11-16-2017 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE ON THURSDAY, THE SIXTEENTH DAY OF NOVEMBER IN
THE YEAR TWO THOUSAND AND SEVENTEEN
PRESENT:
Rex W. Alphin, Chairman, Carrsville District
William M. McCarty, Vice -Chairman, Newport District
Rudolph Jefferson, Hardy District
Joel C. Acree, Windsor District
Richard L. Grice, Smithfield District
ALSO IN ATTENDANCE:
Mark C. Popovich, County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Carey M. Storm, Clerk
CALL TO ORDER
Chairman Alphin called the regular Board of Supervisors' meeting to order at 5:00
p.m. and welcomed all present.
APPROVAL OF AGENDA/AMENDMENTS
On motion of Supervisor McCarty, all those voting in favor (5-0), the Consent
Agenda was approved with the following amendments:
Under New Business, add discussion regarding financial matters.
Under New Business, add discussion involving the Memorandum of
Understanding for the Ballpark in Smithfield and the Community Center in
Windsor.
Under New Business, add discussion regarding the County providing water
to the Isle of Wight Ruritan Club.
CLOSED MEETING
The following matters were identified for discussion in closed meeting by County
Attorney Popovich:
Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning a discussion
regarding the appointment of specific appointees to County boards, committees
Upon motion of Supervisor McCarty, all voting in favor (5-0), the Board entered
the closed meeting for the reasons stated by County Attorney Popovich.
Upon motion of Supervisor Acree and all voting in favor (5-0), the Board
reconvened into open meeting.
County Attorney Popovich reminded the Board that in accordance with Section 2-
10(G) of the Board's Rules & Procedure, all those who participated in the closed
meeting are reminded that all matters discussed in closed meeting are to remain
confidential, as provided under the Virginia Freedom of Information Act, and that
such matters as were discussed in closed meeting should not be acted upon or
discussed in public by any participant unless and until a public, formal action of
the Board of Supervisors is taken on that particular subject matter.
Upon motion of Supervisor McCarty, the following Resolution was adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on this date
pursuant to an affirmative recorded vote and in accordance with the provisions of
the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by
this Board of Supervisors that such closed meeting was conducted in conformity
with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies
that, to the best of each member's knowledge, (i) only public business matters
lawfully exempted from open meeting requirements by Virginia law were discussed
in the closed meeting to which this certification resolution applies, and (ii) only such
public business matters as were identified in the motion convening the closed
meeting were heard, discussed or considered by the Board of Supervisors.
VOTE
AYES: Acree, Alphin, Grice, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
CITIZENS' COMMENTS
Albert Burckard of Titus Point Lane advised that the new historical marker signs
are now in at Fort Huger. The Board was invited to attend a celebration of
General Huger's birthday at the museum at noon on Wednesday, November 22".
John O'Dell, resident of Hanover County, representing the Virginia Water Well
Association, went on record that private water wells are a safe source of drinking
water for citizens.
Herb DeGroft of Mill Swamp Road addressed the Board concerning the increased
cost for the Nike Park Bike Trail project. He encouraged the Board to continue to
pursue its efforts to sell the Blackwater River property to the State and sell the
Stoup property. He recommended cost reductions in operation of 10-15% and
consolidation of services with the School Division.
Board comments were solicited and Supervisor Jefferson addressed County funds
associated with the Nike Park Trail and Route 620 projects.
CONSENT AGENDA
A. Resolution to Amend Chapter 1: Personnel, Article VI, Section 6.8 of the
County Policy Manual and to Abolish Chapter 1: Personnel, Article XIV of
the County Policy Manual
B. Resolution to Accept and Appropriate a Virginia Litter Prevention &
Recycling Grant from the Virginia Department of Environmental Quality
($9,310)
C. Resolution to Accept and Appropriate Funds from the Virginia Department
of Motor Vehicles Animal Friendly License Plate Program ($840)
D. Comprehensive Plan Task Force Member Nominations
E. Request for 2016 Economic Development Incentive Program Grant (EDIG)
and Enterprise Zone Machinery and Tools Tax Grant Payments for ST
Tissue, LLC
F. September 21, 2017 Regular Meeting Minutes
On motion of Supervisor McCarty, all those present voting in favor (5-0), the
Consent Agenda was adopted as presented.
APPOINTMENTS
Supervisor Jefferson submitted his resignation on the Comprehensive Plan
Advisory Committee and moved that James Ford be appointed to serve on the
Comprehensive Plan Advisory Committee, which passed unanimously (5-0).
Supervisor Grice moved that Jerry Terwilliger be reappointed to the Board of
Building Appeals representing the Smithfield District which passed unanimously
(5-0).
SPECIAL PRESENTATIONS
Tommy Catlett, Virginia Department of Transportation, provided a monthly
update on County roadways, as well as paving, mowing and ditch maintenance
efforts.
Supervisor Acree advised of needed improvements to the shoulder on Route 620.
Supervisor McCarty requested and received an explanation for the delay in the
Whippingham Parkway project. He further advised of various needed repairs to
potholes located along Smith's Neck Road, Reynolds Drive, the Carrisbrooke
neighborhood and on Channel Way. He relayed the importance of VDOT keeping
the grass mowed in right-of-way areas throughout the County.
Supervisor Grice advised of the need for a reduced speed limit sign on Route 10
and Blount's Corner Road and one on Day's Point Road.
Chairman Alphin requested additional agricultural equipment road signs.
County Administrator Keaton notified the Board that VDOT has located additional
funding in the amount of $215,851 which will be applied to the Nike Park Trail
project.
Supervisor Acree advised that the lines in the roadway at Battery Park Road and
South Church Street need repainting
William C. Smith, Western Tidewater Regional Jail Superintendent, recognized
Chairman Alphin for his service as a member of the Western Tidewater Regional
Jail Authority Board.
COUNTY ATTORNEY'S REPORT
The Board's By-laws and Rules of Procedure were submitted for review purposes
Ed Easter of Hideaway Lane notified the Board of Supervisor McCarty's recent
offer to pay the bill associated with having the Rescue Community Building
inspected.
County Administrator Keaton advised following an inspection by staff, the cost to
bring the building up to code would be relayed to the Board.
PUBLIC HEARINGS
A. Application of Bay Sand Company, Inc., Applicant, and Everetts Properties,
Inc./Charles H. Rose and Lynn K. Rose, Owners, for a Conditional Use
Permit on 141 Acres of Land Located on a Private Road off of Muddy Cross
Drive to Allow for the Expansion of the Existing Conditional Use of
Resource Extraction to be Permitted on the Property.
Richard Rudnicki, Assistant Director of Planning & Zoning, presented the
application.
The public hearing was opened and comments from those in favor or in opposition
were solicited.
William Riddick, Attorney representing the applicant, stated this is an expansion
of an existing permit and will not cause any different impact on the area. The
economic benefit of this use is significant and the County has received over
$350,000 in extraction fees since 2013; pays $15,000 to $20,000 annually in
equipment tax; and, employs 15 employees. He advised that the applicant did
meet with adjacent property owners prior to the Planning Commission meeting
and an adjacent property owner spoke at the Planning Commission meeting stating
that he was satisfied that it would not impact his property. He respectfully
disagreed with the conclusions of Mr. Burckard who spoke against the application
on behalf of the Isle of Wight Citizens Association due to degradation of the
property. He stated the County is blessed with this type of material which is
necessary for progress used for road building and construction sites. He stated
there are other borrow pits in the County which are used for residential
applications, but this one would not be subject to that use because it is located
outside the development service districts. He stated they are also collection places
for surface water and the topsoil is retained. He stated site is well off the road and
will not have a negative visual impact.
Albert Burckard, on behalf of the Isle of Wight Citizens Association, stated the
Association adopted a resolution against open pit mining in the County. Members
in the audience in support of the resolution stood.
Tl 1 1' i ' 1 1 1 n 1 ,. -..---1'_'�_ 7
Supervisor Grice commented that the neighbor adjacent to the property has no
opposition to this project and he would be the person most affected by this
application. He stated sand does generate revenue for the County and with respect
to the removal of any topsoil, the County would welcome the contribution of any
topsoil to maintain County's landfill.
On motion of Supervisor Acree, all members voting in favor (5-0), the application
for a Conditional Use Permit was approved as presented.
B. Sign Easement Agreement with Virginia Electric Power Company d.b.a.
Dominion Energy Virginia
David Smith, Director of Parks and Recreation, provided background information
on the project.
The public hearing was opened and comments from those in favor or in opposition
were solicited.
No one appeared and spoke and the public hearing was closed.
On motion of Supervisor Jefferson, all members voting in favor (5-0), staff was
authorized to execute a Sign Easement Agreement with Virginia Electric Power
Company d.b.a. Dominion Energy Virginia.
C. Amend and Reenact Chapter 14A, Stormwater Management of the Isle of
Wight County Code
County Attorney Popovich commented that the proposed revisions are relative to
Mr. Jenning's prior presentations to the Board related to Stormwater regulations.
The public hearing was opened and comments from those in favor or in opposition
were solicited.
No one appeared and spoke.
The public hearing was closed and Board comments were solicited.
Responsive to Supervisor Acree, Mr. Jennings responded that the Department of
Mines, Minerals and Energy regulates borrow pit operation regarding its slope.
On motion of Supervisor McCarty, all members voting in favor, the following
Ordinance amendment was adopted:
OLTAD'r D 1 A A Q'rnDA4'%1TATT:'D A4AT%TA0-TZA4r'KT'r*
adopts the applicable regulations that specify standards and specifications for
VSMPs promulgated by the state board for the purposes set forth in this chapter.
In accordance with 9VAC25-870-148, the Board of Supervisors of Isle of Wight
County hereby designates the director of utility services or an authorized designee
as the program administrator of the Isle of Wight County Stormwater Management
Program.
(b) The Isle of Wight County Board of Supervisors, as provided in article IX of
this chapter, shall set appropriate levels of stormwater management utility fees so
that adequate revenues will be generated to provide for a balanced operating and
capital improvement budget for operation and maintenance of the county's
stormwater assets. (5-1-14.)
Sec. 14A-2. - Findings of fact.
The waters and waterways within the county are, at times, subjected to flooding;
that such flooding is a danger to the lives and property of the public; that such
flooding is also a danger to the natural resources of the county; that development
tends to exacerbate such flooding by increasing stormwater runoff due to
alteration of the hydrologic response of the watershed in changing from the
undeveloped to the developed condition; that such increased flooding produced by
the development of real property contributes increased quantities of water -borne
pollutants, and tends to increase channel erosion; that such increased flooding,
increased erosion, and increased pollution constitutes deterioration of the water
resources of the county; and that such increased flooding, increased erosion and
increased pollution can be controlled to some extent by the regulation of
stormwater runoff from such development. Therefore, it is determined that it is in
the public interest to establish requirements to regulate the discharge of
stormwater runoff from such developments as provided in this chapter. (5-1-14.)
Sec. 14A-3. - Purpose.
