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12-21-2006 Regular Meetingr. a~~~ ~~ ..~~77 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS- HELD THE TWENTY-FIRST DAY OF DECEMBER IN THE YEAR TWO THOUSAND AND SIX PRESENT: Thomas J. Wright, III, Chairman Stan D. Clark, Vice-Chairman . Thomas R. Ivy Phillip A. Bradshaw ABSENT: James B. Brown, Jr. Also Attending: A. Paul Burton, Interim County Attorney W. Douglas Casket', County Administrator E. Wayne Rountree, P.E., Assistant County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Recording Secretary Chairman Wright called the meeting to order at 6:00 p.m. l/ Supervisor Clark delivered the invocation. // The Pledge of Allegiance was conducted. JJ Chairman Wright called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments: Following the Approval of the Agenda, add a new item Number (2), Special Presentation by a School Board representative related to certain capital budget. items of the School Board and renumber the remainder of the agenda items as appropriate; under- Special Presentation, add an additional item related to the introduction of Ms. Leslie Taber, Marketing Manager,. Department of Economic Development; under Transportation 1Vlatters, add a new item regarding a staff report on the Route- 460 Corridor Improvement Project; under the County Attorney's Report, add three (3) new items related to specific refund requests made by the Commissioner of the Revenue; under the County Administrator's Report, add a new item regarding correspondence received from the Virginia State Tax Commissioner; under New Business, add an additional item, as requested by Chairman Wright, to discuss the need for the County to have a new proffer study performed; under Old Business, at the xequest of Chairman Wright, add a new. item related to generators and a matter. concerning funding for the Windsor Fire Station; under Closed Meeting, add three (3) items, for a total of four (4) items,. as follows: the first regarding probable litigation, the second regarding the receipt of legal advice, he third regarding a discussion of the performance of an employee," and the fourth, as requested by Supervisor Bradshaw, concerning the evaluation of personnel; and, under Special Presentations, County Administrator Caskey requested that a new item be .added related to the introduction. of the new Assistant Director of Parks and Recreation. Supervisor Clark moved -that the Board approve the agenda, as amended. The motion was adopted by a vote of (4-0) with. Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Brown absent from the meeting. // Chairman Wright called for Special Presentations/Appearances. Michael W. McPherson, School Superintendent, on behalf of the School Board, requested-the .transfer of unused FY07 Capital Project funds for the renovation of science- .labs to various other projects not originally budgeted. He stated after a review of the estimated cost needed to address safety issues in the science labs, staff has determined- that there will be left- over funds and staff is requesting that the School Administration be authorized to address other projects in the priority listed in the agenda. Supervisor Clark commented that when. expenses change,. it helps for the Board to have a detailed explanation ahead of time so that the individual Board members can answer to the citizens. He stated :that the perception has always been that the renovation of the. science labs was. never a legitimate expense, rather it was. an amount to be changed in the future. to accommodate " other items. Dr. McPherson explained that when the project was orginally placed in the CIP, the total renovation of the Smithfield High School building was not included and, now that it is, there is no need to extensively renovate the labs only. to tear them out during the total renovation of the building. Supervisor Clark moved that the. Board approve the transfer of funds. The motion. was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; .and Supervisor Brown absent from the meeting..- Dr. McPherson requested that the Board allocate $225.,000 from unused County Capital Project funds to the school Capital Budget for the following. Replace the restrooms in the gymnasium at Carrsville Elementary at a cost of $37,500; :replace carpet with vinyl the in classrooms and the carpet in the administrative suite at Hardy Elementary at a cost of $70,000; replace the 2 1 1 1 Media Center carpet at Carrollton Elementary at a cost of $30,000; remanufacture chillers at a cost of $50,000; and replace carpet with vinyl the in classrooms at Carrollton Elementary a cost of $3,7.,500. Supervisor Bradshaw moved to allocate .$225,000 from unused County Capital Project funds to the school Capital Budget for projects, as follows: Replace restrooms for gymnasium at Carrsville Elementary at a cosh of $37,500; replace carpet with vinyl the in classrooms and carpet in administrative suite at Hardy Elementary at a c©st of $70,000; replace Media Center carpet at Carrollton Elementary at a cost of $30,000; remanufacture chillers at a cost of $50,000; and replace carpet with vinyl tile. in classrooms at .Carrollton Elementary a cosh of $37,500. The Director of Budget and Finance is to return with an appropriate resolution to properly allocate the funds at the Board's January 4, 2007 meeting. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright. voting in favor of the .motion; no Supervisors voting against the motion; and Supervisor. Brown absent from the meeting. Supervisor Ivy requested a copy of the school's Strategic Plan. Dr. McPherson .offered to provide. a Strategic Plan to the County Administrator. Steven C. Wright, .Director of Economic Development, formally introduced Leslie Taber, the .County's new .Economic Development Marketing Director, to the Board. Assistant County Administrator Small formally introduced Gina Ippolito, the County's new Assistant Director of Parks and Recreation, to the Board. // Chairman Wright called for consideration of the Consent Agenda. A. NACo Prescription Drug Discount Card Program B. Financial Audit Report. for the Year Ended June 30, 2006 C. Acceptance and .Appropriation of Carryover Grant Funds Remaining at June 30, 2006 Resolution to Appropriate Funds from the Designated Fund Balance for the Completion of Various Carryover Operating and Capital Projects. D. Appropriation. for PACE 3 E. F. G. . ~ Resolution. to .Appropriate Funds from the PACE .Reserve in the Designated Fund Balance of the General Fund Model 1906 4.7" Field Artillery Piece for Courthouse Display Proposed FY2007-08 Budget Calendar. a Substance Abuse Advisory. Council Resolution to Dissolve the Substance Abuse Advisory Council H. Planning Commission Action List of November 28, 2006 I. Hazard Mitigation Grant Program Demolition Contract J. November 15, 2006 Regular Meeting Minutes Supervisor Clark moved that Item. (E) be removed from the Consent Agenda as requested by Supervisor Ivy .and that the. remaining items be ..approved. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright .voting in favor of the motion; no Supervisors voting against the motion; .and Supervisor Brown .absent from the meeting.. Regarding Item (E), Model 1906 4.7" Field Artillery Piece for Courthouse Display, Supervisors Ivy and Bradshaw noted that they were not in favor of expending $40,000 to replace the field artillery equipment that was once located on the front lawn of the Courthouse. Noting the absence of Supervisor Brown, Supervisor Clark moved the Board table the matter until the Board's January 18, .2007 meeting. In the meantime, Mr. Small is to invite Albert Burckard and Jerianne Gardner to the Board's January 18, 2006 meeting and obtain a more exact price on the purchase of the field artillery, equipment, The motion- was adopted by a vote of (4-0 j with Supervisors Bradshaw, .Clark, Ivy and Wright voting in favor of .the motion; no .Supervisors voting against the motion; and Supervisor Brown absent from the meeting. // Chairman Wright called for Regional reports: Supervisor Clark reported on the Hampton Roads Partnership retreat. that was held in Williamsburg and ensued around the benefits of regionalism. He noted that transportation was the key concern, as well as how to move forward in the future as a region. ~i 1 .Supervisor .Bradshaw reported that the Hampton Roads Economic Development Alliance Board of Directors elected its new Officers; a presentation was provided by Old Dominion University.. regarding regionalism which addressed how citizens in this area view Hampton Roads as a region. He advised that southside Hampton Roads recognizes Hampton Roads more as a region than the Peninsula and the consultant had advised that nationally and worldwide, Hampton Roads is not recognized as it should be. He further advised that the Alliance is utilizing the logo developed by the Partnership as a regional logo. Supervisor Bradshaw further reported that Chairman Wright, County Administrator Casket', Assistant County Administrator Rountree and he had recently attended a meeting .held by Congressman Forbes in Franklin concerning the flooding of the Chowan River Basin. He stated discussion was. held on a proposed Recognizance Study and short-term regional efforts. He advised that another meeting is planned to discuss what can be done immediately, on a regional basis, to eliminate some of the issues addressed. He further advised that it would be three (3} to five (5) years before anything takes. place at the Federal .level with the .Corps of Engineers relative to a Recognizance and Feasibility Study. Chairman Wright reported that the .Western Tidewater Regional Jail Interim Jail Superintendent is adjusting well and had provided points of clarification on the recent audit. With respect to the. Western Tidewater Water Authority, Chairman Wright reported that construction on the new Chuckatuck plant has begun and is .anticipated to cost $40,000,000. Supervisor Clark reported that at the- Hampton Roads Planning. District Commission meeting a presentation was provided on traffic, the aging population and available workforce over the. next 20 years. He requested County Administrator Casket' to share with staff the information. on the truck. traffic study .and that. it be placed on the County's website. Chairman. Wright reported .that he and Mr. Sandon Rogers had recently rnet with VDOT representatives and identified Federal funds for emergency lights for all fire stations and rescue squads.. He advised that the Windsor Rescue Squad will. receive first priority; the Carrollton Volunteer Fire Department will receive second priority; the Windsor Volunteer Fire Department will receive third priority; the Rushmere Volunteer Fire Department will receive fourth priority; and the Carrsville Volunteer Fire Department will receive fifth priority.. // Chairman. Wright called for Transportation Matters. 5 s Sandon S. Rogers, Transportation Planner, made reference to the list of VDOT responses to Action Items from various Board :meetings through December 7, 2006 that was contained in the agenda. Chairman .Wright requested ..that Mr. Rogers .have Mr. Neblett contact Ms. Turner who resides on North Carolina Avenue. Supervisor Ivy inquired .about the status of the repairs to the roadway on Grace Street. MacFarland Neblett, Residency .Administrator, VDOT, offered to contact the VDOT Superintendent and facilitate the repairs to the road surface on Grace. Street in an expeditious manner. He advised that Grace Street is scheduled to be paved in the coming year... Supervisor Clark notified 1VIr. Neblett of an incident involving a citizen wherein water on Route 17 caused his car to .stall and be washed off into the wetlands by an 1$-wheel truck. He noted that the Ruritan Club wants VDOT to review the feasibility of installing guardrails at that location to prevent this type of incident from reoccurring. Responsive to Supervisor Clark's inquiry about the status of the VDOT Directional Signs Program, Mr. Neblett offered. to notify the Board of any future requests for directional signage. Responsive to Supervisor Clark's inquiry about the timeline for advance warning-signs on the James River Bridge, Mr. Neblett offered to check with. Mr. Dangerfield and report back to the Board. Responsive to Supervisor Clark's inquiry about flooding on Sugar Hill Road, Mr. Neblett advised that ditch cleaning efforts. have recently been undertaken. Responsive to Supervisor Bradshaw, Mr. Neblett offered to check the status. of the. needed. shoulder work on secondary roads .that were- utilized when the railroad crossing was closed after the last storm. Chairman Wright inquired about the pipe. being installed on Route 460 in Zuni. Mr. Neblett. replied that Norfolk Southern had advised VDOT that the pipe to be installed would be equal- to what had been there. Supervisor Bradshaw moved that the Board direct staff to send a letter to Norfolk Southern requesting. that they install drainage pipes equal to or .greater than what is currently in place on Route 460. Dennis Heuer is to be carbon copied on the letter and reference. should be made to the last major storm that closed down Route 460 following the Nor'easter. The motion 1 1 1 was adopted by a vote of (4-0} with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no ..Supervisors voting against the motion; and Supervisor Brown. absent from the meeting. Responsive to Supervisor. Bradshaw, Mr. Neblett .advised that: VDOT Location Design personnel have been instructed to review the existing drainage structure under Route 460 pertaining to what it takes to handle additional water-and a report should be forthcoming the first part of 2007. Responsive to Supervisor. Clark, County. Administrator Caskey advised .that he had communicated with Dennis Heuer and requested that the County be reimbursed for the repairs completed by the .County .far :the roadway repairs at Tormentor's. Lake following the Nor'easter. Mr. Rogers presented a report on the Route 4f 0 Corridor Improvement project. He advised that staff is in the process of reviewing the three (3} proposals received. He noted that staff would. be updating the Board as necessary as the project progresses. // Chairman Wright called for Citizens Comments. Cecil Rhodes of 19583 Quaker Road briefed the Board on the problems he incurred in association with a recent family member transfer of a building lot of 1.1 acres to his son. /t Chairman Wright called for he County Attorney's report. Interim County. Attorney Burton advised that pursuant to Chairman Wright's request, revisions have been made to the proposed noise Ordinance to address the use of "Jake Brakes" in residential areas, .which is to be advertised for public hearing at the Board's January 18, 2007. meeting. Interim County .Attorney Burton advised that pursuant to the Board's request, an Ordinance amendment has been drafted to reflect the: relocation of the. Pons Precinct polling place from its present location at l 1379 White House Road in Smithfield, Virginia, to 13468 Waterworks Road in Smithfield, Virginia. Supervisor Ivy moved .that the Board authorize the Interim County Attorney to set this matter for public hearing at the Board's January 18,.2007 meeting. The motion was adopted by a vote of .(4-Oj with Supervisors Bradshaw, .Clark,. Ivy and. Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Brown absent from. the meeting. 7 Interim County. Attorney Burton stated that pursuant to the Board's direction at its December 7, 2006 meeting, changes have been incorporated into the Board's .Rules of Procedures to include the ..roll call vote at the beginning of the Board's meetings and the .procedures to follow by the Board during Citizens.Comments. Supervisor Bradshaw requested that the Consent Agenda follow the County Administrator's Report under the Order of Business.. Interim County Attorney Burton advised the. Board that he would be changing the second paragraph under Section 1-1 to reflect .that regular meetings may be "recessed" versus "adjourned." // At 7:00 p.m., Supervisor Bradshaw moved -that the Board amend the regular order of the agenda in order to conduct the public .hearings. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion;:and Supervisor Brown absent from the meeting. // Chairman Wright called for a public hearing on the following: A. Revision. to Section. 4002.B2.a. of the Chesapeake Bay Preservation Area Ordinance, Appendix B-1, of the.Isle of Wight County. Code. Amy Ring, Assistant Director of Planning and Zoning, verified that the matter had been duly advertised. Chairman Wright called for persons to speak in favor of, or in opposition to, the proposed revision. No one spoke in favor or in opposition. Chairman Wright closed the public hearing and called for comments from the Board. .Supervisor Clark moved that the Board adopt the following Ordinance: AN ORDINANCE TO AMEND THE.CHESAPEAKE BAY PRESERVATION AREA ORDINANCE, APPENDIX B-1, OF THE ISLE OF WIGHT COUNTY CODE 8 WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to existing ordinances; and WHEREAS, the Isle of Wight County Board of Supervisors also wishes to provide clarification of the Chesapeake Bay Preservation Area Ordinance language and to facilitate the administration of the Ordinance within Isle of Wight County. