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August 21st, 2014 Full AgendaA Community of Choice, Committed to Excellence Agenda Board of Supervisors Isle of Wight County August 21, 2014 1. Call to Order (5:00 p.m.) 2. Closed Meeting 3. Invocation – The Honorable Al Casteen/Pledge of Allegiance (6:00 p.m.) 4. Approval of Agenda 5. Consent Agenda A. Motion – Approve a Donation of a Fire Engine by the Smithfield Volunteer Fire Department B. Motion - Approve a Resolution to Consent to Assignment and Change of County Cable Franchise Provider C. Motion – Authorize a Preliminary Subdivision Plat and Exception to Section 5.12.2.C of the Subdivision Ordinance for Benn’s Grant D. Motion – Authorize the Assignment of Griffin Farm Lease to the Industrial Development Authority E. Resolution – Acceptance of Moss Creek Circle and Beacon Hill Way into the State Secondary System of Highways F. Resolution – Accept and Appropriate Virginia Commission for the Arts Local Government Challenge Grant A Community of Choice, Committed to Excellence G. Resolution – Accept and Appropriate Agriculture and Forestry Industries Development Fund Grant for Montague Farms, Inc. H. Resolution – Accept and Appropriate Victim Witness Grant from the Virginia Department of Criminal Justice Services I. Resolution – Accept and Appropriate Funds for Rural Rustic Road Projects J. Resolution – Accept and Appropriate Funds Virginia Department of Health Drinking Water Program Grant Funds K. Resolution – Recognition of Accreditation Achievement by Sheriff’s Office 6. Regional Reports 7. Appointments 8. Special Presentation/Appearances A. County Fair Queens Recognition and Isle of Wight County Fair Update B. Leisure Guide Update (Fall/Winter) C. Animal Control Adoption Program D. PEG Channel Update 9. Citizens’ Comments 10. Public Hearings A. Motion – Authorize Amendment to Conditional Zoning to Allow for Retail Sales for Par 5 Development Group, LLC B. Ordinance – Amend Floodplain Management District Regulations of the County Code (Appendix B., Zoning) A Community of Choice, Committed to Excellence C. Ordinance – Amend Chapter 15, Taxation, Article V. Correction of Assessments and Refunds, Section 15-19 of the County Code of Ordinances to Amend Erroneous Tax Refund Procedures D. Ordinance – Amend Chapter 11, Motor Vehicles and Traffic, Article 2, Motor Vehicle Licenses, Sections 11-4 and 11-6 11. County Attorney’s Report A. Motion – Approve Revised Social Services Board By-Laws B. Motion – Adopt Revisions to Chapter 3, Article VIII, Code Enforcement Policy, pertaining to Zoning Administration and Enforcement C. Motion – Deny Request for Changes to Facility Use Agreement 12. County Administrator’s Report A. Motion – Amend Chapters 6 & 7 , County Policy Manual to Address State Requirements for Acceptable Computer and Phone Usage by Employees and Public Officials B. Staff Report – Quarterly Financial Report (4th Quarter FY14) C. Staff Report – Transportation Projects Planning Update D. Staff Report – Solid Waste Transition Plan Update E. Intergovernmental Meeting Request by Town of Windsor and Discussion of Route 460 Alternatives 13. Unfinished/Old Business A. Tyler’s Beach Solutions and Strategies A Community of Choice, Committed to Excellence B. Motion to Approve Board Retreat Agenda and Invite Planning Commission to Retreat 14. New Business 15. Informational Items A. Delinquent Tax Collection Report B. Treasurer’s Statement of Accountability C. Windsor Water Bill D. Letter from Rick Morris E. Litter Pickup Update 16. Adjournment August 21, 2014/asc/Donation of Fire Engine by Smithfield Volunteer Fire Department ISSUE: Donation of Fire Engine by Smithfield Volunteer Fire Department BACKGROUND: Smithfield Volunteer Fire Department (SVFD) plans to take receipt of a new fire engine funded by the county in August/early September. The new engine will replace a 1991 Ford Grohman, locally referred to as Engine 51. SVFD’s assessment of Engine 51 is that it is underpowered and of little practical use in an active fire service. County staff reached out to the other county volunteer fire/ems agencies to determine if there was any interest Engine 51. Neither county staff nor SVFD had anyone express interest. Since no other county agencies expressed any interest in obtaining Engine 51, SVFD plans to donate the fire engine to the New Horizons Technical Training Center in Hampton. The Center holds a Virginia State Firefighter 1 and 2 course as part of their high school curriculum and the engine will be a useful training device. BUDGETARY IMPACT: None RECOMMENDATION: For the Boards information. ATTACHMENT: None   August 21, 2014/MCP/CONSENT - Resolution Consenting to Assignment ISSUE: Motion to Approve Resolution to Consent to Assignment and Change of Control of Cable Franchise Agreement BACKGROUND: On June 17, 2014, Comcast Corporation submitted its Application for Franchise Consent to Assignment or Transfer of Control of Cable Television Franchise (Form 394) as a result of its announced transaction with Charter Communications, the cable franchise operator in Isle of Wight County. Specifically, Comcast and Charter are in the process of divesting and/or assuming certain franchises throughout the country as part of a business transaction. As a result, the franchise granted to Charter by the County will be affected in that ownership of the franchise rights will be conveyed to Comcast. As required by the Federal Communications Commission, Comcast provided the County with its Form 394, to which the County requested certain clarifications related to the transaction and how it may effect County residents. Having reviewed all of the information presented by Comcast, it appears that there will be no deviation from the current cable franchise agreement. BUDGETARY IMPACT: None RECOMMENDATION: Authorize the Chairman to execute the Resolution as presented. ATTACHMENTS:  Resolution  FCC Form 394  Correspondence To and From Comcast   August 21, 2014 / MJS / Benns Grant Preliminary Plat and exception request ISSUE: Motion to Authorize Preliminary Subdivision Plat and Exception Request to Section 5.12.2.C of the Subdivision Ordinance for Benns Grant BACKGROUND: The single-family component of the overall project is approximately 143 acres in size. The preliminary subdivision plat proposes a total of three-hundred twenty (320) single-family lots. The lots are accessed from Route 10 via Benns Grant Boulevard. A network of streets and alleys serve the individual lots as shown on the preliminary plat. BUDGETARY IMPACT: Each of the three-hundred twenty (320) lots will contribute $5,370, for a total amount of $1,718,400 which will be reinvested in the project to fund off-site roadway improvements. RECOMMENDATION: Staff recommends approval of the preliminary plat and approval of the requested exception to Section 5.12.2.C of the Subdivision Ordinance. At its July 22, 2014 meeting, the Planning Commission recommended approval of the Preliminary Plat as presented (7- 1). ATTACHMENTS: Staff report and attachments from the July 22, 2014 Planning Commission meeting   August 21, 2014/MCP/CONSENT - Assignment of Lease ISSUE: Motion to Authorize Assignment of Lease BACKGROUND: At its regular meeting on October 17, 2013, the Board held a public hearing and granted approval to lease publicly-owned property, commonly referred to as the “Griffin Farm”, to Carr Farms for a three (3) year period. At its regular meeting on March 20, 2014, the Board held a public hearing and granted approval to convey the Griffin Farm to the Industrial Development Authority (IDA) for inclusion as property for sale in the Shirley T. Holland Intermodal Park. In order to properly transfer all interest in the Griffin Farm to the IDA, an Assignment of Lease must be executed to give the IDA authority to act as Landlord under the Lease terms. BUDGETARY IMPACT: The budgetary impact will be an $8,401.25 per year decrease in property lease revenue. RECOMMENDATION: Authorize the Chairman to execute the Assignment of Lease as presented. ATTACHMENTS: Assignment of Lease   1 of 4 ASSIGNMENT OF LEASE This Assignment of Rent and Lease dated this ___ day of _____________, 2014, by and between Isle of Wight County, Virginia, a political subdivision of the Commonwealth of Virginia, (hereinafter referred to as “Assignor”) and the Isle of Wight County Industrial Development Authority, a political subdivision of the Commonwealth of Virginia, (hereinafter referred to as “Assignee”): WITNESSETH: WHEREAS, the Assignor conveyed property located in the County Isle of Wight, Virginia, known as Tax Map Number 54-01-070A (the “Property”), to the Assignee on March 20, 2014; and WHEREAS, during its ownership, Assignor leased use of the Property to Carr Farms, pursuant to that lease agreement executed on October 17, 2013 (the “Original Lease”), a copy of such lease is attached hereto and incorporated herein by reference as Exhibit A; and WHEREAS, the Assignor desires to assign its interests as Landlord in the Lease to Assignee, and whereas Assignee desires to accept said assignment. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. Assignor hereby assigns to Assignee all of its rights, title and interest in and to the Lease, effective as of March 20, 2104. 2. Assignor hereby warrants and represents that as of the date hereof: a. The Lease described above is the only lease affecting the Property purchased by Assignee. As of the date of this agreement, there are no assignments or agreements to assign the Lease to any other party. b. The Lease is in full force and effect and there exists no defaults of the part of the Assignor thereunder. Assignor further has no actual knowledge of any defaults or any acts or events which with the passage of time or the giving of notice could become defaults thereunder on the part of any the lessee under the Lease. 3. This Assignment shall be governed by the laws of the Commonwealth of Virginia. 4. This Assignment shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, personal representatives, succors in interest and assigns. WITNESS the following signatures and seals: 2 of 4 ISLE OF WIGHT COUNTY, VIRGINIA _________________________________(SEAL) Byron B. Bailey, Chairman Isle of Wight County Board of Supervisors STATE OF VIRGINIA ISLE OF WIGHT COUNTY, to-wit: The foregoing instrument was acknowledged before me this ____day of _________________, 2014, by Byron B. Bailey, Chairman, Isle of Wight County Board of Supervisors. My commission expires:_______________. My Notary Registration Number is: _____________ ___________________________________ Notary Public Attest: Carey Mills Storm, Clerk Approved as to Form: Mark C. Popovich, County Attorney 3 of 4 ISLE OF WIGHT COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Ron Pack, Chairman STATE OF VIRGINIA, COUNTY OF ISLE OF WIGHT, to-wit: The foregoing instrument was acknowledged before me this _____ day of ___________________, 2014, by Ron Pack, Chairman, Isle of Wight County Industrial Development Authority. My commission expires: __________________. ____________________________________ Notary Public 4 of 4 EXHIBIT A ISSUE: Resolution to Request for VDOT to Add Moss Creek Circle (Route 1118) and Beacon Hill Way (Route 1117) in Eagle Harbor Subdivision and Into the State Secondary System of Highways BACKGROUND: Moss Creek Circle (Route 1118) is located in the Eagle Harbor Subdivision, Tract 1 Phase 4A and 4B. It is a 50 foot right-of-way recorded in 2013 and extends 0.03 miles from Beacon Hill Way to a cul-de-sac. Beacon Hill Way (Route 1117) is also located in Eagle Harbor, Tract 1 Phase 4A and 4B. Beacon Hill Way is also a 50 foot right-of-way recorded in 2013, and extends 0.28 miles from the intersection of Graystone Drive (Route 1110) to an existing “T” turnaround. BUGETARY IMPACT: None RECOMMENDATION: Adopt a resolution to request acceptance of Moss Creek Circle (Route 1118) and Beacon Hill Way (Route 1117) into the State Secondary System of Highways. ATTACHMENTS:  Resolution  Roadway map illustrating road locations  VDOT Form AM-4.3 RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY VIRGINIA, REQUESTING ACCEPTANCE OF CERTAIN ROADS IN EAGLE HARBOR SUBDIVISION, TRACT 1, PHASE 4A AND 4B, INTO THE SECONDARY SYSTEM OF STATE HIGHWAYS WHEREAS, the streets described on the attached Additions Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia; and WHEREAS, the Land Development Department of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established in accordance with secondary road policies and the Subdivision Street Requirements of the Virginia Department of Transportation and the Isle of Wight County Subdivision Ordinance relating to acceptance of streets into the State’s Secondary Road System; NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of Isle of Wight County requests the Virginia Department of Transportation to add the streets, known as Moss Creek Circle (State Route 1118) and Beacon Hill Way (State Route 1117), and described on the attached Additions Form AM-4.3 to the Secondary System of State Highways, pursuant to Section 33.1-229 of the Code of Virginia of 1950, as amended, and the Department’s Subdivision Street Requirements. BE IT FURTHER RESOLVED that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills, and drainage. BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Land Use Division for the Virginia Department of Transportation. Adopted this 21th day of August, 2014. _________________________ Byron B. Bailey, Chairman ______________________________ Carey Mills Storm, Clerk Approved as to Form: _______________________________ Mark A. Popovich, County Attorney VDOT Form AM-4.3 (4/20/2007) Maintenance Division Date of Resolution: August 21, 2014 Page 1 of 1 Street Name and/or Route Number t Beacon Hill Way, State Route Number 1117 Old Route Number: 0 l From: 1110 - Graystone Dr Recordation Reference: 2013-38-1,2,3,4 Right of Way width (feet) = 50 To: T turnaround, a distance of: 0.28 miles. Street Name and/or Route Number t Moss Creek Circle, State Route Number 1118 Old Route Number: 0 l From: 1117 - Beacon Hill Way Recordation Reference: 2013-38-1,2,3,4 Right of Way width (feet) = 50 To: cul-de-sac, a distance of: 0.03 miles. Project/Subdivision Eagle Harbor Tract 1, Phase 4A & 4B Type Change to the Secondary System of State Highways:Addition The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required, is hereby guaranteed: Reason for Change: Pursuant to Code of Virginia Statute: New subdivision street §33.1-229 Report of Changes in the Secondary System of State Highways A Copy Testee Signed (County Official): ____________________________________________ The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways. By resolution of the governing body adopted August 21, 2014 In the County of Isle of Wight August 21, 2014/MWT/Local Challenge Grant Award FY 15 ISSUE: Resolution to Accept and Appropriate the Virginia Commission for the Arts Government Challenge Grant to the Smithfield Cultural Arts League BACKGROUND: The Commonwealth of Virginia, through the Virginia Commission of the Arts, has informed the County that our locality has been awarded the Local Challenge Grant for FY 2014-15 in the amount of $5,000. BUDGETARY IMPACT: Funds have been appropriated in the FY 2014-15 General Operating Budget in the amount of $5,000 to meet the local match requirement. RECOMMENDATION: Adopt a resolution. ATTACHMENT:  Resolution  Grant Award Letter   RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA COMMISSION OF THE ARTS WHEREAS, the County of Isle of Wight, Virginia has been informed that the Commonwealth, through the Virginia Commission of the Arts has awarded our locality the Local Challenge Grant for FY 2014-15 in the amount of $5,000; and, WHEREAS, grant funding in the amount of five thousand dollars ($5,000) or as much as shall be received from The Virginia Commission of the Arts needs to be accepted and appropriated to the FY 2014-15 General Operating Budget of Isle of Wight County, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County that grant funds in the amount of five thousand dollars ($5,000) or as much as shall be received from the Virginia Commission of the Arts be appropriated to the appropriate line item in the FY 2014-15 General Operating Budget of Isle of Wight County. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. Adopted this 21st day of August, 2014. Byron B. Bailey, Chairman ______________________________ Carey Mills-Storm, Clerk Approved as to form: Mark Popovich, County Attorney     ISSUE: Adopt a Resolution to Accept and Appropriate Agriculture and Forestry Industries Development Fund Grant for Montague Farms, Inc. BACKGROUND: The County was awarded funding in the amount of $14,700 from the Agriculture and Forestry Industries Development Fund (AFID) provided by the Virginia Department of Agriculture and Consumer Services as an economic development incentive to offset costs associated with the expansion of an existing soybean processing facility at Montague Farms, Inc. The County will provide the funding to Montague Farms, Inc. in three (3) equal installments of $4,900 annually for three (3) successive years. RECOMMENDATION: Adopt a resolution to accept and appropriate funding in the amount of $14,700 from the Virginia Department of Agriculture and Consumer Services. ATTACHMENTS: Resolution August 21, 2014   RESOLUTION TO ACCEPT AND APPROPRIATE AGRICULTURE AND FORESTRY INDUSTRIES DEVELOPMENT (AFID) FUND GRANT FUNDS FOR MONTAGUE FARMS, INC. WHEREAS, Isle of Wight County was awarded funding in the amount of $14,700 from the AFID Fund provided by the Virginia Department of Agriculture and Consumer Services as an economic development incentive to offset costs associated with the expansion of an existing soybean processing facility at Montague Farms, Inc.; and, WHEREAS, the County will provide the funding to Montague Farms, Inc. in three (3) equal installments of $4,900 annually for three (3) successive years. WHEREAS, said funding needs to be accepted and appropriated to the FY 2014-15 General Operating Budget of Isle of Wight County, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County that AFID funds in the amount of fourteen thousand seven hundred dollars ($14,700) or as much as shall be received from the Virginia Department of Agriculture and Consumer Services be appropriated to the appropriate line item in the FY 2014-15 General Operating Budget of Isle of Wight County. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. Adopted this 21st day of August, 2014. Byron B. Bailey, Chairman ______________________________ Carey Mills-Storm, Clerk Approved as to form: Mark Popovich, County Attorney August 21, 2014/MWT/Victim Witness FY 15 Accept & Appropriate ISSUE: Resolution to Accept and Appropriate Funds for the Virginia Department of Criminal Justice Services Victim Witness Assistance Grant Program BACKGROUND: The Victim Witness Assistance Grant provides financial support to local victim/witness programs providing direct services, information, and assistance required by Virginia’s Crime Victim and Witness Rights Act. FY 2014-15 Victim Witness Assistance Grant funding in the amount of $49,741 has been awarded by the Virginia Department of Criminal Justice Services to the County’s Victim Witness Assistance Grant Program. BUDGETARY IMPACT: No match is required. Adoption of the attached resolution will increase the revenues and expenditures of the FY 2014-15 General Operating Budget by the amount of grant funds received. RECOMMENDATION: Adopt a resolution to accept and appropriate funding for the Victim Witness Assistance Grant from the Virginia Department of Criminal Justice Services. ATTACHMENT:  Resolution  Grant Award Letter RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDS RECEIVED FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES WHEREAS, Isle of Wight County has received a grant award from the Virginia Department of Criminal Justice Services through the Victim Witness Assistance Grant Program; and, WHEREAS, the grant award is in the amount of forty-nine thousand seven hundred forty-one dollars ($49,741) or so much as shall be received needs to be accepted and appropriated to appropriate line item in the FY 2014- 15 Operating Budget of the County of Isle of Wight County. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that forty-nine thousand seven hundred forty-one dollars ($49,741) or so much as shall be received from the Virginia Department of Criminal Justice Services be accepted and appropriated to the appropriate line item in the FY 2014-15 Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. Adopted this 21st day of August, 2014. Byron B. Bailey, Chairman ___________________________ Carey Mills-Storm, Clerk Approved as to form: __________________________________ Mark Popovich, County Attorney   August 21, 2014/jlo/Rural Rustic Roads ISSUE: Resolution to Accept and Appropriate State Funds for Rural Rustic Roads Paving Projects BACKGROUND: The recently adopted VDOT FY 2015-2020 Secondary Six Year Improvement Program (SSYIP) includes five (5) fully-funded Rural Rustic paving projects that were adopted by the Board of Supervisors as Locally Administered Projects and scheduled for completion in 2014. Complete construction plans for all five (5) roads have been submitted to the Virginia Department of Transportation (VDOT) for review and approval and the County anticipates authorization to advertise by August 31, 2014. Paving is expected to be completed within 4-6 months from the time of contract award. Road Name UPC Construction Estimate Twin Hill Lane 103054 $ 100,280.25 Yellow Rock Lane 103057 $ 231,620.55 Country Way 103052 $ 166,391.40 Holly Point Way 103055 $ 255,975.30 Poplar Drive 103056 $ 145,754.70 TOTAL $900,022.20 BUDGET IMPACT: Acceptance and appropriation of the State funds will increase the Capital Fund budget by $900,022.20. RECOMMENDATION: Adopt a resolution to appropriate $900,022.20 to the Capital Fund Budget for the approved Rural Rustic Roads projects. ATTACHMENTS: Resolution   August 21,2014/jlo/Rural Rustic Roads -- Resolution RESOLUTION TO ACCEPT AND APPROPRIATE STATE FUNDS FOR RURAL RUSTIC ROADS PAVING PROJECTS WHEREAS, Isle of Wight County Board of Supervisors has approved a Secondary Six Year Improvement Program (SSYIP) for FY 2015-2020, which was adopted by the Commonwealth Transportation Board, and includes completing five (5) Rural Rustic Road paving projects in 2014; and, WHEREAS, the Virginia Department of Transportation (VDOT) authorizes the County to locally administer transportation projects to increase efficiency in project costs and schedules and the County has committed to locally administering said five (5) Rural Rustic Road paving projects by executed Project Administration Agreements between the County and VDOT to include UPC 103054 (Twin Hill Lane), UPC 103057 (Yellow Rock Lane), UPC 103052 (Country Way), UPC 103055 (Holly Point Way) and UPC 103056 (Poplar Drive); and, WHEREAS, the five projects are funded by VDOT Secondary Road funds as follows: Twin Hill Lane at $100,280.25 Yellow Rock Lane at $231,620.55 Country Way at $166,391.40 Holly Point Way at $255,975.30 Poplar Drive at $145,754.70 NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that an additional nine hundred thousand, twenty two dollars and twenty cents ($900,022.20) be appropriated to the Capital Projects Fund for construction expenditures on Rural Rustic Road paving projects as committed in the VDOT Secondary Six Year Improvement Program (SSYIP) FY 2015-2020. BE IT FURTHER RESOLVED that the County Administrator is hereby authorized to proceed with advertising and awarding the contract for said projects in accordance with the Virginia Public Procurement Act and County policy, and is authorized to execute any and all necessary contracts and August 21,2014/jlo/Rural Rustic Roads -- Resolution agreements to complete said projects, upon review and approval of the County Attorney. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to execute all Program documents and make such accounting adjustments and execute such agreements and contracts as necessary to give this resolution effect. Adopted this 21th day of August 2014. Byron B. Bailey, Chairman _________________________ Carey Mills Storm, Clerk Approved as to Form: ______________________________ Mark C. Popovich, County Attorney ISSUE: Resolution to Accept and Appropriate Funds from the Virginia Department of Health Drinking Water Program for the Lawnes Point Interconnect Project and the Zuni Well Feasibility Study BACKGROUND: Isle of Wight County was notified on August 5, 2014 that it was the recipient of two (2) grant awards totaling $95,000 for an engineering design and feasibility study. These grants were awarded by Virginia Department of Health (VDH), Office of Drinking Water under their Financial and Construction Assistance Program. The first grant award, in the amount of $48,000, is for the engineering design to interconnect the Lawnes Point and Rushmere Shores water systems to provide a more efficient regional system and improved water quality. The second grant award, in the amount of $47,000, is a feasibility study to flood-proof or relocate the Zuni well out of the flood plain which is a high priority project for the County. BUDGET IMPACT: There are no local matching funds required. RECOMMENDATIONS: Adopt a resolution to accept and appropriate $95,000, including $48,000 for the Lawnes Point interconnect project and $47,000 for the Zuni well feasibility study project from the Virginia Department of Health. ATTACHMENTS: - Resolution to Accept and Appropriate Funds - Zuni Feasibility Study Award Notice from VDH - Lawnes Point Interconnect Award Notice from VDH   RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE VIRGINIA DEPARTMENT OF HEALTH DRINKING WATER PROGRAM FOR THE LAWNES POINT INTERCONNECT PROJECT AND THE ZUNI WELL FEASIBILITY PROJECT WHEREAS, the Virginia Department of Health (VDH) has awarded Isle of Wight County a grant for the engineering design to interconnect the Lawnes Point and Rushmere Shores water systems, and a grant for a feasibility study to flood proof or relocate the Zuni well out of the flood plain; and, WHEREAS, the County agrees to manage and execute these projects as locally administered projects. