5: That there is hereby levied for the fiscal year beginning July 1, 2014, a tax of S0.32 per one hundred dollars of assessed valuation on watercraft. including vessels and ships, weighing five tons or more, excluding privately owned pleasure boats and watercraft used For recreational purposes only. Section 6: That there is hereby levied for the fiscal year Beginning July 1, 2014, a tax of one-half (1/2) of one percent (I'Va) of the gross receipts on telephone and telegraph companies, water companies, heat, light and power companies, except electric suppliers, gas utilities and gas suppliers as defined in Section 55.1-400.2 of the Code of Virginia (1950, as amended) and pipeline distribution companies as defined in Section 58-1-2600 of said Code, accruing from sales to 1110 ultimate consumer in tine County of Isle of Wight, Virginia, pursuant to Section 58.1-3731 of the Code of' Virginia (1950, as amended), however, in the case of telet3hone companies, charges for long distance telephone calls shall not be included in gross receipts for purposes of license taxation. BE IT FURTHER ORDAINED that this Ordinance be entered in the Nlinutes of this Board of Supervisors and that a copy thereof, by the Clerk. orthis Board, be fiurnished to the Treasurer of this County. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. 11 Supervisor Casteen moved that an Ordinance to Implement Personal Property Tax Relief in Isle of Wight County, Virginia for Calendar Year 2014 be adopted, as follows: AN ORDINANCE TO IMPLEMENT PERSONA], PROPERTY TAX RELIEF IN ISLE OF NA'IGI-11' COUNT]', `'IRGINIA, FOR CALENDAR YEAR 2014 BE IT. AND IT 1S HEREBY ORDAINED, by the Board of Supervisors of the County of Isle of Wight. Virginia, to -wit: That. in accordance with the Personal Property Tax Relicl'Act. as rulopted by the Virginia General Assembly, the car tax relief for Calendar Year 2014 shrill be set at fifty Percent (50"11) for %rellicic5 over 51,000.00 in value on the first 520,000.00 in Value and for vehicles V,11LIed at 31,000.00, or under, the percentage Of r0kl' shall be: one hundred vercent (100°,0. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that the following Ordinance to Repeal Chapter 15, Article I, Section 15-4.3. Solar Energy Equipment and Recycling Equipment Partially Exempt from Taxation of the County Code of Ordinances be adopted: ORDINANCE TO REPEAL CHAPTER 15, ARTICLE I, SECTION 15-4.3. SOLAR ENERGY EQUIPMENT AND RECYCLING EQUIPMENT PARTIALLY EXEMPT FROM TAXATION OF THE COUNTY CODE OF ORDINANCES BE 11' ORDAINED THAT Chapter 15, Article I, Section 15-4.3 Solar Energy Equipment and Recycling Equipment Partially Exempt From Taxation c)f the County Code of Ordinances is herehy repealed. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Alphin moved that an Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting the Isle of Wight County Code, Chapter 2, Administration; Chapter 3, Animals and Fowl; Chapter 4, Buildings; Chapter 6, Erosion and Sediment Control; Chapter 7, Fire Protection; Chapter 8, Garbage, Weeds and Litter; Chapter 10, Licenses; Chapter 11, Motor Vehicles and Traffic; Chapter 11.1, Music and Entertainment Festivals; Chapter 12, Offenses — Miscellaneous; Chapter 14, Sewers and Sewage Disposal; Chapter 14.1, Streets; Chapter 15, Taxation; Chapter 16, Tylers Beach Boat Harbor; Chapter 16.1, Water; Chapter 16.2, Weapons; Chapter 17, Wetlands Zoning; Appendix A, Subdivisions; Appendix B, Zoning; and Appendix B-1, Chesapeake Bay Preservation Area Ordinance, as follows: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING THE ISLE OF WIGHT COUNTY CODE, CHAPTER 2, ADMINISTRATION; CHAPTER 3, ANIMALS AND FOWL; CHAPTER 4, BUILDINGS; CHAPTER 6, EROSION AND SEDIMENT CONTROL; CHAPTER 7, FIRE PROTECTION; CHAPTER 8, GARBAGE, WEEDS AND LITTER; CHAPTER 10, LICENSES; CHAPTER 11, MOTOR VEHICLES AND TRAFFIC; CHAPTER 11.1, MUSIC AND ENTERTAINMENT FESTIVALS; CHAPTER 12, OFFENSES MISCELLANEOUS; CHAPTER 14, SEWERS AND SEWAGE DISPOSAL; CHAPTER 14,1, STREETS; CHAPTER 15, TAXATION; CHAPTER 16, TYLERS BEACH BOAT HARBOR; CHAPTER 16.1, WATER; CHAPTER 16.2, WEAPONS; CHAPTER 17, WETLANDS ZONING; APPENDIX A, SUBDIVISIONS; APPENDIX B, ZONING; AND, APPENDIX B-1, CHESAPEAKE BAY PRESERVATION AREA ORDINANCE TO REMOVE ALL REFERENCES TO FEES WHICH SHALL BE HEREAFTER INCLUDED IN THE ISLE OF WIGHT COUNTY UNIFORM FEE SCHEDULE WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has deemed it appropriate to revise its ordinances in such a way as to eliminate specific references to fee amounts in favor of a uniform fee schedule which shall be adopted by the Board of Supervisors on an annual basis as part of the budget adoption process; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 2, Administration, of the Isle of Wight County Code be amended and reenacted as follows - CHAPTER 2. ADMINISTRATION. Sec. 2-22. Service fee for false alarms. (a) Response by fire and/or rescue personnel...... Fees in an amount as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, shall be assessed against commercial alarm system users for false alarms resulting in response by fire and/or rescue personnel and occurring during any period of one hundred eighty successive days, and against residential alarm system users during any period of ninety successive days. Alarm system users shall pay such service fee for false alarms within thirty days of billing. (b) Response by sheriff's office personnel...... Fees in an amount as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, shall be assessed against commercial alarm system users for false alarms resulting in response by sheriffs office personnel and occurring during any period of one hundred eighty successive days, and against residential alarm system users during any period of ninety successive days. Alarm system users shall pay such service fee for false alarms within thirty days of billing. (c) Exceptions...... Service fees shall not be charged for false alarms from alarm systems in premises owned, leased, occupied or under the control of the United States, the Commonwealth of Virginia, political subdivisions of the Commonwealth of Virginia, or any of their officers, agents or employees while they are acting or are employed in their official capacity. However, all other requirements of this article shall apply to such systems. (d) Billing; interest on unpaid charges...... The chief and the sheriff shall notify the county emergency communications center of each false alarm to which they respond and such information shall be retained and maintained by the county emergency communications center. At the end of each month, the emergency communications manager shall notify the Isle of Wight County Treasurer of service fee assessments for false alarms. The emergency communications manager shall provide the name of the alarm system user, the address of the false alarm, and the amount due for the false alarm. The Isle of Wight County Treasurer shall bill the user and notify the emergency communications manager when any account is more than thirty days in arrears. Any account more than thirty days in arrears shall be subject to interest at the legal rate provided by the Code of Virginia, commencing when the account is more than thirty days in arrears. (10-18-07.) (STATE LAW REFERENCE --Su.::. 15.2-911 of the Code of Virginia (1950), as amended ) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 3, Animals and Fowl, is hereby amended and reenacted as follows; CHAPTER 3. ANIMALS AND FOWL. Sec. 3-8. Pet shop/dealer. In the county, any person operating a pet shop or operating as a dealer in companion animals is required to obtain a permit from the county. The fee for said permit shall be as set forth in Section 3.2-6537 of the Code of Virginia (1950, as amended). The county may refuse to issue or after issuance may revoke such permit for fraudulent practices or inhumane treatment of the animals dealt with by the permittee. Operating a pet chop or operating as a dealer in companion animals without having obtained such a permit from the county shall be a class 3 misdemeanor. (11-18-04 ) (STATE LAW REFERENCE—Sec- 3.2-6537 of the Code of Virginia (1950), as amended.) Sec. 3-11. Amount of license tax (a) The amount of the license tax for dogs and/or cats shall be as follows: (1) Spayed or Neutered dog or cat (1 year tag) - $7,00 (2) Spayed or Neutered dog or cat (3 year (ag) - $20.00 (3) Unspayed/Neutered dog or cat (i year tag)- S10.00.- (4) 10.00;(4) Unspayed/Neutered dog or cat (3 year tag) - $30.00 (5) Kennel, for 10-19 dogs - $35,00 (6) Kennel, 20-29 dogs - $40.00 (7) Kennel, 30-39 dogs - $45.00; and (8) Kennel, 40-50 dogs - $50.00. Sec. 3-21. Confinement and disposition of animals. (a) Any animal which has been confined in the county animal pound pursuant to this section shall be kept for a period not less than five days, such period to commence on the day immediately following the day the animal is initially confined in the facility, unless sooner claimed by the rightful owner thereof. (b) The operator or custodian of the pound shall make a reasonable effort to ascertain if the animal has a collar, tag, license, tattoo, or other form of identification. If such identification is found on the animal, the animal shall be held for an additional five days, unless sooner claimed by the rightful owner. If the rightful owner of the animal can be readily identified, the operator or custodian of the pound shall make a reasonable effort to notify the owner of the animal's confinement within the next twenty-four hours following its confinement. If any companion animal confined pursuant to this section is claimed by its rightful owner, such owner will be charged an impound/pickup and a kennel fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended,. If any other animal confined pursuant to this section is claimed by its rightful owner, such owner may be charged with the actual expenses incurred in keeping the animal impounded. The owner of any animal confined pursuant to (his section may also be charged with the actual expenses of any veterinary care rendered while the animal was in the custody of Isle of Wight County_ (c) If an animal confined pursuant to this section has not been claimed upon expiration of the appropriate holding period as provided by subsection (a) or (b) herein, it shall be deemed abandoned and become the properly of the pound. Such animal may be humanely destroyed or disposed of by the methods set forth in subsections (1) through (5). No pound shall release more than two animals or a family of animals during any thirty -day period to any one person under subsections (2), (3), or (4)_ (1) Release to any humane society, animal shelter, or other releasing agency within the Commonwealth, provided that each humane society, animal shelter, or other releasing agency obtains a signed statement from each of its directors, operators, staff, or animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment and updates such statements as changes occur. (2) Adoption by a resident of Isle of Wight County and who will pay the required adoption fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adapted by the Board of Supervisors, as it may be amended, on such animal, agree to have the animal sterilized in accordance with the provisions of section 3,1-796,126;1 of the Code of Virginia (1950), as amended, and provided that such resident has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment. (3) Adoption by a resident of an adjacent political subdivision of the Commonwealth and who will agree to have the animal sterilized in accordance with the provisions of section 3.1-796.126:1 of the Code of Virginia (1950), as amended, and provided that such resident has read and signed a statement specifying Plat he has never been convicted of animal cruelly, neglect, or abandonment. (4) Adoption by any other person, provided that such person has read and signed a statement specifying that he has never been convicted of animal cruelly, neglect, or abandonment, and provided that no animal may be adopted by any person who is not a resident of the county or of an adjacent political subdivision, unless the animal is first sterilized, and the pound may require that the sterilization be done at the expense of the person adopting the animal. (5) Release for the purposes of adoption or euthanasia only, to an animal shelter, or any other releasing agency located in and lawfully operating under the laws of another state, provided that such animal shelter, or other releasing agency: (i) maintains records that would comply with section 3.1-796.105 of the Code of Virginia (1950), as amended; (ii) requires that adopted dogs and cats be sterilized; (iii) obtains a signed statement from each of its directors, operators, staff, and animal caregivers specifying that each individual has never been convicted of animal cruelty, neglect, or abandonment_ and updates such statement as changes occur; and (iv) has provided to the pound, animal shelter, or other releasing agency within the Commonwealth a statement signed by an authorized representative specifying the entity's compliance with clauses (i) through (iii), and the provisions of adequate care and performance of humane euthanasia, as necessary, are in accordance with the sections 3.1- 796.68 and 3.1-796.96 of the Code of Virginia (1950), as amended. (d) For purposes of recordkeeping, release of an animal by a pound to a pound, animal shelter or other releasing agency shall be considered a transfer and not an adoption. If the animal is not first sterilized, the responsibility for sterilizing the animal transfers to the receiving entity. (e) No provision herein shall prohibit the immediate euthanasia of a critically injured, critically ill, or unweaned animal for humane purposes. Any animal euthanized pursuant to the provisions of this chapter shall be euthanized by one of the methods prescribed or approved by the slate veterinarian (f) Nothing in this section shall be construed to prohibit confinement of other companion animals in such a pound. For the purposes of this section, the term "animal" shall not include agriculture animals_ (11-18-04.) (STATE LAW REFERENCE—Sec. 3.1-796.96 of the Code of Virginia (1950), as amended.) Sec. 3-23. Control of dangerous or vicious dogs. (a) As used in this section, "dangerous dog" means a canine or canine crossbreed that has bitten. attacked, or inflicted injury on a person or companion animal or killed a companion animal; however, when a dog attacks or bites another dog, the attacking or biting dog shhli not be deemed dangerous; (i) if no serious physical injury as determined by a licensed veterinarian has occurred to the other dog as a result of the attack or bite; or (ii) both dogs are owned by the same person, No dog shall be found to be a dangerous dog as a result of biting, attacking or inflicting injory on another dog while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. "Vicious dog" means a canine or canine crossbreed that has: (i) killed a person; (ii) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (iii) continued to exhibit the behavior which resulted in a previous finding by a court or an animal control officer pursuant to the provisions of subsection (k), that It is a dangerous dog, provided that its owner has been given notice of that finding. (b) Any animal control officer who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog or vicious dog may file a suit in General District Court in Isle of Wight County. The petition shall advise the owner of the nature of the proceeding and the matters at issue. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered_ The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with the provisions of this chapter. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of section 3.1-796,119 of the Code of Virginia (1950), as amended. (c) No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed, nor shall ownership of a particular breed of canine or canine crossbreed be prohibited. No animal shall be found to be a dangerous clog or vicious dog if the threat, injury or damage was sustained by a person who was: (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian, (ii) committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian; or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous dog or a vicious dog. No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring or its owner or owner's property, shall be found to be a dangerous dog or a vicious dog. (d) The owner of any animal found to be a dangerous oog snap, witnin ten days cit suer, finning, obtain a dangerous dog registration certificate from the local animal control officer for a fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended„ in addition to other fees that may be authorized by law. The local animal control officer shall also provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this subsection shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained. (e) All certificates or renewals thereof required to be obtained under this section shall only be issued to persons eighteen years of age or older who present satisfactory evidence: (i) of the animal's current rabies vaccination, if applicable; (ii) that the animal has been neutered or spayed; (iii) that the owner has liability insurance coverage, to the value of at least one hundred thousand dollars, that covers animal bites; and (iv) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced - in yard until the proper enclosure is constructed. In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that: (i) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property; and (ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation. (f) While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals, The structure shall be designed to provide the animal with shelter from the elements of nature. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal. (g} If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section. (h) After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, notify the local animal control authority if the animal: (i) is loose or unconfined; (ii) bites a person or attacks another animal; (iii) is sold, given away, or dies; or (iv) has been moved to a different address. (i) The owner of any animal which has been found to be a dangerous dog who willfully fails to comply with the requirements of this section shall be guilty of a class 1 misdemeanor. �) All fees collected pursuant to this section, less the costs incurred by the animal control authority in producing and distributing the certificates and lags required by this chapter, shall be paid into a special dedicated fund in the Isle of Wight County treasury for the purpose of paying the expenses of any animal control officer training required under section 3.1-796.104:1 of the Code of Virginia (1950), as amended. (k) Notwithstanding the provisions of subsection (c) of this section, any animal control officer may determine, after investigation, whether a dog is a dangerous dog, If the animal control officer determines that a dog is a dangerous dog, he may order the animal's owner to comply with the provisions of this chapter, If the animal's owner disagrees with the animal control officer's determination, he may appeal the determination to the general district court for a trial on the merits. (11-18-04.) (STATE LAW REFERENCE—Sec, 3 1-796.93;1 of the Code of Virginia (1950), as amended,) Sec. 3-26, Hybrid canine permit. (a) No person shall import into the county or liberate herein or possess herein any hybrid canine except pursuant to a hybrid canine permit issued by Isle of Wight County. (b) Tile decision to issue such a permit shall be based upon the following criteria: (1) The number of hybrid canines that will be confined on the subject property which in no case shall exceed two hybrid canines; (2) The type, quality and extent of the confinement of the hybrid canine while on the property of its owner. Tile owner shall be required to provide adequate confinement as defined in section 3- 1 of this chapter; (3) The background, knowledge, experience, and responsible ownership of the owner to adequately care for, keep and handle hybrid canines; and (4) The means of handling the hybrid canine while not on the property of the owner. (c) The owner applying for a hybrid canine permit shall submit an annual permit fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, to cover the cost of the permitting system. A separate permit shall be obtained for each hybrid canine owned (d) The owner shall be required to provide the following information when applying for a hybrid canine permit; (1) The sex of the hybrid canine; (2) The color of the hybrid canine; (3) The height and length of the hybrid canine, (4) Vaccination records including a vaccination against rabies by a currently licensed veterinarian, (5) Information as to identification tags, tattooing or other identifying marks of the hybrid canine; and (6) An executed consent form authorizing the animal control officer or designee to inspect the premises where the hybrid is confined for the sole reason of ensuring that the owner is in compliance with the permit and this article. (f) The permit may be revoked or not renewed if the owner has failed to renew any required permit or has violated a provision of the permit or this article or any other law pertaining to the responsible ownership of the hybrid canine, Including, but not limited to, the escape of the animal from the confinement or any death, damage or injury caused by the hybrid canine. (g) Any person, whether an owner, agent or employee, violating, causing, or permitting the violation of this article or the conditions of the permit shall be guilty of a class 3 misdemeanor for the first violation and a class 1 misdemeanor for a second or a subsequent violation. Upon conviction of a violation of this article, the violator shall surrender the hybrid canine to the animal control officer for euthanasia in accordance with section 3,1-796,119 of the Code of Virginia (1950), as amended. (11- 18-04.) (STATE LAW REFERENCE ---Sec. 3.1-7913.126:9 of thn Code of Virginia (1950), as amended ) Sec. 3-27. Unlawful care of feral cats; exception. (a) For purposes of this article, the following terms shall have the following meanings (1) The acronym "ACO" shall mean the Isle of Wight Animal Control Officer or a designee (2) The term "caregiver" shall mean a resident of isle of Wight County, Virginia who has been designated as a feral cat caregiver by the ACO pursuant to the provisions of this article, and who accepts responsibility for expenses associated with providing care to feral cats. (3) The term "cat" shall mean a feline over the age of sixteen weeks. (4) The term "feral cat" shall mean any cat that is not or has never been owned by a person, or was formerly owned and has been abandoned (5) The term "feral cat colony" shall mean a group of feral cats who generally live outdoors and have little or no human contact_ (6) The term "kitten" shall mean a feline sixteen weeks of age or under. (b) Except as provided in this article, it shall be unlawful for any person to maintain a feral cat colony by providing food, water, or other forms of sustenance and care, unless such person is a resident of Isle of Wight County, Virginia, and has been designated as, and is currently appointed. a caregiver by the ACD. (c) County residents desiring to provide food, water and other forms of sustenance and care to feral cats in Isle of Wight County, Virginia, shall annually apply to the ACO to be designated as a caregiver, and every person so designated shall comply with the provisions of this article throughout their term of appointment. There shall be a fee as shall be set forth in the Isle of Wiqht Countv Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, associated with applying for this designation, per feral cat colony, which shall be due and payable annually. (d) Every caregiver shall comply with the following conditions with respect to feral cats or feral cat colonies for which they are a designated caregiver; (1) Provide (i) written permission from the property owner on whose property the feral cat colony will be located or cared for; (ii) evidence of reasonable efforts made to obtain the support for the feral cat colony from all adjacent property owners; and (iii) a good faith estimate of the number of feral cats and kittens residing in the colony at the time a caregiver's designation is applied for. (2) Assume personal responsibility and make arrangements for feeding and providing emergency veterinarian treatment as needed to their feral cat or feral cat colony on a regular basis throughout the year, including weekends, holidays, and at such times as the caregiver is unable, for any reason: to provide such care (3) Provide regular and frequent trapping of not less than two times per month, through the use of humane box traps of feral cats and kittens over the age of eight weeks who have not been spayed or neutered, vaccinated, and marked as provided herein, The trapped feral cats shall be spayed or neutered, vaccinated for rabies, and marked by having their ears tipped by a veterinarian professionally licensed by the Commonwealth of Virginia. It is also recommended, but not required, that all trapped feral cats be vaccinated by the veterinarian for distemper and implanted with a micro chip for identification purposes. (4) Make every attempt to remove kittens from the colony between the age of eight weeks and sixteen weeks for domestication and placement with a person who is willing to be the owner of same. (5) If possible, have all trapped feral cats and kittens tested for feline leukemia and feline immunodeficiency virus; and to have those which test positive for.same humanely euthanized or assure that any feral cat or kitten known to have an infectious disease is not released to the outdoors. (6) Maintain, on an individual cat basis, documentation of all vaccinations, inoculations, medical procedures and sustenance provided to feral cats under their care, and upon request, to provide such documentation to the ACO. (7) Authorize veterinarians attending to feral cats or kittens under their care to release copies of all medical records with regard to such feral cats to the ACO. (8) Maintain protection for the feral cats and kittens sufficient to shield them from adverse weather conditions, and maintain the surrounding area free and clear of garbage, trash and debris, (9) Notify the ACO of the introduction of any new cats to the feral cat colony. (10) Ensure that a feral cat colony for which a person has been designated a caregiver does not exceed twenty cats unless reasonably authorized by the ACO, giving consideration to the size, shape, locations and ability to maintain the feral cat colony on the property_ (e) In the event a caregiver is found by the ACO to have violated any provision of this article, or failed to comply with any of its provisions, the ACO may require the caregiver to cease, desist and rectify their violation, or terminate their designation as a caregiver, depending on the severity of the violation. If abatement of the violation is appropriate, the caregiver shall be issued a notice of noncompliance specifying that the caregiver has forty-eight hours within which to provide a written response to the ACO specifvinq the steps to be taken by the caregiver to come into compliance with the provisions of this article within a thirty -day period. The AGO may grant one thirty -day extension if the caregiver demonstrates a good faith effort to comply, and the ACO feels that compliance may be achieved within the thirty -day extension period. The caregiver shall make an action report to the ACO at the end of each thirty -day period or when compliance is achieved, whichever occurs first. if the ACO determines that the violation is sufficiently serious to warrant termination of the caregiver designation, a notice of such termination shall be provided to that person, (f) If compliance with the provisions of this article are not achieved as provided in subsection (d) of this article, or if termination as a caregiver is otherwise warranted, the ACO shall cause a notice of termination to be either personally delivered to the caregiver or mailed to the caregiver by certified mail, return receipt requested, at the address provided by the caregiver on their current application for such designation. Compliance with this subsection by personal delivery shall be effective upon delivery; compliance with this subsection by mailing shall be effective on the day first delivered to the recipient's address. Termination of designation as a caregiver by the ACO may be appealed to the County Administrator's office by such person by providing notice of the appeal in writing stating the basis for the appeal within ten calendar days of delivery of the notice of termination as required in this subsection. (g) For purposes of this article, and except as providing in this section, a person who has been designated as a caregiver shall not be considered an owner or a custodian of the feral cats for which they are providing care. (h) The provisions of this section do not grant to caregivers any authority to enter upon the property of others without the property owner's permission. (i) In the event the ACO becomes aware, either through a compliant or personal observation, of a feral cat or feral cat colony, he shall make a reasonable attempt to determine if a suspected feral cat or feral cat colony has a caregiver who will comply with this section. If, after making such an attempt, no caregiver is identified or is willing to comply with the provisions of this section, the ACO shall take all necessary action to obtain permission from the property owner(s) to enter upon the property to capture and remove the feral cats, and to dispose of the captured cats in accordance with the provisions of this chapter for the disposal of impounded animals (j) Neither feral cats nor feral cat colonies may be maintained on property owned or controlled by the county. (k) Any person who violates subsection (b) of this section shall be subject to a civil penalty not to exceed one hundred fifty dollars. (11-5-08 ) (STATE LAW REFERENCE --see Code of Va , § 3.2-6543.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 4, Buildings, is hereby amended and reenacted as follows: CHAPTER 4. BUILDINGS. Sec. 4-6, Existing buildings or structures. (a) Inspections will be provided by the building official of the county of existing buildings or structures to determine if same are in compliance with the requirements of the Uniform Statewide Building Code at the request of the owner thereof upon payment to the county of a fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended,. (b) Issuance of certificates of compliance for existing elevators and associated equipment by the building official of the county at the request of the owner upon receipt of adequate proof of inspection in accordance with ASME Standards A17.2.1 and A17.2.2 and payment of a fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended. (9-5-74; 9-21-00, Ord. No. 2010-12-C, 7-15-10,) Sec. 4-6.1. Technology fee. There shall be a percentage fee, as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended„ applied to permit fees for all categories to support the purchase, maintenance and support for the equipment and software to facilitate departmental ecommerce. (Ord No. 2011-16-C, 8-4-11.) Sec. 4-7. Uncertified mobile homes. There shall be a fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, for the inspection of mobile homes manufactured after January 1, 1972, that do not bear the proper inspect`on seals as approved by the Virginia Industrialized Building Unit and Mobile Homes Safety Regulations, Article 5. The department of building inspections, upon request of the dealer, shall inspect and certify unlabeled mobile homes as reasonably safe to be used only in the county as directed by Article I, Section 103, of the Virginia Industrialized Building Unit and Mobile Homes Safety Regulations. (11-15-74; Ord. No. 2010-12-C, 7-15-10_) Sec. 4-7.1. Generally. On all buildings, structures, alterations or repairs requiring a building permit, including plumbing, electrical and mechanical installation, as defined in the Building Code, Plumbing Code, Electrical Code and Mechanical Code as adopted by the slate and entitled the Uniform Statewide Building Code, fees shall be paid as shall be set forum in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended. (5-3-79; 11-19-80; 6-16-88; Ord. No, 2010-12-C, 7-1510_) (STATE LAW REFERENCE —Code of Va., § 36-105.) Sec. 4-8. Reserved Sec. 4-9. Reserved Sec. 4-10. Reserved Sec. 4-10.1. Reserved NOW, WHEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 6, Erosion and Sediment Control, is hereby amended and reenacted as follows: CHAPTER 6. EROSION AND SEDIMENT CONTROL. Sec. 6-13. Prerequisite bond, etc. All control measures required by the provisions of this chapter shall be undertaken at the expense of the owner or his agent, and pending such actual provision thereof, the owner or his agent shall execute and file with the administrator, prior to issuance of the land disturbing permit, an agreement and bond or agreements and bonds in an amount determined by the administrator equal to the approximate total cost of providing erosion and sedimentation control improvements plus ten percent, with surety approved by the county attorney, guaranteeing that the required control measures will be properly and satisfactorily undertaken. A surety administration fee, as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended shall be paid prior to issuance of the land -disturbing permit, The administrator may waive the surety administration fee Within sixty days of the adequate stabilization of the land -disturbing activity, as determined by the permit - issuing authority, such bond, cash escrow letter of credit or other legal arrangement or the unexpended or unobligated portion thereof shall be refunded to the owner or his agent or terminated, as the case may be. Should the applicant fail, after proper notice, within the time specified to initiate or maintain appropriate conservation action, which may be required of him by the approved plan as a result of his land -disturbing activity, the permit -issuing authority may take such conservation action at the applicant's expense. If the permit -issuing authority takes such conservation action upon such failure by the permittee, the agency may collect from the permittee an amount equal to the difference between the amount of the reasonable cost of such action and the amount of the security held (4-19-07 ) Sec. 6-14 Issuance; fees. No person shall engage in any land -disturbing activity, as defined in section 6-3, within the county until he has acquired a land -disturbing permit and paid a fee for same to the county an amount as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, per acre of land disturbed. No land -disturbing permit shall be issued until the applicant submits with his application, an approved erosion and control plan and certification that the plan will be followed_ Agencies authorized under any other law to issue grading, building or other permits for activities involving land disturbing activities may not issue any such permit unless the applicant submits with his application an approved erosion and sediment control plan and certification that the plan will be followed. Issuance of a land -disturbing permit is conditioned on receiving an approved erosion and sediment control plan and certification that the plan will be followed at the time of application for such permit and, in addition, the requirements of section 6-13 concerning a performance bond, cash escrow, letter of credit, any combination thereof, or such other legal arrangement as is acceptable under the provision of section 6- 13 and to the fees herein levied for land -disturbing activities_ In addition, as a prerequisite to issuance of a land disturbing permit. the person responsible for carrying out the plan shall provide the name of the responsible land disturber. who shall be in charge of and responsible for carrying out the land disturbing activity, in accordance with the approved plan_ An engineering services agreement, as adopted by the board of supervisors, shall be executed at the time of filing erosion and sediment control plans. These requirements are in addition to all other provisions related to the issuance of permits and are not intended to otherwise affect the requirement for such permits- (4-19-07.