It is the purpose of this chapter to establish minimum stormwater management
requirements and controls to protect properties, safeguard the general health,
safety, and welfare of the public residing in watersheds within this jurisdiction,
protect the quality of state waters from the potential harm caused by land -
disturbing activity, and to establish procedures whereby stormwater requirements
related to water quality and quantity shall be administered and enforced.
(a) This ordinance is adopted pursuant to Article 23 (§ 62.1-44.15:27 et seq.)
of Chapter 3.1 of Title 62.1 of the Code of Virginia.
(b) This chapter seeks to meet these purposes through the following objectives:
I. Require that land development and land conversion activities as nearly as
practicable mimic the pre -development runoff characteristics in order to reduce
flooding, siltation, stream bank erosion, and property damage;
2. Establish minimum design criteria for the protection of properties and
aquatic resources downstream from land development and land conversion
activities from damages due to increases in volume, velocity, frequency, duration,
Sec. 14A-4. - Applicability.
(a) All land development projects disturbing greater than or equal to one acre of
land or two thousand five hundred square feet within the Chesapeake Bay
watershed, as well as all modifications to existing stormwater systems and all
illicit discharges, shall comply with the requirements of this chapter, except as
provided for in section 62.1-44.15:34C of the Code of Virginia, also listed below,
or such exceptions as may be granted pursuant to article IV of this chapter.
(b) Pursuant to section 62.1-44.15:34C of the Code of Virginia, the following
activities are exempt from this chapter:
1. Permitted surface or deep mining operations and projects, or oil and gas
operations and projects conducted under the provisions of Title 45:1;
2. Clearing of lands specifically for agricultural purposes and the management,
tilling, planting or harvesting of agricultural, horticultural, or forest crops,
livestock feedlot operations, or as additionally set forth by the board in
regulations, including engineering operations as follows: construction of terraces,
terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping,
lister furrowing, contour cultivating, contour furrowing, land drainage, and land
irrigation; however, this exception shall not apply to harvesting of forest crops
unless the area on which harvesting occurs is reforested artificially or naturally in
accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) or is converted
to bona fide agricultural or improved pasture use as described in subsection B of §
10.1-1163;
3. Single-family residences separately built and disturbing less than one acre
and not part of a larger common plan of development or sale, including additions
or modifications to existing single-family detached residential structures.
However, properties where land disturbance exceeds two thousand five hundred
square feet that are subject to the Chesapeake Bay Preservation Act (§ 62.1-
44.15:67 et seq.) may be subject to these regulations based on criteria defined in
the Stormwater Policy and Procedure Manual;
4. Land -disturbing activities that disturb less than one acre of land area except
for land -disturbing activity exceeding an area of two thousand five hundred square
feet in all areas of the jurisdictions designated as subject to the Chesapeake Bay
Preservation Area Designation and Management Regulations (9VAC25-830)
adopted pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et
seq.) or activities that are part of a larger common plan of development or sale that
is one acre or greater of disturbance.
5. Discharges to a sanitary sewer or combined sewer system;
6. Activities under a state or federal reclamation program to return an
abandoned property to an agricultural or open land use;
7. Routine maintenance that is performed to maintain the original line and
grade, hydraulic capacity, or original construction of the project. The paving of an
existing road with a compacted or impervious surface and reestablishment of
existing associated ditches and shoulders shall be deemed routine maintenance if
(c) Stormwater management plans submitted shall be governed by the
stormwater criteria found in the latest edition of the Virginia Stormwater
Management Handbook as well as other criteria referenced therein. Final
authorization of all projects will be determined after review by the Isle of Wight
County Stormwater Division. (5-1-14.)
Sec. 14A-5. - Compatibility with other permit and ordinance requirements.
Approvals issued pursuant to this chapter do not relieve the applicant of the
responsibility to secure required permits or approvals for activities regulated by
any other applicable code, rule, act or ordinance at the local, state, or federal level.
If more stringent requirements concerning regulation of stormwater are contained
in the other code, rule, act or ordinance, the more stringent regulation shall apply.
(5-1-14.)
Sec. 14A-6. - Severability.
If the provisions of any article, section, subsection, paragraph, subdivision or
clause of this chapter shall be judged invalid by a court of competent jurisdiction,
such order or judgment shall not affect or invalidate the remainder of any article,
section, subsection, paragraph, subdivision or clause of this chapter. (5-1-14.)
Sec. 14A-7. - Adoption of the Virginia Stormwater Management Handbook and
the BMP Clearinghouse.
Isle of Wight County will utilize the policy, criteria and information, including
specifications and standards of the latest edition of the Virginia Stormwater
Management Handbook (VSMH, Handbook) and incorporated references therein,
for the proper implementation of the requirements of this chapter. The BMP
Clearinghouse includes a list of acceptable stormwater management facilities, and
the specific design criteria for each stormwater facility. The Handbook and BMP
Clearinghouse may be updated and expanded from time to time, based on
improvements in engineering, science, monitoring and local maintenance
experience. Stormwater management facilities designed and constructed in
accordance with these design and sizing criteria will be presumed to meet the
minimum water quality performance standards. (5-1-14.)
Article II. - Definitions.
Sec. 14A-8. - Definitions.
In addition to the definitions set forth in 9VAC25-870-10 of the Virginia
Stormwater Management Regulations, as amended, which are expressly adopted
and incorporated herein by reference, the following words and terms used in this
chapter have the following meanings unless otherwise specified herein. Refer to
the latest edition of the Virginia Stormwater Management Handbook for additional
definitions not contained in this chapter.
Administrator\ or program administrator for the purposes of this chapter means the
VSMP authority, the director of the Isle of Wight County Utility Services
Department or authorized designee responsible for administering the VSMP on
behalf of Isle of Wight County.
A Rrnomon+ ire 1in..�� n n+.�rrnn+or rnnnnremm�n+ r�nn5 mnnnn n nrn�rnn+ tiaat»rraan
Applicant\ means any person submitting an application for a permit or requesting
issuance of a permit under this chapter.
Best management practice (BMP),. means schedules of activities, prohibitions of
practices, including both structural and nonstructural practices, maintenance
procedures, and other management practices to prevent or reduce the pollution of
surface waters and groundwater systems from the impacts of land-disturbing
activities.
Chesapeake Bay Preservation Act (CBPA) land-disturbing activity\ means a land-
disturbing activity including clearing, grading, or excavation that results in a land
disturbance equal to or greater than two thousand five hundred square feet and less
than one acre in all areas of jurisdictions designated as subject to the Chesapeake
Bay Preservation Area Designation and Management Regulations (9VAC25-830)
adopted pursuant to the Chesapeake Bay Preservation Act, Code of Virginia, §
62.1-44.15:67, et seq.
Clean Water A& or CWA means the federal Clean Water Act (33 U.S.0 § 1251 et
seq.), formerly referred to as the Federal Water Pollution Control Act or Federal
Water Pollution Control Act Amendments of 1972, Public Law 92-500, as
amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and
Public Law 97-117, or any subsequent revisions thereto.
Common plan of development or sale'. means a contiguous area where separate
and distinct construction activities may be taking place at different times on
difference schedules.
Control measure\ means any best management practice or stormwater facility, or
other method used to minimize the discharge of pollutants to state waters.
Credits'. means a reduction in a nonresidential customer's stormwater user fee
given for certain qualifying activities that either reduce the impact of increased
stormwater runoff or reduce the county's costs of providing stormwater
management.
Department\ means the Virginia Department of Environmental Quality.
Developed nonresidential property\ means developed property that does not serve
a primary purpose of providing permanent dwelling units. Such property shall
include, but not be limited to, commercial properties, industrial properties, parking
lots, recreational and cultural facilities, hotels, offices, hospitals, churches,
manufactured home parks, apartment buildings, and other multifamily properties
with more than four dwelling units.
Developed property! means a real property that has been altered in whole or in part
from its "natural" state by the addition of any improvements such as buildings,
structures, paving and,, or other impervious surfaces.
Developed residential property\ means a developed property containing at least
one, but no more than four, dwelling unit, accessory structure, or other
improvement. Such properties shall include, but not be limited to, those with
single -family houses, condominiums, duplexes, triplexes, quadruplexes,
townhouses and manufactured homes {that are not located in a manufactured
11nma hart l AaAc. rtararrac and nfbar arraconr%r ctrm-fiirs.e
Equivalent residential unit\ or ERU means the equivalent impervious area of a
single-family developed residential property per dwelling unit located within the
county based on the statistical average horizontal impervious area of a single-
family residence in the county. The ERU is defined in the uniform fee schedule.
ERU rate\ means the fee charged for one equivalent residential unit, as shall be set
out in the Isle of Wight Uniform Fee Schedule, as adopted by the Isle of Wight
County Board of Supervisors, as it may be amended.
General permit, means the state permit titled General VPDES Permit for
Discharges of Stormwater from Construction Activities found in part 9VAC25-
880-1 et seq. of the stormwater regulations authorizing a category of discharges
under the Clean Water Act and the Virginia Stormwater Management Act within a
geographical area of the Commonwealth of Virginia.
Land disturbance\ or land -disturbing activity means a manmade change to the land
surface that potentially changes its runoff characteristics including clearing,
grading, or excavation except that the term shall not include those exemptions
specified in section 62.1-44.15:34C of the Code of Virginia.
Layout\ means a conceptual drawing sufficient to provide for the specified
stormwater management facilities required at the time of approval.
Manufactured home park\ means a lot or parcel on which are located, or which is
arranged or equipped for the accommodation of, two or more manufactured homes
occupied for living purposes.
Minor modification\ means an amendment to an existing general permit before its
expiration not requiring extensive review and evaluation including, but not limited
to, changes in EPA promulgated test protocols, increasing monitoring frequency
requirements, changes in sampling Iocations, and changes to compliance dates
within the overall compliance schedules. A minor general permit modification or
amendment does not substantially alter general permit conditions, substantially
increase or decrease the amount of surface water impacts, increase the size of the
operation, or reduce the capacity of the facility to protect human health or the
environment.
Operator's means the owner or operator of any facility or activity subject to
regulation under this chapter.
Permittee\ means the person to whom the VSMP authority permit is issued.
Person\ means any individual, corporation, partnership, association, state,
municipality, commission, or political subdivision of a state, governmental body,
including a federal, state, or local entity as applicable, any interstate body or any
other legal entity.
Private stormwater facilities', means various stormwater and drainage works not
under the control or ownership of the county, state or federal government which
may include inlets, conduits, pipes, pumping stations, manholes, structures,
channels, outlets, retention or detention basins, other structural components and
equipment designed to transport, move, treat or regulate stormwater.
Public stormwater facilities -S means various stormwater and drainage works under
FIS... ......+--I -- .....».-.....1.... --r 4-U— . +. ..4-..4.. __ -P— .a.. 1 .ran..
connection with the facility or land --disturbing activity. Areas channelward of
mean low water in tidal Virginia shall not be considered part of a site.
State% means the Commonwealth of Virginia.
State board, means the Virginia State Water Control Board.