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that grant funding in the amount of ninety-five thousand dollars ($95,000), or as much as shall be received, from the Virginia Department of Health be accepted and the funds be appropriated to the Capital Projects Fund Budget as follows: - Lawnes Point and Rushmere Shores Water System Interconnection Project - $48,000 - Zuni Well Feasibility Project - $47,000 BE IT FURTHER RESOLVED, that the County Administrator of Isle of Wight County, Virginia be authorized to make the appropriate accounting adjustments in the budget and do all things necessary to give this resolution effect. Adopted this 21th day of August 2014. Byron B. Bailey, Chairman _________________________ Carey Mills Storm, Clerk Approved as to Form: ______________________________ Mark C. Popovich, County Attorney   ISSUE: Resolution to Recognize the Initial Accreditation of the Sheriff’s Office BACKGROUND: The Sheriff’s Office received its initial accreditation by the Virginia Law Enforcement Professional Standards Commission in May 2014. Accreditation is the ongoing process whereby agencies evaluate policy and procedure against established criteria, and have compliance with that criteria verified by an independent and authoritative body; however the ultimate goal of accreditation is enhanced service delivery. In recognition of the accomplishment of the Sheriff’s Office, a Presentation of Accreditation will be held at 4:00 pm on Thursday, August 21, 2014 in the Young-Laine Courts Building to publicly celebrate this achievement. RECOMMENDATION: Adopt a resolution. ATTACHMENTS: Resolution   RESOLUTION TO RECOGNIZE THE INITIAL ACCREDITATION OF THE ISLE OF WIGHT COUNTY SHERIFF’S OFFICE WHEREAS, accreditation is an ongoing process whereby law enforcement agencies evaluate policies and procedures against established criteria and have compliance with that criteria verified by an independent and authoritative body; and, WHEREAS, the Isle of Wight County Sheriff’s Office received its initial accreditation from the Virginia Law Enforcement Professional Standards Commission in May 2014; and, WHEREAS, accreditation represents a significant milestone for the Isle of Wight County Sheriff’s Office; and, WHEREAS, the Board of Supervisors wishes to recognize the achievement of the Sheriff’s Office. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia recognizes and congratulates the Isle of Wight County Sheriff’s Office on the occasion of its initial accreditation by the Virginia Law Enforcement Professional Standards Commission. Adopted this 21st day of August, 2014. Byron B. Bailey, Chairman ______________________________ Carey Mills-Storm, Clerk Approved as to form: Mark Popovich, County Attorney         ISSUE:     Regional Reports    BACKGROUND:     The Board of Supervisors has previously directed that an opportunity be  provided for monthly status briefings from Board members who serve as  representatives to the various regional committees and authorities on  behalf of the County.    RECOMMENDATION:     Receive an oral report.    ATTACHMENT:     Listing of regional committees/authorities and Board representation    2014 Board Member Regional Representatives (Appointed By Board Vote) Term Expires Hampton Roads Economic Development AllianceBuzz B. Bailey January 2015 Hampton Roads Transportation PlanningDelores C. Darden January 2015   OrganizationBuzz B. Bailey/Alternate January 2015 Hampton Roads Military and Federal FacilitiesDelores C. Darden January 2015 Alliance Hampton Roads Planning District CommissionDelores C. Darden January 2015 Mayors and Chairs CaucusBuzz B. Bailey January 2015 Southeastern Public Service AuthorityAnne F. Seward December 2014 Mark C. Popovich/Alternate December 2014 Southside Mayors and ChairsBuzz B. Bailey January 2015 Western Tidewater Regional Jail AuthorityRex W. Alphin January 2015 Rudolph Jefferson January 2015 Anne Seward/Alternate Western Tidewater Water AuthorityDelores C. Darden January 2015 Al Casteen July 2015 Anne F. Seward July 2015 Mark Popovich/Alternate July 2015 Regional Reports/Attachment Bo a r d s / C o m m i s s i o n s / C o m m i t t e e s N a m e D i s t r i c t Ch a m b e r  of  Co m m e r c e L i s a  T.  Pe r r y S m i t h f i e l d Co m m i s s i o n  on  Ag i n g A l l a n  Ha n r a h a n S m i t h f i e l d R e s i g n e d / J a n u a r y 2 0 1 6 Co m m i s s i o n  on  Ag i n g B r e n d a  St e p h e n s o n W i n d s o r A u g u s t 2 0 1 4 Ev e n t s  Co m m i t t e e L y n n  Br i g g s S m i t h f i e l d R e s i g n e d N o  Expiration Pa u l  D.  Ca m p  Co m m u n i t y  Co l l e g e P a t r i c i a  So w e l l J u n e 2 0 1 4 Se n i o r  Se r v i c e s  of  So u t h e a s t e r n  Vi r g i n i a A l l a n  Ha n r a h a n I O W  Re p r e s e n t a t i v e Res i g n e d / F e b r u a r y2015 So c i a l  Se r v i c e s  Bo a r d J u l i a  Pe r k i n s W i n d s o r J u n e 2 0 1 4 Vi r g i n i a  Al c o h o l  Sa f e t y  Ac t i o n  Pr o g r a m  (S o u t h e a s t e r n ) K e l l y  Sa u b e r / R e s i g n e d I O W  Re p r e s e n t a t i v e R e s i g n e d / M a y 2 0 1 4 We s t e r n  Ti d e w a t e r  Co m m u n i t y  Se r v i c e s  Bo a r d E l l e n  Co u c h I O W  Re p r e s e n t a t i v e R e s i g n e d / J u l y 2 0 1 4 We s t e r n  Ti d e w a t e r  Co m m u n i t y  Se r v i c e s  Bo a r d P a t  Cl a r k I O W  Re p r e s e n t a t i v e D e c e m b e r 2 0 1 4 Te r m  Expires Bo a r d s / C o m m i s s i o n s / C o m m i t t e e s (A p p o i n t e d  by  Bo a r d  Vo t e )   CommitteesMember Building, Grounds & TransportationAl Casteen January 2015 Buzz B. Bailey January 2015 Community DevelopmentRex W. Alphin January 2015 Delores C. Darden January 2015 Joint Tourism CommitteeAl Casteen January 2015 Delores C. Darden January 2015 Parks, Recreation & CulturalRex W. Alphin January 2015 Rudolph Jefferson January 2015 PersonnelDelores C. Darden January 2015 Rudolph Jefferson January 2015 Public SafetyAl Casteen January 2015 Rudolph Jefferson January 2015 Franklin Intergovernmental Relations Committee Rex W. Alphin January 2015 Delores C. Darden January 2015 Smithfield Intergovernmental Relations Committee Al Casteen January 2015 Rudolph Jefferson January 2015 Windsor Intergovernmental Relations Committee Rex W. Alphin January 2015 Delores C. Darden January 2015 Term Expires 2014 Appointed Committees Board Chairman ISSUE: Introduction of the 2014 Isle of Wight County Fair Queens and County Fair Update BACKGROUND: The Isle of Wight County Fair Pageant was held on August 1, 2014 at Windsor High School. The following young ladies were crowned:  Reagan Pelto, Wee Miss IOW County Fair  Autumn Callis, Little Miss IOW County Fair  Bailee Edwards, Junior Miss IOW County Fair  Madelynn Marston, Preteen Miss IOW County Fair  Kimberly Marchant, Teen Miss IOW County Fair  Gabriella Bryce, Miss IOW County Fair These young ladies were judged on evening gowns, personality wear, and interviews. The Miss category was also judged on platform. Over the course of the next year, the queens will represent the County Fair at many events throughout the County and neighboring communities. The Isle of Wight County Fair will be held at the Joel C. Bradshaw Fairgrounds on September 11-14, 2014. The queens will be making announcements, handing out awards for competitions, and be introduced on the main stage. The Isle of Wight County Fair Chairman will be present to update the Board on the activities planned for this year’s County Fair. RECOMMENDATION: Congratulate the 2014 Isle of Wight County Fair Queens. ATTACHMENTS: None   ISSUE: Staff Presentation - Parks and Recreation Leisure Guide BACKGROUND: Staff will provide a brief presentation on the Fall/Winter Recreation and Leisure classes and programs offered by the County’s Department of Parks and Recreation. BUDGETARY IMPACT: None RECOMMENDATION: Receive a presentation. ATTACHMENTS: None   ISSUE:     Special Presentation – Animal Control Adoption Program    BACKGROUND:     Staff will provide a brief display of animals which are  currently available for adoption at the County’s animal  shelter.    RECOMMENDATION:     Receive presentation.    ATTACHMENTS:     None    ISSUE: Isle of Wight County PEG Channel Update BACKGROUND: County staff recently implemented several upgrades and enhancements to the Isle of Wight County local government channel on Charter cable TV. The IT Department will give a brief presentation to discuss the new technology improvements and capabilities. BUDGETARY IMPACT: None RECOMMENDATION: For the Board’s information. ATTACHMENTS: To be presented at the Board’s meeting on Thursday August 21, 2014   August 21, 2014 / MJS / Par 5 Development Group, LLC rezoning application ISSUE: Motion to Authorize Amendment to Conditional Zoning to allow for Retail Sales for Par 5 Development Group, LLC BACKGROUND: The property was rezoned to Conditional – General Commercial (C- GC) on March 15, 2001. The proffered conditions allow for the following uses on the property: Manned Laundromat; Car Wash; Mini- warehousing; Outside Storage; and no more than three (3) coin operated machines. Following the rezoning approval in 2001, no commercial development has occurred on the property. The request is to amend the 2001 proffer statement in order to allow Retail Sales as a permitted use on the property. The applicant intends to construct a 9,100 square foot retail establishment that will be accessed off of Fort Huger Drive. The applicant submitted a Traffic Impact Assessment, which indicates that a 9,100 square foot retail establishment will not have a negative impact on the existing road network in this area of the County, which was confirmed by VDOT. RECOMMENDATION: Staff recommends that the Board of Supervisors approve the rezoning application as submitted. At its July 22, 2014 meeting, the Planning Commission recommended approval of the rezoning application by a vote of 8-0. ATTACHMENTS: - Staff report and attachments from the June 24, 2014 Planning Commission meeting - Staff memorandum and attachment from the July 22, 2014 Planning Commission meeting   July 22, 2014 PC Meeting/ MJS / ZA-05-14 Par 5 Development Group, LLC MEMORANDUM TO: Isle of Wight County Planning Commission FROM: Matthew Smolnik, Assistant Director of Planning & Zoning DATE: July 16, 2014 RE: ZA-05-14: Par 5 Development Group, LLC A public hearing was held on the above referenced application at the June 24, 2014 Planning Commission meeting. During the public hearing, an issue was raised by a citizen regarding a nearby BMP owned by the Virginia Department of Transportation and how the facility did not function properly. The citizen discussed how his property flooded during heavy rainstorm events. Additionally, the representative for the applicant was not present to answer questions from the Planning Commission due to confusion regarding the meeting date. Therefore, the Commission voted to defer action on this application until their July 22, 2014 meeting. Following the June 24, 2014 meeting, staff reached out to VDOT representatives to inquire on the current condition and operation of the BMP located on Route 10. Please refer to the attached email from Mr. Joe Lomax dated July 15, 2014 for further details. Mr. Lomax noted that “The basin in no way holds up the development as is, unless the development is adding volume to the location in question” and stated the basin is scheduled for maintenance later this year. Both staff and the representative for the applicant will be prepared to answer any questions raised by the Planning Commission at the July 22, 2014 meeting. Please be sure to bring the materials included in your June 24, 2014 agenda packet for your reference. Attachment: 1. Email from Mr. Joe Lomax dated July 15, 2014 August 21, 2014/BHW/Floodplain Management District Regulations    ISSUE: Adopt a Motion to Amend Floodplain Management District Regulations of the County Code (Appendix B, Zoning) BACKGROUND: In order to apply for the Community Rating System program, staff met with Virginia Department Conservation and Recreation’s Floodplain Engineer and the Virginia National Flood Insurance Program (NFIP) Coordinator for a required Community Assistance Visit. The purpose of the visit was to ensure the prospective community was in good standing with the NFIP. The NFIP Coordinator determined the Floodplain Management Overlay District guidelines must be amended to remain compliant. RECOMMENDATION: Staff recommends approval of the amendments as presented. The Planning Commission held a public hearing on the amendments and voted on May 27, 2014 to recommend approval of the amendments to the Board of Supervisors (8-0). ATTACHMENTS: - Ordinance Amendment final form version - Report from the April 22, 2014 Planning Commission Meeting - Ordinance Amendment redlined versions     AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING APPENDIX B, ZONING, ARTICLE II, ENTITLED “INTERPRETATIONS AND BASIC DEFINITIONS”, SECTION 2-1002, ENTITLED “DEFINITIONS”; ARTICLE VI, ENTITLED “OVERLAY DISTRICTS”, SECTION 6-4002, ENTITLED “DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR", SECTION 6-4003, ENTITLED “SUBMITTING TECHNICAL DATA”, SECTION 6-4004, ENTITLED “APPLICABILITY”, SECTION 6-4006, ENTITLED “ABROGATION AND GREATER RESTRICTIONS”, SECTION 6-4008, ENTITLED “PENALTY FOR VIOLATION”, SECTION 6-4009, ENTITLED “PERMIT REQUIRED”, SECTION 6-4011, ENTITLED “GENERAL PROVISIONS”, SECTION 6- 4012, ENTITLED “SPECIAL STANDARDS AND REQUIREMENTS” FOR THE PURPOSE OF UPDATING THE FLOODPLAIN MANAGEMENT DISTRICT REGULATIONS AND ASSOCIATED DEFINITIONS. WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors adopted the Floodplain Management Overlay (FPMO) District provisions to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base; and WHEREAS, the FPMO is further intended to ensure that all property owners within the County are eligible for participation in the National Flood Insurance Program and able to secure such insurance at nominal rates; and WHEREAS, Isle of Wight County Board of Supervisors finds it necessary to revise the provisions of the FPMO to comply with the National Flood Insurance Program. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article II, entitled “Interpretations and Basic Definitions”, Section 2-1002, entitled “Definitions” of the Isle of Wight County Code be amended and reenacted as follows: Sec. 2-1002. Definitions. When used in this ordinance the following terms shall have a meaning as ascribed herein: Abutting.\ Having a common border with, or being separated from such common border by right-of-way, alley or easement. Access, pedestrian.\ The right to cross between public and private property, allowing pedestrians to enter and leave property. Access, vehicular.\ A means of vehicular approach or entry to or exit from property, from a street or highway. Accessory building.\ A subordinate building customarily incidental to and located upon the same lot occupied by the main building. When an accessory building is attached to the principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered a part of the principal building. Accessory use.\ A use customarily incidental and subordinate to, and on the same lot as a principal use. Administrator.\ See "zoning administrator." Alley.\ A right-of-way that provides secondary service access for vehicles to the side or rear of abutting properties. Alteration.\ Any change or rearrangement of supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or moving of a building or structure from one (1) location to another. Alternate discharge sewage system.\ Any device or system which results in a point source surface discharge of treated sewage with flows less than or equal to one thousand (1,000) gallons per day on a yearly average. These systems are regulated by the Virginia Department of Health and under a general Virginia Pollution Discharge Elimination System (VPDES) permit issued by the Virginia Department of Environmental Quality (DEQ). Amend\ or amendment. Any repeal, modification or addition to a regulation; any new regulation: any change in the number, shape, boundary or area of a zone or zoning district; or any repeal or abolition of any map, part thereof or addition thereto. Amenity space.\ Space devoted to such uses as uncovered open space for public enjoyment consisting of such things as, but not limited to: green areas, gardens, malls, plazas, walks, pathways, promenades, arcades, lawns, fountains, decorative plantings, passive or active recreational areas. Such space shall not include parking or maneuvering areas for vehicles. Area devoted to this purpose shall be easily and readily accessible to the public or residents of the development. In areas where pedestrian walkways are shown on an approved and adopted master plan such area within the percentage required for amenity space as is necessary shall be devoted to the provision of pedestrian walkways or paths for general public use. Anchor store.\ A store that acts as the major retailer and brings in the majority of business within a shopping center, mall or similar commercial complex. Antenna.\ A device in which the surface is used to capture an incoming and/or transmit an outgoing radio-frequency signal. Antennas shall include the following types: 1. Omnidirectional (or "whip") antenna. ..... An antenna that receives and transmits signals in a 360-degree pattern. 2. Directional (or "panel") antenna. ..... An antenna that receives and transmits signals in a directional pattern typically encompassing an arc of one hundred twenty (120) degrees. 3. Dish (or parabolic) antenna. ..... A bowl shaped device, less than two (2) meters in diameter, that receives and transmits signals in a specific directional pattern. Arcade.\ A covered passage having an arched roof. Attic.\ The area between roof framing and the ceiling of the rooms below that is not habitable, but may used for storage or mechanical equipment. Improvement to habitable status shall make it a story. Automobile.\ See "motor vehicle." Automobile wrecking yard.\ Automobile wrecking yard shall mean any lot or place which is exposed to the weather and upon which more than two (2) vehicles of any kind that are incapable of being operated and which it would not be economically practical to make operative, are placed, located or found for a period exceeding thirty (30) days. The movement or rearrangement of such vehicles within an existing lot or facility shall not render this definition inapplicable. (See also scrap and salvage services in section 3-700.) Base density.\ The maximum number of dwelling units permitted outright by a particular land-use classification. Base flood\ The flood having a one (1%) percent chance of being equaled or exceeded in any given year. Base flood elevation.\ The Federal Emergency Management Agency designated one percent annual chance water surface elevation. The water surface elevation of the base flood in relation to the datum specified on the community’s Flood Insurance Rate Map. For the purposes of this ordinance, the base flood is one hundred (100) year flood or 1% annual chance flood. Basement.\ That portion of a building that is partly or completely below grade. A basement shall be counted as a story if its ceiling is over six (6) feet above the average level of the finished ground surface adjoining the exterior walls of such story, or if it is used for business or dwelling purposes. For the purposes of floodplain management, any area of the building having its floor subgrade (below ground level) on all sides. Billboard.\ See "sign, billboard." Block.\ That property abutting one (1) side of a street and lying between the two (2) nearest intersecting streets or the nearest intersecting street and railroad right-of-way, river, or between any of the foregoing and any other man-made or natural barrier to the continuity of development. Board of supervisors.\ Governing body of Isle of Wight County. Also referred to as the board. Board of zoning appeals.\ The board appointed to review appeals made by individuals with regard to decisions of the zoning administrator in the interpretation of this ordinance. The board of zoning appeals is also authorized to grant variances from provisions of the zoning ordinance in particular circumstances. Breezeway.\ A structure for the principal purpose of connecting the main building or buildings on a property with other main buildings or accessory buildings. Buffer\ or bufferyard. A natural open space or landscaped area intended to separate and protect adjacent or contiguous uses or properties, including land uses abutting highly traveled highway corridors, from noise, lights, glare, pollutants or other potential nuisances. Building.\ A structure with a roof designed to be used as a place of occupancy, storage, or shelter. Building, floor area.\ The total number of square feet area in a building, excluding uncovered steps, and uncovered porches, but including the basement and the total floor area of accessory buildings on the same lot. Building, height.\ The height of a building is the mean vertical distance from the average established grade in front of the lot or from the average natural grade at the building line, if higher, measured to the following: to the roof line, to the average height of the top of the cornice of flat roofs, to the deck line of a mansard roof, to the middle height of the highest gable or dormer in a pitched or hipped roof, except that, if a building is located on a terrace, the height above the street grade may be increased by the height of the terrace. On a comer lot, the height is the mean vertical distance from the average natural grade at the building line, if higher, on the street of greatest width, or if two (2) or more such streets are of the same width, from the highest of such grades. Building line.\ A line parallel to the front property line of a yard beyond which the foundation wall and/or any enclosed porch, vestibule, or other enclosed portion of a building shall not project, except as provided in subsection 5-2000.D, supplementary density and dimensional requirements. Building, main.\ See "principal building or structure." Building official, superintendent of building inspections.\ The person designated as the official responsible for enforcing and administering all requirements of the Uniform Statewide Building Code in Isle of Wight County, Virginia. Bulk regulations.\ Controls that establish the maximum size of buildings and structures on a lot or parcel and the buildable area within which the structure may be placed, including lot coverage, height, setbacks, density, floor area ratio, open space ratio, and landscape ratio. Caliper.\ A measurement, in diameter, of plant material size. All plant material requiring a caliper measurement shall be measured using diameter at breast height (DBH), which is defined as four and one-half (4½) feet above the ground on the uphill side of the tree or plant. Camping site.\ Any plot of ground within a campground used or intended for occupation by the camping unit. Camping unit.\ A tent, tent trailer, camping trailer, pickup camper, motor home, recreational vehicle or any other commonly used temporary shelter device used as temporary living quarters or shelter during periods of recreation, vacation, leisure time or travel. To qualify as a camping unit, vehicular and mobile units shall be eligible to be currently licensed and registered by a governmental body and shall be legal to travel on Virginia highways without special permits for size, weight or other reasons. Canopy.\ A roof-like structure of a permanent nature which may be freestanding or project from a wall of a building or its supports. Canopy coverage.\ The percent of a fixed land area covered by the crown of an individual plant exceeding five (5) feet in height and measured fifteen (15) years from the date of installation. Or the percent of a fixed land area covered by the outermost limits of the crown of a cluster of plants exceeding five (5) feet in height, which create one (1) continuous area of coverage, measured fifteen (15) years from the date of installation. Carport.\ A permanent roofed structure not more than seventy-five percent (75%) enclosed by walls and attached to the main building for the purpose of providing shelter for one (1) or more motor vehicles. Cellar.\ See "basement." Certificate of occupancy.\ A document issued by the building official allowing the occupancy or use of a structure and certifying that the structure and/or site has been constructed and is to be used in compliance with all applicable plans, codes and ordinances. Channel.\ A natural or artificial watercourse with a definite bed and banks to confine and conduct continuously or periodically flowing water. Child.\ Any natural person under eighteen (18) years of age. Chord.\ A line segment joining any two (2) points of a circle. Circulation area.\ That portion of the vehicle accommodation area used for access to parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering areas (other than parking aisles) comprise the circulation area. Co-location.\ The use of a single location structure and/or site by more than one (1) wireless communications service provider. Coastal A Zone.\ Flood hazard areas that have been delineated as subject to wave heights between 1.5 feet and 3 feet and identified on the Flood Insurance Rate Maps (FIRMs) as areas of Limits of Moderate Wave Action (LiMWA). Coastal high hazard area (CHHA).\ The portion of a coastal floodplain having special flood hazards that is subject to high velocity waters, including hurricane wave wash. The area is designated on the flood insurance rate map (FIRM) as zone VI-30, VE or V (V-zones). Combination use.\ A use consisting of a combination of one (1) or more lots and two (2) or more principal uses separately listed in the district regulations. Commercial vehicle.\ A vehicle designed to have more than two (2) rear wheels on a single axle. This shall not apply to pickup body type trucks, passenger van type vehicles, or to vehicles essential for an agricultural use associated with the premises. Community impact statement.\ A document required by the county which outlines the impact a proposed development will have on environmental and cultural resources, and county services, including, but not limited to schools, fire and rescue, and public utilities. Conditional use.\ A conditional use is a use that, because of special requirements or characteristics, may be allowed in a particular zoning district only after review and recommendation by the planning commission and the granting of conditional use approval by the board of supervisors imposing such conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity. Deck.\ A structure, without a roof or walls, directly adjacent to a principal building, which has an average elevation of thirty (30) inches or greater from finished grade. Development.\ Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of manufactured homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, drilling operations, or storage of equipment or materials. Display lot.\ An outdoor area where active nighttime sales activity occurs and where accurate color perception of merchandise by customers is required. To qualify as a display lot, one (1) of the following specific uses must occur: motor vehicle sales, boat sales, recreational vehicle sales, gardening or nursery sales. Any other use must be approved as display lot uses by the zoning administrator. Dripline.\ A vertical projection to the ground surface from the furthest lateral extent of a tree's leaf canopy. Driveway.\ A roadway providing access for vehicles to a parking space, garage, dwelling, or other structure. A driveway serves only one (1) or two (2) lots. Dwelling.\ A building, or portion thereof, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multifamily dwellings, but do not include, hotels, motels, boarding and rooming houses, bed and breakfast establishments, and the like. Dwelling unit.\ One (1) or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one (1) family with toilets and facilities for cooking and sleeping separate from any other dwelling unit. Earthcraft certified construction.