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 7, Fire Protection, is hereby amended and reenacted as follows: CHAPTER 7. FIRE PROTECTION. Sec. 7-1.2. Emergency ambulance transportation service fees. (a) In accordance with Section 32.1-111.14 of the Code of Virginia (1950, as amended), the provisions of this section are deemed necessary to assure that adequate emergency services are provided to ensure the health, safety and general welfare of Isle of Wight County citizens. (b) Definitions. The following definitions shall apply for purposes of this section: Advanced life support level 1\ or ALS -1. Medical treatment or procedure services provided to a patient beyond those defined in "basic life support" or "BLS," but shall not include those services set forth in "advanced life support level 2" or "ALS -2." Advanced life support level 21 or ALS -2. Those advanced life support (ALS) services provided to a patient beyond ALS -1 including the following procedures: (i) manual defibrillationlcardioversion; (ii) endotracheal intubation; (iii) central venous line; (iv) cardiac pacing; (v) chest decompressions, (vi) surgical airway; or (vii) intraosseous line, and the administration of three or more medications of any kind. Basic life support\ or BLS. Medical treatment or procedure services provided to a patient as defined by the National Emergency Medicine Services (EMS) Education and Practice Blueprint for the Emergency Medical Technician (EMT) -Basic Ground transportation mileage\ or GTM. The assessed travel distance, in statute miles, from the location of the incident scene, or center point of a fire demand zone where an incident scene or address is located, to a hospital or other medical facility where a patient is transported, (c) The schedule of fees for ambulance transportation services provided by the Isle of Wight County department of emergency management shall be as set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended,. (d) The chief of emergency services is hereby authorized and directed to establish such rules and regulations as may be necessary for the administration of the charges imposed by this section, including, but not limited to, billing and repayment procedures. (2-17-05, 4-19-07; Ord. No_ 2012-1- C, 2-16-12.) NOW, THEREFORE, BE. IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 8, Garbarge, Weeds and Litter, is hereby amended and reenacted as follows: CHAPTER 8. GARBAGE, WEEDS AND LITTER. Sec. 8-18. Fee; term. The fee for a license under this article shall be as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, and all licenses shall be issued for the calendar year, or such portion thereof as shall remain after the issuance thereof. There shall be no reduction in the fee for a license issued after the beginning of any calendar year. (8-21-06.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 10, Licenses, is hereby amended and reenacted as follows: CHAPTER 10. LICENSES. Sec. 10-35. License --Generally. (a) Every person defined as a peddler under this division shall apply for a license to the commissioner of revenue in conformity with the following schedule: (1) A license tax of fifty dollars per annum shall be imposed upon all peddlers not otherwise exempt or elsewhere provided for who sell or offer for sate food items, plants or flowers; (2) A license tax of five hundred dollars per annarn shalt be imposed upon all peddlers not otherwise exempt or elsewhere provided for who sell or offer for sale any item other than food, plants or flowers_ (b) Every person defined as an itinerant merchant under this division shall apply for a license to the commissioner of the revenue, who will issue such licenses upon the payment of a fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended. (c) Any license for one year issued under subsections (a) and (b) of this section shall expire on December 31 of the year in which issued, and no license tax shall be prorated. (Ord. No. 2010-14-C, 9-23-10.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 11, Motor Vehicles and Traffic, is hereby amended and reenacted as follows: CHAPTER 11. MOTOR VEHICLES AND TRAFFIC. Sec. 11-2.1. Reimbursement of expenses incurred in responding to DUI and related incidents. (a) Any person convicted of violating any of the following provisions shall be liable for restitution at the time of sentencing or in a separate civil action for reasonable expenses incurred by the Isle of Wight County, including by the sheriffs office, or by any county volunteer fire or rescue squad, or by any combination of the foregoing, when providing appropriate emergency response to any accident or incident related to such violation: (1) The provisions of sections 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 29.1-738, 29.1-738.02, or 46,2-341,24 of the Code of Virginia (1950, as amended), or a similar ordinance, when such operation of a motor vehicle, engine, train or watercraft while so impaired is the proximate cause of the accident or incident; (2) The provisions of article 7 (section 46.2-852 et seq.) of chapter 8 of title 46 2 of the Code of Virginia (1950, as amended), relating to reckless driving, when such reckless driving is the proximate cause of the accident or incident; (3) The provisions of article 1 (section 46.2-300 et seq.) of chapter 3 of title 46.2 of the Code of Virginia (1950, as amended) relating to driving without a license or driving with a suspended or revoked license; and (4) The provisions of section 46.2-894 of the Code of Virginia (1950, as amended), relating to improperly leaving the scene of an accident. (b) Personal liability under this section for reasonable expenses of an appropriate emergency response shall not exceed one thousand dollars in the aggregate for a particular accident or incident. In determining the "reasonable expenses," the county may bill a flat fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, or a minute -by -minute accounting of the actual costs incurred. As used in this section, "appropriate emergency response" includes all costs of providing law enforcement, firefighting, rescue, and emergency medical services. The provisions of this section shall not preempt or limit any remedy available to the county, or to any volunteer rescue squad to recover the reasonable expenses of an emergency response to an accident or incident not involving impaired driving, operation of a vehicle or other conduct as set forth herein. (Ord No. 2010-1-C, 1-21-10.) Sec. 11-13. Late payments; collections; penalties. Any person failing to properly pay the license tax set forth herein shall be subject to late payment penalties and/or a collection fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended. Any person violating any of the provisions of this article shall be deemed guilty of a Class 4 misdemeanor (as defined by the Code of Virginia), and, upon conviction thereof, shall be punished by fine not to exceed two hundred fifty dollars. A violation of this article may be discharged by payment of a fine except upon presentation of satisfactory evidence that the required license tax has been paid. (1-4-68, § 17; 11-19-81, § 4; 8-16-90, § 4; 9-21-06; 4-19-07.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 11.1, Music or Entertainment Festivals, is hereby amended and reenacted as follows: CHAPTER 11.1. MUSIC OR ENTERTAINMENT FESTIVALS. Sec. 11.1-3. Permit—Required; application; fee. (a) No person shall stage, promote or conduct any musical or entertainment festival in the unincorporated areas of the county unless there shall have been first obtained from the board a special entertainment permit for such festival. (b) Application for such special entertainment permits shall be in writing, filed by the landowner and promoter with the county administrator at least sixty days before the date of such festival. Such application shall have attached thereto and made a part thereof the plans, statements, approvals and other documents required by this chapter. An application fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, shall be paid to the county administrator at the time of the Ming of the application. (c) The board shall act on such application or applications at the regular meeting of the board after notice of public hearing thereon has been published at least once in a newspaper having general circulation in the county. The application shall be approved or denied by the board within forty-five days after first being considered by the board at a regular board meeting. The approval or denial shall be issued in writing and mailed by the clerk to the applicant at the address indicated on the application. (d) Notwithstanding the foregoing, no person shall be required to obtain an entertainment permit for the staging, promotion or conducting of any musical or entertainment festival in the Isle of Wight County fairgrounds. The director of the Isle of Wight County department of parks and recreation shall, however, set forth such regulations and requirements as may be necessary to ensure the health and safety of all citizens or organizations using the Isle of Wight County fairgrounds, as may be amended from time to time (3-2-78, § 3; 6-17-81, §§ 2, 3; 5-19-05 ) NOW, THEREFORE, BE IT FURTHER ORDAINED by the 14 , of Wight County Board of Supervisors, Virginia, that Chapter 12, Offenses—Miscetlaneous, is hereby amended and reenacted as follows: CHAPTER 12. OFFENSES -MISCELLANEOUS. Sec. 12-1. Bad checks—Fee for writing to county. Any person who utters, publishes or passes any check or draft for the payment of taxes or any other sums due the county which is subsequently returned for insufficient funds or because there is no account or the account has bean closed, shall pay a fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, to the county and all check writing privileges, including the use of credit or debit cards, for such payments shall be suspended for one year following the returned check date. (2-6-75; 11-15-01; 6-14-07; 11-19-09; Ord No_ 2011-12- C, 7-7-11.) (STATE: LAW REFERENCE: see Code of Va., § 15.2-106.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 14, Sewers and Sewage Disposal, is hereby amended and reenacted as follows: CHAPTER 14. SEWERS AND SEWAGE DISPOSAL. Sec. 14-20. Charges generally. (a) Prior to the connection of any premises, building or dwelling unit to a county sewer system, the applicant shall pay connection and tap fees based on the size of water meter service and shall be as set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended. When the meter size of the connection exceeds the sizes set forth in the fee schedule, the applicant shall be required to pay a connection fee as determined by the county. (b) Following an application for service within ninety days of the official connection notice, including payment of fees, the connection fees due will be reduced to one-half of the connection fee amounts set forth in the current rate schedule for properties that are developed at the time of the official connection notice. (c) Reserved. (d) For a meter serving one or more units, the connection fee shall be charged for these types of buildings: Single-family. duplexes, houses, apartments, condominiums, mobile home parks, etc.; hotel, motel, travel trailer complex, hospital, nursing home, etc.; Commercial businesses, office, industrial, public buildings and all others_ (e) Any premises, building or dwelling unit to be connected directly to the HRSD system, prior to sewer service becoming available, shall pay one-half of the applicable county connection fee prior to connection to the HRSD system. (f) Any premises, building or dwelling unit to be connected to the county sewer system shall pay in addition to the county connection fee, the applicable Hampton Roads Sanitation District or Smithfield or Franklin fee which may from time to time be adjusted by these entities. (g) It is the intent of this section that connection and tap fees be paid on a per unit basis whether each unit is individually metered or a master meter is installed for more than one unit. (h) In those situations in which the premises, building or dwelling unit is served by either an unmetered water service provided by the county or by a privately owned water system, the sewer connection fee shall be based on the equivalent water meter size that would be required to serve such premises, building or dwelling unit. Such determination of equivalent meter size shall be made by the department of general services. (i) If the payment of a connection fee is required by the provisions of this article, then no building permit or other similar permit shall be issued by the county until the required connection fee is paid in full. (j} No connection fee shall be required when connection is to be made to an existing lateral previously used by another building when no work is required by the county to ready said lateral for connection. (5-21-09; Ord. No, 2013-11-C, 6-20-13.) Sec. 14-33. Conditions to be fulfilled. No person shall make or cause to be made a connection of any improved property with the sewer system until such person shall have fulfilled each of the following conditions' (a) Such person shall have notified the department of inspections of the desire and intention to connect to the sewer systemr and shall have otherwise satisfied any county requirements respecting such connections; (b) Such person shall have applied for, and obtained, a permit; (c) Such person shall have given the county and the department of inspections of the county at least twenty-four hours' prior notice of the time when such connection will be made so that the county may supervise and inspect the work of connection and necessary testing; (d) Such person shall have furnished satisfactory evidence to the county that any connection fee, tap fee or special fee, charged and imposed by the county and other against the owner of each improved property who connects such improved property who connects such improved property to a sewer, has been paid.