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08-21-2006 Regular Meetingr ~.~ REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE. TWENTY FIRST DAY OF AUGUST IN THE YEAR TWO. THOUSAND AND SIX PRE-SENT: Thomas J. Wright, III, Chairman Stan D. Clark, Vice-Chairman James.B. Brown, Jr. .Thomas R. Ivy Phillip A. Bradshaw Also Attending; Jacob P. Stroman, IV, County Attorney. W. Douglas Casket', County Administrator E. Wayne Rountree, P.E., 'Assistant County Administrator Patrick J. Small, Assistant County Administrator Carey Mills Storm, Recording Secretary Chairman Wright called the meeting to order at 6:00 p.m. l/ Supervisor Clark delivered the invocation. /~ The Pledge of Allegiance was conducted. !/ Chairman .Wright called for approval of the agenda. County Attorney Stroman requested that the following amendments be made to the agenda: :Under Special Presentations, make the introduction of .the County Fair Queens-.Item (A) and shift the other presentations down in the order. listed on the agenda;. under. the County Attorney's Report,. add a Deed of .Gift of the Rollingwood water system; and, under the Closed Meeting, add a total: of four (4) additional items. Supervisor Bradshaw moved the Board approve the agenda, as amended. The motion was .adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright- voting. in favor of the motion, and no Supervisors. voting against the motion. // Chairman Wright called for Special Presentations. 1 ~. Karen Casey, Operations Manager, Department of Parks and Recreation, formally introduced the 2006 Is e of Wight County Fair Queens. She advised that the Miss Isle of Wight County Fair Pageant -was held on August 12, 200b, and that there were a total of 151 participants. Chairman Wright presented Don Hill, Social .Services Fraud Investigator, with a framed Resolution adopted by the Board at its August 3, 200b meeting recognizing Mr. Hill's accomplishments for the Department of Social Services. Jennifer Henderson, United Way Development .Manager for Suffolk and Isle of Wight County, briefed the Board relative to the United Way .Day of Caring. Sheriff Phelps addressed t~~e Board on the Isle of Wight County ..Evacuation Plan with respect to that Department's responsibility of ensuring that evacuation routes within the County are maintained in the event of an emergency. He advised that the potential .for bottlenecks exists in the State's plan for evacuation, which includes both the Tidewater area and the ..Peninsula, but not the County, as it would not be necessary to evacuate the County in the event of certain natural disasters. He .advised that should it become .necessary to evacuate County residents, an alternative plan has been developed. utilizing secondary roads. He advised of the need for 9b volunteers, and noted that efforts are currently underway to solicit and train those volunteers. He advised that because the State is not in a position to supply any needed signage, he anticipates making a request for fundingfrom - the Town. of Smithfield and the C©unty to assist with purchase of such signage. Chairman Wright suggested that Sheriff Phelps could-begin initiation of a contract with a rental business. Sheriff Phelps offered to look into the possibility of establishing such a contract. Chairman Wright inquired if the need for fuel during. emergencies had been addressed. Sheriff Phelps replied that Richard. d. Childress, Director of Emergency Management, is exploring the possibilities of how fuel could be provided in the event it :was needed. He advised that one (1) suggestion offered was that a vendor could supply a generator in the event there was no power, which would run certain gas pumps. He advised that the .Sheriff's Office would take action to have any broken down vehicles removed from roadways and that any individuals would. be relocated to the closest shelter. Supervisor .Bradshaw recommended that Sheriff Phelps .coordinate his ...efforts with the State's plan. He stated of the 1.5 million individuals living in 2 BOOM ~~ ~,' ;'~,~~~ the Hampton.. Roads area,.. it would be critical to evacuate the 700,000 individuals from Norfolk-and Virginia Beach area first, which is estimated to take approximately 39 hours. He advised that certain maps depicting the southern end of the'County were incorrect. as Route 2S8 now goes all the way to Business 58,-and Route 1603 no longer exists. Sheriff Phelps offered to maintain contact .with the' Secretary of .Transportation's Office as the State's plan progresses. .Supervisor Brown inquired if Sheriff Phelps had considered. the feasibility of utilizing. buses during evacuations. He noted that this. would reduce the number of cars on the roadways, and save on fuel consumption. Sheriff Phelps replied that.. law enforcement is not involved with utilization of buses, and that he would have to defer to Richard -Childress on .that aspect of the plan. Supervisor Ivy inquired- how evacuation routes will be communicated to the general public. Sheriff Phelps replied that staff would be forced to rely on whatever communications .are .available through the local :radio stations. Supervisor Clark noted. that during- evacuations, there should still be power, and he recommended that the County's website be utilized for- the purpose of communicating such evacuation. routes to the general public. Supervisor. Ivy recommended including pertinent information on a separate .page in the County's .newsletter that could be prominently displayed in homes for use during emergencies. Sheriff .Phelps offered to .take back the Board's suggestions. and recommendations to the Committee for its further discussion and consideration. E. Wayne Rountree, P.E., Assistant County Administrator, formally introduced Steven Wright, the County's new Economic Development Director, to the Board. Beverly H. Walkup, Director of Planning and Zoning, stated pursuant to the Board's direction at its July 20, 2006 meeting, staff has consulted with representatives of the Department of Environmental Quality (DEQ), Chesapeake Bay Local Assistance Department {CBLAD), the. James River . Association and the. River Keepers regarding the developer's proposal to construct a discharge sewage system at the Lawnes Point Subdivision. She advised.. that CBLAD had deferred the matter to DEQ advising that it has no jurisdiction over point discharge; the James River Association had .advised that while it does have some concerns, it feels. -that .the technology for the 3 ~o~n ~2~ ., --1`.~7 discharge system is more tested and proven than the Shaffer system; and, that the River Keepers are still reviewing the- project. She advised that she had also consulted with the .Shellfish Division of the Virginia Department of Health which has directed the discharge to the Lawnes Creek where there are already shellfish closures, as opposed to the James .River which would require additional closures. She stated that-she would forward to the Board any information received from the River Keepers upon its receipt. Ms. Walkup formally introduced. John Kennedy and Kyle Winter from the. Department of Environmental Quality's (DEQ) Central Office, who provided an overview of the regulatory permitting requirements and the nutrient exchange credit (offsets) program for new sewage discharge systems. 