\ An environmentally friendly, residential building program developed by the Southface Energy Institute which requires certified builders to meet guidelines for energy efficiency, water conservation, and other environmental practices on single-family and multifamily unit construction. Similar to the LEED certification program, but focused specifically on residential development. Earth tone.\ A color scheme that draws from a color palette of browns, tans, grays, greens, and some reds. The colors in an earth tone scheme are muted and flat in an emulation of the natural colors found in dirt, moss, trees, and rocks. Many earth tones originate from clay earth pigments, such as umber, ochre, and sienna. Colors such as orange and blue are not considered earth tones because they are not found naturally on pieces of land even though they can be found within nature. Elevation.\ A vertical distance above or below a fixed reference point. Environmental assessment.\ An analysis of the beneficial or detrimental effects of a development on the natural resources and characteristics of the property, including resources such as, but not limited to wetlands, flora and fauna, and other ecosystems. Equipment enclosure.\ A small building, cabinet, or vault used to house and protect electronic or mechanical equipment. Associated equipment may include, but is not limited to, air conditioners and emergency generators. Expansion to an existing manufactured home park or subdivision.\ For the purposes of floodplain management means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Facade.\ That portion of any exterior elevation of the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation. Family.\ An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than four (4) unrelated persons, occupying a single-family dwelling. Flood.\ A general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters; 2. The unusual and rapid accumulation or runoff of surface waters from any source; 3. Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. A flood may be further defined as the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding. Flood hazard zone.\ The delineation of special flood hazard areas into insurance risk and rate classifications on the flood insurance rate map (FIRM) published by the Federal Emergency Management Agency (FEMA) and which include the following zones and criteria: 1. Zone A: ..... Areas subject to inundation by the 100-year flood where detailed analyses have not been performed and base flood elevations are not shown. 2. Zone AE: ..... Areas subject to inundation by the 100-year flood as determined by detailed methods with base flood elevations shown within each area. 3. Zone VE: ..... Areas along coastal regions subject to additional hazards associated with storm wave and tidal action as well as inundation by the 100-year flood. 4. Zone X: ..... Areas located above the 100-year flood boundary and having moderate or minimal flood hazards. Flood insurance rate map (FIRM).\ An official map of a community, on which the Federal Emergency Management Agency has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). Flood insurance study.\ An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, mudslide hazards and/or flood-related erosion hazards. Floodplain.\ A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; an area subject to the unusual and rapid accumulation or runoff of surface water from any source. Flood-prone area.\ Any land area susceptible to being inundated by water from any source (see definition of flooding). Floodproofing.\ Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water, sanitary facilities, structures and their contents. Floodway.\ The channel of a river or other watercourse and the adjacent land areas required to carry and discharge the 100-year flood without increasing the water surface elevation of that flood more than one (1) foot at any point. Floor area.\ The square feet of floor space within the outside lines of walls, including the total of all space on all floors of a building. Floor area shall not include porches, garages, or unfinished space in a basement or attic. Floor area ratio (FAR).\ The total floor area of all buildings or structures on a lot divided by the net developable area of the lot. Footcandle.\ A unit of measure for illuminance. A unit of illuminance on a surface that is everywhere one (1) foot from a uniform point source of light of one (1) candle and equal to one (1) lumen per square foot. Freeboard.\ A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. “Freeboard” tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed. When a freeboard is included in the height of a structure, the flood insurance premiums may be less expensive. Frontage.\ The linear measurement in feet of the front property line abutting a street. Functionally dependent use.\ A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. Garage, private.\ An accessory building which is designed or used for the storage of vehicles owned and used by the occupants of the building to which it is accessory and which is not operated as a separate commercial enterprise. Gazebo.\ A detached, covered freestanding, open-air or screened accessory structure designed for recreational use only and not for habitation. Glare.\ The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility; blinding light. Green roof.\ The roof of a building which is partially or completely covered with vegetation and soil or other growing medium planted over a waterproof membrane. Habitable floor.\ Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or any combination thereof. A floor used only for storage is not a habitable floor. Highest adjacent grade.\ For the purposes of floodplain management, the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure; Historic landmark/area/structure.\ Any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been listed in the county's comprehensive plan or certified: a. by an approved state program as determined by the Secretary of the Interior; or b. directly by the Secretary of the Interior in states without approved programs Home garden.\ An accessory use in a residential district for the production of vegetables, fruits and flowers generally for use or consumption, or both, by the occupants of the premises. Impervious surface.\ A surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces may include, but are not limited to; buildings, roofs, streets, parking areas, and any concrete, asphalt, or compacted gravel surface. Intelligent siting.\ The practice of building placement which gives high consideration to environmental aspects such as solar orientation, seasonal shading, prevailing winds, etc., in order to allow for increased energy efficiency. Junkyard.\ Junkyard shall mean any establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile wrecking yard. For purposes of this definition, "junk" shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material. (See also "scrap and salvage services" in section 3-700.) Kiosk.\ A freestanding structure upon which temporary information and/or posters, notices, and announcements are posted. Commercial transactions do not take place here. Landscape.\ An expanse of natural scenery or the addition or preservation of lawns supplemented by, shrubs, trees, plants or other natural and decorative features to land. Landscape surface ratio (LSR).\ A measure, expressed as a percentage, of the area to be landscaped on a site determined by dividing the landscaped area of the site by the total project area. LEED certified.\ Leadership in energy and environmental design (LEED) certification program administered by the U.S. Green Building Council, which requires designers to meet guidelines for energy efficiency, water conservation, and other environmental practices. Light trespass.\ Light from an artificial light source that is intruding onto adjacent properties and is a nuisance. Livestock.\ Swine, sheep, cattle, poultry or other animals or fowl which are being produced primarily for food, fiber, or food products for human consumption. Loading and unloading area.\ The area on a lot designated for bulk pickup and deliveries of merchandise and materials directly related to the use on said lot. Lot.\ A parcel of land intended to be separately owned, developed, or otherwise used as a unit, established by plat, subdivision or as otherwise permitted by law. Lot, corner.\ A lot abutting on two (2) or more streets at their intersection. Lot, depth of.\ The shortest horizontal distance between the front and rear lot lines. Lot, double frontage.\ An interior lot having frontage on two (2) streets. Lot, flag.\ A lot not fronting on or abutting a public roadway or having limited frontage necessary for access and where access to the public roadway is essentially limited to a narrow private right-of-way. Lot, interior.\ A lot other than a corner lot. Lot, through.\ A lot having its front and rear yards each abutting on a street. Lot area.\ The total horizontal area in square feet within the lot lines of a lot excluding designated future public rights-of-way. Lot coverage.\ A measure of intensity of land use that represents the portion of a site that is impervious (i.e., does not absorb water). This portion includes, but is not limited to, all areas covered by buildings, parked structures, driveways, roads, sidewalks, and any area of concrete or asphalt. Lot line.\ A line dividing one (1) lot from another lot or from a street or alley. Lot line, front.\ On an interior lot, the lot line abutting a street or right-of- way; or, on a corner lot, the shorter lot line abutting a street or right-of-way; or, on a through lot, the lot line abutting the street or right-of-way providing the primary access to the lot. Lot line, rear.\ The lot line located opposite the front line. Lot line, side.\ Any boundary of a lot, which is not a front lot line or a rear lot line. Lot of record.\ A lot which has been legally recorded in the clerk's office of the Circuit Court of Isle of Wight County. Lot width.\ The horizontal distance between the side lot lines, measured at the required front setback line. Low impact development (LID).\ A site design approach to managing stormwater runoff which emphasizes conservation and use of on-site natural features to protect water quality. This approach implements small-scale hydrologic controls to replicate the pre-development hydrologic patterns of watersheds through infiltrating, filtering, storing, evaporating, and detaining runoff close to its source. Lowest floor.\ For the purpose of floodplain management, the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, useable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Federal Code 44CFR §60.3. Luminary.\ A lighting fixture assembly or source of artificial illumination including, but not limited to, bulbs, lamps, reflectors, refractors, and housing associated with them. Manufactured home.\ Manufactured [home] means a structure constructed to federal standards, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) feet or more in width and is forty (40) feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Manufactured home park, existing.\ A parcel of land divided into two (2) or more manufactured home lots for rent or sale existing prior to 08/19/1991. Manufactured home park or subdivision, new.\ means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after 08/19/1991. Mean sea level.\ National Geodetic Vertical Datum (NGVD) of 1929, to which all elevations on the FIRM (flood insurance rate map) and within the flood insurance study are referenced. Mixed-use structure.\ A building or other structure containing a combination of two (2) or more different principal uses. Motor vehicle.\ Any self-propelled vehicle designed primarily for transportation of persons of goods along public streets or alleys, or other public ways. Net developable area.\ The land deemed suitable for development within a given area or parcel. It is calculated by subtracting the sensitive environmental areas within the area or parcel that should be protected from development and the estimated right-of-way requirements and existing regional transmission line easements and rights-of-way from the total gross area. The result is the net developable area, which provides a realistic measure of land holding capacity for an area or parcel in the county. Refer to section 5-4000, net developable area, for additional information on net developable area. New construction.\ For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM (flood insurance rate map),08/19/91, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. Nonconforming activity or use.\ The otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this ordinance for the district in which it is located, either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance. Nonconforming building or structure.\ An otherwise legal building or structure that does not conform with the yard, height, maximum density or other bulk regulations, or is designed or intended for a use that does not conform to the use regulations, of this ordinance for the district in which it is located, either at the effective date of this ordinance or as result of subsequent amendments. Nonconforming lot.\ An otherwise legally platted lot that does not conform to the minimum area or width requirements for the district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to this ordinance. Nonconforming site.\ An otherwise legal site for which existing improvements do not conform to the lot coverage, bufferyard, landscaping, parking and other site requirements set forth in the zoning or special overlay district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to this ordinance. Office park.\ A large tract of land that has been planned, developed, and operated as an integrated facility for a number of separate office buildings and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics, and compatibility. Official zoning map.\ The map or maps, together with all subsequent amendments thereto, which are adopted by reference as a part of this ordinance and which delineate the zoning district boundaries. Open space.\ An area that is intended to provide light and air, and is designed, depending upon the particular situation, for environmental, scenic or recreational purposes. Open space may include, but need not be limited to, lawns, decorative plantings, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, and watercourses. Open space shall not be deemed to include structures, driveways, parking lots or other surfaces designed or intended for vehicular traffic. Open space, common.\ Open space that is accessible to all occupants of a particular development and is not restricted to use by occupants of an individual lot or structure. Open space ratio (OSR).\ A measure, expressed as a percentage, of site open space determined by dividing the gross open space area of a lot, parcel or tract of land by the total area of that lot, parcel or tract of land. Parking area aisle.\ That portion of the parking area consisting of lanes providing access to parking spaces. Parking area, lot or structure.\ An off-street area for parking or loading and unloading, whether required or permitted by this ordinance, including driveways, access ways, aisles, and maneuvering areas, but not including any public or private street right-of-way. Parking space.\ A portion of the parking area set aside for the parking of one (1) vehicle. Patio.\ A level surfaced area, directly adjacent to a principal building, without walls or a roof intended for outdoor lounging, dining, and the like, which has an average elevation of less than thirty (30) inches from finished grade. Permeable materials.\ A variety of product alternatives to traditional, impervious surface materials which allow for the infiltration of stormwater through the soil to more naturally reduce runoff volumes and filter pollutants. Increased infiltration occurs either through the paving material itself, or through void spaces between individual paving blocks (also called pavers). Materials may include, but are not limited to: pervious concrete, pervious asphalt, block and concrete modular pavers, and grid pavers. Permit, building.\ An official document or certification permit that is issued by the building official and which authorizes the construction, alternation, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure. This permit should not be a substitute for a zoning permit. Permit, conditional use.\ A permit issued by the county board of supervisors authorizing the operation of a use under certain conditions and standards. Permit, special use.\ A permit issued by the county board of supervisors authorizing a use not otherwise provided for in this ordinance as a permitted or conditional use. Permit, zoning.\ A permit issued by the zoning administrator that authorizes the recipient to make use of property in accordance with the requirements of this ordinance. Phase I archeological study.\ A survey of archaeological resources undertaken in accordance with the Secretary of the Interior's Standards and Guidelines (48 FR, 44742) as may be amended and the Guidelines for Conducting Cultural Resource Survey in Virginia prepared by the Virginia Department of Historic Resources, as may be amended. Photometric plan.\ A diagram consisting of lines showing the relative illumination in foot candles from a light source or group of light sources. Planning commission.\ The Isle of Wight County Planning Commission. Porch.\ A projection from a main wall or a building which can be covered, with a roof, or uncovered. The projection may or may not use columns or other ground supports for structural purposes. Portable on demand storage units.\ Also known as a POD, a large container used for temporary storage. A POD is hauled to the property, loaded with items, hauled from the property and stored in a storage yard. Poultry.\ Domestic fowl normally raised on a farm such as chickens, ducks, geese and turkeys. Preliminary and final site development plan.\ Site development plans prepared by a certified or licensed engineer, surveyor, architect or landscape architect, that is required for development proposals outlined in section 7-2004, preliminary and final site development plan requirements. Principal building or structure.\ A building or structure in which the primary or main use of the property on which the building is located is conducted and distinguished from an accessory or secondary building or structure on the same premises. Principal use.\ A use which represents the primary or main use of the land or structure which is distinguished from an accessory use on the same premises. Proffer.\ A condition voluntarily offered by the applicant and owner for a rezoning that limits or qualifies how the property in question will be used or developed. Public water and sewer system.\ A water or sewer system owned and operated by a municipality or county, or owned and operated by a private individual or a corporation approved by the governing body and properly licensed by the state corporation commission or other applicable agency, and subject to special regulations as herein set forth. Public way.\ Any sidewalk, street, alley, highway or other public thoroughfare. Recreation, active.\ Leisure activities, usually organized and performed with others, often requiring equipment and constructed facilities, taking place at prescribed places, sites, or fields. The term active recreation includes, but is not limited to, swimming, tennis, and other court games, baseball and other field sports, golf and playground activities. Recreation, passive.\ Recreation that involves existing natural resources and has a minimal impact. Such recreation does not require development of the site nor any alternation of existing topography. Such passive recreation shall include, but not be limited to, hiking, picnicking, and bird watching. Recreational vehicle.\ A vehicle designed to be self-propelled or permanently towable; and not designed for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use. Redevelopment.\ The process of using land that contains or previously contained development. Required open space.\ Any space required in any front, side or rear yard. Residential plot plan.\ A plan submitted for the construction or location of all new single- family detached dwellings or two-family dwellings on an existing or platted lot. This plan shall meet the requirements of section 7-2002, residential plot plan. Right-of-way.\ A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special use. Road.\ See "street." Satellite dish antenna.\ See "antenna." Screening.\ The act of visually shielding or obscuring one (1) abutting or nearby structure or use from another by fencing, walls, berms, or required planted vegetation. Screen material.\ Materials that have been outlined in article VIII for the screening of service structures, equipment, and/or outdoor storage yards. Seasonal shading.\ The practice of using plant material to capitalize on solar energy and light for heating and interior lighting purposes. An example would be using deciduous trees near windows to shade afternoon sun in the summer, but allow afternoon sun for heat and light through in the winter. Service building.\ A building used to house stationary or movable service equipment and mechanical equipment for the maintenance and function of onsite machinery. Setback.\ The required minimum horizontal distance between the building line and the related front, side, or rear property line. A setback is meant from a street not a driveway. Setback line.\ A line within a lot parallel to a corresponding lot line, which is the boundary of any specified front, side, or rear yard, or the boundary of any public right-of-way whether acquired in fee, easement, or otherwise, or a line otherwise established to govern the location of buildings, structures or uses. Where no minimum front, side, or rear yards are specified, the setback line shall be coterminous with the corresponding lot line. Shopping center.\ A grouping of architecturally unified and related retail establishments which are planned, developed, owned, and managed as a single operating unit, and which share interconnected walkways and parking areas. The establishments contained within a shopping center are related to each other and the market area served in terms of size, type, location, and market orientation. Shrub.\ A relatively low growing, woody plant typified by having several permanent stems instead of a single trunk. Shrub, deciduous.\ Any shrub which sheds its foliage during a particular season of the year. Shrub, evergreen.\ Any shrub which retains its foliage throughout the entire year. Sign.\ Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, call attention to, or identify the purpose of a person or entity, or to communicate information of any kind to the public. Sign, animated.\ Any sign that uses movement or change of lighting to depict action or to create a special effect or scene. This shall not include a variable message sign. Sign, banner.\ Any sign of lightweight fabric or similar material that is mounted to a pole or a building by one (1) or more of its edges. National flags, state, or municipal flags, or the official flag of any institution or business shall not be considered banners. Sign, beacon.\ Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same zone lot as the light source; also, any light with one (1) or more beams that rotate or move. Sign, billboard.\ An off-premises sign owned by a person, corporation, or other entity that engages in the business of selling the advertising space on that sign. Sign, canopy.\ Any sign that is painted on, printed on, part of or otherwise attached to or displayed on an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. No such signs shall project vertically above or below, or horizontally beyond the physical dimensions of such canopy. Sign, changeable copy.\ A sign or part of a sign that is designed so that characters, letters, or illustrations can be changed or rearranged on a letter track that can be rearranged without altering the face or surface of the sign. Sign, commercial message.\ Any wording, logo, or other representation that, directly or indirectly, names, advertises, or calls-attention to a business, product, service, or other commercial activity. Sign, directional.\ On-premises signage designed to guide vehicular and/or pedestrian traffic by issuing words such as "Entrance," "Exit," "Parking," "One-Way," or similar instructions, and related indicator graphics such as arrows, which may include the identification of the building or use but may not include any advertising or commercial message or logo. Sign, electronic message board.\ Defined as signs or portions of signs that use changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. Sign, facade.\ Any sign attached to any part of a building, as contrasted to a freestanding sign, and projecting no further than six (6) inches from the building wall it is attached to. See also: "sign, wall." Sign, flag.\ Any fabric or bunting containing distinctive colors, patterns, or symbols, used to communicate a message or draw attention to a development, business, land use, or other similar entity. Sign, freestanding.\ A sign that is attached to, erected on, or supported by some structure (such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or structure whose principal function is something other than the support of a sign. Sign, internally illuminated.\ A sign where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source. A sign that consists of or contains tubes that (i) are filled with neon or some other gas that glows when an electric current passes through it and (ii) are intended to form or constitute all or part of the message of the sign, rather than merely providing illumination to other parts of the sign that contain the message, shall also be considered an internally illuminated sign. Sign, marquee.\ A roof-like structure of a permanent nature which projects from the wall of a building or its supports and may overhang the public way. Sign, nonconforming.\ Any sign that does not conform to the requirements of this ordinance. Sign, off-premises.\ A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction that draws attention to a cause or advocates or proclaims a political, religious, or other noncommercial message, or other enterprise or activity that exists or is conducted, sold, offered, maintained, or provided at a location other than the lot on which the sign is located. Sign, on-premises.\ A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained, or provided on the lot where the sign is located. Sign, pennant.\ Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from or supported by a rope, wire, or string, usually in series, designed to move in the wind. Sign, portable.\ Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels, signs converted to "A" or "T" frames; menu and sandwich board signs, balloons used as signs, umbrellas used for advertising, and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business; such vehicles shall be parked only in a designated parking space. Sign, projecting.