State permit) means an approval to conduct a land -disturbing activity issued by the
state board in the form of a state stormwater individual permit or coverage issued
under a state general permit or an approval issued by the state board for
stormwater discharges from an MS4. Under these state permits, the
Commonwealth imposes and enforces requirements pursuant to the federal Clean
Water Act and Regulations, the Virginia Stormwater Management Act and the
Regulations.
State Water Control Law'., means Chapter 3.1 Q 62.1-44.2 et seq.) of Title 62.1 of
the Code of Virginia.
State waters) means all waters on the surface and under the ground wholly or
partially within or bordering the commonwealth or within its jurisdiction,
including wetlands.
Stormwater'., means precipitation that is discharged across the land surface or
through conveyances to one or more waterways and that may include stormwater
runoff, snow melt runoff, and surface runoff.
Stormwater management plan, or plan means a document(s) containing material
for describing methods for complying with the requirements of the VSMP or this
chapter.
Stormwater management revenues', or revenues mean all rates, fees, assessments,
rentals, other charges or other income received in connection with the
management and operation of the County assets, including amounts received from
the investment or deposit of moneys in any fund or account and any amounts
contributed by the county, "fees -in -lieu -of' provided by developers or individual
residents, and the proceeds from sale of utility bonds.
Stormwater management facilities) means the stormwater management assets,
infrastructure, and equipment of the county and all improvements thereto for
stormwater control in the county. Infrastructure and equipment shall include
structural and natural stormwater control facilities of all types, including, without
limitation, retention and detention basins, storm drainage pipes, conduits, pumping
stations, and other plants, structures, and real and personal property used for
support of the county's assets..Facilities do not include privately owned farm
ditches and other private or public drainage systems serving industrial,
commercial, roadway, homeowners association or other facilities serving privately
owned property.
Stormwater management utility, stormwater utility,",.' or utility means the enterprise
fund created by this article to operate, maintain and improve the county's
stormwater management assets.
Stormwater pollution prevention plan. or SWPPP means a document that is
prepared in accordance with good engineering practices and that identifies
Total maximum daily load\ or TMDL means the sum of the individual wasteload
allocations for point sources, load allocations for nonpoint sources, natural
background loading and a margin of safety. TMDLs can be expressed in terms of
either mass per time, toxicity, or other appropriate measure. The TMDL process
provides for point versus nonpoint source trade-offs.
Undeveloped propertyk means any parcel which has not been altered from its
natural state to disturb or alter the topography or soils on the property in a manner
which substantially reduces the rate of infiltration of stormwater into the earth.
Utility fees\ means the user fees based upon the ERU rate applied to property
owners of developed residential property and developed nonresidential property,
all as more fully described in this article. The minimum utility fee is one ERU
multiplied by the ERU rate.
Virginia Stormwater Management Acfor Act means Article 2.3 (§ 62.1-44.15:24
et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia.
Virginia Stormwater BMP Clearinghouse website\ means a website that contains
detailed design standards and specifications for control measures that may be used
in Virginia to comply with the requirements of the Virginia Stormwater
Management Act and associated regulations.
Virginia Stormwater Management Program\ or VSMP means a program approved
by the state board after September 13, 2011, that has been established by a Iocality
to manage the quality and quantity of runoff resulting from land -disturbing
activities and shall include such items as local ordinances, rules, permit
requirements, annual standards and specifications, policies and guidelines,
technical materials, and requirements for plan review, inspection, enforcement,
where authorized in this article, and evaluation consistent with the requirements of
this article and associated regulations.
Virginia Stormwater Management Program Authority's, or VSMP authority means
an authority approved by the state board after September 13, 2011, to operate a
Virginia Stormwater Management Program.
VSMP authority permit means an approval to conduct a land -disturbing activity
issued by the administrator for the initiation of a land -disturbing activity, in
accordance with this chapter, and which may only be issued after evidence of
general permit coverage has been provided by the department. (5-1-14.)
Article III. - Stormwater Management Program Permit Procedures and
Requirements.
Sec. 14A-9. - Permit required.
(a) No person may engage in any land -disturbing activity until a VSMP
authority permit, has been issued in accordance with the provisions of this chapter,
unless otherwise exempt per section 14A-4 of this chapter or exempt per section
6.3 of the Isle of Wight County Erosion and Sedimentation Control Ordinance
(chapter 6).
(b) Should a land -disturbing activity associated with an approved plan in
(c) A Chesapeake Bay Preservation Act Land-Disturbing Activity shall be
subject to an erosion and sediment control plan consistent with the requirements of
the erosion and sedimentation control ordinance (chapter 6), a stormwater
management plan as outlined under section 14A-13, the technical criteria and
administrative requirements for land-disturbing activities outlined in article V, and
the requirements for long-term maintenance of control measures outlined under
article VII. Any exception for a Chesapeake Bay Preservation Act Land-
Disturbing Activity shall be requested in accordance with section 14A-18 of this
ordinance. (5-1-14.)
Sec. 14A-10. - Permit application requirements and procedures.
(a) Unless specifically excluded by this chapter, any landowner or operator
desiring a VSMP authority permit for a land-disturbing activity shall submit to the
Isle of Wight County Stormwater Division a permit application on a form
provided by the Isle of Wight County Stormwater Division. A person shall not
conduct any land-disturbing activity until he has submitted a permit application to
the VSMP authority that includes a state VSMP permit registration statement, if
such statement is required.
(b) A VSMP authority permit shall be issued by the administrator or an
authorized designee, when the following items have been submitted to and
approved by the administrator as prescribed herein:
1. The VSMP authority permit application shall include evidence of state
VSMP permit coverage, if such is required;
2. A stormwater pollution prevention plan (SWPPP) in accordance with
9VAC25-870-54 and 9VAC25- 880--70:
i. An approved erosion and sediment control plan in accordance with the Isle
of Wight County Code of Ordinances, chapter 6: Erosion and sedimentation
control; and
ii. An approved stormwater management plan or an executed agreement in lieu
of a stormwater plan in accordance with section 14A-13 of this chapter; and
iii. An approved pollution prevention plan in accordance with section 14A-14
of this chapter; and
iv. Description of any additional control measures necessary to address a
TMDL.
3. Stormwater management maintenance plan. The design and planning of all
stormwater management facilities shall include detailed maintenance procedures
to ensure their continued function. This plan should be prepared in accordance
with section 14A-16 of this chapter.
4. Maintenance agreement. The owner must execute a maintenance easement
and a maintenance agreement binding on all subsequent owners of land served by
an on-site stormwater management facility in accordance with the specifications in
section 14A-16 of this chapter prior to issuance of any permits for land-disturbing
activities.
5. Other environmental permits. The applicant shall assure that all other
nr.r�nnl-.�n ]nn-I nhnh_ 4 N+n J'_ Iftao- P^n
8. For detached single-family homes within or outside of a common plan of
development or sale a state VSMP permit registration statement is not required;
however, such projects must adhere to the requirements of the general permit.
(c) Applications for VSMP authority permits shall be filed with the Isle of
Wight County Stormwater Division by appointment during regular business hours.
(d) After state permit and VSMP authority permit coverage has been issued, the
following conditions apply:
1. The applicant shall comply with all applicable requirements of the approved
plan and this chapter and shall certify that all Iand clearing, construction, land
development and drainage will be done according to the approved plan;
2. The land development project shall be conducted only within the area
specified in the approved plan;
3. The Isle of Wight County Stormwater Division shall be allowed, after
giving reasonable notice to the owner, occupier or operator of the land
development project to conduct periodic inspections of the project;
4. The person responsible for implementing the approved plan shall conduct
monitoring and submit reports as the Isle of Wight County Stormwater Division
may require to ensure compliance with the approved plan and to determine
whether the plan provides effective stormwater management;
5. No changes may be made to an approved plan without review and written
approval by the Isle of Wight County Stormwater Division; and
6. A certified inspection of all aspects of the stormwater management facility,
including surface as -built surveys, and geotechnical inspections during subsurface
or backfilling and compaction activities shall be required.
(e) No zoning, building or other local permit shall be issued prior to a state
permit being issued, if such is required. (5-1-14.)
Sec. 14A-11. - Permit fees.
(a) Pursuant to Code of Virginia, § 62.1-44.15:28 and 9VAC25-870-820,
applicants shall submit to the Isle of Wight County Stormwater Division, a
nonrefundable fifty percent of the total fee due with the submittal of the
stormwater management plan with the remainder due prior to issuance of the state
permit and/or the VSMP authority permit.
(b) Pursuant to 9VAC25-870-825, Applicants shall submit to the Isle of Wight
County Stormwater Division fees associated with the modification or transfer of
the construction general permit.
(c) Pursuant to 9VAC25-870-830, applicants shall submit to the Isle of Wight
County Stormwater Division yearly maintenance fees associated the construction
general permit.
(d) Pursuant to 9VAC25-870-770, incomplete payments shall be deemed as
non -payments, interest may be charged on late payments, and a ten percent late
payment fee shall be applied to delinquent accounts.
(e) See the Isle of Wight County Uniform Fee Schedule for complete listing of
fees that may apply. (5-1-14.)
(c) The SWPPP must be maintained by the operator at a central location onsite.
If an onsite location is unavailable, notice of the SWPPP's location must be posted
near the main entrance at the construction site. Operators shall make the SWPPP
available for public review in accordance with Section II of the general permit,
either electronically or in hard copy. (5-1-14.)
Sec. 14A-13. - Stormwater management plan contents.
(a) No zoning, building, Iand disturbing, or VSMP authority permit shall be
issued prior to a final stormwater management plan being approved, or a waiver
thereof, by the Isle of Wight County Stormwater Division after determining that
the plan or waiver is consistent with the requirements of this chapter.
(b) Pursuant to 9VAC25-870-55.A, the stormwater management plan shall be
developed in accordance with the following:
1. A stormwater management plan for a land -disturbing activity shall apply the
stormwater management technical criteria set forth in this chapter to the entire
land -disturbing activity. Individual lots in new residential, commercial, or
industrial developments shall not be considered separate land -disturbing activities.
2. A stormwater management plan shall consider all sources of surface runoff
and all sources of subsurface and groundwater flows converted to surface runoff.
(c) All stormwater management plans shall be appropriately sealed and signed
by a professional in adherence to all minimum standards and requirements
pertaining to the practice of that profession in accordance with Chapter 4 (§ 54.1-
400 et seq.) of Title 54.1 of the Code of Virginia and attendant regulations
certifying that the plan meets all submittal requirements outlined in this chapter
and is consistent with good engineering practice.
(d) Stormwater management plan contents shall include all of the information
required in the plan checklist. This includes, but is not limited to, the following:
1. Contact information. The name, address, and telephone number of all
persons having a legal interest in the property and the tax reference number and
parcel number of the property or properties affected. Contact information for Isle
of Wight County Stormwater Division should also be provided.