- (e) aid;(e) Prior to issuance of a final certificate of occupancy, an inspection and approval from the department of general services is required; (f) The person desiring sewer service shall sign a contract prepared for that purpose prior to receiving sewer service. A separate contract shall be required for each premises; (g) When a sewer customer executes a contract for initial sewer service, or moves a sewer service account from one location to another, a fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, shall be charged for establishing the new account and turning on the sewer at the new location, except as exempted herein; (h) All sewer service customers shall pay a deposit prior to the initiation of sewer service. except those exempted herein. The person desiring sewer service shall deposit with the county an amount equal to the average bill for that category of sewer customer for which sewer service, and any other additional fees charged on the sewer bill, is being requested for four months. The amount of said deposit shall be determined administratively, and adjusted from time to time as necessary; (i) The contract and deposit may be transferred by the county from the location for which it was initially requested to any other location to which the applicant may move, if within the utility service area of the county; 0) A customer may be exempted from the payment of deposit or new account fee if: (1) The customer was on private sewer system acquired by the county, and the acquisition included a deposit previously paid by the customer, which is transferred to the county with the acquisition of the sewer system; (2) The customer was on a private sewer system acquired by the county, and the former owner of said system certifies to the satisfaction of the county as to the customer's satisfactory payment record; or (3) A customer has established a satisfactory credit rating with the county via an existing or previous sewer account. (5-21-00; Ord. No, 2010-4-C, 3-24-10; Ord. No. 2013-11-C, 6-20-13.) Sec. 14-45. Payment of connection and tap charges. The connection and tap fees imposed by article III of this chapter shall be payable upon application for permit to make a connection and shall be based upon a per building or per dwelling unit basis. Sewer rental charges applicable to the property shall begin to accrue as of the date of connection. Sewer rental charges shall be as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended. (5-21-09,' Ord. No. 2010-4-C, 3-24-10; Ord. No. 2010- 10-C, 6-17-10, Ord, No, 2011-6-C, 4-7-11; Ord_ No. 2013-11-C. 6-20-13.) Sec. 14-46. Collection of unpaid sums. In the event customer's account is placed for collection, customer shall be liable for, in addition to fees charged for termination of service as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended„ an administrative fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended„ to cover the costs associated with the processing of collection accounts, and an additional fee in the amount of one-third of the outstanding balance for the costs of collection, including but not limited to collection agency fees, attorney fees and/or actual court costs. On a yearly basis, the Isle of Wight County Treasurer's Office shall prepare a list of accounts deemed to be uncollectible. Said list shall be reviewed and approved by the finance department and the county administrator. Upon approval of the county administrator, these uncollectible funds shall be administratively written off in accordance with acceptable accounting methods. (5-21-09.) Sec. 1499. Fees. (a) Fees provided for in this article are separate and distinct from all other fees chargeable by the County of Isle of Wight. Fees applicable to this article are as follows: (1) FSE registration fees shall be in an amount as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, and shall be payable at the time of submittal of the registration, (2) FSE inspection and reinspection fees shall be as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors. as it may be amended. Such fees shall be due upon invoice by the County of Isle of Wight. Such fees may be added to the FSE's public service bill. NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 14.1, Streets, is hereby amended and reenacted as follows. CHAPTER 14.1. STREETS. Sec. 14.1-12. Administration. (a) The county administrator or his agent is hereby designated as the agent of the board of supervisors responsible for the administration, implementation and enforcement of this article. (b) The board of supervisors shall establish street names following public hearings and only after recommendation by the planning commission. Any request for change of names of existing streets shall be made to the planning commission which shall, by appropriate committee, review same and then after public hearing make its recommendation to the board of supervisors. The board of supervisors shall again hold a public hearing upon any request for street name change prior to making such a change. Any request for street name change of any existing street, private or public, shall require a petition signed by a majority of the landowners on said street accompanied by a fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, made payable to the County of Isle of Wight All street names for new subdivision roads in new subdivision plats may be established by the agent. All street names shall be in accordance with the guidelines established herein. (10-1-87, § 2; 8-17-89. § 2; 3- 7-91.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 15, Taxation, is hereby amended and reenacted as follows: CHAPTER 15. TAXATION. Sec. 15-5.1. Fee to cover administrative costs and reasonable attorney's or collection agency's fees in collection of delinquent taxes. There is imposed upon each person chargeable with delinquent taxes or other delinquent charges, fees to cover the administrative costs and reasonable attorney's or collection agency's fees, actually contracted for. The attorney's or collection agency's fees shall be twenty percent of the taxes or other charges so collected_ The administrative costs shall be in addition to all penalties and interest, and shall be as set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, not to exceed thirty dollars for taxes or other charges collected subsequent to thirty or more days after notice of delinquent taxes prior to the taking of any judgment with respect to such delinquent taxes or charges, and thirty-five dollars for taxes or other charges collected subsequent to judgment. If the collection activity Is to collect on a nuisance abatement lien, the fee for administrative costs shall be as set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, or twenty-five percent of the costs, whichever is less; however, in no event shall the fee be less than twenty-five dollars_ (11-6-86; 8-6-92; 10-20-94; 4-18-02; 12-18-08.) (STATE LAW REFERENCE: see Code of Va., § 58.1-3958.) Sec. 15-7.2. Exemption for rehabilitated commercial or industrial real estate. Real estate which has been substantially rehabilitated for commercial or industrial use is exempted from taxation of real estate upon the terms subject to the conditions as hereinafter prescribed. (a) A partial exemption from real estate taxes is provided for qualifying real estate which has been substantially rehabilitated for commercial or industrial use in accordance with this section. For the purposes of this section, real estate shall be deemed to have been substantially rehabilitated when a commercial or industrial structure on said real estate, which is no less than thirty years of age, has been so improved as to increase the assessed value of the structure by no less than twenty-five percent, but without increasing the total square footage of such structure by more than fifteen percent. (b) As a requisite for qualifying for partial tax exemption for rehabilitation of a commercial or industrial structure, the owner of such structure shall, at the time he applies for a building permit to rehabilitate such structure, file with the commissioner of revenue an application to qualify such structure as a rehabilitated commercial or industrial structure. The application to qualify for the rehabilitated commercial or industrial structure tax exemption shall be on a form approved by the commissioner of revenue and must be accompanied by a payment of a fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended„ to be applied to the cost of processing such application. Such application shall be filed prior to the commencement of the rehabilitation. (c) After the rehabilitation has been completed the owner shall submit a written request to the commissioner of revenue to inspect the structure to determine if it then qualifies for the rehabilitated property exemption. Such inspection and determination shall be made by the commissioner of revenue within sixty days after such written request is submitted. If the property qualifies for such exemption then the tax exemption shall become effective beginning January 1 of the next calendar year and shall run with the real estate for a period no longer than five years. (d) The exemption provided in this section shall be an amount equal to the increase in assessed value resulting from the rehabilitation of the structure as determined by the commissioner of revenue and this amount only shall be applicable to any subsequent assessment or reassessment. The owner of property qualifying for partial exemption from real estate taxes because of rehabilitation of a structure shall be issued a credit memorandum by the county treasurer for each year of the five year period of exemption from real estate taxes. An increase in assessment occurring after the first year of such rehabilitation exemption shall not qualify for an increase in such exemption. (e) Nothing in this section shall be construed as to permit the commissioner of revenue to list upon the land book any reduced value due to the aforesaid exemption. (f) No property shall be eligible for such exemption unless the appropriate building permits have been acquired and the commissioner of revenue has verified that the rehabilitation indicated on the application has been completed. (g) No improvements made upon vacant land nor total replacement of commercial or industrial structures shall be eligible for partial exemption from real estate taxation. (10-17-91.) Sec. 15-16.2. Imposed; amount; purpose. There is imposed and levied, upon every consumer of local telephone service, or services provided by any corporations subject to the provisions of Tille 58.1, Chapter 26 (§ 58.1-2600, et seq.), a monthly fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended. Any subscriber to individual telephone services who resides in a nursing home or similar adult care facility is exempted from the payment of the tax. (9-15-88, § 2; 3- 16-95; 1-26-2001.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 16, Tylers Beach Boat Harbor, is hereby amended and reenacted as follows: CHAPTER 16. TYLERS BEACH BOAT HARBOR, Sec. 16-6. Landing or dock. The landing or dock at the north end of the basin of the boat harbor is hereby reserved. established and declared as and for a public landing and dock for general public use and occupancy by any and all boats and vessels without any charge therefor, unless otherwise set forth herein, and which shall be so identified by appropriate signs; provided, that such use and occupancy of such public landing and dock shall be subject to and regulated and controlled by this chapter and the rules and regulations of the board; and provided further, that wharfage for in- or out -bound cargo placed on the public landing and dock and the wharfage for all boats and vessels thereat shall not exceed the time fixed by the board, without charge, and cargo and boat wharfage charges for the use and occupancy of such public landing and dock in excess of the time fixed by the board shall be fixed by the director of parks and recreation. For such boats and vessels that remain at the landing or dock in excess of the time fixed by the director of parks and recreation, proper registration with the county shall be required by making application to the director of parks and recreation. All such boats and vessels shall maintain a valid and current stale registration. In addition, such boats or vessels shall be charged a fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, for the use of county -supplied electricity to be used, without limitation, by such boats or vessels. (10-5-67; 9- 19-02; Ord. No. 2011-4-C, 3-3-11,) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 16.1, Water, is hereby amended and reenacted as follows: CHAPTER 16.1. WATER. Sec. 16.1-12. Service disconnection. (a) When water service to any premises has been disconnected by the county, for any reason, water service shall be reconnected only by an authorized representative of the county. If water service is disconnected for nonpayment of a county utility billing as provided in section 16.1.11, then a seventy -five -dollar penalty shall apply for each disconnection in addition to the payment of the outstanding water bill, any outstanding late charges by the customer to the county, and the water service customer shall pay a deposit, as specified in section 16,1-17. 1f water service to any location is reconnected without express authorization by the county, in addition to any legal remedy which the county may pursue for such illegal reconnection, then an additional fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, for a line inspection shall apply. The payment of said line inspection fee shall be in addition to any fine or settlement secured as a result of any such legal action. All costs to repair any damage as a result of the illegal connection shall be the responsibility of the customer. (b) Such fees and penalties shall not apply to any disconnections made for line maintenance or at the request of the customer. (11-21-96; 1-16-03: Ord. No. 2010-6-C, 3-24-10; Ord, No. 2012-6-C, 6-28- 12; Ord. No. 2013-8-C, 6-20-13,) Sec. 16.1-15. Charges generally. (a) Prior to the connection of any premises, building or dwelling unit to a county water main, the applicant shall pay a connection and tap fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended. The connection charges shall be determined by the meter size for domestic use only. When the size of the connection exceeds the sizes set forth in the Uniform Fee Schedule, the applicant shall be required to pay an installation/connection fee as determined by the county. (b) For new developments in which the required water system and related appurtenances have been installed by the ownerldeveloper and in which the ownership of the water system and related appurtenances has been conveyed to the county, up to and including two inches, the ownerldeveloper shall provide to the county the required number of water meters at the appropriate sizes and types specified by the county for future installation by the county. Such meters shall be delivered to a location designated by the county. For all such connections above two inches, the meter shall be installed by the developer, pursuant to county specifications. Upon completion of the installation, the developer shall notify the county for inspection and activation of the meter. (c) When application for service, including payment of connection fees, for existing single-family residential services is made within ninety days after receipt of official county connection notice, the connection fees due will be reduced to one-half of the amounts in subsection (a) of this section, or as otherwise approved by the director of general services. (d) When the application for residential connection is made within ninety days of receipt of the official county connection notice, the applicant may pay the connection fees at a rate of twenty percent (minimum) down, paid at the time of making application and the remainder to be due and payable in equal bimonthly payments over a two-year period, together with interest thereon at the rale of eight percent per annum. Application for installment payments shall only apply to residential connections and must be made during the initial ninety -day period. Installment payments due shall constitute a lien against the property. Surety shall be in a form acceptable to the county attorney. A contract for payment of the connection fee on an installment basis must be signed by both the property owner and the county. Failure of the property owner to pay the installment when due shall cause the imposition of a penalty of one and one-half percent per month and the county may, at its option, upon such failure declare the entire outstanding balance to be due and payable along with any expenses incurred by the county in the collection thereof. Failure on the part of the property owner to pay the installment when due shall also prejudice the properly owner's right to finance any additional connection fees on an installment basis. Upon execution of the installment contract between the county and the property owner, the county shall cause the property owner to be billed on a periodic basis and provide for the collection thereof. Payment by the property owner must be no less than the amount billed but may be for the full amount outstanding. Partial payment for the minimum amount billed will not be accepted nor will partial payment for any outstanding balance be accepted. (e) No connection fee shall be required when connection is to be made to an existing service previously used by another building when no work is required by the county to ready said service for connection. (f) Projects served by master meter may be: Single-family, duplexes, apartments, condominiums, mobile home parks, hotel, motel, travel trailer complex, hospital, nursing homes, shopping centers, strip malls, etc. (g) Upon payment of the connection fee, the county will install water line taps and service lines for residential cannPrtinns that rin not axr.PPd a three -Quarter -inch meter size at no cost to the owner of the improved property to be connected. Charges for water line taps that require the work of subcontractors to the county will be billed to the owner of the improved property at the actual cost of service. The owner shall indemnify and save harmless the county from all loss or damage that may be occasioned, directly or indirectly, as a result of construction to install the residential water service. (h) All costs and expenses to install all other water services shall be borne by the owner of the improved property to be connected and such owners shall indemnify and save harmless the county from all loss or damage that may be occasioned, directly or indirectly, as a result of construction to install the water service. (11-21-96; 6-17-99; 4-25-00; 9-20-01; 6-20-02; 1-16-03; Ord, No_ 2010-6-C, 3-24-10: Ord. No. 2012-6-C, 6-28-12.) Sec. 16.1-17. Conditions of service. All customers of water shall be supplied upon the terms of and shall comply with the following before water is supplied to the premises.