1 John .Kennedy, Chesapeake Bay Program Manager, DEQ, briefed the Board on water quality problems DEQ. is attempting to address in tidal waterways, particularly in the James River. He advised that nutrients in Richmond. and the input of sediments have had a marked impact on the ecology of the Chesapeake Bay. He noted that there are nutrient related problems in the James River that have been documented and, in the past cycle of assessing .Virginia's water quality conditions, there are waters, including Lawnes Creek, that have now been placed on DEQ's impaired waters list. for failure to meet the. new criteria for dissolved oxygen in tidal waters. He advised that the Water Quality. Improvement Fund is a cost/share program designed to provide grants to local governments and. publicly owned treatment works for the installation of nutrient .reduction technology.. He advised that DEQ has funded a Schaffer system land application located near the Town of Timberville, and it is beginning to see a proliferation of Sequencing Batch Reactor (SBR} systems. He stated DEQ's previous experience with the Schaeffer system' was that it seemed to be a good application .where- there is the. luxury of available land for land application and treatment. He stated that the Towns of Timberville and Broadway were facing fairly costly upgrades to their existing. plants, and because there was not sufficient land area, that system has not lived up to the expectations that were included in the grant agreement provided by DEQ. He advised they are the only grantee that DEQ has sought a monetary assessment from to repay a portion of the grant for failure to perform. He advised that there also had been a couple of notices of violations under. the Virginia discharge permit. He stated that while there is most likely a fix for that operation, it has. not been found yet, and the .system has been in operation for five (5} years. He stated with respect. to SBR technology, DEQ had grant funded the Dale City Service Corporation system in Prince William County approximately five (5) years ago, which has been achieving .near state-of--the-art treatment for all wastewater parameters, including nutrients. He stated that the performance for the installations that DEQ has examined thus far has been good. Supervisor Clark inquired-what has. been done with the discharge. _4 ~~oox ~~ ~r~:~~ Mr. Kennedy replied that Prince William County, following disinfection. and dechlorination, discharges ..into a receiving stream for the Potomac River. Supervisor Brown.. inquired how many SBR systems are currently in operation. Mr. Kennedy replied that DEQ has completely funded five (5) SBR systems; which seem to be preferred for smaller applications, but can be used for large plants. .Chairman Wright inquired what is done with the solid materials. Mr. Kennedy replied that solid materials,.. following the removal of the liquid portion from he reactor, are sent to a solids. treatment unit where they are further. broken down and stabilized, and the biosolids are placed in a landfill; are land applied; or are incinerated. Supervisor -Brown inquired what type of feedback had been received by DEQ with respect to .repair and maintenance. Mr.. Kennedy replied that DEQ has nothing to do .with the .operation and maintenance of the facilities .other than monitoring the performance under the grant agreement .for nutrient; removal. Supervisor Ivy inquired if there -are.. any localities that run gray water through a filtration system before running it back into a drinking water system. Mr. Kennedy replied a number of localities in northern Virginia are hooked up to a drinking .water plant which discharges into a reservoir and is a drinking water source for 900,000 Virginians. He stated this complex treatment. process is basically nothing other. than a water treatment :plant at the end. of a wastewater facility. Supervisor Clark noted that the Schaffer system .proposed for the . Lawnes Creek development involves taking waste from only a small housing development. Mr. Kennedy stated that. another possible. factor for the reason. why the Towns of Timberville and Broadway had some difficulty in operating the Schaffer system .is that the system design was .originally: based on a slightly higher strength wastewater thane just domestic sewage. He stated. that the USDA required poultry producers to use a disinfecting .agent high in phosphorous, which caused -the effluent to double in concentration -for phosphorous, and which was difficult to remove using- -the lagoon process. He stated -that there were restrictions on the land application, both: nitrogen and phosphorous based application rates. He stated that DEQ believed that a ~: 5 BOJtt ~~ ~a. ,~.~ .partial fix to their. problem would have been additional acreage to land apply; however, the land had twenty (20) year leases on it and was not purchased. Supervisor Clark inquired if the Lawnes Pointe development had sufficient land to land apply. Mr. Kennedy.. replied that the Department of .Conservation and Recreation would develop a nutrient management plan that would determine how many acres were needed for whatever the crop, as welt as what the application rates would be to prevent any groundwater contamination or surface water runoff. He noted that the Health Department also has its awn requirements, such as buffers and distances from the property line.. Supervisor Clark asked Mr. Kennedy if an applicant. proposing a Shaffer system would necessarily know all that has to be accomplished. Mr. Kennedy replied."yes." Chairman Wright inquired what the affect is on a stream when different types of water quality are mixed together. Mr. Kennedy replied that the 50,000 .gallons per day for the proposed system is a relatively small discharge. He stated that there are facilities in Hampton Roads designed. to produce 24-35 million. gallons per day that are discharging into the same .waters. He stated at a scale of 24-35 million gallons .per day, there might be .some concern, but probably would not with a smaller scale of 50,000: He advised that adischarge- permit would set the limits that would apply at the end of the pipe, and there are two (2) state -and two (2) citizen monitoring stations in this area that would. monitor the results to determine if there were any negative changes occurring. He stated that it is expected if the permit limits are met, which are designed to protect water quality standards, that there would not be a negative impact. Chairman Wright inquired what would occur if a negative impact was detected. Mr. Kennedy replied that more than likely the discharge permit would become tighter. Chairman Wright inquired if recreational. fishermen would be affected. Mr. Kennedy replied that DEQ attempts to ensure for primary contact recreation. that the discharges are safe in terms of bacterial content. He stated if there is a high quality discharge, UV disinfection is normally effective, leaving almost non-detectable bacterial counts in the discharge. 6 ~DDtt ~~ rr~x~'1.1~ Supervisor Clark noted that Lawnes Creek is "already listed. on the impaired: waters list, and he inquired if the discharge would. have a positive. or negative .affect if a discharge system is installed on the impaired status. Mr.' Kennedy replied that he thought., it would have a positive. affect given that it would be a high quality discharge. He stated. if discharge limits are being .met according to the permit, DEQ has. written those permits for the protection of water quality standards.. Supervisor Clark inquired if a discharge system is built. at the Lawnes Pointe Subdivision, would. it be adding. to loads. in the creek and decreasing the water quality in Lawnes Creek. Mr. Kennedy replied that he .did not believe the water quality would. be negatively impacted. He stated that while this proposed project. might be considered a small facility, there are other smaller facilities throughout the watershed, and the regulations .written address the 125 largest plants which accounts for approximately 90-95% of the treated effluent. He stated' that DEQ has adapted. regulations to control .and require concentration based performance requirements, .annual loading. requirements, and the means to .cap those loads and maintain those caps into the future. He stated, if approved, it would be a new discharge of nutrients .that are not currently being discharged into. the river; however, under the exchange: program, there may be a way to locate offsets. to the .new load. somewhere else in the watershed. Chairman Wright .inquired how often discharge is tested. Mr. Kennedy replied that depends on the size of the facility. He stated the process .control is normally done within a plant. om a daily basis. ` He stated that once a week, there may be a 24-hour composite sample taken. four ' (4) times and reported in the discharge monitoring :report to the State. He stated 'with _respect to nutrient controls, discharges.. would be .over the entire calendar year, and the annual average concentration. and total poundage discharge would be reported to the State. Chairman Wright inquired who would be responsible for. testing water quality. Mr. Kennedy -replied that a .State certified lab performs an analysis from aself-testing program. He stated that there are also periodic check spots of the facility .and tab procedures that are performed by a State examiner. Supervisor Clark inquired if DEQ had experienced State. budget cuts similar to what .other State agencies have. seen over the last several years. 