2. Topographic base map. A one inch = two hundred feet topographic base
map of the site that extends a minimum of two hundred feet beyond the limits of
the proposed development or the extents of the property, whichever is greater. The
map must indicate contour lines, existing surface water drainage including
streams, ponds, culverts, ditches, floodplains, other water bodies and wetlands;
current land use including all existing structures; locations of utilities, roads, and
easements; and significant natural and manmade features not otherwise shown.
3. The proposed features map must also include the Iimits of clearing and
grading, and the proposed drainage patterns on the site, proposed buildings, roads,
parking areas, utilities, and stormwater management facilities, and proposed land
use with tabulation of the percentage of surface area to be adapted to various uses,
including but not limited to planned locations of utilities, roads, and easements.
4. Soils information. Geotechnical properties for the hydrologic and structural
rrrrorkinn ^V on it n niknll " in n yr ;In Tl,a n»hmi*tart rar.r,rF nnrl nn
and other native vegetative areas on the site. Particular attention should be paid to
environmentally sensitive features that provide particular opportunities or
constraints for development.
6. Stormwater management facility location. Proposed stormwater
management facilities must be located in conformance to the following siting
criteria: A stormwater management facility must be a minimum of twenty feet
from the public right-of-way, property lines, easements, or any building. The
setback for the stormwater management facility is measured as the distance from
the highest continuous contour elevation inside the stormwater management
facility to the ultimate right-of-way line or the nearest portion of any building.
7. Stormwater management facility landscaping plan. The applicant must
present a detailed landscaping plan describing the woody and herbaceous
vegetative stabilization and management techniques to be used within and
adjacent to the stormwater practice. The landscaping plan must also describe who
will be responsible for the maintenance of vegetation at the site and what practices
will be employed to ensure that adequate vegetative cover is preserved. This plan
must be prepared by a qualified individual familiar with the selection of emergent
and upland vegetation appropriate for the selected BMP and approved by the
program administrator.
8. Maintenance easements. The applicant must ensure unimpeded access to all
stormwater treatment practices at the site for the purpose of inspection and repair
by securing all the necessary maintenance easements needed on a permanent basis
in accordance with section 14A-15 of this chapter and the Isle of Wight County
Stormwater Program Policies and Procedures.
9. BMP data sheet for each stormwater management facilities, including:
i. The type of facilities;
ii. Location, including geographic coordinates;
iii. Contributing drainage area;
iv. The surface waters into which the facility will discharge;
V. The amount of impervious and pervious areas within the contributing
drainage area of the stormwater management facility; and
vi. The number of pounds of phosphorus, nitrogen, and sediment to be removed
by the stormwater management facility.
10. Calculations. Hydrologic and hydraulic design calculations for the pre -
development and post -development conditions for the design storms as specified
in the technical criteria. Such calculations shall include, but not limited to:
i. Description of the design storm frequency, intensity and duration;
ii. Time of concentration;
iii. Soil curve numbers or runoff coefficients;
iv. Sufficient data to indicate the post developed peak runoff rates and total
runoff volumes for each watershed area do not exceed the pre -developed runoff
rates and volumes;
V. Infiltration rates, where applicable;
(e) If an operator intends to meet the requirements established in 9VAC25-870-
63 or 9VAC25-870-66 through the use of off-site compliance options, where
applicable, then a letter of availability from the off-site provider must be included
with the submittal documents. (5-1-14.)
Sec. 14A -I4. - Pollution prevention plan contents.
(a) Pollution prevention plan, required by 9VAC25-870-56, shall be developed,
implemented, and updated as necessary and must detail the design, installation,
implementation, and maintenance of effective pollution prevention measures to
minimize the discharge of pollutants. At a minimum, such measures must be
designed, installed, implemented, and maintained to:
I. Minimize the discharge of pollutants from equipment and vehicle washing,
wheel wash water, and other wash waters. Wash waters must be treated in a
sediment basin or alternative control that provides equivalent or better treatment
prior to discharge;
2. Minimize the exposure of building materials, building products,
construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides,
detergents, sanitary waste, and other materials present on the site to precipitation
and to stormwater; and
3. Minimize the discharge of pollutants from spills and leaks and implement
chemical spill and leak prevention and response procedures.
(b) The pollution prevention plan shall include effective best management
practices to prohibit the following discharges:
I. Wastewater from washout of concrete, unless managed by an appropriate
control;
2. Wastewater from washout and cleanout of stucco, paint, form release oils,
curing compounds, and other construction materials;
3. Fuels, oils, or other pollutants used in vehicle and equipment operation and
maintenance; and
4. Soaps or solvents used in vehicle and equipment washing.
(c) Discharges from dewatering activities, including discharges from
dewatering of trenches and excavations. are prohibited unless managed by
appropriate controls. (5-1-14.)
Sec. 14A-15. - Review of stormwater management plan.
(a) The administrator, or any duly authorized agent, shall review stormwater
management plans and shall approve or disapprove a stormwater management plan
according to the following:
1. The administrator shall determine the completeness of a plan in accordance
with section 14A-12 of this chapter, and shall notify the applicant, in writing of
such determination, within fifteen calendar days of receipt. If the plan is deemed to
be incomplete, the above written notification shall contain the reasons the plan is
deemed incomplete.
2. The administrator shall have an additional thirty calendar days from the date
of the communication of completeness to review the plan, except that if a
approving the plan shall be provided in writing. Approval or denial shall be based
on the plan's compliance with the requirements of this chapter.
5. If a plan meeting all requirements of this chapter is submitted and no action
is taken within the time provided above in subdivision (2) for review, the plan
shall be deemed approved.
(b) Approved stormwater plans may be modified as follows:
I . Modifications to an approved stormwater management plan shall be allowed
only after review and written approval by the administrator or an authorized
designee. The administrator shall have sixty calendar days to respond in writing
either approving or disapproving such modified plan.
2. The administrator may require that an approved stormwater management
plan be amended, within a time prescribed by the administrator, to address any
deficiencies noted during inspection.
(c) A construction record drawing for permanent stormwater management
facilities shall be submitted to the program administrator. The construction record
drawing shall be appropriately sealed and signed by a professional registered in
the Commonwealth of Virginia, certifying that the stormwater management
facilities have been constructed in accordance with the approved plan. (5-1-14.)
Sec. 14A-16. - Stormwater management facility maintenance agreements.
(a) For any plan that has a stormwater management facility, the owner of the
site shall execute a maintenance agreement to include declaration of covenants,
maintenance plan, and easement(s) that shall be binding on all subsequent owners
of land served by the stormwater management facility prior to county permit
issuance.
(b) The maintenance agreement shall provide for access, in accordance with the
Isle of Wight County Stormwater Program Policies and Procedures, to the
stormwater management facility at reasonable times for periodic inspection by the
Isle of Wight County Stormwater Division, agent or assigns, and for regular or
special assessments of property owners to ensure that the facility is maintained in
proper working condition to meet design standards and any other provisions
established by this chapter. The maintenance agreement shall be recorded by the
applicant in the land records of the circuit court clerk's office of Isle of Wight
County and the applicant shall be responsible for providing the Isle of Wight
County Stormwater Division with a copy of such recorded agreement.
(c) Maintenance agreements shall include:
I. Maintenance easement(s):
i. The applicant must ensure unimpeded access to all stormwater treatment
practices at the site for the purpose of inspection and repair by securing all the
necessary maintenance easements needed on a permanent basis. These easements
shall be of sufficient size to allow access for equipment and acceptable to the
program administrator and will be recorded with the maintenance plan and
maintenance agreement and will remain in effect even with transfer of title to the
property. No maintenance easement will be dedicated to the county without the
.._........,...,.a .....:" .... ..............I , r4.L. ,... _ 1... ,.".........., --A +i. .. w..,... a......-:..4.. 4--
ii. Maintenance checklist.
iii. Estimate of maintenance costs.
3. Declaration of covenants:
L Maintenance of all stormwater management facilities shall be verified
through the creation of a formal maintenance covenant that must be approved by
the Isle of Wight County Stormwater Division and recorded into the land records
of Isle of Wight County prior to final plan approval. The covenant shall identify
by name or official title the person(s) responsible for carrying out the maintenance.
Responsibility for the operation and maintenance of stormwater management
facilities, unless assumed by a governmental agency, shall remain with the
property owner and shall pass to any successor or owner. If portions of the land
are to be sold, legally binding arrangements shall be made to pass the basic
responsibility to successors in title. These arrangements shall designate for each
property owner, governmental agency, or other legally established entity to be
permanently responsible for maintenance. As part of the covenant, a schedule shall
be developed for when and how often maintenance will occur to ensure proper
function of the stormwater management facility. The covenant shall also include
plans for annual inspections to ensure proper performance of the facility between
scheduled maintenance and should also include "failure to maintain" provisions.
ii. When any new stormwater management facility is installed on private
property, or when any new connection is made between private property and a
public drainage control system or asset, the property owner shall grant, after given
notice and the opportunity to accompany the inspection, to the Isle of Wight
County Stormwater Division, and assigns, the right to enter the property at
reasonable times and in a reasonable manner for the purpose of inspection. This
provision includes the right to enter a property when it has a reasonable basis to
believe that a violation of this chapter is occurring or has occurred, and to enter
when necessary for abatement of a public nuisance or correction of a violation of
this chapter.
(d) In the event that maintenance or repair is neglected, or the stormwater
management facility becomes a danger to public health or safety, the Isle of Wight
County Stormwater Division reserves the authority to perform the work and to
recover the costs from the owner.
(e) The Isle of Wight County Stormwater Division, in lieu of a maintenance
covenant, may accept dedication of any existing or future stormwater management
facility for maintenance, provided such facility meets all the requirements of this
section and includes adequate and perpetual access and sufficient area, by
easement or otherwise, for inspection and regular maintenance. (5-1-14.)
Sec. 14A-17. Performance and surety bonds.
(a) The Isle of Wight County Stormwater Division shall require the submittal of
a performance security or bond with surety, cash escrow, letter of credit or such
other acceptable legal arrangement prior to issuance of any county permit in order
to ensure that the stormwater practices are installed by the permit holder as
3. If the Isle of Wight County Stormwater Division takes such action upon
such failure by the applicant, the Isle of Wight County Stormwater Division may
collect from the applicant for the difference should the amount of the reasonable
cost of such action exceed the amount of the security held.
4. Within sixty days of the completion of the requirements of the approved
stormwater management plan in the form of certified, as -built report and survey,
such bond, cash escrow, letter of credit or other legal arrangement, except for the
Iandscaping survivability, shall be refunded to the applicant or terminated.
5. The landscaping portion of the stormwater management plan shall be
inspected one year after installation with replacement in accordance with the final
plans and specifications prior to final release.
6. These requirements are in addition to all other provisions of the Isle of
Wight County Code of Ordinances relating to the issuance of such plans and are
not intended to otherwise affect the requirements for such plans. (5-1-14.)
Article IV. - Exceptions to Stormwater Management Requirements.
Sec. 14A-18. - Exceptions for providing stormwater management.