- (a) remises:(a) The customer desiring water service shall sign a contract prepared for that purpose prior to receiving water service. A separate contract shall be required for each premises. (b) When a cislomer executes a contract for initial water service, or moves water service account from one location to another, a new account fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, shall be charged for establishing the new account and turning on the water at the new location, except as exempted herein. (c) All customers shall pay a deposit prior to the initiation of wafer service, except those as exempted herein. The customer desiring water service shall deposit with thE3 county an amount equal to the average bill for that category of water customer for which water service is being requested, including charges for sewer service and utility taxes based thereon, if any, for four months. The amount of said deposit shall be determined administratively, and adjusted from time to time, as necessary. (d) The contract and deposit may be transferred by the county from the location for which it was initially requested to any other location to which the applicant may move, if within the utility service area of the county. (e) A customer may be exempted from the payment of deposit (section 16.1-17(c)) or new account fee (section 16.1-17(b)) if the customer was an a private water system acquired by the county, and the acquisition included a deposit previously paid by the customer, which is transferred to the county with the acquisition of the water system. (f) Any deposits paid by a water service customer and held by the county shall be returned, upon request, without interest, after said deposit has been held by the county for six consecutive billing cycles provided said account has not been delinquent during this period- Should the account become delinquent at any time during said six consecutive billing cycles, the deposit shall be retained by the county until six consecutive billing cycles have occurred without any delinquency in payments. Upon the satisfactory completion of the six consecutive billing cycles said deposits may be credited to the next bill, provided all outstanding debts have been paid for all county services and taxes. (g) In addition to fees charged for termination of service for nonpayment, the county may charge an additional administrative fee to cover cost associated with the collection of accounts as may be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended,. (h) On a yearly basis, the Isle of Wight County Treasurer's Office shall prepare a list of accounts deemed to be uncollectible. Said list shall be reviewed and approved by the finance department and the county administrator. Upon approval of the county administrator these uncollectible funds shall be administratively written off in accordance with acceptable accounting methods. (i) All customers desiring new water service are responsible for making certain the plumbing on the private side of the water meter meets the most current plumbing code_ (j) All customers are responsible for their plumbing on the private side of the water meter including any improvements or modifications made necessary by connection to the county system or to accommodate county initiated system changes. (11-21-96; 7-17-03; Ord, No. 2010-6-C, 3-24-10; Ord. No. 2012-6-C, 6-28-12.) Sec. 16.1-39. Penalties for noncompliance. (a) Any person who shall violate any provision of this article, or any of the conservation regulations promulgated by the director of general services pursuant thereto, shall, upon conviction thereof, in addition to additional charges and/or other actions set forth herein, be fined not more than five hundred dollars_ Each act or each day's continuation of a violation shall be considered a separate offense. (b) In addition to the foregoing, the director of general services may suspend water service to any person violating the provisions of this article or the regulations promulgated hereunder_ If such water service is terminated, the person shall pay a reconnection fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, plus all outstanding fines and fees before service will be restored. In the event reconnection is requested after normal business hours, additional administrative fees may apply as determined by the director of general services. (5-21-09.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 16.2, Weapons, is hereby amended and reenacted as follows: CHAPTER 16.2. WEAPONS. Sec. 16.2-1. Concealed handgun permits. Pursuant to section 18.2-308 of the Code of Virginia of 1950, as amended, any person twenty-one years of age or older may apply in writing to the clerk of the circuit court of the county of Isle of Wight, Virginia, if lie resides therein, for a permit to carry a concealed handgun. As a condition thereof, the applicant shall submit to fingerprinting by the sheriffs department of Isle of Wight County, Virginia and provide personal descriptive information to be forwarded with the fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose -of obtaining criminal history records information regarding the applicant and obtaining fingerprint identification information from federal records pursuant to criminal investigations by state and local law enforcement agencies. Upon return of the fingerprint cards to the sheriffs department by the state police, the sheriffs department shall then promptly notify the applicant that he has twenty-one days from the date of the notice to request return of the fingerprint cards. All fingerprint cards not claimed by the applicant within twenty-one days of notification by the sheriffs department shall be destroyed. Fingerprints taken for the purposes described in this section shall not be copied, held or used for any other purposes. The full amount assessed for processing an application for a permit shall be fifty dollars to be paid in one surn to the clerk of the circuit court. Out of this amount, the clerk shall retain ten dollars for processing the application and issuing the permit. The sheriffs department of Isle of Wight County. Virginia, will be paid thirtv-five dollars to cover the cost of conductinn the investigation pursuant to this section. The thirty-five dollars shall include any amount assessed by the Federal Bureau of Investigation for providing criminal history record information and the sheriffs department shall forward the amount assessed by the Fcderal Bureau of investigation to the state police with the fingerprints taken from the applicant_ A fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, shall be paid to the state police to cover their costs associated with processing the application. (7-17-97.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 17, Wetlands Zoning, is hereby amended and reenacted as follows: CHAPTER 17. WETLANDS ZONING. Sec. 17-3. Application for use permits—Generally. (a) Any person who desires to use or develop any wetland within this county, other than for the purpose of conducting the activities specified in section 17-2 of this chapter, shall first file an application for a permit directly with the wetlands board or with the commission. (b) The permit application shall include the following: the name and address of the applicant; a detailed description of the proposed activities; a map, drawn to an appropriate and uniform scale, showing the area of wetlands directly affected, the location of the proposed work thereon, the area of existing and proposed fill and excavation, the location, width, depth and length of any proposed channel and disposal area, and the location of all existing and proposed structures, sewage collection and treatment facilities, utility installations, roadways, and other related appurtenances or facilities, including those on adjacent uplands; a description of the type of equipment to be used and the means of equipment access to the activity site; the names and addresses of owners of record of adjacent land and known claimants of water rights in or adjacent to the wetland of whom the applicant has notice; an estimate of cost; the primary purpose of the project; any secondary purposes of the project, including further projects; the public benefit to be derived from the proposed project; a complete description of measures to be taken during and after the alteration to reduce detrimental off-site effects; the completion date of the proposed work, project or structure; and such additional materials and documentation as the wetlands board may require_ (c) A nonrefundable processing fee to cover the cost of processing the application, in an amount as shall be set forth in the Isle of Wight County uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, shall accompany each application. (3-4-93, § 4.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Appendix A, Subdivisions, is hereby amended and reenacted as follows; APPENDIX A. SUBDIVISIONS. 3.2. Review and approval procedures. 3.2.1.General. A. Authority to file applications. 1. Applications may be initiated by the owner of the land being subdivided or the owner's authorized representative. The subdivision agent may require an applicant to present evidence of authority to submit the application. 2. All real estate taxes and any outstanding fees or charges shall be current prior to submission of an application for any activity regulated under this ordinance. B. Pre -application conference. 1. Before submitting an application for development approval, it is recommended that each applicant schedule a pre -application conference with the subdivision agent to discuss the procedures, standards and regulations required for development approval in accordance with this ordinance. 2. A mandatory pre -application conference with the subdivision agent shall be required for the following development reviews: a. Any subdivision that will require public infrastructure; and b. All applications for major subdivision. C. Application requirements. ..... The following requirements shall apply to all applications for subdivision approval. Applications for reapproval of an expired approval shall be processed in the same manner as any other application. Forms....., Applications required under this ordinance shall be submitted on forms and in such numbers as required by the appropriate department. All forms shall include, at a minimum, the following information: a. Contact information for the individual or firm submitting the application and all property owners, including principals of a corporation or other entity. b. Contact information for the individual or firm on whose behalf the application is being submitted. C. Identification of the property affected by the application, such as a legal description, address, or parcel identification as may be appropriate. d. Any other information required by the subdivision agent or the provisions of this ordinance. e. A full listing of application requirements may be found in appendix B of this ordinance. Fees. a. Filing fees shall be as set forth in the Isle of Wight County uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, in order to defray the actual cost of processing the application, Fees Shall be paid with the appropriate departmeiii. C. An applicant who has paid the appropriate fee pursuant to the submission of an application, but who chooses to withdraw such application prior to its distribution for review shall be entitled to a refund of the total amount paid, less ten (10) percent for administrative costs, upon written request to the appropriate department. Once distribution for review has bequn, no refund shall be available. Applications sufficient for processing. Applications shall contain all required information listed on forms available from each department involved in the review process, unless modified by the department, in writing, pursuant to item b., below. Incomplete applications shall not be entitled to review. The presumption shall be that all of the information required in the application forms is necessary to satisfy the requirements of this section. However, it shall be recognized that each application is unique, and therefore more or less information may be required according to the needs of the particular case. The applicant may rely on the recommendations of the appropriate department as to whether more or less information should be submitted. C. Once the application has been determined sufficient for processing, copies of the application shall be distributed by the subdivision agent to the appropriate reviewing entities. 4. Development review meeting after application submitted. Upon receipt of comments from appropriate review entities, the subdivision agent may convene a development review meeting including all appropriate review agencies, which may include the applicant, to ensure compliance with the following - 1. The applicable requirements of this ordinance; 2. That the applicant has submitted all of the information helshe intends to submit; and That the application represents precisely and completely what the applicant proposes to do. Once the subdivision agent deems that all options have been exhausted to address all review comments and recommendations, and all requirements have been met the application shall be placed on the agenda of the appropriate reviewing board, department, or committee in accordance with standard procedures. However_ if the subdivision agent believes the application is incomplete, a recommendation to deny the application on that basis shall be provided to the appropriate board, department, or committee. Related or concurrent applications. a. Applications for necessarily related development approvals may be filled and reviewed simultaneously, at the option of the applicant. Any application that also requires a rezoning shall not be eligible for final approval until the rezoning has been granted (see section 3.2.3.C, zoning requirements). Related applications submitted simultaneously are subject to approval of all other related applications; deferral or denial of any concurrently submitted application shall slop consideration of any related applications until the deferred or denied application is resolved. D. Notice and public hearings Summary of notice required..... Notice shall be required for applications for development approval as shown in the table below* Published as#ed Major subdivision - Preliminary plat approval Waiver — - Subdivision ordinance text amendment 2. Public notice requirements. a. Published notice...... Published notice shall be provided in conformance with Section 15.2-2204 of the Virginia Code. A distinctive advertisement shall he placed in a local newspaper of general circulation once a week for two (2) successive calendar weeks, the first notice being published not more than twenty-one (21) days before the date fixed for the public hearing and the second notice being published at least five (5) days before the hearing. At minimum, the notice must contain the following information. - 1 ) nformation.- 1) The time, date and location of the public hearing; 2) A description of the action requested; 3) A phone number to contact the county; and 4) A statement that interested parties may appear at the public hearing, b_ Posted notice_ _.... In addition to notice of hearings as required by the applicable statutes of the Commonwealth of Virginia. when posted notice is required, the applicant must erect on or immediately adjacent to the subject property a sign or signs as specified below giving public notice of the action required. 1) The sign must meta the following criteria: [a) Reserved.] b) The wording, size and co`.or of such sign shall be as specified by the subdivision agent and approved by the board of supervisors. C) One (1) sign must be erected so as to be visible and legible to each abutting public street. Where the property has extensive road frontage, one (1) sign shall be erected for each five hundred (500) feel of frontage. d) When a property has no frontage directly on a public street, it shall be posted adjacent to the nearest public street from which future access is contemplated. 