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that Section 4002.B.2.a, item iii of the Chesapeake Bay Preservation Area Ordinance Appendix B-1, of the Isle of Wight County Code be amended as follows, "iii. The encroachment may not extend into the seaward 50 feet. of the buffer .area." The ordinance is amended as follows: Appendix B-1 Chesapeake Bay Preservation Area Ordinance TABLE OF .CONTENTS ARTICLE 1 TITLE, PURPOSE, AND AUTHORITY Section 1000. Title 1 Section 1001. Findings of Fact 1 Section 1002. Purpose .and Intent 1 Section 1003. Relationship to Referenced Laws, Other County Ordinances and Guidance Documents 2 Section 1004. Applicability 2 Section 1005. Severability 2 ARTICLE 2 DEFII~IITIE7NS Section 2000. Purpose 3 Section 2001 Word Usage 3 Section 2002.. Definitions 3 ARTICLE 3 .AREAS OF APPLICABILITY, DELINEATIONS OF BOUNDARIES, & EXEMPTIONS Section 3000. Areas of Applicability 7 Section 3001. Delineation and Interpretation of Boundaries Section 3002. Exemptions 8 9 r ARTICLE 4 . DEVELQPMENT CRITERIA & PERFORMANCE STANDARDS Section 400Q. General Performance Criteria ~ 10 Section 4001.... Development Criteria for Resource Protection Areas 12 Section 4002. Performance Standards in Resource Protection Areas 14 Section. 4003. Water Quality Impact Assessment 1 ARTICLE 5 ADMINISTRATIVE PROCEDURES ANb ENFORCEMENT Section 5000.- Plan of Development Process 22 Section 5001. Nonconforming Uses and Nonconforming Structures. 27 Section 5002. Exceptions 28 Section.5003. Enforcement, violation and penalties. 29 APPendix B-1 Chesapeake Bay Preservation Area Ordinance ARTICLE 1 TITLE, PURPOSE, AND AUTHORITY i Section 1000. Title.. This ordinance shall be known and referenced as the "Chesapeake Bay Preservation Area Ordinance of Isle of Wight County, Virginia.. This Ordinance is also commonly referred to as the "CBPA" Ordinance. Section 1001.. Findings ofFact. The Chesapeake. Bay and its tributaries .are one of the most. important and productive estuarine systems in the world, providing economic and social benefits. to the citizens of Isle of Wight County and the Commonwealth of Virginia. The. health of the Bay is vital to maintaining Isle of Wight County's economy and thewelfare of its citizens. The Chesapeake Bay waters have been degraded significantly. by many sources of pollution, including nonpoint source pollution from land uses and development. Existing high quality waters are worthy of protection from degradation to guard against further pollution.. Certain lands that are adjacent to the shoreline .have intrinsic water quality value due to the ecological and biological processes they perform. Other lands have severe development constraints from flooding, erosion, and soil limitations. Protected from- disturbance, they offer significant ecological benefits by providing water .quality maintenance and pollution control as well as flood and shoreline erosion control. These lands together, designated by the Board of Supervisors as Chesapeake Bay Preservation Areas {hereinafter "CBPAs"), need to be protected from destruction and damage in order to 'protect the 10 quality of water in the Bay and consequently. the quality of life in Isle of .Wight County and the Commonwealth of Virginia. Section 1002. Purpose and Intent. This ordinance is enacted to implement the requirements of Section 10.1-2100 et se ., of the Code of Virginia, the Chesapeake Bay Preservation, Act, and amends Appendix B-1 of the Isle of Wight County Code, known also as the Chesapeake Bay Preservation Area Ordinance. The purpose and intent cif this Ordinance is to: a. protect existing high quality state waters; b. restore all other state waters to a condition or quality that will permit all reasonable public uses and will .support the propagation and growth of aquatic, life, which might reasonably be expected to inhabit them; c. safeguard the clear waters of the Commonwealth from pollution; d. prevent any increase in pollution; e. promote water resource conservation in order to provide for the health, safety, and welfare of the present .and future citizens of Isle of Wight County. Section 1003. Relationship to Referenced Laws, Other County Ordinances: and Guidance Documents A. The requirements of this ordinance supplement the county's land development ordinances, including existing zoning and subdivision ordinances and .regulations. It .imposes specific regulations for development and other land uses within the Isle of Wight County. preservation area. In the .event of inconsistency between the provisions of this ordinance and the provisions established in .other applicable ordinances, the more restrictive or stringent provisions shall apply. B. C. Permitted uses, special permit uses, .accessory uses and special requirements shall be as established by the. zoning ordinance -and the underlying .zoning district, unless specifically modified by the. requirements. of this ordinance. Lot. size shall also comply with requirements of the underlying zoning district in the zoning ordinance, provided that all lots shall have sufficient area outside the Resource Protection Area to accommodate an .intended development, in accordance with the performance standards in Section 4002, when such development is not otherwise 1l ~~~~~ ?4 ~:;~4~38 allowed i~ the Resource Protection Area. D, References in this ordinance to any .law statute, ordinance, rule or regulation in force on the date of adoption of this ordinance ..shall include any subsequent amendments or revisions. E. Guidance documents prepared by the Chesapeake Bay Local Assistance Board shall be used- as references. in the administration and interpretation of this ordinance. Where there appears to be a conflict between this ordinance and the guidance documents, the ordinance shall take. precedence. Section 1004. APPlicability A, No .person shall develop, alter, or use any ,land for, .residential, commercial, industrial, or civic :uses,. nor conduct agricultural, .fishery or forestry activities in the Isle of Wight .County preservation area: except in compliance with the- provisions of this. ordinance. B. No development or r i esource utilization activity. shall be permitted until .all applicable approving authorities shall determine that the proposed development or activity is consistent with the goals and..objectives of the Isle of Wight County preservation area program. Section 1005. Severability If any section,. paragraph, subdivision, clause, phrase, or provision of this ordinance shall be adjudged. invalid or held unconstitutional, such a ruling shall not affect the validity ofthe-remainder of this ordinance: ARTICLE 2 DEFIr1ITIONS Section 2000. Purpose It is the purpose of this Article to define words, erms and phrases contained within this ordinance and other applicable. terms. Section 2001:.. Word Usage In the interpretation of this ordinance, the provisions and rules of this section shall be observed and applied, except. when the context clearly requires otherwise: a, Words used or defined. in one tense or form shall include other tenses. and derivative forms. 12 b. Words in the singular number. shall include the plural. number and words in the plural number shall include the singular number. c. The specific shall control the general. d. The word "'person" includes a "firm, association, organization, partnership, trust, company," as well as an "individual." e. Any words pertaining to gender shall be interchangeable. The word "he" shall also mean "she", and "she" shall also mean °'he". f. The words "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied." g. The word "lot" includes the words "plot" or "parcel." h. The word "shall" is mandatory; the words "may" and "should" are permissive. i. In case of any difference of meaning or implication between. the text ofthis ordinance and any caption, illustration, or table, the text shall control. j. All public .officials, bodies, and. agencies referred to in this ordinance are those of Isle of Wight County, Virginia, unless otherwise specifically indicated. Section 2002. Definitions. The following words and terms .used in these regulations shall have the full©wing meanings, unless the context clearly indicates otherwise. a. "Agricultural lands" mean those lands used for the tilling of the soil; the growing of crops or plant growth of any kind in the open, including forestry; pasturage; horticulture; dairying; floriculture; or raising of poultry and/or livestock. b. "Best Management Practices" (BMP's) means. a practice, or combination of practices, that are defined by a state agency or the Hampton Roads Planning District Commission guidelines to be the most effective, practical .means of preventing or reducing the amount of pollution generated by nonpont sources to a level compatible with water quality goals. c. "Buffer area" means an area of natural or established vegetation managed to protect other components of a Resource Protection Area and state waters from significant degradation due to land disturbances. 13 d. "Chesapeake ,Bay Preservation Area (CBPA)" .means any land .designated by the Board of Supervisors pursuant to Part III of the .Chesapeake Bay Preservation. Area Designation and Management Regulations, 9 VAC 10-2Q-et seq., and :Section 10.1-2107 of the Code of Virginia.. A Chesapeake Bay Preservation .Area shall consist of a Resource Protection Area and a Resource Management Area. e. "Construction footprint" means the. area. of all impervious surfaces, including but not limited to buildings, roads and drives, parking areas, sidewalks and the area necessary for construction of such improvements. f, "Development" means the construction, or substantial alteration of residential, commercial, industrial, institutional, recreational, transportation, or utility facilities or structures. This-shall include any- construction, modification, extension or expansion of buildings or structures; placement of fill or dumping; storage of materials; land excavation; land clearing; land improvement; or any combination of -these activities, including the subdivision of land. g. "Diameter at breast height (DBH)" means the.. diameter of a tree measured outside the bark at a point. 4.5 feet above the ground. h. "Dripline" .means a vertical projection to the ground. surface. from the furthest lateral extent of a tree's leaf canopy. i. "Impervious cover" means a surface composed of any material that significantly impedes or prevents natural infiltration of water into .the soil Impervious surfaces include, but are not limited to: roofs, buildings, streets, parking areas, and any concrete,-asphalt, or compacted gravel surface. j. "Land Disturbing Permit" means a permit issued. by the County for clearing, filling, excavating, grading or transporting, or .any combination thereof. k. "Limits of clearing" means the extent to which vegetation can... be , removed from a property as shown on a plan approved by the County. 1. "Lot. coverage" means the impervious .area of any lot or parcel including, but not limited to buildings,. drives, ,parking :areas, sidewalks, patios, decks, etc. m. "Mitigation" means measures taken to eliminate or minimize 14 ~ofin ~4 ~~:.~~~.~~. damage to environmentally sensitive- areas from: wand disturbing or development activities. Such measures may include, but are not limited to, avoiding the impact altogether, limiting the degree ar magnitude of the action, repairing or restoring the affected environmental area, .reducing the impact over time by preservation and maintenance, or replacing or providing a substitute environmental area. n. "Nonpoint :source pollution" means pollution consisting of .constituents such as sediment, nutrients, and organic and toxic substances from diffuse sources, :such as .runoff from agricultural and urban land development and use. o. "Nontidal wetlands" mean those wetlands other .than. tidal wetlands that are inundated or saturated by surface or ground water. at a frequency .and duration sufficient to support, and that under normal circumstances do .support,. a prevalence. of vegetation typically adapted for life in saturated- soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to Section 404 of the .federal Clean Water Act, in 33 C.F.R. 328.3b. p. "Noxious Weeds" means weeds such as Johnson grass, kudzu, and multiflora rase, including those identified by the Virginia Department of Conservation and Recreation as Invasive Alien Plant Species. q. "Plan of Development" means the process for plot plan, site plan, or subdivision plat review to ensure compliance with Section 10.1-2109 of the Code of Virginia and this Ordinance, prior to any clearing or grading of a site and the issuance of a zoning or building permit. r. "Point source pollution" means pollution of state waters resulting from any discernible, defined or discrete conveyances. s. "Public Road" means a .publicly owned road designed and constructed in accordance with. water quality protection criteria at least as stringent as requirements applicable to the Virginia Department of Transportation, including regulations prornugated pursuant to i) the Erosion and Sediment Control Law and ii) the .Virginia Stormwater Management Act. This definition. includes roads where the Virginia Department of Transportation exercises direct supervision over the design or construction activities, or both, and .cases where secondary r©ads aze constructed or maintained, or .both, by local government in accordance with the standazds of that local government. 15. A t. "Redevelopment" means the process of developing land that is or has been previously developed. u. "Resource .Management Area (RMA)" means that component of the Chesapeake Bay Preservation Area that is not classified as the Resource Protection Area. , RMAs include land types that, if improperly used or developed, have the potential for causing significant water quality degradation or for diminishing. the functional value of the Resource Protection Area. v. "Resource. Protection Area (RPA)" means that component of the Chesapeake Bay Preservation Area. comprised of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to the ecological- and biological processes they perform or are sensitive to impacts which may result in significant degradation to the quality of state waters. w. "Silvicultural activities" means forest. management activities, including but not limited to the harvesting of timber,. the construction of roads and trails for forest. management purposes,. and the preparation of property for reforestation that are conducted in accordance with the Silvicultural .best management practices developed and enforced by the State Forester pursuant to § 10.1-1105 of the Code or Virginia and are located on property defined as real estate. devoted to forest use under § 58.1- 3230 of the Code of Virginia. x. "Substantial alteration" means expansion or modification of a building or development that would result in a disturbance of land exceeding 2,500 square feet in the Resource Management Area only. y. "Substantial "work" means that improvements have. proceeded to where vertical construction of the basic.. structure or walls has begun on a building or other structure or .for other land improvements, .that significant progress .has been made towards accomplishing the approved project.. ' z. "Tidal shore" or "shore" means land contiguous to a tidal body. of water between the mean low water level and the mean high water level. aa. Tidal .wetlands" means vegetated and nonvegetated .wetland s as defined m Section 28.2-1300 of the Code of Virginia. 