7 eo~r ~~ . ?; :1 Mr. Kennedy replied DEQ's permit programs have not been affected by State budget cuts. He stated that the Water Quality Improvement Fund had recently received the largest increase of funds ever allocated, and that Me did not foresee: any -major .obstacles to overcome due to budget cuts in the program. Supervisor Clark inquired if-the credits program was recently passed by the General Assembly. Mr. Kennedy replied that the General Assembly had passed in 2005 the Nutrient Credit Exchange Program law, and that regulations are now being developed in order to govern the program. Supervisor Clark inquired that if the program is not finalized, would it be available at this time to apply to this system. Kyle Winter, Water Permits. Manager, DEQ, advised. that the general watershed permit regulation is currently under development, and that staff would be going before the State Water Control Board (SWCB) on September b, 200b for final approval of that regulation, of which a part of it would became effective January 1, 2007.. He further advised that cities discharging across the State into the Chesapeake Bay Basin will automatically be covered by that permit, but the 125 significant dischargers in new and expanded facilities with a design flow of 40,000 gallons per day or greater will be required to register for permit coverage, and will be immediately subject to the requirements of that permit.' He advised that the proposal with Lawnes Creek would be required to register for general permit coverage before any discharge commences. He stated that as a new facility, the Lawnes Creek development would -have a load limit of zero, and it would be required to offset any nitrogen or phosphorous. discharged into Lawnes Creek. He advised that the developer would also be required to submit .a compliance plan to demonstrate how those offsets would be achieved. He advised that because of the design flow of .40,000 to 90,000 gallons per day, the developers would have to construct to biological nutrient levels, and. would have to sustain that kind of performance on an annual average.. He explained that one (1) way to achieve the offset is to negotiate with one (1) of the dischargers in the James Basin that. is capable of meeting its load limit, and purchase a certain portion of their load limit. He stated the other facility would then be responsible for meeting a lower. permit limit for the term of the contract. He further explained that "buying pounds" refers to the difference between. what a facility is allowed to discharge and what they actually .:discharge.. He-stated if a facility does better than what a permit .allows, credits can be generated that may be traded with other facilities. He explained if a facility is confident in its performance, it could also trade some of its permitted. limit in advance to another facility. He stated if the load allocation lmts.that have been assigned to facilities. in the James River had been affected in .2005,. there would have- been sixteen (lb} facilities in the James River that would have had pounds to trade for nitrogen and fifteen(1S} 8 .. s facilities for phosphorous, `so potential trading partners do exist for the proposed facility at Lawnes Pointe, He stated another way.. to achieve ~an offset is through purchasing anon-point load reduction.-from a facility,that is complying with the Chesapeake Bay Act .with anon-point tributary strategy. He stated a discharge of this size is doable, however, it is more-complicated. DEQ and DCR .are continuing to work on the procedures by which the . approval and trading mechanism would take place.. He stated that a safe method for a facility such as the one proposed is to go with apoint-source discharge or eliminate the discharge altogether. He stated with respect to making payments to the Water Quality Improvement Fund, :.DEQ is .continuing to work with DCR on how this is going to work. He stated flexibility is given of developing an individual on-set off-set program. At 7:00 p.m., Supervisor ,Bradshaw .moved that the Board amend the regular order of the agenda in order to conduct the public hearings. The motion. was adopted- by a vote of (5-0) with. Supervisors Bradshaw, Brown, .Clark, Ivy and Wright: voting in favor of the motion, and no Supervisors voting. against-the motion.: // Chairman Wright called for a public hearing on the following: An Ordinance. to Amend the Chesapeake Bay Preservation Area Qrdinance, Appendix B-1 of the Isle of Wight County Code Ms. Walkup advised. that the Board, at its regular meeting. of July 20, 20Q6, tabled consideration. of the proposed Ordinance, and authorized staff to make additional changes: in order to include administrative approval for piers; provide consistency with terms used in the Ordinance; and, address comments received from the Virginia Department- of Conservation and ..Recreation's Division of Chesapeake Bay Local Assistance. She advised that the specific changes. to the- Ordinance are included in the Board's report, and are outlined in :red in the draft ordinance contained in the Board's agenda. She certified that the public hearing had been duty advertised. Chairman Wright called for persons to speak in favor of, or in opposition to, the proposed Ordinance. No one. appeared. Chairman Wright. closed the public hearing and called for comments from the Board. Supervisor Clark moved that the Board-adopt the following Ordinance:. Chesapeake Bay Preservation 9 Area Ordinance Adopted by the Board of Supervisors December i 8, 2003 (And amended on December 18, 2004 And August 21, 2006) APpendix B-1 Chesapeake Bay Preservation Area Ordinance TABLE OF CONTENTS ARTICLE 1 TITLE, PURPOSE, AND AUTHORITY Section 1000. Title 1 Section i 00.1. Findings of Fact 1 Section 1002. Purpose and Intent I Section 1003. Relationship to Referenced Laws, Other County Ordinances and Guidance Documents 2 Section 1004. Applicability 2 Section 1005. Severability 2 ARTICLE 2 DEFINITIONS Section 2000 Purpose 3 Section 2001 Word .Usage 3 Section 2002. Definitions 3 ARTICLE 3 AREAS OF APPLICABILITY, DELINEATIONS O F BOUNDARIES, & EXEMPTIONS Section 30Q0. Areas of Applicability 7 Section 3001. Delineation and Interpretation of Boundaries 7 Section 3002. Exemptions 8 ARTICLE 4 DEVELOPMENT CRITERIA & PERFORMANCE STANDARDS Section 4000. General Performance Criteria 10 Section 4001. Development Criteria for Resource Protection Areas 12 i0 :Section 4002. Performance Standards in Resource Protection Areas 14 Section 4003.. Water Quality Impact Assessment 17 ARTICLE 5 ADMINISTRATIVE PROCEDURES AND- ENFORCEMENT , Section 5000. Plan of Development Process 22 Section 5001. Nonconforming Uses and Nonconforming Structures 27 Section 5002. Exceptions 28 Section 5003. Enforcement, violation and penalties 29 Appendix B-1 Chesapeake Bay Preservation Area Ordinance ARTICLE 1 TITLE, PURPOSE, AND AUTHORITY :Section 1000. Title. This ordinance shall be known and referenced as the "Chesapeake Bay Preservation Area Ordinance" of Isle of Wight County, Virginia. Thin Ordinance. is also commonly referred to as the "CBPA" Ordinance. Section 1001. Findings of Fact. The Chesapeake .Bay and its tributaries. are one of the most important and productive estuarine systems in the world, providing economic and social benefits to the citizens of Isle of Wight County and the Commonwealth of Virginia. The health of .the Bay is vital to maintaining Isle of Wight County's economy and .the welfare of its citizens. The Chesapeake Bay waters have been degraded significantly by many sources of pollution, including nonpoint source pollution from land uses and development. Existing high quality waters are worthy of protection from degradation to guard against further pollution. Certain lands that. are. adjacent to the Shoreline have intrinsic water quality value due to the ecological and biological processes they perform. Other lands .have severe development constraints from flooding, erosion; and soil limitations. Protected. from disturbance, they offer significant ecological benefits by providing. water quality maintenance. and pollution control as well as flood and shoreline erosion control. These lands together, designated by the Board of Supervisors as Chesapeake Bay .Preservation Areas (hereinafter "CBPAs"), need to be protected from destruction and damage in order to protect the 11 quality of water in the Bay and consequently the quality of life in Isle of Wight County and the Commonwealth of Virginia. Section 1:002.. .Purpose and Intent. This .ordinance is enacted to implement the requirements of Section 10.1-2100 et sect., of the Code of Virginia, the Chesapeake Bay Preservation Act, and amends Appendix _B-1 of the Isle of Wight County Code, known also as the Chesapeake Bay Preservation Area Ordinance. The purpose and intent of this Ordinance is to: a. protect existing high quality. state waters; b. restore all other .state :waters to a condition. or quality that will permit all. reasonable public uses.. and will support the propagation and growth of aquatic life, which might reasonably be expected to inhabit them; c. safeguard the clear waters of the Commonwealth from pollution; d. prevent any increase in pollution; e. promote water resource conservation in order to provide for the health, safety, and welfare of the present. and future citizens of Isle of Wight County. Section .1003.. Relationship to Referenced Laws, Other County Ordinances and Guidance Documents i A. The .requirements of this ordinance supplement the county's land development ordinances, including existing zoning. and subdivision ordinances and regulations. It imposes specific regulations for development and other land uses within the Isle of Wight County preservation area. In the event of inconsistency between the provisions of this ordinance and the provisions established in other applicable ordinances, the more restrictive or stringent provisions shall apply. B. Permitted uses, special permit uses, accessory .uses -and special requirements shall be as established by the zoning ordinance and the underlying zoning district, unless specifically modified by the requirements of this ordinance. C. Lot size shall also comply with requirements of the underlying zoning district in .the zoning ordinance, provided that all lots shall have sufficient area outside the Resource Protection Area to accommodate an intended development, in accordance with the performance .standards in Section 4002, when such development is not otherwise allowed in the Resource Protection Area. B. References in this. ordinance to any law statute, ordinance, rule or regulation. in .force on .the date of adoption of this ordinance shall .include any. subsequent. amendments or revisions, E. Guidance documents prepared by the Chesapeake Bay Local Assistance Board shall be used as references in the administration and interpretation of thus ordinance. Where there appears to be a conflict between this ordinance and the guidance documents, the ordinance shall take precedence. Section 1.004. Applicability A. No person shall develop, alter, or use -any land for residential, commercial, industrial, or civic uses, nor conduct agricultural, f shery or forestry activities. in the Isle of Wight County preservation -area .except in compliance with .the provisions of his ordinance. B. No development or resource utilization activity shall be permitted until .all applicable approving. authorities shall determine that the proposed development or activity is consistent with the goals and objectives of the Isle of Wight County preservation area program. Section 1005... Severabilty If an section ara ra h subdivision clause hrase or rovision of y ,P g P ~ ~P p this ordinance shall be adjudged invalid or held unconstitutional, such a ruling shall riot. affect the validity of the remainder of this ordinance. .ARTICLE 2 DEFINITIONS Section-2000. Purpose It is the purpose of this Article to define words, terms and. phrases contained within this ordinance and other applicable teams. , Section 2001. Word.. Usage In the interpretation of this ordinance, the provisions and rules of this section shall be observed and. applied, except when the context clearly requires otherwise:. a. Words used or defined in one tense or form shall include other tensesand derivative forms. 13 b. Words in the singular number shall include the :plural number. and words in the plural number shall include the singular number. c. .The specific shall control the. general. d. The word "person" includes a "firm, association, organization, partnership, trust, company," as well as an "individual." e. Any words pertaining t© gender shall: be interchangeable. The . wor d he shall also mean she ,and she shall also mean he . f. The words "used" or "occupied" include the words "intended; designed, or arranged to be used or occupied." g. The word "lot" includes the words "plot" or "parcel." h. The word "shall" is mandatory; the words "may" and "should" are ermissive. P i. In case of any difference of meaning or implication between the text of this ordinance and any caption, illustration, or table, the text .shall control. j. All public officials, .bodies, and agencies referred to in this ordinance are those of .Isle of Wight County, Virginia, unless otherwise specifically indicated. Section 2002. Definitions. The following words and terms used in these regulations shall have the following meanings, unless the context clearly indicates otherwise. a. "A ricultural lands" mean those lands u ed r t g s fo he tilling of the . s ~l• o ,the growing of crops or plant growth of any kind m the open, including forestry; pasturage; horticulture; dairying; floriculture; or raising of poultry and/or livestock. b. "Best Mana ement Prac ' " ' tices BMP s means a ra ti c ce or g ~ ) P , combination of practices, that are defined by a state agency or the Hampton- Roads .Planning District Commission guidelines to be '~ the most effective, practical means of preventing or reducing the ''~ amount. of pollution generated b .non oint sources to a level y P compatible with water uali gals. 9 ty g c. "Buffer area" means an area of natural or established vegetation ~ managed to protect other components of a Resource Protection Area and state waters from significant degradation due to land. disturbances. 14 ., ....... eooK 2~4 r~:. ~G$ d. '"Chesapeake Bay Preservation Area' (CBPA)" means .any land designated. by the. Board of Supervisors pursuant to Part III of the Chesapeake Bay Preservation Area Designation and Management Regulations, 9 VAC 10-20-et seq:, and Section 10.1-2..107 of the .Code of Virginia. A Chesapeake Bay Preservation Area: shall cbnsist of a Resource Protection Area and a ..Resource Management Area.. e. "Construction footprint" means. the area of all impervious surfaces, including but not limited to buildings,: roads and drives, _parking areas, sidewalks and the area necessary for construction of such improvements. f. "Development" means the construction, or substantial alteration of residential,. commercial, industrial, institutional, recreational, . transportation, or utility facilities or structures. This shall include any construction,: modification, extension or expansion of buildings or structures; placement of fill or dumping; storage of materials; land excavation; land clearing; land improvement; or any combination of these activities, including the subdivision of land. g. "Diameter at breast height (DBH)" means the diameter of a tree measured outside the bark at a point 4.5 feet above the- ground. h. "Dripline" means a vertical projection to the ground surface from 'the furthestlateral extent of a tree'sleaf canopy. i. "Impervious cover" .means a surface composed of any. material that significantly impedes or prevents natural infiltration of water ..into the soil. Impervious. surfaces include, but are not limited to: ..roofs, buildings, streets, parking areas, and any concrete, asphalt, or compacted gravel surface. j. "Land Disturbing Permit" means apermit issued by the .County for clearing, filling, excavating, grading or transporting, or any combination thereof. k. "Limits of clearing" means the extent to which vegetation can be removed from a property as hown on a plan approved by .the County. 1. "Lot coverage" means the impervious `area of any lot or parcel including, but not.. limited to buildings, drives, parking areas, sidewalks,. patios, decks, etc. m. "Mitigation"..means measures. taken. o eliminate or minimize 15 •._.