2) Signs must be erected at least seven (7) calendar days before the hearing where the application is to be considered and removed by the applicant within two (2) days after the final public hearing on the application 3) Signs are required for each hearing at which the application is considered. 4) It is unlawful for any person to pull down, write on, cut or otherwise injure or deface required posted notice, wh;ch will constitute violation of this ordinance a) The applicant is responsible for the maintenance or replacement of signs obliterated or destroyed during the posting period_ 5) The additional requirements for public notice and posting on the property are for the benefit of the public to identify the location of the property in question and advanced knowledge of a hearing only: and is not a legal requirement of notice. The failkire to comply with the provisions herein does not defeat the action of the approving authority concerning the application The only legal notice requirements are those providEd by the statutes of the Commonwealth of Virginii.:. 3. Constructive notice. ..,,. Minor defects in notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements. E. Required hearings and meetings...... A hearing shall be required for development review as shown in the table below: rocedure'— Planning hoard of _ lGommission Supervisors Major su_b_ division __Preliminary plat approval Public meeting Public meeting Waiver Public meeting Public meeting Subdivision ordinance text amendment Public hearing Public hearing Appeal of administrative decision , Public hearing F. Notice of decision_ ..... Within fourteen (14) days after a decision is made, a copy of the decision shall be sent to the applicant. G. Withdrawal or postponement of application. 1. An applicant may withdraw an application at any time, by filing a statement of withdrawal with the subdivision agent 2. The statement of withdrawal shall be signed by all persons who signed the application, or in the event of death or incompetence, by the estate's lawful personal representative_ 3_ An applicant may postpone a scheduled hearing once per application for up to ninety (90) days after the date the first hearing was schedu":ed to occur, after which the subdivision agent may withdraw the application. 3.2. Review and approval procedures. 3.2.6. Subdivision, preliminary plat review and approval. A. Applicability, preliminary plat required, ..... A Preliminary Plat shall be required for all subdivisions except family member subdivisions (see section 3,2.4_ above)_ B. Pre -application conference. A pre -application conference is encouraged for all subdivision applications and may be required (see section 3.2 1.13) C. L" E. Application requirements 1. General. a. An application for preliminary plat shall be filed in conformance with section 3.2.1.C. A listing of the minimum required information to be included in the preliminary plat may be found in article 4, plat requirements and more specifically in section 4.2.2, preliminary plat requirements. b. All required application and review fees shall be paid by the applicant as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended. 2. Preparer. .... The preliminary plat shall be prepared by a land surveyor or other person(s) licensed by the state board for the examination and certification of architects, professional engineers and land surveyors to do land surveying as defined by Section 54.1-406 of the Code of Virginia, as amended, who shall endorse upon each plat a signed certk'ficate setting forth the source of the title of the land subdivided, and the plat of record of the last instrument in the chain of title When the proposed plat is comprised of land acquired from more than one (1) source of title, the outlines of the several tracts shall be indicated upon the preliminary plat, within an inset block, or by means of a dotted boundary line upon the preliminary plat. Owner's statement...... In conformance with Section 15.2-2264 of the Code of Virginia, every such preliminary plat, or the deed of dedication to which the preliminary plat is attached, shall contain a statement to the effect that the subdivision as it appears on this preliminary plat is with the free consent and in accordance with the desires of the owners, proprietors and trustees, if any. This statement shall be signed by the owners, proprietors and trustees or their duly authorized agent, and shall be duly acknowledged before some officer authorized to take acknowledgements of deeds_ If the preliminary plat is incorporated by reference to a deed, the signatures of the owners on the deed will suffice to show that the subdivision is with their free consent and in accordance with their desires. Subdivision types. Minor subdivisions...... Any subdivision involving fewer than ten (10) lots which satisfies the following requirements may be considered a minor subdivision: a. No new public or private streets are created; b. No public stormwater facilities for water quality or quantity are required; and C. No new public utilities are to be installed. 2. Major subdivisions. ..... Any subdivision not meeting the definition of family member subdivision (as defined in section 3.2.4) or minor subdivision is considered a major subdivision. 3. Clusterlsliding scale "by -right" subdivisions...... Any subdivision meeting the requirements of section 3.2.3.C. Approving authority. Minor subdivision - Administrative approval...... The subdivision agent shall have the authority to approve preliminary plat applications for minor subdivision (see section 3.2.6.D.1, above). Major subdivision. ..... The board of supervisors shall be the approving authority for applications for major subdivision following a recommendation by the planning commission (see section 3.1.1.A, above). 3. Clusterlsliding scale "by -right" subdivisions - Administrative approval. ..... The subdivision agent shall have the authority to approve clusterlsliding scale "by -right" applications. F. Public notice. Public notice shall be provided in conformance with the table in section 3.2.1.D. At minimum, all applications to be acted upon at a hearing before the planning commission (see section 3.2.1.E) shall be advertised. 2. Notification may also be required to the Virginia Department of Transportation, Isle of Wight County School Board, Isle of Wight County Health Department, or any other agency with review or approval authority on the application. G. Action by subdivision agent. 1. Review agencies (internal and external) shall review the preliminary plat application to determine whether or not the preliminary plat generally conforms to the requirements of this subdivision ordinance, the zoning ordinance, and other applicable rules and regulations, and transmit comments back to the subdivision agent, This review may include a meeting with the applicant. 2. Within sixty (60) days of receipt of a completed application, the subdivision agent shall provide written comments to the applicant stating any revisions that will be required, and the character and extent of public improvements that will have to be made, A bona fide estimate of the cost of construction or improvements must be furnished by the applicant upon submittal of the construction plan. The amount of the performance bond (if required) must be reviewed and approved as a prerequisite to approval of the final plat. In determining the cost of required improvements and the amount of the performance bond (if required), the agent may consult with a duty licensed engineer who shall prepare this data for the agent. 3. if the subdivision agent determines that only minor corrections to the application are required, the agent may approve the preliminary plat (minor subdivision) with conditions that the corrections be remedied prior to final plat approval, or schedule the application for review at the next regularly scheduled planning commission meeting (major subdivision). If required corrections are extensive, the applicant shall correct the preliminary plat before further action is taken by the subdivision agent. H. Action by other review bodies. 1. Upon receipt of a completed application, the subdivision agent shall transmit copies of the application to all other agencies and entities with review authority over the proposed subdivision. This may include, but is not limited to' Isle of Wight County Superintendent of Schools; b. Isle of Wight County Health Department; G. Virginia Department of Transportation (VDOT); d. Virginia Department of Conservation and Recreation (VDCR); e. Virginia Department of Environmental Quality (VDEO); and f. Virginia Marine Resources Commission (VMRC). It will be the responsibility of the applicant to obtain required permits from the U.S. Army Corps of Engineers and submit plats to them accordingly_ 2. The review body shall review the application for conformance with all of its pertinent rules and regulations and provide written comments to the subdivision agent. It is anticipated that external review of an application will be completed in thirty (30) days or less_ However, additional time may be required due to the scope of complexity of an application. Appeals of decisions or comments made by external review entities may be taken in the manner provided by the specific entity. Action by the planning commission (major subdivisions). When all requirements have been met, the preliminary plat applrcalion. along with all review comments, shall be considered by the planning commission within sixty (60) days unless an extension is requested by the applicant or as otherwise provided for in the Code of Virginia. 2. After hearing a recommendation from the subdivision agent, the planning commission shall review the application for compliance with the adopted Isle of Wight County land use plans, including the comprehensive plan; proffered conditions; and conformance with tho requirements of this subdivision ordinance, the zoning ordinance, and other applicable rules and regulations. The planning commission may make a recommendation to approve the preliminary plat as is, approve the plat subject to corrections, defer action for additional information or corrections, or make a recommendation to deny the application. The subdivision agent shall notify the applicant in writing of the decision on the application. In the case of conditional approval, deferral, or denial, the commission shall include the reasons for such action. 4. In the case of a deferral or recommendation for denial, the applicant may take the application directly to the board of supervisors without laking corrective action. However, the application shall be deemed to be recommended for denial by the planning commission in this case. Action by the board of supervisors (major subdivisions) 1. Upon recommendation by the planning commission, the preliminary plat application, along with all review comments, shalt be considered by the board of supervisors within sixty (60) days unless an extension is requested by the applicant or as otherwise provided for in the Code of Virginia. 2. After hearing a report from the subdivision agent, the board of supervisors shall review the application for compliance with the adopted Isle of Wight County land use plans, including the comprehensive plan; and conformance with the requirements of this subdivision ordinance, the zoning ordinance, and other applicable rules and regulations. The board of supervisors may approve the preliminary plat as is, approve the plat subject to corrections, defer action for additional information or corrections, or deny the application. The subdivision agent shall notify the applicant in writing of the decision on the application within ten (10) days of the hearing. In the case of conditional approval, deferral, or denial, the subdivision agent shall include the reasons for such action. K. Appeal. 1. Appeal of subdivision agent decision...... Appeal of a decision by the subdivision agent may be taken in conformance with section 3.2.12, appeal of administrative decision. 2. Appeal of board of supervisors decision...... Appeal of a decision by the board of supervisors on an application for preliminary plat may be taken by filing a written petition for certiorari with the circuit court of Isle of Wight County within sixty (60) days of the action. L. Revisions to approved preliminary plat. 1. The subdivision agent may approve minor revisions to an approved preliminary plat which do not change the basic street andlor lot configuration, or result in any changes that would require review by an external review body (see section 3.2.6.1-1, above). Significant changes to an approved preliminary plat, as determined by the subdivision agent, shall be resubmitted for review and approval as if a new application. M. No guarantee. ..... Preliminary plat approval does not constitute a guarantee of approval of construction plans or tite final plat. N. Duration of preliminary plat validity .. . The applicant shall have not more than twelve (12) months after receiving official notification concerning the preliminary plat to file an application for final plat approval with tlse subdivision agent in accordance with section 3.2.8, subdivision, final plat Failure to do so shall make the preliminary plat approval null and void. The subdivision agent may, on written request by the applicant, grant a one-time extension of this time limit for up to ninety (90) days. NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Appendix B, Zoning, is hereby amended and reenacted as follows: APPENDIX B. ZONING. Sec. 1-1012. General permit requirements. A. Severability...... Nothing in this section or other sections of this ordinance shall be construed to exempt any applicant for a permit from compliance with all local, state, and federal codes, statutes, and regulations_ 8. Permit authorization_ 1. Zoning, use and occupancy permits issued on the basis of required plans and applications approved by the zoning administrator shall authorize only the use, arrangement and construction set forth in such permits, plans, and no other. The use, arrangement, or construction significantly deviating with that authorization shall be deemed a violation of this ordinance. 2. All departments, officials and public employees of Isle of Wight County, which are vested with the duty or authority to issue permits or licenses shall do so in conformance with the provisions of this ordinance. Such departments and personnel shall issue permits for uses, buildings or purposes only when they are in harmony with the provisions of this ordinance. Any such permit, if issued in conflict with the provisions of this ordinance, shall be null and void. C. Who may submit permit applications. 1. Applications for permits will be accepted only from the property owner or the property owner's authorized representative. The zoning administrator or designated representative may require an applicant to provide evidence of his authority to submit the application. 2. All real estate taxes and any outstanding fees or charges must be current at such time an application is submitted for any activity regulated under this ordinance, D Applications to be complete. All applications for permits listed in this article must be complete before the application is to be considered. An application is complete when it contains all of the information that is necessary to decide whether or not the development, if completed as proposed, will comply with all requirements of this ordinance. 