\ A sign other than a facade, canopy, or marquee sign which is wholly or partially dependent upon a building for support and that projects more than six (6) inches from such building. Sign, special event.\ A sign for the purpose of circuses, fairs, carnivals, festivals, and other types of special events that (i) run for not longer than two (2) weeks, (ii) are intended or likely to attract substantial crowds, and (iii) are unlike the customary or usual activities generally associated with the property where the special event is to be located. Sign, suspended.\ A sign that is suspended from the underside of a horizontal plane surface and is supported by such surface. Sign, temporary.\ A sign that is used in connection with a circumstance, situation, or event that is designed, intended, or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign; or, is intended to remain on the location where it is erected or placed. If a sign display area is permanent but the message displayed is subject to periodic changes, that sign shall not be regarded as temporary. Sign, wall.\ Any sign attached parallel to, but within six (6) inches of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface. See also: "sign, facade." Sign, window.\ Any sign, pictures, symbol, or combination thereof designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or door or upon the window panes or glass and is visible from the exterior of the window or door. Simplified site plan.\ A plan submitted for a change or expansion of a commercial, civic, office or industrial use on an existing site and meets the requirements of section 7-2003. Site development plan, preliminary/final.\ A plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations pertaining to site plans in this ordinance. Includes lot lines, streets, building sites, reserved open space, buildings, major landscape features, both natural and man-made, and any other requirements outlined by article VII. Slope.\ The degree of deviation of a surface from the horizontal, usually expressed as a percentage. Slope shall be measured as the vertical rise or fall to horizontal distance of terrain measured perpendicular to the contour lines at horizontal intervals of more than ten (10) feet. Solar orientation.\ The practice of using building placement and design to capitalize on solar energy and light for heating and interior lighting purposes. Special flood hazard area.\ The land in the floodplain subject to the one (1%) percent or greater chance of being flooded in any given year. Specified anatomical area.\ Such areas include less than completely and opaque covered human genitals, pubic region, buttocks, female breasts below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activity.\ Such activity includes human genitals in a state of sexual stimulation or arousal, an act of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts. Start of construction.\ For the purpose of floodplain management, other than new construction and substantial improvement, under the Coastal Barriers Resource Act, means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of pipes, the construction of columns, or any work beyond the state of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building. Storage.\ The keeping, either indoors or outdoors, of equipment, vehicles, or supplies used in the conduct of a trade, business, or profession. Stormwater management.\ For quantitative control, a system of vegetative and structural measures that control the increased volume and rate of surface runoff caused by man-made changes to the land; and for qualitative control, a system of vegetative, structural, and other measures that reduce or eliminate pollutants that might otherwise be carried by surface runoff. Stormwater management practice, nonstructural.\ A stormwater management technique that utilizes the ecological and environmental aspect of a site or area for the collection, conveyance, channeling, holding, retaining, detaining, infiltration, diverting, treating or filtering of surface water, and/or runoff. Stormwater management practice, structural.\ A stormwater management technique that utilizes a man-made facility and/or apparatus for the collection, conveyance, channeling, holding, retaining, detaining, infiltration, diverting, treating or filtering of surface water, and/or runoff. Story.\ That portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, the space between the face and the ceiling next above it. Story, half.\ A space under a sloping roof, which has the line of intersection of roof decking and wall not more than three (3) feet above the top floor level, and in which space more than two-thirds (2/3) of the floor area is finished off for use other than storage. Street.\ A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles. A street serves three (3) or more lots. The word "street" shall include the words "road", and "highway". Street, arterial.\ A street specifically designed to move high volumes of traffic from collector streets through the county and not designed to serve abutting lots except indirectly through intersecting streets. Arterial streets shall include all U.S. Highways, state primaries with one-, two- or three-digit numbers, and any other street which the subdivision agent determines is functionally equivalent to these transportation department classifications. Street, collector.\ A relatively low-speed, low-volume street that provides circulation within and between neighborhoods. Collector streets usually serve short trips and are intended for collecting trips from local streets and distributing them to the arterial network. They also form a secondary network of cross county connectivity. Street, public.\ A public street or street with respect to which an offer of dedication has been made and improvements completed which are consistent with the Isle of Wight County Subdivision Ordinance and the requirements of the Virginia Department of Transportation or a street or portion thereof which is included in the state primary or secondary road system. Structure.\ Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. Among other things, structures include buildings, mobile and manufactured homes, walls, fences, signs, piers, and swimming pools, etc. For the purpose of floodplain management, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as manufactured home. Subdivision.\ The division or resubdivision of a lot, tract, or parcel of land by any means into two (2) or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development. The term subdivision shall also mean the following: 1. Any development of a parcel of land which involves installation of sanitary sewers, water mains, gas mains or pipes, or other appropriate facilities for the use, whether immediate or future, of the owners or occupants of the land, or of the building abutting thereon. 2. Any development of a parcel of land involving two (2) or more principal structures or involving shopping centers, multiple dwelling projects and the like which require the installation of streets and/or alleys, even though the streets and alleys may be not dedicated to public use and the parcel may be divided for purposes of conveyance transfer or sale. 3. Any development of a parcel of land involving two (2) or more principal structures or involving shopping centers, multiple dwelling projects and the like which require the installation of streets and/or alleys, even thought the streets and alleys may not be dedicated to public use and the parcel may not be dedicated to public use and the parcel may not be divided for purposes of conveyance, transfer or sale. 4. The term "subdivision" includes resubdivision, and as appropriate in this ordinance, shall refer to the process of subdividing the land or to the land subdivided. Substantial damage.\ Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damaged occurred. Substantial improvement.\ Damage of any origin sustained by a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. For the purpose of floodplain management, the term does not, however, include either : 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; 2. Any alteration of a historic structure, provided that the alteration will not preclude the structure’s continued designation as historic structure; or 3. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined above, must comply with all ordinance requirements that do not preclude the structure’s continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure. Tower.\ Any structure that is intended for transmitting or receiving television, radio, telephone, digital, or other similar communications or is used to support a communication antenna or other similar device. Tract.\ See "lot." Traffic impact analysis (TIA).\ An analysis of the effect of traffic generated by a development on the capacity, operations, and safety of the public street and highway system. Tree, deciduous.\ Any tree which sheds its foliage during a particular season of the year. Tree, evergreen.\ Any tree which retains its foliage throughout the entire year. Tree, heritage.\ Any tree or shrub which has been designated by ordinance of the Isle of Wight County Board of Supervisors as having notable historic or cultural significance to any site or which has been so designated in accordance with an ordinance adopted pursuant to Section 15.2-503 of the Code of Virginia, as amended. Tree, mature.\ Any deciduous or evergreen tree with a minimum diameter of fourteen (14) inches when measured four and one-half (4½) feet above ground level. Tree, significant.\ Any deciduous or evergreen tree with a minimum diameter of twenty-two (22) inches when measured four and one-half (4½) feet above ground level. Trip generation.\ The number of trip ends caused, attracted, produced, or otherwise generated by a specific land use, activity, or development in accordance with the latest edition of the Trip Generation Manual, published by the Institute of Transportation Engineers. Use.\ The purpose or activity, for which a piece of land or its buildings is designed, arranged or intended, or for which it is occupied or maintained. Use, permitted.\ A use, which may be lawfully established in a particular district or districts, provided it conforms with all regulations, requirements, and standards of this ordinance. Utility facility.\ Any above or below ground structure or facility (other than buildings, unless such buildings are used as storage incidental to the operation of such structures or facilities) owned by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public utility for any purpose and used in connection with the production, generation, transmission, delivery, collection, or storage of water, sewage, electricity, gas oil, or electromagnetic signals. Variance.\ A waiver of the dimensional and numeric requirements of this ordinance approved by the board of zoning appeals in accordance with section 1- 1019 of this ordinance. Vehicle.\ See "motor vehicle." Vehicle moving area.\ Any area on a site where vehicles park or drive. Video arcade.\ See "commercial indoor amusement" listed under commercial use types. Violation.\ For the purpose of floodplain management, the failure of a structure or other development to be fully compliant with the community’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance as outlined in the Floodplain Management Overlay District regulations. Watercourse.\ Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash, in and including any area adjacent thereto which is subject to inundation by water. Wooded area.\ An area of contiguous wooded vegetation where trees are at a density of at least one (1) six-inch or greater diameter at breast height (DBH) tree per three hundred twenty-five (325) square feet of land and where the branches and leaves form a contiguous canopy. Xeriscaping.\ Site design and/or gardening techniques which may include the use of native and/or drought tolerant plants to create a landscape or environment which does not require any form of supplemental irrigation after twenty-four (24) months from the time of installation. Yard.\ An open space on the same lot with a building or structure, unoccupied and unobstructed from the ground up, except as otherwise permitted in this ordinance. Yard, corner side.\ A side yard adjoining a public or private street. Yard, front.\ A yard extending along the full width of the front lot line between the side lot lines and from the front lot line to the front building line in depth. Yard, interior side.\ A side yard, which is located immediately adjacent to another lot or to an alley separating such yard from another lot. Yard, rear.\ A yard extending along the full length of the lot and lying between the rear lot line and the nearest line of the building. Rear yard depth shall be measured at right angles to the rear line of the lot. Yard, side.\ A yard lying between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such front or rear yards, to the front or rear lot lines. Side yard width shall be measured at right angles to side lines of the lot. Zero lot line.\ The location of a structure on a lot in such a manner that one (1) of the structure's sides rest directly on a lot line. Zoning administrator.\ The person designated as the official responsible for enforcing and administering all requirements of the Isle of Wight County Zoning Ordinance, or his duly authorized designee. Zoning, base district.\ Those base underlying zoning districts other than special overlay districts set forth in article IV. Zoning, planned development district.\ Land area of minimum size, as specified by district regulations, to be planned and developed using a common master zoning plan, and containing one (1) or more uses and appurtenant common areas. Zoning, special overlay district.\ A district, which is placed over the existing base zoning and imposes additional restrictions and includes all those districts listed as special overlay zoning districts in article IV. Zoning, underlying district.\ See "zoning, base district." (7-7-05; 8-20-09; 11- 4-09; Ord. No. 2013-1-C, 4-18-13, 3-20-14, 6-19-14.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article VI, entitled “Overlay Districts”, Section 6-4000, entitled “Floodplain Management Overlay (FPMO) District of the Isle of Wight County Code be amended and reenacted as follows: Sec. 6-4000. - Floodplain Management Overlay (FPMO) District. Sec. 6-4001. - Purpose. This ordinance is adopted pursuant to the authority granted to localities by Virginia § 15.2-2280. The purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by: A. Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies. B. Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding. C. Requiring all those uses, activities, and developments that do occur in floodprone districts to be protected and/or floodproofed against flooding and flood damage. Furthermore, it is the intent of these regulations to ensure that all property owners within the county are eligible for participation in the National Flood Insurance Program and able to secure such insurance at nominal rates. (Ord. No. 2012-3-C, 2-16-12.) Section 6-4002.-Designation of the Floodplain Administrator The Zoning Administrator is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator. Section 6-4003.- Submitting technical data A community’s base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flood conditions, risk premium rates and floodplain management requirements will be based upon current data. Sec. 6-4004. - Applicability. A. The provisions of this article shall apply to the following areas: 1. Areas designated as being within the 100-year floodplain by the flood insurance study (FIS) prepared by the Federal Emergency Management Agency and as delineated on the flood insurance rate map (FIRM) for Isle of Wight County dated September 4, 2002, and any subsequent revisions or amendments thereto. A copy of the FIS and FIRM shall be filed in the department of planning and zoning and are hereby made part of this article. The Floodplain Management District (as identified in the FIS) is comprised of five subdistricts: the Floodway District, the Floodfringe District, the Approximated Floodplain District, the Coastal A Zone and the Coastal High Hazard Floodplain District. The description of these districts and corresponding zones are identified in the aforementioned FIS report. 2. Such other areas as may be determined by the zoning administrator to be essential to the alleviation of potential flood damage caused by the 100- year flood. Such determination shall be based on drainage and hydrology studies and amendment or revision of the FIRM shall be requested by the county. B. The Floodplain Management (FPM) District is an overlay to the existing underlying zoning district. Therefore, the uses, densities, lot configurations, setback requirements, height restrictions and accessory uses shall be determined by the underlying zoning district except as such regulations may be modified by application of the regulations in the FPM District. Where these regulations are at variance with other codes, ordinances and regulations, the most restrictive regulation shall apply. C. The delineation of the Floodplain Management District may be revised by Isle of Wight County where natural or manmade changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration. D. Initial interpretations of the boundaries of the Floodplain Management District shall be made by the zoning administrator. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit his own technical evidence if he so desires. (7- 7-05.) Sec. 6-4005. - Compliance and liability. A. No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered within the floodplain management district except in full compliance with the terms and provisions of this section. B. The degree of flood protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. This ordinance does not imply that areas and land uses outside the floodplain management district will be free from flooding or flood damages which may be caused by larger floods or increased flood heights. C. This article shall not create liability on the part of Isle of Wight County or any officer or employee thereof, for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. D. Records of actions associated with administering this ordinance shall be kept on file and maintained by the floodplain administrator. (7-7-05; Ord. No. 2012- 3-C, 2-16-12.) Sec. 6-4006.- Abrogation and Greater Restrictions This ordinance supersedes any ordinance currently in effect in flood-prone districts. Any ordinance, however, shall remain in full force and effect to the extent that its provisions are more restrictive. Sec. 6-4007. - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this article shall be declared invalid for any reason, such decision shall not affect the remaining portions of this article. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this article are hereby declared to be severable. (7-7-05.) Sec. 6-4008. – Penalty for Violation. Any person who fails to comply with any of the requirements or provisions of this article or directions of the Floodplain Administrator or any authorized employee of Isle of Wight County shall be guilty of the appropriate violation and subject to the penalties therefore. The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115. Violations and associated penalties of the Zoning Ordinance of Isle of Wight County are addressed in Section 1-1013 of the Zoning Ordinance. In addition to the penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by Isle of Wight County to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article. Sec. 6-4009. - Permit required. All uses, activities, and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this ordinance and with all other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC) and the Isle of Wight County Subdivision Ordinance. Prior to the issuance of any such permit, the Floodplain Administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. Sec. 6-4010. - Use regulations. Permitted uses, special permit uses, accessory uses, dimensional standards, and special requirements shall be as established by the underlying zoning district, except as specifically modified herein. A. The following uses shall be specifically prohibited within the floodplain management district: 1. Landfills, junkyards, outdoor storage of inoperative vehicles; 2. Surface mines/borrow pits; 3. Manufacture, bulk storage, transformation or distribution of petroleum, chemical or asphalt products or any hazardous materials as defined in either or both of the following: a. Superfund Amendment and Reauthorization Act of 1986. b. Identification and Listing of Hazardous Wastes, 40 C.F.R. (Code of Federal Regulations) Section 261 (1987). c. The following products shall be specifically included: i. Oil and oil products including petrochemicals; ii. Radioactive materials; iii. Any materials transported or stored in large commercial quantities (such as fifty-five-gallon drums) which is a very soluble acid or base, causes abnormal growth of an organ or organism, or is highly biodegradable, exerting a strong oxygen demand; iv. Biologically accumulative poisons; v. Substances containing the active ingredients or economic poisons that are or were ever registered in accordance with the provisions of the Federal Insecticide, Fungicide, and Rodeticide Act, as amended (7 USC 135 et seq.); vi. Substances highly lethal to mammalian or aquatic life; 4. Storage or land application of industrial wastes; 5. Outdoor storage of equipment, materials, or supplies which are buoyant, flammable, or explosive; 6. Swimming pools or any other habitable use when the area beneath the elevated building is enclosed with walls of any type such as solid nonbreakaway, solid breakaway, or lattice-screen, or when the area beneath the elevated building is not enclosed and a swimming pool or any other obstruction is above natural grade; or 7. Commercial feedlots, as described in section 3-2000 B. The following activities may occur below the level of the 100-year flood elevation if administered in accordance with section 6-4013 of this article: 1. Nonstructural agricultural activities providing that any storage or stockpiling of manure shall be elevated to a level no less than two (2) feet above the elevation of the 100-year flood. 2. Outdoor recreational uses including park areas, golf courses, tennis courts, and basketball courts. 3. Swimming pools or any other nonhabitable use located below elevated buildings when the area beneath the elevated building is not enclosed and the pool or other potential obstruction is flush with the natural grade provided that a licensed surveyor or engineer certifies that the swimming pool or other potential obstruction will not be subject to breaking up or floating out of ground and affecting the piles or columns of the elevated building. Furthermore, the swimming pool shall meet the same anchoring requirements as the support system of the elevated building and the area beneath the elevated building shall never be enclosed with walls or any type. 4. Functionally dependent uses such as docks, piers and wharves. 5. Access roads and parking areas for [subsections] 1. through 4. above. C. In addition to the prohibited uses in subsection 6-4010.A., the following restrictions shall apply to areas in the floodway: 1. No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted in the floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the 100-year flood elevation. 2. Existing nonconforming structures within the floodway may not be expanded; however, they may be repaired, altered or modified to incorporate floodproofing measures, provided such measures do not raise the level of the 100-year flood. (7-7-05; Ord. No. 2012-3-C, 2-16- 12.) Sec. 6-4011. - General provisions. A. No construction or improvement within the Floodplain Management District shall obstruct or unduly restrict any channel, whether or not such channel lies within a designated floodway. B. Watercourses shall not be altered or relocated except upon the presentation of data, certified by a licensed engineer, that the flood-carrying capacity of such a modified watercourse will be at least equal to that prior to modification. Evidence of all necessary permits or approvals for the Federal Insurance Administrator, the U.S. Army Corps of Engineers, the Virginia Marine Resources Commission, and the Virginia Department Environmental Quality shall be required prior to such modification. C. The Floodplain Administrator shall notify adjacent localities of watercourse alterations or relocations. D. Adequate drainage shall be provided to reduce exposure to flood hazards. All storm drainage facilities shall be designed to convey the flow of surface waters away from buildings and on-site waste disposal sites and prevent the discharge of excess runoff onto adjacent properties in order to avoid damage to persons or property. (7-7-05.) Sec. 6-4012. - Special standards and requirements. A. Standards for subdivision plats and site plans. ..... Preliminary plans, development plans and final subdivision plats of all properties, all or part of which are located within any floodplain management district, must be prepared and sealed by a licensed surveyor or engineer. All proposals shall be consistent with the need to minimize flood damage. The following information, in addition to that which would otherwise be required, shall be provided on the respective plan. 1. The 100-year flood boundary, as depicted on the FIRM and the flood hazard zone classification(s) shall be depicted on preliminary plans, development plans, and final plats. 2. Development plans shall provide topographical information for the site at a maximum contour interval of two (2) feet, provided however that a one- foot contour interval for one (1) foot lesser and one (1) foot greater than the 100-year flood boundary shall be shown. 3. The elevation of the finished surface of the ground at each comer of each existing building located within any flood hazard zone shall be shown on development plans and final plats. 4. The elevation of the lowest floor including basement shall be shown on development plans for new construction or final plats of property with existing structures. 5. For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed and certified floodproofed. 6. In "VE" zones, the elevation (in N.G.V.D.) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns). 7. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. 8. Base flood elevation data obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in the Flood Insurance Study for subdivision developments and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever is the lesser, shall be shown. B. Standards for utilities. .....All new or replacement utilities, water filtration, and wastewater treatment facilities, installed in the floodplain management district shall be designed to prevent the infiltration of floodwaters into or discharge from said utilities and constructed to minimize the potential for flood damage. Where private waste disposal systems are to be installed or replaced, they shall be installed so that they will not be permanently contaminated or impaired by a base flood. C. Standards for streets and roads. ..... Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood height. D. Standards for filling of floodplain areas. 1. Where fill within the floodplain management district is proposed, the following minimum standards shall apply: a. Prior to any fill, the floodway must be determined and no fill shall cause the adjacent base flood elevation to increase more than one foot. b. Fill areas shall extend laterally a minimum of fifteen (15) feet beyond building lines from all points. c. Fill material shall consist only of soil and small rock materials (must pass through a three-inch opening ASTM standard sieve). Organic materials, such as tree stumps, asphalt, and rubble, shall be prohibited. d. Fill areas shall be graded to a finished slope of no steeper than one (1) vertical to three (3) horizontal, unless substantiated data, certified by a licensed engineer, which justifies steeper slopes, is submitted to and approved by the zoning administrator. e. The zoning administrator shall impose any additional standards deemed necessary to ensure the safety of the community and properties from additional flood hazard potentials caused by filling within the floodplain management district. 2. Filling or any other encroachment into a regulatory or other designated floodway which, as determined by the zoning administrator, in any way impairs its flood conveyance shall be prohibited. 3. Filling or any other encroachment into any channel within the floodplain management district which would, as determined by the zoning administrator, obstruct or unduly restrict water flows through said channel and, in so doing, increase the potential for flood damage, shall be prohibited whether or not such channel lies within the regulatory or other designated floodway. 4. The filling of any portion of property solely to increase the elevation of the land to meet minimum lot area requirements and thereby create a buildable lot for residential construction within the floodplain management district shall be prohibited. 5. These standards may be individually waived by the zoning administrator, upon the recommendation of the Isle of Wight County Wetlands Board for approved parks, recreation facilities, shoreline erosion control and beach maintenance projects where sufficient data is presented justifying the project and where it is demonstrated that such actions will not increase flood levels on any properties. E. Construction standards for properties in zone A. 1. All new construction and substantial improvements in zone A must comply with all standards applicable to zone AE contained in this section and the floodplain construction provisions of the Virginia Uniform Statewide Building Code. In addition, the owner and/or developer of such property shall provide to the zoning administrator sufficiently detailed hydrologic and hydraulic analyses, certified by a licensed engineer, to determine state and other acceptable sources. F. Construction standards for properties in zone AE. .....All new construction and substantial improvements in the floodplain management district shall occur in accordance with the applicable floodplain construction provisions for zone AE contained in the Virginia Uniform Statewide Building Code. The zoning administrator shall satisfy himself that all applicable provisions have been complied with prior to issuing building permits or temporary or permanent certificates of occupancy. In addition, the following standards shall apply: 1. All new and replacement electrical equipment, and heating, ventilating, air conditioning and other service facilities shall be installed at least one and one-half (1½) feet above the base flood elevation or otherwise designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding. 2. All electrical distribution panels shall be installed at least three (3) feet above the base flood elevation or otherwise designed and located so as to prevent inundation. 3. In all cases, elevation of the lowest floor of the structure, including basements, to at least one and one-half (1½) feet above the base flood elevation or, in the case of nonresidential structures, floodproofing to at least that level. All new and substantially improved structures shall be constructed according to the VA USBC, and anchored to prevent flotation, collapse or lateral movement of the structure. The lowest floor elevation of any new residential structure, including basements, constructed within a flood plain area shall be at least one and one-half (1½) feet above based flood elevation. The lowest floor elevation of any new nonresidential structure constructed within a floodplain area shall be at least one (1) foot above base flood elevation, unless such structure is floodproofed. In addition, no existing structure shall be modified, expanded or enlarged unless the new construction complies with this standard. 4. Manufactured homes that are placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home elevated a least one and one-half (1½) feet base flood level and be securely anchored to an adequately anchored foundation system to resist floatation, collapse and lateral movement. 5. Recreational vehicles placed on sites shall either: a. Be on the site for fewer than one hundred eighty (180) consecutive days, be fully licensed and ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and has no permanently attached additions.; or meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes in subsection F.4. of this section. 6. New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 7. New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage. 8. New development shall not be permitted unless it is demonstrated that the cumulative effect of all past and projected development will not increase the base flood elevation by more than one (1) foot. 9. For floodproofed non-residential structures, a licensed professional engineer or architect must certify the structure has been floodproofed. 10. Where base flood elevation data has been utilized and obtained, as required by this ordinance, the Floodplain Administrator shall obtain, record, and maintain the actual finished construction elevations of the lowest floor and flood proofing elevations. This information shall be recorded on a current FEMA Elevation Certificate signed and sealed by a professional licensed land surveyor. 11. Fully enclosed areas of new construction or substantially improved structures, which are below regulatory flood protection elevation shall: a. not be designed or used for human habitation, but shall only be used for parking of vehicles, building access or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator); b. be constructed entirely of flood resistant materials below the regulatory floor protection elevation; c. include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria: i. Provide a minimum of two openings on different sides of each enclosed area subject to flooding. ii. The total net area of all openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding. iii. If a building has more than one enclosed area, each area must have openings to allow floodwater to automatically enter and exit. iv.The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade v Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions. vi. Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above. G. Construction standards for properties in coastal A zones. ..... All new construction and substantial improvements in coastal A zones of the floodplain management area shall comply with the provisions of the AE zone as set forth in Section 6-4012.F. H. Construction standards for properties in coastal high hazard area. ..... All new construction and substantial improvements in the V-zones of the floodplain management area shall occur in accordance with the applicable floodplain construction provisions contained in the Virginia Uniform Statewide Building Code. The zoning administrator shall satisfy himself that all applicable provisions have been complied with prior to issuing building permits or temporary or permanent certificates of occupancy. In addition, the following standards shall apply: 1. All new construction shall be located landward of the reach of mean high tide. 2. There shall be no fill used as structural support. 3. There shall be no alteration of sand dunes, watercourses or banks, which would increase potential flood damage. 4. Within V-zones on the flood insurance rate map, obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures. 5. All new construction and substantial improvements elevated on pilings and columns must have the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) elevated at least one and one half (1 1/2) feet above the base flood level and the pile or column foundation and structure attached thereto must be anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water- loading values used shall be those associated with the base flood. Wind- loading values used shall be those required by applicable state or local building standards. A registered professional engineer or architect shall develop or review the structural design and methods of construction and shall certify that design and methods of construction to be used are in accordance with accepted standards. 6. Provide that all new construction and substantial improvements, within zones VE, V1-30 and V on the community's FIRM, have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls which exceed a design safe-loading resistance of twenty (20) pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: a. The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Water-loading values used shall be those associated with the base flood. b. Wind-loading values used shall be those required by applicable state or local building standards. Such enclosed space shall be usable solely for parking of vehicles, building access or storage. 7. All recreational vehicles placed in V-zones shall be: a. On site for fewer than one hundred eighty (180) consecutive days; and b. Be fully licensed and ready for highway use; or c. Meet the same standards as for conventional housing in V-zones. 8. All new and replacement electrical equipment, and heating, ventilating, air conditioning and other service facilities shall be installed at least three (3) feet above the base flood elevation or otherwise designed and located so as to prevent water from entering or accumulating within the system. 9. All electrical distribution panels shall be installed at least three(3) feet above the base flood elevation or otherwise located so as to prevent inundation. 10. In all cases, elevation of the lowest horizontal structural member of the lowest floor of the structure, excluding pilings or columns, to at least one and one half (1 1/2) feet above the base flood elevation and may result in a reduction of flood insurance premiums. (7-7-05; Ord. No. 2012-3-C, 2-16- 12.) 11. Manufactured homes that are placed or substantially improved on sites shall meet the same standards as conventional housing in V-zones. Sec. 6-4013. - Variances. A. In acting upon application for variances from the provisions of this article, in addition to the requirements elsewhere set forth in this ordinance, the board of zoning appeals shall consider the following additional factors: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway that will cause any increase in the 100-year flood elevation; 2. The danger that materials may be swept on to other lands or downstream to the injury of others; 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions; 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners; 5. The importance of the services provided by the proposed facility to the community; 6. The requirements of the facility for a waterfront location; 7. The availability of alternative locations not subject to flooding for the proposed use; 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; 9. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area; 10. The safety of access by ordinary and emergency vehicles to the property in time of flood; 11. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; 12. The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structures continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure; 13. Such other factors which are relevant to the purpose of this ordinance. B. The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters, at the expense of the applicant. C. Variances shall be issued only after the board of zoning appeals has determined that the granting of such will not result in: 1. Prohibited increases in the height of the floodway; 2. Additional threats to public safety; 3. Extraordinary public expense and will not create nuisances; 4. Cause fraud or victimization of the public; or 5. Conflict with local laws or ordinances. Variances shall be issued only after the board of zoning appeals has determined that variance will be the minimum required to provide relief from an undue hardship to the applicant. The board of zoning appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the 100- year flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance. A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator. (7-7-05; Ord. No. 2012-3-C, 2-16-12.) Sec. 6-4014. - Existing structures in Floodplain Management District. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions: A. Existing structures in the floodway shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed expansion would not result in any increase in the 100-year flood elevation. B. Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any flood plain area to an extent or amount of less than fifty (50) percent of its market value shall conform to the Virginia Uniform Statewide Building Code. C. The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a flood plain area to an extent or amount of fifty (50) percent or more of its market value shall be undertaken only in full compliance with this ordinance and shall require the entire structure to conform to the Virginia Uniform Statewide Building Code. (7-7-05; Ord. No. 2012-3-C, 2-16-12.) Adopted this 21st day of August, 2014. ______________________________________ Byron B. Bailey Chairman of the Board of Supervisors Attest: _________________________________ Carey Mills Storm, Clerk Approved as to Form: _________________________________ Mark Popovich County Attorney     August 21, 2014/MCP/PUBLIC HEARING – Ordinance to Amend and Reenact Chapter 15, Art. V, Sec. 15-19 ISSUE: Public Hearing - An Ordinance to Amend and Reenact Chapter 15, Article V, Section 15-19, Exoneration or Refund of Taxes - Generally BACKGROUND: At its regular meeting on October 17, 1996, the Board enacted Section 15-19 of the Isle of Wight County Code to provide for the correction and/or refund of erroneously assessed taxes pursuant to Section 58.1-3981 of the Code of Virginia (1950, as amended). The language of Section 15-19, however, incorrectly interpreted the provisions of Section 58.1-3981 by mixing the two (2) options provided for under the Code of Virginia. Specifically, rather than allowing for all taxes paid into the treasury to be refunded with the certification of the Commissioner of the Revenue and the County Attorney or granting authority to the Treasurer to refund such overpayments, up to a limit of $2,500, the adopted ordinance calls for approval of refunds with certification by the Commissioner and County Attorney up to maximum of $2,500 after which Board approval is required. This has created an undue administrative burden that is not necessary and a process that slows the process of providing refunds to Isle of Wight County citizens who are owed their money back. BUDGETARY IMPACT: None RECOMMENDATION: Authorize the Chairman to execute the Ordinance as presented. ATTACHMENTS:  Proposed Ordinance  Email communication from Commissioner of the Revenue   AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 15. TAXATION. ARTICLE V. CORRECTION OF ASSESSMENTS AND REFUNDS. SECTION 15-19. EXONERATION OR REFUND OF TAXES – GENERALLY. WHEREAS, on October 17, 1996, the Isle of Wight County Board of Supervisors enacted Section 15-19 to the Isle of Wight County Code to provide for the correction and/or refund of erroneously assessed taxes pursuant to Section 58.1-3981 of the Code of Virginia (1950, as amended); and WHEREAS, Section 58.1-3981 allows for the correction of erroneous assessments through the certification by the Commissioner of the Revenue and the County Attorney or by approval of the Treasurer, for amounts not to exceed $2,500; and WHEREAS, Section 15-19, as enacted, has placed an unnecessary restriction on the correction of tax assessments by only allowing the Commissioner of the Revenue and County Attorney to certify the need for a correction up to $2,500, after which the Isle of Wight County Board of Supervisors must approve such refunds; and WHEREAS, the Isle of Wight County Board of Supervisors now deems it to be in the best interest of the citizens of Isle of Wight County to streamline this process as authorized by Section 58.1-3981 of the Code of Virginia (1950, as amended) to allow for all correction of erroneous tax assessments, irrespective of the amount, to be authority with the certification of the Commissioner of the Revenue and County Attorney, without any further need for review by the Board of Supervisors. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 15. Taxation. Article V. Correction of Erroneous Assessments and Refunds. Section 15-19. Exoneration or Refund of Taxes - Generally of the Isle of Wight County Code be amended and reenacted as follows: Sec. 15-19. Exoneration or Refund of Taxes - Generally. If the assessment exceeds the proper amount and has not been paid into the treasury of the County, the Commissioner of the Revenue shall exonerate the applicant from the payment of so much as is erroneously charged. If the taxes have been paid into the treasury of the County, the county treasurer shall refund to the applicant the amount erroneously paid, with interest, upon certification from the Commissioner of the Revenue and the County Attorney that such assessment was erroneous. Said approval by the County Attorney will not be required when the amount of the erroneous assessment does not exceed One Thousand Dollars ($1,000.00). In the event that the erroneous assessment exceeds the sum of One Thousand Dollars ($1,000.00), the Commissioner of the Revenue shall provide the Board of Supervisors with appropriate notification of such refund. (11- 5-87; 10-17-96; 8-21-14.) 2 For state law as to authority of the County to correct erroneous tax assessments, see Code of Va., § 58.1-3981. Adopted this _____ day of ______________________, 2014. Byron B. Bailey, Chairman Board of Supervisors Attest: Carey Mills Storm, Clerk Approved as to Form: Mark C. Popovich County Attorney   August 21, 2014/cbm/Ordinance to Amend County Code – Motor Vehicle License Tax ISSUE: Public Hearing – Ordinance to Amend and Reenact the Isle of Wight County Code by amending and reenacting Chapter 11, Motor Vehicles and Traffic, Article 2, Motor Vehicle Licenses, Sections 11-4 Tax Year and 11-6, Amount of Tax – Generally BACKGROUND: The adopted FY 2014-2015 Operating and Capital Budget provided for a motor vehicle license tax of $33, up from $30, for all motor vehicles other than motorcycles and those with qualifying license plates (farm use, farm truck, National Guard, and/or other vehicles that may qualify for free local licenses as prescribed by Chapter 11, Article 2, Section 11- 6 of the County Code). The increase in the motor vehicle license tax rate requires an amendment to the County Code of Ordinances in order to align the County Code with the adopted budget. Additionally, it is recommended that references to “fees” denoted in Section 11-4, Tax Year, be amended to “tax” for purposes of consistency. BUDGETARY IMPACT: None RECOMMENDATION: Authorize the Chairman to execute the Ordinance as presented. ATTACHMENTS:  Ordinance  Public Hearing Notice   ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 11, MOTOR VEHICLES AND TRAFFIC, ARTICLE 2, MOTOR VEHICLE LICENSES, SECTIONS 11-4 TAX YEAR AND 11-6 AMOUNT OF TAX – GENERALLY WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia has adopted the Fiscal Year 2014-2015 Operating & Capital Budget; and, WHEREAS, the adopted Fiscal Year 2014-2015 Operating & Capital Budget provides for a vehicle license tax of $33 for all motor vehicles except motorcycles and motorbikes of similar design, vehicles with National Guard land farm truck, or farm use license plates, and other motor vehicles that may qualify for free local licenses as prescribed in Chapter 11, Article 2, Section 11-6 of the Isle of Wight County Code; and, WHEREAS, certain references to “fees” should be amended to “tax” in order to maintain consistency within Chapter 11, Article 2, Section 11-4. NOW, THEREFORE, BE IT ORDAINED, that the Board of Supervisors of the County of Isle of Wight, Virginia that Chapter 11, Article 2, Sections 11-4 and 11-6 of the Isle of Wight County Code are amended and reenacted as follows: Sec. 11-4. Tax year (a) After a motor vehicle has been assessed for personal property tax purposes by the Commissioner of the Revenue, or registered with and assessed by the Commissioner of Revenue for personal property tax purposes, the County Treasurer shall mail to the taxpayer a bill for the license fee tax for the current and subsequent year. The license fee tax shall be listed as a separate item on each year's annual personal property tax bill and shall be due on or before December 5 or as indicated on the tax bill. (b) Upon payment of the license fee prescribed by this article and compliance with all other applicable provisions of this article, the County Treasurer shall mark the records to indicate that the license fee tax has been paid for the taxpayer's vehicle for which the license fee tax was charged. Sec. 11-6. Amount of tax—Generally A license tax of eighteen dollars for each license tax year, as hereinafter provided for, is hereby imposed on each and every motorcycle, motor scooter, motorbike or other motor vehicle of like design or similar thereto to which this article is applicable, and a license tax of thirty-three dollars for each license tax year, as hereinafter provided for, is hereby imposed on each and every other kind and type of motor vehicle to which this article is applicable. A license tax of ten dollars for each license year, as hereinafter provided for, is hereby imposed on the following: each National Guard license plate with "NG" and each farm truck license plate with an "F". Vehicles with "Farm Use" license plates are not subject to a license fee. Adopted this 21th of August 2014. Byron B. Bailey, Chairman Carey Mills Storm, Clerk Approved as to form: __________________________ Mark Popovich, County Attorney PUBLIC HEARING NOTICE Notice is hereby given pursuant to Section 15.2-1427 of the Code of Virginia (1950, as amended) that the Isle of Wight County Board of Supervisors will hold a Public Hearing on Thursday, August 21, 2014 to consider the following: An ordinance to amend and reenact the Isle of Wight County Code by amending and reenacting Chapter 11, Article 2, Sections 11-4 and 11-6 to provide for a change in the vehicle license tax from $30 to $33 for each license tax year, as approved in the Fiscal Year 2014-2015 Operating & Capital Budget. A copy of the proposed ordinance is on file in the County Administrator’s Office at the Isle of Wight County Courthouse Complex, Isle of Wight, Virginia, and is available for public examination. Any person desiring to be heard in favor of, in opposition to, or to express his or her views with respect to the proposed ordinance may appear before and be heard by said Board of Supervisors during the Public Hearing to be held in the Robert C. Claud, Sr. Board Room at the Isle of Wight County Courthouse Complex on Thursday, August 21, 2014. The public meeting is scheduled to start at 6:00 p.m. The County of Isle of Wight is in compliance with the Americans with Disabilities Act of 1990. If you will require an accommodation or sign language interpreter to participate in the meeting, reasonable accommodations can be made upon request. Please make requests to the Clerk of the Board of Supervisors at least five (5) days in advance of the meeting at (757) 365-6204.   