16 ab. "Water-dependent facility" means a development of land that cannot exist outside of the Resource Protection Area and must be located on the shoreline by reason of the intrinsic nature of its .operation. These facilities include, but are not limited to (i) ports; {ii) the intake and outfall structures of power plants, water treatment plants, sewage treatment plants, and storm sewers; (iii) piers, marinas, and other boat docking structures; (iv) beaches and other public water-oriented recreation areas; (v) fisheries or other marine resources facilities;. and (vi) shoreline and bank stabilization projects, where deemed necessary. ac. "Water Body with perennial flow" means a body of water that flows in a natural or manmade channel year-round during a year of normal precipitation. This includes, but is not limited to, streams, estuaries, and tidal embayments and may include drainage ditches or channels constructed in wetlands or from former natural drainageways, which convey perennial flow. Lakes and ponds, into which. a . perennial stream flows and perennial flow exits, are part of a perennial stream: Generally, the water table- is located above the streambed for most of the year and groundwater is the primary source for stream .flow. Perennial flow can be inferred by the presence of biological indicators, benthic macroinvertebrates that require water for entire. life cycles, or by using an approved stream determination protocol. ad. "Wetlands" means tidal and nontidal wetlands. ae. "Zoning Administrator" means the person designated as the ..official responsible for enforcing and administering all requirements of the County Zoning Ordinance, or a duly authorized designee. ARTICLE 3 AREAS OF APPLICABILITY, DELINEATIONS OF BOUNDARIES, & EXEMPTIONS Section 3000. Areas of Applicability. A. The Chesapeake Bay Preservation Area (CBPA) .Ordinance shall apply to all lands within the Chesapeake Bay drainage basin. The limits of this area are generally shown on .the Chesapeake Bay Preservation Area maps adopted by the Board. of Supervisors, .which together with all. explanatory matter thereon, are adopted as a part of this Ordinance. This information may be supplemented by digital mapping resources in the course of administering the provisions of this ordinance. 17 6D~~K ~~ y.,~~~~ B. The Chesapeake Bay Preservation Area shall be divided into two a . . reas ..consisting of the following: 1. The Resource Protection Area (RPA), which shall include: a. Tidal wetlands; b. Nontdal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow; c. Tidal shores; d. Water bodies with perennial flow, including streams, rivers, lakes and ponds; e. Other lands as may be designated by the Board of Supervisors and shown on the CBPA maps; and, f . A vegetated buffer area not less than 100 feet in width located adjacent to, landward of, and on both sides of the resources listed in subsections a. through e. above.- 2. The Resource Management Area (RMA} shall consist of all areas within the Chesapeake Bay watershed. Section 3001. Delineation and Interpretation of Boundaries. A: The site-specific boundaries of the Resource. Protection Area shall be provided by the applicant.. The applicant. shall delineate specific boundaries of the RPA through the performance of an environmental- site assessment. to be approved by the Zoning Administrator in .accordance with Section SOOO.B of this ordinance. l . Delineation of the RPA shall include the designation of perennial water bodies by use of a scientifically valid system of in-field indicators of perennial flow- or other means approved by the Zoning Administrator. The site-specific delineation of the RPA shall be undertaken by the applicant. and approved by the Zoning Administrator. 2. All components included in the Resource Protection Area- (Section 3000, B. 1. above) sha1T be delineated separately, and shall be prepared by a person trained, qualified and experienced in performing wetland delineation work, such as an environmental engineer, environmental scientist,. soil scientist , - biologist or geologist. 18 f ~o~~~K 2~ . , ~~: ~. 3. Wetlands delineations. shall be performed consistent with .the procedures specified in the Federal Manual for Identifying and Delineating: Jurisdictional Wetlands, 1987, and shall be verified by the U. S. Army Corps of Engineers, where it determines it has jurisdiction.. 4. The Chesapeake Bay Preservation Area Maps may be used as a guide to the general location of Resource Protection Areas, but shall not be a substitute for an on-site delineation. 5. .This requirement .may be waived by the Zoning Administrator when the proposed use or development and all associated land .disturbing activities will clearly be located outside of a Resource .Protection Area, based on an' evaluation by the Zoning Administrator and after referral to the Board of Supervisors. 6. Delineations shall be valid for a period of five years. B. Where the applicant has provided a determination o€ the Resource Protection Area, the Zoning Administrator shall inspect the site and verify the accuracy of the :boundary delineation. In determining the site-specific RPA boundary, the Zoning Administrator may consider previously submitted delineations and materials and consult with qualified specialists, including any private, state or federal resources available to the County. In the event the adjusted boundary delineation. is contested by the applicant, the applicant may seek relief, in accordance with the provisions of Section SOOO.H {Denial/Appeal of Plan). C. If the boundaries of the Resource Management Area includes .only a portion of a lot, parcel, or development project, the entire lot, parcel, or development project shall comply with the requirements of this Ordinance. The division of property shall not constitute an exemption. from this requirement. Section 3002. Exemptions. The following uses and activities are exempt from the provisions of this ordinance provided that all of the requirements listed below are met. A. Exemptions for Public Utilities, Railroads, Public Roads, and Facilities: Construction, installation, operation, .and maintenance of ..electric, natural: gas, fiber-optic, and telephone transmission dines, railroads, and public roads and their appurtenant. structures. in accordance with {i) regulations promulgated pursuant to the Erosion and Sediment Control .Law {§ ? 0.1-560 et sea. of :the Code of Virginia) and the Stormwater Management Act (§ 1.0.1-603..1 et secy. of the Code of Virginia), {ii) an erosion and sediment control plan and a stormwater management plan 19 g~nr 24 .. ~~.~6 approved by the Virginia Department of Conservation. and Recreation, or (iii) local water quality protection .criteria at.least as stringent as the above estate requirements are deemed. to comply with this Ordinance. The exemption of public roads is further conditioned on the following: 1. The road :alignment and design has been optimized, consistent p with. all applicable requirements, to prevent or otherwise minimize :the. encroachment. in the Resource Protection Area and to minimize the. adverse effects. on water quality. B. Exemptions for Local Utilities :and other service lines: Construction, installation, and maintenance of water, sewer, natural gas, underground telecommunications and cable television lines owned, permitted or both, by a local government or regional service authority shall be exempt from this Ordinance provided that: l . To the degree possible, the location of such utilities and. facilities should be outside Resource Protection Areas; 2. No more land shall be disturbed. than is necessary to provide for the proposed utility installation; 3. All such construction, installation, and maintenance of such utilities. and facilities shall be in compliance with all applicable state and federal requirements and permits and designed and conducted in a manner that protects water quality; and 4. Any .land disturbance exceeding. an area of 2,500 square feet: complies with Isle of Wight County erosion and sediment control requirements. C. Exemptions for Silvicultural Activities: Silvicultural activities are exempt from. the requirements of :this Ordinance provided that silvicultural operations adhere to water quality protection procedures prescribed by the Virginia Department of Forestry in the .January 1997 edition of "Best Management Practices for Forestry Operations." The Virginia Department of Forestry will oversee and document installation of best management practices and will monitor in-stream impacts of forestry practices in Chesapeake Bay Preservation. Areas.. D. Exemptions in Resource Protection Areas: The following land disturbances in Resource Protection Areas may be exempt from this Ordinance provided that they comply with the. requirements listed in subsections 1 through 4 below and obtain a zoning permit from the Zoning Administrator: (i) water wells; (ii) passive .recreation facilities such- as .boardwalks, walking trails, and pathways; and (iii) historic .preservation and archaeological activities, 20 1 gpn~ 24 .. ~ s~.~7 1. Any ,required permits, except those to which this exemption specifically applies, shall have been issued; and 2. Sufficient and reasonable proof is submitted that the intended use will not deteriorate water quality; and 3. The intended use does not conflict with nearby planned or approved uses. 4. .Any land disturbance exceeding an area of 2.,500 square feet shall comply with Isle of Wight County erosion and sediment control requirements. S. .Boardwalks, walking trails and pathways -shall not .exceed five (S) feet in width and shall be paved with a permeable material For purposes of .this section, boardwalks shall consist of an elevated public pedestrian walkway constructed along a shoreline or beach. ARTICLE 4 PERFORMANCE STANDARDS AND DEVELOPMENT: CRITERIA Section 4000. General Performance Standards. A. Purpose and Intent. - The performance standards establish the means to minimize erosion and sedimentation potential, reduce land application of nutrients and toxics, and maximize rainwater infiltration. Natural ground cover, especially woody vegetation, is most effective in holding soil in place and preventing site erosion. Indigenous vegetation, with its adaptability to local conditions without the use of harmful fertilizers or pesticides, filters stormwater runoff.: Keeping impervious cover to a minimum enhances rainwater. infiltration and effectively reduces stormwater runoff potential. The purpose and intent of these requirements is also to implement the following objectives: I. prevent a net increase in nonpoint source pollution from new development; 2. achieve a 10% reduction in nonpoint source pollution .from redevelopment; and, 3. achieve a 40% reduction in nonpoint source pollution, from agricultural uses. • BOn~ _24 :~.,-~~.10 B, General Performance Standards for Development and. Redevelopment in the Chesapeake Bay Preservation Area. 1. Land disturbance shall be limited to the area necessary to provide for the proposed use or development. a. In accordance with an approved plan of development, the limits of clearing or grading shall be strictly defined by the construction footprint. The Zoning Administrator ~hal'1 review and approve the construction .footprint through the plan of development process. These ..limits shall be clearly shown on submitted plans and physically marked in ,the development site. b, Ingress and egress during construction shall be limited to one access point, .unless otherwise approved by the Zoning Administrator. 2, Indigenous .vegetation shall be preserved to the maximum extent practicable consistent with the proposed use or development permitted and in accordance with the Virginia Erosion and Sediment Control Handbook a. Existing trees over 8 inches diameter of breast height (DBH) shall be preserved outside the approved ~ construction footprint in accordance. with the same standards established in Section 4002 B. 1. b. Site clearing for construction activities shall be allowed. as approved by the Zoning Administrator through the plan of development review process outlined under Section 5000 of this Ordinance. c. Frior to clearing and grading, suitable protective barriers, like safety fencing, shall be erected 5 feet outside the dripline of any tree or stand of trees , to be preserved. Protective barriers shall remain throughout. all phases of construction.- The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the - barrier. 3, Development on slopes: greater than fifteen percent (15%} shall be prohibited unless such development is demonstrated to be the :.only effective way to rr;aintain or improve slope stability. 4. Land development.. shall minimize impervious cover .consistent with the proposed use or development.. Impervious coverage on .any lot or parcel- shall be limited- to the lot coverage permitted ~ 22 1 1 T. aoo~ 24 .:-~~~~ under the zoning district requirements of said lot or parcel, but in no case shall exceed 60% of the total site. S. Notwithstanding any other provisions of this Ordinance or exceptions or .exemptions .thereto, any land disturbing activity exceeding 2,500 square- feet,. including construction of single- family houses, shall comply with- the requirements of the Erosion and Sediment Control Law, Chapter 6 of the County Code. 6. All development and redevelopment within RMAs and RPAs that exceeds 2,500 square feet of land disturbance shall be subject to a plan of development process, including- the approval of a site plan in accordance with the provisions of Section 5000 of this ordinance:; or a subdivision plan in accordance with the Subdivision Ordinance; or a Water Quality Impact Assessment in accordance with Section 4003. of this Ordinance. ~. All on-site sewage disposal systems not. requiring a Virginia Pollution Discharge :Elimination System (VPDES) permit shall be pumped out at least once every five years, unless the owner submits documentation every five years, certified. by a sewage handler :permitted by the Virginia Department of Health, that the septic system has been inspected, is functioning, and the tank does. not need the effluent pumped out. 8. A reserve sewage disposal site with. a capacity at least equal to that of the primary sewage disposal site shall_be provided, in accordance with the Isle of Wight County Health Code. This requirement shall not apply to any lot or parcel recorded prior io October 1, 1989 when a reserve sewage disposal site is not- available, as determined by the local Health Department. Building or the construction of any impervious surface shall be prohibited on the area of all sewage disposal sites or on an on-site sewage treatment system which operates under a permit issued by the State Water Control Board, .until the structure is served by .public sewer. 9. For .any use or development, stormwater runoff shall be controlled by the use of best management practices consistent with the water equality protection provisions of the Virginia stormwater :Management Regulations (4 VAC 3-20- L 0 et seq.) a. For development, the post-development nonpoint source pollution runoff load shall not exceed the pre-development load, and at a minimum shall be equal to or less than 0.45 lbs. of phosphorus per acre per year. For purposes of administration, an impervious surface of sixteen percent (1b%) of the total lot area shall be considered the 23 ^ equivalent, based- on the calculated average land cover condition of Tidewater, Virginia; b. For redevelopment sites, the nonpoint source pollution load shall be reduced by at least 10 percent.: The Zoning Administrator. may .waive or modify this requirement for redevelopment sites. that originally incorporated best management practices for stormwater runoff quality control, provided the following provisions are satisfied: i• The post-development nonpoint source pollution runoff load shall not exceed. the pre-development .load; ii. Runoff pollution loads shall be calculated and the BMPs .selected for the expressed purpose of controlling nonpoint source pollution; iii. If best management practices. are structural, evidence shall be provided that facilities are currently. in good working order. and performing. at the- design levels of service. c. All Best Management Practices (BMP's) shall be properly and regularly maintained to insure that they continue to function as originally designed. A storm water maintenance agreement shall be required of the .owner for all structural BMP's in a manner and form acceptable. to the County Attorney and Zoning Administrator, and shall be recorded in the Circuit Court Clerk's Office. 10. Prior to initiating .grading or other on-site activities. on any portion of a lot or parcel., all wetlands permits required by federal, state, and local laws and. regulations: shall be obtained and evidence'of such submitted to the Zoning Administrator, in accordance with Section 5000, of this Ordinance, 11. Land upon which agricultural activities are being conducted shall undergo a soil and water quality conservation. assessment. Such assessments shall..evaluate the effectiveness. of existing practices pertaining to soil erosion and sediment control, nutrient management. and management of pesticides, and" where necessary, results in a plan .that outlines additional practices needed to .ensure- that water quality .protection. is accomplished consistent with this Ordinance. Section 4001. Development Criteria for Resource Protection Areas. 