October 16th, 2014 Full AgendaA Community of Choice, Committed to Excellence
Agenda
Board of Supervisors
Isle of Wight County
October 16, 2014
1. Call to Order (5:00 p.m.)
2. Closed Meeting
3. Invocation – The Honorable Delores C. Darden/Pledge of Allegiance
(6:00 p.m.)
4. Approval of Agenda
5. Consent Agenda
A. Resolution to Accept and Appropriate Division of Motor Vehicles
(DMV) Highway Safety Project Grant Funds
B. Resolution to Accept and Appropriate Funds from Isle of Wight
Volunteer Rescue Squad for the Purchase of an Ambulance
C. Resolution to Accept and Appropriate Funding from the Virginia Litter
Prevention and Recycling Grant
D. Resolution to Accept and Appropriate Toughbook Mobil Data Terminals
to the Isle of Wight Sheriff’s Office
E. Resolution to Accept and Appropriate Grant Funding from the E-911
Services Board for Regional Online Training and PSAP CAD Projects
A Community of Choice, Committed to Excellence
F. Motion to Authorize Chairman to Execute Sanitary Sewer Order by
Consent
G. Motion to Authorize the County Administrator to Sign Fair
Entertainment Contracts for FY2015-16
H. March 20, 2014 Regular Meeting Minutes
I. April 3, 2014 Budget and Stormwater Management Fee Work Session
Minutes
J. April 17, 2014 Regular Meeting Minutes
6. Regional Reports
7. Appointments
8. Special Presentation/Appearances
A. Introduction of New Assistant County Attorney
B. 2014 Isle of Wight County Fair Report
C. School Division Update
D. VDOT Route 460 Project Update
E. County Profile & Statistical Digest
9. Citizens’ Comments
10. County Attorney Report
A Community of Choice, Committed to Excellence
A. Resolution to Authorize the County Attorney to Petition the Circuit Court
for a Determination That a Special Election Is Not Necessary or Required
to Fill the Commonwealth’s Attorney Vacancy
B. Motion to Authorize the Chairman and/or County Attorney to Execute
Any and All Documents to Effectuate Changes to the Payment
Agreement and Applicable Deed of Trust for Financing Purposes Related
to the Benns Grant Project, Upon Review and Approval of the County
Attorney
11. County Administrator’s Report
A. Staff Report – Citizen Survey Results
B. Staff Report – September Board of Supervisors Retreat Summary and
Growth Plan Feedback
C. Resolution to Establish the Legislative Priority List for the 2015 Session
of the General Assembly
D. Staff Report – Southeastern Public Service Authority (SPSA) – Post
2018 Update
E. Staff Report – Property Acquisition in Support of Carrsville Bridge
Replacement
F. Resolution to Amend Chapter 1: Personnel, Article IV, Section 4.8
Article V, Section 5.0 of the County Policy Manual
G. Staff Report – Fire & Rescue Facility Agreements Update
H. Adopt a Motion to Designate the County’s Voting Delegate and
Alternate for the VACo Annual Meeting
I. Motion to Request Realignment of the Proposed Atlantic Coast Pipeline
12. Unfinished/Old Business
A Community of Choice, Committed to Excellence
13. New Business
14. Informational Items
A. Tax Levies & Collections as of September 2014/Cash
Position/Treasurer’s Accountability Statement
B. VDOT Route 460 Environmental Impact Statement Public Hearing
C. Tyler’s Beach Dredging Update
D. Town of Windsor Water Bill Update
E. Sheriff’s Monthly Activity Report
F. County Website Statistics
G. Charter Cable Rate Adjustment
H. Social Services Monthly Report
I. Letter from Chairman to Western Tidewater Regional Jail Superintendent
Regarding Inmate Workforce Assistance
J. Stormwater Management Fee Credit Manual and Application
15. Adjournment
ISSUE:
Resolution to Accept and Appropriate Division of Motor Vehicles
(DMV) Highway Safety Project Grant Funds
BACKGROUND:
The Isle of Wight County Sheriff’s Office is submitting an application
for the DMV Highway Safety Project Grant based on an award letter
notification. This is a grant opportunity that the Sheriff’s Office
applies for annually with an emphasis on highway safety.
Funding from this grant provides overtime compensation for speed
enforcement and checkpoint operations, corresponding equipment, and
fuel and vehicle maintenance expenses. The availability of funds is
contingent on the release of federal funds to the Commonwealth of
Virginia and on the completion of required training by the project
director and the fiscal contact responsible for management of the grant.
BUDGETARY IMPACT:
Adoption of the attached resolution will increase anticipated revenues
and expenditures by the amount of the grant funding received. The total
grant allocation is $48,151.50. The DMV will provide $32,101 and the
County is responsible for match funding in the amount of $16,050.50.
The required match funding is available in the Sheriff’s Office Operating
Budget.
RECOMMENDATION:
Adopt a resolution to accept and appropriate funding for the DMV
Highway Safety Project grant.
ATTACHMENT:
Resolution
RESOLUTION TO ACCEPT AND APPROPRIATE GRANT
FUNDS FROM THE VIRGINIA DIVISION OF MOTOR
VEHICLES FOR THE HIGHWAY SAFETY PROJECT GRANT
WHEREAS, the Board of Supervisors of Isle of Wight County has
authorized an application for funding for the Virginia Division of Motor
Vehicles Highway Safety Project Grant; and,
WHEREAS, the grant funds in the amount of thirty-two thousand one
hundred and one dollars ($32,101) from the Virginia Division of Motor
Vehicles needs to be accepted and appropriated to the FY 2014-15 Grant Funds
Budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of the County of Isle of Wight that grant funds in the
amount of thirty-two thousand one hundred and one ($32,101), or so much as
shall be received from the Virginia Division of Motor Vehicles be appropriated
to the appropriate line item in the FY 2014-15 Grant Funds Budget of the
County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight is authorized to make the appropriate accounting
adjustments and to do all things necessary to give this resolution effect.
Adopted this 16th day of October, 2014.
Byron B. Bailey, Chairman
Carey Mills Storm, Clerk
Approved as to form:
Mark Popovich, County Attorney
October 16, 2014/asc/Funds Received from IOWVRS for the Purchase of an Ambulance
ISSUE:
Resolution to Accept and Appropriate Funds from Isle of Wight Volunteer
Rescue Squad for the Purchase of an Ambulance
BACKGROUND:
The current fiscal year’s General Operating and Capital Budget included
capital funding to replace an ambulance currently in service at Isle of Wight
Volunteer Rescue Squad (IOWVRS). Capital funding in the amount of two
hundred twenty thousand dollars ($220,000) was budgeted for the replacement.
The ambulance has been procured and the actual cost is two hundred twenty-
eight thousand eight hundred and fifty dollars ($228,850). IOWVRS has
submitted a check to the County for the eight thousand eight hundred and fifty
dollars ($8,850) over and above the budgeted amount for the purchase.
BUDGET IMPACT:
The acceptance and appropriation of these funds will increase the FY2014-15
Capital Budget by the eight thousand eight hundred and fifty dollars ($8,850)
received.
RECOMMENDATION:
Adopt a resolution to accept and appropriate the funds to the FY2014-15
Capital Budget.
ATTACHMENT:
Resolution
October 16, 2014/asc/Funds Received from IOWVRS for the Purchase of an Ambulance
RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE ISLE
OF WIGHT VOLUNTEER RESCUE SQUAD FOR THE PURCHASE OF AN
AMBULANCE
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia has
budgeted two hundred twenty thousand dollars ($220,000) for the replacement of an
ambulance currently in service at Isle of Wight Volunteer Rescue Squad (IOWVRS);
and,
WHEREAS, the ambulance has been procured and the actual cost will be two
hundred twenty-eight thousand eight hundred and fifty dollars ($228,850); and,
WHEREAS, Isle of Wight Volunteer Rescue Squad (IOWVRS) is providing the
additional needed funding for the purchase; and
WHEREAS, IOWVRS has submitted a check to the County for eight thousand
eight hundred and fifty dollars ($8,850) which needs to be accepted and appropriated to
the appropriate line items in the FY2014-15 Capital 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, Virginia that the eight thousand eight hundred
and fifty dollars ($8,850) received from IOWVRS be accepted and appropriated to the
FY2014-15 Capital Budget.
BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight
County, Virginia is authorized to make the appropriate accounting adjustments in the
budget and to do all things necessary to give this resolution effect.
Adopted this 16th day of October, 2014.
Byron B. Bailey, Chairman
Carey Mills-Storm, Clerk
Approved as to form:
___________________________
Mark Popovich, County Attorney
October 16, 2014/rra/ Litter Grant
ISSUE:
Resolution to Accept and Appropriate Funding from the Virginia Litter
Prevention and Recycling Grant
BACKGROUND:
The Virginia Department of Environmental Quality (DEQ) provides
funds for litter prevention and recycling grants to localities under a
non-competitive grant program based on population and road miles.
These grants have been awarded for local litter prevention and
recycling program implementation, continuation, and/or expansion.
The County has been awarded $9,811. This grant will provide
continued funding for the County’s Isle Be Green Litter Prevention and
Recycling Program. Isle of Wight County matching funds are not
required.
BUDGETARY IMPACT:
The grant award will increase revenues and expenses in the Grants
Fund to support the County’s litter prevention and recycling program.
RECOMMENDATION:
Adopt a resolution to accept and appropriate funding for the Virginia
Litter Prevention and Recycling Grant.
ATTACHMENTS:
- Resolution
- FY 2015 Grant Award Letter
October 16, 2014/rra/ Litter Grant -Resolution
RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM
THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY FOR
THE VIRGINIA LITTER PREVENTION AND RECYCLING GRANT
WHEREAS, the Virginia Department of Environmental Quality provides
funds for litter prevention and recycling grants to localities; and,
WHEREAS, the Board of Supervisors of Isle of Wight County has authorized
funding from the Virginia Litter Prevention and Recycling Grant; and,
WHEREAS, the Department of Environmental Quality has awarded $9,811
in grant funds to Isle of Wight County to support the County’s litter prevention and
recycling programs, and said funds must be accepted and appropriated to the Grants
Fund Budget of Isle of Wight County, Virginia for fiscal year 2015; and,
WHEREAS, acceptance does not require matching funds by the County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of Isle of Wight County, Virginia that nine thousand eight
hundred eleven dollars ($9,811), or as much as shall be received, in grant funds
received from the Department of Environmental Quality be accepted and
appropriated to the appropriate line item in the fiscal year 2015 Grants Fund Budget
of Isle of Wight County.
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 16th day of October, 2014.
Byron B. Bailey, Chairman
Carey Mills Storm, Clerk
Approved as to Form:
______________________________
Mark C. Popovich, County Attorney
ISSUE:
Resolution to Accept and Appropriate Toughbook Mobil Data Terminals
to the Isle of Wight Sheriff’s Office
BACKGOUND:
The Sheriff’s Office has received ten (10) Toughbook Computers as a
donation from Prince William County, Virginia. This donation will
allow the sheriff to replace 10 existing Mobil Data Terminal (MDT)
since the units are older than the donated ones.
The donation creates a significant savings for the County. New
Toughbook computers cost about $3000 per unit. The current cost to put
each of the donated computers in service is just over $200 per unit and
any refurbishing required can be performed in-house.
BUDGETARY IMPACT:
The total cost for all units to have Windows OS, OSSI licensing and
possible memory upgrade so County can refurbish them is approximately
$1100. This amount has been addressed within the Sheriff’s operating
budget; therefore, there is no budgetary impact.
RECOMMENDATION:
Adopt a resolution to accept the donated Toughbook Computers to the
Sheriff’s Office.
ATTACHMENTS:
- Resolution
- Supporting documentation re: MBT’s
RESOLUTION TO ACCEPT TEN TOUGHBOOK COMPUTERS
FROM PRINCE WILLIAM COUNTY, VIRGINIA TO THE ISLE
OF WIGHT COUNTY SHERIFF’S OFFICE
WHEREAS, the County of Prince William, Virginia has donated ten
(10) Toughbook computers to the Isle of Wight County Sheriff’s Office; and,
WHEREAS, the donation of these computers will allow the Isle of
Wight County Sheriff’s Office to replace 10 existing Mobil Data Terminal
(MDT) units at a significant cost savings to the County; and,
WHEREAS, the donated equipment needs to be accepted by the Board
of Supervisors.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight accepts ten (10)
Toughbook computers from the County of Prince William, Virginia.
Adopted this 16th day of October, 2014.
Byron B. Bailey, Chairman
Carey Mills Storm, Clerk
Approved as to form:
Mark Popovich, County Attorney
Toughbooks - Lisa Martin Page 1 of 1
Toughbooks
JD Turner
Wed 7/23/2014 1:34 PM
Tolisa Martin <lmartin@isleofwightus.net>;
i) 1 attachment
Sample.docx;
Attaching the serial numbers and a form template to accept these Toughbook's...
Model: CF-19FMGC6AM with car docks
1)8LKYB28700
2)8LKYB28917
3)8LKYB28759
4)8LKYB28856
5)8LKYB28403
6)8LKYB28802
7)8LKYB28524
8)8LKYB28728
9)8LKYB28397
10)8LKYB28862
Original MSRP is $3000. Current refurbished price is $799 each plus $100 for the dock. These were
received at no charge from Prince William County. This will allow most street officers to have a MDT
since we did not have enough to go around. The only cost is Windows OS and possible memory
upgrade so ES-IT can refurbish them in house.
JDTurner
IT Tech II
Isle of Wight County
Emergency Services
(757)3656250
https://outlook.office365.com/owa/ 7/23/2014
ISSUE:
Resolution to Accept and Appropriate Grant Funding from the E-911
Services Board for Regional Online Training and PSAP CAD Projects
BACKGROUND:
The Isle of Wight County Emergency Communications Division has
been awarded FY15 PSAP Grants in the amounts of $180,000 for a
regional online training project and $16,820.91 for an individual PSAP
CAD project. This is a grant opportunity that is available to the
Emergency Communications Center with an emphasis on training and
PSAP Computer Aided Dispatch (CAD) project.
BUDGETARY IMPACT:
The total grant allocation is $196,820.91 and will increase the revenues
and expenditures of the Grant Fund Budget accordingly. There are no
matching funds required with this grant.
RECOMMENDATION:
Adopt a resolution to accept and appropriate grant funding from the E-
911 Services Board for regional online training and PSAP CAD projects.
ATTACHMENT:
Resolution
RESOLUTION TO ACCEPT AND APPROPRIATE GRANT
FUNDS FROM THE VIRGINIA E-911 SERVICES BOARD FOR
REGIONAL ONLINE TRAINING AND PSAP CAD PROJECTS
WHEREAS, the Isle of Wight County has received grant funding from the
Virginia E-911 Services Board in the amounts of $180,000 for a regional
online training project and $16,820.91 for an individual PSAP CAD project;
and,
WHEREAS, the grant funds in the amount of one hundred ninety six
thousand eight hundred and twenty dollars and ninety one cents ($196,820.91),
or so much as shall be received from the Virginia E-911 Services Board needs
to be accepted and appropriated to the FY 2014-15 Grants Fund Budget of the
County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of the County of Isle of Wight that grant funds in the
amount of one hundred ninety six thousand eight hundred and twenty dollars
and ninety one cents ($196,820.91), or so much as shall be received from the
Virginia E-911 Services Board be appropriated to the appropriate line item in
the FY 2014-15 Grants Fund Budget of the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight is authorized to make the appropriate accounting
adjustments and to do all things necessary to give this resolution effect.
Adopted this 16th day of October, 2014.
Byron B. Bailey, Chairman
Carey Mills Storm, Clerk
Approved as to form:
__________________________________
Mark Popovich, County Attorney
October 16, 2014/fah/Sanitary Sewer Order By Consent
ISSUE:
Motion to Authorize Chairman to Execute Sanitary Sewer Order by
Consent
BACKGROUND:
In September 2013, the County joined other localities in Hampton
Roads and requested the Hampton Roads Sanitation District (HRSD)
consider a regional approach to reduce sanitary sewer overflows due
to capacity deficiencies as a solution to the Special Order by Consent
(SOBC) issued by the State Water Control Board in September 2007.
As a result, in March 2014, a regional Memorandum of Agreement
(MOA) was adopted by all localities and HRSD whereby HRSD
assumed sole responsibility for drafting, funding, and implementing
the Regional Wet Weather Management Plan (“RWWMP”) and the
localities agreed to support the modification of the 2007 Order.
As the responsibility for the RWWMP has been transferred to HRSD
solely, the RWWMP requirements and conditions contained in the
SOBC, as amended, are no longer applicable to the localities.
Proper management, operation, and maintenance of sanitary sewer
infrastructure must continue to be conducted by the localities to
prevent dry weather unpermitted sanitary sewer overflows and to
ensure compliance with the referenced statutory and regulatory
provisions. Pursuant to the 2007 SOBC, the localities developed
Management, Operations and Maintenance (MOM) Plans for DEQ’s
approval and implementation. This order serves to formalize the
localities’ commitment to continue to implement and follow their
accepted and approved, individual MOM programs.
BUDGETARY IMPACT:
None.
October 16, 2014/fah/Sanitary Sewer Order By Consent
RECOMMENDATION:
Motion to authorize the Chairman to execute the Special Order by
Consent.
ATTACHMENTS:
State Water Control Board Enforcement Action - Order by Consent
COMMONWEALTH of VIRGINIA
DEPARTMENT OF ENVIRONMENTAL QUALITY
Street address: 629 East Main Street, Richmond, Virginia 23219
Mailing address: P.O. Box 1105, Richmond, Virginia 23218 www.deq.virginia.gov
Molly Joseph Ward
Secretary of Natural Resources David K. Paylor
Director
(804) 698-4000
1-800-592-5482 STATE WATER CONTROL BOARD
ENFORCEMENT ACTION - ORDER BY CONSENT
ISSUED TO
the cities of CHESAPEAKE, HAMPTON, NEWPORT NEWS, NORFOLK, POQUOSON,
PORTSMOUTH, SUFFOLK, VIRGINIA BEACH, and WILLIAMSBURG; the counties of
GLOUCESTER, ISLE OF WIGHT, and YORK; the JAMES CITY SERVICE
AUTHORITY; and the town of SMITHFIELD
SECTION A: Purpose
This is a Consent Order issued under the authority of Va. Code § 62.1-44.15, between the
State Water Control Board and the cities of Chesapeake, Hampton, Newport News, Norfolk,
Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the counties of Gloucester,
Isle of Wight, and York; the James City Service Authority; and the town of Smithfield (the
“Localities” collectively or “Locality” separately) for the purpose of resolving certain violations
of the State Water Control Law and the applicable regulation and to supersede and cancel those
certain Orders by Consent between the Board, the Hampton Roads Sanitation District (HRSD)
and the Localities.
SECTION B: Definitions
Unless the context clearly indicates otherwise, the following words and terms have the
meaning assigned to them below:
1. “Board” means the State Water Control Board, a permanent citizens’ board of the
Commonwealth of Virginia, as described in Va. Code §§ 10.1-1184 and 62.1-44.7.
2. “Department” or “DEQ” means the Department of Environmental Quality, an agency of
the Commonwealth of Virginia, as described in Va. Code § 10.1-1183.
3. “Director” means the Director of the Department of Environmental Quality, as described
in Va. Code § 10.1-1185.
4. “Discharge” means discharge of a pollutant. 9 VAC 25-31-10
2
5. “Discharge of a pollutant” when used with reference to the requirements of the VPDES
permit program means:
(a) Any addition of any pollutant or combination of pollutants to surface waters from
any point source; or
(b) Any addition of any pollutant or combination of pollutants to the waters of the
contiguous zone or the ocean from any point source other than a vessel or other
floating craft which is being used as a means of transportation.
6. “HRSD” means the Hampton Roads Sanitation District, a political subdivision created by
a 1940 Act of the General Assembly of Virginia and charged with the responsibility to
provide sewage treatment services for the communities in the Hampton Roads
metropolitan area. HRSD is a “person” within the meaning of Va. Code §62.1-44.3.
7. “MOM” means management, operations, and maintenance.
8. “Order” means this document, also known as a “Consent Order” or “Order by Consent,”
a type of Special Order under the State Water Control Law.
9. “Pollutant” means dredged spoil, solid waste, incinerator residue, filter backwash,
sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials,
radioactive materials (except those regulated under the Atomic Energy Act of 1954, as
amended (42 USC § 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand,
cellar dirt and industrial, municipal, and agricultural waste discharged into water. 9 VAC
25-31-10
10. “Pollution” means such alteration of the physical, chemical, or biological properties of
any state waters as will or is likely to create a nuisance or render such waters (a) harmful
or detrimental or injurious to the public health, safety, or welfare or to the health of
animals, fish, or aquatic life; (b) unsuitable with reasonable treatment for use as present
or possible future sources of public water supply; or (c) unsuitable for recreational,
commercial, industrial, agricultural, or other reasonable uses, provided that (i) an
alteration of the physical, chemical, or biological property of state waters or a discharge
or deposit of sewage, industrial wastes or other wastes to state waters by any owner
which by itself is not sufficient to cause pollution but which, in combination with such
alteration of or discharge or deposit to state waters by other owners, is sufficient to cause
pollution; (ii) the discharge of untreated sewage by any owner into state waters; and (iii)
contributing to the contravention of standards of water quality duly established by the
Board, are “pollution.” Va. Code § 62.1-44.3
11. “Regulation” means the VPDES Permit Regulation, 9 VAC 25-31-10 et seq.
12. “Sanitary sewer collection system” or “Facility” means those sewer assets individually
owned by a Locality.
3
13. “Significant Defect” means a physical condition in the sanitary sewer collection system,
including (i) existing or imminent structural failures, cave-ins, and similar defects and (ii)
significant sources of inflow and infiltration (including but not limited to missing and/or
damaged public clean-outs, missing manhole inserts, direct storm water connections, and
unsealed manhole pipe penetrations).
14. “State Water Control Law” means Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the
Va. Code.
15. “State waters” means all water, on the surface and under the ground, wholly or partially
within or bordering the Commonwealth or within its jurisdiction, including wetlands.
Va. Code § 62.1-44.3
16. “STP” means sewage treatment plant.
17. “TRO” means the Tidewater Regional Office of DEQ, located in Virginia Beach,
Virginia.
18. “Va. Code” means the Code of Virginia (1950), as amended.
19. “VAC” means the Virginia Administrative Code.
20. “VPDES” means Virginia Pollutant Discharge Elimination System.
SECTION C: Findings of Fact and Conclusions of Law
1. HRSD owns and operates an interceptor sewer system, which includes both gravity and
force mains, and nine (9) STPs, which serve the Hampton Roads area (HRSD System).
Discharges of treated wastewater from the STPs into State waters are regulated by VPDES
permits issued by the Board.
2. The Localities individually own and operate sanitary sewer collection systems which
collect sewage within their individual jurisdictional boundaries and deliver it to the HRSD
System for treatment.
3. Due to pipe breaks, electrical outages, infiltration and inflow, insufficient capacity in the
collection, interceptor and treatment systems, and other factors, untreated sewage has been
and is being discharged from various locations in the individual sanitary sewer collection
systems of the Localities and HRSD to various state waters in the area. The low-lying
nature of the Hampton Roads region and corresponding high groundwater table, together
with periodic widespread flooding in the region's urbanized areas, are significant factors
contributing to the discharge of untreated sewage.
4. Infiltration and inflow due to system age, damage by contractors working in public rights-
of-way, grease, and limited root intrusion problems have historically resulted in instances
of backups, malfunction or rupture, resulting in overflows of untreated sewage from
various locations in the Norfolk sanitary sewer collection system and the HRSD System.
4
5. Section 62.1-44.5.A of the Code and the Regulation at 9 VAC 25-31-50.A prohibit the
discharge of sewage to state waters except as authorized by a permit issued by the Board.
The Board has not issued the Localities permits authorizing said discharges of untreated
sewage. Accordingly, the Board finds that the Localities have violated Va. Code § 62.1-
44.5.A and 9 VAC 25-31-50.A.
6. Notwithstanding the foregoing, the City of Norfolk entered into two Orders by Consent with
HRSD and the Board effective December 17, 2001 and March 17, 2005. The 2001 Consent
Order comprehensively addressed sanitary sewer overflows by requiring development of
collection system plans, expenditure of $13.5 million on capital improvements and system
operation, and completion of a Sanitary Sewer Evaluation Survey and a gravity line
inspection program in the City of Norfolk. The 2005 Consent Order required HRSD and
Norfolk to, among other things, address wet weather issues in the City of Norfolk with a
Long Term Control Plan requiring a minimum annual investment in sewer infrastructure.
Norfolk has invested over $100 million in the Norfolk System and is in compliance with
the prior Consent Orders.
7. To address the unpermitted discharge of sewage due to wet weather occurrences, the Board
entered into an Order by Consent with HRSD and the Localities (excluding Norfolk)
effective September 26, 2007. This Order by Consent, as amended, requires that HRSD
and the Localities (excluding Norfolk) jointly develop a Regional Wet Weather
Management Plan (“RWWMP”) that identifies, quantifies, prioritizes, and proposes a
schedule for implementing regional sewer system enhancements among other things.
8. To address regional wet weather sewer capacity requirements, on February 23, 2010,
HRSD, DEQ, and the United States Environmental Protection Agency entered into a
Federal Consent Decree. The Federal Consent Decree requires, among other things, that
HRSD work in consultation with the Localities (excluding Norfolk) to develop a RWWMP
that will ensure adequate wet weather sewer capacity in HRSD’s portion of the regional
sewer system.
9. During the ongoing planning for the RWWMP, HRSD and the Localities researched the
most cost effective and practical means for development and implementation of the
RWWMP. The studies resulted in unanimous support of an alternate regionalization
approach whereby HRSD would take responsibility for regional wet weather capacity.
Under this approach, HRSD will assume sole responsibility for drafting, funding, and
implementing the RWWMP without assuming ownership of Locality sewer system assets.
The approach was formally adopted by all the Localities and HRSD through a regional
Memorandum of Agreement dated March 10, 2014. The Memorandum of Agreement
creates mutually enforceable obligations by and between HRSD and each of the Localities
to facilitate the agreed‐upon regionalization approach. The Memorandum of Agreement and
HRSD’s Federal Consent Decree work in conjunction with this Order by Consent to form
a coordinated regional approach to providing and maintaining regional wet weather
capacity.
5
10. On August 26, 2014, the United States Environmental Protection Agency amended the
Federal Consent Decree to reflect the alternate regionalization plan specifying HRSD’s
responsibility to develop, fund and implement the RWWMP.
11. As the responsibility for the RWWMP has been transferred to HRSD solely, the RWWMP
requirements and conditions contained in the Order by Consent, as amended, are no longer
applicable to the Localities.
12. Proper management, operation, and maintenance of sanitary sewer infrastructure must
continue to be conducted by Localities to prevent dry weather unpermitted sanitary sewer
overflows and to ensure compliance with the referenced statutory and regulatory provisions.
Under their 2001 and 2005 Consent Orders, Norfolk developed a collection system (i.e. a
MOM) plan, which was accepted by DEQ and implemented. Pursuant to the 2007 Order
by Consent, the Localities (excluding Norfolk) developed MOM plans for DEQ approval
and implementation. This order serves to formalize the Localities’ commitment to continue
to implement and follow their accepted and/or approved, individual MOM programs.
SECTION D: Agreement and Order
By virtue of the authority granted it in Va. Code § 62.1-44.15, the Board orders each
Locality, and each Locality agrees from the effective date of this Order forward, to implement a
MOM program designed to maintain and operate Locality-owned collection system assets in
accordance with industry-accepted practices relating to sewer inspection, evaluation and repair of
Significant Defects (not scheduled to be addressed by the RWWMP and excluding those for
which HRSD is responsible pursuant to the Federal Consent Decree as amended) and that at
minimum includes the parameters described in Appendix A of this Order. The MOM program
must document the MOM program elements used to manage each Locality’s sewer system and
minimize unpermitted sanitary sewer overflows. The MOM program shall include a sanitary
sewer overflow response plan and quantifiable parameters for assessing program
implementation. Throughout the life of the MOM program, a meaningful set of enforceable
quantitative performance measures must be maintained. Performance assessment measures may
be added, deleted, and/or modified if such revision results in a better assessment of the
performance and effectiveness of the MOM program.
The Board and the Localities understand and agree that the requirements in this Order are
the individual obligations of each party named in the Order, and no party shall be liable for
noncompliance of another party with the requirements of this Order. Further the Board and the
Localities understand and agree that this Order supersedes and terminates the Order by Consent
issued by the Board on September 26, 2007, December 17, 2001 and March 17, 2005.
SECTION E: Administrative Provisions
1. The Board may modify, rewrite, or amend this Order with the consent of the Localities
for good cause shown by the Localities, or on its own motion pursuant to the
Administrative Process Act, Va. Code § 2.2-4000 et seq., after notice and opportunity to
be heard.
6
2. This Order addresses and resolves all system overflows and releases from the sewer
systems owned by the Localities and known or reported to the DEQ up to the date of
execution of this Order by the Localities. This Order shall not preclude the Board or the
Director from taking any action authorized by law, including but not limited to: (a)
taking any action authorized by law regarding any additional, subsequent, or
subsequently discovered violations; (b) seeking subsequent remediation of the facility; or
(c) taking subsequent action to enforce the Order.
3. For purposes of this Order and subsequent actions with respect to this Order only, the
Localities admit to the jurisdictional allegations, and agree not to contest, but neither
admit nor deny the findings of fact and conclusions of law in this Order.
4. The Localities consent to venue in the Circuit Court of the City of Richmond for any civil
action taken to enforce the terms of this Order.
5. The Localities declare they have received fair and due process under the Administrative
Process Act and the State Water Control Law and waive the right to any hearing or other
administrative proceeding authorized or required by law or regulation, and to any judicial
review of any issue of fact or law contained herein. Nothing herein shall be construed as
a waiver of the right to any administrative proceeding for, or to judicial review of, any
action taken by the Board to modify, rewrite, amend, or enforce this Order.
6. Failure by any Locality to comply with its respective individual obligations under the
terms of this Order shall constitute a violation of an order of the Board by the party who
fails to comply. Nothing herein shall waive the initiation of appropriate enforcement
actions or the issuance of additional orders as appropriate by the Board or the Director as
a result of such violations. Nothing herein shall affect appropriate enforcement actions
by any other federal, state, or local regulatory authority. The Localities do not waive any
rights or objections they may have in any enforcement action by other federal, state, or
local authorities arising out of the same or similar facts to those recited in this Order.
7. If any provision of this Order is found to be unenforceable for any reason, the remainder
of the Order shall remain in full force and effect.
8. The Localities shall be responsible for failure to comply with their individual obligations
under this Order unless compliance is made impossible by earthquake, flood, other acts
of God, war, strike, or such other unforeseeable circumstances beyond their control and
not due to a lack of good faith or diligence on their part. The Locality claiming this
defense shall demonstrate that such circumstances were beyond its control and not due to
a lack of good faith or diligence on its part. The Locality shall notify the DEQ Regional
Director verbally within 24 hours and in writing within three business days when
circumstances are anticipated to occur, are occurring, or have occurred that may delay
compliance or cause noncompliance with any requirement of the Order. Such notice
shall set forth:
a. the reasons for the delay or noncompliance;
7
b. the projected duration of any such delay or noncompliance;
c. the measures taken and to be taken to prevent or minimize such delay or
noncompliance; and
d. the timetable by which such measures will be implemented and the date full
compliance will be achieved.
9. Failure to so notify the Regional Director verbally within 24 hours and in writing within
three business days, of learning of any condition above, which the parties intend to assert will
result in the impossibility of compliance, shall constitute a waiver of any claim to inability to
comply with a requirement of this Order.
10. This Order is binding on the parties hereto and any successors in interest, designees and
assigns, jointly and severally.
11. This Order shall become effective upon execution by both the Director or his designee and
the Localities.
12. This Order shall continue in effect until:
a. The Director or his designee terminates the Order after the Localities have
completed all of the requirements of the Order;
b. The Localities petition the Director or his designee to terminate the Order after
they have completed all of the requirements of the Order and the Director or his
designee approves the termination of the Order; or
c. The Director or Board terminates the Order in his or its sole discretion upon thirty
(30) days’ written notice to the Localities.
13. Termination of this Order, or any obligation imposed in this Order, shall not operate to
relieve each Locality from its obligation to comply with any statute, regulation, permit
condition, other order, certificate, certification, standard, or requirement otherwise
applicable.
14. The undersigned representative of each Locality certifies that he or she is a responsible
official authorized to enter into the terms and conditions of this Order and to execute and
legally bind the Locality to this document. Any documents to be submitted pursuant to this
Order shall also be submitted by a responsible official of the Locality.
15. This Order constitutes the entire agreement and understanding of the parties concerning
settlement of the violations identified in Section C of this Order; and there are no
representations, warranties, covenants, terms or conditions agreed upon between the parties
other than those expressed in this Order.
8
By their signatures below, the Localities voluntarily agrees to the issuance of this Order.
And it is so ORDERED this day of , 2014.
Maria Nold, Regional Director
Department of Environmental Quality
-----------------------------(Remainder of Page Intentionally Blank)-----------------------------
9
The terms and conditions of the Order are voluntarily accepted by:
Date: _______________ By: __________________________
City Manager
Commonwealth of Virginia
City of Chesapeake
The foregoing instrument was acknowledged before me this ____ day of ______ by
_____________________, City Manager, on behalf of the City of Chesapeake.
______________________
Notary Public
My commission expires:
10
The terms and conditions of the Order are voluntarily accepted by:
Date: _______________ By: __________________________
City Manager
Commonwealth of Virginia
City of Hampton
The foregoing instrument was acknowledged before me this ____ day of ______ by
_____________________, City Manager, on behalf of the City of Hampton.
______________________
Notary Public
My commission expires:
11
The terms and conditions of the Order are voluntarily accepted by:
Date: _______________ By: __________________________
City Manager
Commonwealth of Virginia
City of Newport News
The foregoing instrument was acknowledged before me this ____ day of ______ by
_____________________, City Manager, on behalf of the City of Newport News.
______________________
Notary Public
My commission expires:
12
The terms and conditions of the Order are voluntarily accepted by:
Date: _______________ By: __________________________
City Manager
Commonwealth of Virginia
City of Norfolk
The foregoing instrument was acknowledged before me this ____ day of ______ by
_____________________, City Manager, on behalf of the City of Norfolk.
______________________
Notary Public
My commission expires:
13
The terms and conditions of the Order are voluntarily accepted by:
Date: _______________ By: __________________________
City Manager
Commonwealth of Virginia
City of Poquoson
The foregoing instrument was acknowledged before me this ____ day of ______ by
_____________________, City Manager, on behalf of the City of Poquoson.
______________________
Notary Public
My commission expires:
14
The terms and conditions of the Order are voluntarily accepted by:
Date: _______________ By: __________________________
City Manager
Commonwealth of Virginia
City of Portsmouth
The foregoing instrument was acknowledged before me this ____ day of ______ by
_____________________, City Manager, on behalf of the City of Portsmouth.
______________________
Notary Public
My commission expires:
15
The terms and conditions of the Order are voluntarily accepted by:
Date: _______________ By: __________________________
City Manager
Commonwealth of Virginia
City of Suffolk
The foregoing instrument was acknowledged before me this ____ day of ______ by
_____________________, City Manager, on behalf of the City of Suffolk.
______________________
Notary Public
My commission expires:
16
The terms and conditions of the Order are voluntarily accepted by:
Date: _______________ By: __________________________
City Manager
Commonwealth of Virginia
City of Virginia Beach
The foregoing instrument was acknowledged before me this ____ day of ______ by
_____________________, City Manager, on behalf of the City of Virginia Beach.
______________________
Notary Public
My commission expires:
17
The terms and conditions of the Order are voluntarily accepted by:
Date: _______________ By: __________________________
City Manager
Commonwealth of Virginia
City of Williamsburg
The foregoing instrument was acknowledged before me this ____ day of ______ by
_____________________, City Manager, on behalf of the City of Williamsburg.
______________________
Notary Public
My commission expires:
18
The terms and conditions of the Order are voluntarily accepted by:
Date: _______________ By: __________________________
County Administrator
Commonwealth of Virginia
County of Gloucester
The foregoing instrument was acknowledged before me this ____ day of ______ by
_____________________, County Administrator, on behalf of the County of Gloucester.
______________________
Notary Public
My commission expires:
19
The terms and conditions of the Order are voluntarily accepted by:
Date: _______________ By: __________________________
County Administrator
Commonwealth of Virginia
County of Isle of Wight
The foregoing instrument was acknowledged before me this ____ day of ______ by
_____________________, County Administrator, on behalf of the County of Isle of Wight.
______________________
Notary Public
My commission expires:
20
The terms and conditions of the Order are voluntarily accepted by:
Date: _______________ By: __________________________
County Administrator
Commonwealth of Virginia
County of York
The foregoing instrument was acknowledged before me this ____ day of ______ by
_____________________, County Administrator, on behalf of the County of York.
______________________
Notary Public
My commission expires:
21
The terms and conditions of the Order are voluntarily accepted by:
Date: _______________ By: __________________________
General Manager
Commonwealth of Virginia
James City Service Authority
The foregoing instrument was acknowledged before me this ____ day of ______ by
_____________________, General Manager, on behalf of the James City Service Authority.
______________________
Notary Public
My commission expires:
22
The terms and conditions of the Order are voluntarily accepted by:
Date: _______________ By: __________________________
Town Manager
Commonwealth of Virginia
Town of Smithfield
The foregoing instrument was acknowledged before me this ____ day of ______ by
_____________________, Town Manager, on behalf of the Town of Smithfield.
______________________
Notary Public
My commission expires:
23
APPENDIX A
MOM Program
The following are guidelines that provide the minimum components to be included in a MOM
Program:
1. Major program goals
a. Proper management, operation, and maintenance of the collections system over
which you have operational control,
b. Stop/reduce and mitigate the impact of SSO in the portion of the collection system
over which you have operational control,
c. Providing notification to parties with a reasonable potential for exposure to
pollutants associated with SSO events.
2. Organization
a. Administrative and maintenance positions responsible for implementing measures
in the MOM program, including lines of authority by organization chart or similar
documents
b. The chain of communication for reporting SSOs
3. Legal Authority (i.e., sewer use ordinances, service agreements or other legally binding
documents)
a. List legal authority to control infiltration and connections from inflow sources
b. List legal authority that requires that sewers and connections be properly
designed and constructed
c. List legal authority to ensure proper installation, testing, and inspection of
new and rehabilitated sewers (collector lines or service laterals)
4. Measures and Activities (address applicable elements and identify the person/position
responsible for each element)
a. Provide adequate maintenance facilities and equipment
b. Maintenance of a map of the collection system
c. Management of information and use of timely, relevant information to establish
and prioritize appropriate MOM activities and identify and illustrate trend in
overflows (frequency and volume)
d. Routine preventive operation and maintenance activities
e. Identification and prioritization of structural deficiencies and identification and
Implementation of short-term and long-term rehabilitation actions to address
deficiencies
f. Appropriate training on a regular basis
g. Equipment and replacement parts inventories including identification of critical
replacement parts.
24
5. Design and Performance Provision
a. Requirements and standards for the installation of new sewers, pumps
and other appurtenances, and rehabilitation and repair projects
b. Procedures and specifications for inspecting and testing the installation of new
sewers, pumps, and other appurtenances and for rehabilitation and repair projects
6. Monitoring, Measurement and Program Modifications
a. Monitor the implementation and, where appropriate, measure the effectiveness
of each element of your MOM program
b. Update program elements as appropriate based on monitoring or performance
evaluations
7. Overflow Emergency Response Plan (Plan must identify measures to protect public health
and the environment)
a. Ensure you are made aware of all overflow to the greatest extent possible.
b. Ensure overflows are appropriately responded to, including reporting requirements
c. Ensure appropriate immediate notification to the public, health agencies, and other
impacted entities (i.e. water suppliers). Identify the public health and other officials who
will receive immediate notification.
d. Provide emergency operations
8. Communications. Communicate on the implementation and performance of the MOM program
with interested parties as requested.
ISSUE:
Motion to Authorize the County Administrator to Sign Fair
Entertainment Contracts for FY2015-16
BACKGROUND:
The planning for the 2015 County Fair has begun. As in previous
years, in order to secure first rate entertainment for the event, staff
will need authorization to book some acts prior to the end of the
current fiscal year.
The request for authorization is being presented with the following
assumptions:
- the County will hold a County Fair in 2015;
- the operating budget will have funding for the County Fair;
- Parks and Recreation is not expected to exceed the total
FY2014-15 funding allocation for the County Fair.
Generally, contracts for entertainment groups are signed in the
Spring.
BUDGETARY IMPACT:
The impact will be to the FY2015-16 operating budget in an
amount not to exceed the level funding received for total Fair
Budget in the current fiscal year.