August 21, 2014/MCP/COUNTY ATTY - Revised Social Services Board By-Laws ISSUE: Motion to Approve Revised Social Services By-Laws BACKGROUND: The Isle of Wight County Social Services Board was created by the Board of Supervisors in accordance with Section 63.2-300 et seq. of the Code of Virginia (1950, as amended). As originally created, one member of the Board of Supervisors was appointed as a member of the Social Services Board in compliance with Section 63.2-302 of the Code of Virginia (1950, as amended). Supervisor Casteen, as the Board appointed member to the Social Services Board, has expressed his view that the members of the Social Services Board should only be made up of citizens of the County, one from each election district, with any Board appointee acting solely as a liaison. With Supervisor Casteen’s recent appointment of a citizen from the Smithfield District, the by-laws of the Social Services Board are required to be amended to properly effectuate the change requested by Supervisor Casteen. BUDGETARY IMPACT: None RECOMMENDATION: Authorize the Chairman to execute the Social Services Board By- Laws as presented. ATTACHMENTS: Proposed Social Services Board By-Laws   August 21, 2014/MCP/COUNTY ATTY - Code Enforcement Policy ISSUE: Motion to Adopt Revisions to Chapter 3, Article VIII, Code Enforcement Policy BACKGROUND: On April 21, 2005, the Isle of Wight County Board of Supervisors adopted the Code Enforcement Policy in order to set up a standard procedure for the enforcement of County Code violations. Staff, in consultation with the County Attorney, have determined that the policy, as currently written, is overly burdensome as it relates to the enforcement of Code violations. In fact, it has been determined that compliance with the policy, as currently written, provides a loophole through which violators may escape prosecution by exercising a basic statute of limitations defense for failure to prosecute within one year. As such, staff recommends the Code Enforcement Policy be revised to streamline the process and ensure proper compliance with the Isle of Wight County Code. BUDGETARY IMPACT: None RECOMMENDATION: Approve the revisions to Chapter 3, Article VIII of the County Policy Manual as presented. ATTACHMENTS: Revised Code Enforcement Policy   Chapter 3: Community and Econ. Development Page 1 2/20/2014 Chapter 3: Community and Economic Development ARTICLE VIII Code Enforcement Policy (Adopted April 21, 2005; RevisedTBDAugust 21, 2014) Section 8.0 General Principles The Code Enforcement Policy contains the procedures to be followed in the enforcement of code violations and other violations dealing with land use. The establishment of this policy is deemed necessary to ensure fairness and consistency in administering the code enforcement provisions of the Isle of Wight County Code. Section 8.1 Administration The Zoning Administrator (under the supervision of the Assistant County Administrator) shall be responsible for administering the Code Enforcement Policy and maintaining a fair and consistent process for code related violations. The Codes Enforcement Officer(s) is responsible for the day-to-day application and enforcement of the policy. A database shall be established to track the history of code violations on individual properties. Section 8.2 Applicability The following types of violations shall be governed by the provisions of the Code Enforcement Policy and are grouped according to the severity of the type of offense: Chapter 3: Community and Econ. Development Page 2 2/20/2014 Type I Offenses: o Garbage, Weeds and Litter o Abandoned and Inoperative Motor Vehicles o Miscellaneous Zoning Violations, including Junk Yard, Garbage Dump, Rubble and Sanitary Landfill, Wetlands, Chesapeake Bay Preservation Area o Violations of Imminent Threat to Health and Safety Type II Offenses: o Wetlands, Chesapeake Bay and Erosion and Sediment Control Violations o Junk Yard, Garbage Dump, Rubble and Sanitary Landfill Type III Offenses: o Violations of Imminent Threat to Health and Safety Section 8.3 Method for Discovery of Violations The discovery of violations may be reported by the following methods: a. Written or Vverbal Ccorrespondence is an acceptable means of receiving a complaint of possible violation. The complaint may be made by written correspondence, by telephone communication, or in person. A complainant is not required to disclose his or her name when reporting a possible violation. Formatted: List Paragraph, Left, No bullets or numbering,Tab stops: Not at 1" Chapter 3: Community and Econ. Development Page 3 2/20/2014 b. Field Oobservation is another acceptable means of receiving a complaint of possible violation. Any member of the County staff or elected or appointed office may observe a complaint while in the field and relay the possible violation to the Codes Enforcement Officer for investigation. c. The Codes Enforcement Officer shall maintain a record of all complaints, including the date, time, property identification, and method of discovery. Section 8.4 Required Procedures for Investigating a Complaint of Violation a. Desk Rresearch to be completed: The complaint must be logged on a form designated by the Zoning Administrator and approved by the County Attorney for use under the Code Enforcement Policy. All information must be completed, and the required desk research completed in an attempt to assess the validity of the complaint prior to the conducting an initial field inspection. b. Initial Ffield Iinspection: An initial field inspection shall be conducted prior to sending written correspondence regarding the complaint. The Code Enforcement Officer shall attempt to make personal contact with the property owner while conducting the initial field inspection. If the complaint does not involve an imminent threat to health or safety, the Code Enforcement Officer shall attempt to inform the property owner by telephone of the anticipated date and time of the field inspection so that the property owner may be present if he wishes. If the Code Enforcement Officer is unable to make contact with the property owner after making two separate attempts to call the property owner on different days, the Codes Enforcement Officer may proceed with the field inspection. Formatted: Indent: Left: 0.5" Chapter 3: Community and Econ. Development Page 4 2/20/2014 1. If, during the field inspection, it is determined that the property owner is not present on the property, a door hanger or similar notification shall be left in the most visible location possible to advise the property owner or occupant to contact the Codes Enforcement Officer with regard to the violation. 2. If, during the field investigation, it is determined that the property is vacant, a first notice shall be forwarded in accordance with the provisions of this policy. c. First Written Nnotice(s): If, after the initial field inspection is conducted, the complaint is determined to be valid, a writtenfirst notice shall be forwarded the appropriate responsible party in accordance with the provisions of this policy. Should a determination be made that the violation may also be in violation of regulations of another department and/or State or federal agency, based upon the knowledge of the Codes Enforcement Officer, notification of such referral shall be included in the first written notice in accordance with subsection (d) below. c. d. Notification to Other Departments and/or External Agencies: If the violation is deemed to be solely under the jurisdiction of another department and/or external State or federal agency, a written notice shall be forwarded to the agency with jurisdiction over the violation. The property owner shall also be notified that the determination of violation may involve another agency’s jurisdiction. e. Active File Maintenance: A file shall be maintained on all active violations and shall include: o Copy of the completed complaint form; o Documentation of all verbal and written communication; Formatted: Indent: Left: 0.5", First line: 0" Formatted: No bullets or numbering, Tab stops: Not at 0.56" Chapter 3: Community and Econ. Development Page 5 2/20/2014 o Photographs (date stamped) of the violation; o Field inspection notes, including the date of the inspection and whether initial contact was made with the property owner; and o Relevant legal documents. Section 8.5 Method for Processing Violations a. Type I Offenses Following the initial field inspection and a determination that a violation exists, the following steps shall be undertaken in processing a Type I Offense until the violation is resolved: 1. First Written nNotice of written correspondence shall be forwarded to the property owner of record in the County Real Estate Office by regular mail. The first written notice shall include the nature of the violation, the date of the initial inspection, the required corrective action (including any options providing resolution under the provisions of the appropriate Code and/or Ordinance), the time allowed for resolution of the complaint and date of expiration, which shall be no more than seven (7)typically fifteen (15) working days following the time allowed for resolution, as determined by the Code Enforcement Officer, and notification of referrals to other departments and external agencies. In no event shall such time allowed for resolution be longer than thirty (30) days. 2. After the time period for correction of the violation has lapsed, a follow-up inspection shall be conducted and should include an attempt to make personal contact with the property owner to verify compliance and/or reasons for noncompliance. a. The Code Enforcement Officer shall conduct a second inspection once the time allowed in the first notice has expired, allowing for reasonable time for delivery of the notice. Chapter 3: Community and Econ. Development Page 6 2/20/2014 b. On a case-by-case basis, the Codes Enforcement Officer may allow for a reasonable extension of time, if it is determined that significant progress has been made, or should the property owner represent circumstances that would warrant such extension. Written documentation shall be placed in the file noting the reason the time extension is being granted and the amount of additional time that is being allowed to correct the violation. 3. If compliance has not been achieved within the originally designated time or any reasonable extension thereto, a second written notice shall be sent by regular mail, advising the property owner of the County’s intent to exercise its authority to correct the violation if compliance is not achieved within seven (7) working days. 4. If compliance is not achieved under the terms set forth in the second written notice, a third notice shall be forwarded by certified mail setting forth the steps the County proposes in exercising its authority to correct the violation, and shall be in accordance with the following procedures:legal action shall be commenced with the approval of the Zoning Administrator and County Attorney. If legal action is approved, such action shall be commenced no later than six (6) months from the original date of the violation. 4.5. The procedures set forth herein may be modified, at the discretion of the Zoning Administrator, in consultation with the County Attorney, based upon the severity and/or threat of harm to the general public the violation imposes. a. Garbage, Weeds and Litter Violations i. The County shall retain contracted services to resolve the violation and bill the property owner for the cost of the services. ii. The property owner shall receive two (2) invoices allowing thirty (30) days each for payment of the invoice. Formatted: List Paragraph, Left, No bullets or numbering,Tab stops: Not at 1" Chapter 3: Community and Econ. Development Page 7 2/20/2014 iii. If payment is not received within thirty (30) days after the second invoice, collection of payment in accordance with provisions of law, subject to the approval of the County Attorney: . A lien shall be placed against the property on which the violation occurred, and shall include collection fees. . If the property is sold before payment is collected, a garnishment or levy shall be sought to satisfy payment and shall include collection fees. . Legal action shall not take place without prior approval of the County Attorney. b. Abandoned and Inoperable Vehicle Violations: The County shall retain contracted services to remove the abandoned and/or inoperable vehicle for disposal at a licensed salvage yard. This service shall be at no cost to the County, unless otherwise approved by the Board of Supervisors. c. Miscellaneous Zoning Violations: a. The property owner shall be re-advised of the options specified under the Zoning Ordinance that may provide for resolution of the violation, and shall be given ten (10) working days to file the required application. b. If the property owner fails to file the required application, fails to follow through with the application process, or the application is denied, the Code Enforcement Officer shall take appropriate legal action in accordance with provisions of law, subject to the approval of the County Attorney. If the application is denied, the Code Enforcement Officer shall allow seven (7) working days for the Formatted: Indent: Left: 1" Chapter 3: Community and Econ. Development Page 8 2/20/2014 property owner to correct the violation before filing proceedings with legal action. A reasonable extension of time may be granted if it is determined that significant progress has been made, or should the property owner represent circumstances that would warrant such extension. Written documentation shall be placed in the file noting the reason the time extension is being granted and the amount of additional time that is being allowed to correct the violation. iii. A fourth written notice shall be forwarded by certified mail advising the property owner that the legal action has been taken. iv. Legal action shall not take place without prior approval from the County Attorney. b. Type II Offenses Following the initial field inspection and a determination that a violation exists, the following steps shall be undertaken in processing a Type II Offense until the violation is resolved: 1. First Notice of written correspondence shall be forwarded to the property owner of record in the County Real Estate Office. The first written notice shall include the nature of the violation, the date of the initial inspection, the required corrective action (including any options providing resolution under the provisions of the appropriate Code and/or Ordinance), the time allowed for resolution of the complaint and date of expiration, typically fifteen (15) working days as determined by the Code Enforcement Officer, and notification of referrals to other departments and external agencies. 2. After the time period for correction of the violation has lapsed, a follow-up inspection shall be conducted and should include an attempt to make personal contact with the property owner to verify compliance and/or reasons for noncompliance. Chapter 3: Community and Econ. Development Page 9 2/20/2014 a. The Code Enforcement Officer shall conduct a second inspection once the time allowed in the first notice has expired, allowing for reasonable time for delivery of the notice. b. On a case-by-case, the Code Enforcement Officer may allow for a reasonable extension of time, if it is determined that significant progress has been made, or should the property owner represent circumstances that would warrant such extension. Written documentation shall be placed in the file noting the reason the time extension is being granted and the amount of additional time that is being allowed to correct the violation. 3. If compliance has not been achieved, a second notice shall be forwarded by regular mail, advising the property owner of the County’s intent to exercise its authority to correct the violation if compliance is not achieved within seven (7) working days. 4. If compliance is not achieved under the terms set forth in the second notice, a third notice shall be forwarded by certified mail setting forth the steps the County proposes in exercising its authority to correct the violation, and shall be in accordance with the following procedures: a. The property owner shall be re-advised of the options specified under the appropriate ordinance that may provide for resolution of the violation, and shall be given ten (10) working days to file the required application. b. If the property owner fails to file the required application, fails to follow through with the application process, or the application is denied, the Code Enforcement Officer shall take appropriate legal action in accordance with provisions of law, subject to the approval of the County Attorney. If the application is denied, the Code Enforcement Officer shall allow seven (7) working days for the property owner to correct the violation before filing proceedings with legal action. A reasonable extension of time may be granted if it is determined Chapter 3: Community and Econ. Development Page 10 2/20/2014 that significant progress has been made, or should the property owner represent circumstances that would warrant such extension. Written documentation shall be placed in the file noting the reason the time extension is being granted and the amount of additional time that is being allowed to correct the violation. c. A fourth written notice shall be forwarded by certified mail advising the property owner that legal action has been taken. d. Legal action shall not take place without prior approval from the County Attorney. c. Type III Offenses Following the initial field inspection and a determination that a violation exists, the following steps shall be undertaken in processing a Type III Offense until the violation is resolved: 1. The Code Enforcement Officer shall consult the Zoning Administrator and County Attorney immediately upon notification and inspection of a violation, which poses an imminent threat to health and safety. 2. The property owner shall receive written notice to immediately cease all actions contributing to the violation. 3. The appropriate law enforcement authorities shall receive immediate notification of the violation. 4. The Zoning Administrator and Code Enforcement Officer shall consult the County Attorney regarding further action to resolve the complaint. Section 8.6 Repeat Violators Chapter 3: Community and Econ. Development Page 11 2/20/2014 The Codes Enforcement Officer may find instances of repeat violations, whereby compliance is achieved in each case; however, the property owner repeatedly violates the code provisions. In such cases, an administrative consent order or injunctionlegal action may be sought at the advice of the County Attorney. Notice shall be sent by certified mail setting forth the steps the County proposes in exercising its authority to correct the violation. Section 8.7 Request for Search Warrant In the event a property owner denies access to the property for an inspection to obtain evidence of a complaint, the Codes Enforcement Officer shall obtain a Search Warrant from the General District Court Magistrate, after providing probable cause to conduct a search. Such action shall not take place without prior approval of the County Attorney. The Codes Enforcement Officer shall be accompanied by a law enforcement official, while conducting the search and shall take photographs of the code violation(s). Section 8.8 Hiring Contractors Bids shall be received in accordance with the County’s procurement procedures prior to contracting the services of an individual or firm to assist in remedying a code violation. Eligible contractors shall be properly licensed and shall not have active County code violations. Section 8.9 Freedom of Information Act The Zoning Administrator and the Codes Enforcement Officer(s) shall comply with all of the requirements of the Freedom of Information Act, Chapter 3: Community and Econ. Development Page 12 2/20/2014 contained in Chapter 37 of Title 2.2 of the Code of Virginia. In particular, disclosure of the following information to the public shall be prohibited, unless otherwise required by law: “The names, addresses and telephone numbers of complainants furnished in confidence with respect to an investigation of individual zoning ordinance complaints made to a local governing body.” (Sec. 2.2-3705.3(, 10). of the Code of Virginia) Board of Supervisors Meeting of August 21, 2014 Prepared by Mark C. Popovich, County Attorney COUNTY ATTORNEY – Proposed Facility Use Agreement Revisions ISSUE: Requested Revisions to Facility Use Agreement BACKGROUND: At its regular meeting on June 19, 2014, the Board approved the proposed Facility Use Agreement that was circulated to all volunteer emergency services agencies for execution. To date, five (5) of the seven (7) agencies have executed the document. The two outstanding agencies that have not executed the Agreement are the Windsor Volunteer Fire Department and the Carrollton Volunteer Fire Department. On behalf of the Board, the County Attorney met with Mr. H. Woodrow Crook, Esq., who is representing both the Windsor and Carrollton Volunteer Fire Departments in this matter to discuss the issues/concerns each department had with the Agreement. Mr. Crook has provided a written response noting their suggested revisions. BUDGETARY IMPACT: None RECOMMENDATION: Deny the request for changes to the Agreement. To allow a change to the Agreement for these two departments will be providing them with a special privilege not afforded the other departments who have already executed the Agreement. ATTACHMENTS: Correspondence from H. Woodrow Crook, Esq., on behalf of Carrollton and Windsor Volunteer Fire Departments   August 21, 2014/JG/Acceptable Use of IT Equipment by Employees and Public Officers ISSUE: Motion to Adopt Revisions to Chapter 6, Article I and Chapter 7, Article IV of the County Policy Manual to Address Acceptable Use of Public Information Technology Equipment As Prescribed by Section 15.2-1505.2 of the Code of Virginia BACKGROUND: The General Assembly, during its 2014 Session, adopted House Bill 494, Personnel Policies Regarding the Use of Public Property, which enacts Section 15.2-1505.2 of the Code of Virginia to require localities with more than 3,500 citizens to establish policies related to the use of public property by public officers and employees to address the use of telephones, computer, and related equipment. In order to bring the County into compliance with this State law, the Board will need to adopt changes to Chapter 6, Article 1, and Chapter 7, Article IV of the County Policy Manual to further address acceptable uses of computer, telephone, wireless communication, and other information technology related devices and equipment in accordance with the requirements of Section 15.2-1505.2 of the Code of Virginia. BUDGETARY IMPACT: None RECOMMENDATION: Approve the revisions to Chapter 6, Article I and Chapter 7, Article IV of the County Policy Manual. ATTACHMENT: Revised Policies   Chapter 6: Information Technology ARTICLE I Computer and Telephone Network Acceptable Use Policy (Adopted April 15, 1999, Revised May 24, 2007, Revised August 21, 2014) Section 1.0 General Use Isle of Wight County, represented by its County Board of Supervisors, is the sole owner of its governmental information and computer systems, including but not limited to computer equipment, operating systems, software, storage media, network accounts, electronic mail, and web browsing, telephone systems, and wireless communication devices. These systems are to be used for business purposes in serving the interests of Isle of Wight County, and of our citizens in the course of normal operations. The County reserves the right to monitor these computer systems for any reason. The Director of Human Resources will be permitted to use or view any information contained in the Isle of Wight County’s computer systems, micro or mainframe, telephone system, or wireless communication devices with authorization from the County Administrator for the sole purpose of conducting an administrative investigation. Effective security is a team effort involving the participation and support of every employee and affiliate who deals with information and information systems. It is the responsibility of every computer system user to know these guidelines, and to conduct their activities accordingly. In accordance with Section 15.2-1505.2 of the Code of Virginia, Chapter 6 of the County Policy Manual shall apply to all public officers and employees, which includes elected or appointed individuals of the County. Use of County owned computer, telephone, wireless communication, and other information technology related devices and peripheral equipment shall not be used for personal use to the extent that such use interferes with productivity or work performance and shall not be used to engage in political activities. For purposes of this Chapter, “political activities” shall have the same meaning as provided in Section 15.2-1512.2(c) of the Code of Virginia, as it may be amended from time to time. Section 1.1 Security a. Keep passwords secure and do not share accounts. Authorized users are responsible for the security of their passwords and accounts. Individuals should not reveal their passwords to another person. If an employee is unavailable and the supervisor needs to retrieve information from the computer, the IT Department should be notified in order to grant temporary access. b. Computers should be secured by locking the desktop when unattended. Computers should be logged off at the end of the work day, and shut down on the weekends. c. Employees must use extreme caution when opening e-mail attachments from unknown senders, which may contain viruses. Section 1.2 Unacceptable Use a. Under no circumstances is an employee of the County authorized to engage in any activity that is illegal under local, state, federal or international law while utilizing County-owned resources. b. Users are prohibited from using a County computing asset to actively engage in procuring or transmitting material that is in violation of the County’s Non- Discrimination and Anti-Harassment Policy. Restrictions against inappropriate language apply to public messages, private messages, and material posted on Internet Web pages. Individuals shall not use language or access material that is obscene, profane, lewd, inflammatory, threatening, or disrespectful. c. Individuals shall not attempt to gain unauthorized access to any computer system or go beyond personal authorized access. This includes logging into the system through another person’s account or accessing another person’s files. d. Individuals shall not introduce malicious programs into the network or servers (e.g., viruses, worms, Trojan horses, email bombs, etc.). Individuals shall not make deliberate attempts to disrupt the computer system or interfere with network traffic. Section 1.3 Software a. The installation of any copyrighted software for which the county or the end user does not have an active license is strictly prohibited. Employees may not duplicate any licensed software or related documentation unless expressly authorized to do so by agreement with the licensor. Employees may not give software to any outsiders, including clients, contractors, customers, or others. b. The installation of personal or private software and all software downloaded from the internet is permitted only with approval from the Information Technology Department. c. The use of software for personal use is allowed only during an individual’s designated break times determined by the appropriate department head. Section 1.4 E-mail a. The Virginia Freedom of Information Act identifies email as public record, which must be retained in compliance with the Virginia Public Records Act. The county maintains an email retention database to retain all email for a period of five (5) years. b. Using county computer systems to send unsolicited email messages, including the sending of “junk mail” or other advertising material to individuals who did not request such material is prohibited. c. Employees may not transmit messages or other communications by means that either mask or hide their identity or indicate that they are sent by someone else. Section 1.5 Violations Violation of the above policies may result in all loss of system access as well as other disciplinary and/or legal action by the County of Isle of Wight. Section 1.6 Wireless Communication Devices (Adopted February 13, 2007) Objective/Purpose The purpose of this policy is to provide guidance to employees on the business use and acquisition of wireless communication devices. The Agency or Department Head should ensure that wireless communication devices are provided only to those employees with a demonstrated need for this type of communication. Criteria to be considered for the assignment of devices to employees may include the following:  The employee must be in a position where the majority of his or her time is spent out of the office during the normal work day;  Use of a wireless communication device must be essential for the conduct of the employee’s work;  The employee is subject to being contacted for urgent or emergency purposes. A request to obtain a wireless communication device shall be submitted in writing on the Request for Wireless Communication Device form to the County Administrator or his/her designee. The request must indicate why a specific wireless communication device is required. In order to maintain inventory, the request must state to whom the equipment will be assigned, their respective title, and the account code to be charged. Usage Employees are expected to exercise good judgment while using wireless communication devices. County wireless communication devices are provided in order to conduct official County business. In addition to County business, wireless communication devices may be used for emergency personal business. The manager shall be responsible for a review of actual usage of wireless communication device time when an employee routinely exceeds the plans minutes allotted to them. Excessive personal use of the assigned equipment may result in the employee’s loss of the device or other appropriate disciplinary action. Employees are also prohibited from using wireless communication devices while operating vehicles unless the device is equipped with “hands-free” capability. Chapter 7: Miscellaneous - Employee Related ARTICLE IV Wireless Communication Devices (Adopted February 13, 2007) Section 4.0 Objective/Purpose The purpose of this policy is to provide guidance to employees on the business use and acquisition of wireless communication devices. The Agency or Department Head should ensure that wireless communication devices are provided only to those employees with a demonstrated need for this type of communication. Criteria to be considered for the assignment of devices to employees may include the following:  The employee must be in a position where the majority of his or her time is spent out of the office during the normal work day;  Use of a wireless communication device must be essential for the conduct of the employee’s work;  The employee is subject to being contacted for urgent or emergency purposes. A request to obtain a wireless communication device shall be submitted in writing on the Request for Wireless Communication Device form to the County Administrator or his/her designee. The request must indicate why a specific wireless communication device is required. In order to maintain inventory, the request must state to whom the equipment will be assigned, their respective title, and the account code to be charged. Section 4.1 Wireless Communication Devices Usage Employees are expected to exercise good judgment while using wireless communication devices. County wireless communication devices are provided in order to conduct official County business. In addition to County business, wireless communication devices may be used for emergency personal business. The manager shall be responsible for a review of actual usage of wireless communication device time when an employee routinely exceeds the plans minutes allotted to them. Excessive personal use of the assigned equipment may result in the employee’s loss of the device or other appropriate disciplinary action. Employees are also prohibited from using wireless communication devices while operating vehicles unless the device is equipped with “hands-free” capability. Preliminary Qtrly Financial Rpt 4th Qtr FY14/ MT B&F/8.11.14    ISSUE: Staff Report –Preliminary Quarterly Financial Report (4th Quarter FY 14) BACKGROUND: Staff has compiled preliminary information relative to the County’s financial performance for the 4th quarter ended FY 14. A brief presentation will be made on the status and implications of the County’s financial performance. RECOMMENDATION: For the Board’s information. ATTACHMENTS: Information to be provided at the August 21, 2014 meeting.   