1 1 1 24 A. Land development in Resource Protection Areas may be allowed in accordance-with other County Ordinances only when permitted by the .Zoning Administrator-and if it: i. is water-dependent; or ii. constitutes redevelopment; iii. is a new use subject to the provisions of Section 4002 B. 2. of this Ordinance; iv. is a road. or driveway .crossing satisfying the conditions set forth in Section 4001.A.3 below; or, v. is a flood control: or stormwater management facility that drains or treats water from multiple development projects or from a significant portion of a watershed provided i) the local government has conclusively established that the location of the. facility within the Resource Protection Area is the optimum location; ii) the size of the facility. is the minimum necessary to provide for flood control, storrnwater management, or both; iii) the facility must be consistent with a stormwater management. program that .has been approved by the Board as a Phase 1 modification to the local government's program;. iv) all applicable. permits for construction in state or federal waters. must be obtained from the appropriate. state or federal agencies; v) approval must be received from the Local government prior to construction; and. vi} routine maintenance is allowed to be performed on such facilities to assure that they continue to function as designed_ It is not .the intent of this subsection to allow a best management practice that collects and treats. runoff from only an individual lot or some portion of the lot to be located within a Resource Protection Area. 1. Anew or expanded water dependent facility may be allowed. provided that the following criteria are met: a. It does not conflict with the comprehensive plan; b. It complies with the performance criteria :set forth in Section 4001 and 4002 of this Ordinance; c. Any nonwater- dependent component is located outside of the RPA; and d. Access to the water-dependent facility will be provided with the minimum disturbance. necessary. Where practicable, a single point of access will be provided 25 s 2. Redevelopment on isolated redevelopment sites ~ shall be permitted only if there is not an increase in the amount of impervious cover and no further encroachment occurs within the RPA and it .shall conform to applicable erosion and sediment control requirements outlined under 4000.B.5 and the stormwater management requirements outlined under Sectibn 4000.B(9} of this Ordinance. For purposes of this section, in rec' ~~. P~aping a site, the encroachment of a proposed building or structure .shall " be based only on the location of existing buildings. or structures, or the locations of legally. established .historical buildings or .structures,. and shall not be based on other impervious cover (i.e. driveways, .sidewalks, patios, decks, etc.) located on the site. (Amended 12/18f04) 3. Roads and driveways not exempt under. Section. 3002 and which, .therefore, must comply with the provisions of this Ordinance, may be constructed in or across RPAs if each of the following conditions are met: a. The. Zoning Administrator makes a finding that there are no reasonable alternatives to aligning the road or drive in or across the RPA; b. The alignment and design of he road or driveway are optimized, consistent with other applicable requirements, to minimize encroachment in the RPA and minimize adverse effects on water quality; c. The design and construction of the road or driveway satisfy ali applicable criteria of this Ordinance; . d. The Zoning Administrator reviews the plan for the .road or driveway proposed in or across the RPA in coordination with the plan of development requirements as required under Section SOOO or subdivision plan. B. A water quality impact assessment as outlined in Section 4003 of this Ordinance shall be required for any. proposed land disturbances development or redevelopment within Resource Protection Areas. Section 4002.:. Performance Standards in Resource Protection Areas. A. Purpose and Intent To minimize the adverse effects of human activities on the other components of .Resource Protection Areas (RPA), state waters, and aquatic life, a 100-foot wide buffer area of vegetation that. is effective 26 " 1 ,~ in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff shall be retained. if present and established where it does not exist. The buffer area shall be located adjacent to and landward of other RPA components and along both .sides of any water .body with- perennial flow. The 100-foot full buffer area shall.. be designated as the landward. component of the Resource Protection Area, in accordance with Section 3000 and Section .5000 of this Ordinance. .Notwithstanding permitted uses, encroachments, and vegetation clearing, as set forth in Section 4001 and this section, the 100-foot buffer area is not reduced in width. The 100-foot .buffer area shall be deemed to achieve a 75 percent reduction of sediments and a 40 percent reduction of nutrients. B. General. Performance Standards for Development and Redevelopment. 1. Permitted modifications to the buffer area. Note:. Please refer to the Riparian Buffer Guidance Manual prepared by the Virginia Chesapeake Bay Local Assistance Board for additional information and guidance on the modifications to the buffer area permitted below. a. In order to maintain the functional value of the buffer area, indigenous vegetation may be removed only, subject to approval by the Zoning Administrator who may require a Plan of Development in accordance with Section 50001 to provide. for reasonable sight lines, access paths, and general. woodlot management, and best management practices, including those that prevent upland erosion .and concentrated flows of stormwater, as follows: i. Trees may be pruned or removed as necessary to provide for reasonable sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff. ii. Any path shall be constructed and surfaced so as to effectively control erosion. iii. Dead, diseased, or dying trees or shrubbery and noxious weeds (such as Johnson grass, kudzu and multflora rose) may be .removed and thinning of trees allawed as permitted by .the Zoning 27 Administrator pursuant to sound horticultural practices. iv. For shoreline erosion control projects, trees and woody vegetation.may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice and. applicable permit conditions or. requirements. 2. Permitted encroachments into the buffer area. a. When the application of the buffer areas would result in the loss of a buildable area on a lot or parcel recorded prior to .October 1, 1989, the Board of Supervisors may consider an .exception in accordance with Section 5002 of this Ordinance that permits an encroachment into the buffer area in accordance".with Section .5000 and the following criteria: i. Encroachments .into the buffer areas shall be the. minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities; ii. Where practicable, a vegetated area that will maximize water quality protection,. mitigate the effects of the buffer encroachment, and is equal to the urea of encroachment .into the buffer area shall be established elsewhere on the lot or parcel; and iii, The encroachment may not extend into the seaward 50 feet of the buffer area.. b. When the_application of the buffer area would result in the loss of a buildable. area on a lot or parcel recorded between .October 1, 1989. and March 1, 2002, the Board of Supervisors may consider an exception in accordance with Section 5002 of this Ordinance that permits an encroachment into the buffer area in accordance. with Section 5000 and the following criteria:. i. The lot or parcel was created as a result of a legal process conducted in conformity with the local government's subdivision regulations; ii. Conditions or mitigation .measures imposed through a k previously a roved exce ti n h ll b pp p o s a e met; r m 28 a BOQN ~~ .:''.' ~~5 3. iii. If the .use of a best management practice (BMP) was " previously required., the BMP shall be evaluated at the expense of the owner to determine if it continues to function effectively and, if necessary, the BMP shall be reestablished or repaired and maintained as .required; and iv. The criteria in subsection 2 a. above for. lots recorded prior to October 1, 1989 shall be met. Establishment. of the Required Buffer " a. Where a buffer has .been reduced or does not exist, a landscaping plan pursuant to Section 5000 C. shall be submitted and approved prior to issuance of any zoning or building permit. The landscaping plan shall be implemented in full or surety provided to -the County pursuant to Section 5000 F. 2. prior to issuance of a .certificate of occupancy. b. c. d. In determining and approving an appropriate buffer, the Zoning Administrator shall take into. consideration adequate space around existing structures and other factors unique to the site. In determining the need for establishing the required buffer, staff may rely on the latest aerial photographs, actual site visits, and other appropriate resources available. This subsection shall not apply to the conversion from agricultural or silvicultural uses, which shall be governed by Section 4002 B. 5. 4. On agricultural lands the agricultural buffer area shall be managed to prevent concentrated flows of surface water from breaching the buffer area and appropriate measures may be taken to prevent noxious weeds from invading the buffer area Agricultural activities may encroach into the buffer area as follows: a. Agricultural activities -may encroach- into the. landward 50 .feet of the 100-foot wide .buffer area when at least one agricultural best management practice,. which,. in the opinion of the Peanut Soil and Water Conservation District, addresses the more predominant water quality issue on the adjacent land -erosion control or nutrient management - is being implemented on the adjacent land, provided .that the combination of the undisturbed buffer .area and the best 29 BUQM ~4 .:::':3L,U management practiceachieves water: quality. protection, pollutant removal, and: water resource conservation at least the equivalent ofthe-100-foot wide buffer area. If nutrient management is identified as the. predominant water quality issue, a nutrient management plan, including soil .test, must be developed consistent with the "Virginia Nutrient Management Training and Certification .Regulations (4 VAC 5-15 et seq. administered by the Virginia Department of Conservation and Recreation. b. Agricultural activities may encroach within the landward 75 feet of the 100-foot wide .buffer area when :agricultural best management practices which. address erosion. control, nutrient management, and pest. chemical control, are being implemented. an the adjacent land. The erosion control practices must prevent erosion from exceeding the soil loss tolerance level, referred to as "T", as defined in the "National Soil Survey Handbook" of November 1996 in the."Field Office.Technical Guide" of the U. S. Department of Agriculture Natural Resource Conservation Service. A nutrient management plan, including soil test, must be .developed consistent with .the "Virginia Nutrient Management Training and Certification Regulations (4 VAC 5-15 et seq. administered by the Virginia Department of Conservation and Recreation: In conjunction with the remaining buffer area,. this collection of best management practices ..shall be presumed to achieve water quality protection at least the equivalent of that provided- by ..the 100-foot wide buffer area. c. The buffer area is not required to be designated adjacent to agricultural drainage ditches if the adjacent agricultural land has in .place at least one best management practices as considered by the Peanut. Soil and Water. Conservation District. to address the more .predominant water quality ..issue on the adjacent land -either erosion control or nutrient management. d. If specific problems are identified. pertaining to agricultural activities which are causing pollution of the nearby water body with .perennial flow or violate performance standards. pertaining to the vegetated buffer area, the zoning administrator, in cooperation with soil -and water conservation. district, shall recommend a compliance schedule to the landowner and require the problems to be .corrected consistent with that schedule. This. schedule shall expedite .environmental protection while taking into account the seasons and other temporal conditions so that 30 BOCK 24 "~~7 the probability for successfully implementing the corrective measures is greatest. e. In cases where the landowner or his agent or operator has refused assistance from- the soils and water conservation district in complying with or documenting, compliance with the agricultural requirements of this ordinance, the district shall report the noncompliance to the zoning administrator. The zoning administrator shall require the landowner to correct the problems within a specified period of time not: to exceed 18 months from the initial notification of the deficiencies to the landowner. The zoning administrator, in cooperation with the district, shall recommend a compliance schedule to the landowner and require the problems to be corrected consistent with that schedule. This schedule shall expedite environmental protection while taking into account the seasons and other temporal conditions so than the probability for successfully implementing the corrective measures is greatest. 3. When agricultural or silvicultural uses within the buffer area cease, and the lands .are proposed to be converted to other uses, the full 100-foot wide .buffer area shall be reestablished. In reestablishing the buffer, management measures shall be undertaken. to provide woody vegetation that assures the buffer functions are maintained or established. 4. Prior to any land disturbing activities or any development of a lot or parcel, a permanent sign shall be installed by the owner or developer identifying the landward limits. of the RPA. Such signs shall conform to general guidelines established by .the Zoning. Administrator and approved by the Board of Supervisors as to size, design, color, material, location and content and shall be installed and maintained at the expense of the owner or developer in accordance with those guidelines. Signs may be obtained from -the County, at cost, or may be provided by the developer. Section 4003. Water Quality Impact Assessment A. Purpose and Intent The purpose of the water quality impact assessment is to: (i) identify .the impacts of proposed land disturbance,, development or redevelopment on water. quality and lands in RPAs and other environmentally sensitive lands; (ii) ensure that, where land disturbance; development or .redevelopment does take place within RPAs and other sensitive lands, it will be occuron those portions of a 31 B. eoa~ 2~ :~::~~$ site and in a manner that will be least disruptive to the natural functions of RPAs and other sensitive lands; (iii) to protect individuals from investing. funds .for improvements proposed for location on lands unsuited for such development because of high ground water, erasion, or vulnerability to flood .and storm damage; (iv) provide for administrative relief from terms of this .Ordinance when warranted and in accordance with the requirements .contained herein; and (v) specify mitigation which will address water quality protection. Applicability A water quality impact assessment shall be required for .any development or rezoning in the Chesapeake Bay Preservation Area which: i. will disturb any portion of the 100 foot buffer area-of an RPA, or 1 1 any component identified mSection-.3000 B (1); ii. contains ten (10) acres or more for any use, other than a development of single family detached residential Lots; iii. contains twenty-five (25) acres or more for the. development of single family detached residential lots; or, iv, any other development -that may warrant such assessment due to unique characteristics of the site or intensity of the proposed use or development, as may be required by the zoning administrator. C. Contents. of the Impact Assessment The information required below shall be considered a minimum, unless the Zoning. Administrator determines that some of the elements are unnecessary due the scope and nature of the proposed use and development of land. 1. A site plan, which shall, at a minimum, contain the following: a. Location of the components of the Resource Protection ~. Area, including the. 100 foot buffer area delineated in accordance with Section 3.001.; (Amended 12/18/04) b. Location and nature of the proposed encroachment into the buffer area, including, .type of paving material; areas of clearing or grading; location of any structures, drives, or other impervious cover;. and sewage disposal systems or reserve drainfield sites; c. Type and location of proposed best management practices " to mitigate the proposed encroachment; d. Location of existing .vegetation onsite, including the number and type of trees and other vegetation to be removed in the buffer to accommodate the encroachment or modification; e. Re-vegetation plan that supplements the existing buffer vegetation in a manner that provides for pollutant removal, erasion and runoff control. 