(a) The VSMP authority may grant exceptions to the provisions of Part II B or
Part II C of the VSMP regulations. An exception may be granted provided that:
1. The exception is the minimum necessary to afford relief,
2. Reasonable and appropriate conditions shall be imposed as necessary upon
any exception granted so that the intent of the Act and this chapter are preserved,
3. Granting the exception will not confer any special privileges that are denied
in other similar circumstances, and
4. Exception requests are not based upon conditions or circumstances that are
self-imposed or self-created.
(b) Economic hardship alone is not sufficient reason to grant an exception from
the requirements of this chapter.
(c) Under no circumstance shall the VSMP authority grant an exception to the
requirement that the land -disturbing activity obtain required state permits, nor
approve the use of a BMP not found on the Virginia Stormwater BMP
Clearinghouse website, except where allowed under Part 11 C (9VAC25-870-93 et
seq.) of the VSMP regulations.
(d) Exceptions to requirements for phosphorus reductions shall not be allowed
unless offsite options available through 9VAC25-870-69 have been considered
and found not available.
(e) A record of all exceptions granted shall be maintained by the VSMP
authority in accordance with 9VAC25-870-126. (5-1-14.)
Article V. - Stormwater Management Criteria.
Sec. 14A-19. - Generally.
(a) To protect the quality and quantity of state water from the potential harm of
All: -I,+
stormwater runoff resulting from land -/disturbing activities, Isle of
{ll.RI,+ ! '�.�r. ��. �.'fw�".��• -A--+- 4� +--1--] �t..iAt - YAt� __Y ]f +AM 1--A IYY +fi 1,;__
pursuant to this chapter, except as expressly set forth in subsection (b) of this
section.
(b) Any Iand-disturbing activity shall be considered grandfathered by the
VSMP authority and shall be subject to the Part II C technical criteria (9VAC25-
870-93 thru 9VAC25-870-99) of the VSMP regulations provided:
1. A proffered or conditional zoning plan, zoning with a plan of development,
preliminary or final subdivision plat, preliminary or final site plan, or any
document determined by the locality to be equivalent thereto (i) was approved by
the locality prior to July 1, 2012, (ii) provided a layout as defined in 9VAC25-870-
10, (iii) will comply with the Part II C technical criteria of the VSMP regulations,
and (iv) has not been subsequently modified or amended in a manner resulting in
an increase in the amount of phosphorus leaving each point of discharge, and such
that there is no increase in the volume or rate of runoff;
2. A state permit has not been issued prior to July 1, 2014; and
3. Land disturbance did not commence prior to July 1, 2014.
(c) Locality, state and federal projects shall be considered grandfathered by the
VSMP authority and shall be subject to the Part II C technical criteria of the
VSMP regulation provided:
1. There has been an obligation of locality, state or federal funding, in whole
or in part, prior to July 1, 2012, or the department has approved a stormwater
management plan prior to July 1, 2012;
2. A state permit has not been issued prior to July 1, 2014; and
3. Land disturbance did not commence prior to July 1, 2014.
(d) Land-disturbing activities grandfathered under subsections A and B of this
section shall remain subject to the Part II C technical criteria of the VSMP
regulations for one additional state permit cycle. After such time, portions of the
project not under construction shall become subject to any new technical criteria
adopted by the board.
(e) In cases where governmental bonding or public debt financing has been
issued for a project prior to July 1. 2012, such project shall be subject to the
technical criteria of Part II C.
(f) Nothing in this section shall preclude an operator from constructing to a
more stringent standard at his discretion.
(g) The following technical criteria shall be applied on all applicable land
development and land conversion activities:
1. Determination of flooding and channel erosion impacts to receiving streams
due to land development projects shall be measured at each point of discharge
from the development project and such determination shall include any runoff
from the balance of the watershed which also contributes to that point of
discharge.
2. The specified design storms shall be defined as either a twenty-four-hour
storm using the rainfall distribution recommended by the U.S. Soil Conservation
Service when using U.S. Soil Conservation Service methods or as the storm of
orifi 1 +Un+ +Uo mvan+an+ r+nrnnXM 11n111tna '3+ +ba vt+o
approval of all necessary permits, such as U.S. Army Corps of Engineers and VA.
DEQ Wetland Permits, VA. DEQ VSMP Construction General Permit, etc., shall
be presented.
5. Impounding structures that are not covered by the impounding structure
regulations (4 VAC 50-20-10 et seq.) shall be engineered for structural integrity
during the one hundred-year storm event.
6. Pre-development and post-development runoff rates shall be verified by
calculations that are consistent with good engineering practices.
7. Outflows from a stormwater management facility shall be discharged to an
adequate channel, and velocity dissipaters shall be placed at the outfall of all
stormwater management facilities and along the length of any outfall channel as
necessary to provide a non-erosive velocity of flow from the basin to a channel.
S. Proposed residential, commercial, or industrial subdivisions shall apply
these stormwater management criteria to the land development as a whole.
Individual lots in new subdivisions shall not be considered separate land
development projects, but rather the entire subdivision shall be considered a single
land development project. Hydrologic parameters shall reflect the ultimate land
development and shall be used in all engineering calculations.
9. Construction of stormwater management impoundment structures within a
Federal Emergency Management Agency (FEMA) designated one hundred-year
floodplain shall be avoided to the extent possible. When this is unavoidable, all
stormwater management facility construction shall be in compliance with all
applicable regulations under the National Flood Insurance Program, 44 CFR Part
59.
10. Natural channel characteristics shall be preserved to the maximum extent
practicable.
11. Land development projects shall comply with the Virginia Erosion and
Sediment Control Law and attendant regulations, as well as this chapter.
12. Nonstructural stormwater practices designed to reduce the volume of
stormwater runoff are encouraged to reduce the amount of stormwater runoff that
must be managed. This will help to minimize the reliance on structural practices
which require ongoing maintenance in order to be effective.
13. Improvements to existing stormwater facilities to include storm sewers,
open channels and ditches will be necessary if they are determined to cause
flooding and or erosion under pre-developed conditions. (5-1-14.)
Sec. 14A-20. - Structural stormwater management practices.
(a) Minimum control requirements.
I. All stormwater management facilities shall be designed in accordance with
the current Virginia Stormwater Management Handbook and incorporated
references, unless the Isle of Wight County Stormwater Division grants the
applicant a waiver or the applicant is exempt from such requirements.
2. If hydrologic or topographic conditions warrant greater control than that
provided by the minimum control requirements, the Isle of Wight County
j.L— ... rl a a, ,,,,,,,,,,,, ,,,.., --A —11 .,AA,44.,.,.,1
ii. Maximum drainage area.
iii. Depth to seasonal high water table.
iv. Soils.
V. Slopes.
vi. Terrain.
vii. Hydraulic head.
viii. Location in relation to environmentally sensitive features or ultra -urban
areas.
Applicants shall consult the Virginia Stormwater Management Handbook for
guidance on the factors that determine site design feasibility when selecting a
stormwater management facility.
(c) Conveyance issues. ..... All stormwater management facilities shall be
designed to convey stormwater to allow for the maximum removal of pollutants
and reduction in flow velocities. This shall include, but not be limited to,
maximizing of flowpaths from inflow points to outflow points; the protection of
inlet and outfall structures; the elimination of erosive flow velocities; and
providing of underdrain systems, where applicable. The Virginia Stormwater
Management Handbook provides detailed guidance on the requirements for
conveyance for each of the approved stormwater management practices.
(d) Pretreatment requirements...... All stormwater management facilities shall
have an acceptable form of water quality pretreatment, in accordance with the
pretreatment requirements found in the current Virginia Stormwater Management
Handbook. Stormwater infiltration practices, or practices having an infiltration
component, as specified in the Virginia Stormwater Management Handbook, are
prohibited, even with pretreatment, in the following circumstances:
1. Where stormwater is generated from highly contaminated source areas
known as "hotspots";
2. Where stormwater is carried in a conveyance system that also carries
contaminated, nonstormwater discharges;
3. Where stormwater is being managed in a designated groundwater recharge
area; and
4. Under certain geologic conditions (e.g., karst) that prohibit the proper
pretreatment of stormwater.
(e) Treatment/geometry conditions. ..... All stormwater management facilities
shall be designed to capture and treat stormwater runoff according to the
specifications outlined in the Virginia Stormwater Management Handbook. These
specifications will designate the water quality treatment and water quantity criteria
that apply to an approved stormwater management practice. (5-1-14.)
Sec. 14A-21. -Water quality.
(a) The following criteria shall be addressed for stormwater management at all
sites:
1. All stormwater runoff generated from land development and land use
conversion activities shall not discharge untreated stormwater runoff directly into
minimum, annual recharge from the post development site shall mimic the annual
recharge from pre -development site conditions.
3. Land development projects shall comply with the water quality criteria in
accordance with 9VAC25-870-63.
4. Stormwater discharges to critical areas with sensitive resources (i.e., cold
water fisheries, shellfish beds, swimming beaches, recharge areas, water supply
reservoirs) may be subject to additional criteria, or may need to utilize or restrict
certain stormwater management practices at the discretion of the Isle of Wight
County Stormwater Division.
5. Industrial sites which are listed under the standard industrial code are
required to prepare and implement a stormwater pollution prevention plan, and
shall file a notice of intent (NOI) under the provisions of the national pollutant
discharge elimination system (NPDES) general permit.
6. Stormwater discharges from land uses or activities with higher potential
pollutant loadings, known as "hotspots", may require the use of specific structural
BMPs and pollution prevention practices.
7. Prior to design, applicants are required to consult with the Isle of Wight
County Stormwater Division to determine if they are subject to additional
stormwater design requirements. (5-1-14.)
Sec. 14A-22. - Stream channel erosion.
(a) To protect stream channels from degradation, specific channel protection
criteria shall be provided as prescribed in the Virginia Stormwater Management
Handbook, the BMP Clearinghouse, and the Virginia Erosion and Sediment
Control Handbook.
(b) Properties and receiving waterways downstream of any land development
project shall be protected from erosion and damage due to excessive volume,
velocity and frequency of peak flow rate of stormwater runoff in accordance with
the minimum design standards set out in this chapter.
(c) The Isle of Wight County Stormwater Division shall require compliance
with subdivision 19 of 9VAC25-84040 of the erosion and sediment control
regulations, promulgated pursuant to Article 2.4 (§ 62.1-44.15:51 et seq.) of
Chapter 3.1 of Title 62.1 of the Code of Virginia.
(d) The Isle of Wight County Stormwater Division may determine that some
watersheds or receiving stream systems require enhanced criteria in order to
address the increased frequency of bankfull flow conditions brought on by land
development projects. Therefore, in lieu of the reduction of the post -developed
peak rate of runoff as required in subsection (b) of this section, the land
development project being considered shall provide twenty -four-hour extended
detention of the runoff generated by the one-year, twenty -four-hour duration
storm. (5-1-14.)
Sec. 14A-23. - Flooding.
(a) The calculations for determining peak flows as found in the latest edition of
the Virginia Stormwater Management Handbook shall be used for sizing all
(d) Underground utility linear development projects shall not be required to
control post -developed stormwater runoff for flooding, except in accordance with
a watershed or regional stormwater management plan. (5-1-14.)