August 11, 2014/jlo/Transportation Planning Update ISSUE: Transportation Planning Update BACKGROUND: Staff has reviewed the County’s land use and development plans regarding both short-term and long-term transportation improvements and has developed a transportation funding strategy for 2014-2018 for consideration. This strategy identifies key infrastructure projects from the County’s adopted Comprehensive Plan, assigns preliminary cost estimates, and identifies possible grant sources for funding, based on grant application cycles. Please note that specific projects are highlighted in blue. These projects are considered strong candidates for the grant in the fiscal year specified. Projects that are not considered a strong candidate for the specific funding identified are not highlighted, and these projects are carried over to the next application cycle as a recommendation to re-apply. Please also note that some projects are listed under multiple grant sources. Staff has identified possible grant sources for each project based on funding criteria and recommends applying for multiple grants until complete funding is secured. This strategy will require annual review, at a minimum, in consideration of changes to grant availability and eligibility criteria, County priorities, project progress, and the regional funding landscape. August 11, 2014/jlo/Transportation Planning Update BUDGET IMPACT: The funding sources identified have varying County match requirements. Therefore, these funding strategies will need to be included in the Fiscal Year 2016 Capital Improvement Plan. RECOMMENDATIONS: For the Board’s information. ATTACHMENT: Transportation Funding Strategy 2014-2018 Application Source Estimate Need Proposed Grant County Amount Project Aug 2014 RSTP FY 2021 8,000,000.00$ 8,000,000.00$ 8,000,000.00$ -$ RSTP FY 2021 6,000,000.00$ 6,000,000.00$ 6,000,000.00$ RSTP FY 2021 2,600,000.00$ 1,200,000.00$ 1,200,000.00$ RSTP FY 2021 625,000.00$ 500,000.00$ 500,000.00$ 125,000.00$ Aug 2014 CMAQ FY 2021 2,600,000.00$ 1,200,000.00$ 1,200,000.00$ CMAQ FY 2021 812,242.00$ 447,242.00$ 447,242.00$ CMAQ FY 2021 625,000.00$ 500,000.00$ 500,000.00$ 125,000.00$ Nov 2014 TAP FY 2016 7,854,329.00$ 2,700,000.00$ 2,160,000.00$ 540,000.00$ Aug 2014 HSIP 2,700,000.00$ 2,700,000.00$ Nov 2014 Rev Shar FY 2016 1,600,000.00$ 1,600,000.00$ $800,000 800,000.00$ Aug 2015 RSTP FY 2022 6,000,000.00$ 6,000,000.00$ 6,000,000.00$ Route 258 Widening (460 N to Five Forks) 1.8 miles RSTP FY 2022 2,600,000.00$ 1,200,000.00$ 1,200,000.00$ 620/258 Intersection improvements RSTP FY 2022 3,850,000.00$ 3,850,000.00$ 400,000.00$ Smiths Neck Engineering Oct 2015 HSIP 2017 Nov 2015 TAP FY 2017 500,000.00$ 500,000.00$ 400,000.00$ 100,000.00$ Route 17 Greenways Nov 2015 Rev Shar FY 2017 900,000.00$ 900,000.00$ 450,000.00$ 450,000.00$ Nike Park Road Extension engineering 1,000,000.00$ 1,000,000.00$ 500,000.00$ 500,000.00$ Rural Additions/Paving (2) Aug 2016 RSTP FY 2023 6,000,000.00$ 6,000,000.00$ 6,000,000.00$ Route 258 Widening (460 N to Five Forks) 1.8 miles 2,600,000.00$ 1,200,000.00$ 1,200,000.00$ 620/258 Intersection improvements 1,100,000.00$ 1,100,000.00$ 1,100,000.00$ Smiths Neck at Titus Creek Old Mill intersection realignment/signalization Nike Park Trail Nike Park Trail**Not open grant application Rural Additions/Paving (3) Route 258 Widening (460 N to Five Forks) 1.8 miles 620/258 Intersection improvements Old Mill intersection realignment/signalization 620/258 Intersection improvements Smithfield Sidewalk phase 1B, 1C, 2A Route 258 Widening (460 S to Sunset) 2.4 miles Transportation Funding Strategy 2014-2018 3,500,000.00$ 3,100,000.00$ 3,100,000.00$ -$ W Blackwater Road improvements Oct 2016 HSIP 2018 1,500,000.00$ 1,500,000.00$ 1,500,000.00$ Nike Park Road and Titus Creek 3,500,000.00$ 3,100,000.00$ 3,100,000.00$ -$ W Blackwater Road improvements Nov 2016 TAP FY 2018 500,000.00$ 500,000.00$ 400,000.00$ 100,000.00$ Route 17 Greenways Nov 2016 Rev Shar FY 2018 4,120,000.00$ 4,120,000.00$ 2,060,000.00$ 2,060,000.00$ Nike Park Road Extension 1 1,000,000.00$ 1,000,000.00$ 500,000.00$ 500,000.00$ Rural Additions/Paving (3) Aug 2016 RSTP FY 2024 3,500,000.00$ 3,100,000.00$ 3,100,000.00$ -$ W Blackwater Road improvements 1,100,000.00$ 1,100,000.00$ 1,100,000.00$ -$ Smiths Neck at Titus Creek Oct 2016 HSIP 2019 1,500,000.00$ 1,500,000.00$ 1,500,000.00$ -$ Nike Park Road and Titus Creek 3,500,000.00$ 3,100,000.00$ 3,100,000.00$ -$ W Blackwater Road improvements Nov 2017 TAP FY 2019 500,000.00$ 500,000.00$ 400,000.00$ 100,000.00$ Route 17 Greenways Nov 2017 Rev Shar FY 2019 800,000.00$ 800,000.00$ 400,000.00$ 400,000.00$ Rural Additions/Paving (3) 3,975,000.00$ 3,975,000.00$ 1,987,500.00$ 1,987,500.00$ Nike Park Road Extension 2 Aug 2018 RSTP FY 2025 3,500,000.00$ 3,100,000.00$ 3,100,000.00$ -$ W Blackwater Road improvements 1,100,000.00$ 1,100,000.00$ 1,100,000.00$ -$ Smiths Neck at Titus Creek Oct 2018 HSIP 2020 1,500,000.00$ 1,500,000.00$ 1,500,000.00$ -$ Nike Park Road and Titus Creek 3,500,000.00$ 3,100,000.00$ 3,100,000.00$ -$ W Blackwater Road improvements Nov 2018 TAP FY 2020 500,000.00$ 500,000.00$ 400,000.00$ 100,000.00$ Route 17 Greenways Nov 2018 Rev Shar FY 2020 1,450,000.00$ 1,450,000.00$ 725,000.00$ 725,000.00$ Rural Additions/Paving (2) 1,100,000.00$ 1,100,000.00$ 550,000.00$ 550,000.00$ Nike Park Road Extended 3 August 21, 2014/fah/Transition of Franchise Solid Waste Services ISSUE: Staff Report – Solid Waste Franchise Transition Plan Update BACKGROUND: Isle of Wight County provides an Exclusive Franchise Agreement for residential solid waste collection and disposal services. Currently these services are provided by All Virginia Environmental Solutions, Inc. (AVES). The intent of this Franchise is to give County residents living outside the Towns an option to privately procure curbside trash collection services at a competitive rate in lieu of using the County convenient centers. Due to the failure to meet contract obligations, the County will be transitioning from AVES to Bay Disposal on October 1, 2014. Staff will provide a presentation of the actions planned to deliver proper notification and additional information about the transition to the Board and the public. This transition will be complete and Bay Disposal will provide these services by October 1, 2014. Staff will be working with Bay Disposal to ensure that services to the citizens will not be interrupted. BUDGET IMPACT: None RECOMMENDATIONS: For the Board’s information. ATTACHMENT: Action Plan   August 21, 2014/cbm/Motion to Schedule Intgvt. Meeting – Route 460 Alternatives ISSUE: Motion to Schedule an Intergovernmental Committee Meeting with the Town of Windsor and Discussion of Route 460 Alternatives BACKGROUND: Mayor Rita Richardson of the Town of Windsor has requested an intergovernmental meeting with County officials to discuss the proposed alignment alternatives for the Commonwealth Connector/Route 460 project as presented by the Virginia Department of Transportation (VDOT). The purpose of the meeting is for the County and Town to come to a consensus on the best alignment for our respective jurisdictions. It is recommended that the Board adopt a motion to schedule an intergovernmental meeting with the Town of Windsor and provide potential meeting dates to the Town. Suggested meeting dates include August 27 or August 28 at 3 p.m. Additionally, staff has evaluated the proposed Commonwealth Connector/Route 460 project alternative alignments as presented by VDOT. Frank Haltom, Director of General Services, will discuss the proposed alternative alignments and recommend a preferred alignment for consideration by the Board based on staff’s analysis. It is recommended that the County send a letter to the Secretary of Transportation, Aubrey Layne, to convey the County’s preferred alignment along with a prioritized ranking of VDOT’s proposed alternative alignments. A draft letter is attached. RECOMMENDATION: Adopt a Motion to Schedule an Intergovernmental Committee Meeting with the Town of Windsor ATTACHMENT: Draft Letter to Aubrey Layne, Secretary of Transportation   August 21, 2014 Aubrey L. Layne, Jr. Secretary of Transportation Virginia Department of Transportation 1111 East Broad Street Richmond, VA 23219 Dear Mr. Layne, In the month of July, the Virginia Department of Transportation held multiple public meetings to gain public input on the impacts of the proposed alignments for the Commonwealth Connector. The County of Isle of Wight has reviewed the proposed alternative alignments and would like to express its continued support for Alternative 1. In recognition of the environmental impacts any alternative may present, the County would also like to express support for a blend of any alternatives that maintain the Alternative 1 alignment from the Town of Windsor’s western border easterly to the Isle of Wight/Suffolk line. If the Alternative 1 alignment is not selected, the County will consider support of the following alternative alignments in descending order of priority with the caveat that any alternative alignment selected maintains the Alternative 1 alignment from the Town of Windsor’s western border easterly to the Isle of Wight/Suffolk line: 1) 1 2) 3 3) 5N 4) 2N 5) 2S 6) 5S 7) 4 In a letter to Angel Deem, VDOT Environmental Project Manager, dated June 10, 2014, County staff responded to VDOT’s request for comments to the Supplemental Environmental Impact Statement (SEIS) location study. County staff provided correspondence to express support for the Proposed Commonwealth Connector as well as to address concerns regarding the potential impacts to the County for each of the subsequent alternative alignments. Page 2 August 14, 2014 As mentioned in the letter, any alternative routed to the north of the existing corridor and the Town of Windsor would have extensive negative impacts on both community and economic development interests of the County. Furthermore, any alignment that bisects the County’s Shirley T. Holland Intermodal Park would be devastating to the County’s growth and economic development potential. The County recognizes the environmental concerns that have been raised and is fully confident that an alternative alignment can be developed which mitigates environmental impacts while protecting existing and future planned commercial, industrial, and residential development along this corridor. We greatly appreciate the opportunity for continued collaboration with the Commonwealth on this critically important project. Respectfully, Byron B. Bailey Chairman cc: The Honorable Board of Supervisors The Honorable John A. Cosgrove, Jr. The Honorable L. Louise Lucas The Honorable Thomas K. Norment, Jr. The Honorable Richard L. Morris The Honorable Roslyn C. Tyler Anne F. Seward, County Administrator Mark C. Popovich, County Attorney Amy Ring, Interim Director of Economic Development Frank Haltom, Director of General Services Beverly H. Walkup, Director of Planning and Zoning ISSUE: Tyler’s Beach Solutions and Strategies BACKGROUND: At its regular meeting on July 17, 2014, the Board of Supervisors tabled action on the staff proposals for Tyler’s Beach until its meeting on August 21, 2014. At the Board’s regular meeting on June 19, 2014, staff presented three (3) options for the future of Tyler’s Beach. The Board tabled further discussion of this matter to the July 17, 2014 meeting. BUDGETARY IMPACT: The budgetary impact of staff’s recommendation includes additional expenditures in the amount of $85,000 and additional revenues in the amount of $73,500. RECOMMENDATION: Staff continues to recommend Option #3 which includes the following: - Hire a part-time Park Ranger for the Department of Parks and Recreation at a cost of approximately $50,000 annually (approximately 2,080 hours). A Park Ranger would have authority to enforce not only ordinances, but policies as well. - Pursue the removal of delinquent and abandoned boats (approximately $20,000). ATTACHMENTS: - Policy amendments - Ordinance revisions   Section 4.5 (Adopted 5/12/11) Tyler’s Beach Boat Harbor - User Fee a. Intent Incorporate a fee that will subsidize a portion ofoffset the expenses that are incurred by regular users of the Tyler’s Beach Boat Harbor. b. Process - Incorporate a monthly fee that will not exceed an annual payment of $250.00be set annually by the County Administrator. - Fee will be applied to all applicants. - User fee period will be January 1 until December 30 of any current year. - Applicant will be billed each January. Payment must be received within 45 days of the billing date. - Individuals who make application after July 1 of a current year will incur a cost of $125.00. - All users must file and adhere to components of the “Tylers Beach Boat Harbor Docking Agreement.”make application to the Department of Parks and Recreation in order to dock a vessel at Tyler’s Beach Boat Harbor - NO REFUNDS FOR ALL OR A PORTION OF A FEE FOR ANY REASON. c. Services Provided Opportunity to utilize space to moor a watercraft within the boundaries of the Tyler’s Beach Boat Harbor. Use of electricity. Use of fenced yard to make repairs to watercraft. Section 4.6 (Adopted 11/4/04, Revised 8/21/09, Revised 5/12/11) Tyler’s Beach Boat Harbor - Docking Agreement Name of Vessel:______________________________________ Vessel holds: ____ Va. Registration #__________________ ____Documentation Registered Owner:____________________________________ Mailing Address: _____________________________________ _____________________________________ _____________________________________ _____________________________________ Physical Address:_____________________________________ _____________________________________ _____________________________________ _____________________________________ Phone #___________________(Day) ________________(Night) I, the undersigned, agree to the following conditions for docking or mooring my vessel at the Tyler’s Beach Boat Harbor, Isle of Wight County (the “Boat Harbor”): Formatted: Space After: 10 pt, Line spacing: Multiple 1.15li, Tab stops: Not at 3" + 4.5" a. All vessels utilizing the Boat Harbor for docking or mooring are to be registered with the Isle of Wight County Department of Parks and Recreation. b. My vessel shall be kept in good operating order. c. My vessel shall not interfere with the reasonable operation of other boat owners located in the Boat Harbor. d. I shall be responsible for any damage created by the use of, or the rafting of my vessel to other vessels located in the Boat Harbor. e. I shall not litter or leave debris at the Boat Harbor associated with my use of, or the maintenance of my vessel. f. Any maintenance associated with my vessel that requires storing and/or blocking of the vessel will be done in the designated area. g. Any unloading of crab pots or other equipment associated with the operation of commercial fishing will not be left on site for more than twenty- four (24) hours. h. That all courtesies will apply when utilizing the established loading and unloading dock. i. That overnight stays on boats moored in the harbor are prohibited and furthermore no camping or overnight stays are permitted on the property. I, the undersigned, further understand and agree to the following: a. Any vessel that is inoperable will be located so as to not interfere with the use of operable vessels and the owner will have thirty (30) days to get the vessel in operable condition. b. Any vessel that sinks, is the responsibility of the owner and shall be refloated by the owner within a seven-day (7) period. Formatted: Space After: 10 pt, Line spacing: Multiple 1.15li, No bullets or numbering, Tab stops: Not at 3" + 4.5" Formatted: Space After: 10 pt, Line spacing: Multiple 1.15li, Tab stops: Not at 3" + 4.5" Formatted: Space After: 10 pt, Line spacing: Multiple 1.15li, No bullets or numbering, Tab stops: Not at 3" + 4.5" c. Any vessels that sink two (2) times in any sixty-day (60) period must be removed from the Boat Harbor at the owners’ expense. d. Any pollution of the water and or property associated with the Boat Harbor created by me and/or my agents, representatives or invitees and/or my vessel will be cleaned up at the expense of the owner within ten (10) days. Any violation of these requirements shall cause the cancellation of this agreement and result in the removal of the above named vessel from the Boat Harbor. If such violation requires the Isle of Wight County Department of Parks and Recreation to remove a vessel and or debris from the Boat Harbor due to the negligence of a vessel owner, such removal will result in the County of Isle of Wight billing the responsible party applicable fees with payment due within thirty (30) days of receiving such bill. If payment is not received within said time period, Isle of Wight County may seize and, after providing thirty (30) days written notice, sell the vessel at public auction. Cost incurred by auction will be paid by boat owner. I understand and agree to the conditions of this agreement, and will abide by the conditions of this agreement. __________________________________ _____________ Signature Date ___________________________________ ___________ Witness Date Formatted: Space After: 10 pt, Line spacing: Multiple 1.15li, Tab stops: Not at 3" + 4.5" Formatted: Space After: 10 pt, Line spacing: Multiple 1.15li AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 16. TYLERS BEACH BOAT HARBOR. WHEREAS, on December 5, 1967 the Isle of Wight County Board of Supervisors, after holding a public hearing in accordance with Section 15.2-1427 of the Code of Virginia (1950, as amended), enacted Chapter 16 of the Isle of Wight County Code to establish a public boat harbor known as the “Tylers Beach Boat Harbor”; and WHEREAS, the increased use of the Tylers Beach Boat Harbor has resulted in the need to ensure the safety and security of the facility and to protect the life and safety of the citizens using the same; BE IT, AND IT IS HEREBY ORDAINED, by the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 16, Tylers Beach Boat Harbor of the Isle of Wight County Code be amended and reenacted as follows: Article I. In General Sec. 16-1.Establishment; purpose; regulations generally. With the approval and assistance of the United States of America and the United States Army Corps of Engineers, Norfolk, Virginia, the parcel of land at Tylers Beach, in Hardy Magisterial District, County of Isle of Wight, State of Virginia, containing 4.85 acres, more or less, in the aggregate, according to a survey thereof made by Roy Brinkley, C.L.S., on December 15, 1966, which was acquired from Ann C. Tyler, Grace H. Bradby, Eliza Hughes and others by the county, and all structures, buildings, landings, wharves, bulkheads, docks, piers, basins, channels, waters and all other facilities now on, or which may hereafter be erected, constructed or placed in and/or on such land, are hereby set aside and established as and for a public boat harbor for use and occupancy by all commercial, recreational and pleasure boats and vessels. The use, occupancy and operation of such boat harbor and its facilities shall be in accordance with this chapter and such rules and regulations as may be made and promulgated with respect thereto by the department of parks and recreation of the county, which boat harbor and its facilities shall be open to all on equal terms. The aforesaid boat harbor shall be known as the "Tylers Beach Boat Harbor." (10-5- 67, § 2; 9-19-02.) Sec. 16-2.Enforcement of chapter, etc. This chapter and the rules and regulations made by the Isle of Wight County bBoard of sSupervisors of the county shall be enforced by the Ddepartment of pParks and Rrecreation of the county. (10-5-67, § 12; 9-19-02.) Article II. Administration. Sec. 16-3.Generally. The administration and management of the Tylers Beach Boat Harbor shall be by the Isle of Wight County dDepartment of pParks and rRecreation of the county. For purposes of this chapter, the Isle of Wight County Department of Parks and Recreation shall be referred to as the "Department". (10-5-67, § 3; 9-19-02.) Sec. 16-4.Powers and duties. The dDepartment of parks and recreation for the county is hereby authorized and empowered: (a) To manage, supervise and control the use, occupancy and operation of the boat harbor and its facilities pursuant to this chapter and the rules and regulations made by the dDepartment; provided, that the dDepartment may, from time to time, appoint, designate and charge some person as its agent for such purposes who shall be responsible to and perform such duties and functions as required by the dDepartment and who may be paid such compensation in such manner as the board Board of Supervisors may determine. (b) To make any and all reasonable rules and regulations for the use, occupancy, operation, growth and development of the public boat harbor herein established and its facilities, including rules and regulations, including fixing and determining: (1) Any and all reasonable rates and charges for the use, occupancy and operation of the boat harbor and its facilities, except and other than for the public landing and dock hereinafter reserved for general public use and occupancy as hereinafter provided for, by any and all kinds, types and sizes of boats and vessels; (2) The kind, size and type of boats and vessels which may use and occupy the boat harbor and its facilities, the space or place in the boat harbor which may be used or occupied by any boat or vessel and when and the period of time during which any boat or vessel may use or occupy such boat harbor. (c) From time to time, to alter, repeal or amend the rules and regulations, or any of them, made by the dDepartment; provided, that none of such rules and regulations, as originally made and as altered or amended, shall become effective and have the force and effect of law until after they shall have been posted in full for thirty days on the property, which rules and regulations shall be filed with and made available by the board of supervisors as a public record. (10-5-67, § 4; 9-19-02.) Article III. Use. Sec. 16-5.Disposition of charges, etc. The amount of all rates, charges and revenue of every kind due for the use, occupation and operation of the boat harbor and its facilities and for any and all business or activity conducted in connection with the use, occupation and operation of the boat harbor shall be collected by and paid to the county's agent. The amount of all such rates, charges and revenue so collected shall be applied by the board or its agent to the payment of the costs and expenses of the operation of the boat harbor and its facilities. The net balance thereof shall be paid to the cCounty tTreasurer not later than the thirtieth day of June in each year. (10-5-67, § 5; 9-19-02.) Sec. 16-6.Landing or dock. The landing or dock at the north end of the basin of the boat harbor is hereby reserved, established and declared as and for a public landing and dock for general public use and occupancy by any and all boats and vessels without any charge thereforat a fee which shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, unless otherwise set forth herein, and which shall be so identified by appropriate signs; provided, that such use and occupancy of such public landing and dock shall be subject to and regulated and controlled by this chapter and the rules and regulations of the boardDepartment; and provided further, that wharfage for in- or out-bound cargo placed on the public landing and dock and the wharfage for all boats and vessels thereat shall not exceed the time fixed by the boardDepartment, without charge, and cargo and boat wharfage charges for the use and occupancy of such public landing and dock in excess of the time fixed by the board shall be fixed by the director of parks and recreation. For such boats and vessels that remain at the landing or dock in excess of the time fixed by the director of parks and recreationDepartment, proper registration with the county shall be required by making application to the director of parks and recreationDepartment. All such boats and vessels shall maintain a valid and current state registration. In addition, such boats or vessels shall be charged a fee of two hundred fifty dollars per year for