2. A hydrogeological element that; a. Describes the existing topography, soils, and hydrology of .the site and adjacent lands. b. Describes the impacts of the proposed development on topography, soils, hydrology .and. geology on the site and adjacent lands. c. Indicates the following: i. Disturbance or removal of wetlands and justification for such action; ii. Disruptions or reductions in the supply of water to wetland, streams, lakes,. rivers or other water bodies; iii. Disruptions to existing hydrology including wetland and stream circulation patterns; iv. Source ocation of and description, of proposed fill material; v. Location of dredging and location of dumping area for such dredged. material; vi. Estimation of pre- and post: development pollutant loads in runoff; vii. Estimation of percent increase in impervious surface on site, type(s) of surfacing material used; viii. Percent of site to be cleared for project; ix. Anticipated duration and ..phasing schedule of construction project;. 33 x. Listing `of all requisite. permits from all applicable agencies necessary to develop project. . d. Describes the proposed mitigation measures for the potential hydrogeological impacts.. Potential mitigative ° measures include: i. Additional proposed erosion. and .sediment control. concepts beyond those normalcy required under § 4000.B(Sj of this Ordinance; these additional concepts may include the following: minimizing the extent of cleared area; perimeter controls; reduction of runoff velocities; measures to stabilize disturbed areas; schedule and personnel for site inspection; ii. Proposed stormwater management system for nonpoint source quality and quantity control; 3. A vegetative element that: a. Identifies and delineates the location of all woody plant material on site, including ali trees on site 8 inches or greater diameter at breast height or, where there are groups of trees, said stands may be outlined. b. Describes the impacts the development or use will have on the existing. vegetation. Information should include: i. General limits of clearing, ..based on all anticipated improvements, including buildings, drives, and utilities; ii. Clean delineation of all trees and other woody vegetation which will be removed; iii. Description of all plant species- to be disturbed or removed. c. Describes the proposed measures for mitigation. Possible mitigation measures include: i. Proposed design plan and replanting schedule for .trees and other woody vegetation removed for ..construction, including a Iist of proposed plants and trees to be used; 34 ii. Demonstration that the re-vegetation plan ' supplements the existing: buffer vegetation in a manner that provides for pollutant removal, erosion and runoff control; iii. Demonstration that the design of the. plan will preserve to the greatest .extent possible any significant trees and vegetation on the site and will provide maximum erosion control and overload flow benefits from such vegetation; iv. Demonstration that indigenous plants are to be used to greatest extent possible. 4. In the case of a WQIA for shoreline and bank stabilization projects and piers, the following items shall be required: a. An environmental assessment. in accordance with Section 5000..8; b. A landscaping plan in accordance with Section. 5000.C; c. A stormwater management plan in accordance with Section. SOOO.D, if deemed necessary by the Zoning Administrator; d. An erosion and sediment control plan in accordance with Section. SOOO.E; and e. Project construction plans shall be .certified as complete and accurate by a professional shoreline engineer or other .qualified professional as well as a determination as to the necessity of the project. 5. -For phased projects, an updated WQIA shall be provided for each phase to the County Planning and Zoning Department demonstrating the project's compliance with the criteria of the original WQIA. An updated WQIA shall be required until all .phases of the project are complete. D. Submission, Review Requirements, and Evaluation Procedure I . Twenty five (25) copies of all site drawings and other. applicable information as required by Subsection C above shall be submitted to the Zoning Administrator for re view. 2. All information required. in this section shall be .certified as ..complete and accurate by a professional engineer or certified land surveyor qualified to prepare such information. 35 ^ _.. 3. Upon receipt of a water quality impact assessment, the-.'Zoning Administrator will determine if review by CBLAD or any other state agency is warranted. The Zoning Administrator will .incorporate any comments received from such a review into the final report, provided that such comments. are received within 90 days of the request. 4. Upon receipt of a completed water quality. impact assessment and .receipt. of all appropriate comments, the Zoning Administrator shall forward. the information to the Planning Commission for consideration. For shoreline and bank stabilization :projects and. piers consistent with the provisions of this ordinance, the Zoning Administrator may grant .administrative approval of the water .quality impact assessment. 5. The Planning Commission will determine whether or not the proposed development is consistent with the spirit and intent of this Ordinance. and make a recommendation to the Board of Supervisors. based upon the following criteria:. a. Within any- RPA, the proposed development is water- dependent or redevelopment; b. The percentage of existing wetlands disturbed by the development. The number of square.. feet or acres to be disturbed. c. The development will not result in significant disruption of the hydrology of the site; d. ..The development will. not result. in unnecessary destruction of plant. materials on site; e. Proposed erosion and sediment control concepts are adequate to .achieve the reductions in runoff .and prevent off-site sedimentation; f. Proposed stormwater management concepts are adequate to control the stormwater runoff to achieve "no net increase" in pollutant loadings; g. Proposed revegetation of disturbed areas will provide optimum erosion and sediment control benefits, as well as i runoff control and pollutant removal equivalent of the full 100-foot undisturbed buffer area; 36 J gOnx 2~ - ~. ~~~ h. The design and Location of any .proposed dranfield will be in accordance with the requirements of Section 4000; 6. The .Planning Commission shall recommend additional mitigation where potential impacts. have not been adequately addressed, subject to final approval or modification by the Board- of Supervisors. Evaluation of mitigation measures will be made by the Planning Commission based on the criteria listed above and. in subsections 5. 7. The Planning Commission shall find the proposal to be inconsistent with the purpose and intent of this Ordinance when the impacts created by the proposal cannot be mitigated, subject to final approval or modification by the Board of Supervisors. Evaluation of the impacts. will- be made by the Planning Commission based on the criteria listed in subsections 5. ARTICLE 5 ADMINISTRATIVE PROCEDURES AND ENFORCEMENT Section 5000. Plan ofDevelopment Process - Any development, or any redevelopment exceeding .2500 square feet of -land disturbance shall be' accomplished through a plan of development process. prior. to any development preparation activities onsite, such as clearing or grading of the site and the .issuance of any building permit, to assure compliance of -all applicable requirements of this Ordinance. Modifications to the required buffer may require a plan of development, as determined by the Zoning Administrator. A. Required Information. In addition to the requirements of County .Zoning Ordinance or the requirements. of the County Subdivision Ordinance, -the plan of development process shall consist of the plans and studies identified below. These .required plans and studies may. be coordinated or combined, as deemed appropriate by the Zoning .Administrator. The Zoning Administrator may determine that some of the following information is unnecessary due to the scope and. nature of the proposed development. The following plans or studies shall be .submitted, unless otherwise provided fora 1. A plot plan. or site plan in accordance ,with the provisions of County Zoning Ordinance or subdivision. plat in accordance with ..the provisions of the County Subdivision Ordinance; 3'7 ~~~~ 2~ :::~-~14 2. An environmental site. assessment. 3. A landscaping plan; 4. A stormwater management plan; 5. An erosion and sediment control .plan in accordance with the provisions of Chapter 6 of the. County Code. B. .Environmental Site Assessment. An environmental site assessment shall be submitted in conjunction with preliminary site plan or preliminary subdivision plan approval. 1. The environmental site assessment. shall be drawn to scale and clearly delineate the environmental components identified in .Section 3000. B of this ordinance 2. Wetlands delineations shall be performed consistent with the procedures .specified in the Federal Manual for- Identifying and Delineating Jurisdictional Wetlands, 1987 3. The environmental site assessment shall delineate the geographic extent of the .Resource Protection Area on .the specific site. or parcel as required under Section 3001 of this Ordinance; 4. The environmental site assessment shall be drawn at the same scale as the preliminary site plan or subdivision plat, and shall be certified as complete and accurate by a professional. engineer or a certified land surveyor. This requirement may be waived`.. by the Zoning Administrator when- the. proposed use or development will be clearly located outside of an 1ZPA, based upon an evaluation of the Zoning Administrator. C. Landscape Plan. A landscape plan. shall be submitted in conjunction with site plan review .and approval or as part of subdivision prat approval. No . clearing or grading of any lot or parcel will be permitted without an approved landscape plan. r Landsca a fans shall be p p .prepared and/or certified by a design ..professional practicing within their areas of competence as prescribed by the Code of Virginia. 1. Contents of the Plan.. 38 ^ ~n~x 2~ :~.. 51~ a. b c. d. e. f. The landscape plan shall be drawn to scale and clearly delineate the location, size, and description of existing. and proposed plant material. All existing trees on the site 8 inches or greater diameter at breast height (DBH) shall. be shown on the landscaping plan, or where there are groups of trees, said stands may be outlined- instead. The specific number of trees 8 inches or greater DBH to be preserved outside of the building envelope shall be indicated on the plan. Trees and other waody vegetation proposed to be removed to create the desired construction footprint shall be clearly delineated on the landscaping plan. _ Any required RPA buffer area shall be clearly. delineated and any plant material to be added to establish or supplement the buffer area, as required by .this Ordinance, shah be shown on the landscaping plan. Within the buffer area, trees and other woody vegetatior. to be removed for reasonable sight lines, vistas, access paths, and best management practices, as' provided for in Section 4002. B.(1)(a), shall- be shown on the plan. Vegetation required by this ordinance to replace any existing trees .within the buffer area shall be also be depicted on the landscape plan. Trees and other woody vegetation to be removed for shoreline ,stabilization projects and. any replacement vegetation required by .this Ordinance shall be shown on .the landscape plan. The plan shall depict grade changes or other work adjacent to trees that would affect them adversely. Specifications. shall be provided as to how grade, drainage, and aeration would- be maintained around trees to be preserved. The landscape plan will. include specifications for the protection of existing trees and other vegetation .during clearing, grading, and all phases of construction. g. If the proposed development is a change in use from agricultural or silvilcultural to some other use, the plan must demonstrate the re-establishment of vegetation in the buffer area. 2. Plant Specifications. a. All plant materials. necessary to supplement the buffer area or vegetated areas outside. the construction footprint shall 39 3 ...~.~,. be installed according to standard- planting .practices and procedures. b. All supplementary or replacement plant materials shall be living and in a healthy condition. Plant materials shall conform to the standards of the most recent edition of the American .Standard for Nurse Stock, published. by the American Association of Nurserymen...: e. Where areas to be preserved, as designated on an approved landscaping .plan, are encroached, replacement -of existing. trees and other vegetation shall be achieved with a ratio of 3 planted trees to each tree removed in accordance with good woodlot management.. Replacement .trees .shall be a two (2) inches DBH at the time of planting. d. Use of native or indigenous species is strongly encouraged. Maintenance. a. The applicant shall be responsible for the maintenance and replacement of all vegetation as may be required by the provisions of this Ordinance.. b. In buffer areas and areas-outside fhe construction footprint, plant material shall be tended. and maintained. in a healthy .growing condition and free from refuse and .debris. Unhealthy, dying, or dead plant .materials shall be replaced during the next planting season, as .required by the 1 provisions of this Ordinance. D. Stormwater Management Plan. . A stormwater management plan shall be submitted as part of the plan of development process required by this Ordinance and in conjunction with site plan or subdivision plan approval. l . Contents of the Plan. The stormwater management plan shall contain maps, charts, graphs, tables, photographs,, narrative descriptions, explanations, and citations to supporting references as appropriate to communicate the information required by this Ordinance. At a minimum, the stormwater management plan must contain the following: a• Location and design of all planned stormwater control devices; 40 a~at 2~ ~ r _:-5 ~7 b.' ..Procedures for implementing non-structural stormwater control practices and techniques; c. .Pre- and post-development nonpoint source pollutant loadings with supporting .documentation of all utilized coefficients and calculations; d. .For facilities, verification of structural soundness,. including a Professional Engineer or Class IIIB Surveyor Certification; : 2. Site specific facilities shall be designed .for the ultimate development of the contributing watershed based on zoning, comprehensive plans, local public facility master plans, or other similar planning documents. 3. AlI engineering calculations must be performed in accordance with the procedures outlined in the current edition of the Virginia Stormwater Management Handbook. 4. Performance assurances shall. be provided that all BMP's required in a plan of development shall be constructed to comply. with the performance .criteria set forth herein: The form of the agreement and the type of bond, letter of credit or other security shall be to the satisfaction of and approved by the County Attorney.. The amount of bond, letter of credit or other security and designated length of completion time shall be set by the zoning administrator. 5. The .plan shall establish a schedule for inspection and maintenance of stormwater management facilities .that includes all maintenance requirements and persons responsible for performing maintenance. If the designated maintenance responsibility is with a .party other than the County then a maintenance agreement shall be executed between the responsible party and the County. 6 For phased projects, an updated stormwater management plan shall be provided for each phase to the County Planning and Zoning Department demonstrating the project's stormwater management facilities are still .meeting the pollutant removal standards of the original WQIA. Updated stormwater management plans shall be required until all phases of the pr©ject .are complete. E. Erosion and Sediment Control Plan _4I An erosion and sediment control plan shall be submitted that satisfies the requirements of this Ordinance and in accordance with Cha ter 6 of the County, in conjunction with plot plan, site plan or subdivision lan aPProval. P F. ..Final Plan ..Final plans for property. within CBPAs shall be final plats for land to be .subdivided or site plans for land not to be subdivided as required in the County Zoning Ordinance.. 1 • Final plans for all lands .within CBPAs shall include the following additional information: a• The delineation of the Resource Protection Area boundary, including the 100-foot buffer component; b. Plat. or plan note stating. that no land disturbance is allowed m the buffer area without review and approval by :the ` Zoning Administrator; e. All wetlands: permits .required by law; d• A maintenance agreement as deemed necess and appropriate by the Zoning. Administrator to ensure proper maintenance of best management. practices in order to continue their functions. 