Sec. 14A-24. - Regional stormwater management plans.
(a) Applicants are directed to communicate with Isle of Wight County
Stormwater Division prior to submitting an application for a stormwater
management plan approval in accordance with article III of this chapter to
determine if a regional stormwater management plan has been developed for the
applicable watershed. If such a plan is in existence, the applicant must provide
stormwater management water quality treatment on-site in accordance with the
provisions of the regional plan, and other management provisions as specified by
the Isle of Wight County Stormwater Division.
(b) Regional stormwater management plans (common plans of development)
for residential, commercial or industrial subdivisions which are approved and
which govern the development of individual parcels within that plan, shall remain
approved throughout the development life even if ownership changes. (5-1-14.)
Article VI. - Construction Inspection.
Sec. 14A-25. - Generally.
(a) The administrator or any duly authorized agent shall inspect the land -
disturbing activity during construction for:
1. Compliance with the approved erosion and sediment control plan;
2. Compliance with the approved stormwater management plan;
3. Development, updating, and implementation of a pollution prevention plan;
and
4. Development and implementation of any additional control measures
necessary to address a TMDL.
(b) The administrator or any duly authorized agent may, at reasonable times and
under reasonable circumstances, enter any establishment or upon any property,
public or private, for the purpose of obtaining information or conducting surveys,
inspections or investigations necessary in the enforcement of the provisions of this
chapter. Stormwater management construction inspections shall utilize the final
approved plans and specifications for compliance. In addition, the inspections
shall comply with latest version of the erosion and sediment control regulations,
promulgated pursuant to Article 2.4 (§ 62.1-44.15:58) of Chapter 3.1 of Title 62.1
of the Code of Virginia. (5-I-14.)
Sec. 14A-26. - Notice of construction commencement.
(a) The applicant must notify the Isle of Wight County Stormwater Division in
advance before the commencement of construction. In addition, the applicant must
notify the Isle of Wight County Stormwater Division in advance of construction of
critical components of the storm water management facility. Periodic inspections
of the stormwater management facility construction shall be conducted by the staff
of the Isle of Wight County Stormwater Division or their designee. All inspections
,Iknll U_ A --,,---+—e4 --.l _ror "n A +lin+ nen+nin +lea i..11 ri rrT
work shall proceed until any violations are corrected and all work previously
completed has received approval by the Isle of Wight County Stormwater
Division. In addition, the person responsible for carrying out the plan may be
required to provide copies of self -inspection monitoring and reports to ensure
compliance with the approved plan and to determine whether the measures
required in the plan provide effective stormwater management.
(c) If the Isle of Wight County Stormwater Division determines that there is a
failure to comply with the plan, notice shall be served upon the permittee or
person responsible for carrying out the plan in accordance with article VIII of this
chapter. (5-1-14.)
Sec. 14A-27. - Record drawings/as-built plans and certified inspection of
stormwater management facilities.
All applicants are required to submit either record drawings or actual "as -built"
plans for all permanent stormwater management facility after final construction is
completed. The plan must show the final design specifications for all stormwater
management facilities and must be certified by a professional engineer. A final
inspection by the Isle of Wight County Stormwater Division is required before the
release of any performance securities can occur. A certified inspection of all
aspects of the BMP construction is required, including surface as -built surveys,
and geotechnical inspections during subsurface or backfilling, riser and principal
spillway installation, bioretention soil placement and compaction activities. (5-1-
14.)
Article VII. - Maintenance, Inspection, and Repair of Stormwater Facilities.
Sec. 14A-28. - Generally.
(a) All stormwater management facilities with recorded maintenance
agreements under this chapter must undergo inspections to document maintenance
and repair needs and ensure compliance with the requirements of this chapter and
accomplishment of its purposes. These needs may include; removal of silt, litter
and other debris from all catch basins, inlets and drainage pipes, grass cutting and
vegetation removal, and necessary replacement of landscape vegetation and any
repair or replacement of structural features.
(b) Facilities shall be inspected at least once every five years by the Isle of
Wight County Stormwater Division. In the event that the stormwater management
facility has not been maintained and/or becomes a danger to public safety or
public health, the Isle of Wight County Stormwater Division shall notify the
person responsible for carrying out the maintenance plan by registered or certified
mail to the address specified in the maintenance covenant. The notice shall specify
the measures needed to comply with the plan and shall specify the time within
which such measures shall be completed. If the responsible party fails or refuses to
meet the requirements of the maintenance covenant, the Isle of Wight County
Stormwater Division, after reasonable notice, may correct a violation of the design
standards or maintenance needs by performing all necessary work to place the
facility in proper working condition, and recover the costs from the owner.
ini V " inrni111 •.»+U nn
Wight County Stormwater Division during inspection of the facility and at other
reasonable times upon request. (5-1-14.)
Sec. 14A-31. -Permitted discharges.
(a) The following activities shall not be considered an illicit discharge and shall
not be considered in violation of this chapter:
1. Water line flushing;
2. Landscape irrigation;
3. Diverting stream flows or rising groundwater;
4. Infiltration of uncontaminated groundwater;
5. Public safety activities, including but not limited to, law enforcement and
fire suppression;
b. Well -point dewatering or pumping of uncontaminated groundwater from
potable water sources, foundation drains, irrigation waters, springs, or water from
crawl spaces or footing drains;
7. Air conditioning condensation;
S. Watering and maintenance with landscaping chemicals in accordance with
manufacturer's recommendations;
9. Individual residential car washing;
10. Flows from riparian habitats or wetlands;
It. Swimming pool discharges that have been dechlorinated or desalinated and
are free of other disinfecting agents;
12. Street washing;
13. Any activity authorized by a valid Virginia Pollutant Discharge Elimination
System (VPDES) permit or Virginia Pollution Abatement (VPA) permit; or
14. Any other water source not containing sewage, sediment, industrial wastes
or other pollutants.
(b) In the event any of the activities listed in subsection (a) above are found to
cause sewage, industrial wastes or other pollutants to be discharged into a storm
sewer system, the program administrator shall notify the Department for
coordination and enforcement by the Department.. (5-1 - 14.)
Article VIII. - Enforcement and Penalties.
Sec. 14A-32. - Violations.
Any development activity that is commenced or is conducted contrary to this
chapter or the approved plans and permit, may be subject to the enforcement
actions outlined in this section and the Virginia Stormwater Management Act. (5-
1-14.)
Sec. 14A-33. - Notice of violation.
When the Isle of Wight County Stormwater Division determines that an activity is
not being carried out in accordance with the requirements of this chapter, it shall
issue a written notice of violation delivered by registered or certified mail to the
applicant. The notice of violation shall contain:
(a) The name and address of the applicant;
fM ThA nrlrlrac•o nr n rlAcr•rintinn of tlia 1Nii;1r1inrr ctriu-ihirrn nr
(f) A statement that the determination of violation may be appealed to the
municipality by filing a written notice of appeal within thirty days of service of
notice of violation. (5-1-14.)
Sec. 14A-34. - Stop work orders.
(a) If the administrator determines that there is a failure to comply with the
VSMP authority permit conditions or determines there is an unauthorized
discharge, notice shall be served upon the permittee or person responsible for
carrying out the permit conditions by any of the following: verbal warnings and
inspection reports, notices of corrective action, consent special orders, and notices
to comply. Written notices shall be served by registered or certified mail, or by
delivery at the site of the development activities to the agent or employee
supervising such activities.
1. The notice shall specify the measures needed to comply with the permit
conditions and shall specify the time within which such measures shall be
completed. Upon failure to comply within the time specified, a stop work order
may be issued in accordance with subsection (b) or the permit may be revoked by
the administrator.
2. If a permittee fails to comply with a notice issued in accordance with this
section within the time specified, the administrator may issue an order requiring
the owner, permittee, person responsible for carrying out an approved plan, or the
person conducting the land -disturbing activities without an approved plan or
required permit to cease all land -disturbing activities until the violation of the
permit has ceased, or an approved plan and required permits are obtained, and
specified corrective measures have been completed.
3. Such orders shall be issued in accordance with the Isle of Wight County
Stormwater Program Policies and Procedures. Such orders shall become effective
upon service on the person by certified mail, return receipt requested, sent to his
address specified in the land records of the locality, or by personal delivery by an
agent of the administrator. However, if the administrator finds that any such
violation is grossly affecting or presents an imminent and substantial danger of
causing harmful erosion of lands or sediment deposition in waters within the
watersheds of the commonwealth or otherwise substantially impacting water
quality, it may issue, without advance notice or hearing, an emergency order
directing such person to cease immediately all land -disturbing activities on the site
and shall provide an opportunity for a hearing, after reasonable notice as to the
time and place thereof, to such person, to affirm, modify, amend, or cancel such
emergency order. If a person who has been issued an order is not complying with
the terms thereof, the administrator may institute a proceeding for an injunction,
mandamus, or other appropriate remedy in accordance with subsection [14A -
]35(c).
(b) In addition to any other remedy provided by this chapter, if the
administrator or his designee determines that there is a failure to comply with the
provisions of this chapter, they may initiate such informal and/or formal
...-�w..v..n�.r.4...r. r. r.� ... r.r.-. r...� v...r-.n.. r�.....-.n ..-. n rrnr. r..-... tt,n+ in ---- ;n+__+ -;A, A� TnJ_
(a) Final decisions of the administrator under this chapter shall be subject to
review by the county board of supervisors; provided, that an appeal is filed within
thirty days from the date of any written decision by the administrator.
(b) Final decisions of the board of supervisors under this chapter shall be
subject to review by the Circuit Court of Isle of Wight County; provide that an
appeal is filed within thirty days from the date of the final written decision of the
board of supervisors. (5-1-14.)
Sec. 14A-36. - Hearings.
(a) Any permit applicant or permittee, or person subject to Ordinance
requirements, aggrieved by any action of the VSMP authority taken without a
formal hearing, or by inaction of the VSMP authority, may demand in writing a
formal hearing by the county board of supervisors causing such grievance,
provided a petition requesting such hearing is filed with the administrator within
thirty days after notice of such action is given by the administrator.
(b) The hearings held under this section shall be conducted by the county board
of supervisors at a regular or special meeting of the county board of supervisors,
or by at least one member of the board of supervisors designated by the
administrator to conduct such hearings on behalf of the county board of
supervisors at any other time and place authorized by the administrator.
(c) A verbatim record of the proceedings of such hearings shall be taken and
filed with the county board of supervisors. Depositions may be taken and read as
in actions at law.
(d) The county board of supervisors or its designated member, as the case may
be, shall have power to issue subpoenas and subpoenas duces tecum, and at the
request of any party shall issue such subpoenas. The failure of a witness without
legal excuse to appear or to testify or to produce documents shall be acted upon by
the local governing body, or its designated member, whose action may include the
procurement of an order of enforcement from the circuit court. Witnesses who are
subpoenaed shall receive the same fees and reimbursement for mileage as in civil
actions. (5-1-14.)
Sec. 14A-37. - Civil and criminal penalties.