RECOMMENDATION:
Authorize the County Administrator to enter into contracts for the
2015 Fair.
ATTACHMENTS:
None
1
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTIETH DAY OF MARCH IN THE
YEAR TWO THOUSAND AND FOURTEEN AT 5:00 P.M. IN THE
ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE
PRESENT: Byron B. Bailey, Chairman, Newport District
Rex W. Alphin, Vice-Chairman, Carrsville District
Delores C. Darden, Windsor District
Alan E. Casteen, Smithfield District
Rudolph Jefferson, Hardy District
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
At 5:00 p.m., the meeting was called to order.
Supervisor Jefferson delivered the invocation and the Pledge of
Allegiance to the Flag was conducted.
//
Item 1: Approval of the Agenda
Supervisor Alphin moved that the agenda be approved as presented.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
//
Item 2: Consent Agenda
A. Resolution to Accept and Appropriate Pre-Hospital Information
Bridge Grant ($6,519)
2
B. Resolution to Accept and Appropriate Local Emergency
Management Performance Grant ($21,150)
C. Resolution - National County Government Month
D. Resolution – Accept and Appropriate Fort Boykin Barn VACoRP
Insurance Settlement ($15,751)
E. Motion – Approval of Memorandum of Understanding with the
Town of Windsor for VDOT Sidewalk Planning Funding
F. Motion – Tax Approval Refund to American Lifeline Medical
Transport ($10,817)
G. Motion – Approval of Wetlands Board By-Laws
H. April 15, 2013 Budget Work Session Minutes
I. April 22, 2013 Budget Work Session Minutes
J. April 25, 2014 Special Meeting Minutes
K. April 29, 2013 Budget Work Session Minutes
L. May 6, 2013 Budget Work Session Minutes
M. May 13, 2013 Budget Work Session Minutes
N. May 20, 2013 Budget Work Session Minutes
O. May 23, 2013 Special Meeting Minutes
Supervisor Casteen moved that the Consent Agenda be adopted, as
presented. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
3
//
Item 3: Regional Reports
Supervisor Darden reported on localities being relieved of obligations
and liabilities to implement rehabilitation plans, as well as regulatory liability
from wet weather overflows. She advised that the Hampton Roads area will
partner with Petersburg and Richmond to accelerate the resurgence of
manufacturing in the region.
Supervisor Darden reported that the Hampton Roads Transportation
Organization had received a report from the Commonwealth Transportation
Board; had discussed the impact from tolls; and, the Route 460 project with
respect to permitting issues and alternative routes.
Supervisor Darden reported that the Hampton Roads Military and
Federal Facilities Alliance members had discussed legislative priorities for
the coming year.
Supervisor Jefferson reported that the Western Tidewater Regional Jail
is currently at 63% of its bed capacity with 59% of its budget expended to
date. He advised that the Jail has received a $500,000 Line of Credit from
the Bank of Windsor and the Authority has authorized Davenport and
Company to examine the potential to refinance its debt. He advised that
Southampton County has been provided information pertaining to the cost
associated with joining the Authority. He further advised that the City of
Chesapeake has not responded to the Authority’s proposal to house some of
their inmates.
//
Item 4: Closed Meeting
County Attorney Popovich requested a closed meeting pursuant to
Section 2.2-3711.A.5 of the Code of Virginia concerning a discussion
regarding a prospective business where no previous announcement has been
made of the business’ interest in locating in the community; pursuant to
4
Section 2.2-3711.1 concerning a personnel matter; under Section 2.2-
3711.A.7 regarding consultation with legal counsel requiring the provision of
legal advice regarding Board involvement in personnel matters; under
Section 2.2-3711.7 concerning consultation with legal counsel requiring the
provision of legal advice regarding public invocations; under Section 2.2-
3711.7 concerning consultation with legal counsel requiring the provision of
legal advice regarding a breach of contract; under Section 2.2-3711.7
concerning consultation with legal counsel requiring the provision of legal
advice regarding stormwater management fees; and, under Section 2.2-
3711.A.1 concerning a personnel matter.
Supervisor Alphin moved that the Board enter the closed meeting for
the reasons stated by the County Attorney. The motion was adopted by a
vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Casteen moved that the Board return to open meeting. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Alphin moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
5
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bailey, Darden, Hall, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
//
Item 5: Appointments
Supervisor Casteen moved that Cindy Taylor be appointed to fill the
unexpired term of James A. Minton, Jr. representing the Smithfield District
on the Planning Commission. The motion was adopted by a vote of (5-0)
with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Darden moved that Supervisor Casteen be reappointed to
serve on the Social Services Board. The motion was adopted by a vote of (5-
0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in
favor of the motion and no Supervisors voting against the motion.
Chairman Bailey moved that Debra Thurston be reappointed to the
Social Services Board representing the Newport District. The motion was
adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
//
6
Item 6: Special Presentation/Appearances
The Board received a slide presentation of animals currently available
for adoption at the County’s animal shelter.
//
Item 7: Citizens’ Comments
Albert Burckard, on behalf of the Carrollton Civic League and the Isle
of Wight Civic Association, extended an invitation to the Board to attend a
public forum on stormwater management on April 14, 2013 at The Smithfield
Center.
Chuck Lawrence, owner of Captain Chuck-a-Mucks in Rescue, spoke
against a stormwater management fee.
Rodger Snougrass of the Windsor District spoke in opposition to a
stormwater management fee as they apply to County churches.
Brian Largent of the Newport District spoke in opposition to a
stormwater management fee being levied against County churches.
Lee Hess, representing Carrollton Baptist Church, spoke in opposition
to churches and places of worship in the County being charged a stormwater
management fee.
Charles Mercer, representing Central Hill Baptist Church, requested
that all churches and places of worship in the County be granted a waiver
from the stormwater management fee.
Daniel Falbe, representing Church of the Good Sheppard, requested all
churches and places of worship in the County be granted a waiver from the
stormwater management fee.
7
Bill Gill, representing Benns United Methodist Church, requested all
churches and places of worship in the County be granted a waiver from the
stormwater management fee.
Willy Edwards, representing Union Bethel AME Church, requested
that County churches be exempted from the stormwater management fee.
Ronnie Bunch, Harvest Fellowship Baptist Church, spoke in opposition
to a stormwater management fee being levied against County churches.
Charles Totten of Southside Vinyard Church, spoke in opposition to a
stormwater management fee being levied against County churches.
James Auvil, a member of Calvary Baptist Church, requested that
County churches and houses of worship be exempted from a stormwater
management fee.
Danny Gray, Calvary Baptist Church, requested that County churches
and houses of worship be exempted from a stormwater management fee.
William Moore of Smithfield addressed the Board regarding the
County’s revenue plan and spoke in favor of an exemption from the
stormwater management fee for County churches and other religious bodies.
David Biber, member of Calvary Baptist Church, spoke in favor of
County churches being exempt from a stormwater management fee.
Nat Johnson of the Windsor District spoke in favor of an exemption for
County churches from the stormwater management fee.
Joshua Woods, Smithfield Great Spring Church of the Nazarene,
requested that the stormwater management fee be waived or reclassified for
County churches.
Kevin Payne, Liberty Hope Community Fellowship, requested the
Board to waive the stormwater management fee for County churches.
8
Joseph Edwards, owner of Lakeside Mobile Home Village, requested a
credit for the maintenance he has performed in the past on his retention
ponds.
//
Item 8: Public Hearings
Following certification of proper advertisement by County Attorney
Popovich, Chairman Bailey opened up the public hearing related to the
conveyance of land to the Industrial Development Authority (Griffin Property
and IDA) and called for those to speak in favor of or in opposition to the
proposed conveyance.
No one appeared and spoke and the public hearing was closed.
Supervisor Casteen moved that the Chairman be authorized to execute
the Deed on behalf of the Board to effectuate the conveyance of the Griffin
Farm to the Industrial Development Authority for use as part of the Shirley T.
Holland Intermodal Park. The motion was adopted by a vote of (5-0) with
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
Chairman Bailey opened up the public hearing concerning a proposed
change in zoning for the Alan V. Monette property (Industrial to
Agricultural).
Matt Smolnik, Assistant Director of Planning and Zoning, provided a
PowerPoint presentation and advised that the Planning Commission
unanimously recommended approval of the application to the Board.
No one appeared and spoke and the public hearing was closed.
Supervisor Casteen moved that the application be approved. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
9
Chairman Bailey opened up the public hearing regarding amended
proffered conditions for the Vincent property.
Mr. Smolnik provided a brief overview of the property and advised that
the Planning Commission recommends the Board approve the application as
submitted.
Elliott Cohen spoke in favor and cautioned the Board that there will be
others requesting variances if this is approved and all citizens should be
treated equally.
Responsive to Mr. Cohen’s comments, Mr. Smolnik advised that if
there was a commercial cash proffer associated with Mr. Cohen’s rezoning
application, he would also need to request a variance, as would any other
applicants who had a proffered ten foot pathway.
Beverly H. Walkup, Director of Planning and Zoning, addressed the
Board regarding the policy that the Board adopted several months ago
concerning cash proffers recognized that commercial development does pay
for itself; therefore, the County does not expect cash proffers from
commercial entities.
The public hearing was closed.
Supervisor Alphin moved that the application be approved. The motion
was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen,
Darden and Jefferson voting in favor of the motion and no Supervisors voting
against the motion.
Chairman Bailey opened up the public hearing regarding a change in
zoning for the Norsworthy property.
Ted Miller, Kimley Horne & Associates, deferred any comment and
requested time to answer any questions at the end of the public hearing.
10
Albert Burckard, on behalf of the Isle of Wight County Historical
Society, relayed the Historical Society’s desire to suggest names for the
streets within that development.
The public hearing was closed and traffic related to that project was
discussed by the Board with respect to its proximity along the corridor.
Supervisor Darden moved that the change in zoning be authorized for
the Norsworthy property. The motion was adopted by a vote of (5-0) with
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
Chairman Bailey opened up the public hearing on an exception to the
CBPA Ordinance for the Holthoff property.
Kim Hummel, Environmental Planner, represented the application and
advised that the Planning Commission recommended denial of the exception
by unanimous vote.
James Holthoff, applicant, stated that he has considerable cost
associated with this property already and he only has 3.03 acres of usable
land out of the entire ten (10) acres.
Supervisor Alphin moved that the application be denied. The motion
was adopted by a vote of (4-1) with Supervisors Alphin, Casteen, Darden and
Jefferson voting in favor of the motion; no Supervisor voting against the
motion; and Chairman Bailey abstaining from voting on the matter.
Chairman Bailey opened up the public hearing on an Ordinance
Amendment to the Zoning Ordinance.
No one appeared and spoke and Chairman Bailey closed the public
hearing.
Supervisor Jefferson moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
11
THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND
REENACTING APPENDIX B, ZONING, ARTICLES I THROUGH XI OF
THE ZONING ORDINANCE TO REMOVE REFERENCES TO THE
DEVELOPMENT REVIEW COMMITTEE AND TO AMEND THE
EXCEPTION AND SITE DEVELOPMENT REVIEW PROCESS, TO
UPDATE THE ZONING ORDINANCE WITH STATE CODE
REGARDING THE DEFINITION OF CEMETERIES AND THE
PERCENTAGE OF CANOPY COVERAGE FOR CEMETERIES, TO
CLARIFY THE PUBLIC NOTICE PROCEDURES FOR CERTAIN
APPLICATION TYPES, TO CLARIFY ACCESSORY BUILDINGS
ASSOCIATED WITH HOME OCCUPATIONS, TO DELETE
DUPLICATE REQUIREMENTS OF THE PARKING LOT
LANDSCAPING SECTIONS, TO INCLUDE CERTAIN RESIDENTIAL
USES UNDER LIGHTING REQUIREMENTS, AND TO MAKE
TECHNICAL AMENDMENTS.
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 is also
concerned about the compatibility of uses on public and private lands within
Isle of Wight County and seeks to allow flexibility in the administration of
the ordinance regulations while protecting the health, safety, and general
welfare of present and future residents and businesses of the County.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Section 1-1021, Public
notification for amendment applications, use permits, plan amendments and
variances, of the Isle of Wight County Code be amended and reenacted as
follows:
12
Sec. 1-1021. Public notification for amendments, conditional zoning,
conditional or special use permits, variances, manufactured home family
member residences, and preliminary site plans.
A. Publication of notice. ..... The zoning administrator, upon acceptance of
any application, shall cause a notice of the public hearing to be published.
Public newspaper notice of the time and place of such hearing, together
with a summary describing the proposed application shall be published in
at least one (1) newspaper of general circulation in Isle of Wight County
once each week for two (2) successive weeks in accordance with Section
15.2-2204(A) of the Code of Virginia (1950), as amended.
B. Written notice to adjoining property owners.
1. Map amendments. In the case of proposed map amendments, the
zoning administrator shall send written notice to adjoining property
owners, whether separated by streets, railroads or other rights-of-way,
of the time, date, place and nature of the public hearing, at least ten
(10) days.
2. Conditional use permits.
a. Before an application for a conditional use may be heard by the
planning commission, a complete and accurate list of the names
and addresses of the owners of all the lands adjoining and within a
radius of two hundred (200) feet of the property affected by such
application shall be prepared by the zoning administrator.
b. The zoning administrator shall send, by mail, to each owner shown
on said list, at least ten (10) days before the date set for a hearing
upon such application, a notice addressed to such owners
generally, identifying the property affected thereby, and setting
forth the conditional use requested and the date, hour and place
fixed by the planning commission for the hearing thereon. This
provision shall likewise apply to any application for the extension
of a temporary conditional use.
C. Posting of signs.
1. In addition to notice of public hearings as required by the applicable
statues of the Commonwealth of Virginia, the applicant for
amendments, conditional zoning, conditional or special use permits,
13
variances, manufactured home family member residences and
preliminary site plans shall erect on or immediately adjacent to such
property a sign or signs as specified herein giving public notice of the
zoning action required.
2. The sign must meet the following criteria:
a. The wording, size and color of such sign shall be as specified by
the zoning administrator and approved by the board of supervisors.
b. One (1) sign shall be erected so as to be visible and legible to each
abutting public street. Where the property has extensive road
frontage, one (1) sign shall be erected for each five hundred (500)
feet of frontage. When a property has no frontage directly on a
public street, it shall be posted adjacent to the nearest public street
from which future access is contemplated.
c. Such signs shall be erected not less than seven (7) calendar days
before any public hearing of which they give notice and removed
by the applicant within two (2) days after the final public hearing
before the action of the board of supervisors on said application.
3. Such signs shall be required for each public hearing at which the
application is considered. It shall be unlawful for any person to pull
down, write on, cut or otherwise injure or deface such public notice,
which will constitute violation of this ordinance.
a. The applicant shall be responsible for the maintenance or
replacement of signs obliterated or destroyed during the posting
period.
b. The zoning administrator may require the applicant to deposit with
the county a cash bond equal to the replacement value of the
sign(s).
D. The additional requirements for public notice and posting on the property
is for the benefit of the public to identify the location of the property in
question only and to have advanced knowledge of a hearing and is not a
legal requirement of notice and the failure to comply with the provisions
herein shall not defeat the action of the board of supervisors concerning
the application. The only legal notice requirements shall be those
14
provided by the statutes of the Commonwealth of Virginia. (7-7-05, 3-20-
14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 2-
1002, 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 location to another.
15
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.
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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/one hundred (100) year flood.\ A flood that, on the average, is
likely to occur once every one hundred (100) years (i.e., that has a one
percent (1%) chance of occurring each year, although the flood may occur in
any year).
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.
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
17
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 corner 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.
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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.
19
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 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.
20
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.
21
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.
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
22
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 is shown both the special hazard areas and the risk premium zones
applicable to the community.
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).
Floodproof.\ A construction method designed to ensure that all parts of a
structure or facility located below the base flood elevation are watertight with
23
walls impermeable to the passage of water and with structural components
having the capability of withstanding hydrostatic and hydrodynamic loads
and the effects of buoyancy.
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.
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.
24
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.
Historic landmark/area.\ 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
certified and/or as listed in the county's comprehensive plan.
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.
25
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.
26
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
27
hydrologic controls to replicate the pre-development hydrologic patterns of
watersheds through infiltrating, filtering, storing, evaporating, and detaining
runoff close to its source.
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.
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) or after
28
December 31, 1974, whichever is later, 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
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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,
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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
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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
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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
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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.
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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, 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.
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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.
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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 manmade, 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.
Specified anatomical area.\ Such areas include less than completely and
opaque covered human genitals, pubic region, buttocks, female breasts below
37
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.\ 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 manmade 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.
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Stormwater management practice, structural.\ A stormwater management
technique that utilizes a manmade 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.
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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.
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 though 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.
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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. The term does not, however,
include either any project for improvement of a structure to comply with
existing state or local health, sanitary or safety code specifications or any
alteration of a "historic structure," provided that the alteration will not
preclude the structure's continued designation as a "historic 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.
41
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.
Video arcade.\ See "commercial indoor amusement" listed under
commercial use types.
Vehicle.\ See "motor vehicle."
Vehicle moving area.\ Any area on a site where vehicles park or drive.
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
42
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.
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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.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 3-
4000, Civic Use Types, of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 3-4000. Civic use types.
Administrative service.\ Governmental officials providing administrative,
clerical or public contact services that deal directly with the citizen. Typical
uses include federal, state and county offices.
Adult care center.\ A facility that provides care to adults during part of the
day only and which includes personal supervision of the adults and promotes
social, physical, and emotional well-being through companionship, self-
education and leisure time activities.
Assisted living facility.\ Any congregate residential setting that provides
personal and health care services, twenty-four-hour supervision, meals,
housekeeping and assistance (scheduled or unscheduled) for the maintenance,
or care of four (4) or more adults who are aged, infirm or disabled and who
are cared for in a primarily residential setting. Residents are primarily in good
health and are in need of residential care rather than medical treatment.
Cemetery.\ A place used for interment of human or animal remains,
including a burial park for earth interments, a mausoleum for vault or crypt
interments, or a combination thereof.
Cemetery, animal.\ A parcel of land or portion thereof, buildings,
and/or structures used for the interring of animal remains.
Cemetery, church.\ A parcel of land or portion thereof, buildings,
and/or structures, owned and operated by a church, used for the interring
of human remains.
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Cemetery, private.\ A parcel of land or portion thereof, buildings,
and/or structures, privately owned and operated, used for the interring of
human remains.
Cemetery, public.\ A parcel of land or portion thereof, buildings,
and/or structures, owned and operated by the county, state, or federal
government, used for the interring of human remains.
Child care center.\ A child day program offered to two (2) or more
children under the age of thirteen (13) in a facility that is not the residence of
the provider or of any of the children in care.
Child care institution.\ Any institution maintained for the purpose of
receiving children for full-time care, maintenance, protection and guidance
separated from their parents or guardians. This shall not include primary or
secondary educational facilities or summer camps.
Club.\ A use providing meeting, or social facilities for social clubs,
fraternal/sororal organizations, lodge, and similar organizations and
associations, primarily for use by members and guests. Recreational facilities,
unless otherwise specifically cited in this section, may be provided for
members and guests as an accessory use. This definition excludes hunt clubs
and dance halls, which are defined separately.
Community center.\ A place, structure, or other facility used for providing
civic and/or recreational programs generally open to the public and designed
to accommodate and serve significant segments of the community. This use
can also be referred to as a convention or civic center.
Correctional facility.\ A publicly or privately operated use providing
housing and care for individuals legally confined, designed to isolate those
individuals from the community.
Crisis center.\ A facility providing temporary protective sanctuary for
victims of crime or abuse, and homelessness including emergency housing
during crisis intervention for individuals, such as victims of rape, child abuse,
or physical beatings.
Cultural service.\ A library, museum, or similar public or quasi-public use
displaying, preserving and exhibiting objects of community and cultural
interest in one (1) or more of the arts or sciences. Such uses shall include, but
are not limited to, libraries, museums, art galleries, and art centers.
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Educational facility, college/university.\ An educational institution
authorized by the Commonwealth of Virginia to award associate,
baccalaureate or higher degrees.
Educational facility, primary/secondary.\ A public, private or parochial
school offering instruction at the elementary, junior and/or senior high school
levels in the branches of learning and study required to be taught in the public
schools of the Commonwealth of Virginia.
Halfway house.\ An establishment providing accommodations,
rehabilitation, counseling, and supervision to persons suffering from alcohol
or drug addiction or similar disorders, and/or to persons re-entering society
after being released from a correctional facility or other institution.
Life care facility.\ A residential facility primarily for the continuing care
of the elderly, providing for transitional housing progressing from
independent living in various dwelling units, with or without kitchen
facilities, and culminating in nursing home-type care, where all related uses
are located on the same lot. Such facility may include other services integral
to the personal and therapeutic care of the residents.
Modular classroom.\ Portable, prefabricated buildings which are
constructed off site and used as temporary facilities in relation to expanding
educational facilities.
Nursing home.\ A facility whose primary function is to provide nursing
and health-related services for the treatment and inpatient care of two (2) or
more unrelated individuals, including facilities known as convalescent
homes, skilled nursing facilities or skilled care facilities, intermediate care
facilities, extended care facilities and nursing or nursing care facilities. A
hospice is also included in this use. Excluded from this use type is any
facility providing surgical or emergency medical services and facilities
providing care for alcoholism, drug addiction, mental disease, or
communicable disease.
Park and ride facility.\ A publicly owned, short-term parking facility for
commuters.
Post office.\ Postal services directly available to the consumer operated by
the United States Postal Service.
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Public assembly.\ Facilities owned and operated by a government or
quasi-government agency accommodating public assembly for sports,
amusements, or entertainment purposes. Typical uses include auditoriums,
sports auditorium, convention facilities, fairgrounds, and incidental sales and
exhibition facilities.
Public maintenance and service facility.\ A government owned or
operated facility supporting maintenance, repair, vehicular or equipment
servicing, material storage, and similar activities.
Public park and recreational area.\ Government owned and operated park,
picnic area, playground, indoor or outdoor athletic facility, game preserve
and open space.
Public safety service.\ Facility for the conduct of safety and emergency
services for the primary benefit of the public, whether publicly or privately
owned and operated, including police and fire protection services, emergency
medical and ambulance services, and helicopter landing sites.
Religious assembly.\ A use providing regular organized religious worship
and related incidental activities within or out of a structure including
accessory uses, such as day care facilities, but not including educational
facilities, primary and secondary.
Rehabilitation service.\ A use providing recuperative or similar services
for persons requiring rehabilitation assistance as a result of physical, mental
illness, alcoholism, detention, drug addiction, or similar conditions for only
part of a twenty-four-hour day.
Utility service/major.\ A service of a regional nature which normally
entails the construction of new buildings or structures such as generating
plants and sources, electrical switching facilities and stations or substations,
community wastewater treatment plants, and water supply and production in
excess of fifty thousand (50,000) gallons per day. Included in this definition
are also electric, gas and other utility transmission lines of a regional nature
that are not otherwise reviewed and approved by the Virginia State
Corporation Commission.
Utility service/minor.\ A service which is necessary to support
development within the immediate vicinity and involve only minor structures.
Included in this use type are distribution lines and small facilities that are
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underground or overhead, such as transformers, relay and booster devices,
remote switching stations, well water, and sewer pump stations. (7-7-05; 5-
27-10; Ord. No. 2012-10-C, 10-18-12, 3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 4-
3005, Density bonus for cluster development in the Rural Residential (RR)
District, of the Isle of Wight County Code be amended and reenacted as
follows:
Sec. 4-3005. Density bonus for cluster development in the Rural Residential
(RR) District.
A. General description. ..... Cluster development in the Rural Residential
(RR) District is encouraged to protect rural character and to preserve open
space and productive farm and timber lands while permitting limited
development in rural areas of the county. It is intended to encourage
innovative and creative design of residential development; to preserve
agricultural lands and enhance the rural atmosphere and visual character
of the county; and, to encourage a more efficient use of land and services
in order to reduce construction costs, reflect changes in the technology of
land development and minimize maintenance costs of service delivery
and utility systems.
B. Applicability. ..... The following provisions establish minimum
performance standards associated with three (3) optional density increases
which may be exercised by landowners in the RR District at the time of
rezoning of the property.
The density options available shall be one (1) dwelling unit per ten (10)
acres, but may be increased to one (1) dwelling unit per eight (8) acres or one
(1) dwelling per five (5) acres, if certain development standards are met as
conditions of density increase. These development standards are outlined in
subsection D.
C. General standards. ..... The following general standards shall apply to all
cluster developments in the RR District:
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1. The applicant shall have legal or equitable title to the property or shall
otherwise have a legally documented financial interest in the real
property, which is the subject of the application.
2. The proposed development shall contain a minimum of twenty (20)
contiguous acres located within the RR District.
3. All lots created through the act of subdivision shall be served by no
more than, one (1) point of access to an existing public road. The
internal street serving the subdivision shall be constructed in
accordance with the applicable minimum standards of and dedicated
to the Virginia Department of Transportation.
4. In no case shall residential structures be located within one hundred
(100) feet of an existing public road right-of-way. Fifty (50) feet of
the one-hundred-foot bufferyard between the lots and the public road
right-of-way shall be landscaped to maintain or enhance the rural
image or left in a natural setting, as prescribed in section 8-1003.
5. Dedication of additional public road right-of-way adjacent to an
existing public road for future widening when the highway level of
service in the area necessitates widening shall be a condition of
development at each of the three (3) optional densities contained in
subsection B. of this section.
D. Density options.
1. The base density of one (1) dwelling unit per ten (10) acres may be
permitted provided:
a. Clustering at a density of one (1) dwelling unit per ten (10) acres
so that no more than fifty percent (50%) of the total base site area
is to be included in the subdivision, including lots, road right-of-
way, and other required public improvements.
b. Fifty percent (50%) of the site shall be permanently established in
open space including farm or forest use and restricted from further
development.
c. The minimum lot shall be forty thousand (40,000) square feet and
the maximum lot size shall be five (5) acres, provided the health
department standards for use of on-site septic systems are met.
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2. The base density may be increased to one (1) dwelling unit per eight
(8) acres if the following conditions are met:
a. Clustering at a density of one (1) dwelling unit per eight (8) acres
so that no more than forty percent (40%) of the base site area is
included in the subdivision, including lots, road rights-of-way and
other required public improvements.
b. Sixty percent (60%) of the site shall be permanently established in
open space including farm or forest use and is restricted from
further development.
c. The minimum lot size shall be forty thousand (40,000) square feet
and the maximum lot size shall be three and one-half (3.5) acres in
size, provided the health department standards for on-site septic
systems are met.
3. The base density may be increased to one (1) dwelling unit per five
(5) acres provided:
a. Clustering at a density of one (1) dwelling unit per five (5) acres
so that no more than thirty percent (30%) of the base site area is to
be included in the subdivision, including lots, rights-of-way and
other required public improvements.
b. Seventy percent (70%) of the site shall remain in open space
including farm or forest use and restricted from further
development.
c. The minimum lot size shall be forty thousand (40,000) square feet
and the maximum lot size shall be one and one-half (1.5) acres,
provided the health department standards for on-site septic systems
are met.
E. Open space requirements. ..... Regardless of which of the three (3) density
options is exercised, the following standards shall apply to any open
space which may be included within and made part of the cluster
development and so designated on the subdivision plat:
1. All open spaces shall be preserved for their intended purpose.
2. There shall be established a nonprofit association, corporation, trust or
foundation of all individuals or corporations owning the residential
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property within the development to insure the satisfactory
maintenance of any required open space.
3. When the development is to administer open space or other facilities
through an association, nonprofit corporation, trust or foundation, said
organization shall conform to the following requirements:
a. The property owner or developer must establish the organization
prior to the sale of any lots within the subdivision.
b. Membership in the organization shall be mandatory for all
residential property owners, present or future, within the
subdivision.
c. The organization shall manage all common and open spaces, and
recreational and cultural facilities, shall provide for the
maintenance, administration and operation of said land and
improvements and any other land within the development and
shall secure adequate liability insurance on the land.
d. The organization shall conform to the Property Owners
Association Act, Code of Virginia, effective July 1, 2004, as
amended, and/or to any other laws and regulations of the
Commonwealth of Virginia as may be applicable.
The foregoing standards for open space shall not apply to any residue acreage
of the parent tract of land which is not included as part of the cluster
development as lots or the required open space. (7-7-05, 3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 4-
11002, Permitted Uses, of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 4-11002. Permitted uses.
The following uses are permitted by right subject to all other applicable
requirements contained in this ordinance. An asterisk (*) indicates additional,
modified or more stringent standards which are listed in section 5-5000,
supplementary use regulations, for those specific uses.
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A. Agricultural uses:
Agriculture
• Assembly and repair of farm equipment
* Forestry operation
• Forestry, silvicultural
B. Civic uses:
* Adult care center
* Child care center
Park and ride facility
* Public maintenance and service facility
Public safety service
* Utility service/minor
C. Office uses:
General office
Laboratory
D. Commercial uses:
Agricultural service
• Commercial assembly and repair of all equipment normally used in
agricultural, silvicultural, and horticultural operation
Business or trade school
Car wash
* Commercial indoor sports and recreation
* Construction office, temporary
* Contractor office and storage facility
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Equipment sales and rental
* Garden center
Laundry
Lawn and garden services
* Miniwarehouse
Motor vehicle/outdoor storage
* Motor vehicle/rental
* Motor vehicle repair service/major
Retail sales
Truck stop
E. Industrial uses:
* Construction yard
Convenience center
Custom manufacturing
Industry, Type I
* Recycling center/transfer station
Warehousing and distribution
F. Miscellaneous uses:
* Amateur radio tower
(7-7-05; Ord. No. 2012-10-C, 10-18-12, 3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 5-
1001, Prohibited Uses, of the Isle of Wight County Code be amended and
reenacted as follows:
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Sec. 5-1001. Prohibited uses.
The following uses are specifically excluded from all districts:
A. Unless otherwise expressly permitted, the use of a recreational vehicle
as a temporary or permanent residence.
B. Unless associated with a bonafide agricultural use, the use of a motor
vehicle permanently parked on a lot as a structure in which, out of
which, or from which any goods are sold or stored, any services are
performed, or other business is conducted.
C. Use of shipping containers as a residence or to support a residential,
office, civic or commercial use.
D. Storage of motor vehicles that are neither licensed nor operational
outside of a substantially enclosed structure, which visually screens
such vehicles from public rights-of-way and adjoining properties. Not
licensed, for purposes of this section, shall mean not having all of the
following: current decal, state inspection sticker, and license plates.
(7-7-05, 3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 5-
4000, Net Developable Area, of the Isle of Wight County Code be amended
and reenacted as follows:
Sec. 5-4000. Net developable area.
A. Purpose. The comprehensive plan establishes an overall goal "to preserve
and improve environmental quality of the county utilizing measures
which protect Isle of Wight's natural resources and environmentally
sensitive lands and waters", consistent with both the Virginia Clean Water
Act and the Federal Clean Water Act. In land development, one (1)
effective way towards accomplishing this goal is to establish
environmental performance standards to establish the suitability of land
for development. Virginia's enabling statutes for planning and zoning
support environmental performance standards as a rational basis for
utilizing the development suitability process. This process provides a
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more logical approach to define and allocate land holding capacities and
densities to individual properties based upon the land and its underlying
physical, environmental, and geological influences.
B. Applicability. ..... The net developable area shall be used for determining
the density and building coverage of development permitted on a
particular parcel or area. This approach shall apply to all forms of land
development, with the exception of the following:
1. The RAC zoning district.
2. Single-family lots subdivided and approved for development prior to
the adoption of this ordinance.
3. Single-family lots shown on a preliminary subdivision plat in
compliance with the provisions of subsection 1-1014.B.
C. Net developable area calculations.
1. The percentage cited below of the total area of environmentally
sensitive areas shall be removed from the total acreage of a parcel or
area in order to derive the net developable area:
a. Tidal wetlands: One hundred percent (100%).
b. 100-year floodplains: One hundred percent (100%).
c. Resource protection areas, including the required 100-foot buffer:
One hundred percent (100%).
d. Non-tidal wetland: Fifty percent (50%).
e. Slopes in excess of fifteen percent (15%) but less than or equal to
thirty percent (30%): Fifty percent (50%).
f. Slopes in excess of thirty percent (30%): One hundred percent
(100%).
Where environmentally sensitive areas overlap, the more restrictive
environmentally sensitive area shall be used. In no case shall overlap be
counted twice in the calculation of net developable area.
2. In addition to the above features of a site, the total area of the
easements or rights-of-way associated with a 150KV or greater power
transmission line or regional gas transmission line shall be removed
from the total acreage in order to derive the net developable area.
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3. Twenty percent (20%) shall be subtracted from the calculated net
developable acreage to allow for existing or planned public or private
street rights-of-way, unless it can be demonstrated to the satisfaction
of the zoning administrator that the proposed street rights-of-way in a
development or subdivision will be less than twenty percent (20%) of
the calculated net acreage.
4. Required open space shall be calculated using gross acreage.
5. All calculation of recreational space and landscaping requirements
shall be based on the net developable area.
6. No lot shall be designed, approved or employed for use in which an
area more than thirty percent (30%) of the prescribed minimum lot
area is comprised of one (1) or more of the environmentally sensitive
areas cited in [paragraph] 1., above. This shall not apply to lots
specifically created exclusively to preserve and maintain
environmentally sensitive areas, as approved by the zoning
administrator.
D. Example of calculating net developable area. The following example is
provided for illustrative purposes in calculating the net developable area
in a typical subdivision, although this approach applies to all forms of
development not specifically exempted.
Illustration assumptions:
Zoning district: Suburban Estates (SE)
Maximum density allowed: 2 units net acre
Gross acres: 100 acres
Floodplains: 7 acres
Resource protection area: 4 acres
Slopes > 15% but < 30%: 5 acres
Slopes > 30%: 2 acres
Power line ROW: 3 acres
Computation of property's environmentally sensitive features:
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Floodplains: 7 acres × 100% = 7 acres
Resource protection area: 4 acres × 100% = 4 acres
Slopes > 15% but < 30%: 5 acres × 50% = 2.5 acres
Slopes > 30%: 2 acres × 100% = 2 acres
Power line ROW: 3 acres × 100% = 3 acres
TOTAL = 18.5 acres
Computation of net developable area for SE property:
Gross acreage of property: 100 acres
Less deduction for property features: - 18.5 acres
Available acres: 81.5 acres
Less street rights-of-way (20% of net developable): - 16.3 acres
Total net developable acres: 65.2 acres
Development capacity of SE property units per acre × 65.2 net developable
acres = 130 units
(7-7-05, 3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 5-
5002, Supplemental Use Regulations for Residential Use Types, of the Isle of
Wight County Code be amended and reenacted as follows:
Sec. 5-5002. Supplementary use regulations for residential use types.
A. Accessory apartment. ..... It is the specific purpose and intent to allow
accessory apartments through conversion of existing larger residential
structures and in the construction of new structures. Such uses are to
provide the opportunity and encouragement to meet the special housing
needs of single persons and couples of low- and moderate-income, both
young and old, as well as relatives of families residing in the county.
It is furthermore the intent and purpose of accessory apartments to allow
the more efficient use of the county's existing housing stock, in a manner
57
consistent with the land use objectives identified in the comprehensive plan
and to provide alternative housing opportunities while protecting and
preserving property values and community character. To help achieve these
goals and purposes, the following standards are set forth as conditions for
such accessory uses:
1. Residential accessory apartment. ..... Where allowed as a permitted or
a conditional use in the underlying zoning district, the following shall
apply:
a. Location.
i. An accessory apartment may be located either in a primary
dwelling unit or in an accessory structure on the same lot or
parcel as the primary dwelling.
ii. The owner of the residential dwelling unit shall occupy at least
one (1) of the dwelling units on the premises.
b. Minimum lot size. The minimum lot size required for an accessory
apartment is one hundred fifty percent (150%) of the minimum lot
size required for the zoning district in which the use is located.
c. Setback requirements. An accessory apartment shall meet the
setback requirements of the underlying zoning district for the
primary dwelling.
d. Apartment size.
i. Minimum floor area: Three hundred (300) square feet.
ii. Maximum floor area: The maximum floor area of an accessory
apartment in a primary dwelling shall not exceed one thousand
(1,000) square feet or thirty percent (30%) of the living area of
the primary dwelling, excluding garages, breezeways, etc.,
whichever is less. The maximum floor area of an accessory
apartment in an accessory building shall not exceed fifty
percent (50%) of the floor area of the accessory building.
e. Maximum number of bedrooms. No more than two (2) bedrooms
are permitted in an accessory apartment.
f. Maximum number of accessory apartments. No more than one (1)
accessory apartment is permitted per parcel.
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g. Exterior appearance. If an accessory apartment is located in the
primary dwelling, the apartment entry shall be located on the side
or rear of the unit, and its design shall be such that the appearance
of the dwelling will remain as a single-family residential structure.
No accessory apartment shall be attached to a primary dwelling by
open walkways, breezeways, patios, decks, etc.
h. Water and sewer service. Approval of the water supply and
sewage disposal shall be obtained from the Isle of Wight County
Department of Health or the Department of Public Utilities.
i. Parking. One (1) parking space shall be required in addition to the
required parking for the primary dwelling.
2. Commercial accessory apartment. ..... Where allowed as a permitted
or a conditional use in the underlying zoning district, the following
shall apply:
a. Location. A commercial accessory apartment may be located
either above or attached to the rear of a commercial unit. In no
case shall an accessory apartment be allowed in an accessory
structure.
b. Minimum lot size. The minimum lot size for a commercial unit
with an accessory apartment shall meet the minimum square
footage required for the zoning district in which the use is located.
c. Setback requirements. A commercial accessory apartment shall
meet the setback requirements of the underlying zoning district for
a primary commercial use.
d. Maximum floor area.
i. The maximum floor area of an accessory apartment located
above a commercial unit shall not exceed fifty percent (50%)
of the entire unit.
ii. The maximum floor area of an accessory apartment located to
the rear of a commercial unit shall not exceed thirty-five
percent (35%) of the entire unit.
e. Maximum number of bedrooms. No more than two (2) bedrooms
are permitted in an accessory apartment.
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f. Maximum number of accessory apartments. No more than one (1)
accessory apartment is permitted per commercial use.
g. Exterior appearance.
i. The entry to the apartment shall be located on the side or rear
of the commercial unit, and the building design shall maintain
its commercial character and appearance.
ii. No accessory apartment shall be attached to a commercial unit
by open walkways, breezeways, patios, decks, etc.
h. Water and sewer service. Approval of the water supply and
sewage disposal shall be obtained from the Isle of Wight County
Department of Health or the department of public utilities.
i. Parking. Parking for the apartment must be located to the rear or
side of the commercial unit. Each apartment must be provided two
(2) parking spaces in addition to what is required for the
commercial use.
B. Community recreation.
1. Except in the case of a planned development, community recreational
facilities shall be developed solely for the noncommercial use of the
residents and guests of the residential development.
2. A conditional use permit shall be required for the commercial or
noncommercial use of a community recreational facility by the
general public. The board of supervisors, following a recommendation
by the planning commission, may vary area and setback requirements
for existing facilities, provided that alternative methods of protecting
adjoining properties are required as conditions of the conditional use
permit.
3. Community recreational facilities may be owned and operated by a
homeowner's association or a private or public entity.
4. All outdoor recreational playfields, grounds and facilities and
associated fences or enclosures shall conform to the required front and
corner side yard building setbacks of the underlying zoning district.
5. Recreational structures for indoor recreation shall meet the required
setbacks of the underlying zoning district for a primary use.
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6. Pedestrian access to community recreational areas shall be provided
throughout the entire development.
7. Entrances for vehicular access must be provided in accordance with
requirements of the Virginia Department of Transportation, and shall
be located at least fifteen (15) feet from any recreational use on the lot
and from exterior lot lines.
8. Vehicular parking shall be in accordance with the requirements of this
ordinance and shall not be designed as to require or encourage cars to
back into a street.
a. A reduction of up to twenty-five percent (25%) may be granted
administratively if the development contains bike paths and a bike
parking area. This reduction does not apply to the requirements for
employee vehicular parking, or to any community recreational
facility open to the general public.
9. A landscaped buffer shall be provided for all community recreational
uses in accordance with the requirements for civic use types in article
VIII.
a. Tot lots developed separately from other recreational areas may be
exempt from landscaping requirements.
10. Lighting shall be installed in accordance with article XI and shall be
arranged to shine inward so that it does not reflect onto adjacent
properties or impair the safe movement of traffic.
C. Condominium.
1. Condominium developments shall be regulated by use in accordance
with the underlying zoning district.
2. A condominium development may be developed in accordance with
the townhouse or multifamily standards as found in the supplementary
use regulations, except that a townhouse condominium development
shall not be permitted to deed any portion of the land with the
townhouse unit.
3. Any subdivision of land within a condominium development shall
comply with the Isle of Wight County Subdivision Ordinance and
other county regulations as may by applicable.