2. All prescribed application or permit fees as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, must be paid. E. Compliance with the Chesapeake Bay Preservation Area Ordinance...... Any structure or use which is subject to the provisions of this ordinance and located upon any lot, parcel, or tract of land located within the designated Isle of Wight County Chesapeake Bay Preservation Area shall be in compliance with the Isle of Wight County Chesapeake Bay Preservation Area Ordinance, located in Appendix B-1 of the Isle of [Wight] County Code. F. Compliance with the Isle of Wight Erosion and Sediment Control Ordinance...... No excavation or land disturbance associated with any structure or use shall begin until such time as an erosion and sediment control plan is reviewed and approved by the department of planning and zoning and a permit for such disturbance is issued. G. Compliance with subdivision ordinance...... Any newly created parcel, lot or tract shall comply with the provisions of this ordinance and the Subdivision Ordinance of Isle of Wight County. (7-7-05.) Sec. 5-5006. Supplementary use regulations for industrial use types. A. Abattoir or livpstock processing. General development standards: a. Waste or any decomposable residue from the livestock processing or abattoir operation shall only be disposed of in strict compliance with any applicable state regulations Measures shali be developed to mitigate obnoxious odors, dust, smoke. or similar nuisances, C- Any livestock processing or abattoir operation shall meet the requirements of site plan review and approval set out in article Vit_ d. Design, construction, and operation of the facility must meet or exceed the requirements of all current state and federal regulations, Specifically, the operation must conform to any guidelines or specifications concerning such design, construction, and operation as published or otherwise disseminated by the U.S. Department of Agriculture. Livestock processing or abattoirs may be permitted in the rural agricultural conservation (RAC) district subject to the following standards: a. No livestock processing or abattoirs shall be constructed or established within one -half - mile radius of any property zoned residential. A minimum of twenty (20) acres is required for any livestock processing or abattoir operation, If the operation includes a feedlot, the minimum area required shall be increased subject to any applicable regulations promulgated by the Virginia Department of Environmental Quality pertaining to the confinement of livestock. c_ Stock pens or buildings or structures associated with the livestock processing or abattoir operation shall be at least three hundred (300) feet from any public right-of-way and must be at least five hundred (500) feet from any property line of any properly not associated with the abattoir. 3. Livestock processing or abattoir operations may be permitted in the general industrial, (GI) zoning district subject to the following standards: a. Minimum acreage: Five (5). Minimum setback: Two hundred (200) feet, from the nearest properly line_ except that a retail sales outlet may be a minimum of seventy (70) friet from any public right-of-way. B. Asphalt plant. ..... General standards: In considering a conditional use permit request for an asphalt plant, in addition to the general standards contained in section 1-1017 of this ordinance, the board shall specifically consider and set standards for the following: The maximum height of any structure and any additional setback requirements necessary to compensate for any increased height, b. Specific measures to control dust during the construction and operation of the plant. C. Specific leve}s of noise permitted during the daytime and nighttime operation of the plant, as measured at adjacent property lines, and any additional requirements for the design or operation of the plant intended to reduce noise. All commercial veh;cles used in conjunction with the asphalt plant shall be fully screened from the public right-of-way, from adjacent properties by masonry or concrete walls designed to be compatible with the principal building that it serves. 3. The outdoor storage of tools, bulk or bag materials, and similar items shall only be allowed within a fully screened storage area. C. Construction yard. ... General standards, All materials stored on the property shall be placed in a storage yard. The storage yard shall be fully screened from public view and shall be set back at least one hundred (100) feet from any adjoining residential district, in addition to meeting the landscaping zone requirements of article VIII. In considering a conditional use permit request for a construction yard, in addition to the above standards and the general standards contained in section 1-1017 of this ordinance, the board may consider and set standards for the following.- Provisions ollowing: Provisions for screening of any vehicles, equipment, materials and storage yards in accordance with article VIII. b. The maximum height of any structure and any additional setback requirements necessary to compensate for any increased height. C, Specific measures to control dust on the site, In the VC district, the following standards shall apply: a. The maintenance and repair of all vehicles and equipment shall be conducted within an enclosed building, D. Landfill, industrial, ..... No site shall be developed as an industrial landfill except in the conformance with the zoning district regulations as a conditional use Minimum standards for an industrial landfill shall be as follows: 1. A minimum buffer two hundred (200) feet in width is required adjacent to residential districts or uses and a minimum buffer one hundred (100) feet in width is required adjacent to public rights-of-way. 2. The additional standards required in subsection 5-50065.3., below, for a sanitary landfill. E. Landfill, rubble...... No site shall be developed as a rubble landfill and no existing rubble landfill shall be enlarged or altered except in conformance with the zoning district(s) regulation(s) as a conditional use. Minimum standards for a rubble landfill shall be as follows: Minimum lot area of ten (10) acres shall be required. 2. A minimum buffer two hundred (200) feet in width is required adjacent to residential districts or uses and a minimum buffer one hundred (100) feet in width is required adjacent to public rights-of-way. The additional standards required in subsection 5-5006.F.3., below. for a sanitary landfill. F. Landfill, sanitary. ,,,., No site shall be developed as a sanitary landfill or solid waste disposal site, and no existing sanitary landfill shall be enlarged, altered, or changed in use, except in conformance with the zoning district regulations of this ordinance and the following provisions: 1- Minimum lot area of one hundred (100) acres shall be required. 2. A minimum buffer three hundred (300) feet in width is required adjacent to residential districts or uses and a minimum buffer, one hundred fifty (150) feet in width is required adjacent to public rights-of-way, Additional standards for landfills: a. Access from paved streets is required. Said streets shall be able to withstand maximum load limits established by the Virginia Department of Transportation (VDOT). b. Access shall not be through any residential subdivision or development, c_ In addition to, and to the interior of, any required buffer zone plantings, a minimum six- foot -high solid board fence or masonry wall shall be required around all property lines adjacent to property zoned or developed for residential uses. d. The operation of the sanitary landfill shall comply with all applicable federal, state, and county licensing, permits, and authorization. G. Recycling center...... General standards: 1. Where receptacles for recyclable materials are located outside of a building, they shall be located so as to not disrupt or interfere with on-site traffic circulation, required fire lanes or required parking, loading or stacking areas. 2. Specific circulation pattern shall be established to provide safe and easy access to recycling receptacles. Adequate space shall be provided for the unloading of recyclable materials. 3. A regular schedule for picking up recycled materials shall be established and maintained, 4_ The site shall be maintained free of litter. 5. Where receptacles for recyclable materials are located outside of a building, they shalt be screened from public view in accordance with the screening zone specifications of arficle VIII. H. Resource extraction...... When established as a conditional use, processing and removal of sand, gravel, or stone, stripping of topsoil (but not including stripping of sod), and borrow pits, shall be subject to the following standards: 1. Exemptions a. Any operator engaging in mining and disturbing less than one (1) acre of land and removing less than five hundred (500) tons of material at any particular site is exempt from the provisions of this ordinance; providing: however: i. Excavation or grading when conducted solely in aid of on-site farming or construction. ii. Each person intending to engage in such restricted mining shall submit an application for exemption, a sketch of the mining site and an operations plan to the zoning administrator, who shall approve the application if lie determines that the issuance of the permit shall not violate the provisions of this ordinance. 2. Permit required, ..... It shall be unlawful for any person, firm, partnership or corporation to break or disturb the surface soil or rock in order to facilitate or accomplish the extraction or removal of minerals, ores, rock or other solid matter including any activity constituting all or part of a process for the extraction or removal of minerals, ores, rock or other solid matter so as to make them suitable for commercial, industrial, or construction use but does not include those aspects of deep mining not having significant effect on the surface without first obtaining a conditional use permit to do so from the board of supervisors of Isle of Wight County. Nothing herein shall apply to strip mining of coal. Such permits shall not be transferable. 3. Application and procedures. ..... The application shall be signed by the operator and the landowner and when issued shall be issued in the name of the operator and shall not be transferable between operators. The application fee shall be as set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended. A permit shall be obtained prior to the start of any mining operation. If, within ten (10) days of the anniversary date of the permit, the zoning administrator, after inspection, is satisfied that the operation is proceeding according to the plan submitted to and approved by the board of supervisors, then the zoning administrator shall renew the permit upon payment of a renewal fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended.. The renewal fee is to be calculated based upon the acreage to be affected by the total operation in the next ensuing year. If the operator believes changes in his original plan are necessary or if additional land not shown as part of the approved plan of operation is to be disturbed, he shall submit an amended plan of operation, which shall be approved by the board of supervisors in the same manner as an original. ApplicalFon for excavation permits shall be directed to the board of supervisors of Isle of Wight County and shall be filed with the zoning administrator. The application shall include the following information and attachments: a. The common name and geologic title, where applicable, of the mineral, ore or other solid matter to be extracted; b. A description of the land upon which the applicant proposes to conduct mining operations, which description shall set forth the location of ils boundaries and any other description of the land to be disturbed in order that it may be located and distinguished from other lands and easily ascertainable as shown by a map attached thereto showing the amount of land to be disturbed; C. The name and address of the owner or owners of the surface of the land,- d. and;d. The name and address of the owner or owners of the mineral, ore or other solid matter; e. The source of the operator's legal right to enter and conduct operations on the land to be covered by the permit; f. The total number of acres of land to be covered by the permit, g. A reasonable estimate of the number of acres of land that will be disturbed by mining operations on the area to be covered by the permit during the ensuing year; h. Whether any borrow pit permits of any type are now held by the applicant and the number thereof; Name and address of the applicant, if an individual; the names and addresses of all partners, if a partnership; the state of incorporation and the name and address of its registered agent, if a corporation; or the name and address of the trustee, if a trust; If known, where the applicant or any subsidiary or affiliate or any partnership, association, trust or corporation controlled by or under common control with the applicant, or any person required to be identified by subsection 3.i. of this section, has ever had a borrow permit of any type issued under the laws of this or any other state revoked or has ever had a mining or other bond, or security deposit in lieu of bond, forfeited; k. The application for a permit shall be accompanied by the minimum number of copies required by the application of an accurate map or plan and meet the following requirements: L Be prepared by a licensed engineer or licensed surveyor, ii Identify the area to correspond with the land described in the application, iii Show adjacent deep mining, if any, and the boundaries of surface properties, with the names of the owners of the affected area which lie within one hundred (100) feet of any part of the affected area, iv. Be drawn to a scale of four hundred (400) feet to the inch or better, Show the names and locations of all streams, creeks or other bodies of public water, roads, buildings, cemeteries, oil and gas wells, and the utility lines on the area affected and within five hundred (500) feet of such area, vi. Show by appropriate markings the boundaries of the area of land affected, the outcrop of the seam at the surface or deposit to be mined, and the total number of acres involved in the area of land affected, vii. Show the date on which the map was prepared, the north arrow and the quadrangle name, viii. Show the drainage plan on and away from the area of land affected, including the directional flow of water, constructed drainage ways, natural waterways used for drainage and the streams or tributaries receiving the discharge; 1. Provide information delineating the vehicular access to be utilized by the excavation operator and a statement listing the various public streetsihighways to be used as haul routes; M. Provide an erosion and sedimentation control plan designed in accordance with all applicable state and county requirements related to land -disturbing activities; n. Provide an estimation of the total number of cubic yards to be excavated; 0. Provide the total number of cubic yards excavated over the previous five (5) years of operation if the extraction operation is existing; p. Provide the proposed date on which excavation operations will commence, the proposed date on which such operation will be completed and the proposed date all required restoration measures will be completed, q. The name and address of the operator. No permit shall be issued by the board of supervisors until the planing commission and zoning administrator have approved the plat` of operation and the bond from the applicant as hereinafter provided. 4. Operations plan required. ..... Thf: application for a permit shall be accompanied by an operations plan in such form and with such accompanying material as the zoning administrator shall require_ The operations plan shall describe the specifications for surface grading and restoration, including sketches, delineating placement of spoil, stockpiles and tailing ponds, to a surface that is suitable for the proposed subsequent use of the land after reclamation is completed. The operations plan shall include a provision for reclamation of all land estimated to be affected by the mining operation for which the permit is sought. The reclamation provision shall be in such form and contain such accompanying material as the zoning administrator shall require and shall state: a. The planned use to which the affected land is to be returned through reclamation; b Proposed actions to assure suitable reclamation of the affected land for the planned use to be carried out by the applicant as an integral part of the proposed mining operation and to be conducted simultaneously insofar as practicable. The board shall set schedules for the integration of reclamation with the mining operation according to the various individual mineral types. 5. Reclamation...... It shall be the policy of the board of supervisors to encourage adoption of productive land use, such as pasture, agricultural use, recreational areas, sanitary landfills, forestry and timberland operations, industrial and building sites, and to consider the general original contour in determining the particular reclamation program for the acreage. The reclamation shall be conducted simultaneously with the mining operation insofar as practicable and shall be completed within six (6) months of the expiration of the permit. The zoning administrator may require an amendment to the operations plan to meet the exigencies of any unanticipated circumstances or event. 6. Application processing. ..... The zoning administrator shall transmit the application to the planning commission for consideration by said planning commission. The planning commission shall consider the location of the proposed excavation and the plans accompanying the application. The planning commission shall make its recommendation to the board of supervisors for approval, disapproval or amendment of the application. Operating and development requirements s3. Setbacks for borrow pits and other excavations. _.