2• Installation and Bonding Requirements. a• Where buffer areas, landscaping, stormwater management ..facilities or other specifications of an ,:approved plan are required, no certificate. of occupancy :shall be issued until the :installation of required plant .material or facilities is completed in accordance with the. approved site plan. b. When the, occupancy of a structure is desired prior to the completion of the required landscaping, stormwater management facilities, or other specifications of an approved plan, a certificate of occupancy may be issued only if the applicant provides to the County a form of surety satisfactory to the County Attorney in an amount equal to the remaining plant materials,. related materials, or installation costs of the required landscaping or facilities andlor maintenance costs -for any required stormwater management facilities as determined by the Zoning Administrator. ~i 42 c. All required landscaping shall be installed and approved by ' the first planting season following issuance of a certificate of occupancy or the surety may be forfeited to the County. d. All.. required stormwater management facilities or other specifications shall be installed and approved within 18 months of ,project commencement. Should the applicant fail, after proper notice, to initiate, complete or maintain appropriate actions required by the approved plan, the surety may be forfeited to the .County. The County may collect from the applicant the amount by which the reasonable cost of required actions exceeds the amount of the surety held. e. After- all required actions of the .approved site plan .have been completed, the applicant must submit a written request for final inspection.. If the requirements of the approved plan have been completed to the satisfaction of the Zoning Administrator, such unexpended or unobligated portion of the surety held shall be refunded to the applicant or .terminated within 60 days following- receipt of the applicant's request for final inspection. The Zoning Administrator may require a- certificate of substantial completion from a Professional Engineer or Class III B Surveyor before making a final inspection. G. Administrative Responsibility. Administration of the. plan of development .process shall be in accordance with the County Zoning Ordinance or the County Subdivision Ordinance. The Zoning Administrator shall approve, approve subject to conditions, or disapprove the plans in accordance with .the reviewing authorities' recommendations. The Zoning Administrator shall return notification of plan review results to the applicant, including recommended conditions or modifications. In the event that the results and/or recommended conditions or modifications are acceptable to the applicant, the plan shall be so modified, if required, and approved. H. Denial of Plan, Appeal of Conditions or Modifications. In the event the final plan or any component of the plan of development process is disapproved or recommended conditions or modif cations are unacceptable to the. applicant, the applicant may appeal such administrative .decision to the Planning Commission within 60 days of the administrative decision. to be appealed. The Planning Commission shall make a recommendation to the. Board of Supervisors. The final decision on an appeal shall be made by the Board of Supervisors. 43 O .. In preparing to recommend to .grant or deny an appeal, the Planning Commission must find such plan to be in accordance with all applicable ordinances and include. necessary elements to mitigate any :detrimental .impact on water quality and upon adjacent property and the surrounding area, or such .plan meets the purpose and intent ©f the performance .standards in this Ordinance. If the Planning Commission finds that .the applicant's plan does not meet the above stated criteria, they shall recommend denial of the plan. Section 5001. Nonconforming Uses and Nonconforming Structures. A. The. lawful use of a building or structure which existed on October 1, 1989 or which lawfully exists at the time of any amendment to the performance standards and criteria of this ordinance and which became not in compliance,. may continue subject to the provisions of the County Zoning Ordinance and the provisions below: No change or expansion of use shall be allowed with the exception that: 1. The Zoning Administrator may grant a nonconforming use. andlor waiver for structures on legal. nonconforming. lots or parcels to provide for remodeling and alterations to such .nonconforming structures provided that: (Amendedl2/18%04) a. There will be no increase. in nonpoint source pollution load; b. Any development or land disturbance exceeding an area of 2500 square. feet complies with all erosion and. sediment control requirements of this Ordinance. An application for a nonconforming use andlor waiver shall be made to and upon forms furnished by the Zoning Administrator and shall include for the purpose of proper enforcement of this Ordinance, the following information: a. .Name and address of applicant and property owner; b. Legal description of the property and type of proposed_use and development; ' c. A sketch of the dimensions of the lot or parcel, location of buildings and proposed additions relative to the. lot lines, and. boundary of the Resource Protection Area; d. Location :and description of any existing. private water supply or sewage system. 44 _ } ~ __.. 1 1 / f 8U9K 2 i r.~..~'Jf.~.l 3. A nonconforming use and development waiver shall become null and void: twenty-four. (24) months from the date issued if no substantial work has commenced. 4. An application for the expansion of a nonconforming structure may be approved by the Zoning Administrator through an administrative review process provided that the f©llowing findings are made: a. The request for the waiver is the minimum necessary to afford relief; b. Granting the waiver will not confer. upon the applicant any specific privileges that are denied by this Ordinance to other property owners in similar situations; c. The waiver is in harmony with the purpose and intent of this Ordinance and does not result in water quality degradation; d. .The waiver is not based on conditions or circumstances that are self-created or self-imposed; e. Reasonable and appropriate conditions are imposed, as ...warranted, that will prevent the waiver from causing a degradation of water quality; f. Other findings, as appropriate and required by the County are met; and g. Tn no case shall this provision apply to accessory structures. Section 5002. Exceptions. A. A request for an exception to the requirements of Sections 4000 and 4.002 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 equality impact assessment, which complies with the provisions of Section 4003, and accompanied with a processing fee of $750. B. The Planning Commission and Board of Supervisors shall notify the affected. public of any such exception requests and shall consider these 45 ri an~~ ~,~ r'~c~ . ~~ ... requests in a public hearing in accordance 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 Qrdinance. In rendering its decision, .the Planning Commission shall not recommend. in favor of the applicant unless it f nds: 1: That .thee 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; D. E. 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. 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.. 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. Section 5003.. Enforcement, violation -and penalties. A. The primary responsibility for administering- and enforcing this 46 a~nr 2~ ."JZ~ ordinance shall. be assigned to the Zoning Administrator or a duly authorized designee. The Zoning Administrator or his duly authorized designee, Planning Commission members and Board of Supervisors members including other .persons .designated by the Board of Supervisors, shall have authority to conduct inspections and surveys upon the. property affected by this ordinance to determine compliance with :this ordinance.. The Zoning Administrator shall seek criminal or civil enforcement for any provision of this. ordinance and take any action on behalf of the County to prevent or abate any violation or .potential violation of thi ordinance. The Zoning Administrator, upon written request of an interested person whose property may be affected, shall render an opinion as to the applicat~ility of this -ordinance to particular uses in its application to the factual circumstances presented. The Zoning Administrator shall design and distribute applications and forms required for this ordinance and request information that is .pertinent to the request of the approval and shall perform such other duties as are necessary far the proper enforcement and administration ofthis ordinance. B. In addition to any other remedies in subsection (a) of this section,. the following penalties are incorporated in this ordinance as follows: 1. -Any person who: (i) violates any provision of the- ordinance or (ii) violates or fails, neglects, or refuses to obey any Board of Supervisors' or the Zoning Administrator's final notice, order, rule, .regulation, or variance or permit condition authorized under this ordinance shall, upon such finding by an appropriate circuit court, be assessed a penalty not to exceed five thousand dollars ($5,000.00) for each day of violation. 2. With the. consent of any person who: (i) violates .any provision of this ordinance or (ii) violates or fails, neglects, or refuses to obey any Board of Supervisors' or Zoning Administrator's,. notice, order, rule, regulation, or variance or permit condition authorized under, this ordinance, the Board of Supervisors' may provide for the issuance of an order. against such person for the .onetime payment of civil charges for each violation in specific sums, not to exceed ten thousand dollars ($10,000.00) for each violation. Such civil. charges shall be paid into the treasury of Isle of Wight County for the purpose of abating environmental damage to or restoring Chesapeake Bay .Preservation Areas.. in the county except that where the violator is the county or its .agent, the civil charges shall be paid into the state. treasury. The civil' charges shall be in lieu of any appropriate civil -.penalty .imposed under subdivisiait (1) of this subsection. Civil charges may be in addition to the cost of any restoration required or ordered by the .Board of Supervisors or Zoning Administrator. 47 The motion vvas adopted by a rote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting. in favor of the motion; no Supervisors voting against the motion; and Supervisor Brown. absent from.the meeting. Chairman Wright called for a public hearing on the following; B. The application of Edward Rae Scott, owner, and Anthony R. and Hellena M. McFatter, applicants, for a change in zoning classification from Rural Agricultural. Conservation. (RAC) ~to Conditional Limited Industrial (C-LI) of approximately 1.64 acres of land .located on the west side of Carroll Bridge Road (Route. 654),. -south of Uzzell Church Road (Route 692). in the Windsor Election District. The purpose of the application is to facilitate subdivision for commercial purposes. Ms. Ring verified that the application had :been duly advertised. Chairman. Wright called for persons to speak in favor of, or in ..opposition to, the proposed revision. Edward Rae Scott, owner, spoke in favor. No one spoke in opposition. Chairman Wright closed the public hearing and called for comments ...from-the Board. Supervisor Clark spoke in favor of conditioning the application to auto repair shops. Beverly H. Walkup, Director of Planning and Zoning, advised the Board that Mr. Scott, under his original zoning of the property, did have specific conditional uses other than just auto repair. Mr. Scott notified the Board. that amini-warehouse has existed at that location for a number of years and .the building that once was used for auto parts is now rented by someone who performs sign repairs.. He stated. that he is not trying to add any uses that do not currently exist with the .property: Supervisor Bradshaw suggested that the Board allow Ms. Walkup an .opportunity tonight to discuss the Board's concerns. with Mr. Scott relative to reconsidering his uses, Supervisor Bradshaw moved that action on Mr. Scott's application be moved to the end of the public hearings and should that not allow sufficient time for Ms. Walkup. to speak with Mr. Scott then the application would be moved to Old Business. The .motion was adopted. by a vote of (4-0) with Supervisors Bradshaw, Clark,. Ivy and Wright voting in favor of the motion;- no Supervisors voting against the. motion; and Supervisor Brown absent from the meeting. 48 1 1 1 pnnr (4 ".''S~~.J Chairman Wright called fora public hearing on the following: C. The application of William B. and Virginia N. Denison, owners, for a change. in zoning classification from .Rural Agriculturaf Conservation (RAC) to Conditional-Rural Residential (C-RR) o approximately 5.819 acres. of land located on the north side of , Old Gum Tree Road :and on the east side of Chestnut Lane in the Carrsville Election District. The purpose of the application is for a single family residential lot, as conditioned. Ms. Ring verified that the application had .been duly advertised. Chairman Wright called. for.. persons to speak in favor of, or in opposition to, the proposed revision. Darren Staffer, representing the applicants, requested that the Board approve the application. No one -spoke in opposition. Chairman-Wright closed. the public hearing and called ,for comments from the Board. Supervisor Bradshaw moved that the Board approve the application of William B. and Virginia N. Denison as proffered. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against. the motion; and Supervisor. Brown absent from the meeting. Chairman Wright called for a public hearing on the following: D. The .application of B & J Mini Storage, LLC, owner, and Cingular .Wireless, applicant, for a Conditional Use Permit and Preliminary Site Development Plan review to construct a 195' monopole communications tower with. a 4' lightning .rod on 14.92 acres of land, located at 12607 Courthouse Highway, Smithfield, in the Hardy Election District.. Ms. Ring verified that the application had been duly advertised. Chairman Wright called. for persons to speak in favor of, or in opposition to, the proposed Conditional Use Permit. Glenn Hampton, Attorney, representing .the applicant, spoke in favor stating that the reason for the application is to address the existing gap in coverage between Smithfield and Route 460, along Route 258.. Supervisor Ivy inquired if the pine tree concept would be utilized. 49 .. eons 24 ,~'5Zb' Attorney .Hampton replied the pine tree concept would .not be utilized, He .advised that the Planning Commission had concluded that pine trees would not be the best use at this location. Supervisor Clark inquired how far off the road the tower is located. Attorney Hampton replied 365 feet and all the setback requirements of the County are met. Supervisor Bradshaw noted that the tower ,falls in the Highway Corridor Overly District .Ordinance (HOOD), ~ which has- .specific requirements, to include either an asphalt. or concrete road going into the site. He requested that staff investigate if the existing telecommunications sites in the County are adhering to the. asphalt or concrete requirement. He stated the objective. of the HCOD is to ensure consistency throughout the County. Ms. Walkup replied that the Ordinance deals. with the. intensity of the use, but that staff would investigate the matter. .Supervisor Bradshaw .requested that staff provide him with a map depicting all tower sites in the County. Chairman Wright closed the public. hearing and. called. for comments from the Board. Supervisor Clark. moved that the Board approve the application of B & J Mini Storage. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor... of the motion; no Supervisors voting against the motion; and .Supervisor Brown absent .from the meeting. Supervisor .Bradshaw moved that the Board direct staff to follow "up .with his concerns relating to the Highway Corridor Overlay District and. the consistency of its application. The motion was adopted by a vote of (4-0) with .Supervisors. Bradshaw, Clark, Ivy and Wright voting. in favor of the motion; no Supervisors voting against the motion; and Supervisor Brown absent from the meeting. Chairman Wright called for a public hearing on the following:- E. The application of James Wesley Holland, owner, and Cingular Wireless, applicant, for a Conditional Use Permit and preliminary Site Plan Development. to construct a I95' monopole communications tower with a 4' lightning rod on 29.75 acres of land, located at -20283 Courthouse Highway, Windsor, in the Windsor Election District. Ms. Ring verified that the public hearing had been duly advertised. 