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D. Dwelling, multifamily conversion. ..... Where allowed in the underlying
zoning district, a single-family residence in existence as of July 1, 1997,
may be converted to a multifamily dwelling containing not more than four
(4) dwelling units in accordance with the following:
1. Minimum area and setback requirements.
a. Conversions into two (2) dwelling units shall require at least one
hundred fifty percent (150%) of the minimum lot size in the
district in which it is located.
b. Conversions into three (3) dwelling units shall require at least two
hundred percent (200%) of the minimum lot size in the district in
which it is located.
c. Conversions into four (4) dwelling units shall require at least two
hundred fifty percent (250%) of the minimum lot size in the
district in which it is located.
d. The original single-family residence shall meet the minimum
setback requirements of the underlying zoning district.
2. Minimum floor area. ..... The original single-family residence shall
contain at least two thousand (2,000) square feet of floor area.
3. Water and sewer service. ..... Approval of the water supply and
sewage disposal shall be obtained from the Isle of Wight County
Department of Health or the Isle of Wight County Department of
Public Utilities.
E. Dwelling, two-family duplex.
1. Minimum lot size. ..... A two-family duplex dwelling unit shall be
allowed only on lots having at least one hundred fifty percent (150%)
of the minimum lot size in the district in which it is located.
2. Yard setback. ..... All setbacks and other requirements in the district in
which it is located shall apply, except that the side yard along a
common wall separating the two (2) units shall be zero (0) feet.
3. Water and sewer service. ..... Approval of the water supply and
sewage disposal shall be obtained from the Isle of Wight County
Department of Health or the Isle of Wight County Department of
Public Utilities.
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F. Family day care home (serving six (6) to twelve (12) children). ..... The
following must be satisfied prior to the issuance of a zoning permit for a
family day care home serving six (6) through twelve (12) children:
1. The zoning administrator shall send written notification by certified
letter to the last known address of each adjacent property owner
advising of the proposed family day care home.
2. If no written objection from any property owner so notified is received
within thirty (30) days of the date of sending the notification letter and
the zoning administrator determines that the family day care home
otherwise complies with the zoning ordinance, the zoning
administrator may issue a zoning permit for the family day care home.
3. If written objection from any property owner so notified is received
within thirty (30) days of sending the notification letter, then the
zoning administrator may not issue a zoning permit unless and until
such time as a conditional use permit for the family day care home is
approved by the board of supervisors with a recommendation by the
planning commission.
G. Guest house.
1. Location. ..... A guest house shall be located in an accessory structure
in the rear yard of the primary structure.
a. The owner of the lot or parcel must occupy the primary dwelling.
b. A guest house shall not be permitted as an accessory structure
prior to the construction and occupancy of the primary dwelling.
2. Occupancy.
a. No such quarters shall be occupied by the same guest or guests for
more than three (3) consecutive months in any twelve-month
period.
b. No such quarters shall be rented, leased, or otherwise made
available for compensation of any kind.
3. Minimum lot size. ..... The minimum lot size for a primary dwelling
with a guest house shall be one hundred fifty percent (150%) of the
minimum lot size required for the zoning district in which the use is
located.
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4. Setback requirements. ..... A guest house shall meet the required
setbacks of the underlying zoning district for the primary dwelling.
5. Maximum floor area. ..... The maximum floor area of a guest house
shall not exceed thirty percent (30%) of the floor area of the primary
dwelling, excluding garages, breezeways, patios, decks, etc.
6. Maximum number of bedrooms. ..... No more than two (2) bedrooms
are permitted in a guest house.
7. Maximum number of guest houses. ..... There shall be no more than
one (1) guest house permitted per residential lot or parcel.
8. Exterior appearance. ..... The design of a guest house shall maintain
and enhance the character and exterior appearance of the primary
dwelling.
9. Water and sewer service. ..... Approval of the water supply and
sewage disposal shall be obtained from the Isle of Wight County
Health Department or the Isle of Wight County Department of Public
Utilities.
H. Home occupation, Type I and Type II.
1. Intent. ..... These provisions are adopted in recognition that certain
small-scaled commercial activities may be appropriate in conjunction
with residential uses. The character and scale of such commercial
activities must be subordinate and incidental to the principal use of the
premises for dwelling purposes, and must be consistent with the
predominant residential character of the property and/or surrounding
neighborhood. In addition, these provisions are intended to limit the
size of such home occupations to not create an unfair competitive
advantage over businesses located in commercially zoned areas.
2. Types of home occupations. ..... Recognizing the divergent needs of
the developing areas of the county from the rural areas of the county,
two (2) levels or types of home occupations have been established.
Type I home occupations afford the greatest degree of protection to
surrounding residents in those areas that are developing and becoming
more suburban in nature. In contrast, Type II home occupations have
been established to recognize the greater spaces between residents as
64
well as the types of activities that are similar to those associated with
the more traditional agricultural and forestry related activities found in
the rural areas.
3. Uses for home occupation: Type I. ..... Type I home occupations are
allowed in the following zoning districts: VC, NC, SE, SR, UR, PD-
R, PD-MH, and PD-MX.
The following is a representative listing of uses which may be conducted as
Type I home occupations within the limits established in this section,
however, uses not listed below require a specific letter of confirmation from
the zoning administrator:
• Art, handicraft, music, writing, photography, or similar studios
• Computer and internet related services
• Direct sales product distribution as long as products are directly delivered to
the customer
• Dressmaker, seamstress, tailor
• Babysitting (up to five (5) children)
• Hair cutting and styling
• Home typing or computer services
• Mail-order sales for delivery directly to the customer
• Non-principal offices of physician, dentist, veterinarian, insurance agent,
real estate or similar profession
• Offices of accountant, architect, engineer, surveyor, land planner, lawyer,
income tax preparer, minister, priest, rabbi, member of a religious order,
psychotherapist, counselor, personal consultant or similar professional
• Preparation of food for off-premises catering
• Telephone sales and order-taking
• Tutor
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4. Uses for home occupation Type II. ..... Type II home occupations are
allowed in the following zoning districts: RAC and RR.
The following is a representative listing of uses that may be conducted as
Type II home occupations within the limits established in this section,
however, uses not listed below require a specific letter of confirmation from
the zoning administrator:
• All Type I uses
• Contractor businesses
• Glazier's or painter shop
• Heating, plumbing, or air conditioning services
• Repair of small appliances, small engines and limited machining of small
parts, office machines, cameras, and similar small items
• Wood working and furniture repair
5. Uses that are prohibited as home occupations. ..... The following uses
shall be prohibited as home occupations:
• Vehicle or boat repair or painting
• Equipment or vehicle rental
• Seafood or bait sales
• Furniture sales
• Funeral director, mortuary or undertaker
• Laboratory or taxidermy shop
• Medical or dental clinic
• Private clubs
• Restaurants
• Animal hospitals
• Commercial stables
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• Commercial kennels
• Antique shops
• Gun shops, sale of fire arms, gunsmiths
• Bed and breakfast
• Fortune-teller, including a clairvoyant, a practitioner of palmistry, a
phrenologist, a faith healer, a star analyst, a handwriting analyst who attempts
to predict the future or any other person who attempts to predict the future
• Tattoo parlors
6. General standards for all home occupations.
a. The maximum floor area devoted to home occupations shall not
exceed twenty-five percent (25%) of the finished floor area of the
dwelling unit.
b. More than one (1) home occupation may be permitted provided the
total floor area used for all home occupations is not exceeded.
c. No dwelling or structure shall be altered, occupied, or used in a
manner, which would cause the premises to differ from a character
consistent with a residential use. The use of colors, materials,
construction, lighting, or other means inconsistent with a
residential use shall be prohibited.
d. There shall be no outside storage of goods, products, equipment,
excluding motor vehicles, or other materials associated with the
home occupation. No toxic, explosive, flammable, radioactive, or
other hazardous materials used in conjunction with the home
occupation shall be used, sold, or stored on the site.
e. The type and volume of traffic generated by a home occupation
shall be consistent with the traffic generation characteristics of
other dwellings in the area.
f. Off street parking shall be provided as appropriate for the specific
nature of the home occupation.
g. The home occupation shall not involve the commercial delivery of
materials or products to or from the premises. This excludes
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delivery by the United States Postal Service, Federal Express
(FEDEX), United Parcel Service (UPS) or similar delivery
services customarily found in residential areas.
h. The home occupation shall not increase demand on water, sewer,
or garbage collection services to the extent that the combined
demand for the dwelling and home occupation is significantly
more than is normal to the use of the property for residential
purposes.
i. No equipment or process shall be used in a home occupation
which creates noise in excess of sixty (60) dB(A) measured at the
property line, or vibration, glare, noxious fumes, or electrical
interference detectable to the normal senses off the premises or
through common walls. In the case of electrical interference, no
equipment or process shall be used which creates visual or audible
interference in any radio or television receivers off the premises or
through common walls.
j. No activity in conjunction with a home occupation shall be
conducted that adversely impacts or disturbs adjoining property
owners.
k. Signs are permitted in accordance with article IX of this ordinance.
Only one (1) sign shall be permitted regardless of the number of
home occupations, and must be setback ten (10) feet from the road
as measured from the front property line.
7. Specific standards for Type I home occupations.
a. Home occupations shall be confined to the primary dwelling. To
conduct a home occupation in an accessory building, a conditional
use permit must be obtained from the board of supervisors
pursuant to section 1-1017, except in the RAC and RR zoning
districts provided that the total floor area devoted to the home
occupation in the accessory structure and dwelling unit does not
exceed thirty percent (30%) of the finished floor area of the
dwelling unit.
b. No one other than permanent residents of the dwelling shall be
engaged or employed in such occupation.
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c. There shall be no display or storage of goods or products visible
from the public right-of-way or adjacent property.
d. Lessons in the applied arts shall be permitted, provided the class
size for any lesson does not exceed five (5) students at any one (1)
time.
e. Except in the RAC and RR districts, no commercial vehicles shall
be parked or stored on the premises associated with the home
occupation.
8. Specific standards for Type II home occupations.
a. Storage of goods or products shall not exceed ten percent (10%) of
the finished floor area devoted to the home occupation.
b. One (1) person who is not a permanent resident of the dwelling
may be engaged or employed in the home occupation.
c. An accessory building or structure may be used to conduct a home
occupation in the RAC and RR zoning districts, provided that the
total floor area devoted to the home occupation in the accessory
structure and dwelling unit does not exceed thirty percent (30%) of
the finished floor area of the dwelling unit.
I. Kennel, private. ..... A private kennel shall be located fifty (50) feet from
any property zoned other than RAC or RR.
J. Manufactured home, Class A. ..... A manufactured home, Class A may be
permanently located on a lot or parcel as permitted by the underlying
district, except in planned development manufactured home parks.
For the purposes of this section, the following shall apply:
1. The manufactured home is the only residential structure located on the
lot or parcel;
2. The manufactured home has a width of nineteen (19) or more feet;
3. The pitch of the home's roof has a minimum vertical rise of one (1)
foot for each five (5) feet of horizontal run, and the roof is finished
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with a type of shingle that is commonly used in standard residential
construction;
4. The exterior siding consists of materials comparable in composition,
appearance, and usability to the exterior siding commonly used in
standard residential construction;
5. The manufactured home is constructed on a permanent footing that
meets the requirements of the building code. The foundation wall shall
be a continuous, masonry foundation, unpierced except for required
ventilation and access and shall be installed prior to occupancy; and
6. The tongue, axles, transporting lights, and towing apparatus are
removed after placement on the lot and before occupancy.
K. Manufactured home, Class B.
1. A manufactured home, Class B may be permanently located on a lot
or parcel as permitted by the underlying zoning district, except in
planned development manufactured home parks.
2. For the purposes of this section, the following shall apply:
a. The manufactured home is the only residential structure located on
the lot or parcel.
b. The manufactured home is constructed on a permanent footing that
meets the requirements of the building code. Skirting may be
permitted around the perimeter of the foundation.
c. The tongue, axles, transporting lights, and towing apparatus are
removed after placement on the lot and before occupancy.
L. Manufactured home, family member residence. ..... A manufactured
home, Class B, located on the same lot or parcel as a primary dwelling
may be allowed as an accessory use in accordance with the provisions of
the underlying zoning district.
For the purposes of this section, the following shall apply:
1. The manufactured home shall be occupied solely by a specified family
member or members, related to the occupants of the primary residence
on the property.
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a. The owner of the lot or parcel must occupy the primary dwelling.
b. A family member manufactured home shall not be permitted prior
to the construction and occupancy of the primary dwelling.
c. The manufactured home shall be removed not later than ninety
(90) days after no longer being occupied by the specified
occupants.
2. The minimum lot size for a primary residence with a family member
manufactured home shall be one hundred fifty percent (150%) of the
minimum square footage required by the underlying zoning district.
3. Where public sewer is not available, the Isle of Wight County Health
Department shall approve sewage disposal for all family member
manufactured homes.
4. Only one (1) family member manufactured home is allowed per
parcel.
5. No family member manufactured home shall be allowed on a lot with
another manufactured home, Class B.
6. A zoning permit shall not be issued for a family member
manufactured homes until the following procedure has been
completed:
a. The zoning administrator is to send written notification by
certified letter to the last known address of each adjacent property
owner advising them of the proposed family member
manufactured home and informing them that the permit may be
issued if written comments are not received within thirty (30)
days. The property shall also be posted with a sign pursuant to
section 1-1021 for no less than fourteen (14) days prior to the
expiration of the thirty-day period.
b. If the zoning administrator receives no written objection from any
property owner so notified within thirty (30) days of the date of
sending the notification letter, and the zoning administrator
determines that the proposed manufactured home otherwise
complies with the zoning ordinance, and the requirements for
sewage disposal, the zoning administrator may issue a zoning
permit for the family member manufactured home.
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c. If the zoning administrator receives written objection from any
property owner so notified within thirty (30) days of the date of
sending the notification letter, then the zoning administrator may
not issue a zoning permit unless and until such time as a
conditional use permit for the proposed manufactured home for a
family member is approved by the board of supervisors with a
recommendation by the planning commission.
M. Manufactured home, temporary residence. ..... A manufactured home,
Class B may be allowed as a temporary residence during the construction,
repair, or renovation of a permanent residential structure on a single lot or
parcel subject to the following:
1. All permits for temporary residences, while repairing a permanent
residence shall expire within one (1) year after the date of issuance.
No extension shall be considered unless substantial construction has
been initiated on the permanent residence. One (1) extension not
exceeding ninety (90) days may be granted by the zoning
administrator if it is determined that such additional time is required to
reasonably complete the construction, repair or renovation of the
permanent residence.
2. All permits issued for temporary residence while constructing a new
replacement residence shall expire within two (2) years after the date
of issuance. No extension shall be considered unless substantial
construction has been initiated on the replacement residence. One (1)
extension not exceeding ninety (90) days may be granted by the
zoning administrator if it is determined that such additional time is
required to reasonably complete the construction, repair or renovation
of the replacement residence.
3. All temporary manufactured homes must be removed at least thirty
(30) days after a final certificate of occupancy has been issued.
4. Only one (1) temporary manufactured home is allowed per parcel.
N. Multifamily dwelling.
1. Districts permitted. ..... Multifamily apartments are permitted as
indicated in the zoning district regulations. The following standards
for such apartment uses are intended to supplement, and in some
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cases, supersede those outlined in the schedule of zone regulations
district regulations.
2. Density controls for multifamily apartment development.
a. Lot area and dimensions.
i. Minimum lot area: Fifteen thousand (15,000) square feet.
(Note: Multifamily dwellings located on less than three (3)
contiguous acres shall obtain a conditional use permit.)
ii. Minimum frontage: One hundred (100) feet in continuous
frontage.
iii. Minimum lot depth: One hundred (100) feet.
iv. Minimum setbacks:
Front: Thirty (30) feet.
Side: Fifteen (15) feet.
Rear: Twenty (20) feet.
3. Buffers and special setback requirements:
a. All structures, including accessory structures, shall be located a
minimum of seventy (70) feet from the right-of-way of an existing
street which abuts or borders the development. An additional
twenty-foot setback from existing arterial streets shall be required
for any structure which exceeds two (2) stories.
b. Building setbacks for lots adjacent to single-family residential
districts or property used for single-family dwellings shall be at
least fifty (50) feet. No active recreational areas, parking, or refuse
containers should be located within this setback area.
c. Whenever the principal entrance to a multifamily structure, or the
entrance to the individual dwelling units therein, faces on and
opens directly onto the side or rear yard portion of a building, the
yard width shall not be less than the front yard requirement. No
parking shall be permitted within the side or rear yard space
required under this provision.
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d. The rear yard setback may be reduced to twenty (20) feet from
service drives, driveway aisles, parking areas, and alleys.
e. The minimum distance between multifamily structures shall be
fifty (50) feet.
4. Maximum density: ..... Fourteen (14) dwelling units per acre.
5. Building coverage: ..... The maximum lot coverage for principal and
accessory buildings shall be forty percent (40%) of the total tract area.
6. Open space:
a. A minimum of forty-five percent (45%) of the total site area shall
be maintained as open space. This required open space shall not be
devoted to service driveways, off-street parking, or loading spaces.
b. It is further provided that twenty-five percent (25%) of the above-
referenced open space be suitable for usable recreational space.
c. Each such recreational space shall be at least fifty (50) feet in the
least dimension with a minimum area of five thousand (5,000)
square feet.
7. [Multifamily apartments:] ..... Multifamily apartments shall be
provided with central water and public sewerage systems constructed
in accordance with county standards and specifications for such
systems and be approved by all appropriate agencies.
8. [Private streets:] ..... Private streets shall meet the design, material and
construction standards established by the Virginia Department of
Transportation. A maintenance plan shall be prepared and submitted
as part of the site development plan approval process.
9. [Parking standards.] ..... Parking standards and aisle widths shall be
accordance with article X of this ordinance.
10. Landscaping: ..... For the purpose of landscaping, multifamily
dwellings shall be treated as a commercial use type and required to
submit a landscaping plan meeting all of the guidelines and
specifications of article VIII pertaining to such use types.
11. [Lighting:] ..... Lighting shall be installed in accordance with article
XI (outdoor lighting requirements and restrictions) and shall be
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arranged to shine inward so that it does not reflect onto adjacent
properties or impair the safe movement of traffic.
12. Site plan approval: ..... Site plans shall be required for all multifamily
developments in accordance with the provisions of this ordinance.
13. Management of common and open spaces in multifamily and
condominium developments:
a. All common and open spaces shall be preserved for their intended
purpose as expressed on the approved site plan.
b. A management structure consisting of a nonprofit association,
corporation, trust, or foundation for all owners of residential
property within the development shall be established to insure the
maintenance of open space and other facilities.
c. The management structure shall be established prior to the sale of
any property.
d. Membership in the management structure shall be mandatory for
all residential property owners, present or future, within the
development.
e. The management structure shall manage all common and open
spaces, recreational and cultural facilities, and private streets, and
shall provide for the maintenance, administration and operation of
said land and improvements, and secure adequate liability
insurance on the land.
f. The management structure and organization shall comply with the
Condominium Act, Code of Virginia (1950), as amended.
14. Architectural treatment: ..... The following architectural treatments
shall be incorporated into all multifamily developments:
a. Developments shall possess architectural variety but enhance an
overall cohesive residential character. This character shall be achieved
through the creative use of design elements such as balconies and
or/terraces, articulation of doors and windows, varied sculptural or
textural relief of facades, and architectural ornaments, varied rooflines
or other appurtenances such as lighting fixtures and/or plantings, and
where applicable varied placement of front entryways.
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b. Pedestrian pathways shall be used to link all buildings, greenspaces,
and recreational areas within the development. Buildings shall be
linked to sidewalks and to each other as appropriate. These walkways
shall be landscaped and lighted.
c. Open space areas shall be considered an organizing element of the site
plan. Courtyards or greens shall be utilized within the development. In
such instances, residential buildings shall front on these open spaces.
O. Temporary emergency housing.
1. Intent: ..... These regulations are adopted in recognition that temporary
emergency housing options may be necessitated by fire, flood, or
other unforeseen and sudden acts of nature.
2. Temporary emergency housing, used under a declared disaster:
a. Temporary emergency housing may be placed on property when a
disaster has been declared by the board of supervisors, the Governor
of the Commonwealth of Virginia, or the President of the United
States in accordance with applicable state and federal law.
b. A zoning permit shall be obtained before temporary emergency
housing can be placed on the property.
c. All zoning requirements, including setback requirements, may be
waived as determined to be necessary by the zoning administrator.
d. The period for temporary placement of such structures shall be no
more than twelve (12) months, unless an extension is specifically
authorized by the board of supervisors for an additional period of time
to be set by the board.
e. No action under these provisions shall authorize permanent
improvements or establishing a use in violation of this ordinance or
any other law.
3. Temporary emergency housing, used during reconstruction or
replacement of an uninhabitable dwelling lost or destroyed by fire,
flood, or other unforeseen and sudden acts of nature.
a. The zoning administrator may authorize the emergency use of a
temporary emergency housing on a lot, if the building official certifies
that the permanent dwelling on the lot is uninhabitable.
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b. Only one (1) temporary emergency housing unit shall be permitted on
any lot of record. It shall be located on the same lot as the destroyed
dwelling, and must be occupied only by the person, persons, or
family, whose dwelling was destroyed.
c. The temporary emergency housing shall meet all setback and yard
requirements for the district in which it is located. It shall be anchored
and stabilized in accordance with the provisions of the Virginia
Uniform Statewide Building Code.
d. A one time extension of up to ninety (90) additional days may be
granted by the zoning administrator if substantial reconstruction of the
destroyed dwelling has occurred, and work has, and is continuing to
progress. The temporary emergency housing must be removed within
thirty (30) days after a final certificate of occupancy has been issued
for the reconstructed dwelling.
P. Townhouse. ..... Townhouses are permitted as indicated in zoning
district(s) regulation(s). The following standards for townhouse
development are intended to supplement, and in some cases, supersede
those outlined in the district regulations:
1. Density requirements:
a. Minimum parcel area: Fifteen thousand (15,000) square feet.
(Note: Townhouse developments located on less than three (3)
contiguous acres shall obtain a conditional use permit.)
2. Townhouse developments:
a. Each parcel utilized for townhouse development shall have a
minimum frontage of at least two hundred (200) feet upon a public
street and shall have a minimum depth of not less than two
hundred (200) feet.
b. The maximum permitted density shall not exceed the density
permitted in the zoning district for the total tract area of the
townhouse development.
c. The total of all building areas shall not exceed forty percent (40%)
of the gross site acreage of the townhouse development.
3. Townhouse lots:
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a. The lot width, measured at the building line, for individual
townhouse dwelling units shall be no less than twenty (20) feet.
b. The lot width of end units of townhouse structures shall be
adequate to provide the required side yards.
c. There shall be no more than one (1) townhouse dwelling unit on a
townhouse lot.
d. Individual townhouse lots shall contain no less than one thousand
five hundred (1,500) square feet, except that end units shall
contain not less than three thousand five hundred (3,500) square
feet.
4. Yard requirements:
a. Front yards. ..... The front yard of a townhouse lot which fronts on
a public or private street shall be twenty-five (25) feet.
b. Side yards. ..... Side yards shall be required only for end unit lots
of a townhouse structure. Under no condition shall a side yard
adjacent to a public or private street, or adjacent to the property
line of the townhouse development be less than the required
minimum front yard.
c. Rear yards. ..... A rear yard of twenty-five (25) feet shall be
provided for each townhouse lot.
5. Building coverage: ..... The maximum lot coverage for principle and
accessory buildings shall be forty percent (40%) of the total tract
areas.
6. Building requirements and relationship:
a. Dwelling units per townhouse structure and length of structure. .....
No more than eight (8) dwelling units shall be contained in a
townhouse structure. The maximum length of any townhouse
structure shall not exceed two hundred (200) feet.
b. Setback between buildings. ..... The minimum distance between
any two (2) unattached townhouse structures shall be forty (40)
feet. The setback shall be increased to sixty (60) feet if the
townhouse structures are face to face. The point of measurement
shall be the exterior walls of the structures and does not include
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balconies or other architectural features. In the event that the
structures are contained within a townhouse cluster, the above
distances may be reduced to twenty-five (25) feet and forty (40)
feet, respectively.
c. Distance to service areas. ..... No townhouse structure shall be
closer than twenty (20) feet to any interior driveway or closer than
fifteen (15) feet to any off-street parking area excluding a garage
or parking space intended to serve an individual townhouse unit.
7. [Minimum livable area:] ..... Individual townhouse units shall contain
at least nine hundred (900) square feet of livable floor area, exclusive
of garages, carports, basements, attics, open porches, patios, or
breezeways.
8. Requirements for townhouse cluster:
a. All lots within a townhouse cluster shall front on a public way. A
public way intended for pedestrian circulation shall have a
minimum width of five (5) feet.
b. All public ways or other common facilities within a townhouse
cluster shall be maintained by the property owners within the
townhouse cluster.
9. Utilities—Water and sewage systems:
a. Townhouses shall be provided with central water and public
sewerage systems constructed in accordance with standards and
specifications for such systems and be approved by all appropriate
agencies including the Isle of Wight County Department of Public
Utilities and the Hampton Roads Sanitation District.
b. All utilities shall be located underground.
10. [Private streets:] ..... Private streets shall meet the design, material and
construction standards established by the Virginia Department of
Transportation. A maintenance plan shall be prepared and submitted
as part of the site development plan approval process.
11. [Parking standards:] ..... Parking standards and aisle widths shall be in
accordance with article X, vehicle parking and landscaping.
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12. Open space: ..... A minimum of forty percent (40%) of the lot, parcel,
or tract of land upon which the townhouse development is located
shall be maintained in common open space areas.
13. Landscaping: ..... For the purpose of landscaping, townhouses shall be
treated as a commercial use type and required to submit a landscaping
plan meeting all of the guidelines and specifications of article VIII
pertaining to such use types.
14. Lighting: ..... Lighting shall be installed in accordance with article XI
and shall be arranged to shine inward so that it does not reflect onto
adjacent properties or impair the safe movement of traffic.
15. Site plan approval: ..... Site plans shall be required for all townhouse
developments in accordance with the provisions of this ordinance.
16. Management of common and open spaces in townhouses and
condominium developments:
a. All common and open spaces shall be preserved for their intended
purpose as expressed on the site plan.
b. A management structure consisting of a nonprofit association,
corporation, trust, or foundation for all owners of residential
property within the development shall be established to insure the
maintenance of open space and other facilities.
c. The management structure shall be established prior to the sale of
any property.
d. Membership in the management structure shall be mandatory for
all residential property owners, present or future, within the
development.
e. The management structure shall manage all common and open
spaces, recreational and cultural facilities, and private streets, and
shall provide for the maintenance, administration and operation of
said land and improvements, and secure adequate liability
insurance on the land.
f. The management structure and organization shall comply with the
Condominium Act, Code of Virginia (1950), as amended.
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17. Architectural treatment: ..... The following architectural treatments
shall be incorporated into all townhouse developments:
a. Townhouse rows of more than six (6) units shall be clustered and
employ sufficient variety of setbacks to avoid monotonous facades
and bulky masses. The front setback of each townhouse unit shall
be varied at least two (2) feet from the adjacent unit; every third
unit shall vary at least four (4) feet from the adjacent unit.
b. Developments shall possess architectural variety but enhance an
overall cohesive residential character. This character shall be
achieved through the creative use of design elements such as
balconies and or/terraces, articulation of doors and windows,
varied sculptural or textural relief of facades, and architectural
ornaments, varied rooflines or other appurtenances such as lighting
fixtures and/or plantings, and where applicable varied placement
of front entryways.
c. Townhouses may front onto open spaces. In this instance, a private
shared driveway in the rear of residential buildings shall be
utilized. A minimum of eighty percent (80%) front yard soft
landscaping shall be planted. Garages shall not protrude beyond
the farthest wall of the residential building on the same side.
d. In instances where front entryways are placed in the front yard of a
townhouse, garages shall not protrude forward beyond the front
door of the housing unit.
e. Pedestrian pathways shall be used to link all buildings, green
spaces, and recreational areas within the development. Buildings
shall be linked to sidewalks and to each other as appropriate.
These walkways shall be landscaped and lighted. (7-7-05, 3-20-
14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle
of Wight County Board of Supervisors that Appendix B, Zoning, Section 5-
5003, Supplemental Use Regulations for Civic Use Types, of the Isle of
Wight County Code be amended and reenacted as follows:
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Sec. 5-5003. Supplementary use regulations for civic use types.
A. Adult care center.
1. Proof that all required local, state, or federal licenses, permits, and
other documents necessary for the operation of an adult care center
shall be provided to the zoning administrator prior to the issuance of a
zoning permit.
2. The zoning administrator shall be notified of any license expiration,
suspension, revocation or denial within three (3) days of such event.
Failure to do so shall be deemed willful noncompliance with the
provisions of this zoning ordinance.
3. Where provided for in the zoning district(s) regulation(s) as a
conditional use, an adult day care center may be permitted by the
board of supervisors with a recommendation by the planning
commission upon a finding of the following criteria:
a. That the adult care center will not create excessive traffic,
insufficient parking, number of individuals being cared for, noise,
or type of physical activity; and
b. That there is ample indoor and outdoor space, free from hazard,
appropriately equipped with considerations given to the physical
and mental conditions of the persons attending the adult care
center.
4. A conditional use permit shall not be required for an adult care center
that is operated by a religious organization, in buildings or structures
on property regularly used as a place of worship, or on adjacent leased
property.
B. Cemetery.
1. Any burial plot on land abutting a public or private street shall comply
with the required front yard setback of the underlying zoning district
and twenty-five (25) feet from all property lines.
2. Arrangements for perpetual maintenance of the cemetery shall be in
compliance with all applicable governmental laws and regulatory
requirements and shall be approved by the county attorney as to form.
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3. Cemeteries and distance from wells. All cemeteries shall meet the
requirements set forth below unless otherwise exempted by the
department of health.
Well Class Distance from Cemetery
Class 3A or deep well Minimum 50 feet
Class 3B well Minimum 50 feet
Class 3C or a shallow well Minimum 100 feet
Class 4 well Minimum 100 feet
4. Landscaping shall be distributed across the area developed as a
cemetery to provide a minimum of ten percent (10%) canopy
coverage or shading within twenty (20) years.
The proposed location for a cemetery shall be compatible with adjacent
land uses, existing or proposed highways, and any other elements or factors
deemed to affect the public health, safety, and welfare of the inhabitants of
such district.
C. Child care center.
1. Proof that all required local, state, or federal licenses, permits, and
other documents necessary for the operation of a child care center
shall be provided to the zoning administrator prior to the issuance of a
zoning permit.
2. The zoning administrator shall be notified of any license expiration,
suspension, revocation or denial within three (3) days of such event.
Failure to do so shall be deemed willful noncompliance with the
provisions of this zoning ordinance.
3. Where provided for in the zoning district(s) regulation(s) as a
conditional use, a child care center may be permitted by the board of
supervisors with a recommendation by the planning commission upon
a finding of the following criteria:
a. That the child care center will not create excessive traffic,
insufficient parking, number of individuals being cared for, noise,
or type of physical activity;
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b. That there is ample indoor and outdoor play space, free from
hazard, appropriately equipped, and readily accessible for the age
and number of children attending the child day care center; and
c. That the area of the property upon which the child care center is
located contains no less than one thousand (1,000) square feet per
child to be cared for in the child care center.
4. A conditional use permit shall not be required for a child care center
that is operated by a religious organization, in buildings or structures
on property regularly used as a place of worship, or on adjacent leased
property.
D. Child care institution.
1. Setbacks adjacent to single-family residential districts or property
used for single-family dwellings shall be at least sixty (60) feet. No
active recreational areas, refuse containers, parking or vehicular
access, etc., should be located within this setback area.
2. Perimeter landscaping shall be in accordance with use types as
specified in article VIII, and fencing shall be required.
3. Entrances for vehicular access must be provided in accordance with
requirements of the Virginia Department of Transportation, and shall
be located at least sixty (60) feet from exterior lot lines.
4. Vehicular parking shall be in accordance with the requirements of this
ordinance.
5. Lighting shall be installed in accordance with article XI (outdoor
lighting requirements and restrictions) and shall be arranged to shine
inward so that it does not reflect onto adjacent properties or impair the
safe movement of traffic.
E. Community center.
1. Pedestrian access and/or bike paths shall be provided to adjacent
residential developments. A bike parking area shall also be provided.
2. Entrances for vehicular access must be provided in accordance with
requirements of the Virginia Department of Transportation, and shall
be located at least fifteen (15) feet from any recreational use on the lot
and from exterior lot lines.
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3. Vehicular parking shall be in accordance with the requirements of this
ordinance and shall not be designed as to require or encourage cars to
back into a street.
4. Lighting shall be installed in accordance with article XI (outdoor
lighting requirements and restrictions) and shall be arranged to shine
inward so that it does not reflect onto adjacent properties or impair the
safe movement of traffic.
F. Educational facility, primary/secondary. ..... Facilities in the RAC and VC
enlarged without a conditional use permit provided that all other site plan
requirements are met.
G. Modular classroom. ..... Modular classroom unit(s) shall only be allowed
on a temporary basis, not to exceed twelve (12) months, on the site of an
existing primary/secondary, college/university, or religious assembly
educational facility.
1. No more than three (3) units shall be allowed on a single site without
approval of a conditional use permit.
2. The placement of the modular classroom unit(s) shall meet all of the
required building setbacks for the underlying zoning district. In
addition, all modular classroom unit(s) shall be setbacks at least thirty-
five (35) feet from the front or primary entrance of the permanent
education facility.
3. The existing parking on the site shall meet the requirements of article
X, including spaces necessary to serve users of the modular classroom
unit(s).
4. Exterior lighting of the modular classroom unit(s) shall be shielded
and shall have zero (0) spillover onto adjacent properties.
5. If existing landscaping on the site does not meet the requirements of
article VIII, additional landscaping shall be required to attain the
minimum buffer and frontage zone landscaping requirements of the
site. Foundation zone planting is not required for modular classroom
units which are in place less than twelve (12) months.
6. Modular classroom unit design and installation shall meet all
applicable federal, state and local building code regulations.
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7. Modular classrooms which require placement longer than twelve (12)
months or construction of additional parking shall require a
conditional use permit.
H. Nursing home. ..... Buildings in existence as of the date of adoption of this
ordinance may be expanded or enlarged without a conditional use permit
provided that all other site plan requirements are met.
I. Public maintenance and service facility. ..... Outside storage of materials
shall be completely screened from public view, including vehicular
storage areas.
J. Public park and recreational area.
1. All outdoor recreational playfields, grounds and facilities and
associated fences or enclosures shall conform to the required front and
corner side yard building setbacks of the underlying zoning district.
2. Recreational structures for indoor recreation shall meet the required
setbacks of the underlying zoning district for a primary use.
3. Pedestrian access shall be provided whenever practicable to adjacent
residential properties.
4. Entrances for vehicular access must be provided in accordance with
requirements of the Virginia Department of Transportation, and shall
be located at least fifteen (15) feet from any recreational use on the lot
and twenty-five (25) feet from any exterior lot lines.
5. Vehicular parking shall be in accordance with the requirements of this
ordinance and shall not be designed as to require or encourage cars to
back into a street.
6. Lighting shall be installed in accordance with article XI (outdoor
lighting requirements and restrictions) and shall be arranged to shine
inward so that it does not reflect onto adjacent properties or impair the
safe movement of traffic.
7. All public swimming pools shall conform to the following minimum
requirements:
a. Setback requirements: Seventy-five (75) feet from any property
line.
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i. Additional setback requirements:
1. Setback adjacent to residential zone: One hundred twenty-
five (125) feet.
2. Setback adjacent to railroad right-of-way, publicly point:
Twenty-five (25) feet.
b. Any buildings erected on the site of any such pool shall comply
with the yard requirements of the zone in which the pool is
located.
8. A public water supply shall be available and shall be used for the
pool. Use of a private supply of water for the pool may be granted by
conditional use permit provided that it will not adversely affect the
water supply of the community.
9. Perimeter landscaping shall be in accordance with article VIII and
fencing shall be required adjacent to a residential zone.
10. Special conditions deemed necessary to safeguard the general
community interest and welfare, such as provisions for off-street
parking, additional fencing or planting or other landscaping, additional
setback from property lines, location and arrangement of lighting and
other reasonable requirements, including a showing of financial
responsibility by the applicant, may be required by the board of
supervisors with a recommendation from the planning commission as
a requisite to the granting of a conditional use when applicable.
K. Religious assembly.
1. Religious facilities in the RAC and VC districts in existence as of the
date of this ordinance may be expanded or enlarged without a
conditional use permit provided that all other site plan requirements
are met.
2. Religious assembly may occupy existing civic or commercial facilities
in the RAC, VC, GC and PD-MX districts as a principal, accessory or
temporary use provided that the existing site improvements,
particularly parking, are adequate to accommodate the demands of the
use and provided that the use is allowed under the conditional zoning
of the property, if applicable.
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Any new construction, expansion, or enlargement shall obtain a
conditional use permit in accordance with this ordinance.
L. Utility service, minor. ..... All new customer utilities, services, including,
but not limited to, all wires, cables, pipes, conduits and appurtenant
equipment, carrying or used in connection with the furnishing of electric
power, telephone, telegraph, cable televisions, petroleum, gas, steam,
water or sewer systems, shall, after the effective date of this ordinance be
placed below the surface of the ground; provided, that:
1. Equipment such as electric distribution transformers, transmission
33KV and above, switchgear, meter pedestals and telephone pedestals,
which are normally installed above ground and in accordance with
accepted utility practices for underground distribution systems may be
so installed;
2. Meters, service connections and similar equipment normally attached
to the outside wall of the premises it serves may continue to be so
installed;
3. Overhead utilities services existing as of October 29, 1974, may be
repaired, replaced or increased in capacity; and relocated parallel and
adjacent to preexisting state roads;
4. Temporary overhead facilities required for construction purposes will
be permitted;
5. Whenever relocation of utility facilities is compelled by any
construction undertaken by any unit of government, the provisions of
this section may be waived by the board of supervisors or its agent;
6. Overhead farm and industrial customer utility services and wiring
which is on property owned and/or occupied by the users thereof will
be permitted;
7. Underground utilities will not be required in those areas of the county
zoned rural agricultural conservation districts under the zoning
ordinance of Isle of Wight County;
8. Underground utilities will not be required in industrial parks which
would be defined as subdivisions by the subdivision ordinance of Isle
of Wight County if zoned to an industrial use under the zoning
ordinance of Isle of Wight County;
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9. Overhead utilities services may be extended within a subdivision
where the average lot size (excluding the original parcel) is greater
than five (5) acres and may further be extended in any case where
such extension would be parallel and adjacent to public roads existing
as October 29, 1974. Utilities services along roads not existing as of
October 29, 1974, and internal to a subdivision where the average lot
size (excluding the original parcel) is five (5) acres or less must be
underground. Overhead utilities services may be extended along or
across other public roads as authorized by the zoning administrator.
10. All improvements herein required shall be in accordance with
accepted standards of utility practice for underground construction.
M. Utility services, major.
1. Public utility buildings in any permitted residential zone shall have the
exterior appearance of residential buildings. Landscaping shall be
provided in accordance with article VIII.
2. Nothing herein shall require a conditional use permit for repair of a
water well so long as the design capacity of the repaired well is not
increased; nor shall a conditional use permit be required for
replacement of a well which is worn out or has become less
productive, so long as:
a. The replacement well is no more than one-fourth (¼) of a mile in
distance from the well being replaced;
b. The replaced well is abandoned in accordance with regulations
administered and enforced by Virginia Department of
Environmental Quality or other applicable agency;
c. The replacement well shall draw water from the lower cretaceous
aquifer (Potomac Group) only;
d. The owner of the well demonstrates to the zoning administrator
that the replacement well will provide no more water than the well
being replaced by providing the zoning administrator board with
the initial production tests of the well being replaced and the initial
production tests of the replacement well; and
e. The average static water level of the lower cretaceous aquifer, as
determined from the average of all monitoring and observation
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wells of the Virginia Department of Environmental Quality, has
not dropped more than fifty percent (50%) from the most recent
average static water level. (Measured from the most recent average
static water level to the top of the aquifer.)
Provided, further, that if the owner has more than one (1) well
designed or capable of producing fifty thousand (50,000) gallons or
more per day located in Isle of Wight County, Virginia, the owner
shall provide the zoning administrator with the name, location and
initial production tests of such other wells of said design or capacity.
3. The dissolution or abandonment of a public water system previously
approved by the Virginia Department of Health and/or the county
shall require obtaining a conditional use permit from the board of
supervisors, after recommendation from the planning commission. (7-
7-05; 5-27-10; Ord. No. 2012-2-C, 2-16-12, 3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle
of Wight County Board of Supervisors that Appendix B, Zoning, Section 6-
1004, Affected Development, of the Isle of Wight County Code be amended
and reenacted as follows:
Sec. 6-1004. Affected development.
A. Review required. ..... All proposed development activities located within
the Highway Corridor Overlay District shall be reviewed and approved by
the zoning administrator, or if applicable, by the Board of Supervisors
following a recommendation by the Planning Commission in accordance
with the regulations contained herein and part 2 of article VII
(development review). Any changes shall also receive such approval
before proceeding.