__. The edge of an excavation area for borrow pits and other purposes shall be located at least such distance as to protect adjoining property from collapse, caving or sliding, but in no event shall such excavation areas be less than two hundred (200) feet from adjoining property lines or others. The setback area shall not be used for any purpose during the period of excavation, including overburden and spoil storage, except as access and temporary topsoil storage. b_ Access roads. .._. All access roads shall be constructed so as to intersect as nearly as possible at right angles with public streets and highways and no access road shall intersect any public road at any angle of less than sixty (60) degrees. Where necessary. dust control measures shall be taken. c. Roadside landscape..,.,. Existing trees and ground cover along public street frontage shall be preserved for a depth of two hundred (200) feet, maintained and supplemented during the period of excavation, if deemed desirable by board of supervisors with a recommendation from the planning commission. The type, design and spacing of supplementary planting shall be approved by the zoning administrator. Fencing/gate requirements. ...._ The zoning administrator, as herein defined, may require the entire excavation operation to be fenced with gates constructed at all entrances to be kept locked at all limes when not in use. The zoning administrator shall determine the type of fencing and gates taking into consideration the activity to be conducted, the location of the site relative to adjoining property owners, degree of development of the surrr.unding area, visibility of the site as an attractive nuisance, and potential of the site for unauthorized accessibility by the public 6. Restoration requirements_ a. Minimum slope of banks...... All slopes around the edge of the excavated area shall be left with a slope no less than three (3) feet horizontal to one (1) fool vertical to the bottom. b. Leveling of bottom area .... All excavated areas shall be left in a level state. C. Topsoil restoration and planting. ..... All areas not inundated shall be covered with topsoil and seeded, as may be required by the zoning administrator, upon the conditions and recommendations made by the appropriate state agencies and officials. d Fencinglgate regwrements. ..... The zoning administrator, as herein defined, may require the entire excavation area to be fenced with gates constructed at all entrances to be kept locked at all times when not in use, in addition to all fencing and gating installed in accordance with the approved reclamation plan. The zoning administrator shall determine the type of fencing and gates taking into consideration the activity to be conducted, the location of the site relative to adjoining properly owners, degree of development of the surrounding area, visibility of the site as an attractive nuisance, and potential of the site for unauthorized accessibility by the public. 9. Bond of operator ... Each operator, before receiving site plan approval, shall furnish bond on a form to be prescribed by the zoning administrator, payable to the County of Isle of Wight and conditioned that the operator shall faithfully perform all of the requirements of this ordinance and of the operations plan and reclamation pian as approved and directed by the board of supervisors. The amount of bond shall be four thousand dollars ($4,000.00) per acre. based upon the number of acres of land which the operator estimates will be affer.ted by the mining operation in the next twelve (12) months. In addition, the zoning administrator may require bond in an amount necessary to complete all phases of operation and restorationtreclamation, plus ten percent (10%) contingency, in the amount recommended and endorsed by a certified engineer, licensed to practice in the Commonwealth of Virginia, and any changes to the approved bond amount would require similar estimations provided by a certified engineer. However, in no event shall such bond be less than four thousand dollars (34,000.00) per acre as hereinabove prescribed. Such bonds shall be executed by the operator and by a corporate surety licensed to do business in this state. provided, however, that in lieu of such bond, the operator may deposit cash, certified check, or collateral securities satisfactory to the zoning administrator. Upon request of the operator, the zoning administrator shall cause an inspection to be made of the land subject to the reclamation plan, and if he approves the reclamation of work completed by the operator, he shall order the return of the bond or other security to the operator. If the zoning administrator does not approve the reclamation work, he shall notify the operator immediately and advise him of what additional steps he deems necessary to satisfactorily complete the reclamation. The bond or security posted by the operator for such land shall not be refunded until he has obtained the zoning administrator's approval as aforesaid. If the operator does not complete the reclamation in accordance with the directions of the zoning administrator within ninety (90) days of such order of such zoning administrator, the administrator may order a forfeiture of the bond or other security posted by the operator and have the reclamation performed with the money so received. Any funds remaining after the costs of the reclamation as aforesaid shall be returned to the operator. Within ten (10) days following the anniversary date of the permit, the operator shall post additional bond in the amount determined by the zoning administrator but not less than one thousand dollars (51,000.00) per acre for mich additional acre of land estimated by him to be disturbed during the next year following the anniversary date of the permit for which no bond has been previously posted by him. Bond or other security previously posted shall be released for the areas disturbed in the last twelve (12) months if reclamation work has been completed and the approval of the zoning administrator obtained as hereinabove provided, 10. Planning commission and board of supervisors...... Upon receipt of a reasonable plan of operation as prescribed hereinabove, the zoning administrator shall present the plan to the planning commission for review and the planning commission shall make its recommendation to the board of supervisors. The board of supervisors may issue the permit with or without conditions to ensure compliance with this ordinance unless they find that the applicant has had control or has had common control with a person, partnership, association, trust or corporation which has a borrow pit permit revoked or bond or other security forfeited for failure to reclaim lands as required by the provisions of this ordinance. It shall be unlawful for any owner or owners of surface rights or the owner or owners of mineral rights to interfere with the operator in the discharge of his obligations to the county for the reclamation of land disturbed by him. If the owner or owners of surface rights or the owner or owners of mineral rights desire to conduct other mining operations on land disturbed by the operator furnishing bond hereunder, such owner or other person shall be in all respects subject to the provisions of this ordinance and the zoning administrator shall then release an equivalent amount of bonds to the operator originally furnishing bond on the disturbed area. 11. Application for permit; adjoining landowners. ..... In addition to all other notice requirements contained in this ordinance and otherwise required by law, all property owners located within one thousand (1,000) feet of the property line of any land proposed to be permitted shall be notified by first class mail at least ten (10) days prior to the planning commission's public hearing. The zoning administrator shall be responsible for this notification. 12. Succession of one (1) operator by another at uncompleted project...... Where one (1) operator succeeds another at the uncompleted operation, whether by sale, assignment, lease, merger or otherwise, the board of supervisors may release the first operator from all Lability under this ordinance as to that particular operation; provided, however, that the successor operator has been issued a permit and has otherwise complied with the requirements of this ordinance, and the successor operator assumes, as part of his obligation under this ordinance, all liability for the reclamation of the area of land affected by the first operator. No fee, or any portion thereof, paid by the first operator shall be returned to either operator. The permit fee for the successor operator for the area of land permitted by the first operator shall be as set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended,. The permit for the successor operator shall be valid for the remaining period left on the original permit. 13. Notice of noncompliance served on operator...... The zoning administrator may cause a notice of noncompliance to be served on the operator whenever the operator fails to obey any order by the zoning administrator to: a. Apply the control techniques and institute the actions approved in the operations and reclamation plan; b_ Comply with any required amendments to the operations or reclamation plan; C. Comply with any other requirement of this ordinance: d. A copy of the notice shall be delivered to the operator or served by certified mail addressed to the operator at the permanent address shown on the application for a permit. The notice shall specify in what respects the operator has failed to obey the order of the zoning administrator and shall require the operator to comply with the order within a reasonable period of time as fixed by the zoning administrator, following service for the notice. If the operator has not complied with the requirements set forth in the notice of noncompliance within the time limits fixed therein, the board of supervisors shall revoke the permit and declare the forfeiture of the entire bond, which, when collected, shall be used by the County of Isle of Wight in performing reclamation under the provisions of this ordinance. 14. Additional bond to cover amended estimate of land to be disturbed. ..... If, during any operation, it is found that the operator's estimate of the amount of disturbed land for which bond or other security has been posted for reclamation is less than the actual area disturbed, the zoning administrator shall order the operator to file additional bond or security sufficient to cover an amended estimate of land to be disturbed by such operation. 15. Life of permit...... All permits issued for borrow pits by the board of supervisors will be for a period of five (5) years from the date of issuance, Any extension of time or renewal of said permits would require new applications filed in accordance with all of the terms of this ordinance. Scrap and salvage service . .. A scrap materials, and salvage service may be permitted as a conditional use when consistent with the zoning district regulations, provided - Such facilities shall be screened from view with a solid fence or wall along all property lines six (6) feet in height, except for approved access crossing and utility easements. Said fence or wall shall be located interior to any required buffer or landscape strip and shall present a finished side to the exterior property line(s). 2. Vehicles shall not be stored or stacked so that they are visible from any adjacent properties. Shipping container...... The placement, use and storage of shipping containers shall be authorized only as follows; Shipping containers used in conjunction with bona fide agricultural uses are exempt from the provisions of this part, except that shipping containers used in conjunction with bona fide agricultural uses shall; a. Not be visible from any road or adjacent residential uses. 2. Shipping containers used for any other use besides a bona fide agricultural use shall adhere to the following provisions: a. The shipping containers are used in the active transport of goods, wares or merchandise in support of a lawful principal use of the property. b. The shipping containers are placed or stored in areas depicted on an approved site plan. G. Shipping containers shall not be stored in salvage yards. Furthermore, there shall be no storage of raw materials and shipping containers simultaneously on any property. d. The shipping containers must comply with development criteria relating to setbacks for principal buildings in the industrial district where permitted and landscape buffer yards. e. Shipping containers shall not be stacked to exceed a total of three (3) containers or thirty-eight (38) feet in height, whichever is less. Stacked containers must comply with the Virginia Statewide Fire Prevention Code, as amended, f. Shipping containers shall not be visible from any property zoned or used for residential purposes. g. No shipping container shall be used as a residence or to support a residential use or home occupation. h. No shipping container shall be placed on or otherwise block or restrict access to fire hydrants, fire lanes or required parking spaces. (7-7-05; Ord. No. 2012-10-C, 10-18-12.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Appendix B-1, Chesapeake Bay Preservation Area Ordinance, is hereby amended and reenacted as follows - APPENDIX B -'I. CHESAPEAKE BAY PRESERVATION AREA ORDINANCE. Sec. 5002. Exceptions. (a) A request for an exception to the requirements of sections 4000 and 4002 of this ordinance or any other exception requested from the provisions of this ordinance shall be made in writing to the planning commission, who shall make a recommendation to the board of supervisors. It shall identify the impacts of the proposed exception on water quality and on lands within the Resource Protection Area through the preparation of a water quality impact assessment, which complies with the provisions of section 4003, and accompanied with a processing fee as shall be sat forth in the Isle of Wight County Uniform Fee Schedule. as adopted by the Board of Supervisors, as it may be amended. (b) The planning commission and board of supervisors shall notify the affected public of any such exception requests and shall consider these requests in a public hearing in arcordance with § 15.2-2204 of the Code of Virginia. (c) The planning commission shall review the request for an exception and the water quality impact assessment and may recommend the exception with such conditions and safeguards as deemed necessary to further the purpose and intent of this ordinance. In rendering its decision, the planning commission shall not recommend in favor of the applicant unless it finds - 1 That the strict application of the ordinance would produce an undue hardship and will not confer upon the applicant any special privileges denied by this ordinance to other property owners in the CBPA areas, 2. The exception request is not based on conditions or circumstances that are self- created or self-imposed, nor does the request arise from conditions or circumstances either permitted or non -conforming that are related to adjacent parcels; 3. The exception request is the minimum necessary to afford relief; 4. The exception request will be in harmony with the purpose and intent of this ordinance, not injurious to the neighborhood or otherwise detrimental to the public welfare, and is not of substantial detriment to water quality; and 5. Reasonable and appropriate conditions are imposed which will prevent the exception request from causing a degradation of water quality. (d) If, after applying the criteria set forth above, the board of supervisors refuses to grant the exception, the zoning administrator shall return the request for an exception together with the water quality impact assessment and the written findings and rationale for the decision to the applicant. (e) Any person or persons jointly or severally aggrieved by a decision of the board of supervisors may present to the circuit court of the county of Isle of Wight a petition specifying the grounds on which aggrieved within thirty (30) days after the final decision of the board of supervisors. Costs shall not be allowed against the board of supervisors, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed therefrom. (5-21-06,) The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. CLOSED MEETING County Attorney Popovich requested a closed meeting pursuant to Section 2.2- 3711(A)(1) of the Code of Virginia for discussion of two matters regarding the employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees and pursuant to Section 2.2-3711(A)(7) regarding consultation with legal counsel regarding potential liability to the County for the failure of the School Board to include necessary Davis -Bacon Act provisions in their consultations contracts for the new Windsor Middle School requiring the provision of legal advice by counsel. Supervisor Casteen moved the Board enter the closed meeting for the reasons stated by the County Attorney. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Jefferson oved that the Board return to open session. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Alphin, Bailey, Casteen, Darden and Jefferson NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 ADJOURNMENT Supervisor Jefferson moved that the Board adjourn its special meeting at 12:00 p.m. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Rudolph Jefferson, Chairman R