-_ damage to environmentally sensitive areas from land disturbing or development activities. Such measures may include, but are not limited to, avoiding the impact altogether, limiting the degree or magnitude of the action, repairing or restoring the affected environmental area, reducing the impact over time by preservation and maintenance, or replacing or providing a substitute environmental area. n. "Nonpoint source pollution" means pollution consisting of constituents such as sediment, nutrients, and organic and toxic substances from diffuse sources, such as runoff from agricultural and urban land development and use. o. "Nontida! wetlands" mean those wetlands other than tidal wetlands that are inundated or saturated by surface. or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support,: a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to Section 404 of the federal .Clean Water Act, in 33 C.F.R. 328.3b. p. "Noxious Weeds" means weeds such as Johnson grass, kudzu, and multiflora rose, including those identified by the Virginia Department of Conservation and Recreation as Invasive Alien Plant Species. q. "Plan of Development" means the process for plot plan, site plan, or subdivision. plate review to ensure compliance with Section 10.1-2109 of the. Code of Virginia and this Ordinance, prior to any clearing or grading of a site and the issuance of a zoning or building permit. r. "Point source pollution" means pollution. of state waters resulting from any discernible, defined or discrete conveyances. s. "Public. Road" means a publicly owned road designed and constructed in accordance with water quality protection criteria at leash. as stringent as requirements applicable to the Virginia Department of Transportation, including regulations promulgated pursuant to i) the Erosion and Sediment Control Law and. ii) the Virginia _Stormwater Management Act.. This definitionincludes roads where the Virginia Department of Transportation exercises direct supervision over the design or construction activities, or both, -and cases where secondary roads are constructed or maintained, or both, by local government in accordance .with the standards of that local government. 16 t. "Redevelopment" means the. process of developing land that is or has been previously developed. u. "Resource Management -Area (RMA)" means- that component of the Chesapeake Bay Preservation Area that is not classified as the Resource Protection Area. RMAs include eland types that, if , improperly used or developed,. have the potential for causing significant water quality .degradation or for diminishing the functional value of the Resource Protection. Area. v, "Resource Protection Area (RPA)" means .that component of the " :Chesapeake 'Bay Preservation Area comprised of lands .adjacent to water bodies .with perennial flaw that have an intrinsic water quality value due to the ecological and biological processes they perform. or are sensitive.. to impacts 'which may result in significan# degradation to the. quality of state waters. w.- "Silvicuitural activities" .means - forest management activities, including but not limited to -the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation, of property for reforestation that are conducted in accordance with the silvicultural best management practices developed and. enforced by the State Forester .pursuant to § 10.1-1.105 of the Code or Virginia and are located on property defined as real estate devoted to forest use under § 58.1- 3230 of the Code of Virginia. x. "Substantial alteration" means expansion. or modification of a building or development "that would result in a disturbance of land exceeding 2,500 square feet in the Resource Management Area only. y, "Substantial work":means that improvements have proceeded to where .vertical construction of the basic structure or walls has begun on a building or other ..structure or for other land improvements, that significant progress has been madetowards accomplishing the approved project: z. "Tidal shore" or "shore".means. land contiguous to a-tidal body of wa#er between the mean low water level and the mean high water IeveL aa. "Tidal. wetlands" means vegetated and nonvegetated wetlands as defined in Section 28.2-1300 of tMe Code of Virginia. ab. "Water-dependent facility" means a development of .land that cannot exist outside of the Resource Protection Area and 17 ,l ~o~K ~Z~ -,.:. 2~~ must be located on the shoreline by reason of the intrinsic nature of its operation. These facilities include, but are not limited to (i) ports; (ii) the intake and outfall structures of power. plants, water treatment plants, sewage treatment plants, and storm sewers; (iii) piers, marinas, and other boat docking structures; (iv) beaches and other public water-oriented recreation areas; (v) fisheries or other marine resources facilities;. and (vi) .shoreline and bank stabilization projects., where deemed necessary. ac. "Water Body with perennial flow" means a body of water that flows. in a natural or manmade channel year-round during, a year of normal precipitation. This includes, but is not limited to, streams, estuaries, and tidal embayments and may include .drainage ditches or channels -constructed in wetlands or from former natural drainageways, which convey perennial flow. Lakes and ponds, into which a perennial stream flows and perennial -flow exits, are part of.a perennial stream. Generally,. the water table is located. above the streambed for most of the year and groundwater is the primary source for stream flow. Perennial .flow can be inferred by the presence of biological indicators, benthie macroinvertebrates ..that. require water for entire life cycles, or by using an approved stream determination protocol. ad. "Wetlands" means trial and nontidal wetlands. ae. "Zoning Administrator" means -the .person designated as he official responsible for enforcing. and administering all requirements of the County Zoning Ordinance, or a duly authorized designee. ARTICLE 3 AREAS OF APPLICABILITY, DELINEATIONS OF BOUNDARIES, & .EXEMPTIONS Section 3000. Areas of Applicability. A. The Chesapeake Bay Preservation Area (CBPA) Ordinance shall apply to all lands within the Chesapeake Bay drainage basin. The limits of this. area are generally shown on the Chesapeake Bay Preservation Area maps adopted by the Board of Supervisors, which together with all explanatory matter thereon, are adopted as a part of this .Ordinance... This information may be supplemented. by digital mapping resources in the course of administering the provisions of this ordinance. B. ;The Chesapeake Bay Preservatidn Area shall be divided into two areas consisting of the. following: I8 ~ _ i ~~~~ 2~ ri.~-~~~ 1, The Resource Protection Area (RPA), which shall include: a. Tidal wetlands;.: b. Nontidal ..wetlands connected by :surface flow and contiguous to tidal wetlands or water bodies with perennial. flow; c. .Tidal shores; d. Water bodies with .perennial flow, including streams, rivers,. lakes. and ponds; e, Qther lands as may be designated by the. Board of Supervisors and shown on the CBPA maps; and, f . A vegetated buffer area not less than 100 feet in width located adjacent to, landward. of, and on both sides of the ;resources listed in subsections a. through e. above. 2. The Resource Management Area {RMA) shall consist of all areas within the Chesapeake Bay watershed. Section 3001. Delineation and Interpretation of Boundaries. A. The site-specific boundaries of the Resource Protection Area shall be provided by the applicant. The applicant shall delineate specific boundaries of the RPA through the performance of an environmental site. assessment to be approved by -the Zoning Administrator in accordance with Section 5000.8 of this ordinance. 1. Delineation of the RPA shall include the designation. of perennial water bodies by use of a scientifically valid system of in-field indicators of perennial flow or other means approved by the Zoning Administrator. The site-specific delineation of he RPA shall. be undertaken by the applicant and approved by the ..Zoning Administrator. 2. All components included in the Resource Protection Area (Section 3000, B. 1. above) shall be delineated separately, and shall be .prepared by a person trained,. qualified and experienced in performing wetland delineation work, such as an environmental engineer, environmental scientist, soil scientist, biologist or geologist. - 3. Wetlands delineations shall be performed consistent with the ..procedures specified. in the- Federal Manual for Identi ing and Delineating. Jurisdictional Wetlands, 19.87, and shall be verii:ied 19 by the U. S. Army Corps of Engineers, where it determines it has jurisdiction. 