the use of county-supplied electricity to be used, without limitation, by such boats or vessels. (10-5-67; 9-19-02; Ord. No. 2011-4-C, 3-3-11.) Sec. 16-7.Permits. All persons desiring to use and occupy the boat harbor or its facilities or any part thereof shall make application for a permit therefor in writing to the dDepartment of parks and recreation of the county or its agent upon forms provided by the dDepartment of parks and recreation of the county, showing the name and address of the applicant, the kind, type and size of the boat or vessel of the applicant, the kind and type of use or occupancy desired by the applicant and the period of time for which such use and occupancy is desired and, upon receipt of a proper application, the payment of all rates and charges required by this chapter or the rules and regulations of the dDepartment of parks and recreation of the county and evidence of compliance by the applicant with this chapter and such rules and regulations, the dDepartment of parks and recreation of the county or its agent shall issue such permit to the applicant. Such permit shall be retained by the dDepartment of parks and recreation of the county, and no such permit shall be issued until all rates and charges required by this chapter or such rules and regulations have been paid. The dDepartment of parks and recreation of the county, upon refusal to issue such permit, shall forthwith notify the applicant in writing of such refusal and the reasons therefor. From the date of such written notice of refusal to issue such permit, the applicant shall have ten (10) days in which to make written appeal to the board of supervisorsCounty Administrator, setting forth in detail the facts relating thereto and the particular errors alleged to have been made by the dDepartment of parks and recreation of the county or its agent in refusing to issue such permit. The board of supervisorsCounty Administrator shall then set the matter for a hearing, giving at least ten (10) days' written notice to the applicant of the time and place of the hearing. Upon being refused such permit by the board of supervisorsCounty Administrator, the applicant may, within thirty (30) days from the date of the adverse ruling and decision of the board of supervisors, petition the circuit court of the county for review. A copy of such petition shall be served on the chairman of the board of supervisors and the county's attorney not later than five days from its return date. (10-5-67, § 7; 9-19-02.) Sec. 16-8.Unlawful acts. It shall be unlawful and constitute a violation of this chapter for any person: (a) To use or occupy the boat harbor or any of its facilities without first obtaining a written permit from the duly authorized agent of the county or its agent and paying the amount of the rates and charges to the duly authorized agent of the county. (b) To erect, construct or place any building, structure, landing, wharf, dock, pier, pole, walkway, projection or other facility in the waters of the basin or channel of the boat harbor or within the bulkhead line thereof or on the land or property adjacent to or abutting on the basin or channel thereof without first obtaining a written permit from and as prescribed by the dDepartment of parks and recreation of the county or its agent. (c) To deposit, sink or place or cause or permit to be deposited, sunk or placed in the waters of the boat harbor, its basin or channel, or along the shores thereof or in any of the streams or ditches emptying therein, or on any of the land adjacent or contiguous to and abutting on the boat harbor or its facilities, its basin or channel, any refuse, offal, waste matter, earth, oil, liquid, animal, fish, vegetable matter, barge, scow, boat, ship, vessel, any other watercraft, trees, timber or logs, or any other substance, thing, matter or material that may injuriously affect the sanitary, clean, safe, orderly and proper condition, use, occupancy or operation of the boat harbor, its waters and facilities; to fail forthwith to mark the waters of the boat harbor at the place where any of the foregoing items, things or materials are located with a buoy or other discernable warning device in the daytime and with a lighted lantern or other discernable lighted or flare device at night; to fail to maintain such marks and warning devices until such items, things and materials are removed therefrom; and to fail to forthwith commence and to continue without any interruption the removal therefrom of any of the aforesaid items, things or materials. (d) To operate any boat or vessel entering, leaving or moving in, on or about the waters of the boat harbor at a speed in excess of five miles per hour or to operate any boat or vessel in, on or about such waters at a speed or in a manner so as to create a swell that may injure other boats, vessels or other watercraft anchored, tied up or attached to the boat harbor or its facilities or plying or moving in, on or about the waters of the boat harbor or at a speed or in a manner so as to endanger or injure the life, limb or property of any person. (e) To anchor, moor, tie up, dock, place or attach any boat, vessel, ship, barge, scow or other craft at any place, space, dock, pier, point or location or in any manner other than that designated, prescribed, located and authorized by the dDepartment of parks and recreation of the county or its agent or to stop, pass or interfere with any boat, vessel or other craft in the waters of the boat harbor in such manner as to prevent, obstruct or interfere with the movement, passage, approach, berthing, anchoring, mooring, docking or placing of other boats, vessels or craft, except when specifically authorized by the dDepartment of parks and recreation of the county or its agent or to utilize, use or occupy any bulkhead, landing, pier, space, dock or place inside the waters of the basin and channel of the boat harbor without first obtaining the written permit therefor from the dDepartment of parks and recreation of the county or its agent. (f) To fail to forthwith remove any boat, vessel or cargo from the boat harbor and its facilities when ordered to do so by the Ddepartment of parks and recreation of the county or its agent for such cause as may be deemed proper by the Ddepartment of parks and recreation of the county or its agent or to fail to remove any boat, vessel or cargo therefrom for nonpayment of rates and charges. (g) To permit or allow any boat, vessel or cargo owned, controlled or in his custody to remain at or on the aforesaid public landing or dock herein reserved for the general public use and occupancy without charge and to fail to remove such boat, vessel or cargo therefrom after the expiration of the period of time fixed by the department of parks and recreation of the county for such use and occupancy without charge and such cargo, boats and vessels shall remain on and at such public landing and dock at the expense and risk of the consignee, owner, bailee or custodian thereof. (10-5- 67, § 8; 9-19-02.) Sec. 16-9.Authority to require removal, repair, etc. of bandoned vesselsproperty. (a) Whenever the Ddepartment of parks and recreation, recreation coordinator, park administrator, or their designees or successorsor its agent shall be of the opinion that any vessel has been abandoned or that such, or that any dock, wharf, pier, piling, bulkhead or other structure or vessel might endanger the public health or safety of persons, or might constitute a hazard or obstruction to the lawful use of the waters within or adjoining boat harbor, he shall cause a written notice shall to be mailed by certified mail or delivered to the owner of such dock, wharf, pier, piling, bulkhead or other structure or vessel, directing the owner to remove, repair, or dispose of or secure such property within the time specified in such notice. Any such owner who shall fail to remove, repair, dispose of or secure such property within the time specified in such notice shall be guilty of a Class 1I misdemeanor. Each day's default in the removal, repair, disposal or securing shall constitute a separate offense. In addition, a judge hearing the case may order the owner to remove, repair, dispose of or secure the dock, wharf, pier, piling, bulkhead or other structure or vessel. (b) If the owner fails to remove, repair, dispose or secure such dock, wharf, pier, piling, bulkhead or other structure or vessel within the time specified in the notice given pursuant to this section, the Ddepartment of parks and recreation, recreation coordinator, park administrator, or their designees or successorsor its agent may remove, repair, dispose of or secure such property at the expense of the owner, and the expense shall be chargeable to and paid by the owner of such property or the owner of the property to which any dock, wharf, pier, piling, bulkhead or other structure, hereinafter referred to as "hazard" is attached. Such expense shall be a lien upon such property that was removed, repaired, disposed of or secured, and upon any parcel of land of which the hazard is a part or to which the hazard is affixed or from which it was removed, and upon the owner's other real property in the county, until paid. Such expense shall be reported by the dDepartment of parks and recreation, recreation coordinator, park administrator, or their designees or successorsor its agent to the cCounty tTreasurer, who shall collect the same in the manner in which county taxes levied upon real estate are authorized to be collected. Such lien shall be recorded in the judgment lien docket book in the circuit court of the county, and may also be reduced to a personal judgment against the owner and collected as otherwise provided by law. (c) If the identity or whereabouts of the lawful owner is unknown or not able to be ascertained after a reasonable search and the above-referenced notice has been made to the last known address of any known lawful owner, the dDepartment or its agentof parks and recreation, recreation coordinator, park administrator, or their designees or successors, may cause repairs to be made to such wharf, pier, piling, bulkhead or other structure or vessel, or cause same to be removed and disposed of after giving notice of such repair or removal in a newspaper of general circulation in Isle of Wight County, Virginia. In the event the Ddepartment or its agentof parks and recreation, recreation coordinator, park administrator, or their designees or successors, causes the removal, repair or security of any such wharf, pier, piling, bulkhead or other structure or vessel after complying with the notice provisions of this section, such expense shall be a lien upon such property that was removed, repaired, disposed of or secured, and upon any parcel of land of which the hazard is a part or to which the hazard is affixed or from which it was removed, and upon the owner's other real property in the county, until paid. Such expense shall be reported by the Ddepartment or its agent of parks and recreation, recreation coordinator, park administrator, or their designees or successors, to the Ccounty Ttreasurer, who shall collect the same in the manner in which county taxes levied upon real estate are authorized to be collected. Such lien shall be recorded in the judgment lien docket book in the circuit court of the county, and may also be reduced to a personal judgment against the owner and collected as otherwise provided by law. (10-2-08.) For state law as to authority of the county to regulate abandoned property, see Code of Va., § 15.2-909. Sec. 16-10. Acquiring title to abandoned watercraft. Formatted: Font: (Default) Times New Roman The Department is hereby authorized to acquire title to any watercraft abandoned in or on the Tylers Beach Boat Harbor for a period exceeding sixty (60) days in accordance with Section. 29.1-733.25 of the Code of Virginia (1950, as amended). Adopted this _____ day of ______________________, 2014. Byron B. Bailey, Chairman Board of Supervisors Attest: Carey Mills Storm, Clerk Approved as to Form: Mark C. Popovich County Attorney Formatted: Justified, Indent: Left: 0", First line: 0" Formatted: Font: (Default) Times New Roman Formatted: Space After: 0 pt, Line spacing: single Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Justified, Indent: Left: 0", First line: 0" Motion – Board Retreat, CBM, August 21, 2014 ISSUE: Motion to Approve a Board of Supervisors Retreat Agenda, Invite Members of the Planning Commission to the Retreat, and Disseminate a Citizens Satisfaction Survey BACKGROUND: At its regular meeting on July 17, 2014, the Board directed staff to schedule a retreat for Friday, September 19th, at the Smithfield Center. Staff has developed a draft retreat agenda with potential topics for presentation and discussion for the Board’s review and approval. The Board may wish to consider inviting the Planning Commission to attend the afternoon session of the retreat which will focus on regional growth trends and projections and County growth and development strategies. Staff has also drafted a citizen satisfaction survey and action plan which is recommended to help gauge citizen views about Isle of Wight County including overall quality of life, county government services, amenities, and public communication. With the concurrence of the Board, staff will move forward in distributing the citizen satisfaction survey to the public and present preliminary results at the Board’s Retreat on September 19, 2014. RECOMMENDATION: Adopt a motion to approve the Board Retreat Agenda, invite members of the Planning Commission to the retreat, and disseminate a citizens’ satisfaction survey. ATTACHMENTS: - Draft Agenda - Draft Citizen Satisfaction Survey and Action Plan       Board of Supervisors Annual Retreat September 19, 2014 Smithfield Center Agenda 8:00 – 8:30 a.m. Breakfast 8:30 – 10:30 a.m. Effective Leadership & Governance Jim Campbell, Exec. Dir., Virginia Association of Counties William Quarles, Ret. Board of Supervisors, Goochland County 10:30 – 10:45 a.m. Discussion and Next Steps Board of Supervisors 10:45 – 11:00 a.m. Break 11:00 – 11:15 a.m. Citizen Satisfaction Survey Update Judy Winslow, Director of Tourism 11:15 – 11:45 a.m. Regional Growth Trends & Projections Greg Grootendorst, Chief Economist, Hampton Roads Planning District Commission 11:45 – 12:00 p.m. Discussion Board of Supervisors & Planning Commission 12:00 – 12:45 p.m. Lunch 12:45 – 1:45 p.m. Growth and Development Strategies Richard Rudnicki, Principal Planner & IOW Development Team 1:45 – 2:15 p.m. Discussion Board of Supervisors & Planning Commission 2:15 – 3:00 p.m. Next Steps Board of Supervisors & Planning Commission    1. I _________ in Isle of Wight County: (Please check all that apply.) 2. If you live, work, own a business, or have visited Isle of Wight County, please describe any additional activities you do while you are here? (Ex: post office, DMV, shopping downtown, dining, visiting friends, etc.) 3. If you live, work, own a business, or have visited Isle of Wight County, can you tell us what is especially appealing to you about the county- why you chose Isle of Wight County? 4. When you think of Isle of Wight County, what is the first thing that comes to mind? 5. What would you say is Isle of Wight County’s “reputation?” 6. Do you feel safe in Isle of Wight County? 7. What do you think are Isle of Wight County’s three greatest assets for attracting new businesses, visitors and residents - in order (and please don't include "the people")? 8 What are the three biggest challenges facing Isle of Wight County in attracting visitors, businesses and new residents - in order (and please don't include "the people" as one)? 9. Please imagine a scale from 1-5, where 1 represents the worst possible community in which to live, and 5 represents the best possible community. Where on that scale would you rate Isle of Wight County as a place to LIVE? ISLE OF WIGHT COUNTY CITIZEN SURVEY 2014 1 2 3 4 5 1 Live Work Conduct Business Own a Business Visit What County provided services do you use and how satisfied are you with those services. Please answer on the sliding scale provided. 1-Totally Dissatisfied 2-Dissatisfied 3-Satisfied 4-Very Satisfied 5-Totally Satisfied 10. Refuse/Convenience Centers 11. Refuse/Pick up 12. Drinking Water 13. Sewage Collection 14. Stormwater Drainage 15. Parks 16. Recreational Programming 17. Fire and Emergency Services 18. Law Enforcement/Safety COUNTY GOVERNMENT SERVICES 2 DO NOT USE 1 2 3 4 5 Comments: DO NOT USE 1 2 3 4 5 Comments: DO NOT USE 1 2 3 4 5 Comments: DO NOT USE 1 2 3 4 5 Comments: DO NOT USE 1 2 3 4 5 Comments: DO NOT USE 1 2 3 4 5 Comments: DO NOT USE 1 2 3 4 5 Comments: DO NOT USE 1 2 3 4 5 Comments: DO NOT USE 1 2 3 4 5 Comments: 19. Courts (General District, Circuit, Juvenile and Domestic Relations) 20. Social Services 21. Public Health Programs and Services 22. Public Education 23. Planning, Zoning and Inspections 24. Tourism and Special Events 25. Museums and Cultural Attractions 26. Economic Development/Job Creation 27. Library Programs and Services 28. OTHER COUNTY GOVERNMENT SERVICES (continued) 3 DO NOT USE 1 2 3 4 5 Comments: DO NOT USE 1 2 3 4 5 Comments: DO NOT USE 1 2 3 4 5 Comments: DO NOT USE 1 2 3 4 5 Comments: DO NOT USE 1 2 3 4 5 Comments: DO NOT USE 1 2 3 4 5 Comments: DO NOT USE 1 2 3 4 5 Comments: DO NOT USE 1 2 3 4 5 Comments: DO NOT USE 1 2 3 4 5 Comments: DO NOT USE 1 2 3 4 5 Comments: COUNTY AMENITIES 4 What desired Amenities would you like to see come to/expanded in the County? Entertainment Type? (Movie Theater, Restaurants, Night Life, Museums/Culture, Live Music, Spa, Wi-Fi Hotspots, Community Centers, Art Galleries, OTHER) Shopping Type? (Gourmet Grocery, Home & Garden, Clothing, Appliances, OTHER) Recreation Type? (Camping-tent or RV, Paint Ball, race track, tournament fields/courts, bowling alley, Bike Paths, Marinas, Pool, Nature Centers, Riding Trails, Fishing Piers, Golf Courses, Fitness Paths, Canoe/Kayak, Playgrounds, Picnic Areas, OTHER) Transportation Type? (Commuter rail, bus service, Trolley/street cars, I-Ride, car/cab service, Airport, OTHER) Housing Type? (Townhouses, Condo’s, Trailer Parks, “Live-aboves”, Apartments, Lofts, Houseboats, Assisted Living/Nursing Home, Section 8 Housing, “Affordable” housing, OTHER) OTHER AMENITIES DESIRED: Type? (Gourmet Grocery, Home & Garden, Clothing, Appliances, OTHER) Would you be willing to pay additional taxes/fees for enhanced amenties such as retail, shopping, restaurants, entertainment, etc.? COMMUNICATION 5 Why/Why Not? Have you visited the Counties website? Are you satisfied with the content? Have you watched the Counties PEG Channel (Cable TV)? Are you satisfied with the content? How do you prefer to receive information about/from the County? (Check all that apply) Direct Mail E-Mail Website Charter PEG Channel Traditional Newspaper Smithfield Times Daily Press Tidewater News VA Pilot Social Media Facebook Twitter Instagram SnapChat OTHER Yes No Why/Why Not? Yes No Why/Why Not? Yes No Why/Why Not? OTHER - What “other?” OTHER - What “other?” Yes No YOUR DEMOGRAPHICS 6 Age Gender Race Additional Comments WIFM (What’s In It For Me?) The survey can be taken anonymously but if you would like to give us your email and mailing address and/or phone number, you will be entered into a drawing to win 2 tickets to either the BOB FEST (January) or Smithfield Wine & Brew Fest (April). See www.SmithfieldVAEvents.com for more information. 18-26 27-35 36-45 45-55 55-65 65-75 75+ White Black/African American Hispanic Asian OTHER Anonymous Male Female Name: Email Address: Phone Number:     Citizen Satisfaction Survey    Action Plan      Board Approval of Citizen Satisfaction Survey and Action Plan August 21, 2014    Survey Disseminated        August 25, 2014    Preliminary Results Compiled      September 12, 2014    Preliminary Results Presented at Board Retreat   September 19, 2014    Survey Ends         October 6, 2014    Final Results Compiled      October 10, 2014    Final Survey Results Presented to Board of Supervisors  October 23, 2014      Survey Distribution     How the survey will be distributed:  Electronically   On the County website‐link on the home page  (Survey Monkey).   Link on all County Facebook pages.   Program about it on The County Beat.   Notice with link and paper survey locations in the Community Calendar in the Smithfield Times and  Tidewater News for the 6 week period.   Printed business cards with the link to hand out at front desks, meetings, events and functions during  the survey period.   All County Department distribution lists.   Posters/Flyers/Business Cards regarding the survey will be displayed and available at all County Desks  that service the public.  Printed Copies   Available at the County Information Desk and at Kiosks set up in the Admin Building, Main Building,  Social Services Building, General Services Building, Courts Building.   Available at all Parks & Recreation Outlets   Available at the Visitor Center   Solicited copies at County Hot spots (will require staffing)   o Hot Spots:      Food Lion‐Windsor   Food Lion/Farm Fresh‐Smithfield   Food Lion/Carrollton   Southern End of County – Bradshaw’s Country Store        o Staffing Cost:    Option 1:  20 hours per week X 6 weeks = 120 hours X $9.50/hour = $1,140 + FICA = $1,228  5 hours per week in each location‐Saturdays from 11 a.m. until 4 p.m.    Option 2  38 hours per week X 6 weeks = 228 hours X $9.50/hour = $2,166 + FICA = $2,333  5 hours per week on Saturday from 11 a.m. until 4 p.m.  3 hours per week on Friday from 4 p.m. until 7 p.m.    ISSUE: Matters for the Board’s Information BACKGROUND: The matters attached to this Board report are included as means of providing information to the Board relative to matters of interest. These items do not require any action by the Board. RECOMMENDATION: For the Board’s information. ATTACHMENTS: 1. Monthly Reports: Delinquent Tax Information and Statement of Treasurer’s Accountability 2. Windsor Water Bill 3. Letter from Delegate Rick Morris 4. Litter Pickup Update       MEMORANDUM  TO:  Anne Seward, File  FROM:  Frank Haltom, P.E., Director of General Services   SUBJECT:  County Water System Leak in Windsor  DATE:  August 8, 2014  __________________________________________________________________________    The County purchases water from the Town of Windsor to supply water to the customers of the County. This memorandum serves to summarize the events associated with a recent significant water leak in the County’s water distribution system that uses the Town of Windsor’s water as its source. The leak event occurred over the course of two billing periods and has cost the County $30,740 more than originally budgeted for the fiscal year. The County became aware of the problem upon receiving the water bill from the Town of Windsor on October 8, 2013. Immediately upon receiving the bill, County staff contacted the Windsor Public Utility staff to determine the reason for the abnormally high bill. On that same day, Town and County staff met at the Town’s meter vault to determine if there was a faulty meter. Upon meeting, Windsor staff conveyed they had recognized a large volume of water was going through the system based on the well’s extended pump run-times and the high volume of water that registered on the meter, which is indicative a water leak. However, County staff was never contacted by the Town to address the problem. The County then immediately performed an investigation, located the leak and repaired it the same day the bill was received. Since the Town did not contact the County upon reading the meter, the leak continued into the next billing period. The two bills received by the Town totaled $48,314.50 (first bill =   $28,743; second bill = $ 19,571.50). The annual average bill received by the Town is $2,135.90. See attached spreadsheet for detailed billing information. The County applied and the Town granted a credit of 50% of the volume of water used over the annual average consumption, according to their recent policy adoption. This resulted in a credit of $13,303.55 on the first bill. The Town’s ordinance allows a credit for only one bill per year. Therefore, the County was not eligible to attain a credit for the entire leak event. The Town’s water supply is untreated well water. Since the water is not treated, the Town experiences minimal costs to provide the water. The additional cost burden to the Town due to the leak is mostly restricted to the increased power charges to run the wells. Although this cost is not known it can be estimated the additional costs to the Town is less than $300. Due to this fact, County staff pleaded the Town Council for an additional credit for the second bill for which the leak occurred. The Town denied this request. Therefore, County staff paid the bill. However, the overages on the second bill could have been avoided if the Town staff notified the County of the problem in a timely manner in lieu of waiting until the bill was received. DAMAGES TO THE COUNTY The County could not have forecast the expenses associated with this leak simply due to the magnitude of the volume of water lost over a period of time that spanned two billing cycles. The resulting net amount paid for the two cycles over which the leak occurred was in excess of $35,000.00. The total the County would expect to pay in that time frame would be approximately $4,300. The $30,740 difference in these amounts was therefore not in the County’s budget. In order to lessen the impact of future leaks, staff will perform weekly readings of the County master meters to determine if a high volume of water is passing through the water meters that would indicate a leak or possible misuse of the County water system. MEMORANDUM   TO: Anne F. Seward, County Administrator FROM: Ralph Anderson, Jr. Solid Waste Manager SUBJECT: Litter Pickup Quarterly Update DATE: August 12, 2014 Public Works, with the help of the Western Tidewater Regional Jail Workers, continue to make an effort to keep the county roadways clean. The following is a list of roads where litter was picked up during the months of March thru July: Carroll Bridge Rd: Woodland Dr.to Scott`s Factory Rd. Woodland Dr.: Carroll Bridge Rd to Longview Dr. Oliver Dr.: Benn Church Blvd to Longview Dr. Stave Mill Rd: Windsor Blvd to Cut Thru Rd. Clydesdale Dr.: Courthouse Hwy to Cut Thru Rd. Bowling Green Rd: Turner Dr. to Bob White Rd. Turner Dr.: Benns Church Blvd to Scott`s Factory Rd. Smith`s Neck Rd: Carrollton Blvd to Rescue Rd. Courthouse Hwy: Red House Rd to Iron Mine Springs Rd. Water Works Rd: Magnet Dr. to Mt. Holly Creek Ln. Emmanuel Church Rd: Magnet Dr. to Mill Swamp Rd. The following is a list where litter is scheduled to be picked up during the months of August thru September 2014: Route 10: Courthouse Hwy to Ft. Huger Dr. Old Stage Hwy: Rte 10 to Berry Hill Rd. Berry Hill Rd: Rte 10 to Old Stage Hwy. Foursquare Rd: Courthouse Hwy to Ting Rd. Waterworks Rd: Courthouse Hwy to Mt Holly Creek Ln. Nike Park Rd: Battery Park Rd to Reynolds Dr. Titus Creek Rd: Nike Park Rd to Smith`s Neck Rd. Reynolds Dr.: Brewres Neck Blvd to Smith`s Neck Rd. Scott`s Factory Rd: Courthouse Hwy to Turner Dr. Bethel Church Ln: Waterworks Rd to Blair`s Creek Dr.