1 1 f 50 r Chairman Wright called for. persons to speak in favor of, or in opposition to, the proposed Conditional Use Permit. Attorney Glenn Hampton spoke in favor of the. application stating it will be a fenced compound of a size to allow multiple co-location opportunities. Chairman Wright closed the public hearing-.and called for comments from the Board. Chairman Wright inquired if Orbit Airport had been notified of the application. Attorney Hampton replied that while the Orbit Airport was not directly notified, FAA notification and approval has been received and any concerns would have been communicated. Supervisor Bradshaw noted with: the approval of this and the previous application there would now be nine (9) towers in the County with six (6) additional towers planned for the future. Attorney Hampton replied that of those nine (9) towers, Cingular Wireless is co-located on all but two (2) towers and Cingular does not have .plans for any future towers. Supervisor Ivy moved that the Board approve the application of James Wesley Holland. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Brown absent from the meeting. Chairman Wright called for a public hearing on the following: F. Ordinance to Amend Chapter 11, Motor Vehicles .and Traffic, Article IV, Parking. Interim County Attorney Burton stated that the. proposed. Ordinance, which has been properly advertised, is responsive to .the Board's. previous direction to staff. Chairman Wright called for persons to speak in favor. of, or in opposition to, the proposed revision. John Woltiing, resident of tatting Pointe and member of the Board of Gating Pointe Civic Association, spoke in favor of the proposed Ordinance to address certain safety issues within that Subdivision, as well as to address the appearance of the Subdivision. 51 I ~On~ 24 s»~''~ ~~ Rex Williams, Secretary of the Board of Directors for the Community Association for he north side of Gatling Pointe, spoke in favor of the proposed Ordinance. He stated the Association requested that the Ordinance be created to address safety concerns and aesthetics within that Subdivision. Ed Mortimer, President of the Gatling.. Pointe South Homeowners' Association, spoke in favor of the proposed Ordinance to address safety concerns and aesthetics within that Subdivision, particularly with .respect to the free flow of traffic and emergency vehicles. ' Carl Bauchman, 204 James Landing Circle, spoke on behalf of himself and Jim and Lillian Anne Hall of North James Landing Court; Steve and Carolyn Forehand of James Landing Court; and Netson and Sandra Vujock of Sunrise Bluff Court, .who could not be present tonight. He stated that there have been a number of meetings held concerning this matter that he had not been invited to attend. He stated that the proposed Ordinance offers a severe + penalty for what could be considered. a minor infraction because it only provides for an eight (8) -hour time limit and does not allow sufficient time for overnight visitors; it does not allow time during the Spring and Fa11 to pull a boat .out of the water or prepare it for going in the water; and the proposed Ordinance is being applied selectively in the Gatling Pointe neighborhood and not Countywide. He recommended that the time limit be changed to reflect a 48 to 72 time limit... He advised that he had applied .several times with the Homeowners' Association to build a screen as provided in the covenants, however, his requests -were denied unless the screen area. was located in his back and in y the woods. He advised that there is sufficient room foregress and ingress of two (2) full-size fire trucks while a boat is parked on the street and safety has never been an issue as he cleared this .with the Sheriff's Department, State Police and VDOT before he began parking along the. street.. He stated-that as long as the road is curbed, wide enough for egress and ingress of emergency vehicles, his boat is more than thirty (30) feet from a stop sign or intersection and he is not blocking a fire hydrant, he is within his rights, according to State law,.toparr on the streets. Eric Ellison, 100 South James Landing Court, spoke in opposition to the eight (8) hour time limit stating it is not sufficient time for him to wax his boat. Chairman. Wright closed the public hearing and called for comments from the Board. Supervisor Ivy clarified that the meeting he attended was not a County meeting and was one the Homeowners' Association- scheduled. Chairman Wright inquired what area would be covered by the Ordinance. 1 1 1 t Boni ~~ ~a~~JZ~ Interim County Attorney Burton. replied that -the Ordinance covers .the Gatling Pointe Subdivision at this time, however, the Ordinance, in the future, could be amended to cover .other areas as needs may .arise. He emphasized. that.. the purpose of .the proposed Ordinance is to discourage individuals from parking. boats or other recreational. vehicles on the streets for tong periods of time. He stated that that cleaning and waking of boats and other recreational vehicles should be done at another location. Supervisor Clark suggested that. the time limit be increased from the proposed eight (8) hours to sixteen (l b) hours which would. allow individuals to park their boatlvehicle along the street, get a night's sleep and move it the following. day. Supervisor Ivy moved that the Board adopt the following Ordinance with an amended timeframe of sixteen (16) hours: AN ORDINANCE TO AMEND CHAPTER 11. MOTOR VEHICLES AND TRAFFIC. ARTICLE IV. PARKING. WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has. determined that there is a need to define certain classifications of vehicles and identify those areas within Isle of Wight County where it is necessary to prohibit the parking of such classified vehicles in order to enhance pedestrian and vehicular safety;. and WHEREAS, it is the Board of Supervisors' intent to protect and preserve the public investment in such streets that are designed primarily for residentially-related .traffic and to protect and preserve the character of designated residential areas. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County $oard of Supervisors, Virginia, that Chapter 11. Motor Vehicles and Traffic. Article IV. of the Isle of Wight County Code be amended by adding Section 11-31.1 as follows:. Sec 11-31 1 Parking prohibited or restricted in specified places. (a) For purposes of this Section 11-31.I, the classification of vehicles shall be as follows: (1) Commercial Vehicle: (i) Any vehicle with a gross vehicle weight of .ten thousand .(10,000) pounds or more, or a length of 21 ~ feet or more,. including trailers. or other attachments; 53 ;. ^ Y • (ii) Any vehicle, regardless of size, used in the transportation of hazardous materials as defined in Section 103 of the federal Hazardous Materials Transportation Act (49 C.F.R. Part 172, Subpart F}; (iii) -Any heavy construction equipment, whether located on the street or on a truck, trailer or semi-trailer; w (iv) Any solid waste collection vehicle, tractor truck or tractor truck/semi-trailer or tractor/truck combination, dump truck, concrete .mixer truck, or towing. or recovery vehicle; or (v) Any trailer, semi-trailer or other vehicle in which food or beverages are stored or sold. (2) Passenger Carrying Vehicle: (i) Any vehicle designed to carry sixteen (16) or more .passengers, .including the driver; or (ii) Any vehicle licensed by this Commonwealth for use as a common or contract carrier or as a limousine. (3) Recreational Vehicle: A device, whether or not self- propelled, designed or used for transporting persons or property for or in connectionwith recreation, as distinguished from mere. transportation, having a gross vehicle weight of ten thousand .(10,000) pounds or more, or a length of 21 feet or more, including trailers or other attachments, and including such things as motor homes, travel. trailers, campers, boats. and boat trailers, (b) Designation of Specific Vehicle Classification and Areas Subject to Restriction; No person shall park any Commercial Vehicle, Passenger Carrying Vehicle, or `Recreational Vehicle on any road, highway or street within the state's secondary system of highways for longer than a period of sixteen (16} hours. in any of those areas or subdivisions in the County described below: (1) Gatling Pointe (North and South) In the case of subdivisions, the areas governed by this Section 11-31.1 shall be those areas commonly known by the names listed above and designated on the plats of subdivision recorded in the Isle of Wight County Circuit -Court Clerk's Office. Such restrictions shall have no application to any privately owned .street, or any street owned by a property owners' association within the tilted .areas, In the event a street serves as the dividing line between a designated residential subdivision and an adjoining commercial zoning district,. the. parking. restrictions shall apply only on the. residentially-zoned side of the street. 1 1 1 1 it (c) Procedure for Consideration and Establishment of Designated Areas: 1 (1) The determination of streets and areas to be subject to such parking restrictions .shall be based on characteristics including, but not necessarily limited to: (i) location within a residential zoning classification area with special characteristics. or features .that could be .adversely impacted by on-street parking of large vehicles; (ii) density of development, with primary .focus on residential subdivisions with a typical tot size of one. (1) acre or less; (iii) predominant lot width and street .frontage. characteristics, with primary-focus on subdivision settings where typical lot widths are 150 feet or less; (iv) location-specific safety issues including, but .not limited to, .consideration of traffic volumes, street surface width, sight distance, and use characteristics; or (v) .documentation or determination- of inappropriate parking of classified vehicles or the potential for such parking to occur. (d) Applicability: The prohibitions. and. restrictions set forth in this Section 11-31.1 shall have no application when a vehicle is parked or stopped in compliance with the order of a law enforcement officer or a traffic control device, or during a permitted period of time in officially-designated parking areas, or in the case of a vehicular breakdown, or in an emergency which renders it necessary. In addition, the prohibitions and restrictions contained herein shall have no applicability to any vehicle while .such vehicle is in .actual use for loading or unloading or while actually engaged in the provision. of goods or services. (e) Penalty for Violation: Any person who violates any .provision of this Section 11-31.1 shall be guilty of a traffic infraction, punishable as a Class 4 misdemeanor ($250.00). The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion;. no Supervisors voting against the motion; .and Supervisor Brown absent from the meeting. // Chairman Wright called for the continuation of .the Edward. Rae Scott application. ~o~K 24 ~.:;~532 Ms. Walkup .stated that Mr. Scott has agreed to amend his proffers to exclude General Office, Business or Trade School, Mini-Warehouse, Custom Manufacturing, Industry, Type I Warehousing .and Distribution:: Business Support Service,. Business .Support Service, _ Equipment Sales and: Rentals, Personal Improvement Service and Personal Service.. Supervisor .Clark moved that the Board approve the application of Edward Rae Scott with the. amended proffers.. The motion was adopted. by a vote of (4-0) with Supervisors. Bradshaw, Clark, Ivy. and .Wright voting in favor of the motion; no Supervisors voting against the motion;.. and Supervisor Brown absenYfrom the meeting. ~~ Supervisor Bradshaw moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting .against. the motion; and Supervisor Brown absent from the meeting. // Chairman Wright called for the continuation of the County Attorney's.. report. Interim County Attorney Burton stated pursuant to the direction of Supervisor Bradshaw at the Board's December 7, 2006 meeting, he has reviewed the establishment of a Citizens' Budget ..Committee specifically related to the development of guidelines or bylaws. He stated that staff is recommending that the :Committee be comprised of local citizens who.. would be charged with the- responsibility of making recommendations on .how the budget. is presented to the public. He stated because the :Committee is a single-purpose Committee charged with providing the Board with presentations, it is his opinion that bylaws are not necessary for this Committee at this time. Chairman Wright .requested that the matter be discussed-under Old Business later in the meeting. Interim County Attorney Burton advised that he had five (5) matters for discussion later during Closed Meeting.. 1 Interim County Attorney Burton presented three (3) items related to specific refund requests made by the Commissioner of the Revenue. Supervisor Ivy .moved that the Board .approve the refund: to S&T Commercial Plumbing. in the amount of $880; the .refund to VICO Construction Corporation in the .amount of $1,305.81.; and the refund to 56 BOOK ~4 %~~~~~3 Walter S. Winchenbach in the amount of $574.69. The motion was adopted by a vote of (4-0} with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the .motion; no Supervisors voting against the motion; and Supervisor Brown absent from the meeting. // Chairman- Wright called for the Parks and Recreation report. Patrick J. Small, Assistant County Administrator,. presented a report on the status of the Certified Local Government for Isle of Wight County in the absence of Debbie J. Sivertson, Historic Resource Manager. He advised that the report is simply. for the Board's information at this time and .that Ms. Sivertson is in the process of pursuing the application. Mr. Small presented. the report on the Fort Huger -Preliminary Form.. for Virginia Landmarks Register Nomination. He advised that he Chairman of the Board should be the official authorized to sign the Form on behalf of the Board. Supervisor Ivy moved that the Board authorize the Chairman to sign the Preliminary Information Farm for Fort Huger. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark,. Ivy and Wright voting in favor of the- motion; no Supervisors- voting against the motion; and Supervisor Brown absent from the meeting. The Board recognized the efforts of Dinah Everett, Museum Curator, and other Museum staff for having the Museum- donations. restored/repaired following the flooding which occurred from the recent storm. -Dinah Everett, Museum Curator, reported that the trailer has been returned to Gwaltney as of today. She offered to follow up with the. appropriate thank you letters.. Supervisor Ivy reiterated his. desire that .the drain be repaired and the Museum be reopened as quickly as possible. Mr. Small. distributed a preliminary report and contract in the amount of $45,000 from the architectural firm doing the evaluation of the. Museum which deals with the temporary heating and air flow circulation. He reported that the firm has completed all background work (floor plans/drawings). He stated that the work. is expected to be complete within the. next three (3} weeks, at which point staff will go to bid for the renovation work. He noted that staff does not yet have a price on the renovation work. Mr. Small distributed a revised Summary of Prior Activity Report and proposed Short-term Strategic Plan: for Site Work from Assistant County Administrator Rountree dealing with the Joel C. Bradshaw Fairgrounds.. He advised. the Board that. staff feels that even under the most aggressive circumstances that the Fairground will not be ready to meet its drainage needs prior to August, 2007. He requested the opportunity. for staff to explore a temporary solution whereby staff meets .with the Fair Committee and other experts in .the community in January, 2007; develops a drainage plan .and returns to the Board with cost estimates at a date no later than the Board's: February meeting. Supervisor Bradshaw inquired why staff did not follow the: Master Plan. Mr. Small .advised. that while he could nat speak to why the entire Master Plan had .not been followed, some elements of the Plan. have been followed in that: the Fairground is .located at the location that the Master Plan calls for and. the roads have been put in also in accordance with the Plan. He continued that a topographic survey, the geotechnical work and the drainage plan has not yet been addressed. He advised that staff is now in the process of getting back on track and following the Plana Supervisor Bradshaw inquired if the CIP would be adjusted to reflect the Master Plan. Mr. Small replied that the CIP would be adjusted accordingly, as well as the Nike Park Master Plan. Supervisor Bradshaw inquired if this information would be provided to the Fair Committee. Mr. Small replied that he and Mr. Rountree intend to meet with the Fair Committee in January, 2007, as well as consult with other individuals in the area that have- expertise with this type of effort. Responsive to .Supervisor Clark relative to the direction staff is taking .with the Fairgrounds in preparation for the 2007 Fair, Mr. Small requested that the Board .allow staff the opportunity to meet with the. Fair Committee; have the drainage plan developed; obtain any needed additional information; and return to the Board with a proposed cost at the Board's first meeting in February, 2007. Noting that the. Master Plan contains extensive architectural. designs and that he .was the. only present Board. member serving on .the Board at the development of the Plan, Supervisor Bradshaw suggested that it might be appropriate for staff to review the Plan with this Board at one of its meetings in February, 2007 or the first meeting in March, 2007. Supervisor Ivy .commented that- because staff has failed in providing the Board with reports and follow-ups, the responsibility for the 2007 Fair has fallen to the County Administrator and the two (2) Assistant :County 58 . gpn~ 24 ~.