B. Development activity permitted within the district. ..... There shall be no
expansion or enlargement of the existing condition of the lands, uses or
structures, or change in use as defined in section 5-1003, change in use,
within the Highway Corridor Overlay District from the date of enactment
of this article henceforth, except as provided for by this section or by
other sections of this article.
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C. Development activity prohibited within the district. ..... These regulations
are supplementary to the permitted uses and requirements for the
appropriate underlying zoning district as contained in the Isle of Wight
County Zoning Ordinance. Uses prohibited in the underlying zoning
district are also prohibited in the Highway Corridor Overlay District. (7-
7-05; 8-20-09; Ord. No. 2012-8-C, 8-16-12, 3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle
of Wight County Board of Supervisors that Appendix B, Zoning, Section 6-
1005, Exemptions to the Highway Corridor Overlay District Requirements,
of the Isle of Wight County Code be amended and reenacted as follows:
Sec. 6-1005. Exemptions to the Highway Corridor Overlay District
requirements.
A. Single-family dwellings. The construction of detached single-family
dwellings on individual lots or parcels within the Highway Corridor
Overlay District which are not located within a residential subdivision are
exempt from this section. For the purpose of this section, a subdivision
shall consist of a minimum of five (5) lots all platted at the same time.
Also, construction of detached single-family dwellings on lots or parcels
within a residential subdivision are exempt if the subdivision plat was
legally recorded prior to adoption of this section.
B. Agricultural structures. The construction of bona fide agricultural
structures required for on-premises farming operations involving the
cultivation of crops or the raising and keeping of livestock and the
preparation of land for cultivation of crops are exempt from this section.
C. Forestry operations. Timbering or silvicultural activities is permitted upon
any lot, parcel, or tract of land located within the district except that clear-
cutting in any district other than lands zoned RAC, shall not occur within
at least fifty (50) feet from any of the arterial rights-of-way as designated
in section 6-1003.
D. Nonconforming sites developed or platted prior to November 5, 1992.
Exemptions, whether partial or total, from Highway Corridor Overlay
District site design provisions may be granted by the Board of
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Supervisions following a recommendation by the Planning Commission if
it can be sufficiently demonstrated that such requirements will create an
undue hardship upon an existing situation. In such cases, the Board of
Supervisors may require the establishment of shared parking and access
easements between adjacent nonconforming properties or other consistent
provisions to accomplish the purpose and intent of the district.
1. A one-time exemption may be granted by the zoning administrator for
the expansion of an existing developed property to enlarge the total
square footage of the principle building by not more than twenty-five
percent (25%) of the total floor area; however, in no case shall such an
expansion exceed twenty-five hundred (2,500) square feet. Any
subsequent future expansion of floor area will require compliance
with the standards of this district.
2. A one-time exemption may be granted by the zoning
administrator for a single accessory building of no greater than five
hundred (500) square feet. Any subsequent future expansion of floor
area will require compliance with the standards of this district. (7-7-
05; 8-20-09; Ord. No. 2012-8-C, 8-16-12, 3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle
of Wight County Board of Supervisors that Appendix B, Zoning, Section 6-
1007, Permitted Activity in the Minimum Visual Buffer, of the Isle of Wight
County Code be amended and reenacted as follows:
Sec. 6-1007. Permitted activity in the minimum visual buffer.
A. Within the minimum visual buffer there shall be no development,
clearing, grading, or construction activity with the following exceptions:
1. Roadway or driveway access to the portion of the site not in the
minimum visual buffer is permitted provided that it is approximately
perpendicular to the arterial public right-of-way;
2. Water, sanitary sewer, storm drainage, electrical, telephone, natural
cable, and utility service lines may be installed below the surface of
the ground at right angles provided that the natural vegetation is
preserved and protected to the greatest extent practicable, and frontage
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zone landscaping points requirements are met. Where such existing or
proposed utility easements substantially reduce the area devoted to
landscaping in the buffer below the frontage zone landscaping points
requirements, an additional amount of landscaping beyond the fifty
(50) feet may be required;
3. Sidewalks, or other pedestrian and bicycle paths designed to provide
continuous connection along the road corridor may be permitted,
provided that they can be constructed without materially reducing the
screening and visual softening capacity of the required landscaping;
4. Signs are permitted in accordance with article IX;
5. Clearing for sight distances is permitted at the entrances and exits to
any development as needed to provide for reasonable traffic safety, in
accordance with accepted traffic engineering practices recommended
or required by the Virginia Department of Transportation;
6. The trimming of existing limbs or branches of preserved trees is
permitted, when approved by the zoning administrator.
B. The following cases anticipate those situations where the Board of
Supervisors following a recommendation by the Planning Commission
may determine that the minimum visual buffer requirements may be
reduced or removed:
1. Views and vistas of existing buildings which heighten the visual
experience serve as important points of spatial identification or
contain value as important historical resources;
2. Views and vistas of existing natural landscape/topographical features
of a particular area of the district which correspond to certain high
points affording panoramic views, views involving settlement clusters,
views of water, tidal and nontidal wetlands, tributary streams, and
other elements of the physical landscape;
3. Views and vistas to existing recreational/open space areas, whether
natural or manmade, which serve to contribute to the overall visual
environment. Such uses include, but are not limited to, golf courses,
state or local parks, equestrian centers, and cemeteries, etc.
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4. Views and vistas which give the observer an awareness of a location's
inherent character related to views of farmland, pastures, and water
activities, such as docks or other maritime activities.
C. Where a proposed development intends to further enhance or protect the
existing visual environment, the Board of Supervisors may exempt,
wholly or partially, the proposed development from the required
minimum visual buffer. Examples include the following:
1. A proposed development which by virtue of the characteristics of its
structures indicates innovation of design, a unique relationship with
the site, represents a focal point and establishes a particular
identifying element for the county;
2. A proposed development which exhibits innovative or unique uses of
site landscaping, or which combines in the use of the site, open
recreational areas such as described above. (7-7-05; 8-20-09; Ord. No.
2012-8-C, 8-16-12, 3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle
of Wight County Board of Supervisors that Appendix B, Zoning, Section 6-
1010, Architectural and Development Guidelines for All Nonresidential
Uses, of the Isle of Wight County Code be amended and reenacted as
follows:
Sec. 6-1010. Architectural and development guidelines for all nonresidential
uses.
The compatible relationship of architecture along highways within the
Highway Corridor Overlay District is of critical public concern for any
structures or site improvements. The purpose and intent of these architectural
guidelines and development standards is not to stifle innovative architecture
or development, but to assure respect for and to reduce incompatible and
adverse impacts on the visual experience from the highway.
A. Architectural guidelines. ..... The architectural design of structures and
their materials and colors shall be visually harmonious with the
overall appearance, history, and cultural heritage of Isle of Wight
County, with natural landforms and existing vegetation. Specific
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consideration shall be given to compatibility with adjacent properties
where such projects demonstrate the county's character. Design and
architectural features will demonstrate consistency with the following
provisions:
1. A shopping center, office complex or similar group of buildings
shall be arranged in such a manner to minimize the impact of
vehicle parking areas along the arterial with buildings fronting the
arterial, and parking being located towards the center of the
development away from the arterial. Parking in the side and rear of
such sites shall be encouraged.
2. Stucco, natural wood siding, brick, stone, decorative block,
cementitous siding or other materials with similar texture and
appearance are considered appropriate to county character and
shall be provided on all exterior elevations. Vinyl siding, flat or
corrugated metal and concrete block shall not be used for exterior
siding material on any building, except that vinyl siding may be
used as trim material. The exterior covering material shall extend
to the ground, except that when a solid brick or masonry perimeter
foundation is used, exterior covering material need not extend
below the top of the foundation.
3. Avoidance of long monotonous facade designs including, but not
limited to, those characterized by unrelieved repetition of shape or
form or by unbroken extension of line shall be avoided. Thirty
percent (30%) of the square footage of the front wall area of the
walls fronting on a street shall be set back or offset at least ten (10)
feet from the remaining portion of the wall area fronting on a
street.
4. No building facade (whether front, side or rear) will consist of
architectural materials inferior in quality, appearance, or detail to
any other facade of the same building. The intent of this
requirement is not to preclude the use of different materials on
different buildings' facades (which would be acceptable if
representative of good architectural design), but rather to preclude
the use of inferior materials on sides which face adjoining property
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and thus, might adversely impact existing or future development
causing a substantial depreciation of property values.
5. Not less than sixteen percent (16%) of the total area of any facade
visible from a public way (excluding work areas) shall consist of
windows and doors.
6. Large work area doors or open bays shall not open toward or face
the highway.
7. Heating, ventilating, and air conditioning equipment, duct work,
air compressors and other fixed operating machinery shall be
either screened from view or located so that such items are not
visible from the highway. Utility meters, aboveground tanks,
satellite dishes, antennas, etc., shall be similarly treated.
8. The exterior of the foundation walls shall be of brick or masonry
construction, except when the exterior wall material extends to the
ground in accordance with subsection 6-1010.A.2.
9. Colors of paints and stains shall be nature-blending with generally
no more than three (3) colors per building. Semitransparent stains
are recommended for application on natural wood finishes.
10. Entryways and landings visible from public areas should be
covered by a roof that is an integrated and compatible component
to the roof and architectural treatment of the main structure.
11. Fencing along the highway right-of-way is discouraged, but if
used, such fencing shall be landscaped to minimize visibility from
the highway or be of a style which is harmonious with the rural,
agricultural and historical character of the county. Chain link
fences shall be prohibited.
B. Development standards. ..... Proposed development within the district
should provide for visual compatibility and harmony with surrounding
natural landforms and vegetation; be protective of views and vistas
from the arterial highways within the district; and provide continuity
of site design within the proposed development. These objectives
include the following standards:
1. Earth moving, fill, grading, clearing of property, and the removal
of trees and vegetation shall be the minimum necessary to provide
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for the use. In particular, activities that could cause disruption of
natural watercourses or disfiguration of natural landforms are
prohibited.
2. Proposed development shall be located and configured in a
visually harmonious manner with the terrain and vegetation of the
parcel and surrounding parcels. Structures shall not impede scenic
views from the main highway or from existing structures and the
natural environment.
3. Structures shall not dominate, by excessive or inappropriate height
or mass, any general development, adjacent building, or natural
landscape in an incompatible manner.
4. Architectural lighting shall be recessed under roof overhangs or
generated from concealed source, low-level light fixtures.
5. Lighting shall be installed in accordance with article XI (outdoor
lighting requirements and restrictions) and shall be arranged to
shine inward so that it does not reflect onto adjacent properties or
impair the safe movement of traffic.
6. Vehicular movement and parking areas requiring five (5) spaces or
more shall be paved with concrete, asphalt, or other similar
material. Vehicular movement and parking areas requiring less
than five (5) spaces may be surfaced with gravel or other similar
material but must be served by paved entrances meeting Virginia
Department of Transportation standards. Concrete curb and gutter
or other stormwater management structure as approved by the
zoning administrator shall be installed around the perimeter of all
driveways and parking areas. Drainage shall be designed so as not
to interfere with pedestrian traffic.
7. Outdoor storage and display areas shall be as permitted by the
underlying zoning district in the side and rear yards only, provided
that all outdoor storage and display areas shall be visually screened
from public rights-of-way, internal roadways, and adjacent
property using the screening zone standards found in article VIII.
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8. Loading areas shall be permitted only in the side or rear yards and
shall be visually screened from public rights-of-way, and adjacent
property using the screening zone standards found in article VIII.
9. Large trash receptacles, dumpsters and recycling bins, must be
completely screened from view of the street and any adjoining lot
using the screening zone standards found in article VIII.
10. Screening, when required, shall be installed in accordance with the
screening zone standards of article VIII and shall be depicted on
the landscaping plan.
11. Site development should include streetscape improvements. These
improvements are considered as those architectural or functional
facilities or structures that occur on site but are not part of the
building and that encourage and facilitate human interaction with
the built environment. Examples include, but are not limited to, the
following: decorative light fixtures, fountains, sculptures, benches
and tables, planters, retaining walls, pedestrian and bicycle paths,
bicycle parking structures, trash receptacles and enclosures,
vendor areas, and fences. The following streetscape improvements
are required:
a. A customized entrance at the entry street intersecting the
arterial or collector which features a waterfall, sculpture,
monument, signage, ornamental landscaping, specialty
pavement, enhanced fence wall details, or boulevard median.
b. Sidewalks, or other pedestrian and bicycle paths, including
picnic and rest areas, as appropriate.
These improvements shall be designed to be consistent with all
requirements listed above, and shall be reviewed for aesthetic
functionality and compatibility with county character.
12. To the greatest extent possible, stormwater management structures
and facilities shall be placed outside of the landscaping zones
identified in article VIII. When placement of stormwater
management structures and facilities in a landscaping zone is
demonstrated as unavoidable by the applicant, and approved by the
Board of Supervisors, following a recommendation by the
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Planning Commission, and is not prohibited elsewhere in this
ordinance, such structure or facility shall be landscaped in a
naturalized pattern utilizing native species and the landscaping
points required for the area encompassed by the stormwater
management structure or facility shall be disbursed throughout the
remaining area of the landscaping zone.
13. Crime prevention through environmental design (CPTED)
principles should be incorporated into site design to maximize
public safety through effective design of buildings, parking lots
and public spaces. Principles include territoriality, surveillance,
and access control. (7-7-05; 8-20-09; Ord. No. 2012-8-C, 8-16-12,
3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle
of Wight County Board of Supervisors that Appendix B, Zoning, Section 6-
1015, Exceptions, of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 6-1015. Exceptions.
A. A request for an exception to the requirements of the Highway Corridor
Overlay District shall be made in writing to the zoning administrator for
consideration by the Board of Supervisors following a recommendation
by the Planning Commission in accordance with section 7-2000 [part 2 of
article VII] (development review). The request shall be accompanied by
those documents determined by the zoning administrator to be necessary
for the Board of Supervisor’s consideration of the request.
B. The Board of Supervisors in formulating a decision shall consider the
following:
1. Such exception shall be no less beneficial to the residents or occupants
of the development, as well as neighboring property, that would be
obtained under the applicable regulation;
2. That the exception is reasonable because of the high level of design
and construction that will be incorporated in the development;
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3. That the exception will result in design and construction that is in
accordance with accepted engineering and building standards.
C. Any person or persons jointly or severally aggrieved by a decision of the
board of supervisors may present to the circuit court of the County of Isle
of Wight a petition specifying the grounds on which aggrieved within
thirty (30) days after the final decision of the board of supervisors. Costs
shall not be allowed against the board of supervisors, unless it shall
appear to the court that it acted in bad faith or with malice in making the
decision appealed therefrom. (7-7-05; 8-20-09; Ord. No. 2012-8-C, 8-16-
12, 3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 6-
2003, Affected Development, of the Isle of Wight County Code be amended
and reenacted as follows:
Sec. 6-2003. Affected development.
A. Review required. ..... All proposed development activities located within
the Newport Development Service Overlay District shall be reviewed and
approved by the zoning administrator and, if applicable the Board of
Supervisors following a recommendation by the Planning Commission, in
accordance with the regulations contained herein and part 2 of article VII
[section 7-2000 et seq.] (development review). Any changes made to the
plan, after initial approval by the zoning administrator must receive
additional approval by the zoning administrator.
B. Development activity permitted within the district. ..... There shall be no
expansion or enlargement of the existing condition of the lands, uses or
structures, or change in use as defined in section 5-1003, change in use
within the Newport Development Service Overlay District from the date
of enactment of this section henceforth, except as provided for by this
section or by other sections of this ordinance.
C. Development activity prohibited within the district. ..... These regulations
are supplementary to the permitted uses and requirements for the
appropriate underlying zoning districts. Uses prohibited in the underlying
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zoning districts are also prohibited in the Newport Development Service
Overlay District (7-7-05; 8-20-09, 3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 6-
2004, Exemptions to the Newport Development Service Overlay District
Requirements, of the Isle of Wight County Code be amended and reenacted
as follows:
Sec. 6-2004. Exemptions to the Newport Development Service Overlay
District requirements.
A. Single-family dwellings. ..... The construction of detached single-family
dwellings on individual lots or parcels within the Newport Development
Service Overlay District which are not located within a residential
subdivision are exempt from this section. For purpose of this section, a
residential subdivision shall consist of a minimum of five (5) lots all
platted at the same time. Construction of detached single-family dwellings
on lots or parcels within a residential subdivision are exempt if the
subdivision plat was legally recorded prior to adoption of this section.
B. Agricultural structures. ..... The construction of bona fide agricultural
structures required for on-premises farming operations involving the
cultivation of crops or the raising and keeping of livestock and the
preparation of land for cultivation of crops are exempt from the
requirements of this district.
C. Forestry operations. ..... Timbering or silvicultural activities is permitted
upon any lot, parcel, or tract of land located within the district except that
clear-cutting in any district, other than lands zoned RAC, shall not occur
within at least fifty (50) feet from any of the arterial rights-of-way:
1. United States Highway Route 17;
2. United States Highway Route 10;
3. United States Highway Route 32 and 258.
D. Nonconforming sites developed or platted prior to November 5, 1992. .....
Exemptions, whether partial or total, from Newport Development Service
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Overlay District site design provisions may be granted by the Board of
Supervisors following a recommendation by the Planning Commission in
accordance with section 7-2000 et seq. [part 2 of article VII]
(development review) if it can be sufficiently demonstrated that such
requirements will create an undue hardship upon an existing situation. In
such cases, the Board of Supervisors may require the establishment of
shared parking and access easements between adjacent nonconforming
properties or other consistent provisions to accomplish the purpose and
intent of the district.
1. A one-time exemption may be granted by the zoning administrator for
the expansion of an existing developed property to enlarge the total
square footage of the principle building by not more than twenty-five
percent (25%) of the total floor area; however, in no case shall such an
expansion exceed twenty-five hundred (2,500) square feet. Any
subsequent future expansion of floor area will require compliance
with the standards of this district.
2. A one-time exemption may be granted by the zoning administrator for
a single accessory building of no greater than five hundred (500)
square feet. Any subsequent future expansion of floor area will require
compliance with the standards of this district (7-7-05; 8-20-09; Ord.
No. 2012-8-C, 8-16-12, 3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 6-
2006, Permitted Activity in the minimum Visual Buffer, of the Isle of Wight
County Code be amended and reenacted as follows:
Sec. 6-2006. Permitted activity in the minimum visual buffer.
A. Within the minimum visual buffer there shall be no development,
clearing, grading, or construction activity with the following exceptions:
1. Roadway or driveway access to the portion of the site not in the
minimum visual buffer is permitted provided that it is approximately
perpendicular to the arterial public right-of-way;
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2. Water, sanitary sewer, storm drainage, electrical, telephone, natural
cable, and utility service lines may be installed below the surface of
the ground at right angles, provided that the natural vegetation is
preserved and protected to the greatest extent practicable, and frontage
zone landscaping points requirements are met;
3. Sidewalks, pedestrian pathways and bicycle paths designed to provide
continuous connection along the road corridor may be permitted,
provided that they can be constructed without materially reducing the
screening and visual softening capacity of the required landscaping;
4. Signs are permitted in accordance with article IX;
5. Clearing for sight distances is permitted at the entrances and exits to
any development as needed to provide for reasonable traffic safety, in
accordance with accepted traffic engineering practices recommended
or required by the Virginia Department of Transportation;
6. The trimming of existing limbs or branches of preserved trees is
permitted when approved by the zoning administrator;
7. When, in the opinion of the zoning administrator, the addition of
plantings and earthen berms or masonry walls would better achieve
the purposes of this district in lieu of the landscaping requirements of
the frontage zone.
B. The following cases anticipate those situations where the Board of
Supervisors following a recommendation by the Planning Commission
may determine that the minimum visual buffer requirements may be
reduced or removed:
1. Views and vistas of existing buildings which heighten the visual
experience, serve as important points of spatial identification or
contain value as important historical resources;
2. Views and vistas of existing natural landscape/topographical features
of a particular area of the district which correspond to certain high
points affording panoramic views, views involving existing patterns of
development, views of water, tidal and nontidal wetlands, tributary
streams, and other elements of the physical landscape;
3. Views and vistas to existing recreational/open space areas, whether
natural or manmade, which serve to contribute to the overall visual
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environment. Such uses include, but are not limited to, golf courses,
state or local parks, equestrian centers, cemeteries;
4. Views and vistas which give the observer an awareness of a location's
inherent character related to views of farmland, pastures, and water
activities, such as docks or other maritime activities.
C. Where a proposed development intends to further enhance or protect the
existing visual environment, the Board of Supervisors may exempt,
wholly or partially, the proposed development from the required
minimum visual buffer. Examples include the following:
1. A proposed development, which by virtue of the characteristics of its
structures indicates innovation of design, a unique relationship with
the site, represents a focal point and establishes a particular
identifying element for the county;
2. A proposed development which exhibits innovative or unique uses of
site landscaping, or which combines in the use of the site, open
recreational areas such as described above. (7-7-05; 8-20-09; Ord. No.
2012-8-C, 8-16-12, 3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 6-
2009, Development Standards, of the Isle of Wight County Code be amended
and reenacted as follows:
Sec. 6-2009. Development standards.
Proposed development within the district shall provide for visual
compatibility and harmony with surrounding natural land forms and
vegetation; be protective of views and vistas from arterial highways within
the district; and provide continuity of site design within the proposed
development. These objectives include the following standards:
A. Earth moving, fill, grading, clearing of property, and the removal of
trees and vegetation shall be the minimum necessary to provide for the
use. In particular, activities that could cause disruption of natural
watercourses or disfiguration of natural land forms are prohibited.
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B. Proposed development shall be located and configured in a visually
harmonious manner with the terrain and vegetation of the parcel and
surrounding parcels. Structures shall not impede scenic views from the
highway or from existing structures and the natural environment.
C. Structures shall not dominate, by excessive or inappropriate height or
mass, any general development, adjacent building, or natural
landscape in an incompatible manner.
F. Lighting shall be installed in accordance with article XI and shall be
arranged to shine inward so that it does not reflect onto adjacent
properties or impair the safe movement of traffic.
G. All vehicular movement and parking areas shall be paved with
concrete, asphalt, or other similar material.
1. Parking shall be located to the side or rear of a structure, unless the
zoning administrator determines this requirement to be infeasible
due to unique site conditions.
H. Concrete curb and gutter or other stormwater management structures
as approved by the zoning administrator shall be installed around the
perimeter of all driveways and parking areas. Drainage shall be
designed so as not to interfere with pedestrian and bicycle traffic.
I. To the greatest extent possible; stormwater management structures
and facilities shall be placed outside of the landscaping zones
identified in article VIII. When placement of stormwater management
structures and facilities in a landscaping zone is demonstrated as
unavoidable by the applicant, and approved by the Board of
Supervisors following a recommendation by the Planning
Commission, and is not prohibited elsewhere in this ordinance, such
structure or facility shall be landscaped in a naturalized pattern
utilizing native species and the landscaping points required for the
area encompassed by the stormwater management structure or facility
shall be disbursed throughout the remaining area of the landscaping
zone.
J. Crime prevention through environmental design (CPTED) principles
should be incorporated into site design to maximize public safety
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through effective design of buildings, parking lots and public spaces.
Principles include territoriality, surveillance, and access control.
K. A shopping center, office complex or similar group of buildings shall
be arranged in such a manner to minimize the impact of vehicle
parking areas along the arterial with buildings fronting the arterial,
and parking being located in the center of the development away from
the roadway.
L. Community and public spaces.
1. Each nonresidential establishment subject to these standards shall
contribute to the establishment or enhancement of community and
public spaces by providing at least two (2) of the following within
the development:
a. Patio/seating area;
b. Pedestrian plaza with benches;
c. Open space (this is not calculated in open space ratio required
for the lot);
d. Kiosk/public message board area;
e. Water feature;
f. Sculpture or public art; or
g. Other such amenities, as may be determined by the zoning
administrator, that creates such community and public spaces.
2. Any such areas shall have direct access to the public sidewalk
network and such features shall not be constructed of materials
that are inferior to the principal buildings and site design.
M. Connecting uses.
1. Pedestrian pathways and bicycle pathways shall be provided
connecting buildings within a development including outparcels
and to adjacent developments and neighborhoods.
2. Integrated and consistent site design shall be provided between
outparcel buildings and main buildings within a development
including landscape amenities and architectural design.
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3. Site development shall include streetscape improvements. These
improvements are considered as those architectural or functional
facilities or structures that occur on-site but are not part of the
building and that encourage and facilitate human interaction with
the built environment.
Examples include, but are not limited to, the following: decorative light
fixtures, fountains, sculptures, benches and tables, planters, retaining walls,
pedestrian and bicycle paths, bicycle parking structures, trash receptacles and
enclosures, a designated vending machine area, and fences. The following
streetscape improvements are required:
a. A customized entrance at the entry street intersecting the
arterial or collector which features a waterfall, sculpture,
monument, special landscaping, specialty pavement, enhanced
fence wall details, or boulevard median.
These improvements shall be designed to be consistent with all requirements
listed above, and shall be reviewed for function and compatibility with
district character.
N. Sidewalks.
1. Sidewalks, no less than ten (10) feet in width, shall be provided
along the full length of the building along any facade featuring a
customer entrance, and along any facade abutting public parking
areas. Sidewalks shall provide weather protection features such as
awning or arcades within fifteen (15) feet of all customer
entrances, parallel to the building and at least six (6) feet deep over
the sidewalk.
O. Pedestrian and bike pathways.
1. The purpose of this system is to provide for nonvehicular traffic
along major corridors and between major destinations, with
emphasis on connecting residential areas to schools, recreation
areas, and activity centers.
2. Pedestrian and bike pathways shall include the following:
a. Provide connections for, within and between developments for
pedestrian and bike traffic.
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b. Provide facilities to store or lock bicycles at appropriate sties.
Including, but not limited to schools, recreation areas, office
parks, public institutions, and activity center focuses.
c. Develop the proposed bike pathway system in a manner that
links to existing and proposed neighborhoods, park lands,
conservation areas, scenic landscapes and historic/cultural sites
in accordance with the goals and objectives of the
comprehensive plan.
P. Pedestrian walkways for shopping centers and retail establishments
with a square footage greater than twenty-five thousand (25,000).
1. Continuous internal pedestrian walkways, no less than eight (8)
feet in width, shall be provided from the public sidewalk or right-
of-way to the principal customer entrance of all principal buildings
on the site. At a minimum, walkways shall connect focal points of
pedestrian activity such as, but not limited to, transit stops, street
crossings, building and store entry points, and shall feature
adjoining landscaped areas that include trees, shrubs, beds, ground
covers, or other such materials for no less than fifty percent (50%)
of its length.
2. Crosswalks at busy intersections, between major pedestrian
destinations, between shopping centers and their parking, shall
employ techniques to signal a pedestrian zone both to the motor
vehicle and the pedestrian. These techniques include:
a. Crosswalks that are slightly raised;
b. The use of durable, low maintenance surface materials such as
pavers, bricks, or scored concrete to enhance pedestrian safety
and comfort that are distinguishable from driving surfaces; and
c. Bulb-out corners that reduce the length of the crosswalk for the
pedestrian.
Q. Screening.
1. Mechanical equipment, including, but not limited to heating,
ventilating, and air conditioning equipment, duct work, air
compressors, utility meters, aboveground tanks, satellite dishes,
antennas, whether ground-level or rooftop, shall be shielded and
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screened from view of adjacent properties and public rights-of-
way and designed to be perceived as an integral part of the
building. Screening can most often be accomplished through
increased parapet heights or mansard roof parapet design.
2. Ground-level equipment immediately adjacent to the building
should be screened with walls matching the building.
3. Areas for delivery area doors, open bays or truck parking shall not
be visible from abutting streets.
4. Outdoor storage shall be as permitted by the underlying zoning
district in the side and rear yards only, provided that all outdoor
storage areas shall be visually screened from public rights-of-way,
internal roadway, and adjacent property. Outdoor storage shall
include the parking of all commercial vehicles.
5. No areas for outdoor storage, trash collection or compaction, shall
be located within twenty (20) feet of any public street, public
sidewalk, or internal pedestrian way. They shall be screened from
adjacent properties and public rights-of-way by a masonry wall
designed to be compatible with the principal building that it
serves.
If the waste storage area is more than one hundred (100) feet away from the
property line, it may be screened by a masonry wall, dense evergreen
planting or architectural feature.
6. Loading areas shall be completely screened from view with berms,
buildings, and/or durable architectural walls to match the building
in which it serves. Loading areas shall be permitted only in the
side and rear yards and shall be visually screened from pubic
rights-of-way, and adjacent property, except that suitable
provisions for access to loading areas may be allowed.
R. Signs are permitted in accordance with article IX. (7-7-05; 2-13-07, 3-
20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 6-
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2011, Exceptions, of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 6-2011. Exceptions.
A. A request for an exception to the requirements of the Newport
Development Service Overlay District shall be made in writing to the
zoning administrator for consideration by the Board of Supervisors
following a recommendation by the Planning Commission in accordance
with section 7-2000 (development review). The request shall be
accompanied by those documents determined by the zoning administrator
to be necessary for the Board of Supervisors consideration of the request.
B. The Board of Supervisors in formulating a decision shall consider the
following:
1. Such exception shall be no less beneficial to the residents or occupants
of the development, as well as neighboring property, that would be
obtained under the applicable regulation;
2. That the exception is reasonable because of the high level of design
and construction that will be incorporated in the development;
3. That the exception will result in design and construction that is in
accordance with accepted engineering and building standards.
C. Any person or persons jointly or severally aggrieved by a decision of the
board of supervisors may present to the circuit court of the County of Isle
of Wight a petition specifying the grounds on which aggrieved within
thirty (30) days after the final decision of the board of supervisors. Costs
shall not be allowed against the board of supervisors, unless it shall
appear to the court that it acted in bad faith or with malice in making the
decision appealed therefrom. (7-7-05; 8-20-09, 3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 7-
2007, Preliminary Site Development Plan Review Procedures and Approval
Authority, of the Isle of Wight County Code be amended and reenacted as
follows:
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Sec. 7-2007. Preliminary site development plan review procedures and
approval authority.
A. The Board of Supervisors, following a recommendation from the
Planning Commission shall have approval authority over preliminary site
development plans if either of the following conditions are present:
1. The applicant is requesting a waiver from the zoning ordinance; or
2. There are unresolved issues between the applicant, adjacent property
owners, or any departmental reviewing agency.
If either one of the above conditions are met, the site development plans
shall be reviewed in accordance with subsection 7-2007.C.
B. If site development plans do not qualify for review by the Planning
Commission and Board of Supervisors under subsection 7-2007.A., then
they may be considered and reviewed administratively by the zoning
administrator or the zoning administrator's designee as provided under
subsection 7-2007.D.
C. Planning Commission and Board of Supervisors review
1. If Planning Commission and Board of Supervisors review is required,
fifteen (15 full size copies and one (1) "eleven (11) × seventeen (17)"
copy of the preliminary site development plan and associated
application documents as required by the county, including, but not
limited to, traffic impact studies, water quality impact assessments,
colored building elevations, and other documents referenced on the
accompanying site plan checklist provided by the County shall be
submitted to the planning and zoning department. An initial
determination shall be made as to whether the preliminary site
development plan is complete. In the event it is not complete, it shall
be returned to the applicant with a written description of the
deficiencies within ten (10) calendar days of the submittal date.
2. Once a preliminary site development plan is determined to be
complete, the plan shall be distributed to other reviewing agencies for
review, and shall be reviewed by the zoning administrator or the
zoning administrator's designee. Final recommendations for
consideration by the Planning Commission shall be forwarded to the
developer in writing within thirty (30) calendar days of the submittal
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date of a complete plan, unless the developer agrees to an extension of
that period. When all reviewing agencies recommend preliminary
approval of a site development plan the zoning administrator shall
then schedule such plan for review by the Planning Commission at
their next regular meeting. The planning and zoning department shall
prepare a composite report on the proposed site development plan
which shall include review comments by other agencies. The Planning
Commission shall consider the composite report and the site
development plan and shall recommend the granting of preliminary
approval to the Board of Supervisors or, recommend denying
preliminary approval to the Board of Supervisors, or defer action of
the application.
3. Once the plan has been scheduled for review by the Planning
Commission and subsequent review by the Board of Supervisors, it
shall be the responsibility of the applicant to post on the property for
which the application is filed at least one (1) sign, provided by the
county, providing notice to the public that a proposed preliminary site
development plan is on file in the department of planning and zoning
and is available for public view. Such posting shall conform in all
respects to the posting requirements for rezoning and conditional use
permit applications, which are set out in section 1-1021 of this
ordinance.
4. The Planning Commission shall act on and then send a
recommendation to the Board of Supervisors for the preliminary site
development plan within one hundred (100) calendar days of
submission. If no action has been taken by the Planning Commission
on a site development plan within one hundred (100) days of
submission, the site development plan shall be deemed approved. A
site development plan shall not be considered to have been formally
submitted to the Planning Commission until the first public meeting is
held for that particular a site development plan. The Zoning
Administrator or their designee shall notify the applicant in writing of
the Planning Commission’s findings within ten (10) calendar days of
the Planning Commission meeting. Such notice shall state any actions,
changes, conditions, or additional information that shall be required
prior to securing final site development plan approval.
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5. Following a recommendation from the Planning Commission, the
zoning administrator shall schedule such plan for review by the Board
of Supervisors at their next regular meeting. The planning and zoning
department shall prepare a composite report on the proposed site
development plan which shall include review comments by other
agencies. The Board of Supervisors shall consider the composite
report and the site development plan and shall grant preliminary
approval, deny preliminary approval, or defer action on the
application.
6. When a preliminary site development plan is disapproved, the Board
of Supervisors shall direct the zoning administrator to set out in
writing the reasons for the disapproval and shall also generally
identify the corrections or modifications that will permit approval of
the plan.
D. Administrative review by the zoning administrator.
1. Fifteen (15) full size copies and one (1) "eleven (11) × seventeen (17)"
copy of the preliminary site development plan and associated
application documents as required by the county, including, but not
limited to, traffic impact studies, water quality impact assessments,.
An initial determination shall be made as to whether the preliminary
site development plan is complete. In the event it is not complete, it
shall be returned to the applicant with a written description of the
deficiencies within ten (10) calendar days of the submittal date.
2. Once a preliminary site development plan is determined to be
complete, the plan shall be distributed to other reviewing agencies for
review, and shall be reviewed by the zoning administrator or the
zoning administrator's designee. The planning and zoning department
shall forward all comments to the developer in writing within thirty
(30) calendar days of the submittal date of a complete plan, unless the
developer agrees to an extension of that period. No plan shall be
approved until all staff comments and other agency comments are
satisfied.
3. Once a preliminary site development plan is determined to be
complete, it shall be the responsibility of the applicant to post on the
property for which the application is filed at least one (1) sign,
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provided by the county, providing notice to the public that a proposed
preliminary site development plan is on file in the department of
planning and zoning and is available for public view. Such posting
shall conform in all respects to the posting requirements for rezoning
and conditional use permit applications, which are set out in section 1-
1021 of this ordinance.
4. In the case of disapproval, the zoning administrator shall set out in
writing the reasons for the disapproval and shall also generally
identify the corrections or modifications that will permit approval of
the plan. Upon disapproval of a preliminary site development plan, the
applicant shall have a right of appeal to the planning commission
within ten (10) business days of receipt of the written notice of
disapproval. The case will be presented at the next regularly scheduled
planning commission public hearing. The planning commission will
make a recommendation to the board of supervisors to either uphold
or reverse the decision of the zoning administrator. The decision of the
board of supervisors will be final. (7-7-05, 3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 7-
2008, Final Site Development Plan Review Procedures and Approval
Authority, of the Isle of Wight County Code be amended and reenacted as
follows:
Sec. 7-2008. Final site development plan review procedures and approval
authority.
A. The zoning administrator shall have approval authority over final site
development plans, unless:
1. The Board of Supervisors, at its discretion, may require that the final
site development plan for a site that was previously granted
preliminary approval by the Board of Supervisors also be submitted to
the Board of Supervisors for review of its compatibility with the
preliminary site development plan approval.
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2. The zoning administrator shall submit a final site development plan to
the board of supervisors following a recommendation from the
planning commission for its review and action if the zoning
administrator determines that the final site development plan varies
substantially from the approved preliminary site development plan.
B. The final site development plan shall reflect all those elements approved
on the preliminary site plan. In addition, it shall include all notes,
statements and stipulations required to be placed on the final site
development plan by law or as a condition of approval.
1. In the case of a planned development, the final site development plan
shall conform to the approved master development plan and shall
include all of the elements required on a preliminary site development
plan.
C. The final site development shall be submitted to the department of
planning and zoning within six (6) months of preliminary site
development plan approval or the applicant must file a new application
for preliminary site development plan approval.
D. Upon submittal of the final site development plan, the zoning
administrator shall redistribute the plan to all departments/agencies
included in the preliminary site development plan review. The plan shall
be reviewed for conformity with the approved preliminary site plan and
with all other applicable provisions of this ordinance and related
ordinances, and other regulations and policies applicable to the site.
E. The applicant shall be notified of the plan's approval subject to the
posting of the required surety, payment of any outstanding fees and any
other conditions of approval within forty-five (45) days of the plan's
submittal.
F. In the case of disapproval, the zoning administrator shall set out in writing
the reasons for the disapproval and shall also generally identify the
corrections or modifications that will permit approval of the plan. Upon
disapproval of a final site development plan, the applicant shall have a
right of appeal to the planning commission within ten (10) business days
of receipt of the written notice of disapproval. The case will be presented
at the next regularly scheduled planning commission meeting. The
planning commission will make a recommendation to the board of
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supervisors to either uphold or reverse the decision of the zoning
administrator. The decision of the board of supervisors will be final. (7-7-
05, 3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 8-
1002, Landscape Plan, of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 8-1002. Landscape plan.
A. Landscape plan required.
1. A landscape plan shall be prepared for any development project
required to provide landscaping or any similar site treatment by this
ordinance. Such landscaping plans shall be in accordance with the
purpose stated in section 8-1001 and integrated into the overall site or
development plan for which approval is being sought pursuant to this
ordinance.
2. No new parking areas shall hereafter be constructed or used unless
landscaping is provided as required by the provisions of this article.
B. Contents of landscape plan. ..... A landscape plan shall be submitted to the
zoning administrator for review and shall include clearly labeled plans,
drawings, photographs and/or narratives depicting or presenting the
following, unless deemed unnecessary by the zoning administrator such
as in the case of a simplified site plan:
1. Landscape plans shall be prepared and/or certified by a site design
professional licensed by the Commonwealth of Virginia.
2. Location and identification by size and name, both common and
botanical, of all mature, heritage, or significant trees as defined in
section 2-1002, on the site. In wooded areas, the delineation of the
existing vegetation on the site prior to land disturbing activities
associated with the development and the proposed limits of clearing of
such areas may be shown in lieu of indicating individual trees.
However, any mature, heritage, or significant tree within wooded
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areas to be cleared shall be individually located and identified by size
and name, both botanical and common, and justification provided as
to need for removal.
3. Location, dimensions and area of all required landscaping zones and
elements.
4. Location of areas proposed to be fenced, walled, or otherwise
screened through the use of architectural, or earthen forms, or any
other landscaping methods including notes and details to describe
fully the methods, dimensions, and materials proposed.
5. Location, height, width or caliper (whichever is more appropriate at
planting time), type and name (common and botanical), of all
landscaping materials including materials to be retained on-site and
seasonal replacements proposed for installation. All new materials
shall be presented in a "planting schedule" providing the
aforementioned information and proposed quantities to be installed,
along with the landscaping points values associated with each
installation, as specified in section 8-1004.
6. Appropriate details and notes indicating the methods to be utilized to
protect trees and plant materials remaining on site from damage, both
during and after development of the site.
7. Notations stating the responsible party for the perpetual maintenance
of all landscaping features to be preserved or installed on the site in
accordance with the requirements of this article.
8. A schedule or table of the calculation of the landscaping points and
landscaping credits for each landscaping zone, and the landscaping
plan in total, based on the values set by this article.
9. A certified canopy coverage plan illustrating the projected parking
area canopy coverage and including calculation of the canopy
coverage percentage. (7-7-05, 3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 8-
1005, Landscape Zones, of the Isle of Wight County Code be amended and
reenacted as follows:
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Sec. 8-1005. Landscaping zones.
A. The landscaping zones which may apply to any lot or parcel being
developed are the frontage zone, buffer zone, parking zone, foundation
zone, and screening zone, except that in the case of single-family
residential lot development, the whole site is treated as a single zone and
regulated by subsection 8-1005.D.
B. In the case of overlapping zones, the following hierarchy of application
shall apply:
1. Frontage zone;
2. Buffer zone;
3. Parking zone;
4. Foundation zone;
5. Screening zone.
C. Zone requirements.
1. Frontage zone. ..... The frontage zone is a landscaping area located
along the entire frontage of the parcel with a width equal to the width
of the required front setback for the parcel, as defined by the
underlying zoning district.