4. The Chesapeake Bay Preservation Area Maps may be used as a guide to the general location of Resource Protection Areas, but shah not be a substitute for an on-site delineation. 5. This- requirement may be waived by the Zoning Administrator when the proposed use or development and all associated land disturbing activities. will clearly be located outside of a Resource Protection Area, based on an evaluation by the Zoning Administrator and after referral to the Board of Supervisors. 6. Delineations shall be valid for a period of f ve years. B. Where the applicant has provided a determination of the Resource .Protection Area, the Zoning Administrator shall inspect the side and verify the accuracy of the boundary delineation. In determining the site-specific RPA boundary, the Zoning Administrator may consider previously submitted delineations and materials and consult with qualified specialists, including. any private, state or .federal resources available to the County. In the event the adjusted boundary delineation is contested by the applicant, the applicant may seek relief, in accordance with the provisions of Section SOOO.H (Denial/Appeal of Plan). C. If the boundaries of the Resource Management Area includes only a portion of a lot, parcel, or development project, the entire lot, parcel, or development project shall comply with the requirements of .this Ordinance. The division of property shall not constitute an exemption from this requirement. Section 3002. .Exemptions. The following uses and activities are exempt from the provisions of this ordinance provided that all of the requirements listed below are met. A. Exemptions for Public Utilities, Railroads, Public Roads,. and Facilities:. Construction, installation, operation, and maintenance of .electric, natural gas, fiber-optic, and telephone transmission lines, railroads, and public roads and their -appurtenant structures in accordance 'with (i) regulations promulgated pursuant to the Erosion and Sediment Control Law (~ 10.1-560 et sea. of the Code of Virginia) and the Stormwater Management Act (§ 10.1-603.1 et seq. of the .Code of'Virginia}, (ii} an erosion and sediment control plan and a stormwater management plan approved by the Virginia Department of Conservation and Recreation, or (iii) local water quality protection criteria at least as stringent as the 20 s above .state requirements aze deemed to comply with this Qrdinance. The :exemption of public roads is further conditioned on the following: 1. The road alignment and design has been optimized, consistent with all applicable requirements, to prevent or otherwise- minimize .the encroachment in the Resource Protection Area and to minimize-the adverse effects orrwater quality.. B. Exemptions :for Local Utilities and other service: lines: Construction, installation, and. maintenance of water, sewer,. natural gas, underground telecommunications and cable television lines owned, permitted. or both, by a local government or regional service authority shall be exempt from this Qrdinance provided that:. 1. To the degree possible, the location of such utilities and facilities should be outside Resource Protection Areas; 2. No more land shall be disturbed than is necessary to provide for the proposed. utility installation; . 3. All such construction, installation,. and maintenance of such utilities and facilities shall be in compliance with all applicable state and federal requirements and permits. and designed and conducted in a manner that protects.water quality; and 4. Any land disturbance exceeding an area of 2,500 square. feet complies. with Isle of Wight County erosiorrand sediment control requirements. C. Exemptions- for Silvicultural Activities: Silvicultural activities are exempt from the requirements of this Ordinance provided that silvcultural operations .adhere to water quality protection. procedures prescribed by the Virginia Department of Forestry in the January 1497 edition of "Best Management Practices for Forestry Operations." The Virginia Department of Forestry will oversee and document installation of best. management practices and will monitor in-stream.. impacts of . forestry practices in Chesapeake Bay Preservation Areas. , ' D. Exemptions in Resource Protection Areas: The following land disturbances in Resource Protection Areas may. be exempt from this Ordinance provided that they comply. with the requirements .listed in .subsections 1 through 4 below and obtain a zoning. permit. from. the .Zoning Administrator: (i) water wells; (ii) passive recreation facilities such as boardwalks, walking .trails, and pathways; and (iii) historic preservation and archaeological activities. 1. Any required permits, except those to which. this. exemption specifically applies, shall have been issued; and 21 Z. Sufficient and reasonable proof is submitted that the intended use will not deteriorate water quality; and 3. The intended use does not conflict -with nearby planned or approved uses. 4. Any land disturbance exceeding an area of 2,500 square feet shall comply with Isle of Wight County erosion and sediment control requirements. 5. Boardwalks, walking trails and pathways shal} not exceed five (5) feet. in width. and shall be paved .with a permeable material. For purposes of this section, boardwalks shall consist of an elevated public pedestrian walkway constructed along a shoreline or beach. ARTICLE 4 PERFORMANCE STANDARDS A1VD DEVELOPMENT CRITERIA Section 4000. General Performance Standards. A. Purpose and Intent. The performance standards establish the means to minimi2e erosion and sedimentation potential, reduce land application of nutrients and toxics, and maximize rainwater infiltration. Natural ground cover, especially woody vegetation, is most effective in holding soil in place and preventing site erosion. Indigenous vegetation, with its adaptability to local- conditions without the use of harmful fertilizers or pesticides, filters stormwater runoff. Keeping impervious cover to a minimum .enhances .rainwater infiltration and effectively reduces :stormwater runoff potential. The purpose and intent of these requirements is also to implement the following objectives; 1. prevent a net increase in nonpoint source pollution from new development; 2. achieve a 10% reduction in nonpoint source pollution .from redevelopment; and, 3. achieve a 40% reduction in nonpoint source pollution from agricultural -uses. B. General Performance Standards for Development and: Redevelopment in the Chesapeake Bay Preservation Area. _ 22 se~~ 24.~,~2i~ l . Land- disturbance shall be limited. to thearea necessary to provide for the proposed use or development. . a. In accordance with an approved plan of development, the limits of clearing or grading shall be strictly defined by the. , construction footprint. The Zoning Administrator shall review and approve the construction footprint .through the.. plan of development process. These limits shall be clearly shown on submitted plans and physically marked in the development site. b. Ingress and. egress during construction shall be limited to one access point, unless otherwise approved by the Zoning Administrator. 2, Indigenous vegetation shall be preserved. to the maximum extent practicable consistent with .the proposed use or development permitted and in accordance with the Virginia Erosion and Sediment Control Handbook. a. Existing trees. over 8 inches diameter at .breast. height (DBH) shall be preserved outside the approved construction footprint in accordance with the same standards established in Section 4002 B. 1, b. Site clearing for construction activities shall 6e allowed as approved by the Zoning Administrator through the .plan of development review process outlined under Section 5000 of this Ordinance. c. Prior to clearing and grading, suitable protective barriers, like. safety fencing,. shall be erected 5 feet outside the dripline of any tree or stand of trees to be preserved. Protective barriers shall .remain throughout al phases of construction:. The storage of equipment, materials, debris, or fill. shall not be allowed. within the area protected by the barrier.