(a) Any person who violates any provision of this chapter, except as set forth in
subsection (b) below, shall be guilty of a Class 1 misdemeanor and shall be subject
to a fine not exceeding two thousand dollars or up to thirty days imprisonment for
each violation or both per day the violation persists. In addition, the Isle of Wight
County Stormwater Division may pursue the following actions:
1. The Isle of Wight County Stormwater Division may apply to the circuit
court to enjoin a violation or a threatened violation of the provisions of this
chapter without the necessity of showing that an adequate remedy at law does not
exist.
2. Without limiting the remedies which may be obtained in this section, the
Isle of Wight County Stormwater Division may bring a civil action against any
person for violation of this chapter or any condition of a permit. The action may
......1- 41.... ..F - .,..,:1 --144, _-r ,-.r,+ --,- 0— f—^ +U^-Vn"r1 rW1nrr
(b) Violations of article VIII of this chapter shall result in the following
penalties:
1. A willful violation shall constitute a Class 1 misdemeanor. Each day that a
violation persists or is permitted to remain shall constitute a separate offense.
2. Any person who, intentionally or otherwise, commits any of the acts
prohibited by article VIII of this chapter shall be liable to the county for all costs
of monitoring, containment, cleanup, abatement, removal and disposal of any
substance unlawfully discharged into storm sewer systems.
3. Any person who, intentionally or otherwise, commits any of the acts
prohibited by article VIII of this chapter shall be subject to a civil penalty in an
amount not to exceed one thousand dollars for each day that a violation of this
chapter continues. The court assessing such penalties may, at its discretion, order
such penalties be paid into the treasury of the county for the purpose of abating,
preventing, monitoring, or mitigating environmental pollution.
4. The county may bring legal action to enjoin a continuing violation and the
existence of any other remedy, at law or in equity, shall be no defense to any such
action.
5. The remedies set forth in this subsection (b) shall be cumulative, not
exclusive; and it shall not be a defense to any action, civil or criminal, that one or
more remedies set forth herein has been sought or granted.
6. Any person who violates any provision of this chapter or who fails,
neglects, or refuses to comply with any order of the administrator, shall be subject
to a civil penalty not to exceed thirty-two thousand five hundred dollars for each
violation within the discretion of the court. Each day of violation of each
requirement shall constitute a separate offense.
a. Violations for which a penalty may be imposed under this subsection shall
include, but not be limited to, the following:
(i) No state permit registration;
(ii) No SWPPP;
(iii) Incomplete SWPPP;
(iv) SWPPP not available for review;
(v) No approved erosion and sediment control plan;
(vi) Failure to install stormwater BMPs or erosion and sediment controls;
(vii) Stormwater BMPs or erosion and sediment controls improperly installed or
maintained;
(viii) Operational deficiencies;
(ix) Failure to conduct required inspections;
(x) Incomplete, improper, or missed inspections; and
(xi)
b. The administrator may issue a summons for collection of the civil penalty
and the action may be prosecuted in the appropriate court.
C. In imposing a civil penalty pursuant to this subsection, the court may
consider the degree of harm caused by the violation and also the economic benefit
+� 1-�a •irjn+nr �rrim n�nn�mr��nnnoa
or any order of a court shall be guilty of a misdemeanor punishable by
confinement in jail for not more than twelve months or a fine of not less than two
thousand five hundred dollars nor more than thirty-two thousand five hundred
dollars, or both. (5-1-14.)
Sec. 14A-3$. - Restoration of lands.
Any violator may be required to restore land to its undisturbed condition or in
accordance with a notice of violation, stop work order, or permit requirements. In
the event that restoration is not undertaken within a reasonable time after notice,
the Isle of Wight County Stormwater Division may take necessary corrective
action, the cost of which shall be covered by the performance bond, or become a
lien upon the property until paid, or both. (5-1-14.)
Sec. 14A-39. - Holds on occupation permits.
Occupation permits shall not be granted until corrections to all stormwater
practices have been made in accordance with the approved plans, notice of
violation, stop work order, or permit requirements, and accepted by the Isle of
Wight County Stormwater Division. (5-1--14.)
Sec. 14A-40. - Monitoring and reporting.
(a) The administrator, or authorized designee, shall have authority to make such
lawful inspections and conduct monitoring of stormwater outfalls or other
components of storm sewer systems as may be necessary or appropriate in the
administration and enforcement of this chapter.
(b) The administrator, or authorized designee shall inspect the land-disturbing
activity during construction for:
1. Compliance with the approved erosion and sediment control plan;
2. Compliance with the approved stormwater management plan;
3. Development, updating, and implementation of a pollution prevention plan;
and
4. Development and implementation of any additional control measures
necessary to address a TMDL.
(c) The administrator or authorized designee may, at reasonable times and
under reasonable circumstances, enter any establishment or upon any property,
public or private, for the purpose of obtaining information or conducting surveys,
inspections or investigations necessary in the enforcement of the provisions of this
chapter.
(d) The administrator may require every VSMP authority permit applicant or
permittee, or any such person subject to VSMP authority permit requirements
under this chapter, to furnish when requested such application materials, plans,
specifications, and other pertinent information as may be necessary to determine
the effect of his discharge on the quality of state waters, or such other information
as may be necessary to accomplish the purposes of this ordinance.
(e) The VSMP authority permit applicant or permittee, or any such person
subject to VSMP authority permit requirements under this chapter responsible for
implementing the plan will maintain records of all inspections and maintenance, to
rsr�nry nn.m r��nrno _4+1� +1 ,a n""v^x?snA f9ln" nnrl fA r1PiPrm;nP vubi-fhar tlkp mmncim-c
(a) Isle of Wight County (county) owns manmade and natural components of
stormwater management infrastructure which both limits and manages the volume
of stormwater runoff to control flood events and to prevent degradation of
downstream waterways through stormwater quality management of certain Isle of
Wight County (county) properties. These facilities are in part regulated by federal
and state laws and regulations.
(b) Stormwater runoff is associated with all improved properties in the county,
whether residential or nonresidential, and the quantity and quality of runoff is
correlated to the amount of impervious surface and land-disturbing activities on
each parcel.
(c) The elements of the stormwater management infrastructure provide benefit
to properties within the county through direct protection of property, control of
flooding of critical components of the infrastructure, and enhancement of water
quality and the county's natural environment.
(d) The costs of monitoring, operating, maintaining, and constructing the
stormwater management assets required in the county, both to meet stormwater
pollution control regulations and to address identified water quality degradation,
erosion and flooding needs, should therefore be allocated, to the extent
practicable, to all property owners based on their contribution to the stormwater
runoff. (5-1-14.)
Sec. 14A-43. - Establishment of stormwater management utility.
(a) Pursuant to the statutory authority granted to localities in section 15.2-2114
of the Code of Virginia, 1950, as amended, to provide for the general health,
welfare and safety of the county and its residents, there is hereby established a
stormwater utility, which shall be the operational means of implementing and
otherwise carrying out the functional requirements of maintaining the County's
stormwater management facilities and to manage the County's VSMP Authority
Program. The board of supervisors of Isle of Wight County hereby designates the
director of utility services or an authorized designee as the administrator of the
stormwater management utility fee. The general purposes of the utility include
administration, management, operation and maintenance of the county's
stormwater infrastructure; studies and programs; regulation of drainage; and
financing of existing and future repairs, replacements, improvements and
extensions of the County's stormwater infrastructure.
(b) The stormwater management utility shall be administered and operated
under the direction of the administrator, who shall organize, direct and manage the
utility in accordance with this article and other appropriate legal requirements.
(c) The utility shall deposit in a separate ledger account all revenues collected
pursuant to this article. The funds deposited shall be used exclusively for the
operation, maintenance and capital costs related to the County's stormwater
management facilities. Operation, maintenance and capital costs related to the
county facilities shall include, but not be limited to, the following:
1. Acquisition, as permitted by section 15.2-1800 of the Code of Virginia
/1 ()AZA — r r ronl �r .anrl intaravt tharain nanaccarn, tr►
4. The operation and maintenance of facilities and equipment including the
maintenance of dams, levees, floodwalls and pump stations, whether publicly or
privately owned, that serve to control stormwater;
5. Monitoring of the quantity and quality of stormwater and associated control
devices;
6. Other activities consistent with the state or federal regulations or permits
governing stormwater management, including, but not limited to, public
education, watershed planning, inspection and enforcement activities, and
pollution prevention planning and implementation; and
7. Activities on private properties whereby the overall public benefit exceeds
the overall private benefit, as determined by the administrator. (5-1-14.)
Sec. 14A-44. - Imposition of utility fees.
The Isle of Wight County Board of Supervisors, as provided by this article, shall
set appropriate levels of utility fees so that adequate revenues will be generated to
provide for a balanced operating and capital improvement budget for operation
and maintenance of the county's stormwater management program. Should
revenue from utility fees exceed actual costs incurred for providing for the
operation and maintenance of the county's stormwater management facilities and
program described in this article, funds will carry over to the next fiscal year.
Utility fees shall be charged to owners of all developed property in the county.
(a) For purposes of determining the utility fee, all properties in the county are
classified into one of the following classes:
1. Developed residential property;
2. Developed nonresidential property; or
3. Undeveloped property.
(b) The utility fee for developed residential property shall equal the ERU rate.
(c) The utility fee for developed nonresidential property shall be the ERU rate
multiplied by the numerical factor obtained by dividing the total impervious
surface area of a developed nonresidential property by one ERU. The numbered
factor will be rounded to the nearest whole number. The minimum utility fee for
any developed nonresidential property shall equal the ERU rate. Refer to article II
of this chapter for ERU and ERU rate definition and location.
(d) The utility fee for vacant developed property, both residential and
nonresidential, shall be the same as that for occupied property of the same class.
(e) Undeveloped property shall be exempt from the utility fee until such time it
is developed.
(f) Each developed property situated on a parcel devoted to agricultural use, as
defined herein, shall be charged a fee equal to the ERU rate.
(g) The charge defined as the ERU rate is established from time to time by
action of the Isle of Wight County Board of Supervisors to raise revenues to cover
the costs of the stormwater management program. (5-1-14.)
Sec. 14A-45. - Billing and payment, interest, liens.
(a) Billing for the stormwater utility fee shall be rendered on a semi-annually
unpin +. n11 nrnr�ar+ar r%vj,n,-ry and cha11 r,-"raoant the fp,- fnr rho-
(b) The stormwater utility fee due the county from property owners for
stormwater management shall be based on the ERU rate established in the uniform
fee schedule.
(c) All properties, except undeveloped property, shall be rendered bills or
statements for a stormwater utility fee. Billing for the utility fee shall be rendered
in arrears to all chargeable persons and shall represent charges for each day of the
preceding billing period with interest added as stated on the bill. In the event
charges are not paid when due, interest thereon shall commence on the due date
and shall accrue at the rate of ten percent per annum until such time the delinquent
charges and accrued interest are paid.
(d) The bills or statements shall include a date by which payment shall be due.