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a. There are two (2) frontage zone classifications.
i. Rural frontage zone applies to all properties which are outside
of the designated development service districts and village
centers of the county comprehensive plan.
A. In the rural frontage zone, properties with a front setback of
less than fifty (50) feet are required to install a minimum of
1.25 points of landscaping per linear foot of lot frontage.
B. In the rural frontage zone, properties with a front setback of
fifty (50) feet or greater are required to install a minimum
of 1.75 points of landscaping per linear foot of lot frontage.
C. In the rural frontage zone, eighty percent (80%) of
landscaping points are required to be non-ornamental
species of trees. No more than fifty percent (50%) of trees
may be evergreen species. Native species are encouraged.
ii. Development frontage zone applies to all properties which are
within the designated development service districts and village
centers of the county comprehensive plan.
A. In the development frontage zone, properties with a front
setback of less than fifty (50) feet are required to install a
minimum of 1.25 points of landscaping per linear foot of
lot frontage.
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B. In the development frontage zone, properties with a front
setback of fifty (50) feet or greater are required to install a
minimum of 1.75 points of landscaping per linear foot of
lot frontage.
2. Buffer zone. ..... The buffer zone is a continuous landscaping screen,
ten (10) feet wide, required along all side and rear yards. Required
landscaping points are based on the parcel use type, as identified in
article III of this ordinance, as detailed below.
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a. One (1) pedestrian break of at least six (6) feet in width is required
for every fifty (50) linear feet in the buffer zone, except that breaks
which are used for placement of a surfaced walkway, pathway, or
trail are required to be the width of the trail plus an additional two
(2) feet on either side of the walkway, pathway, or trail.
b. Installation of all required points must be disbursed in a generally
even pattern throughout the buffer zone area, except in cases of
concentrated nuisance, such as lights or noise, which require
heavier screening in a particular location.
c. Required buffer zone by use type.
i. Agricultural use types.
A. Agricultural use types are not required to install buffer zone
landscaping.
ii. Residential use types.
A. Residential use types are not required to install buffer zone
landscaping, unless otherwise specified in this ordinance.
Single-family residential uses are required to install parcel
or lot landscaping in accordance with subsection 8-1005.F.
iii. Civic use types.
A. Civic use types are required to install a minimum of forty-
five (45) points of landscaping per five hundred (500)
square feet of buffer zone.
iv. Office and commercial use types.
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A. Office and commercial use types are required to install a
minimum of sixty (60) points of landscaping per five
hundred (500) square feet of buffer zone, except that uses
which include a curb-side service restaurant or drive-thru
facility, or that operate between the hours of 10:00 p.m. and
5:00 a.m. and/or more than twelve (12) hours per day shall
be deemed office and commercial intense use types for the
purpose of landscaping and shall be required to install a
minimum of ninety (90) points of landscaping per five
hundred (500) square feet of buffer zone.
B. In the case of a master-planned commercial or office park,
the required buffer zone points shall be reduced by fifty
percent (50%) for interior lot lines which are platted as part
of the overall park. No reduction shall be allowed along
sections of lot lines which are adjacent to properties not
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part of the master-planned park or in buffer zones adjacent
to the exterior borders of the park, except as noted below.
i. In the case of a master-planned commercial or office
park which has installed buffer zone landscaping
around the park as a whole, in accordance with section
4-17005, the required buffer zone points per lot shall be
zero (0) along sections of lot lines which contain
existing buffer zone landscaping in accordance with
section 4-17005
C. In the case of a commercial or office use type which is
immediately adjacent to another commercial and office use
type, the minimum required buffer zone points per lot shall
be reduced by fifty percent (50%) along any shared
sections of the lot lines.
v. Industrial use types.
A. Industrial use types are required to install a minimum of
one hundred twenty (120) points of landscaping per five
hundred (500) square feet of buffer zone.
B. In the case of a master-planned industrial or commerce
park, the required buffer zone points per lot shall be
reduced by fifty percent (50%) for interior lot lines which
are platted as part of the overall park. No reduction shall be
allowed along sections of lot lines which are adjacent to
properties not part of the master-planned park or in buffer
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zones adjacent to the exterior borders of the park except as
noted below.
1. In the case of a master-planned industrial or commerce
park which has installed buffer zone landscaping
around the park as a whole, in accordance with section
4-19005, the required buffer zone points per lot shall be
zero (0) along sections of lot lines which contain
existing buffer zone landscaping in accordance with
section 4-19005
vi. Miscellaneous use types.
A. Miscellaneous use types are required to install a minimum
of one hundred twenty (120) points of landscaping per five
hundred (500) square feet of buffer zone.
B. The zoning administrator may administratively waive up to
thirty (30) points of landscaping per five hundred (500)
square feet for the buffer zone of less intense miscellaneous
uses, with a written request, including justification, from
the applicant.
1. Waiver requests greater than thirty (30) points per five
hundred (500) square feet shall be considered by the
Board of Supervisors following a recommendation by
the Planning Commission.
3. Parking zone. ..... The parking zone is a continuous perimeter buffer,
ten (10) feet in width, surrounding the entire parking area, which
includes parking spaces and any directly adjacent sidewalks, loading
zones, drive aisles, and ingress/egress driveways.
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a. Parking zones shall install a minimum of sixty (60) points of
landscaping per five hundred (500) square feet of total parking
zone area.
i. All landscaping points must be installed within the boundaries
of the parking zone, except that twenty percent (20%) of points
shall be distributed on interior landscaping islands and
medians, if applicable.
ii. A minimum of twenty percent (20%) of points shall be shrubs.
iii. Shrubs shall be a minimum of twenty-four (24) inches in
height at the time of installation.
iv. Parking zone landscaping shall be distributed across the
parking area so that the cumulative effect shall be to provide a
minimum of thirty percent (30%) canopy coverage or shading
of the parking zone within fifteen (15) years.
b. Included within the total required points for the parking zone shall
be one (1) large deciduous tree per two thousand (2,000) square
feet of parking zone. The parking zone area calculation shall
include parking spaces and any directly adjacent sidewalks,
loading zones, drive aisles, and ingress/egress driveways.
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c. Each parking space above the minimum parking space
requirements of this ordinance shall require an additional ten (10)
landscaping points per space, to be installed in the parking zone.
i. Each space above the minimum requirements of this ordinance
shall be surfaced in permeable materials and shall not be
impervious materials as defined in section 2-1002
ii. Landscaping credits, as specified in section 8-1007, shall not
be applicable to any landscaping points accumulated for
parking spaces above the minimum parking space requirements
of this ordinance.
d. Landscaping islands a minimum of nine (9) feet wide and eighteen
and one-half (18.5) feet long are required at the end of each
parking row. Islands at the end of a double row of parking are
required to be a minimum of nine (9) feet wide by thirty-seven
(37) feet long.
i. Additional landscaping islands, a minimum of nine (9) feet
wide by eighteen and one-half (18.5) feet long, are required
every eight (8) linear spaces to break up long rows of parking.
Islands inserted into a double row of parking are required to be
a minimum of nine (9) feet wide by thirty-seven (37) feet long.
e. Parking lots shall include no more than four (4) consecutive rows
of parking (no more than two (2) double rows of parking) without
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at least one (1) landscaping median, a minimum of five (5) feet
wide, connecting landscaping islands to break up large parking
areas.
f. Large parking lots shall be divided into smaller parking fields of
no more than one hundred (100) spaces using landscaping medians
which are a minimum of fifteen (15) feet wide and including a
pedestrian walkway which is at least five (5) feet wide.
g. Any parking area that is adjacent to a road or other right-of-way
shall provide an additional sixty (60) points per five hundred (500)
square feet of area between the parking area and the road or right-
of-way.
h. Where a parking area is altered or expanded to increase the size to
twenty (20) or more vehicle parking spaces and is used regularly
for at least five (5) days a week, landscaping for the entire parking
area shall be provided, not only for the extent of the alteration or
expansion.
4. Foundation zone. ..... The foundation zone is a continuous area six (6)
feet in width around the entire perimeter of the building.
a. Foundation zones shall install a minimum of forty-five (45) points
of landscaping per one hundred fifty (150) square feet of total
foundation zone area.
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b. Landscaping shall be installed as a continuous bed around all sides
of the structure, except that required perpendicular access breaks
shall be allowed.
c. Landscaping points may be reduced by fifty percent (50%) on any
side of a structure which is not visible from an existing or
proposed public right-of-way.
5. Screening zone. ..... The screening zone is a continuous planting area
required around all service structures, equipment, and/or outdoor
storage yards for the purpose of reducing the impact of the structure or
use visually and acoustically.
a. Screening zones shall install a minimum of eight (8) points of
landscaping per ten (10) linear feet of perimeter length.
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b. In the screening zone, solid and semisolid perimeter features such
as fences, berms, walls, or other nonorganic elements shall not be
included in the calculation of landscaping points.
c. The perimeter area of service structures, equipment, and/or
outdoor storage yards shall be determined by measurement of the
complete outside perimeter of the structure or equipment,
including any fencing, and including the distance across access
points or entryways.
d. Landscaping shall be installed as a continuous screen around all
sides of service structures, equipment, and/or outdoor storage
yards, except that required access and entry breaks shall be
allowed, provided that the points associated with the perimeter
area of such breaks are incorporated into the rest of the screening
zone.
e. Plants must be installed no more than ten (10) feet from the base
of service structures, equipment, and/or outdoor storage yards. If
service structures, equipment, and/or outdoor storage yards are
enclosed by a fence, wall, berm, or other perimeter feature, the
required screening points shall be installed within ten (10) feet of
the base of such perimeter feature.
f. At the time of installation, plant height shall be a minimum of fifty
percent (50%) of the total height of the structure or equipment
being screened.
D. Single-family residential.
1. Single-family residential lots shall be treated as a single zone meeting
the requirements of this section and shall not be required to meet the
individual frontage, buffer, parking, foundation, and screening zone
regulations unless specifically required by an adopted master plan.
2. Single-family residential lots shall install, at a minimum, the
landscaping points as required by section 8-1006
3. Required landscaping points shall be installed before issuance of a
certificate of occupancy. (7-7-05; Ord. No. 2011-21-C, 11-17-11; Ord.
No. 2013-7-C, 5-16-13, 3-20-14.)
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NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 9-
1013, Exceptions, of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 9-1013. Exceptions.
A. A request for an exception to the requirements of article IX, signs, shall
be made in writing to the zoning administrator for consideration by the
Board of Supervisors following a recommendation by the Planning
Commission in accordance with section 7-2000 (development review).
The request shall be accompanied by those documents determined by the
zoning administrator to be necessary for the Board of Supervisor’s
consideration of the request.
B. The Board of Supervisors in formulating a decision shall consider the
following:
1. Such exception shall be of no less benefit to the residents or occupants
of the development, as well as the neighboring property, than that
which would be obtained under the applicable regulation;
2. Such exception is reasonable because of the high level of design and
construction that will be incorporated in the development; and
3. Such exception will result in design and construction that is in
accordance with accepted engineering and building standards.
C. Applicants shall be informed in writing of the outcome of the Board of
Supervisors and the process for appeal, should the request be denied.
D. Any person or persons jointly or severally aggrieved by a decision of the
board of supervisors may present to the Circuit Court of the County of
Isle of Wight a petition specifying the grounds on which aggrieved within
thirty (30) days after the final decision of the board of supervisors. (7-7-
05; 11-4-09, 3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 10-
130
1001, Number of Parking Spaces Required, of the Isle of Wight County Code
be amended and reenacted as follows:
Sec. 10-1001. Number of parking spaces required.
A. Development in all zoning districts shall comply with all of the following
requirements and provide the number of off-street vehicle parking spaces
required in section 10-1010, unless otherwise approved in accordance
with section 10-1002.
B. All off-street parking spaces required to serve buildings or a use erected
or established after the effective date of this ordinance shall be located on
the same zoning lot as the building or use served, except as may be
otherwise permitted under section 10-1008, satellite parking areas.
C. Where fractional spaces result, the parking or loading spaces required
shall be construed to be the next highest whole number.
D. Parking spaces required on an employee or person basis shall be based on
the maximum number of employees/persons on duty or residing, or both,
on the premises at any time, or the occupancy load of the building/use,
whichever is greater. Overlapping demand for parking spaces at shift
changes shall be considered.
E. No enlargement of a building, structure or use shall be made in such a
way as to reduce the number of existing parking or loading spaces below
the minimum number required unless provisions are made elsewhere, as
permitted by this ordinance, to replace any required spaces which may
have been removed. Additional parking or loading spaces shall be
provided to accommodate any additional demand created by such
enlargement. (7-7-05, 3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 10-
2002, Sites Affected, of the Isle of Wight County Code be amended and
reenacted as follows:
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Sec. 10-2002. Sites affected.
No new parking areas shall hereafter be constructed or used unless
landscaping is provided as required by Article VIII. (7-7-05, 3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 10-
2003, Perimeter Landscaping Buffer, of the Isle of Wight County Code be
amended and reenacted as follows:
This section is deleted in its entirety. (3-20-14)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 10-
2003, Landscaping of Expanded Nonconforming Parking Areas, of the Isle of
Wight County Code be amended and reenacted as follows:
Sec. 10-2003. Landscaping of expanded nonconforming parking areas.
Where a parking area is altered or expanded to increase the size to twenty
(20) or more vehicular parking spaces, interior landscaping for the entire
parking area shall be provided and not merely to the extent of its alteration or
expansion. (7-7-05, 3-20-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 10-
2004, Interior Landscaping, of the Isle of Wight County Code be amended
and reenacted as follows:
This section is deleted in its entirety. (3-20-14)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 10-
2005, Interior Landscaping, of the Isle of Wight County Code be amended
and reenacted as follows:
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This section is deleted in its entirety. (3-20-14)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 10-
1010, Table of Use Types and Parking Requirements, of the Isle of Wight
County Code be amended and reenacted as follows:
Sec. 10-1010. Table of use types and parking requirements.
USE PARKING REQUIREMENT
Agricultural Use Types
Agriculture No requirement
Aquaculture No requirement
Commercial feedlot No requirement
Farm employee housing No requirement
Farmer's market 1 space per 100 sq. ft., 5 spaces minimum
Forestry operation No requirement
Greenhouse, private No requirement
Livestock auction market See schedule B
Stable, commercial 1 space per employee on major shift, plus 1
space for every 4 animals stabled
Stable, private No requirement
Sawmill No requirement
Wayside stand 1 space per 100 sq. ft., 3 spaces minimum
Residential Use Types
Accessory apartment 1 additional space
Community recreation See schedule B
Condominium 2 spaces per 1 bedroom unit
2.25 spaces per 2 bedroom unit
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2.5 spaces per 3 bedroom unit
1 visitor space for every 3 units
Dwelling, multifamily
conversion
2 spaces per 1 bedroom unit
2.25 spaces per 2 bedroom unit
2.5 spaces per 3 bedroom unit
Dwelling, single-family 2 spaces per dwelling
Dwelling, two-family 2 spaces per dwelling unit
Family day care home 1 space per nonresident employee**
Group home 2 spaces per dwelling
Guest house 1 additional space
Home occupation No requirement
Human care facility See schedule B
Kennel, private No requirement
Manufactured home, Class
A
2 spaces per dwelling
Manufactured home, Class
B
2 spaces per dwelling
Manufactured home, Class
C
2 spaces per dwelling
Manufactured home,
emergency residence
2 spaces per dwelling
Manufactured home,
family member residence
1 additional space
Manufactured home park 2 spaces per dwelling
Manufactured home
subdivision
2 spaces per dwelling
Manufactured home,
temporary residence
2 spaces per dwelling (can be converted for
permanent dwelling)
Multifamily dwelling 2 spaces per 1 bedroom unit
2.25 spaces per 2 bedroom unit
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2.5 spaces per 3 bedroom unit
1 visitor space for every 3 units
Townhouse 2 spaces per 1 bedroom unit
2.25 spaces per 2 bedroom unit
2.5 spaces per 3 bedroom unit
1 visitor space for every 3 units
Civic Use Types
Administrative service 3 spaces per 1,000 sq. ft, plus 1 space per vehicle
based at facility
Adult care center 1 space per 3 residents, plus 1 space each
employee on major shift
Assisted living facility 1 space per 3 residents, plus 1 space each
employee on major shift
Cemetery See schedule B
Child care institution 1 space per employee on major shift, plus 1
space per 20 children, plus 1 space for each
vehicle associated with facility
Child care center 1 space per employee on major shift, plus 1
space per 20 children, plus 1 space for each
vehicle associated with facility
Club 1 space per 3 persons based on maximum
occupancy
Community center 1 space per 250 sq. ft.
Correctional facility See schedule B
Crisis center 1 space per 2 persons of residential occupancy
Cultural service 1 space per 300 sq. ft.
Educational facility,
college/university
See schedule B
Educational facility /
primary/secondary
See schedule B, but no less than 1 space per
employee on major shift, plus 1 space per 4
students in the 11th and 12th grades
135
Halfway house 1 space per 2 persons of residential occupancy
Life care facility 1 space per 3 residents, plus 1 space each
employee on major shift
Nursing home 1 space per 3 residents, plus 1 space each
employee on major shift
Park and ride facility No requirement
Post office See Schedule A
Public assembly 1 space per 4 seats or similar accommodations
provided
Public maintenance and
service facility
See schedule A
Public park and
recreational area
See schedule B
Public safety service 3 spaces per vehicle based at facility
Religious assembly 1 space per 4 seats in principle place of worship
Rehabilitation service 1 space per 3 residents, plus 1 space each
employee on major shift
Utility service, major See schedule B
Utility service, minor No requirement
Office Use Types
Financial institution 1 space per 300 sq. ft., plus required stacking
spaces
General office 1 space per 250 sq. ft.
Laboratory 1 space per 1.5 employees on major shift, plus 1
per company vehicle
Medical office 7 spaces per practitioner, or 1 space per 200 sq.
ft., whichever is greater
Commercial Use Types
Adult entertainment
establishment
1 space per 200 sq. ft.
136
Agricultural service See schedule A
Antique shop 1 space per 400 sq. ft.
Bed and breakfast 1 space per guest room, plus 2 spaces for owner's
unit
Boarding house 1 space per sleeping room
Business support service 1 space per 250 sq. ft.
Business or trade school See schedule B, but no less than 1 space per 4
students
Campground 1 space per campsite, plus spaces required for
other uses
Car wash 1 space per employee on major shift, plus
required stacking spaces
Commercial indoor
amusement
1 space per 3 persons based on maximum
occupancy load
Commercial indoor
entertainment
1 space per 4 seats or similar accommodations,
plus 1 space per 2 employees on major shift.
Commercial Indoor Sports and Recreation
• Bowling alley 3 spaces per alley, plus 1 space per employee on
major shift
• Swimming pool 1 space per 100 sq. ft. of water surface
• Tennis and similar court
games
4 spaces per court
• Other indoor sports 1 space per 3 persons based on maximum
occupancy, plus 1 space per employee on major
shift
Commercial Outdoor Entertainment/Sports Recreation
• Miniature golf 1. 5 spaces per hole
• Other outdoor
entertainment/sports
recreation
1 space per 3 persons based on maximum
occupancy, plus 1 space per employee on major
shift
137
Commercial outdoor pool
and tennis facility
1 space per 100 sq. ft. of water surface, and/or 4
spaces per court
Construction office,
temporary
No requirement
Construction sales and
service
See schedule A
Contractor office and
storage facility
See schedule A
Convenience store 1 space per 200 sq. ft. for the first 1,000 sq. ft.
plus 1 space for each additional 175 sq. ft.
Crematorium 1 space per 4 seats in main chapel, plus 1 space
per 2 employees on major shift, plus 1 space per
company vehicle
Equipment sales and rental See schedule A
Flea market 1 space per 100 sq. ft. of sales area accessible to
the public
Funeral home 1 space per 4 seats in main chapel, plus 1 space
per 2 employees on major shift, plus 1 space per
company vehicle
Garden center See schedule A
Gasoline station 1 space per employee, plus 1 space per 200 sq.
ft. of building area, plus required stacking space
Golf course 50 spaces per 9 holes, plus spaces as required for
other uses
Golf driving range 1.2 spaces for each driving tee
Hospital 1 space per 2 beds, plus 1 space per employee on
major shift, including doctors
Hospital, special care 1 space per 2 beds, plus 1 space per employee on
major shift, including doctors
Hotel/motel/motor
lodge/inn
1 space per guest accommodation, plus 4 spaces
per 50 guest rooms, plus spaces as required for
138
other uses.
Kennel, commercial 1 space per 500 sq. ft.
Laundry 1 space per 300 sq. ft.
Manufactured home sales See schedule B
Marina See schedule B
Medical clinic 3 spaces per examination or treatment room, plus
1 space per employee on major shift including
doctors
Miniwarehouse 1 space for each employee, plus 2 spaces for the
first 100 storage spaces, plus 1 for each
additional 100 storage units or portion thereof
Motor vehicle
dealership/new
See schedule A
Motor vehicle
dealership/used
See schedule A
Motor vehicle/rental See schedule A
Motor vehicle repair
service, major
2 spaces per service bay, plus 1 space per
employee on major shift
Motor vehicle/repair
service, minor
1 space per 200 square feet, plus 2 spaces per
service bay, plus 1 space per employee on major
shift
Motor vehicle/outdoor
storage
See schedule A
Motor vehicle parts/supply,
retail
See schedule A
Pawn shop 1 space per 300 sq. ft.
Personal improvement
service
1 space per 300 sq. ft.
Personal service 1 space per 300 sq. ft.
Real estate office, 1 space per 300 sq. ft.
139
temporary
Recreational vehicle sales
and service
See schedule A
Restaurant, Drive-in Fast Food
• With seats 1 space per 4 seats, plus 1 space per 4 employees
on major shift, plus required stacking space
• Without seats 1 space per 60 sq. ft., plus required stacking
space
Restaurant, general 1 space per 4 seats, plus 1 space per 2 employees
on major shift
Retail sales See schedule A
Shopping center 4.4 spaces per 1,000 sq. ft.
Studio, fine arts See schedule B
Truck stop See schedule B
Veterinary hospital/clinic 1 space per 300 sq. ft.
Industrial Use Types
Abattoir or livestock
processing
See schedule A
Asphalt plant See schedule B
Construction yard See schedule A
Convenience center See required stacking spaces
Custom manufacturing See schedule A
Industry, Type I See schedule A
Industry, Type II See schedule A
Industry, Type III See schedule A
Landfill, industrial See schedule B
Landfill, rubble See schedule B
Landfill, sanitary See schedule B
140
Meat packing 1 space per employee on major shift
Resource extraction 1 space per employee on major shift
Scrap and salvage service See schedule A
Transfer station See schedule B
Warehousing and
distribution
See schedule A
Miscellaneous Use Types
Alternate discharge sewage
system
No requirement
Amateur radio tower No requirement
Aviation facility,
commercial
See schedule B
Aviation facility, general See schedule B
Aviation facility, private See schedule B
Communication tower 2 spaces per tower
Hunt club See schedule B
Parking facility,
surface/structure
No requirement
Shooting range, outdoor See schedule B
Schedule A
This schedule sets forth minimum parking requirements for uses with
elements having different functions or operating characteristics within a
single overall use.
Function of Element Requirement
Office or administrative activity 1 space per 300 sq. ft.
Indoor sales, display or service area 1 space per 500 sq. ft.
Motor vehicle service bay 2 spaces per service bay
141
Outdoor sales, display or service area 1 space per 2,000 sq. ft.
General equipment servicing or manufacturing 1 space per 1,000 sq. ft.
Indoor or outdoor storage or warehousing 1 space per 5,000 sq. ft.
Schedule B
Specific requirements shall be determined by the zoning administrator
based on requirements for similar uses, location of the proposed use,
expected demand and traffic generated by the proposed use, and appropriate
traffic engineering and planning criteria and information. Determinations of
requirements may be appealed to the board of zoning appeals. (7-7-05, 3-20-
14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Section 11-
1002, Applicability, of the Isle of Wight County Code be amended and
reenacted as follows:
Sec. 11-1002. Applicability.
A. The provisions of this section shall apply to all new land uses,
developments, and buildings. This shall include civic, office, single-
family attached or multifamily residential uses, commercial, industrial,
and miscellaneous uses, in accordance with article III, sections 3-3000, 3-
4000, 3-5000, 3-6000, 3-7000, and 3-8000, unless otherwise designated
in this ordinance. The provisions in this article do not pertain to lighting
within residential subdivisions, as they are governed by the county's
subdivision ordinance.
B. The provisions of this section shall apply to all building additions or
modifications of twenty-five percent (25%) or more in terms of floor area,
and parking spaces; either with a single addition or with cumulative
additions subsequent to the effective date of this provision.
142
C. Provisions of this section shall also apply to the cumulative addition or
replacement of twenty-five percent (25%) or more of the existing lighting
fixtures not attached to a building on the site.
D. Abandoned uses. If a property or use with nonconforming lighting is not
in use for more than two (2) years, any new use shall be deemed to be a
change in use and all requirements of this article shall apply. (7-7-05, 3-
20-14.)
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Chairman Bailey opened up the public hearing on the Ordinance
Amendment for Septic Tank Pump Out.
Ms. Hummel addressed the Board regarding the proposed revisions to
the Septic Pump-Out Ordinance.
Albert Burckard recommended that the revisions be tabled until the
State takes action.
Chairman Bailey closed the public hearing and Supervisor Alphin
moved that the amended Ordinance be approved as drafted to retain the five-
year pump-out requirement for most septic systems; to allow inspections in
lieu of pump-out; and to exempt from pump out those septic systems
equipped with effluent filters. The motion was adopted by a vote of (5-0)
with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in
favor of the motion and no Supervisors voting against the motion.
//
Item 9: County Administrator’s Report
A proposed Resolution to Amend Chapter 2: Financial and
Accounting, Article 1, of the County Policy Manual (Purchasing Authority)
was presented by County Administrator Seward for adoption.
143
Chairman Bailey moved that the following Resolution be adopted:
RESOLUTION TO AMEND CHAPTER 2: FINANCIAL AND
ACCOUNTING, ARTICLE 1, OF THE COUNTY POLICY MANUAL
WHEREAS, the County has established a Central Purchasing Policy as
part of Chapter 2: Financial and Accounting, Article I, of the County Policy
Manual; and
WHEREAS, the Board of Supervisors desires to amend Chapter 2:
Financial and Accounting, Article I, of the County Policy Manual to provide
the County Purchasing Agent with the authority to make purchases as long as
such purchases are fully funded through the current Fiscal Year budget.
NOW, THEREFORE, BE IT RESOLVED that Chapter 2: Financial
and Accounting, Article 1, of the County Policy Manual is hereby amended
as follows:
Chapter 2: Financial and Accounting
ARTICLE I
Central Purchasing
(Adopted December 4, 1975; Revised April 6, 2000; Revised June 19, 2003;
Revised October 16, 2003; Revised October 21, 2004; Revised October 2,
2008, Revised June 11, 2008, Revised April 15, 2010, Revised May 27, 2010,
Revised December 20, 2012, Revised March 20, 2014)
Section 1.0
County Administrator as Purchasing Agent
The Board of Supervisors of Isle of Wight County, Virginia, hereby employs
and designates the County Administrator as the County Purchasing Agent for
the County of Isle of Wight, Virginia to perform the duties hereinafter
provided. The County Administrator may delegate such duties as he deems
144
necessary, provided that the person or persons to whom duties are delegated
is subject to his direct supervision. The County Purchasing aAgent shall
serve as the principal purchasing official for the County, and shall have the
duties and perform such functions as assigned.
The Board of Supervisors of Isle of Wight County, Virginia, does hereby
authorize, the County Purchasing Agent shall, under the supervision of the
Board of Supervisors of Isle of Wight County, to purchase or contract for all
supplies, materials, equipment, and contractual services required by any
department or agency of the County government as long as such purchases
are fully funded through the then current Fiscal Year budget. In addition, the
Purchasing Agent shall have the authority to adopt appropriate regulations
consistent with this policy.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
A proposed Resolution to Amend Chapter 2: Financial and
Accounting, Articles VI, VIII and XI of the County Policy Manual was
presented by Charles A. Meek, Assistant to the County Administrator, for
adoption.
Supervisor Casteen moved that the following Resolution be adopted
with the exception of a change on Page 2 changing “will” to “should”:
RESOLUTION TO AMEND CHAPTER 2: FINANCIAL AND
ACCOUNTING, ARTICLES VI, VIII, AND XI OF THE COUNTY
POLICY MANUAL
WHEREAS, the Isle of Wight County Board of Supervisors (the
“Board”), has adopted, as part of the County Policy Manual, Chapter 2:
Financial and Accounting to provide for the implementation of sound fiscal
policies and management of the County’s finances; and,
WHEREAS, is recommended that the Board amend Chapter 2, Articles
VI, VIII, and XI of the County Policy Manual as provided for in Attachment
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A – “County of Isle of Wight Financial Policies” which are hereby
incorporated by reference and made a part of this Resolution.
NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight
County Board of Supervisors hereby amends Chapter 2, Articles VI, VIII,
and XI of the County Policy Manual as prescribed in Attachment A.
BE IT FURTHER RESOLVED that the County Administrator is
hereby authorized to make such necessary and appropriate revisions to the
County Policy Manual in order to effectuate the policy changes set forth in
Attachment A.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
A proposed Resolution to Return Grant Funds and Suspend the PACE
Program was presented by County Administrator Seward for adoption.
Supervisor Darden moved that the following Resolution be adopted:
RESOLUTION TO RETURN GRANT FUNDS AND
SUSPEND THE PACE PROGRAM
WHEREAS, the County has been notified of its most recent award by
the Virginia Department of Agriculture and Consumer Services (VDACS) in
the amount of $149,678.46 for the Purchase of Agricultural and Forestal
Conservation Easements (PACE) Program; and,
WHEREAS, currently, the County has $271,668.10 in previous state
funding which is set to expire; and,
WHEREAS, due to the lack of availability of County matching funds,
the Program should be suspended until such time when funding becomes
available.
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NOW THEREFORE BE IT RESOLVED that the Board of Supervisors
of the County of Isle of Wight, Virginia release the funds previously received
from the Virginia Department of Agriculture and Consumer Services
Purchase of Agricultural and Forestal Conservation Easements (PACE)
Program and suspend the County’s PACE Program until such time that local
discretionary funding becomes available.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
A Resolution to Enact a Social Media Policy was presented by Donald
T. Robertson, Director of Information Resources and Legislative Affairs, for
adoption.
Supervisor Jefferson moved that the following Resolution be adopted:
RESOLUTION TO ENACT A SOCIAL MEDIA POLICY
WHEREAS, the County uses social media as a means of
communicating with the public relative to a variety of public issues; and
WHEREAS, the Board of Supervisors desires to monitor and govern
the content and conduct of participants in the County’s social media forums.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of the County of Isle of Wight, Virginia adopts the following
policy:
Isle of Wight County’s social media focus is to network and relay
information to county residents, businesses and visitors. We encourage
individuals to post questions, comments, and concerns. We invite
individuals to express their thoughts whether they are supportive,
dissenting or critical; however, these comments should be appropriate
and criticism should be constructive. Our social media sites are for
online discussion only and they should not be used as a public forum.
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We recognize the internet is a 24/7 medium, and your comments are
welcome at any time; however, given the need to manage limited staff
resources, we generally only monitor comments and postings during
regular business hours.
Once posted, Isle of Wight County reserves the right to delete
submissions that contain:
. False Information
. Obscene language or sexual content
. Pornographic Images
. Personal attacks of any kind
. Comments or content that promotes, fosters, or perpetuates
discrimination on the basis of race, creed, color, age, religion,
gender, marital status, genetics, status with regard to public
assistance, national origin, physical or intellectual disability or
sexual orientation
. Spam, advertising or include links to other sites
. Threatening or slanderous comments about any person or
organization
. Comments that are clearly off topic and/or disruptive
. Comments supporting illegal activity
. Promotion of particular services, products, or political
organizations
. Support of or opposition to political candidates, political
organizations or ballot propositions
. Infringement on copyrights or trademarks
. Personally identifiable medical information
. Information that may compromise the safety, security or
proceeding of public systems or any criminal or civil
investigations
Violations of the Social Media Policy can result in the user being
banned from the County’s social media sites. Comments used on these
sites have no reflection on county staff or employees. Administrators
on these sites may report or remove information listed in the above
policy.
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The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
A proposed Resolution of the Board of Supervisors of Isle of Wight
County, Virginia Establishing a Policy for the Development of the Facilities
Identified in the Pedestrian and Bicycle Facilities Master Plan was presented
by Richard Rudnicki, Planner, for adoption.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF
WIGHT COUNTY, VIRGINIA ESTABLISHING A POLICY FOR
THE DEVELOPMENT OF THE FACILITIES IDENTIFIED IN
THE PEDESTRIAN AND BICYCLE FACILITIES MASTER
PLAN
WHEREAS, the Isle of Wight County Board of Supervisors has
adopted a countywide Pedestrian and Bicycle Facilities Master Plan which
identifies the location and type of bike and pedestrian facilities to be
constructed; and
WHEREAS, the Board understands that providing for the construction
of these facilities by both the County and Development community, where
applicable, enhances the quality of life of the citizens of Isle of Wight
County; and
WHEREAS, the Board recognizes the importance of developing policy
intended to promote the overall Bike and Pedestrian vision of the County,
thereby encouraging a non-motorized transportation network for the
community and supporting public health and safety consistent with the goals
and objectives of the Isle of Wight County Comprehensive Plan; and
WHEREAS, the Board recognizes the importance of the policy while
being fiscally responsible to the citizens of Isle of Wight County; and
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WHEREAS, the Board recognizes the role of the development
community in the implementation of the Pedestrian and Bicycle Facilities
Master Plan in conjunction with all types of development as an important
means of completing the construction of these facilities in a reasonable
timeframe and at reasonable cost to all parties, while being flexible to each
development situation;
NOW, THEREFORE, BE IT RESOLVED THAT in an effort to
promote the health, public safety, and mobility of the County and remain
focused on the implementation of the Pedestrian and Bicycle Facilities
Master Plan, the Board of Supervisors of Isle of Wight County hereby adopts
a policy for development of the facilities identified in the Pedestrian and
Bicycle Facilities Master Plan, as follows:
I. Purpose:
This policy is intended to establish an implementation strategy that clearly
outlines the requirements for creating a quality non-motorized transportation
network as a priority of future development in Isle of Wight County in
accordance with the goals and objectives of the Isle of Wight County
Comprehensive Plan as follows:
• Ensure that new developments (both commercial and residential) are safer
for walking and bicycling, and that the non-motorized transportation and
recreation facilities identified in the plan are constructed during development
projects.
• County staff should require future developers to construct the public
greenway, pedestrian, and bicycle facilities that are identified in the plan as
part of their developments.
• The County should act to codify specific requirements for pedestrian and
bicycle accommodations in the Zoning Ordinance to include, sidewalks on
both sides of roadways.
• As an advisory board to the Board of Supervisors, the Planning
Commission’s responsibilities include providing recommendations to the
150
Board of Supervisors in achieving the County’s vision for the location of
pedestrian and bicycle facilities. The Board of Supervisors of Isle of Wight
County, through the creation and appointment of a Bike and Pedestrian
Committee (BPC), the adoption of the Pedestrian and Bicycle Facilities
Master Plan as a supplement to the Comprehensive Plan in 2006 amended
2009, and approval of a Design Specifications Manual in 2009, has set forth a
mechanism for citizen involvement in the process of establishing priorities
for facilities location and construction specifications to be followed in the
creation, enhancement and protection of bike and pedestrian facilities and
greenway corridors throughout the County.
This policy will serve to carryout and further define all aspects of
implementation and funding for the creation of a countywide non-motorized
transportation network in Isle of Wight County.
II. Applicability:
The following project types shall be reviewed for compliance with the
facilities identified in the Bicycle and Pedestrian Facilities Master Plan.
A. Any new development project which requires any of the following actions
for approval:
i. Conditional Use Permit (CUP)
ii. Special Use Permit (SUP)
iii. Rezoning
iv. Preliminary Site Plan
B. Any existing development project which requires any of the following
actions for approval:
i. Conditional Use Permit (CUP)
ii. Special Use Permit (SUP)
iii. Rezoning
iv. Preliminary Site Plan
151
C. Any Subdivision of 5 or more lots, will construct bicycle and pedestrian
facilities as required by the Isle of Wight County Subdivision and Zoning
Ordinances, regardless of this policy.
III. Requirements:
A. All applicants shall dedicate and record an easement as needed for the
implementation of the specifically designated facilities for the site in
question, prior to the issuance of a Zoning Permit for the project.
B. The applicant will construct the bicycle and pedestrian facilities identified
for the site in accordance with the requirements of the Zoning Ordinance.
i. If the applicant does not wish to construct the pedestrian facilities, as
required by the Zoning Ordinance, they shall pay into the Pedestrian and
Bicycle Facilities Fund (PBFF) the amount of one hundred and twenty
percent (120%) of the engineering estimate, as approved by the County, for
construction of the designated facilities on their site by the County. This
payment shall be made prior to the issuance of a Zoning Permit for the
project; or,
ii. The applicant shall pay into the PBFF the amount of eighty percent (80%)
of the engineering estimate, based on on-site construction of the facility, as
approved by the County, which will then be used to fund off-site construction
of bike and pedestrian facilities as identified in the Pedestrian and Bicycle
Facilities Master Plan. This payment shall be made prior to the issuance of a
Zoning Permit for the project. The allocation of said funds and the location of
the facility to be constructed shall be determined at the discretion of the
County.
C. In the event that development activity is scheduled to occur on a property
where the pedestrian and bicycle facilities have already been constructed (in
accordance with this policy), the applicant shall contribute their pro rata share
of the real cost of the project to the PBFF.
IV. Pedestrian and Bicycle Facilities Fund (PBFF)
152
A. The Pedestrian and Bicycle Facilities Fund (PBFF) shall be a Capital
Project Fund to hold funds tied to bike and pedestrian facilities construction
capital projects as identified in the Capital Improvement Plan (CIP).
B. Funds from the PBFF shall be allocated every year through the normal
CIP process as follows:
i. For funds contributed through Section 3(B)(i) of this policy the facility in
question will be built during the next budget cycle. ii. For funds contributed
through Section 3(B)(ii) of this policy the construction of facilities will be
triggered by funds adequate for the construction of five hundred (500) feet of
new facilities or a distance (shorter or longer) which allows for the facility to
come to a reasonable terminus (such as a property line), as identified by the
Pedestrian and Bicycle Facilities Master Plan. Those facilities include but are
not limited to sidewalks, multi use paths, designated bike lanes, and widened
shoulders. With the exception of B(i) above.
C. If the PBFF does not contain sufficient funds to implement the designated
amount of facilities those funds shall be retained and rolled over into the next
budget cycle, repeating if necessary, until such time as sufficient funds are
available.
D. The allocation of PBFF funds shall be considered on an annual basis. A
regular report of the fund shall be generated by the Isle of Wight County
Budget and Finance Department. This report will be distributed for
consideration by the Bike and Pedestrian Committee, with projects being
identified in the Isle of Wight County Parks and Recreation Department
budget, and project management administered by Isle of Wight County
General Services Department.
All projects shall be prioritized according to the following hierarchy:
i. Funds shall be allocated to projects immediately adjacent to existing
facilities over projects which do not connect to an existing facility.
ii. Funds shall be allocated to projects inside a Development Service District
(DSD) prior to projects outside a DSD.
153
iii. Funds shall be allocated to projects according to the project prioritization
completed by the Bike and Pedestrian Committee
(see attached).
iv. This fund can be used to leverage additional construction funds as long as
the proposed project falls on the Pedestrian and Bicycle Facilities Master
Plan, and the proposed project has been approved by the Bike and Pedestrian
Committee.
v. Perpetual maintenance of the Pedestrian and Bicycle Facilities constructed
through normal development activity and the requirements of this policy
should be considered in future budget cycles.
V. Construction Standards
A. Sidewalks – Sidewalks shall be constructed within residential subdivisions
as required by the Isle of Wight County Subdivision Ordinance, they shall be
located within the public right of way, and constructed in accordance with
VDOT standards.
B. Multi-Use Paths – Multi-Use Paths shall be constructed as required by the
Bicycle and Pedestrian Facilities Master Plan, they shall be located within an
easement dedicated to the County as required by this policy, and constructed
in accordance with the Isle of Wight County Bike and Pedestrian Facility
Design Specifications Manual.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Frank A. Haltom, Director of General Services, briefed the Board
relative to relief efforts for churches and area businesses with respect to the
Stormwater Management Program.
Supervisor Alphin moved that staff be directed to advise what the fiscal
impact would be if churches and 5013(c) organizations were exempted from
154
the stormwater management fee. The motion was adopted by a vote of (5-0)
with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in
favor of the motion and no Supervisors voting against the motion.
Responsive to a request for a special meeting on April 3, 2014,
Supervisor Darden moved that the Board conduct a special meeting on April
3, 2014 at 10:00 a.m. to discuss the proposed Fiscal Year 2014-2015
Operating and Capital Budgets and the proposed Stormwater Ordinance. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs addressed the proposed Fiscal Year 2015-19 Capital
Improvements Plan.