`:"5~~ 1 Administrators. He stated that both the citizens of the County and the Board are concerned and the. Board is reacting in order to ensure that what needs to be done gets done. He stated that he wants staff to be prepared to review the Master Plan with the Board no later than the first meeting in February, 2007 so that everyone knows what is-going on with the 2007 Fair. Supervisor Bradshaw expressed his appreciation to staff for taking control and moving forward. He stated.. that the report provided by staff is excellent and- that staff is moving in the right direction. He stated it is now the Board's responsibility to ensure that staff stays moving in the right direction. County Administrator Caskey assured the Board that staff is very focused on getting the problems resolved. and the information back to the Board in a timely fashion. Supervisor Ivy inquired.. if staff had received the engineering report. Mr. Small .advised that the engineering report that was due on November 30, 2006 has not yet been received. E, Wayne Rountree, P.E., Assistant County Administrator, advised that the response from. the engineering firm was that they hoped to get the report to staff today, however, it was not received. He advised that staff has already contacted another engineering firm and a meeting has been set up with them. next week. Supervisor Bradshaw inquired if the contract with the engineering firm contained a date. that the County wanted to receive the .report. Mr. Small replied he believed that the contract specified thirty (30} days although he wouldhave to check it to be sure. Mr. Rountree advised that the contract was not a formal engineering contract and did not specify any liquidated damages. He advised that staff solicited quotes, obtained a purchase order and the contract was performed through a surveying firm for a topographical survey. He stated that the project was not solicited properly in accordance with the Board's request. Supervisor Bradshaw stated this is a time critical project and this is why the County needs to have a Purchasing Agent that understands contractual law. Judy H. Winslow, Director of Tourism, stated pursuant. to the Board's direction to staff at its November 2, 2006 meeting, included in the agenda is a Strategic Plan to address the public relations and marketing issues associated with the 200? County Fair. She stated that the Plan is not necessarily comprehensive at this point in time and may .become more so as the event 59 s Bo~~K 24 : ~:~5:3f nears.. She confirmed that the Tourism Department in years past has not been involved in marketing the Fair and that if was primarily handled by the Parks and Recreation Department. She advised that as staff implements the Plan, .some outlets may prove more effective than. others and :resources may be .shifted. She noted that in addition to assisting with the marketing and public .relations aspects of the Fair, the Tourism Special Events Coordinator has been asked to provide limited support. in an .operational capacity and this support will be provided. Supervisor Bradshaw moved that the Board adopt the Public Relations and Marketing Plans of the Tourism Department. The. motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and .Wright voting in favor of the 'motion; no Supervisors voting against the motion; and Supervisor Brown absent from the meeting. // Chairman Wright called for the Public Utilities report. Mr. Rountree presented an updated Ten (10) Year Operation and Maintenance Needs .Plan for .the Department of General . Services/Public Utilities Division for the Board's consideration. Supervisor Bradshaw moved that the Board accept the Ten (10) Year Operation and Maintenance Needs Plan for the Department of General Services/Public Utilities Division.. The motion was adopted by a vote of (4- 0) with Supervisors .Bradshaw, Clark, Ivy and Wright voting in favor of the motion;: no Supervisors voting against the motion; .and Supervisor Brown absent from the meeting.. // Chairman Wright called for the County Administrator's report. Karl L. Sletten, Director of Information Technology, presented a Memorandum of .Understanding for shared technology services. for the Board's. consideration. Supervisor Ivy moved that the Board approve the shared technology services Agreement. The .motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion;. and Supervisor Brown absent from the. meeting. Ms. Sletten presented an Annual Support Agreement and License Agreement for MUMS software for the Board's consideration. 60 r^ ~o~ 24 .: ~.-~~7 Supervisor Bradshaw moved that the Board approve the contract. The .motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Brown absent from the meeting: Donald T. Robertson, .Director of Information Resources and Legislative Affairs, briefed the Board on the VACo 2007 Legislative Program. He stated that the recently unveiled budget from the Governor is in line with VACo's overall legislative priorities and appears to be consistent with the Board's adopted priorities. County Administrator Caskey presented correspondence received from the Virginia State Tax Commissioner dated December 1, 2006 and addressed to him regarding an interim sales study completed to validate the 2006 reassessment.. Liesl R. DeVary, Director of Budget and Finance, advised that pursuant to the .Board's. direction at its June l , 2006 meeting, staff had requested. that the Virginia State Tax Commissioner perform an interim sales study to validate the 2006 reassessment. She advised that the Department of Taxation has conducted a sales .study of 445 sales transacted .from April through ..September 2006 and concluded a median assessment to sales ratio as of July 1, 2006 to be 93.63%. She advised that the sales study indicates. that the reassessment is in compliance with the statutory requirement of a ?0% or greater ratio. !/ Chairman Wright called for Appointments. Supervisor Bradshaw moved that the Board appoint Sarah Leggett of Zuni Circle to serve on the Beautification Committee. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark,. Ivy and Wright voting in favor of the motion; no Supervisors voting against the motion; and Supervisor Brown absent from the meeting. Supervisor Bradshaw moved that the Board accept the resignation of J. C. Jenkins, effective December 31, 2007 on the Planning Commission. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw,. Clark, Ivy and Wright voting.. in favor of the motion; no Supervisors voting against the motion; and Supervisor Brown absent from the meeting. Supervisor Bradshaw requested County ..Administrator .Caskey to follow up with Ms. Walkup regarding recognition of Mr. Jenkins' 29 years of service. // 61 Chairman Wright called for Old.Business. goon ~4 ~~ ~~;~8 Relative to the .formation of a Citizens' Budget Committee and pursuant to direction provided by the Board to staff to investigate whether or not the individuals already serving on the Citizens' Budget Committee for the schools. would also like.: to .serve on a similar Committee for the County, F Chairman Wright advised that four (4) individuals have accepted .and the representative for Windsor.. did not accept the invitation. He recommended that staff. be asked to advise the Board .whether or not ,the Committee is needed as it is a redundant Committee .and .everyone in the County already has a right to review, .ask questions and attend a public hearing on the budget. Supervisor Clark stated the purpose of the Committee is geared toward how to communicate thebudget to the public and not to get into the specifics of the budget. Chairman Wright commented that the school's Citizens' Budget Committee has .never been provided a clear direction and some of the members have attempted to get more. involved than was .necessary in that budget as a result. Supervisor. Bradshaw requested that staff develop guidelines outlining what their expectations would be of the members of the Citizens' Budget. Committee.. He noted that staff needs a clear understanding of what this Committee will do. Supervisor Clark recalled that the concept of this Committee came-as a result of comments of Grace Keen and other citizens advising that they do not understand the budget; that no one answers their questions and that they can not. get information about the budget in advance to make an intelligent decision on it. . Supervisor Clark moved that the Board table the matter until the Board's January 16, 2007 meeting and direct staff to come :back with a recommendation on how staff can. utilize this Committee and how the budget can be marketed to the public. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright. voting in .favor of .the motion; no Supervisors voting against the motion; and Supervisor Brown absent from-the meeting, Chairman Wright advised that he and the Interim County. Attorney attended the last Windsor Town Council meeting at which time funding for the Volunteer Fire Department was addressed. The Board concurred with keeping an open dialogue with the Town of Windsor and agreed to waituntil the Town of Windsor sends an official letter to the .County requesting that the County revisit the -development of a 62 ~o~x 2~ . ~ :-5:3~ Memorandum of Understanding relative. to funding of the Windsor Volunteer Fire Department. Richard O. Childress, Director of Emergency Services, stated pursuant to the Board's direction at its December 7, 2006 meeting, the Committee previously charged with providing the Board with a list of generators and associated costs respective to leasin or urchasin of enera tors ha s g P g g developed a preliminary draft document. which has been circulated to other staff members for their input. He referenced a letter dated December 20, 2006 from .Kenneth M. Bunch, Director,. Business Development & Special Project with Community Electric Cooperative and addressed to the Chairman of the. Board advising of quotes relative to the leasing of certain generators. He noted that most of generators listed in Mr. Bunch's letter are contained within the recommendation by the Committee, but final input from staff has not yet been .received. He further noted that there are some generators that were. previously listed where staff recommends transfer switches installed at the facilities and utilize existing generators that are portable or generators that could be leased through a priority lease with other vendors on a limited basis until funding becomes available in the future. at which time it would become a permanent fixed generator. Chairman Wright noted that some generators could be leased which are made to the 2006 standards which could be obtained for a lower price. Jim Reynolds, President of Community Electric Cooperative, noted that currently there are several contracts in place with various other .local governments providing generators on a lease and service basis. Mr. Bunch addressed. the proposals prepared .for the Board for several of the County's key .installations. He advised that Community Electric Cooperative has four Master Electricians, an Electrical Engineer and a Professional Engineer on staff. He stated that Community Electric Cooperative is responsible for the design and .installation of all generators which remain the property. of Community Electric Cooperative. He advised that at the end of the ten (10) year lease on generators, there is a clause wherein the generator can be purchased by the locality, but if not, Community Electric Cooperative can remove it; renew the .lease, provided it is mutually agreeable between both .parties; or, a new generator can be installed via a new lease. He stated that .transfer switches can be done via a separate lease. He advised that transfer switches and all attachments to the building belong to the lessee at the end of the ten (10) year .period, but. everything involved with the transfer switch during the lease period is the responsibility of Community Electric Cooperative. He advised that all leases G contain language that allows a locality to get out of the lease should it need to do so. He stated with respect to Chairman Wright's comments relative to 2006/2007 pollution .standards, any generator ordered after October 1, 2006 had to be built to the 2007 emission standards. He advised that Caterpillar had- most of the generators contained in his list in stock at the tune he wrote 63 ~, i - ! _ aooK 24:::.540 to Chairman Wright which were built to the old standards and ordered prior to October 1, 2006 and which will save approximately 15-20%. He stated that currently the Smithfield. High .School is designated as an evacuation center and the kitchen was moved to the Smithfield Middle School -side of the building and that .service would have to be located in Smithfield Middle School to accommodate any cooking. Mr. Childress advised. the Board that a .formalized report will be presented to the Board at its Ja.~uary 16, 2007 meeting. 1/ Chairman Wright called for New Business. Chairman Wright advised that due to the age of the current Proffer Study, which is now four {4) years old, he would. recommend that it be revised to include an annual inflation factor. Chairman Wright moved that the Board direct .staff to make a recommendation to the Board regarding an update of the Proffer Study, to include an annual .inflation factor. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and .Wright voting in favor of the motion; no 'Supervisors voting against the motion; and Supervisor. Brown absent from the meeting. // Interim County Attorney Burton requested a Closed Meeting pursuant to Section 2.2-3711.A.1 of the :Freedom of Information 'Act for the limited purpose of the discussion of salaries for specific public officers; pursuant to Section 2.2-3711.A.7 regarding consultation. with legal counsel regarding probable litigation whereby such consultation in open meeting would adversely affect the negotiating posture of the public body; pursuant to Section 2.2-3711.A.7 regarding consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by counsel; and pursuant to Section 2.2-3711.A.1 regarding a discussion on the performance of an employee of the Board and an evaluation of personnel Supervisor Bradshaw moved. that the Board enter the Closed Meeting for the reasons stated_ by Interim. County .Attorney Burton. The motion was- adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting: against the motion; and Supervisor Brown absent from the meeting. Supervisor Bradshaw moved ,that the Board return to open session. The .motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors. voting against the motion; and. Supervisor Brown absent from the meeting. 64 *. eoo~ 24 : ~ .541 .Supervisor Ivy moved that the Board adopt the following Resolution: 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 Boardof Supervisors. VOTE AYES: Bradshaw, Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: Brown Supervisor Clarke moved that the Board authorize the Chairman to sign the agreement discussed in .Closed Meeting, The motion was adopted by a vote of {4-0} with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting .against the motion; and .Supervisor Brown absent from the meeting. Supervisor Clark moved that he Board direct the County Attorney's office to respond to the Blackwater Regional Library proposal consistent with what was discussed in Closed Meeting. The motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of .the motion; no Supervisors voting against the motion; and Supervisor Brown absent from the meeting.. tr At I0:00 p.m., Supervisor Bradshaw, moved that the Board adjourn its meeting. The motion was adopted by a vote of (5-0) with Supervisors 65 --, - e