All statements shall be mailed at least thirty days prior to the payment due date
stated thereon. All bills for charges prescribed by this article shall be deemed
delinquent if not paid in full to the treasurer's office by the end of the business day
it is due, or the next working day in the event the due date is a county recognized
holiday or weekend day.
(e) Any delinquent bill, including unpaid fees and accrued interest, shall be
collected by any means available to the county. Notice to the owner shall be
provided in every case when stormwater charges incurred by a tenant or occupant
become more than ninety days delinquent. Unpaid fees and interest accrued shall
constitute a lien against the property, ranking on a parity with liens for unpaid
taxes. Records of all unpaid fees and interest, indexed by the name of the record
owner of the real estate, shall be maintained in the county treasurer's office.
(f) When previously undeveloped properties are brought into the billing system
or in the event of alterations or additions to developed nonresidential property that
alter the amount of impervious surface and/or the number of dwelling units, a
utility fee will accrue as determined by the administrator:
1. Upon issuance of a certificate of occupancy; or
2. Upon substantial completion of the improvements; or
3. In the event completion of the improvements is not diligently pursued, upon
establishment of the impervious area or dwelling unit that affects stormwater
runoff. A bill or statement will be issued and said charges will be prorated for the
number months for which the parcel is subject to the utility fee. (5-1-14.)
Sec. 14A-46. - Adjustment of fees, exemptions.
(a) Full waiver of the utility fee shall be provided to properties owned by
federal, state, and local government agencies when those agencies own and
provide for maintenance of storm drainage and stormwater control facilities, and
the agency has the appropriate permits issued by the state, and the agency's
stormwater system does not discharge to waters or outlets requiring Isle of Wight
County maintenance.
(b) Full waiver of the utility fee shall be provided to property owned or
operated by the county and other local government agencies.
(c) Full waiver of the utility fee shall be provided to properties with a valid
AMTNIDO .».a....+«:..i ..4., «.........I r.« —.-...nl r.ra«r ;+ — n AIDT-VCM! i"A;; r;Aiinl tbn+
(f) Agricultural properties shall be exempt from the utility fee; provided
however, each developed property situated on a parcel devoted to agricultural use
shall be charged a fee equal to the ERU rate.
(g) Developed properties with less than four hundred square feet of impervious
surface are exempt from the utility fee until such a time the property exceeds four
hundred square feet of impervious surface.
(h) Any property owner charged a utility fee greater than one ERU who has
paid his utility fees and who believes his utility fees to be incorrect may make
application in writing to the administrator or his designee for an adjustment to the
stormwater management utility fee. All such requests must be submitted prior to
the end of the fiscal year for which the request applies. The property owner shall
substantiate the claim to the satisfaction of the administrator with plans,
engineering calculations and related documents prepared by a licensed
professional engineer or land surveyor. The administrator may waive the licensed
professional requirement if in his opinion the specific adjustment request does not
warrant such a requirement.
1. New construction utility fee adjustment: Applications for new construction
shall be made in conjunction with the relevant site plan or development plan
submittal or a request for waiver of normal site plan processing requirements.
Action on such applications shall be within the response times specified for such
submittals and requests. Approved adjustments shall be effective from the date of
construction and will be prorated from the first day of the month in which the
adjustment is approved.
2. Any owner of a developed parcel or dwelling unit who believes his utility
fee to be incorrect may make application for adjustment of the charge to the
administrator. Response to such requests shall be made by the director within sixty
calendar days of receipt of a complete request. The administrator shall develop an
administrative policy regarding the refund or credit of overpaid fees.
(i) Any owner charged a utility fee greater than one ERU may appeal the
administrator's decision to the county administrator but must do so in writing
within fifteen calendar days of the date of the administrator's response. The county
administrator shall respond to the appeal within fifteen calendar days and such
response shall be final.
0) The administrator may extend such county response times as appropriate to
ensure full and complete evaluation of the application. In these cases, the
administrator shall notify the applicant of the action by certified mail.
(k) Adjustments/credits: The administrator shall prepare a utility
adjustment/credit policy that shall become effective upon adoption by the board of
supervisors to any developed nonresidential property that installs, operates, and
maintains a stormwater management facility that achieves a permanent reduction
in stormwater flow or pollutant loadings. The amount of the credit will be based
on the percent reduction in stormwater flow or pollutant loadings, or both, from
pre-installation to post-installation of the facility. Credits will not be provided to
.. .... .......... r...F.. 4-U-4- A--- _^+ _1,++ ; � n n1���-r`����n+nr r�ca ;f -A-^T" +h m I�PF��l t'�'1?1 Pf1i nTy+
Mr. Rudnicki provided background information on the proposed ordinance
amendment.
Chairman Alphin opened the public hearing and called for those to speak in favor
of or in opposition to the proposed amendment.
There being none, Chairman Alphin closed the public hearing and called for
comments from the Board.
Following discussion by the Board, action was deferred to allow staff to develop
revisions relative to signs and banners, location of temporary signs in a shopping
center, notification procedures using the county permitting system, and possible
signage penalties.
COUNTY ADMINISTRATOR'S REPORT
The following employees were recognized as Spot Award Recipients for the first
quarter of FY2017-18: July Boswell/Budget & Finance; Nancy Mayo/Budget &
Finance; Donna Profitt/Budget & Finance; Deb Frank/Commissioner of the
Revenue; Glenie Jones/Commissioner of the Revenue; Jason Gray: -information
Technology; Christy Phillips/Inspections (two recognitions; William Sykes/Public
Works; Lori Thacker, Public Works; William Weaver, Jr./Public Works; George
Wiggins/Public Works; Regina Crocker/Treasurer; Andrea Delgado/Treasurer;
and, Cassie Marquard/Treasurer.
Recipients of Customer Service Awards are to be listed on the County's website.
Mr. Donald T. Robertson, Assistant County Administrator, provided information
relative to the status of projects included in the FY2017-18 Capital Budget.
Matters for the Board's information were identified and under the Real Estate
Delinquent Tax Collection Report, Supervisor Grice requested a total cash column
in addition to a column being broken down by category.
UNFINISHED OLD BUSINESS
No old business was offered for discussion.
The Board recessed and returned to New Business.
WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia
recommend transferring $1,800 from the General Fund non -departmental line item
to the Information Technology Fund; and,
WHEREAS, the General Fund will transfer $1,800 to the Information Technology
Fund for postage ($100) and office supplies ($1,700).
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of
Wight County, Virginia that one thousand eight hundred dollars ($1,800) be
transferred from the General Fund non -departmental line item to the Information
Technology Fund.
BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight
County, Virginia is authorized to make the appropriate accounting adjustments
and to do all things necessary to give this resolution effect.
On motion of Supervisor McCarty, all members voting in favor (5-0), the
following Resolution was adopted:
RESOLUTION TO RE -APPROPRIATE UNSPENT FUNDS FROM FY2017
GENERAL FUND FUND BALANCE TO THE FY2018 GENERAL FUND
WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia
recommend appropriations of some of the FY2017 General Fund fund balance to
FY 2018 General Fund budget; and,
WHEREAS, at June 30, 2017, a total of $50,000 (Public Works -$15,000, Finance
- $35,000) was set aside in the FY2017 General Fund assigned fund balance and
the $50,000 needs to be appropriated in the FY2018 General Fund budget for
designated purposes; and,
WHEREAS, at June 30, 2017, a total of $25,268 in Public, Educational, and
Governmental (PEG) Access Channel fees remained unspent; and,
WHEREAS, the Department of Information Technology requests the unspent PEG
Access Channel fees be appropriated in the FY2018 General Fund budget for the
capital costs associated with PEG access facilities.
WHEREAS, at June 30, 2017, Radiological Emergency Preparedness funds
totaling $14,085 remained unspent; and,
11nJUD D A Q +h- --r MPniignrfv the 11"C' im"t
BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight
County, Virginia is authorized to make the appropriate accounting adjustments
and to do all things necessary to give this resolution effect.
On motion of Supervisor McCarty, all members voting in favor (5-0), the
following Resolution was adopted:
RESOLUTION TO APPROPRIATE ADDITIONAL FUNDING FOR THE
CONSTRUCTION OF THE NIKE PARK TRAIL PROJECT
WHEREAS, the County has entered into an agreement with the Virginia
Department of Transportation (VDOT) and received an additional allocation of
$833,536 for the Nike Park Trail project; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia
recommend a budgetary increase in capital project expenditures for the Nike Park
Trail project. and,
WHEREAS, current construction estimates on the Nike Park Trail project are six
million eight hundred eighteen thousand six hundred eighty-nine dollars
($6,818,689) and additional funding in the amount of two million seventy
thousand eight hundred twenty-seven dollars ($2,070,827) is needed to complete
the project.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of
Wight County, Virginia, that one million one hundred twenty-nine thousand three
hundred sixty-five dollars ($1,129,365) be appropriated to the Capital Projects
Fund for the Nike Park Trail project from the following sources:
$833,536 in State and Federal grant reimbursements;
$295,829 in local funds from savings resulting from the Series 2017B
General Obligation Public Improvement Refunding Bonds;
BE IT FURTHER RESOLVED that four hundred fifty thousand dollars
($450,000) in local funds from the Broadwater Reconstruction project be
reallocated to the Nike Park Trail project.
BE IT FURTHER RESOLVED that four hundred ninety-one thousand four
hundred sixty-two ($491,462) in local funds will be funded in the FY2018-19
Capital Project Budget for the Nike Park Trail project.
DD TT UTTD'rL_T1CD DT7QnT AMM +1,-+ +4,0 0_-_+- A�f Tela nf' AV;cv1t+
authorized to the Town of Smithfield for the ballpark with the remainder of the
payments to the Town to remain on schedule, was authorized by a vote of (4-1)
with Supervisor Grice voting in opposition to the motion.
On the subject of the Windsor Community Center, on motion of Supervisor Acree,
with all members voting in favor (5-0), authorization was given to extend the
$25,000 payments for an additional two years to assist the Town of Windsor with
the Community Center and County Attorney Popovich was directed to prepare an
appropriate agreement outlining the County's usage of the facility and any
associated rates.
Responsive to Supervisor McCarty's request, animals for adoption at the County's
Animal Shelter are to be displayed at future Board meetings at 5:00 p.m.
Responsive to Supervisor McCarty, County Attorney Popovich briefed the Board
regarding a past violation involving an RV which was being utilized on private
property and physically connected to public utilities.
Relative to a request presented by Supervisor Acree regarding the connection to
County water by the Isle of Wight Ruritan Club due to a failing existing well, on
motion of Supervisor Acree, with all members voting in favor (5-0), County
Attorney Popovich was directed to prepare a MOU for the Board's consideration
at its December 14, 2017 meeting (staff to provide material at no cost; and,
hookup fee to be waived) in exchange for the continued use of the building by the
County as a polling place.
ADJOURNMENT
At 9:45 p.m., Chairman Alphin declared the meeting adjourned.
Sko:27-
CareAllills S6fm, Clerk
/U'a *Oj�p
Rudolph Jefferson, Chairman