Supervisor Casteen requested that the County’s contribution of $25,000
for eight (8) years for the Smithfield ballfield project be included in the
FY2015-19 Capital Improvements Plan and moved that the Board authorize
staff to advertise a public hearing for April 17, 2014 on the FY2015-19
Capital Improvements Plan. The motion was adopted by a vote of (5-0) with
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
Michael W. Terry, Director of Budget and Finance, provided a
quarterly financial report.
//
Item 10: New Business
There was no new business offered for discussion by the Board.
//
Item 11: Informational Items
155
The following informational items were identified by County
Administrator Seward as being included in the Board’s agenda: BZA,
Planning Commission, Wetlands Annual Reports; Budget Calendar; Joint
Route 460 Transportation Committee; Trash Pickup; Charter
Communications Digital Migration; and, Delinquent Tax Information and
Statement of Treasurer’s Accountability
Supervisor Casteen advised that he has received complaints from
citizens in regards to insufficient notice from Charter Communications of a
$6 charge per television for digital migration and moved that staff be directed
to correspond with Charter Communications to register a complaint. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
//
Item 12: Closed Meeting
County Attorney Popovich requested a closed meeting pursuant to
Section 2.2-3711.A.7 of the Code of Virginia concerning consultation with
legal counsel requiring the provision of legal advice regarding a contractual
dispute and pursuant to Section 2.2-3711.1 concerning the assignment of
specific public employees relating to an organizational restructuring issue.
Supervisor Alphin moved that the Board enter the closed meeting for
the reasons stated by the County Attorney. The motion was adopted by a
vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Darden moved that the Board return to open meeting. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Darden moved that the following Resolution be adopted:
156
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bailey, Darden, Hall, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
//
At 10:00 p.m., the meeting was adjourned by Chairman Bailey.
__________________________
Byron B. Bailey, Chairman
______________________
Carey Mills Storm, Clerk
1
SPECIAL MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE THIRD DAY OF APRIL IN THE YEAR
TWO THOUSAND AND FOURTEEN AT 10:00 A.M. IN THE ROBERT
C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY
COURTHOUSE
PRESENT: Byron B. Bailey, Chairman, Newport District
Rex W. Alphin, Vice-Chairman, Carrsville District
Delores C. Darden, Windsor District
Alan E. Casteen, Smithfield District
Rudolph Jefferson, Hardy District
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
At 10:00 a.m., the meeting was called to order by Chairman Bailey for
the purpose of conducting a work session on a proposed Stormwater
Management Program and associated Ordinance and the County’s FY2014-
15 Operating and Capital Budget.
Don Jennings, County Engineer, provided an overview of the
background, purpose and proposed amendments to the Stormwater
Management Program Ordinance, associated Credit Policy components and a
proposed Memoranda of Agreement with the Towns of Smithfield and
Windsor. He recommended that the Board conduct a public hearing on the
proposed amendments to the Ordinance at its April 17, 2014 meeting.
Supervisor Casteen moved that staff be authorized to advertise the
Stormwater Management Ordinance and Credit Policy for public hearing at
the Board’s April 17, 2014 meeting. The motion was adopted by a vote of
(5-0) with Supervisors Darden, Bailey, Hall, Alphin and Casteen voting in
favor of the motion and no Supervisors voting against the motion.
County Administrator Seward reviewed the Budget Development
Calendar for the FY2014-15 Isle of Wight County Operating and Capital
Budget and requested that the Board authorize a public hearing on the Budget
2
at its May 1, 2014 meeting. She briefed the Board regarding the five (5)
primary goals used by staff in developing the budget recommendations. She
advised that a deficit of $3.9 million is projected in FY2014 and a $7.9
million shortfall is projected in FY2015. She concluded her presentation by
presenting a three (3) year plan designed to achieve a balanced budget that
calls for backfilling the deficit for FY2014 of $3.9 million and which would
result in a $.12 increase in real estate taxes and draw $3.2 million from the
Fund Balance in the first year and call for restructuring of existing debt. She
advised that the second year of the recommended plan calls for decreasing
the $3.2 million draw from the Fund Balance by half. She cautioned that
doing so will violate the County’s policy to remain above 10%. She advised
that year three of the plan recommends the elimination of all draws from the
Fund Balance.
Under General Government services, Donald T. Robertson, Director of
Information Resources and Legislative Affairs, briefed the Board regarding
staff’s budget recommendations pertaining to the areas of Personnel,
Technology Services, Health and Welfare; Education; and, Local and
Regional Contributions.
Beverly H. Walkup, Director of Planning and Zoning, reviewed new
initiatives associated with community development, to include a new central
permitting function.
Ms. Seward addressed the funds included in the budget for the
Blackwater Regional Library, Fort Boykins and Fort Huger, Tourism and the
elimination of the County’s Historic Resources Division.
Mark W. Furlo, Director of Parks and Recreation, reviewed the Parks
and Recreation budget, now divided into three divisions in the proposed plan,
which includes Administration, Parks and Grounds and Recreation
Programming.
Ms. Seward reviewed the proposed budget with regard to public safety
and judicial.
3
Rusty Chase, Chief of Emergency Services, reviewed the budget as it
pertains to public safety, specifically fire and rescue services.
//
The Board took a five-minute break.
//
Frank Haltom, Director of General Services, reviewed the General
Services’ budget with respect to cost saving measures in the areas of building
maintenance, outsourcing of custodial personnel, using SPSA’s recycling and
hazardous waste program and implementing a reduction in hours of operation
at the convenience centers.
County Administrator Seward reviewed the County’s population
growth; provided a regional comparison of employees per 1,000 citizens; a
real estate tax rate comparison; a median household income; and, the
County’s spending per pupil.
Supervisor Casteen moved that staff be authorized to advertise the
amendments to the Stormwater Management Ordinance and Credit Policy for
public hearing at the Board’s April 17, 2014 meeting. The motion was
adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
Supervisor Alphin moved that staff be authorized to advertise the
proposed Fiscal Year 2014-15 Isle of Wight County Operating and Capital
Budget in the amount of $152,488,680, to include any and all ordinance
revisions required, on April 17, 2014. The motion was adopted by a vote of
(5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting
in favor of the motion and no Supervisors voting against the motion.
Supervisor Darden moved that staff be authorized to advertise the
proposed Fiscal Year 2014-15 Isle of Wight County School’s Operating
Budget, as proposed, on April 17, 2014. The motion was adopted by a vote
4
of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson
voting in favor of the motion and no Supervisors voting against the motion.
Chairman Bailey moved that the Board continue its meeting until
Thursday, April 10, 2014 at 10:00 a.m. in the Robert C. Claud, Sr. Board
Room to discuss the proposed topics of County trends and service analysis;
financial review and debt restructuring – Davenport; and convenience center
operating hours. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
At 11:30 a.m., the meeting was adjourned by Chairman Bailey.
__________________________
Byron B. Bailey, Chairman
______________________
Carey Mills Storm, Clerk
1
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTEENTH DAY OF APRIL IN THE
YEAR TWO THOUSAND AND FOURTEEN AT 5:00 P.M. IN THE
ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE
PRESENT: Byron B. Bailey, Chairman, Newport District
Rex W. Alphin, Vice-Chairman, Carrsville District
Delores C. Darden, Windsor District
Alan E. Casteen, Smithfield District
Rudolph Jefferson, Hardy District
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
At 5:00 p.m., the meeting was called to order.
Supervisor Alphin delivered the invocation and the Pledge of
Allegiance to the Flag was conducted.
APPROVAL OF AGENDA
Under Public Hearings, County Attorney Popovich requested that Item
(D), the application of Frederick A. Carr Property (Industrial to Agricultural),
be moved up to Item (A).
Supervisor Alphin moved that the agenda be approved as amended.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
CONSENT AGENDA
A. Motion to Approve Revised Planning Commission By-Laws
B. Fort Boykin Shoreline Repair Project – Authorization to Expend Funds
2
C. Resolution to Transfer Capital Funds for Nike Park Maintenance
D. Resolution – Recognition of Volunteer Appreciation Week
E. Resolution – Recognition of Public Service Appreciation Week
F. Motion – Approval of Preliminary Subdivision Plat for Founders Point
Phase III
G. Motion – Approval of Fair Committee Executive Board
H. Motion – Authorize Public Hearing to Consider Tax Exemption
Request by Windsor Athletic Association
Supervisor Darden moved that the Consent Agenda be adopted as
presented. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
REGIONAL REPORTS
Regarding the Hampton Roads Planning District Commission
(HRPDC)/Hampton Roads Transportation Planning Organization (HRTPO),
County Administrator Seward reported that the Governor had attended the
TPO meeting and discussed his expectation for the Port that it be fully
developed and become the number one exporter in the nation. She stated the
Governor had reminded those present that the General Assembly has created
a funding mechanism for transportation matters in the region and that he had
shared his expectation that projects will be built within the next 25-30 years
with the focus being on the economic engine for the Port, improving
connectivity and spurring economic development. She advised that updates
on the Route 64 widening project were received and that there will be a
public hearing on that project on April 30, 2014. She advised that the
HRPDC and the TPO had adopted their respective budgets, which included a
2% increase over the current year; a 2% increase for personnel and the per-
capita charges remaining at $.80.
3
Regarding the Western Tidewater Regional Jail Authority, Supervisor
Jefferson reported that the Jail agreed to refinance its existing debt of $5.2
million and the Jail agreed not to entertain the City of Chesapeake’s offer to
house inmates. He stated that efforts are still underway to get Southampton
County to become a member of the Jail Authority which would impact the
Jail’s budget positively. He stated that the Jail is at 63% of bed capacity as of
February 14, 2014 and the Authority has spent $67.3% of its allocated budget
with a balance of $1,731,587.59 as of February 28, 2014. He advised that the
County continues to use inmates from the Jail which allowed the County to
enjoy a savings of $9,250. He concluded that the Authority continues to
work on its budget.
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to
Section 2.2-3711.A.5 of the Freedom of Information Act concerning
discussion on a prospective business where no previous announcement has
been made of the business’ locating its facilities in the community and under
Section 2.2-3711.A.1 regarding discussion of a personnel matter.
Supervisor Alphin moved that the Board enter the closed meeting for
the reasons stated by County Attorney Popovich. The motion was adopted by
a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and
Jefferson voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Alphin moved that the Board return to open meeting. The
motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Jefferson moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on this
4
date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a certification
by this Board of Supervisors that such closed meeting was conducted in
conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bailey, Darden, Hall, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
APPOINTMENTS
Supervisor Jefferson moved that Hazel Edwards be reappointed to the
Blackwater Regional Library Board. The motion was adopted by a vote of (5-
0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Jefferson moved that Hazel Edwards be reappointed to the
Southeastern Tidewater Opportunity Project. The motion was adopted by a
vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson
voting in favor of the motion and no Supervisors voting against the motion.
5
Supervisor Jefferson moved that James Ford be reappointed to the
Industrial Development Authority. The motion was adopted by a vote of (5-
0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Alphin moved that Hannah Holland be appointed to the
Events Committee, replacing Betty Pulley. The motion was adopted by a vote
of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Alphin moved that Jane March be appointed replacing Betty
Horton. The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
SPECIAL PRESENTATIONS
The Board received a slide presentation of animals currently available
for adoption at the County’s animal shelter.
County Administrator Seward presented a revised Resolution of the
Board of Supervisors of the County of Isle of Wight, Virginia Approving the
Issuance of Revenue Refunding Bonds by the Western Tidewater Regional
Jail Authority for the Board’s consideration.
Chairman Bailey moved that the following Resolution be adopted:
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ISLE OF WIGHT, VIRGINIA
APPROVING THE ISSUANCE OF REVENUE REFUNDING BONDS BY
THE WESTERN TIDEWATER REGIONAL JAIL AUTHORITY
The Western Tidewater Regional Jail Authority (the "Authority") was created
pursuant to Article 3.1, Chapter 3, Title 53.1 of the Code of Virginia of 1950,
as amended, by the City of Franklin, Virginia, the County of Isle of Wight,
Virginia, and the City of Suffolk, Virginia (collectively, the "Member
Jurisdictions")
6
As authorized by a resolution adopted by the board of directors of the
Authority on April 9, 2014, the Authority proposes to issue its revenue
refunding bonds in an aggregate principal amount of up to $5,200,000 (the
"2014 Bonds") for the purpose of (a) refunding the Authority's $2,638,000
Revenue and Refunding Bond, Series 2011A and its $3,773,000 Revenue and
Refunding Bond, Series 2011B (collectively, the "Refunded Bonds") issued
on May 10, 2011 to (i) finance or refinance the acquisition, construction and
equipping of certain capital improvements to the Authority's regional jail
facility, (ii) refund the Authority's Revenue and Refunding Bond, Series 2008
and (iii) finance the costs of issuing the Refunded Bonds; and (b) paying the
costs of issuing the 2014 Bonds;
The goal of the Authority in refunding the Refunded Bonds is to secure debt
service savings for the Authority and the Member Jurisdictions.
The financing of the 2014 Bonds requires a "moral obligation" pledge by
each of the Member Jurisdictions to pay its pro rata share of any debt service
on the 2014 Bonds for which the Authority's net revenues are insufficient.
Section 4.1(b) of the Amended and Restated Service Agreement dated as of
April 15, 2011 (the "Service Agreement"), by and among the Authority and
its Member Jurisdictions sets forth provisions for actuating the moral
obligation pledge.
Section 5.9 of the Service Agreement requires the consent of each of the
Member Jurisdictions to the issuance by the Authority of the 2014 Bonds.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the
County of Isle of Wight, Virginia (the "County"), that:
1. The County hereby consents to the Authority's issuance of the 2014
Bonds for the purposes described in Recitals B and C above, subject to the
adoption of similar resolutions by the governing bodies of the other Member
Jurisdictions.
2. The County hereby pledges and agrees that if during any fiscal year the
Authority lacks sufficient funds to pay scheduled debt service on the 2014
Bonds or any other bonds issued in accordance with the Service Agreement,
or to fulfill any debt service reserve funding requirements, the County will
7
pay, subject to the conditions contained in Section 4.1(b) of the Service
Agreement and the limitations set forth below, a portion of such insufficiency
equal to its pro rata share as determined pursuant to Section 3.2 of the Service
Agreement. Any such payment will be subject to the appropriation of funds
by the Board of Supervisors of the County and shall constitute a moral, non-
binding payment obligation. In no event shall the obligation of the County
under Section 4.1(b) of the Service Agreement be deemed to constitute a debt
within the meaning of the Constitution of Virginia.
4. This resolution shall take effect immediately.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
CITIZENS COMMENTS
No one appeared and spoke.
PUBLIC HEARINGS
Chairman Bailey called for a public hearing on the following:
A. Frederick A. Carr Property (Rezoning from Industrial to Agricultural)
County Attorney Popovich certified that the matter has been properly
advertised.
Sandy Robinson, Planner, represented the application.
Chairman Bailey called for persons to speak in favor of or in opposition
to the proposed application.
No one appeared and spoke.
8
Chairman Bailed closed the public hearing and called for comments by
the Board.
Supervisor Alphin advised that the applicant, Frederick A. Carr, is his
uncle; however, he did not feel that his discussing and voting on this
application would be a conflict of interest.
Supervisor Casteen moved that the application be approved as
presented. The motion was adopted by a vote of (5-0) with Supervisors
Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion
and no Supervisors voting against the motion.
B. Proposed FY2015-19 Capital Improvements Plan (Resolution to Adopt
the FY2015-19 Capital Improvements Plan)
County Attorney Popovich certified that the proposed FY2015-19
Capital Improvements Plan has been properly advertised for public hearing.
Donald T. Robertson, Director of Information Resources and
Legislative Affairs, provided an update on the FY2015-19 Capital
Improvements Plan. He advised that revised information had been placed at
the Board’s seats prior to the start of the meeting.
Chairman Bailey called for persons to speak in favor of or in opposition
to the proposed Plan.
No one appeared and spoke.
Chairman Bailed closed the public hearing and called for comments by
the Board.
Supervisor Alphin moved that the following Resolution be adopted:
RESOLUTION TO ADOPT THE
FY2015-19 CAPITAL IMPROVEMENTS PROGRAM
9
WHEREAS, in accordance with Section 15.2-2239 of the Code of Virginia,
the Isle of Wight County Planning Commission has prepared and
recommended a comprehensive plan for the physical development of the
County; and,
WHEREAS, for planning purposes, capital improvement projects have been
identified and listed for consideration along with their respective costs in the
FY2015-19 Capital Improvements Program; and,
WHEREAS, the Board of Supervisors deems it appropriate to adopt a capital
improvements plan in accordance with the Code of Virginia.
NOW THEREFORE BE IT RESOLVED that the Board of Supervisors of
the County of Isle of Wight, Virginia adopts the FY2015-19 Capital
Improvements Program.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
C. Proposed Operating and Capital Budget for FY2014-15 and Related
Ordinances
County Attorney Popovich certified that the matter has been properly
advertised.
County Administrator Seward went over the various meetings held on
the Operating and Capital Budget, requesting that the Board conduct a special
meeting on May 1, 2014 at 10:00 a.m. in the Robert C. Claud, Sr. Board
Room. She briefed the Board regarding the five (5) primary goals for the
budget; the anticipated deficit of $7.9 million for the upcoming year; and, a
three (3) year plan to balance the budget.
Chairman Bailey called for persons to speak in favor of or in opposition
to the proposed Plan.
10
Edmond Easter of the Newport District spoke in support of the needs of
the County. He requested that $.02 be added to the proposed $.12 tax
increase dedicated to the school system.
Albert Burckard of 123Titus Point Lane pleaded with the Board to
restore full funding for the Department of Historic Resources for the
FY2014-15 budget cycle and allow citizens to work with the community and
find additional funding sources.
Brenda Lynn Stallings of 15020 Four Square Road, Regent of the
Colonel William Alan Chapter of the NSDAR representing the 69 members
of this local Chapter, requested the Board to keep in mind the consequences
associated with not funding their geneology program.
Charlie Broadwater, Director of Treasurer of the Western Tidewater
Free Clinic, requested the Board’s continued financial support for the Clinic.
John Springfield of the Newport District expressed his support for the
fire and rescue budget; the Operating Budget and the Capital Improvements
Plan. He criticized the water deal and commented that he is not in agreement
with the proffers policy change.
Herb DeGroft of 15411 Mill Swamp Road addressed the need for
shared/consolidated services and he recommended the establishment of a
committee charged with a list of services that can be shared between the
Board of Supervisors, the School Board and the Town of Smithfield. He
requested that the Board fund the School Board to its best ability.
Lanny Hinson, President of the 1750 Isle of Wight Courthouse group,
urged the Board to find funding for the Isle of Wight Museum and its staff.
Ernest Powell of Stallings Creek Drive, read a letter addressed to the
Isle of Wight Historical Society from Daniel Parker DuVall, a decendent of
Colonel Josiah Parker, concerning his opposition to the elimination of the
County’s Department of Historic Resources.
11
Jeremy Bond, a resident of the Carrsville District, requested that the
Board not eliminate paid staffing at the Carrsville Volunteer Fire Department.
Jane March of Zuni thanked the Board for its funding of County
libraries and offered suggestions for implementing cost savings during this
tight economic time.
David Johnson, President of the Peninsula Museum Forum, advocated
for the Isle of Wight County Museum and its staff.
Connie Henderson of Carrollton expressed her gratitude for the Board’s
financial support for the Blackwater Regional Library.
Andreu Greggory, a resident of the Town of Smithfield, spoke as an
advocate for the CASA program.
Joel Bradshaw of Carrsville expressed his opposition to the $.12 tax
increase and spoke in favor of paid EMS.
Diane Scott of Carrollton shared her reasons why it is necessary that
library funding and resource personnel not be reduced.
Chairman Bailey closed the public hearing and called for comments by
the Board.
Following advisement by County Attorney Popovich that the Code of
Virginia prohibits the Board from taking any formal action on the budget for
seven (7) days following its public hearing, Chairman Bailey moved that the
Board conduct a special meeting on May 1, 2014 at 10:00 a.m. The motion
was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen,
Darden and Jefferson voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Casteen advised the Board of the need of the Department of
Social Services for additional funding in the amount of $45,000.
12
D. An Ordinance to Amend and Reenact the Isle of Wight County Code
by Amending and Reenacting Chapter 14A, Stormwater Management
Ordinance
County Attorney Popovich certified that the matter was properly
advertised for public hearing.
Don Jennings, Engineer, represented the proposed amendments to the
Stormwater Management Ordinance.
Chairman Bailey called for persons to speak in favor of or in opposition
to the proposed Plan.
Pastor Danny Gray, Calvary Baptist Church, spoke in opposition to the
proposed stormwater fee being imposed on churches.
Grey Gray of Smithfield requested that churches be exempted from the
stormwater fee being proposed.
Bill Gill, representing Benns United Methodist Church, spoke in
opposition to the proposed stormwater fee being imposed on church.
Chairman Bailed closed the public hearing and called for comments by
the Board.
Supervisor Casteen moved that the Board address this item at their
special meeting on May 1, 2014 at 10:00 a.m. The motion was adopted by a
vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson
voting in favor of the motion and no Supervisors voting against the motion.
COUNTY ATTORNEY’S REPORT
County Attorney Popovich offered a proposed amendment to the Board
of Supervisors’ By-Laws and Rules of Procedure.
Supervisor Casteen moved that the amendment to the Board of
Supervisors’ By-laws and Rules of Procedure be adopted. The motion was
13
adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden
and Jefferson voting in favor of the motion and no Supervisors voting against
the motion.
COUNTY ADMINISTRATOR’S REPORT
The Board received a legislative session update from Mr. Robertson
regarding House Bill 54; HB268, SB51; HB 193; HB 208; HB 262, SB 316;
HB 1084, SB 578; HB 1237, SB 154; Line of Duty Act (LODA); and the
budget impasse.
Tony Wilson briefed the Board regarding the creation of an energy
conservation policy at the Courthouse complex.
Supervisor Casteen moved that the following Resolution be adopted:
RESOLUTION TO ENACT AN ENERGY CONSERVATION POLICY
WHEREAS, the Board of Supervisors desires its facilities to be utilized in a
cost effective, energy efficient manner; and,
WHEREAS, staff has developed an Energy Conservation Policy to monitor
and govern the use of County facilities.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
the County of Isle of Wight, Virginia adopts the following policy:
1. Every employee will be expected to contribute to energy efficiency in
our facilities. Every person will be an “energy saver” and well as an
“energy consumer.”
2. All unnecessary lighting in unoccupied areas will be turned off. All
lights will be turned off when employees leave the building.
Employees will turn on lights only in the areas which they are working.
3. Exterior lighting will be used during scheduled activities otherwise
exterior lighting will be minimized and used only for security purposes.
4. Each Director shall designate a position that will be responsible for the
complete and total shutdown of his/her area/building each evening.
14
5. Space/personal heaters shall not be permitted in any area unless issued
by the Department of General Services.
6. All windows and doors shall be kept closed when in heating or cooling
seasons.
7. Filter replacement will be scheduled quarterly or monthly depending on
the type and use of each system.
8. Desk lamps and other small personal lighting devices shall only use
compact fluorescent light bulbs.
9. All electrical equipment not directly tied to each departments service to
the public or located in a break room (i.e. refrigerators, microwaves,
heaters and coffee pots) must be removed from County buildings.
10. All computers must be set in hibernation mode; and non-essential
computers must be turned off when not in use or prior to close of
business.
11. Programmable energy management devices and building automation
systems will be used to maintain and effectively control all HVAC and
some exterior and interior lighting functions.
ENERGY CONSERVATION POLICY GUIDELINES
HEATING SEASON AVERAGEROOM
TEMPERATURE*
Offices
72
Entryways, Corridors & Stairways
68
Storage & Unoccupied Areas
60
Break Areas
70
Unoccupied Times 60/65 deg Bldg.
Dependent
15
COOLING SEASON
AVERAGE ROOM
TEMPERATURE*
Entryways, Corridors & Stairways
74
Unoccupied Areas
76
BreakAreas
72
Offices
72
Unoccupied Times
78
*All temperature set points operate on a 2 degree deadband, this keeps the
system from constantly switching modes and allows the system to be satisfied
within 2 degrees up or down of the temperature setpoint.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
County Administrator Seward presented a resolution to appropriate of $3.9
million from the Unassigned Fund Balance for FY2014 for the Board’s
consideration.
Supervisor Darden moved that the following Resolution be adopted:
16
RESOLUTION TO APPROPRIATE $3.9 MILLION FROM UNASSIGNED
FUND BALANCE FOR FY 2013-14
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia, has received budgetary information and projections for the general
operating fund for FY 2013-14; and,
WHEREAS, there is an immediate need to address an anticipated
overspending of the general operating budget in the amount of $3,922,341;
and,
WHEREAS, the County desires to obtain authorization to draw from the
Unassigned Fund Balance $3,922,341 in order to amend the FY 2013-14
operating budget and appropriate funds to meet the overspend projection;
and,
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the
County of Isle of Wight, Virginia, that funds in the amount of $3,922,341
from the Unassigned Fund Balance be appropriated to FY 2013-14 General
Fund.
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.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
Don Jennings, General Services, briefed the Board regarding a
proposed non-residential fee credit policy pertaining to stormwater
management.
Supervisor Casteen moved that the following Resolution be adopted,
effective July 1, 2014:
17
RESOLUTION TO ADOPT A NON-RESIDENTIAL CREDIT POLICY
AND ESTABLISH A STORMWATER FUND
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia (hereafter referred to as the Board) will continue to comply with the
Code of Virginia and the Isle of Wight County Stormwater Management
Ordinance; and,
WHEREAS, amendments to the Code of Virginia require the County to act as
an agent for the Virginia Department of Environmental Quality beginning
July 1, 2014; and,
WHEREAS, Code of Virginia requires Localities that charge a stormwater
management fee to offer a credit policy for property owners that properly
manage their stormwater runoff; and,
WHEREAS, the Code of Virginia requires the establishment of a stormwater
fund to carry out the objectives of the stormwater program.
NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Isle
of Wight County Board of Supervisors that the Board hereby adopts a Non-
residential Stormwater Management Fee Credit Policy, which is attached
hereto as Exhibit A; and
BE IT FURTHER RESOLVED that the Board hereby establishes a
Stormwater Fund for Fiscal Year 2013-14 with the adoption of an operating
budget in the amount of $1,378,462; and
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.
The motion was adopted by a vote of (5-0) with Supervisors Bailey,
Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no
Supervisors voting against the motion.
18
Jamie Oliver, Transportation Planner, presented the draft VDOT
FY2015-20 Secondary Six-Year Transportation Improvements Plan.
Supervisor Alphin moved that staff be authorized to advertise a public
hearing for May 15, 2014 on the VDOT FY2015-20 Secondary Six-Year
Transportation Improvements Plan. The motion was adopted by a vote of (5-
0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in
favor of the motion and no Supervisors voting against the motion.
Judy H. Winslow, Director of Tourism, briefed the Board regarding a
County branding proposal. County Administrator Seward advised that the
two (2) proposals selected by the Board would be placed on the County’s
website for public vote and the winning proposal returned to the Board.
Matthew Smolnik, Assistant Director of Planning and Zoning, provided
and overview of the Benns Grant mixed use development proffer amendment.
Supervisor Darden moved that staff be authorized to advertise a public
hearing on the Benns Grant Mixed Use Development Proffer Amendment for
the May 15, 2014 meeting. The motion was adopted by a vote of (5-0) with
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of
the motion and no Supervisors voting against the motion.
OLD BUSINESS
There was no old business offered for discussion by the Board.
NEW BUSINESS
There was no new business offered for discussion by the Board.
INFORMATIONAL ITEMS
County Administrator Seward made reference to the following items
which were included in the Board’s agenda for its information:
Transportation Matters Update; Resolution of Appreciation Planning
Commission for Members Harold Blythe and James Minton, Jr.; Resolution
19
of Appreciation BZA for Rudolph Boone; Monthly Reports: and a
Delinquent Tax Information Report and Statement of Treasurer’s
Accountability.
At 9:00 p.m., Chairman Bailey moved that the Board adjourn its
meeting. The motion was adopted by a vote of (5-0) with Supervisors
Darden, Bailey, Hall, Alphin and Casteen voting in favor of the motion and
no Supervisors voting against the motion.
__________________________
Byron B. Bailey, Chairman
___________________________
Carey Mills Storm, Clerk
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 REGIONAL MEETINGS
Chamber of Commerce Supervisor Casteen
(Liaison/Ex‐Officio)
Franklin Intergovernmental Relations Committee Supervisor Alphin
Supervisor Darden
Hampton Roads Economic Development Alliance Chairman Bailey
Hampton Roads Transportation Planning Organization Supervisor Darden
Chairman Bailey (Alternate)
Hampton Roads Military and Federal Facilities Alliance Supervisor Darden
Hampton Roads Partnership Chairman Bailey
Hampton Roads Planning District Commission Supervisor Darden
Joint Tourism Committee Chairman Bailey
Supervisor Darden
Mayors and Chairs Caucus Chairman Bailey
Smithfield Intergovernmental Relations Committee Chairman Bailey
Supervisor Casteen
Supervisor Darden
Social Services Board Supervisor Casteen
Solid Waste Committee Supervisor Alphin
Supervisor Darden
Southeastern Public Service Authority Anne F. Seward
Mark C. Popovich
Southside Mayors and Chairs Chairman Bailey
Western Tidewater Regional Jail Authority Supervisor Alphin
Supervisor Jefferson
Western Tidewater Water Authority Supervisor Darden
Supervisor Casteen
Windsor Intergovernmental Relations Committee Supervisor Alphin
Supervisor Darden
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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
October 16, 2014/MCP/Introduction of Assistant County Attorney
ISSUE:
Introduction of New Assistant County Attorney
BACKGROUND:
The position of Assistant County Attorney has been vacant since
2011 when the then Assistant County Attorney was appointed by
the Board of Supervisors to the position of County Attorney.
BUDGETARY IMPACT:
None. The position salary was approved in the FY14-15 Operating
Budget.
RECOMMENDATION:
Welcome the new Assistant County Attorney to Isle of Wight
County.
ATTACHMENTS:
None
ISSUE:
2014 Isle of Wight County Fair Report
BACKGROUND:
The Isle of Wight County Fair is a tremendous undertaking and
could not be accomplished without the tireless work of the Isle of
Wight County Fair Committee, their volunteers, and the support of
various County Departments.
Despite the challenges faced by volunteers and staff related to the
weather, the 2014 Isle of Wight County Fair was a success. The
total attendance for the Fair was approximately 25,000 people.
Survey results for the Fair will be available for the Board to review
at their meeting.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Commend the Isle of Wight County Fair Committee, their
volunteers, and County support staff.
ATTACHMENTS:
Attendance Summary
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ISSUE:
Special Presentation – School Division Update
BACKGROUND:
The Superintendent of Public Schools, or her designee, will
provide a brief update to the Board regarding the school
division’s operations and activities.
RECOMMENDATION:
For the Board’s information.
ATTACHMENT:
None
ISSUE:
Special Presentation – VDOT Route 460 Project Update
BACKGROUND:
Ms. Megan O’Reilly, Public Affairs, U.S. Route 460 Corridor
Improvements Project, will provide a brief update to the Board
regarding the proposed Route 460 project.
RECOMMENDATION:
For the Board’s information.
ATTACHMENT:
None
Oct. 16, 2014/cbm/Special Presentation – County Profile and Statistical Digest
ISSUE:
Special Presentation - County Profile & Statistical Digest
BACKGROUND:
Charles Meek, Assistant to the County Administrator, will present the
Fiscal Year 2014-2015 County Profile and Statistical Digest. This report
will provide an overview of key statistics regarding county government,
demographics, the local economy, education, public safety, health &
welfare, and parks and recreation.
BUDGETARY IMPACT:
There is no budgetary impact.
RECOMMENDATION:
For the Board’s information.
ATTACHMENT:
Copies of the Fiscal Year 2014-2015 County Profile and Statistical
Digest will be provided to Board Members at the regular meeting on
October 16, 2014.
October 16, 2014/MCP/Petition and Order for Writ of Election
ISSUE:
Resolution to Authorize the County Attorney to Petition the
Circuit Court for a Determination That a Special Election Is Not
Necessary or Required to Fill the Commonwealth’s Attorney
Vacancy
BACKGROUND:
On September 23, 2014, the Commonwealth’s Attorney for Isle of
Wight County, Virginia, Mr. L. Wayne Farmer, submitted his
written intention to resign his position, effective November 20,
2014, as a result of his appointment as a Circuit Court Judge for
the Fifth Judicial Circuit. Section 24.2-228.1 of the Code of
Virginia (1950, as amended) requires that the local governing body
to petition the circuit court for a writ of election to fill a vacancy
in a constitutional office by special election.
The timing of this resignation precludes the holding of a special
election prior to the general election in November of this year. In
addition, due to other restrictions imposed by the Code of Virginia,
the time period in which such a special election could be held is
extremely limited and may result in holding an election for the
same office within an 11 month time period at a cost of $15,000 to
$18,000 each time.
BUDGETARY IMPACT:
Potential savings of $15,000 to $18,000.
RECOMMENDATION:
Adopt a resolution to petition the Circuit Court to dispense with
the need for a special election and simply allow the already
scheduled general election in November 2015 to determine Mr.
Farmer’s successor in office.
October 16, 2014/MCP/Petition and Order for Writ of Election
ATTACHMENTS:
Resolution/Proposed Petition and Order to the Circuit Court of
Isle of Wight County, Virginia
Resignation Letter from the Commonwealth’s Attorney
October 16, 2014/MCP/Amendments to Payment Agreement and Deed of Trust
ISSUE:
Motion to Authorize the Chairman and/or County Attorney to
Execute Any and All Documents to Effectuate Changes to the
Payment Agreement and Applicable Deed of Trust for Financing
Purposes Related to the Benns Grant Project, Upon Review and
Approval of the County Attorney
BACKGROUND:
On December 19, 2013, the Benns Grant project owners (the
“Owners”) entered into a Payment Agreement with Isle of Wight
County requiring their repayment of funds provided by the County
in order to proceed with development of the Benns Church
intersection, all in accordance with the relevant proffers, by
January 2019. That agreement was memorialized by a Deed of
Trust recorded in the Isle of Wight County Circuit Court Clerk’s
Office on April 10, 2014.
The Owners have now entered into a proposed Real Estate
Purchase Contract with East-West Partners for the sale of
approximately 142 acres of the overall project site for the
construction of 280 single-family homes and 40 townhomes. In
order to effectuate the sale of the property, the financial institution
providing East-West Partners with the funding necessary to close
on the property is requiring that, for purposes of the property to be
purchased, the current Deed of Trust and Payment Agreement be
amended to exclude the single-family/townhome portion of the
property. In its place with be the standard Deed of Trust applicable
to secure the proffer payments for each individual dwelling unit
that is standard in Isle of Wight County.
BUDGETARY IMPACT:
It is estimated that sale of homes/townhomes will result in proffer
and connection fee payments to the County, by the end of 2018, in
an amount of approximately $1.8M.
October 16, 2014/MCP/Amendments to Payment Agreement and Deed of Trust
RECOMMENDATION:
Adopt a Motion to Authorize the Chairman and/or County
Attorney to Execute Any and All Documents to Effectuate
Changes to the Payment Agreement and Applicable Deed of Trust
for Financing Purposes Related to the Benns Grant Project, Upon
Review and Approval of the County Attorney
ATTACHMENTS:
Draft Amendments to Payment Agreement and Deed of Trust
Oct. 16, 2014/jw/Staff Report – Citizen Survey Results
ISSUE:
Staff Report – Citizen Survey Results
BACKGROUND:
Judy Winslow, Director of Tourism, will present the results of the 2014
Citizen Survey. The Citizen Survey, which ran from August 25 through
October 6, 2014, was made available on the County’s website and at
various public buildings and facilities throughout the County. Over 300
surveys were completed by citizens.
BUDGETARY IMPACT:
There is no budgetary impact.
RECOMMENDATION:
For the Board’s information.
ATTACHMENT:
None
Oct. 16, 2014/cbm/BOS Retreat Summary and Growth Plan Feedback
ISSUE:
Staff Report – September Board of Supervisors Retreat Summary and
Growth Plan Feedback
BACKGROUND:
Staff will provide a synopsis of the September 19, 2014, Board of
Supervisors’ Retreat including the proposed Growth Plan for the Board’s
comment, feedback, and direction.
BUDGETARY IMPACT:
There is no budgetary impact.
RECOMMENDATION:
Per the Board’s discussion and direction.
ATTACHMENT:
None
ISSUE:
Resolution to Establish the Legislative Priority List for the 2015 Session
of the General Assembly
BACKGROUND:
At its regular meeting on September 19, 2014, staff provided the Board
with a brief synopsis of its legislative strategy and calendar noting
several milestones leading up to the 2015 Session of the General
Assembly.
Staff has revised the Legislative Priority List to reflect updated
information and a more streamlined approach to identifying those
legislative matters the Board deems to be priorities.
RECOMMENDATION:
Adopt a resolution to establish the County’s legislative priorities for the
2015 Session of the General Assembly.
ATTACHMENTS:
- Resolution
- Draft 2015 Legislative Priority List
October 16, 2014
RESOLUTION ESTABLISHING ISLE OF WIGHT COUNTY'S
LEGISLATIVE PRIORITIES FOR THE
2015 SESSION OF THE GENERAL ASSEMBLY
WHEREAS, the General Assembly considers numerous issues that
affect local governments both directly and indirectly; and,
WHEREAS, the County of Isle of Wight has specific interest in matters
dealing generally with local governments, as well as with matters directly
impacting the County of Isle of Wight; and,
WHEREAS, such interest should be shared with Isle of Wight County's
General Assembly Delegation so that it may know of the County's position on
these important issues.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight endorses the attached
legislative proposals for the 2015 General Assembly Session and directs that
both this resolution and the legislative priorities be forwarded to Isle of Wight
County's General Assembly Delegation and that staff work with and assist the
Delegation as appropriate.
Adopted this 16th day of October, 2015.
Byron B. Bailey, Chairman
Carey Mills Storm, Clerk
Approved as to form:
Mark C. Popovich, County Attorney
2015 LEGISLATIVE PRIORITY LIST
LOCAL FUNDING ISSUES
Taxing Powers in Counties
Funding for Federal Inmates
Unfunded Teacher Pension Liability
Education
Unfunded Mandates
OTHER IMPORTANT LEGISLATIVE MATTERS
Inequities in Authority Granted to Cities and Towns vs. Counties
HRTAC Appointees
DEQ Regulation/Reduction of Groundwater Withdrawals
LOCAL FUNDING ISSUES
The following issues were identified by the Board of Supervisors of the County of
Isle of Wight as high priority legislative matters that have a direct impact on the
County’s revenues.
The General Assembly’s favorable consideration of the County’s positions is
requested.
TAXING POWERS
ISSUE:
Under the current provisions of the State Code, most counties in the Commonwealth do
not have the same taxing power as cities. Even though the demands for services,
projects, and programs are often identical, counties are restricted from the utilization of
these “other local” revenue sources. Such a restriction places an undue emphasis and
burden on other available local revenue methods within the County, such as the real
estate and personal property taxes.
There are also inequities among counties with regard to taxing powers. All cities and
specifically noted counties have been authorized through provisions of the State Code
to levy local taxes on the sale of food and beverages, and cigarettes, and admissions to
certain events; however, most counties are not afforded the flexibility to take advantage
of these “other local” revenue sources. Additionally, lower cap rates have been imposed
for counties in the imposition of certain local tax revenue sources such as meals tax
(4%), transient occupancy tax (2%), and admissions tax (10%).
Examples include:
Meals Tax
Counties are restricted in their authority to levy a meals tax on food and beverages
unless the tax is approved in a voter referendum (§58.1-3833) except for those
counties who have been exempted. Cities and Towns do not need to have a
referendum when deciding to impose the meals tax.
Counties are restricted in their authority to levy the meals tax within the limits of
an incorporated town unless the town grants the county authority to do so (§58.1-
3711). Cities and Towns are granted the authority to levy the tax under the
“general taxing powers” found in their charters (§58.1-3840).
Counties are restricted from imposing a meals tax in excess of 4%. Cities and
Towns may exceed this threshold.
Transient Occupancy Tax
Counties may only levy a transient occupancy tax with a maximum tax rate of 2%
except Counties specified in Section 58.1-3819. Counties included in this section
may increase their lodging tax to 5%; however, the portion of the tax collections
exceeding 2% must be used by the County for tourism. Some Counties are
allowed to charge an additional $2 per room per night with proceeds going to
tourism advertisements. There does not appear to be any limit on the lodging tax
rate that can be imposed by cities and towns.
Counties are restricted in their authority to levy the lodging tax within the limits
of an incorporated town unless the Town grants the County authority to do so
(§58.1-3711).
Tobacco Taxes
Counties are not granted the authority to tax tobacco products. Two counties
(Fairfax and Arlington) have been granted this authority. Cities and Towns may
levy the tax per general taxing powers found in their charters (§58.1-3840). Isle
of Wight County has been denied this authority even though portions of the
county are surrounded by cities and towns that levy taxes on tobacco products.
Admissions Tax
Thirteen counties have been granted permission to levy an admissions tax at a
rate not to exceed 10% of the amount of charge for admissions. Cities and towns
are granted the authority to levy the admissions tax under the general taxing
powers found in their charters (§58.1-3818).
COUNTY POSITION:
The General Assembly should adopt legislation that would provide counties the same
power as provided to cities relative to taxation without referendum. Counties should
be treated equally with regard to the ability to levy those taxes allowed by the State
Code. This would provide greater flexibility in the generation of local revenues.
Additionally, Isle of Wight County supports county government representation on all
study or legislative commissions that impact local government revenues or services.
FUNDING FOR FEDERAL INMATES
ISSUE:
In 1999, the Western Tidewater Regional Jail Authority (WTRJA) added a 180 bed
housing unit onto its jail facility for the purpose of housing additional Federal
inmates. Funding for the 180 bed addition was provided by the member localities of
WTRJA and a Cooperative Agreement Program funds from the United States
Marshals Service.
In 2005, language was added to the State’s Budget Bill which allows the State to
recover a large portion of the revenues received for holding Federal inmates, even
though the State did not provide any funds for the construction of the addition or for
staffing the housing unit.
In the 2012 General Assembly Session, the WTRJA received a partial exemption
from the State’s Federal Overhead Recovery language in the Budget Bill which
prevented the State from taking any revenue for the first 76 Federal inmates;
however, Isle of Wight County believes WTRJA is entitled to a full exemption with
no cap on the number of inmates.
COUNTY POSITION:
Isle of Wight County is requesting the General Assembly adopt legislation to provide
a full exemption to the Western Tidewater Regional Jail Authority from the State’s
Federal Overhead Recovery language in the Budget Bill.
UNFUNDED TEACHER PENSION LIABILITY
ISSUE:
Currently, local governments and the State share responsibility for paying the cost of
teacher pensions, but under Government Accounting Standards Board (GASB)
Statement No. 68, Virginia localities will have to account for State and local
unfunded liabilities for teacher retirement plans on their FY15 financial statements.
The impending shift in financial liability will negatively impact the credit ratings of
local governments. The downgrading of local governments by the rating agencies
would be devastating relative to the cost of debt and the ability of local governments
to secure debt.
COUNTY POSITION:
The County of Isle of Wight urges the General Assembly to adopt legislation to avoid
this liability shift by paying its share of teacher pension contributions directly to the
Virginia Retirement System (VRS). This would demonstrate to the credit rating
agencies and local governments that the State is committed to paying its fair share of
unfunded teacher pension liabilities. It would also better protect the bond ratings of
Virginia’s localities by more accurately reflecting the local share of the unfunded
liability.
EDUCATION FUNDING
ISSUE:
The Joint Legislative Audit and Review Commission (JLARC) has previously
produced reports relative to state and local funding of the Standard of Quality (SOQ)
for primary and secondary education in Virginia. The JLARC report identified seven
(7) primary findings. They are:
Localities have valid reasons to be concerned about education funding
The Board of Education needs to re-examine the Standards of Quality
Changes to the SOQ raise questions as to whether the State’s cost estimates are
current and/or realistic in relation to educational practice
Adjustments in the amount of approximately $1.06 billion should be considered
to make the cost estimates for FY2003 and FY2004 more accurate
The Virginia Department of Education needs to ensure that all localities are
providing sufficient resources to meet SOQ requirements
There are a variety of actions the State could pursue to enhance its support of
elementary and secondary education beyond the full costs of the SOQ
The current framework for determination of the state and local share
responsibilities for education appears to be compatible with the constitutional
provisions.
It is essential for the state to fund fully its constitutional responsibilities and all
mandates associated with K-12 public education. The State is encouraged to expand
the SOQ to better recognize localities funding efforts towards local school divisions.
Full state funding should be achieved without reduction to other parts of state public
education budgets or to the other core services. Should state general funding
diminish, local autonomy should be increased and state education mandates reduced.
COUNTY POSITION:
Isle of Wight County supports full funding for Virginia’s Standards of Quality
(SOQ), targeted incentive programs, capital and maintenance support and teacher
salaries.
UNFUNDED MANDATES
ISSUE:
Unfunded mandates placed on localities by the State have detrimentally affected
local taxes imposed and the ability of local governments to address local needs and
priorities.
There are many programs required by the State to be implemented at the local level.
Several of these programs are inadequately funded or not funded at all by the State.
Unfunded mandates place a financial burden on localities to implement those
programs. The problem is further exacerbated when existing funding from the State
to provide programs is unexpectedly reduced or eliminated, but the requirement to
provide the program still exists.
When funding for a mandated program is altered, the mandate should be suspended
until full funding is restored. When legislation with a cost to localities is passed by
the General Assembly, the cost should be borne by the Commonwealth, and the
legislation should contain a sunset clause providing that the mandate is not binding
on localities until funding by the Commonwealth is provided.
For example:
The General Assembly has previously adopted legislation mandating that local
governments fund the Line of Duty Act (LODA) as a means of providing
public safety personnel with death or disability benefits resulting from the
performance of their duties.
Local governments had no input into the design of the LODA program, but are
required to fund the program now that cost have exceeded what the State wants
to pay for. This unfunded mandate will create an estimated cost of $67,000
to Isle of Wight County.
Per the provisions of Section 3.2-6553 of the Code of Virginia, Isle of Wight
County was required to compensate a citizen $11,400 for livestock killed by
wild dogs. No funding was provided for this requirement, nor is there a
mechanism for reimbursement from the State.
COUNTY POSITION:
The County requests that the General Assembly adequately fund the State's share for
required programs that must be implemented at the local level and/or eliminate the
service requirement of the mandate.
OTHER IMPORANT LEGISLATIVE MATTERS
The Board of Supervisors of the County of Isle of Wight has identified several issues
that are very important to its constituent population. These legislative issues
represent the County’s high priorities relative to requested action during the 2015
General Assembly Session.
Patronage and support is requested for each of these important items.
INEQUITIES IN AUTHORITY GRANTED TO CITIES AND TOWNS
VS. COUNTIES
ISSUE:
The Code of Virginia, Section 15.2–1427 requires that, in counties, except as
otherwise authorized by law, no ordinance shall be passed until after descriptive
notice of an intention to propose the ordinance for passage has been published once
a week for two successive weeks prior to its passage in a newspaper having a general
circulation in the county. The second publication shall not be sooner than one
calendar week after the first publication. The publication shall include a statement
either that the publication contains the full text of the ordinance or that a copy of the
full text of the ordinance is on file in the clerk's office of the circuit court of the county
or in the office of the county administrator. Cities and Towns do not have the same
requirements.
Section 22.1-93 of the Code of Virginia requires that the governing body of a county
shall prepare and approve an annual budget for educational purposes by May first
or within thirty days of the receipt by the county of the estimates of state funds,
whichever shall later occur, and the governing body of a municipality shall prepare
and approve an annual budget for educational purposes by May fifteen or within
thirty days of the receipt by the municipality of the estimates of state funds, whichever
shall later occur.
COUNTY POSITION:
Isle of Wight County is requesting the General Assembly adopt legislation that would
amend §15.2-1427 and §22.1-93 of the Code of Virginia to give counties the same
authority, flexibility, and time to address policy and budget matters as is given to
cities and towns.
HAMPTON ROADS TRANSPORTATION
ACCOUNTABILITY COMMISSION
ISSUE:
Under the current provisions of Section 33.2-2600 of the State Code, the composition
of the Hampton Roads Transportation Accountability Commission includes the chief
elected officer of the governing body of each of the 14 counties and cities embraced
by the Commission.
Isle of Wight County has a healthy tradition of rotating its chairmanship on an annual
basis. The current provisions of the State Code will negate the County’s ability to
maintain continuity relative to its representation on HRTAC and continue its
tradition of electing a new Chairman each year.
COUNTY POSITION:
The General Assembly should adopt legislation that would amend Section 33.2-2600
of the Code of Virginia to allow the HRTAC to be composed of the chief elected
officer of or his/her designee from the governing body of each of the 14 counties and
cities embraced by the Commission.
DEQ REGULATION/REDUCTION OF
GROUND WATER WITHDRAWALS
ISSUE:
Groundwater is a vital resource to the localities, industries and agricultural operations
in the Eastern Virginia Groundwater Management Area. Water users and water
providers in Eastern Virginia are all vested in ensuring that our groundwater is
managed sustainably and used responsibly. This has been evidenced by the
conservation measures and long term planning and publicly funded capital
improvements implemented in the region, both at individual facilities and through
collaborative efforts. There is recognition that further action will be needed to
protect the groundwater resource for future use.
DEQ has met with the fourteen largest water withdrawers in the Eastern Virginia
Groundwater Management Area and is proposing dramatic cuts in permitted
withdrawals for which many communities have previously invested public funds to
secure for their current and future use.
COUNTY POSITION:
Isle of Wight County is opposed to any dramatic cuts in permitted water withdrawals
prior to gathering information via a study that examines the impact of said cuts on
the environment, the fourteen largest water withdrawers, and residential and
economic development growth within Isle of Wight County and the Hampton Roads
region.
Additionally, the County opposes the issuance of any new permits issued for
additional withdrawals based on reduction notices to current permit holders.
October 16, 2014/fah/SPSA Post 2018
ISSUE:
Staff Report – Southeastern Public Service Authority (SPSA) – Post 2018
Update
BACKGROUND:
Isle of Wight County is one of eight member jurisdictions that form the
Southeastern Public Service Authority (SPSA). The current Use and Support
Agreement that governs waste disposal for SPSA will end on January 24, 2018.
SPSA is currently developing strategies for handling waste disposal after the
agreement ends to determine the future costs for solid waste disposal and
define the terms for a new Use and Support Agreement amongst the member
jurisdictions.
Staff will provide a brief presentation regarding the upcoming timeline of
events provided by SPSA for the development of the new Use and Support
Agreement.
BUDGET IMPACT:
None.
RECOMMENDATIONS:
For the Board’s information.
ATTACHMENT:
SPSA Dynamic Timeline for Waste Disposal Decision Post 2018
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October 16, 2014/fah/VDOT Acquisition of County Property
ISSUE:
Staff Report – Property Acquisition in Support of Carrsville Bridge
Replacement
BACKGROUND:
The Virginia Department of Transportation (VDOT) has developed plans to
replace the Carrsville Highway Bridge over Old Myrtle Road due to structural
deficiencies. The proposed improvements include the acquisition of County
property to support the improvements to the bridge and the addition of new
utility easements for the relocation of existing power and communication lines.
This project will impact County-owned property used as a refuse convenience
center for local residents. The Carrsville Convenience Center property is
located northwest of and adjacent to the Carrsville Volunteer Fire Department.
VDOT has submitted and County Staff has reviewed the preliminary
construction drawings and easement agreements for the project. The
construction drawings depict a proposed exclusive easement through the
Carrsville Convenience Center, specifically where the recycling operations
currently reside. The easement agreements require clear access within the
easement. In order to accommodate this request, the recycling operations will
need to be relocated to another area at the site. This relocation effort should
include site design, grading, drainage structures, paved access roads and
concrete or stone base areas to accommodate the recycling containers, an
attendant building, and hazardous waste materials. In addition to the relocation
of the operations, County vehicles will need access within the proposed
easement to remove solid waste from the site. These cost should be the
responsibility of the requesting party.
Staff will provide a presentation to inform the Board of the impacts to County
Property.
BUDGET IMPACT:
None.
October 16, 2014/fah/VDOT Acquisition of County Property
RECOMMENDATION:
Motion to authorize staff to negotiate with VDOT to provide for the necessary
improvements to the Carrsville convenience center due to the bridge
replacement project and to authorize the County Administrator to execute all
necessary documents, agreements and contracts.
ATTACHMENT:
- Project Description
- Project Overview
ISSUE:
Resolution to Amend Chapter 1: Personnel, Article IV, Section 4.8
Article V, Section 5.0 of the County Policy Manual
BACKGROUND:
Chapter 1: Personnel, Article IV, Section 4.8 and Article V, Sections
5.0 and 5.3 of the County Policy Manual currently describes the
definition of the types of employees and defines the hours worked by
part-time employees, the duration of temporary part-time employment,
and the increments in which leave may be charged for absences. The
amendments to the policy’s wording are necessary in order to provide
for the consistent administration of scheduling and monitoring of hours
worked and leave accrual and usage across County departments.
BUDGETARY IMPACT:
There is no anticipated budgetary impact of this amendment.
RECOMMENDATION:
Adopt a Resolution to Amend Chapter 1: Personnel, Article IV,
Section 4.8 and Article V, Sections 5.0 and 5.3 of the County
Policy Manual
ATTACHMENTS:
Resolution
RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE IV,
SECTIONS 4.8 AND ARTICLE V, SECTIONS 5.0 AND 5.3 OF THE
COUNTY POLICY MANUAL
WHEREAS, the County has established guidelines for the definition of
the types of employees, the maximum hours that may be worked by regular,
part-time employees, the duration of temporary part-time employment, and the
increment(s) in which leave may be charged for absences, as part of Chapter
1: Personnel, Article IV, Section 4.8 and Article V, Sections 5.0 and 5.3 of the
County Policy Manual; and,
WHEREAS, the Board of Supervisors desires to amend Chapter 1:
Personnel, Article IV, Section 4.8 and Article V, Sections 5.0 and 5.3 of the
County Policy Manual to provide for the consistent administration of
scheduling and monitoring of hours worked and leave accrual and usage across
County departments.
NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel,
Article IV, Section 4.8 and Article V, Sections 5.0 and 5.3 of the County Policy
Manual is hereby amended as follows:
Chapter 1: Personnel
ARTICLE IV
Conditions of Employment
(Revised November 6, 2000, April 7, 2005, December 15, 2005,
February 2, 2006, October 16, 2006, March 1, 2007, June 14, 2007, October 16,
2014)
Section 4.8
(Revised February 2, 2006, October 16, 2014)
Types of Employees
Regular Full-Time Employees
Those employees who are hired for an indefinite period of time without a
stated limitation as to length of service and who are employed to work forty
(40) hours per week or its equivalency.
Regular Part-Time Employees
Those part-time employees who are hired for an indefinite period of time, in
excess of one (1) year six (6) months, without a stated limitation as to length
of service (other than continuation of program, position need and/or funding)
and who are employed to work a regular schedule of thirty (30) twenty-nine
(29) hours per week or less.
Temporary Full-Time Employees
Those employees who are hired for a stated length of service, season or
project and who are employed to work forty (40) hours per week or its
equivalency.
Temporary Part-Time Employees
Those part-time employees who are hired for less than one year six (6)
months with a stated length of service, season or project and who are
employed to work thirty (30) thirty-nine 39 hours per week or less.
Grant-Funded Employees
Those employees who are hired for a stated length of service, season or
project and who are employed to work the number of hours stated in the
grant application. Grant-funded personnel are not eligible to participate in
the County’s monetary fringe benefits unless specified and funded through
the grant.
ARTICLE V
Leave Provisions
(Revised September 1, 2005, December 15, 2005, February 2, 2006,
April 5, 2007; October 2, 2008; January 8, 2009; June 19, 2014, October 16,
2014)
Section 5.0
(Revised September 1, 2005, October 16, 2014)
Annual Leave
All regular full-time employees of Isle of Wight County shall accrue annual
leave based on an eight (8) hour work day. All regular, part-time employees
with regularly scheduled hours between twenty (20)-30 to twenty-nine (29)
per week shall accrue annual leave at a rate of four (4) hours per month.
Leave shall be charged to the nearest quarter-hour increment. Eligible
employees separating from County employment shall be compensated for
unused annual leave in the subsequent pay period after termination.
Section 5.3
(Revised December 19, 2013; September 1, 2005; October 16, 2014)
Sick Leave
Sick leave is defined as leave with pay granted for personal illness of the
employee or an immediate family member and for medical and dental
appointments of the employee or immediate family member. For purposes
of this sick leave policy, the immediate family of an employee is defined as:
natural parents, adoptive parents, foster parents, step-parents; spouse;
natural, adopted or foster children; brother, sister, father-in-law, mother-in-
law, brother-in-law, sister-in-law, son-in-law, daughter-in-law; grandchildren
and grandparents.
A physician’s certification/statement may be requested to validate sick leave
when there is a pattern of absenteeism, if there is an indication that the
employee’s physical condition is adversely affecting performance, or for an
absence of three (3) or more consecutive days. Leave usage will be charged
in half quarter-hour increments.
Accrual Rates
Regular, full-time employees who are Plan 1 or Plan 2 Virginia
Retirement System (VRS) members: Sick leave is accrued at a rate of
eight (8) hours per month (four (4) hours per pay period worked). Employees
must work more than half of the workdays per pay period in order to accrue
sick leave for that pay period. Sick leave balances may be carried over from
year to year and shall be unlimited.
Regular, full-time employees who are Hybrid Virginia Retirement
System (VRS) members: Six (6) days of sick leave is front-loaded on an
employee’s first work day, subject to proration for service less than the full
fiscal year. Employees may draw from their credited sick leave following the
completion of one day’s service. On January 1st each year, employees in
this category will accrue six (6) additional days of sick leave earning a total
of twelve (12) days of sick leave each fiscal year. On June 30th each year,
a payout of fifty percent (50%) of the sick leave balance will be granted as a
wellness incentive. In the event of termination prior to the completion of the
fiscal year, salary for any leave which was taken in excess of days actually
earned will be withheld from the final payroll check.
Regular (non-temporary) part-time employees who work a schedule of
20 – 29 hours per week will accrue sick leave at a rate of four (4) hours per
month.
Adopted this 16th day of October, 2014.
Byron B. Bailey, Chairman
__________________________
Carey Mills Storm, Clerk
Approved as to Form:
Mark C. Popovich, County Attorney
ISSUE:
Staff Report – Fire & Rescue Facility Agreements Update
BACKGROUND:
At its regular meeting on May 15, 2014, the Board authorized the County
Administrator to enter into a Facilities Use Agreement with each of the
County’s volunteer fire and rescue agencies.
Staff will provide an update as to the status of the Facilities Use
Agreements.
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS:
None
October 16, 2014
ISSUE:
Adopt a Motion to Designate the County’s Voting Delegate and
Alternate for the VACo Annual Meeting
BACKGROUND:
The 2014 Annual Business Meeting of the Virginia Association of
Counties (VACo) will be held on November 11, 2014 at The Homestead
in Bath County, Virginia. In order to vote, a County must have paid its
membership dues in full, and must submit a completed Voting
Credentials Form or a Proxy Statement to VACo by November 1, 2014.
The required information may also be presented to the Credentials
Committee at its meeting on November 10, 2014 or to the conference
registration desk before the meeting.
RECOMMENDATION:
Adopt a motion to designate the County’s Voting Delegate and Alternate
Delegate authorized to vote at the VACo Annual Business Meeting.
ATTACHMENTS:
VACo 2014 Annual Meeting Voting Credentials Form
Correspondence from VACo
October 16, 2014
October 16, 2014/RMC
ISSUE:
Motion to Request Realignment of the Proposed Atlantic Coast
Pipeline
BACKGROUND:
On Tuesday, September 2, 2104, Governor McAuliffe announced plans
for the Atlantic Coast Pipeline - a new natural gas pipeline that will
increase natural gas capacity in Virginia, including Hampton Roads.
The pipeline will include:
A 550-mile long, 400 foot wide route running from Harrison
County, WV, through VA and into Robeson County, NC with a
spur heading east to Chesapeake;
Impacts to ten VA counties including Highland, Augusta, Nelson,
Buckingham, Cumberland, Prince Edward, Nottoway, Dinwiddie
Brunswick, and Greensville;
A Chesapeake spur that will pass through Greensville,
Southampton, Suffolk, and Chesapeake;
Initial capacity of 1.5 billion cubic feet per day with a potential
for increasing the capacity up to around 2 billion cubic feet per
day;
A 42-inch diameter pipe in VA with a 20-inch pipe along the
Hampton Roads spur;
Three planned compressor stations; and
A range of normal operating pressure from 750 pounds per
square inch gauge (psig) to 1,440 psig, the maximum allowable
operating pressure.
Dominion Resources, Inc. has partnered with Duke Energy, Piedmont
Natural Gas, and AGL Resources to complete the project. The
tentative timeline for the project is as follows:
October 16, 2014/RMC
Landowners along the route were notified that survey work will
be tentatively completed by the end of 2014;
Construction is scheduled to begin in 2017 provided all
applications and permits (state and local) are granted; and
Anticipated delivery of service date is as early as late 2018.
Seventy percent of impacted landowners have given authority for the
survey work, which has helped determine the final recommended route.
Efforts are being made to determine the best route with the least impact
to the environment, historic, and cultural resources.
County staff and officials met with Max Bartholemew, Manager of
Regional, State, and Local Affairs for Dominion Virginia Power, in
mid-September to discuss the project timeline and its impacts to the
County. Staff identified the following potential impacts:
The new gas line has the ability to increase economic
development opportunities throughout the County by increasing
access to natural gas which is tightly constrained in the area.
Opportunities to build a spur from the mainline may exist, but
costs and the process need to be determined.
Virginia and Hampton Roads will have access to additional
supplies of clean, low-priced natural gas for homes, businesses,
manufacturers, and power generators.
Isle of Wight County will have an opportunity to attract more
diverse industry sectors with increased gas capacity.
In order to better position the County to access the capacity and
promote economic development in the Shirley T. Holland
Intermodal Park, the County should request realignment of the
current route of the eastern spur/lateral. Staff recommends
moving the Hampton Roads lateral route north, thus making it
more closely align with US Route 460, the center of the County’s
economic development activity.
October 16, 2014/RMC
RECOMMENDATION:
Adopt a motion to authorize the Chairman to sign a letter to Dominion
Resources requesting a realignment of the proposed Atlantic Coast
Pipeline route to serve the Shirley T. Holland Intermodal Park and the
Norfolk Southern property, as well as surrounding areas.
ATTACHMENTS:
- Draft Correspondence from the Chairman to Dominion Resources
- Map of the Proposed Atlantic Coast Pipeline
- Press Release regarding the Proposed Atlantic Coast Pipeline
October 17, 2014
C. Max Bartholomew, Jr.
Manager Regional, State, & Local Affairs
Virginia State & Local Affairs
Dominion Virginia Power
4901 Princess Anne Road
Virginia Beach, Virginia 23462
Dear Mr. Bartholomew:
Thank you for taking the time to meet and discuss the Atlantic Coast Pipeline project with County
staff and officials. The County looks forward to working with Virginia Dominion Power and its
partners to support the development of this natural gas pipeline. This much needed project will
help improve accessibility to natural gas and create opportunities for economic development and
job creation in the region and state.
The Atlantic Coast Pipeline project is of critical importance to the County’s ability to market and
facilitate the development of the Shirley T. Holland Intermodal Park, a 1,500-acre, publicly-owned
and master-planned Intermodal Park, along Route 460 near the Town of Windsor. The Shirley T.
Holland Intermodal Park is designed for light to moderate industrial uses, such as warehousing
and distribution operations and technology-driven manufacturing. The property is located in
Foreign Trade Zone #20 and is within a Virginia Enterprise Zone. To date, over $260 million in
private investment and 760 jobs have been created in the Shirley T. Holland Intermodal Park which
is home to the 1.1 million square foot Cost Plus World Market Distribution Center, the 329,000
square foot Keurig Green Mountain coffee manufacturing facility, and the 302,000 square foot
Safco Products office products distribution facility.
Along with the County-owned intermodal park, the County has partnered with the Norfolk
Southern Corporation, which owns 1,700 acres adjacent to the intermodal park for a total of 3,200
acres, to market the properties as a mega-site for economic development. The intermodal park
has a number of strategic advantages that make it attractive to economic development prospects
including its close proximity (45 minutes) to I-95 and I-85, APM Terminals and The Port of
Virginia’s Portsmouth and Norfolk terminals (35 miles), and rail service provided by Norfolk
Southern. The Shirley T. Holland Intermodal Park has received considerable interest and been a
finalist for a number of economic development prospects in recent years. The availability of
natural gas supply, however, has been a limiting factor for prospects that have short-listed
or considered the County for their projects.
In order to improve the development potential of the Shirley T. Holland Intermodal Park, increase
the number of potential large gas customers, and benefit the local, regional, and state economy,
the County would like to request that consideration be given to adjusting the alignment of
the proposed Atlantic Coast Pipeline’s eastern spur/lateral and increasing the size of the
eastern spur/lateral for future service to ensure sufficient capacity for development along the
corridor. The current alignment does not run through Isle of Wight County and a connection
to the proposed pipeline from the Shirley T. Holland Intermodal Park could be cost
prohibitive. Specifically, the County would like to request the realignment of the eastbound route
north (beginning the spur near the “270” map point in Brunswick County), which would bring the
route closer to the Shirley T. Holland Intermodal Park along US Route 460.
The delivery of an increased natural gas supply via the Atlantic Coast Pipeline together with the
County and Norfolk Southern’s intermodal park properties could deliver significant economic
benefits to the Commonwealth, Hampton Roads region, and Isle of Wight County as well as
Dominion Virginia Power. The County would greatly appreciate Dominion Virginia Power and its
partners’ serious consideration of our request to realign the eastern spur of the Atlantic Coast
Pipeline.
Please do not hesitate to contact me if you have any questions.
Sincerely,
Byron B. Bailey
Chairman
Board of Supervisors
cc: The Honorable Board of Supervisors
Anne Seward, County Administrator
Mark Popovich, County Attorney
Amy Ring, Interim Director/Business Development Manager, Economic Development
Martin J. Briley, President & CEO, Virginia Economic Development Partnership
Dr. Robert E. Martinez, Vice President, Business Development, Norfolk Southern Corporation
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: Tax Levies & Collections as of September 2014,
Cash Position, and Treasurer’s Accountability
2. VDOT Route 460 Environmental Impact Statement Public Hearings
3. Tyler’ Beach Dredging Update
4. Town of Windsor Water Bill Update
5. Sheriff’s Monthly Activity Report – September 2014
6. County Website Statistics – September 2014
7. Charter Cable Rate Adjustment
8. Social Services Monthly Report – July 2014
9. Letter from the Chairman to the Western Tidewater Regional Jail
10. Stormwater Management Fee Credit Manual and Application
RELEASE: IMMEDIATE Sept. 22, 2014
CONTACT: Susan Clizbe / 757-334-0404
susan.clizbe@vdot.virginia.gov
VDOT, FHWA & U.S. ARMY CORPS OF ENGINEERS SIGN
ENVIRONMENTAL DOCUMENTS ON ROUTE 460 PROJECT IN
SOUTHEASTERN VIRGINIA
Public hearings to be held in October, official comment period starts today
The Virginia Department of Transportation (VDOT), the Federal Highway Administration (FHWA) and
the U.S. Army Corps of Engineers (USACE) have signed the Draft Supplemental Environmental Impact
Statement (SEIS) on the Route 460 Corridor Improvements Project in Southeastern Virginia.
The Draft SEIS evaluates potential social, economic and environmental impacts of five alternatives to
improve transportation on the U.S. Route 460 corridor, stretching 55-miles from Suffolk to Petersburg.
The purpose of the project is to improve transportation and safety, provide a faster hurricane evacuation
route, enhance movement for trucks coming from the Port of Virginia, improve connectivity for the
military and create job and economic opportunities on the corridor.
The Draft SEIS evaluated the following five alternatives as well as a no-build alternative.
Alternative 1: A four-lane divided road that runs south of the existing U.S. Route 460
and could be tolled.
Alternative 2: A four-lane divided road that runs along the existing U.S. Route 460, with
six bypasses around the existing towns. The bypasses could be tolled or not tolled.
Alternative 3: A four-lane divided road that runs north of the existing U.S. Route 460
and could be tolled.
Alternative 4: A four-lane road along the existing U.S. Route 460 with improvements to
meet standards for medians, shoulders and intersections.
Alternative 5: An eight-lane road along the existing corridor with an expressway in the
center, bypasses at the towns, and local access roadway to the outside. The expressway
could be tolled or not tolled.
A map of the alternatives can be found at http://route460.org/current_work.asp
Public hearings on the Draft SEIS will be held at the following locations:
Monday October 27, 5-8 p.m., Windsor High School, Windsor
Wednesday October 29, 5-8 p.m., The Wakefield Foundation, Wakefield
Thursday October 30, 5-8 p.m., J.E.J. Moore Middle School, Disputanta
If you are unable to attend a meeting, you can view or download all materials from the project website:
www.route460.org/SEIS.
Public comments can be submitted at the hearings, or by mail or email.
Mail: Angel Deem, Environmental Division, 1401 E. Broad Street, Richmond, VA 23219
Email: Route460SEIS@VDOT.Virginia.gov
Public comments will be taken through Nov. 17, 2014
What’s next:
A decision on a preferred alternative is anticipated by early 2015.
Work on the Final SEIS will begin and include documentation of the preferred alternative
and responses to comments received on the Draft SEIS.
The Final SEIS would be published followed by FHWA’s issuance of a Record of
Decision on the location of the preferred alternative and USACE’s issuance of a permit
decision.
END
memo
To: Anne Seward, County Administrator
From: Mark Furlo, Director of Parks and Recreation
Date: 10/6/2014
Re: Tyler’s Beach Dredging
The Army Corp of Engineers has received permission to place dredge spoils
at the Tribell Shoal placement site in the James River. This will be don
utilizing 100% Federal Funds. Thus alleviating the County’s cost share for
this initial dredging and the need to get easements in place from land
owners for the placement of the temporary pipeline.
The Corp of Engineers will be looking for the County to continue working
towards the goal of have an uplands placement site that we can pump
dredge spoils to for regular maintenance (approximately every ten (10)
years). The County’s cost share for the construction of site will be 10% of
the total project cost (currently estimated at $900,000) up front and
additional 10% over 30 years. The second of which can be offset by any
costs the County incurs in obtaining the easements (fee simple easement
would be ideal). The County currently has $80,000 in the Capital Budget
for the project.
The two projects will move concurrently and they anticipate the initial
dredge will be completed by August 2015 and the construction of the
upland placement site will begin around October 2015 at which time the
County’s 10% will be due.
From: Guerra, Karen L NAO <Karen.L.Guerra@usace.army.mil>
Sent: Tuesday, September 23, 2014 3:02 PM
To: Mark Furlo
Cc: Anderson, Michael L NAO; Stamper, Douglas H NAO
Subject: Tylers Beach path forward
Mark,
Thank you for taking the time to come by the District today to discuss the path forward for this
project. The following is a summary of what we discussed. Please provide your concurrence.
First, the project will be dredged utilizing 100% Federal funds that were authorized after
Sandy. This project will be conducted utilizing the current Local Cost Share Agreement (LCA)
that is in place. This project will require a modified permit in order to dredge via mechanical
dredge and place the material overboard at Tribell Shoal in the James River.
I will keep you up to date on this process as we meet the milestones. You may also participate in
the local stakeholder meeting that we will hold prior to award as well as the pre construction
meeting that we will hold after award. This will have the project schedule as follows:
MILESTONE DATE
Permits Complete 01MAR15
Plans & Specs Survey 10DEC14
90% Plans & Specs 16FEB15
Internal Government Estimate 16FEB15
ITR and BCOE Complete 23FEB15
Real Estate Certification for dredging Complete 02MAR15
RTA 02MAR15
Pre-Solicitation 23MAR15
Advertise Contract 30MAR15
Bid Opening 04MAY15
Contract Award 25MAY15
NTP Issued 15JUN15
Construction Complete 17AUG15
Concurrently, we will continue to address the policy issues for the new Project Partnership
Agreement (PPA) to include the cost share and to attain the Lands, Easements, and Rights of Way
for the upland placement site. I am currently estimating that the process of addressing the policy
issues will take approximately 8 months (June 2015), at which time, we will begin working toward
a mutually agreed upon PPA. It is expected that once we have the cost share in place, that Local
Sponsor funds (10% of the cost) will be available around OCT2015 for construction to begin
promptly after that. The Local Sponsor responsibility is 10% of the initial cost and an additional
10% over the course of 30 years, minus any money spent on obtaining the LERs.
Moving forward with the new PPA and constructing the upland placement site while the project
currently has momentum will help ensure the viability of this project in the future for regular
maintenance as well as urgent dredging after a storm.
Thank you,
Karen
Karen L. Guerra, P.E.
Civil Engineer, Design Section
Operations Branch, Norfolk District
757.201.7063
MEMORANDUM
TO: Anne Seward, File
FROM: Frank Haltom, P.E., Director of General Services
SUBJECT: County Water System Leak in Windsor ‐ UPDATE
DATE: October 6, 2014
__________________________________________________________________________
At the Board’s regular meeting in August 2014, a motion was adopted that authorized the
Chairman to sign a letter to the Town of Windsor from the County requesting the Town to
reconsider a credit to the County’s water bill given the circumstances and the significant added
financial burden to the County.
The Windsor Town Council discuss the request at its regular meeting on September 9, 2014.
Staff was present at this meeting to answer questions relative to the actions taking by County
staff upon notification of the leak. The Council passed a motion that members of the Council
shall meet with Town Staff to understand the nature of the event prior to making a decision.
County staff offered to be participate at the appointed meeting should the Town have further
questions for the County. To date, County staff has not received any details relative to the
Towns meeting.
Staff will provide another update upon receiving further information from the Town.
10.07.14 SEP13 JANFEBMARAPRMAYJUNJULAUG SEP14 OCTNOV DECYTD14YTD13YTD%chng
CallsforService
LawEnforcement 3,435 3,2213,2243,5893,1453,1203,4863,281 3,463 3,38629,91533,612 -11.00%
AnimalServices 82 7191859912914196 97 1079161,065 -13.99%
GRANDTOTAL 3,517 3,2923,3153,6743,2443,2493,6273,377 3,560 3,49300030,83134,677 -11.09%0
SchoolChecks(num)167 53666874693311 6 1695491,059 -48.16%
SchoolChecks(time)90:1118:0229:0431:0029:0042:2819:342:520:3396:11268:44516:55 -48.01%
FalseAlarms 8 1124718151635 26 26178178 0.00%
Escorts 22 12812121068 8 1793122 -23.77%PNASH
Traffic
TrafficStops 332 348350514411444375358 430 2833,5133,114 12.81%
TrafficSummons 160 143184290214264227226 284 1822,0141,631 23.48%
TrafficCrashes 49 74847170646568 51 67614666 -7.81%
CriminalProcess
MisdemeanorCharges 45 69244827602338 51 34374398 -6.03%
FelonyCharges 55 1717331942913 12 9171180 -5.00%
UnknownClass 1 1001000 0 0234 -94.12%
GRANDTOTAL 101 874181471023251 63 43000547612 -10.62%
CivilProcess
Writ-Levy 30 7625256 0 53846 -17.39%
Writ-Repo 34 91058655 6 106470 -8.57%
Evictions 46 213412101211 23 16103121 -14.88%
AllOtherCivil 1,938 621998946831853879888 787 8580007,6619,449 -18.92%
GRANDTOTAL 2,048 6391,027957856871901910 816 8897,8669,686 -18.79%
Property
ReportedStolen $70,327 $43,892$78,019$15,351$22,559$58,066$62,348$30,850 $31,261 $28,781$371,127$559,771 -33.70%
StolenItems 105 33453658605762 71 68490909 -46.09%
ReportedRecovered $200 $27,137$36,502$700$3,095$3,325$34,011$10,551 $20,151 $2,100$137,573$26,833 412.70%
RecoveredItems 7 104681887 10 778109 -28.44%
ReportedDamaged $15,411 $11,361$4,760$8,656$2,983$11,713$3,795$52,017 $18,051 $11,935$125,271$75,870 65.11%
DamagedItems 21 29133016321325 30 30218170 28.24%0
Court
FinesandFees #DIV/0!
JuryTrials 0 0001001 0 021 100.00%
Other
Mileage 95,963 86,406 80,582 92,725 96,643 89,885 82,120 82,814 94,386 87,809 793,370 n/a n/a
GunPermits 30 73798848394949 51 50526667 -21.14%
Fingerprints(noncrim.)17 7181121142029 63 47230155 48.39%
Reports(IBR)88 71636871814965 75 60603708 -14.83%
Reports(Non-IBR)150 12810811611814376101 114 1101,0141,446 -29.88%
ECO 1 2101221 1 1118 37.50%
EPO 1 6092416 8 44036 11.11%
TDO 1 0010140 1 31012 -16.67%
Currencyvaluesroundedtothedollar:Schoolcheckhoursroundedtothehour
Totalsmaychangebetweenreportingperiodsduetoongoinginvestigations,caseupdates,errorcorrection,andlatereporting.
IsleofWightCountySheriff'sOffice•MonthlyActivityReport-SEP2014
STATISTICALINFOYTDTOLASTMONTHCOMPLETED-SEP 10.07.14
MEAN(AVG)MEDIAN HIGHEST LOWEST
LawEnforcement 3,3243,3043,5893,120
AnimalServices 1028914171
GRANDTOTAL 3,4263,3933,6743,244
SchoolChecks(num)611111696
SchoolChecks(time)1240
FalseAlarms 2019357
Escorts 1015176
TrafficStops 390316514283
TrafficSummons 224163290143
TrafficCrashes 68718451
MisdemeanorCharges 42526923
FelonyCharges 1913429
UnknownClass 0110
GRANDTOTAL 616510232
Writ-Levy 4670
Writ-Repo 710105
Evictions 119232
AllOtherCivil 851740998621
GRANDTOTAL 8747641,027639
ReportedStolen 41,23636,33778,01915,351
StolenItems 54517133
ReportedRecovered 15,28614,61936,502700 monetary 37%
RecoveredItems 99184 items 16%
ReportedDamaged 13,91911,64852,0172,983
DamagedItems 24303213
Mileage 88,15287,10896,64380,582
GunPermits 58628839
Fingerprints(noncrim.)2627637
Reports(IBR)67668149
Reports(Non-IBR)11311914376
ECO 1220
EPO 4590
TDO 1240
IsleofWightCountySheriff'sOffice•MonthlyActivityReport-2014
CallsforService
Traffic
CriminalProcess
Property
CivilProcess
Other
PropertyRecovery
(fromAverage)
Monetaryvaluesareroundedto
thenearestdollar.Totalsmay
changebetweenreporting
periodsduetoongoing
investigations,caseupdates,
errorcorrection,andlate
reporting.
201320142013201420132014201320142013201420132014201320142013201413TOT14TOT%Change
January 0000002315327911004516 -64.4%
February 1000001043131612002021 5.0%
March 0000102142241421003318 -45.5%
April 0010003275121622002525 0.0%
May 00010042176141810013628 -22.2%
June 0000004195201911003426 -23.5%
July 0000002472152721102734 25.9%
August 0000306297151031003620 -44.4%
September 0010011189221110003322 -33.3%
October 0003102300360
November 010062810360
December 000242010270
YTDTOTAL1021412516804216214014911289210-27.3%
GRDTOTAL 1 3 4 30 100 233 16 1 388
201320132013
32257289
NOTICE:THEDATAINTHISREPORTISDYNAMICANDMAYCHANGEASCASESARERECLASSFIED,RECORDSEXPUNGED,ORERRORSCORRECTED.
SOURCE:IOWSORMSDATAASOF02.01.14FORALL2013DATAAND10.07.14FOR2014DATA)PWN
ISLEOFWIGHTCOUNTYSHERIFF'SOFFICE
10.07.14
CRIMESAGAINSTPROPERTY2014YTDTOTAL2014YTD
-27.3%-25.3%-43.8%
IsleofWightCountySheriff'sOffice
18
SelectGroupAOffensesSeptember2014
RapeRobberyAgg.AssaultBurglaryHomicide
CRIMESAGAINSTPERSONS2014YTD
LarcenyMVTheft
192210
ArsonTOTALS
SCHOOLCOUNTTIME%COUNT%TIME
CARROLLTONELEMENTARYSCHOOL3213:3618.9%14.1%
CARRSVILLEELEMENTARYSCHOOL2812:1316.6%12.7%
GEORGIEDTYLERMIDDLESCHOOL1713:3310.1%14.1%
HARDYELEMENTARYSCHOOL2815:2116.6%16.0%
ISLEOFWIGHTACADEMY51:333.0%1.6%
SMITHFIELDHIGHSCHOOL169:329.5%9.9%
SMITHFIELDMIDDLESCHOOL55:533.0%6.1%
WESTSIDEELEMENTARYSCHOOL65:253.6%5.6%
WINDSORELEMENTARYSCHOOL2313:4413.6%14.3%
WINDSORHIGHSCHOOL95:215.3%5.6%
GrandTotal16996:11100.0%100.0%
10.07.14
SEP2014
IsleofWightCountySheriff'sOffice•MonthlySchoolCheckReport
RANKNATURECOUNT%TOTALRANKNATURECOUNT%TOTAL
1 PATROLCHECK 1188 34.01%51UNCONSCIOUSORFAINTING3 0.09%
2 CIVILPAPER 582 16.66%52FIREALARM3 0.09%
3 TRAFFICSTOP 283 8.10%53TEMPORARYDETENTIONORDER3 0.09%
4 SCHOOLCHECK 169 4.84%54SICK/ILLORRESCUE3 0.09%
5 BUSINESSCHECK 119 3.41%55SHOTSFIRED/PROMISCUSSHOOTING3 0.09%
6 ANIMALCOMPLAINT 118 3.38%56FRAUD3 0.09%
7 CITIZENASSIST 113 3.24%57SEXOFFENSESRAPEASSAULT3 0.09%
8 PAPERSERVICE 90 2.58%58PSYCHIATRICPROBLEMS3 0.09%
9 SUSPICIOUSPERS./VEH./ACTIVITY 81 2.32%59OVERDOSE3 0.09%
10 PRISONERTRANSPORT 68 1.95%60DOMESTICASSAULT-OCCURRED3 0.09%
11DISABLEDVEHICLE59 1.69%61OTHERORUNKNOWNPROBLEM3 0.09%
12ALARM-BURGLARY54 1.55%62STRUCTUREFIRE2 0.06%
13POLICEINVESTIGATIONS47 1.35%63CARDIACORRESPIRATORYARREST2 0.06%
14ACCIDENTNOINJURIES42 1.20%64POSSIBLEDOAORFULLARREST2 0.06%
15ASSISTOTHERJURISDICTION35 1.00%65FIGHTINPROGRESS2 0.06%
16TRAFFICHAZARD27 0.77%66PARKINGVIOLATION2 0.06%
17FINGERPRINTS27 0.77%67NEIGHBORDISPUTE2 0.06%
18WELFARECHECK25 0.72%68IDENTITYTHEFT2 0.06%
19RECKLESSDRIVING23 0.66%69BOMBORBOMBTHREAT1 0.03%
20911HANGUP21 0.60%70ABDOMINALPAIN1 0.03%
21DESTRUCTIONOFPROPERTY21 0.60%71DISPUTE(NON-FAMILY)1 0.03%
22ACCIDENTUNKNOWNINJURIES17 0.49%72ALLERGICREACTIONS1 0.03%
23POLICEESCORT17 0.49%73CHOKING1 0.03%
24EVICTION15 0.43%74DRUNKINPUBLIC-INTOXICATED1 0.03%
25LARCENYPETITANDGRAND13 0.37%75MISSINGPERSONADULT-JUVENILE1 0.03%
26DISTURBANCE-LOUDNOISE11 0.31%76DIFFICULTYBREATHING1 0.03%
27BURGLARY-RESIDENTIAL9 0.26%77LOSTPROPERTY1 0.03%
28ALARM-UNKTYPE9 0.26%78FIELDINTERVIEW1 0.03%
29JUVENILEPROBLEMS9 0.26%79LOITERING1 0.03%
30ACCIDENTWITHINJURIES8 0.23%80HITANDRUN1 0.03%
31REPOSSESSION8 0.23%81BRUSHFIRE1 0.03%
32PROJECTLIFESAVER8 0.23%82COUNTERFEIT1 0.03%
33BEONTHELOOKOUT8 0.23%83ROBBERY1 0.03%
34DOMESTIC-VERBALONLY8 0.23%84ASSAULTWITHINJURIES1 0.03%
35COMMUNITYRELATIONS7 0.20%85HEADINJURIESORHEADACHE1 0.03%
36BUSINESSASSIST7 0.20%86HARRASSMENT1 0.03%
37OPENDOORORWINDOW7 0.20%87FRACTURESORBROKENBONES1 0.03%
38OFFICERINFORMATION7 0.20%88CHILDABUSEORNEGLECT1 0.03%
39DIRECTPATROL7 0.20%89ASSAULTWITHWEAPONS1 0.03%
40TRAFFICCONTROL6 0.17%90FOUNDPROPERTY1 0.03%
41HOUSECHECK6 0.17%91DOMESTICASSAULT-INPROGRESS1 0.03%
42TRESPASS5 0.14%92BITE1 0.03%
43ASSAULTNOWEAPONS5 0.14%93ATTEMPTSUICIDE1 0.03%
44CIVILMATTER5 0.14%94EMERGENCYCUSTODYORDER1 0.03%
45DRIVINGUNDERTHEINFLUENCE4 0.11%95BLEEDINGORHEMORRHAGING1 0.03%
46DISORDERLYINDIVIDUAL4 0.11%97WEAPONSOFFENSES1 0.03%
47EMERGENCYPROTECTIVEORDER4 0.11%0.00%
48DRUGOFFENSES4 0.11%TOTAL 3,493 100%
49CARFIRE4 0.11%TOPTEN 2,811 80.48%
50 FOOT/BIKEPATROL 4 0.11%10.07.14
PRIORMONTHTOPTENFORCOMPARISON YEARTODATETOPTENFORCOMPARISON
RANK NATURE COUNT %TOTAL RANK NATURE COUNT %TOTAL
1 PATROLCHECK 1313 37.59%1 PATROLCHECK 10,372 33.64%
2 CIVILPAPER 478 13.68%2 CIVILPAPER 4,485 14.55%
3 TRAFFICSTOP 430 12.31%3 TRAFFICSTOP 3,513 11.39%
4 CITIZENASSIST 140 4.01%4 BUSINESSCHECK 1,208 3.92%
5 BUSINESSCHECK 120 3.44%5 CITIZENASSIST 1,200 3.89%
6 ANIMALCOMPLAINT 106 3.03%6 ANIMALCOMPLAINT 980 3.18%
7 PAPERSERVICE 94 2.69%7 PAPERSERVICE 790 2.56%
8 PRISONERTRANSPORT 85 2.43%8 SUSPICIOUSPERS./VEH./ACTIVITY 674 2.19%
9 SUSPICIOUSPERS./VEH./ACTIVITY 57 1.63%9 PRISONERTRANSPORT 659 2.14%
10 ALARM-BURGLARY 53 1.52%10 SCHOOLCHECK 549 1.78%
T **TOTAL**CALLS (notjusttop10)3,560 82.34%T **TOTAL**CALLSYTD(notjusttop10)30,830 79.24%
CALLSFORSERVICE•SEPTEMBER2014
MEMORANDUM
TO: Anne Seward, File
FROM: Frank Haltom, P.E., Director of General Services
SUBJECT: Stormwater Management Fee Credit Manual and Application
DATE: October 6, 2014
__________________________________________________________________________
At its regular meeting on May 1, 2014, the Board approved the Stormwater
Management Fee Credit Policy. Based on the approved policy, County staff
completed the Non‐Residential and Multi‐Family Stormwater Management Fee
Credit Manual and Application that provides the public with some basic information
related to the stormwater fee, the types of credits available, requirements for initial
application for credits, and the renewal process.
Applications from owners of existing BMPs that are completed and received prior to
January 30, 2015 will be processed and considered for credits to be applied effective
July 1, 2014.
The manual and appendices can be downloaded from our webpage:
http://www.co.isle‐of‐wight.va.us/engineering/stormwater‐management‐program/.
A copy is available for review in the new Stormwater Division office (2nd Floor—
17140 Monument Circle).
Staff will provide public notification of the credit manual via the County Website,
PEG channel and a press release.
NON RESIDENTIAL AND MULTI-FAMILY
STORMWATER MANAGEMENT FEE CREDIT MANUAL
ISLE OF WIGHT COUNTY - STORMWATER DIVISION
PO BOX 80
ISLE OF WIGHT, VA 23397
(757) 365-1659
http://www.co.isle-of-wight.va.us/engineering/stormwater-management-program/
STORMWATER MANAGEMENT FEE CREDIT MANUAL
TABLE OF CONTENTS
PAGE
I. INTRODUCTION 1
What is a Stormwater Management Fee? 1
What is a Stormwater Credit? 2
What types of credits are available and Who Qualifies? 2
II. STORMWATER QUANTITY CREDIT 4
III. STORMWATER QUALITY CREDIT 4
Calculating Total Phosphorus Required to be Removed 5
Calculating Total Phosphorus 5
How do I know if I Qualify for Any Credits? 6
IV. CREDIT APPLICATION AND DOCUMENTATION REQUIREMENTS 8
Installation Standards 8
Application and Documentation Requirements 8
Maintenance Requirements 8
Restrictions on Credits 8
Renewal Requirements 8
V. INSTRUCTIONS ON COMPLETING CREDIT APPLICATION 9
VI. RESOURCES 11
ATTACHMENTS:
A – CREDIT APPLICATION FORM
B – BMP MAINTENANCE AGREEMENT
C – ANNUAL STORMWATER REPORT/CREDIT RENEWAL FORM
D – BMP INSPECTION REPORTS
1
I. INTRODUCTION:
To maintain compliance with federal and state stormwater management mandates, Isle
of Wight County will bear an increase in the extent of administrative duties, record
keeping, plan reviews, and inspections. The County will also be required to construct
additional stormwater management facilities to achieve the required pollutant reductions
for the Chesapeake Bay as well as local impaired waterways.
All of these changes stem from revisions to the stormwater management regulations,
mandates from the Environmental Protection Agency (EPA) and the Virginia
Department of Environmental Quality (DEQ), as well as the transfer of the Virginia
Stormwater Management Program (VSMP) administration from the Commonwealth to
localities.
In May 2013, the Isle of Wight County Board of Supervisors approved the
implementation of a Stormwater Management (SWM) Fee by adopting the Stormwater
Management Fee Ordinance. The SWM Fee became effective on July 1, 2013.
This Manual describes how the SWM Fee is calculated and how Non-Residential and
Multi-Family properties can apply for a credit to their fee by making improvements to
existing stormwater controls or implementing new Best Management Practices (BMPs)
to improve how stormwater on their property is managed.
WHAT IS A STORMWATER MANAGEMENT FEE?
The SWM Fee covers the additional costs associated with administering the County’s
Stormwater Program and funding the construction of new stormwater management
facilities. The County has adopted an annual SWM fee of $72 per year for one
Equivalent Residential Unit (ERU). The ERU and associated rate may be periodically
updated.
The ERU was derived using the average impervious surface area for a residential lot in
Isle of Wight County, which is established as 3,200 square feet (sf). Impervious
surfaces are generally defined as any surface material that impedes stormwater from
infiltrating into the soil. When a forested or grassy area is paved or replaced with an
impervious material, the result is less infiltration of runoff. A larger amount of surface
runoff enters the stormwater system causing an increase in flow to the drainage system.
Non-residential property owners are therefore charged a stormwater management fee
directly proportional to the amount of impervious surface on a property.
All developed residential properties (including single family homes, townhomes and
condominiums) are charged for 1 ERU ($72/year), regardless of the size of their home.
Non-residential and multi-family properties are charged 1 ERU for every 3,200 square
2
feet of impervious area on their property. The SWM fee is added as a separate line
item on Real Estate tax bills.
Example #1:
Commercial Property A has several buildings and a parking lot on their property
totaling 1.5 acres of impervious area (65,340 square feet). Their SWM fee is
calculated as follows:
Fee = # ERUs * $72/ERU
# ERUs = (65,340/3,200) = 20.42 ERUs (rounded down to 20 ERUs)
Fee = 20 * $72 = $1,440 per year
WHAT IS A STORMWATER CREDIT?
Non-residential and Multi-family property owners that install, or have installed,
stormwater Best Management Practices (BMPs) to reduce the stormwater volume
and/or peak discharge rate or pollutant loading flowing from their property to the storm
system or surrounding bodies of water, can qualify to receive a reduction in their
stormwater management fee.
A BMP is an activity, measure or facility that prevents or reduces the transport of
pollutants, controls stormwater volume or rate, and/or limits impacts to the receiving
storm drainage system. These measures can include on-site practices such as bio-
retention, vegetated swales, and ponds that manage stormwater at its source. The
County encourages the use of low-impact design strategies in the planning of
development projects.
Stormwater credits will be based on the reduction of total phosphorus (TP) load in the
stormwater flowing from a property, as well as on a reduction in the volume and/or peak
flow rate from a property. Credits may be obtained through the installation, continuing
use, and proper operation and maintenance of selected BMPs that are not owned or
maintained by the County.
WHAT TYPES OF CREDITS ARE AVAILABLE AND WHO QUALIFIES?
Credits are available for developed, non-residential properties in the County, including
commercial and multi-family residential properties. Multi-family residential properties
include apartment buildings and manufactured home parks.
Existing developments in both the Chesapeake Bay and the Blackwater River
watersheds have customarily been designed to provide water quantity control
measures that achieve peak flow attenuation. Due to certain distinctions in the previous
design criteria, developments in the Chesapeake Bay watershed may also have been
required to provide a water quality control treatment component related to the removal
3
of Total Phosphorous (TP) to achieve pollutant removal requirements. Therefore, the
SWM Fee credit policy defines two types of credit that are available for existing BMPs -
Water Quantity Credits and Water Quality Credits. Table 1 below shows the credits
available to customers who have entered into a BMP Maintenance Agreement, and
subsequently apply for, implement, and maintain an approved BMP.
Table 1 - AVAILABLE STORMWATER MANAGEMENT FEE CREDITS
* TP Ratio = TP Treated / TP Removed
CREDIT
TYPE CREDIT DESCRIPTION
BLACKWATER
RIVER
WATERSHED
CHESAPEAKE
BAY
WATERSHED
WATER
QUANTITY
CREDIT
BMP meets peak flow attenuation at the
time of development 20% 10%
BMP exceeds peak flow attenuation at
the time of development 20% 10%
TOTAL WATER QUANTITY CREDITS ALLOWED 40% 20%
WATER
QUALITY
CREDIT
Existing BMP or BMP conversion/
modification meeting Chesapeake Bay
watershed water quality removal
requirements at the time of design
approval
20% 20%
Existing BMP conversion or
modification meeting Technical Criteria
IIB water quality removal requirements
effective County-wide in July 1, 2014
20% NA
Existing BMP
conversion or
modification meeting
Technical Criteria IIB
water quality removal
requirements
effective County-
wide in July 1, 2014
TP
R
a
t
i
o
*
1.0
NA
20%
1.25 30%
1.5 40%
New BMP approved
for installation after
July 1, 2014 TP
R
a
t
i
o
*
1.0 20%
1.25 30%
1.5 40%
TOTAL WATER QUALITY CREDITS ALLOWED 40% 40%
MAXIMUM TOTAL CREDITS ALLOWED 40% 40%
4
II. STORMWATER QUANTITY CREDIT
A Stormwater Quantity credit is available to applicants who have installed an approved
BMP that reduces stormwater peak flow and volume. These practices reduce the
demand or burden on the streams and rivers within the County.
Water Quantity credits are available to customers that currently have quantity-only
stormwater BMPs (i.e. dry detention basins) on their property that were designed and
constructed to meet the regulations at the time of development. The development
projects on these properties were not required to provide water quality treatment at the
time the properties were developed.
A Stormwater Quantity credit of up to 40% is available to applicants in the Blackwater
River watershed who have a previously installed, County-approved BMP that reduces
stormwater peak flow rate.
Customers in the Chesapeake Bay watershed may also claim credits of up to 20% for
water quantity control BMPs.
All credits for existing quantity-only BMPs are also subject to the submittal of a
Maintenance Agreement and routine inspections and maintenance.
The credit will apply for a period of one (1) year. The Owner will be required to submit
an annual renewal application and proof of self-inspection and maintenance pursuant to
the Stormwater Management Maintenance Agreement to continue receiving the credit.
III. STORMWATER QUALITY CREDIT
A Stormwater Quality credit of up to 40% is available to applicants County-wide who
have installed a County-approved best management practice (BMP) that provides water
quality treatment to stormwater runoff flowing through the BMP. The credit is based on
the amount of TP that is treated by the BMP. The applicant can increase the credit
received by exceeding the required TP load reduction that is required by current VSMP
regulations. The target phosphorus load is 0.41 lbs per acre per year. Table 2
describes how the Stormwater Quality credit is calculated.
5
TABLE 2: STORMWATER QUALITY CREDITS ALLOWED
BASED ON RATIO OF LBS OF TP REMOVED/LBS OF TP REQUIRED
CALCULATING TOTAL PHOSPHORUS REQUIRED TO BE REMOVED
The total amount of phosphorus (in lbs/year) that must be removed from stormwater
flowing from a site can be calculated using the Virginia Runoff Reduction Method
(VRRM). This methodology calculates the TP load reduction required as well as the
corresponding design treatment volume. It is required that applicants utilize the VRRM
Spreadsheets for New Development and Redevelopment that are posted on the VDEQ
website:
http://www.deq.virginia.gov/Programs/Water/LawsRegulationsGuidance/Guidance/Stor
mwaterManagementGuidance.aspx
CALCULATING TOTAL PHOSPHORUS TREATED
Once the required TP load reduction is calculated, the applicant can utilize the VRRM
spreadsheets as well as the most recent version of the Virginia Stormwater
Management Handbook to determine which BMPs are appropriate for their site
conditions and achieve the TP removal efficiency required.
Example #2 walks through how the Stormwater Quality credit is calculated as well as
the potential savings for a 6-acre commercial property with 4 acres of impervious area.
Example #2:
Commercial Property B is 6-acres in size and is planning to expand one of their
warehouses and provide additional employee parking. The total impervious area
after expansion will be 4.0 acres. They currently have a dry detention basin to
treat the stormwater flow from the current site, as that is all that was required at
the time of the previous development. This BMP does not provide any water
quality treatment.
Ratio of
TP Treated/TP Required
Total Credit
Allowed
1.0 20%
1.25 30%
1.5 40%
6
Per the VRRM Spreadsheets, the expanded site is required to remove 8.1 lbs of
TP per year from the site in order to achieve the maximum required loading rate
of 0.41 lbs/acre/year.
The property owner decides to retrofit the dry detention basin to provide
additional water quality treatment and adds a vegetated swale, which together
are designed to provide a total of 10.5 lbs of TP removal per year from the site.
The Stormwater Quality credit is calculated as follows:
Ratio of Treated/Required = 10.5 lbs/8.1 lbs = 1.30
Refer to Table 2: Ratio of 1.25 is eligible for a 30% credit
This property has a total impervious area (after the expansion) of 4.0 acres,
which results in an annual Stormwater Management Fee of $3,816. The 30%
credit would save this customer a total of $1,145 a year.
All new BMPs in both the Blackwater River and the Chesapeake Bay watersheds must
be designed and constructed in accordance with the Virginia Stormwater Management
Handbook (the “Blue Book”), which can be found on the VDEQ Stormwater
Management Publications website (click HERE) or the Virginia Stormwater BMP
Clearinghouse (http://vwrrc.vt.edu/swc/).
BMP retrofits, with prior approval from the Isle of Wight County Stormwater Division,
may be designed in accordance with the technical criteria used at the time of plan
approval. Existing BMPs without formal documentation, or those originally designed for
water quantity control only, may be eligible for attaining a credit as well. An engineering
analysis based on the design criteria applied in the Chesapeake Bay watershed at the
time of construction would have to be completed and coordinated with the Isle of Wight
County Stormwater Division.
HOW DO I KNOW IF I QUALIFY FOR ANY CREDITS? If you have a BMP on your property to
control stormwater, you may qualify for a credit. The flow chart on the next page
(Figure 1) can help you determine how much of a credit you may qualify for.
7
FIG
U
R
E
1:
CAL
C
U
L
A
T
I
N
G
STO
R
M
W
A
T
E
R
MAN
A
G
E
M
E
N
T
FEE
CRE
D
I
T
S
8
IV. CREDIT APPLICATION AND DOCUMENTATION REQUIREMENTS
INSTALLATION STANDARDS
• All new BMPs must be designed and constructed in accordance with the Virginia
Stormwater Management Handbook (the “Blue Book”), which can be found on
the VDEQ Stormwater Management Publications website (click HERE) or the
Virginia Stormwater BMP Clearinghouse (http://vwrrc.vt.edu/swc/).
• All BMPs must have all required County and State permits and approvals
APPLICATION & DOCUMENTATION REQUIREMENTS
• Stormwater Credit Application Form (Attachment A)
• BMP Maintenance Agreement (Attachment B)
• Annual Stormwater Report Form (Attachment C)
• BMP Inspection Reports (Attachment D)
MAINTENANCE REQUIREMENTS
• An executed BMP Maintenance Agreement (Attachment B) is required to be filed
with the County for all BMPs to receive credit.
• The property owner has the legal responsibility to maintain the BMP.
• All maintenance must be completed within the recommended guidelines of the
Virginia Stormwater Management Handbook.
• The County reserves the right to routinely inspect the BMP to ensure that regular
maintenance is being performed as required.
RESTRICTIONS ON CREDITS
• The BMP must meet all applicable building, planning and zoning requirements.
• The Stormwater Quality and Quantity credits apply only to the applicant. Credits
do not transfer if ownership transfers. A new application must be submitted and
a new BMP Maintenance Agreement (or evidence of transfer of the existing
Agreement to a new responsible Owner) to continue receiving the credit.
RENEWAL REQUIREMENTS
• To continue receiving the SWM Fee credit the applicant must submit an Annual
Stormwater Report (Attachment C) including a BMP Self-Inspection Report
(Attachment D) documenting maintenance performed,
9
V. INSTRUCTIONS ON COMPLETING A CREDIT APPLICATION (ATTACHMENT A)
Section A:
• Fill out the Applicant Name, Parcel ID Number, and watershed in which the
property lies.
• Check the box/boxes for the credits that you are applying for, and complete the
required information in the right-hand column. Gather the required information
and check off that all required information has been included with the application.
Section B – Water Quality Credit Calculations:
• If your BMP was designed and/or constructed before July 1, 2014 and it met the
Water Quality requirements for the Chesapeake Bay watershed at the time of
design, OR if your BMP was designed and/or constructed before July 1, 2014
and it has been converted or modified to meet the Water Quality requirements for
the Chesapeake Bay watershed at the time of design, COMPLETE #1. Include
all required information in order to receive the 20% credit.
• For projects designed and constructed after July 1, 2014 (following the runoff
reduction method), COMPLETE #2. It is required that the Virginia Runoff
Reduction Method Spreadsheets be used to calculate the required total
phosphorus load reduction per year.
o Enter the TP Load reduction required (lbs/yr)
o Enter the TP Load reduction achieved with BMPs (lbs/yr)
o Calculate the ratio of TP treated to TP required:
Ratio 1.0 – 1.24: Credit 20%
Ratio 1.25 – 1.49: Credit 30%
Ratio 1.5 or greater: Credit 40%
• Enter the total Water Quality Credit % in Section D
Section C – Water Quantity Credit Calculations:
• Complete Section C1 if your property lies within the Blackwater River
watershed and if your site has water quantity-only BMPs (ex. Dry detention
basins).
• Complete Section C2 if your property lies within the Chesapeake Bay
watershed and if your site has water quantity-only BMPs (ex. Dry detention
basins).
• If your BMP meets the 10-year storm peak flow requirement, COMPLETE #1.
Include all required information in order to receive the credit. Maximum credit for
water quantity BMPs meeting 10-year peak flow requirement within the
Blackwater River watershed is 20%, and within the Chesapeake Bay
watershed is 10%.
10
• If your BMP also meets the 25-year storm peak flow requirement, COMPLETE
#2. Include all required information in order to receive the credit. Maximum
additional credit for water quantity BMPs meeting 25-year peak flow requirement
within the Blackwater River watershed is 20%, and within the Chesapeake
Bay watershed is 10%.
• Enter the total calculated credit in Section D.
Section D – Credit Adjustment Calculation Summary:
• Check all the credits that you are applying for and the calculated or allowed
credit. Total the credits. Note – the maximum credit allowed is 40%.
• Calculate the Credit Adjustment as follows:
o Stormwater Management Fee * Allowable Credit (%) = Amount to deduct
from billed Stormwater Management Fee
Section E – Certification:
• Initial, sign and date the certification statement
Mail the completed application and all supporting documentation to:
GENERAL SERVICES DEPARTMENT
STORMWATER DIVISION
P.O. BOX 80
ISLE OF WIGHT, VA 23397
11
VI. RESOURCES
Virginia Stormwater BMP Clearinghouse
Design standards and calculations
http://www.vwrrc.vt.edu/swc/
Virginia Stormwater Management Handbook
Design standards and calculations
http://www.deq.virginia.gov/Programs/Water/StormwaterManagement/Publication
s.aspx
Virginia Runoff Reduction Method (VRRM) Spreadsheets for New Development
and Redevelopment
Phosphorus load reduction calculation spreadsheets and guidance
http://www.deq.virginia.gov/Programs/Water/LawsRegulationsGuidance/Guidance
/StormwaterManagementGuidance.aspx
The Center for Watershed Protection
Fact sheets, design guidance, and reference materials
http://www.cwp.org/
Low Impact Development Center
Fact sheets, design guidance, and reference materials
http://www.lowimpactdevelopment.org/
Chesapeake Bay Foundation
Rain garden, rain barrel, and native planting information.
http://www.cbf.org/
U.S. Green Building Council
Fact sheets, design guidance, and reference materials
http://www.usgbc.org/
Environmentally Sensitive Landscaping
Fact sheets, design guidance, and reference materials
www.epa.gov/GreenScapes
NON-RESIDENTIAL AND MULTI-FAMILY
STORMWATER MANAGEMENT FEE CREDIT APPLICATION
SECTION A – SWM FEE CREDIT APPLICATION
(PLEASE PRINT)
APPLICANT NAME:
PARCEL ID NUMBER:
WATERSHED:
(MAP ATTACHED FOR REFERENCE)
BLACKWATER RIVER WATERSHED (COMPLETE SECTION C1)
CHESAPEAKE BAY WATERSHED (COMPLETE SECTION C2)
CREDIT APPLYING FOR:
(Check all that apply) INFORMATION REQUIRED FOR CREDIT:
STORMWATER
QUALITY CREDIT
(Complete Section B)
Type of BMP:_________________________________
Existing BMP: Yes / No
If yes, list date of certification: ______________
Design Calculations Included
Construction Plans or As-Builts Included
Signed BMP Maintenance Agreement Included
STORMWATER
QUANTITY CREDIT
(Complete Section C1
or Section C2)
Type of BMP:_________________________________
Existing BMP: Yes / No
If yes, list date of certification: ______________
Design Calculations Included
Construction Plans or As-Builts Included
Signed BMP Maintenance Agreement Included
2
SECTION B – WATER QUALITY CREDIT CALCULATIONS
Complete the following to
document the calculated credit allowed: Calculated Credit(s):
1. For projects designed and/or constructed PRIOR to
July 1, 2014, include the following in order to receive
credit:
Design calculations showing that Chesapeake
Bay watershed water quality requirements at
the time were met.
Certification from P.E. that the BMP was
constructed as designed.
Maintenance records documenting that the
BMP has been properly maintained.
Credit Allowed:
20 %
2. For projects designed and constructed AFTER July 1,
2014, OR converted/modified to meet Technical Criteria
IIB, complete the following to calculate the total
WATER QUALITY CREDIT allowed:
a. Total Phosphorus (TP) Load Reduction Required:
Pounds TP/Year:_________________________
b. Total Phosphorus (TP) Load Achieved:
Pounds TP/Year:_________________________
c. Calculate the ratio of TP Treated to TP Required:
(2b ÷ 2a):___________________
d. Determine the allowable Water Quality Credit:
If Ratio is between 1.0 and 1.24: 20% Credit
If Ratio is between 1.25 and 1.49: 30% Credit
If Ratio is 1.50 or greater: 40% Credit
Credit Calculated:
______ %
3. Enter total Water Quality Credit from either Part 1 or Part 2 in Section D
3
SECTION C1 – WATER QUANTITY CREDIT CALCULATIONS
FOR BLACKWATER RIVER WATERSHED PROPERTIES:
Complete the following to
document the credit allowed: Calculated Credit(s):
1. For applicants with stormwater quantity-only BMPs that
MEET the 10-year storm peak flow requirement, include
the following in order to receive credit:
Design calculations showing pre-and post-
development peak flow calculations for the
site.
Certification from P.E. that the BMP was
constructed as designed.
Maintenance records documenting that the
BMP has been properly maintained.
Blackwater River
Watershed Credit
Allowed:
20 %
2. For applicants with stormwater quantity-only BMPs that
EXCEED the 10-year storm peak flow requirement and
meet the 25-year storm peak flow requirement, include
the following in order to receive credit:
Design calculations showing pre-and post-
development peak flow calculations for the
site.
Certification from P.E. that the BMP was
constructed as designed.
Maintenance records documenting that the
BMP has been properly maintained.
Blackwater River
Watershed Additional
Credit Allowed:
20 %
3. Enter the total of Part 1 and Part 2 of Water Quantity Credit in Section D
4
SECTION C2 – WATER QUANTITY CREDIT CALCULATIONS
FOR CHESAPEAKE BAY WATERSHED PROPERTIES:
Complete the following to
document the credit allowed: Calculated Credit(s):
1. For applicants with stormwater quantity-only BMPs that
MEET the 10-year storm peak flow requirement, include
the following in order to receive credit:
Design calculations showing pre-and post-
development peak flow calculations for the
site.
Certification from P.E. that the BMP was
constructed as designed.
Maintenance records documenting that the
BMP has been properly maintained.
Chesapeake Bay
Watershed Credit
Allowed:
10 %
2. For applicants with stormwater quantity-only BMPs that
EXCEED the 10-year storm peak flow requirement and
meet the 25-year storm peak flow requirement, include
the following in order to receive credit:
Design calculations showing pre-and post-
development peak flow calculations for the
site.
Certification from P.E. that the BMP was
constructed as designed.
Maintenance records documenting that the
BMP has been properly maintained.
Chesapeake Bay
Watershed Additional
Credit Allowed:
10 %
3. Enter the total of Part 1 and Part 2 of Water Quantity Credit in Section D
5
SECTION D – CREDIT ADJUSTMENT CALCULATION SUMMARY
Check all Credits Applying for: Calculated Credit:
Water Quality Credit (from Section B) _______ %
Water Quantity Credit (from Section C1 or C2) _______ %
TOTAL ALLOWABLE CREDIT:
NOTE - MAX OF 40
_______ %
CURRENT STORMWATER MANAGEMENT FEE $__________
CALCULATE CREDIT ADJUSTMENT:
SWM FEE * ALLOWABLE CREDIT
$__________
SECTION E – CERTIFICATION
_____(initial) I hereby certify that I own and/or manage the property and I further
declare, under penalty of perjury, that the information provided by me in this
application is the truth to the best of my knowledge and belief.
APPLICANT/OWNER SIGNATURE:
DATE:
MAIL APPLICATION AND ALL SUPPORTING DOCUMENTATION TO:
GENERAL SERVICES DEPARTMENT
STORMWATER DIVISION
P.O. BOX 80
ISLE OF WIGHT, VA 23397
1
DECLARATION OF COVENANTS AND EASEMENT
THIS DECLARATION OF COVENANTS AND EASEMENT made this
day of
, 20 , by , (hereinafter
referred to as the "Covenantor", which shall included, for purposes of this Declaration
Covenantor’s successors and assigns,or subsequent landowners individually) to and for
the benefit of the County of Isle of Wight and its successors and assigns, hereinafter
referred to as the "County."
WITNESSETH:
WHEREAS, the County is authorized and required to regulate and control the
disposition of storm and surface waters within Isle of Wight County as set forth in
Chapter 14A and Appendix B-1 of the Isle of Wight County Code (the “Ordinances”)
and other applicable federal, state and local laws; and
WHEREAS, the County is authorized to grant certain exceptions to the
Ordinances, as more clearly set forth in the Ordinances.
WHEREAS, the Covenantor is the owner of certain lot(s), parcel(s), or tract(s) of
land (the “Property”) more particularly described as:
Tax Map Parcel(s)
Lot(s) or Tract(s)
Address(s)
and
WHEREAS, the Covenantor has constructed or will construct certain
improvements on the Property which will alter either the Resource Protection Area
(RPA) buffer area or extant storm and surface water conditions on both the Property
and adjacent lands (the “Affected Area”); and
WHEREAS, in order to accommodate and regulate these anticipated changes in
the Affected Area, the Covenantor desires to install and maintain, at its expense, a
storm and surface water management facility and system, together with related
upstream and downstream drainage facilities (collectively, the “Drainage Facilities”)
more particularly described and shown on plans titled
and dated , and
attached hereto as Exhibit A; and
WHEREAS, the County has reviewed and approved these plans subject to the
2
execution and recordation of this Declaration of Covenants in the Isle of Wight County
Circuit Court Clerk’s Office.
NOW, THEREFORE, in consideration of the benefits received by the Covenantor
as a result of the County's approval of its plans, Covenantor, with full authority to
execute deeds, deeds of trust, other covenants, and all rights, title and interest in the
Property does hereby covenant with the County as follows:
1. Covenantor shall install and perpetually maintain, at its sole expense, the
above-referenced Drainage Facilities in strict accordance with the plan approval granted
by the County.
2. Covenantor shall, at its sole expense, make such changes or modifications to
the Drainage Facilities as may, in the County's discretion, be determined necessary to
reasonably maintain and operate the Drainage Facilities in accordance with the
specifications included in the plans which have been reviewed and approved by the
County. This includes all pipes and channels built to convey water to the facility, as well
as all structures, improvements and vegetation provided to control the quantity and
quality of the water. “Reasonably maintain” is herein defined as keeping the Drainage
Facilities in good working condition so that these facilities are performing their design
functions.
3. Covenantor shall inspect the Drainage Facilities and submit an inspection
report annually. The inspection shall cover the Drainage Facilities and associated
landscaping. Deficiencies shall be noted in the inspection report. Inspection and
maintenance of the Drainage Facilities shall be in accordance with the plan approval
granted by the County. The required inspections, the frequency of inspections,
maintenance requirements and the frequency and cost of maintenance for all
components of the Drainage Facilities shall be in accordance with the approved plan,
attached hereto as “Exhibit A.” Annually, Covenantor shall submit an inspections report
and maintenance log to the County to evidence compliance with said plan.
4. The County, its agents, employees and contractors, along with any other
oversight state agencies, as well as the Virginia Department of Transportation
(“VDOT”), shall have a perpetual right of ingress and egress over the Property and the
right to inspect the Drainage Facilities, at reasonable times and in a reasonable manner,
in order to insure that the Drainage Facilities are being properly maintained and are
continuing to perform in an adequate manner. Such right of ingress and egress may
also be used by the County and VDOT for the purpose of any maintenance work that
the County or VDOT deems necessary or required.
5. The Covenantor agrees that should it fail to correct any defects in the
Drainage Facilities, or shall fail to maintain the Drainage Facilities in accordance with
the approved design standards and with applicable laws and regulations, within ten (10)
days from the issuance of written notice (except in the event of emergency, in which
case no notice shall be required), the County and VDOT are each authorized to enter
the Property to make all repairs, and to perform all maintenance, construction and
reconstruction the County or VDOT deems necessary or as may be identified in the
3
annual inspection report. It is expressly understood and agreed that the County and
VDOT are under no obligation to maintain or repair said Drainage Facilities, and in no
event shall this Declaration of Covenants be construed to impose any such obligation
on the County or VDOT. In the event the County or VDOT, pursuant to this Declaration
of Covenants, performs work of any nature, or expends any funds in the performance of
said work for labor, use of equipment, supplies, materials and the like, the Covenantor
and its successors and assigns, or if there is no successor or assign and Covenantor
has ceased to exist, then all subsequent landowners served by the Drainage Facilities
in equal shares, shall reimburse the County or VDOT upon demand for the cost of said
repairs and maintenance incurred by the County or VDOT within thirty (30) days of
receipt thereof for all actual costs incurred by the County or VDOT hereunder. Such
costs may be placed on the property tax bills of said property and collected as ordinary
taxes, as determined by the County at its sole discretion.
6. Covenantor shall indemnify, save harmless and defend the County and VDOT
from and against any and all claims, demands, suits, liabilities, losses, damages and
payments including attorney fees claimed or made by persons not parties to this
Declaration against the County or VDOT that are alleged or proven to result or arise
from the Covenantor’s construction, operation, or maintenance of the Drainage Facilities
that are the subject of this Declaration of Covenants.
7. The covenants contained herein shall run with the land and the Covenantor
further agrees that whenever the property shall be held, sold or conveyed, it shall be
subject to the covenants, stipulations, agreements and provisions of this Declaration,
which shall apply to, bind and be obligatory upon the Covenantor hereto, its
administrators, executors, heirs, successors and assigns and any other successors in
interest, including any homeowner’s association, and if no such homeowner’s
association, to each individual landowner having an interest in the Property.
8. The Covenantor shall promptly notify the County when the Covenantor or its
assigns legally transfer any of the Covenantor's responsibilities for the Drainage
Facilities. The Covenantor shall supply the Department of Planning and Zoning and the
Engineering Division of the County of Isle of Wight, Isle of Wight Courthouse, 17140
Monument Circle, Post Office Box 80, Isle of Wight, Virginia 23397, with a copy of any
document of transfer, executed by both parties and a copy of this document
acknowledged by both parties. Upon the County's receipt of the document of transfer,
the conveying owner of the Property shall be released from all liability arising under this
Declaration subsequent to the date of the conveyance, but such conveying owner shall
remain liable for any and all obligations that accrue prior to such date.
9. The provisions of this Declaration shall be severable and, if any phrase,
clause, sentence or provision is declared unconstitutional, or the applicability thereof to
the Covenantor or its assigns is held invalid, the remaining provisions of this Declaration
shall not be affected thereby.
10. This Declaration shall be recorded at the Clerk's Office of the Circuit Court of
Isle of Wight County, Virginia at Covenantor's expense.
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11. In the event that the County shall determine at its sole discretion at any
future time that the Drainage Facilities are no longer required, then the County shall at
the request of the Covenantor execute a release of this Declaration which the
Covenantor shall record at its expense.
12. For purposes of enforcement of the obligations, duties and responsibilities
imposed upon the Covenantor by this Declaration and by the County's Ordinances and
other applicable federal, state and local laws, the Covenantor acknowledges that the
Isle of Wight County administrator charged with enforcing the Isle of Wight County
Ordinances shall be the agent of the County.
[SIGNATURES APPEAR ON FOLLOWING PAGES.]
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IN WITNESS WHEREOF, the parties hereto have executed this Declaration of
Covenantor as of the day of , 20 .
COVENANTOR:
[PRINT COMPANY NAME]
By: ___________________________
Name: ___________________________
Title: ____________________________
STATE OF VIRGINIA
COUNTY OF ISLE OF WIGHT, to-wit:
The foregoing instrument was acknowledged before me by , as
____________________ of _____________________, this day of
, 20 .
My commission expires: ______________________
Registration Number:
______________________
_______________________________
Notary Public
[Notary Seal]
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COUNTY:
The County of Isle of Wight, Virginia
By: ____________________________
Name: ____________________________
Title: ____________________________
STATE OF VIRGINIA
COUNTY OF ISLE OF WIGHT, to-wit:
The foregoing instrument was acknowledged before me by , as
________________ of the County of Isle of Wight, Virginia, this day of
, 20 .
My commission expires: ______________________
Registration Number:
______________________
_______________________________
Notary Public
[Notary Seal]
Approved as to Form:
____________________________________
(County Attorney Signature)
Prepared by: Isle of Wight County Attorney
NON-RESIDENTIAL AND MULTI-FAMILY
ANNUAL STORMWATER REPORT FORM/CREDIT RENEWAL FORM
APPLICANT INFORMATION
Owner Name:_________________________________________________________________
Last First M.I.
Property Address:_____________________________________________________________
Street Address Apt/Unit #
_____________________________________________________________
City State Zip Code
Phone: _______________________ Alternate Phone: ____________________________
Email Address: ______________________________________________________________
Mailing Address: _____________________________________________________________
(if different than property address)
Parcel ID Number: __________________________________
CREDIT INFORMATION
This form is only for properties than have an existing Stormwater Management Fee Credit.
It is not to be used as an initial application.
Has there been any new construction surrounding the BMP? YES NO
If Yes, please explain: _____________________________________________________
Have there been any changes to the BMP in the last year? YES NO
If Yes, please explain: _____________________________________________________
Is your annual inspection up to date? YES NO
If Yes, please explain: _____________________________________________________
Has any new impervious area been added? YES NO
If Yes, please explain: _____________________________________________________
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CREDIT RENEWAL SUMMARY
CHECK TYPE OF CREDIT AND COMPLETE % CREDIT ALLOWED
WATER QUALITY CREDIT: ______________ %
WATER QUANTITY CREDIT: ______________ %
CREDIT FEE ADJUSTMENT:
FEE * CREDIT (%) = $_____________
OWNER CERTIFICATION
By signing below, I hereby certify that I own the property and I further declare,
under penalty of perjury, that the information provided by me in this application is
the truth to the best of my knowledge and belief.
APPLICANT/OWNER SIGNATURE:
DATE:
MAIL APPLICATION AND ALL SUPPORTING DOCUMENTATION TO:
GENERAL SERVICES DEPARTMENT
STORMWATER DIVISION
P.O. BOX 80
ISLE OF WIGHT, VA 23397