- ' 3. Development on slopes greater than fifteen percent. (15%) shall be prohibited unless such -development is demonstrated to be the only effective way to maintain or improve slope stability. 4. Land development shall minimize impervious cover consistent with_the proposed use or development. Impervious coverage. on any lot or parcel ,hall be limited to the lot. coverage .permitted under the zoning district requirements of said lot or parcel, but in no case shall exceed 60% of the,total site. 23 5. Notwithstanding any "other provisions of this Ordinance or exceptions or exemptions thereto, any land disturbing activity exceeding 2,500 square feet, including construction of single- family houses,. shall comply with the requirements of the Erosion and Sediment Control Law, Chapter 6 of the County Code. b. All development and redevelopment within RMAs and RPAs that exceeds 2,500 square feet of land disturbance shall be subject to a plan of development process, including the approval of a site plan in accordance with the provisions of Section 5000 of this ordinance; or a subdivision plan in accordance with the Subdivision Ordinance; or a Water Quality Impact Assessment in accordance with Section 4003 of this Ordinance. 7. All on-site sewage. disposal. systems not requiring a Virginia Pollution Discharge Elimination System (VPDES) permit shall be pumped out at least once every five years, unless the owner submits documentation every five years, certified by a sewage handler permitted by the Virginia Department of Health, that the septic system ,has been .inspected, is functioning, and .the tank does not need the effluent pumped out. 8. A reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site shall be provided, in :accordance with the Isle of Wight County Health Code.. This. requirement shall not apply to any lot or parcel recorded prior to : October 1, 1989 when a reserve sewage disposal site is not available, as determined by the local Health Department. Building or the construction of any impervious surface shall be prohibited on the area of all sewage. disposal sites or on an on-site sewage treatment system which operates under a permit issued by the State .Water Control Board, until the structure is served by public sewer. 9. For any use or development, stormwater runoff shall be controlled by the use of best management practices consistent with the water .quality protection provisions of the. Virginia stormwater Management Regulations (4 VAC 3-20-10 et seq.} a. For development, the post-development nonpoint source pollution runoff load. shall not exceed the pre-development load, and at a minimum shall be equal to or less than - 0.45. lbs. of phosphorus per .acre per year. For purposes of administration, an impervious surface of .sixteen .percent (l 6%} of the total lot area shall be considered the equivalent, based on the- calculated average land cover condition of Tidewater, Virginia;. 24 ~e~r. ~~ ~T=~~~~~ b. For redevelopment sites, the nanpoint source pollution load shall be reduced by at least l0 percent. The Zoning .Administrator may waive or modify this requirement for redevelopment sites.: that originally incorporated best management. practices for stormwater runoff quality control, provided the following provisions are satisfied:: i. The post-development r~onpoint source pollution runoff load shall not exceed the pre- development load; . ii. Runoff pollution loads. shall be calculated and the BMPs selected for the expressed purpose. of controlling nonpoint source pollution; iii. If best management practices.. are structural, evidence shall be provided that facilities are currently in good. working order and performing at the design levels of service. c. All Best Management. Practices (BMP's) shall be properly and regularly maintained to insure that they continue to function as originally designed. A storm. water maintenance agreement shall be required of the owner for all structural BMP's in a manner and form acceptable to the County. Attorney and Zoning Administrator, and shall be recorded in the Circuit Court Clerk's Office. 10. Prior. to initiating grading or other on-site activities on .any portion of a lot or parcel, all wetlands permits required by federal, state, and local. laws and regulations. shall be obtained and evidence of such submitted to the Zoning ,Administrator, in accordance with Section 5000, of this Ordinance. 11. .Land upon which agricultural activities are being conducted shall undergo a soil and water quality conservation assessment. .Such. assessments .shall evaluate the effectiveness of existing practices pertaining to soil erosion and sediment control, nutrient management and management of pesticides, and where necessary, results in a plan that outlines additional practices needed to ensure. that water quality protection is :accomplished consistent with this Ordinance. Section 4001.. Development Criteria for Resource Protection Areas. 25 ao~r Z4 .. ~~~y A. Land development in Resource Protection Areas may be allowed in accordance with other County Ordinances only when permitted by the ..Zoning Administrator and if it: i. is water-dependent; or ii. constitutes redevelopment; iii. is a new use subject to the provisions of Section 4002 B. 2. of this Ordinance; iv. is a road or driveway crossing satisfying the conditions set forth in Section 4001.A.3 below; or, v, is a flood control or stormwater management facility that drains or treats water from multiple development projects or from a significant portion of a watershed provided i) the local government has conclusively established that the location of the facility within the Resource Protection Area is .the optimum location; ii) the size of the facility is the minimum necessary to provide .for .flood control, stormwater management, or both; iii) the facility must be consistent with a stormwater management program that has been approved by the Board as a Phase 1 modification to the local government's program; iv) all applicable permits for construction in state or ,federal waters must be obtained from the appropriate state or .federal agencies; v) approval must be received from the local government prior to construction; and vi) routine maintenance is allowed to be performed an such facilities to assure that they continue to function as designed. It is not the intent of this. subsection to allow a best management practice that collects and treats runoff from only an individual lot or some portion of the lot to be located within a Resource Protection Area. T. Anew or expanded water dependent facility may be allowed provided that the following criteria are met: a. It does not conflict with the comprehensive plan; b. It complies: with the performance .criteria set forth in Section 4001 and 4002 of this Ordinance; c. Any. nonwater- dependent component is located outside. of the RPA; and d. Access to the water-.dependent facility will. be 26 t provided. with the .minimum disturbance necessary. Where practicable, a single point of access will be ....provided . 2. Redevelopment on isolated redevelopment sites shall be permitted only if there is not an increase in the amount of impervious. cover and no further encroachment occurs within the RPA and it .shall conform to applicable erosion and sediment control. requirements outlined. under 4000.B.5 and the stormwater management requirements outlined under Section 4000.B(9} of this Ordinance. For purposes of this section, in redeveloping a site, the encroachment of a proposed building or structure shall be based only on the location of existing buildings or structures, or the locations- of legally established historical. buildings or structures, and shall not be based on other impervious cover (i.e. driveways, sidewalks, patios, decks,. etc.) located on the site. (Amended 12/1 S/04) 3. Roads and driveways not .exempt under Section 3002 and which, therefore, must comply with the provisions of this Ordinance, may be constructed in or across RPAs if each of the following conditions are met: a. The Zoning Administrator makes a finding that there are no reasonable .alternatives to aligning the road. or drive in or across the RPA; b. The alignment and design of the road or driveway are optimized,. consistent with other .applicable requirements, to minimize encroachment in the RPA and minimize adverse. effects on .water quality; c. The design and construction of the` road or driveway satisfy all applicable criteria of this Ordinance; d, The Zoning Administrator reviews the plan .for the road or driveway proposed in or across the RPA in coordination with ~I the plan of development requirements as required under ', Section 5000 or subdivision: plan. B. A water quality impact assessment as outlined in Section 4003 of this Ordinance .shall be required for any proposed land disturbance) .development or redevelopment within Resource Protection Areas. Section 4002. Performance.Standards in Resource Protection Areas. A. Purpose. and Intent 27 ~o~+ 2~ ::::-2Z1 To minimize the adverse effects of human activities on the other components of Resource Protection Areas. (RPA), state waters, and aquatic life, a 100-foot wide buffer area of vegetation that is effective in retarding runoff, preventing. erosion, and filtering nonpoint source pollution. from runoff shall be retained if present and established where it does not exist. - The buffer area shall be located adjacent to and landward of other RPA components and along both sides of any water body .with perennial flow. The 100-foot full buffer area shall be designated as the landward component of the Resource Protection Area, in accordance with Section- 3000 and Section 5000 of this Ordinance. Notwithstanding permitted uses, encroachments, and vegetation clearing, as set .forth in Section 4001 and this section, the 100-foot buffer area is not reduced in width. The 100-foot buffer area shall be deemed to achieve a 75 percent reduction of sediments and a 40 percent reduction of nutrients. B. General: Performance Standards for Development and Redevelopment. 1. Permitted modifications to the buffer area. Note: Please refer to the Riparian Buffer Guidance Manual prepared by the .Virginia Chesapeake Bay Local Assistance Board .for additional information and .guidance on the modifications to the buffer area permitted below. a. In order to maintain the functional value of the buffer area, indigenous vegetation may be removed only, subject to approval by the Zoning Administrator who may require a Plan of Development in accordance with Section 50001 to provide for reasonable sight lines, access .paths, and general woodlot management, and best management practices, including those that- prevent upland erosion and concentrated flows of stormwater, as follows: i. Trees may be pruned or removed as .necessary to provide for reasonable sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint. source. pollution from runoff. ii. Any path -shall be constructed and surfaced so as to effectively control erosion. • ~o~~ 24:~,~~~~ iii. Dead, diseased, or dying trees: or shrubbery and noxious weeds {such as Johnson grass, ..kudzu and multiflora rose) may be removed and thinning of trees allowed as permitted by the Zoning Administrator pursuant to sound horticultural practices. iv. For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques `employed, and appropriate vegetation. established to protect or stabilize the shoreline in accordance with the best available technical advice and .applicable permit conditions or requirements. 2. Permitted. encroachments into the- buffer area.- a. When the application of the buffer areas would result in the loss of a buildable area on a lot or parcel .recorded prior to October 1, .1989, the Board of Supervisors may consider an exception in accordance with Section 5002 of " this Ordinance that permits an encroachment into the. buffer .area in accordance with Section 5000 and .the following criteria: i. Encroachments into the- buffer areas shall be the minimum necessary. to achieve a reasonable buildable .area for a principal .structure .and necessary utilities.; ii. Where practicable, a vegetated area " that .will maximize. water quality. protection, mitigate the effects of the buffer- encroachment,. and is equal to the area of encroachment into the buffer area shall be established elsewhere on the lot or parcel; and. iii. The encroachment -shall note. extend .into the seaward SD feet of the buffer area. b. When the application of the buffer area would result in the loss of a buildable area on a lot or parcel. recorded between October 1, 1989 and March 1, 2002, the Board of Supervisors may consider an exception in accordance with Section 5002. of this. Ordinance that permits an encroachment into the buffer .area in accordance with Section 5000 and the following criteria:" 29 i. The lot or parcel was created as a result of a legal .process conducted in conformity. with the local government's subdivision regulations; ii. Conditions or .mitigation measures imposed through a previously approved exception .shall be met; iii. If the use of a best management practice. (BMP) was previously required, the BMP shall be evaluated at the expense of the owner to determine if it continues to function effectively and, if necessary, the BMP shall be reestablished or repaired and maintained as required; and iv. The criteria in subsection 2 a. above for lots recorded prior to October 1, 1989 shall be met. 3. Establishment of -the Required Buffer a. Where a buffer has been reduced or does. not exist, a landscaping plan pursuant to Section 5000 C. shall be submitted and approved prior to issuance of any zoning or building permit. The landscaping plan shall be implemented in full or surety provided to the County pursuant to Section 5000 F. 2. prior to issuance of a certificate of occupancy. b. In determining and approving an appropriate buffer, the Zoning .Administrator .shall take into consideration adequate space around existing structures and other factors unique to the site. c, In determining the need for establishing the required buffer, staff .may rely on the latest aerial photographs, actual site visits, .and other appropriate resources available. d. This subsection shall not apply to the conversion from agricultural or silviculturat uses, which shall be governed by Section 4002 B. S. 4. 4n agricultural lands the agricultural. buffer area shall be managed to prevent concentrated flows of surface water from breaching the buffer area and appropriate measures may be taken to prevent noxious weeds .from invading the buffer .area Agricultural activities may encroach into the buffer area as follows: 30 _ Donn ~~ 'n~t~~~~ a. Agricultural activities may encroach into the landward 50 feet of the 1.00-foot wide buffer area when at least one agricultural best management practice, which, in the opinion ofthe Peanut Soil and.Water Conservation District, addresses the more. predominant water quality. issue on the adjacent-.land -erosion control or nutrient management - is being implemented on the adjacent land, provided that the , combination of the undisturbed buffer area and the best management practice_achieves water quality protection, pollutant removal, and water resource conservation at least the equivalent of the 1 Q0-foot wide buffer area.. If nutrient .management is identified as the predominant water :quality issue, a nutrient management plan, including soil test, must be developed consistent with the "Virginia Nutrient Management Training and Certification Regulations (4 VAC 5-15 et seq. administered by the Virginia Department ~~ of Conservation. and Recreation. b. Agricultural activities may encroach within the landward 75 feet of the 100-foot wide buffer area. when .agricultural best management practices which address erosion control, nutrient management, and pest chemical. control, are being implemented on the adjacent land. The erosion control practices must prevent erosion. from exceeding the soil loss tolerance level, referred to as "T", as defined in the "National Soil Survey Handbook" of November 1996 in :.the "Field: Office Technical Guide" of the U. S. Department of Agriculture Natural Resout~ce Conservation Service. A nutrient .management. plan, including sail test, must be developed consistent with the.. "Virginia Nutrient Management Training and Certification Regulations (4 VAC 5-15 et seq. administered by the Virginia Department of Conservation and Recreation. In conjunction with the remaining buffer -area, this collection of best management practices. shall be presumed to achieve water quality. protection at .least the equivalent of that provided by the i 00-foot wide buffer area. a The buffer area is not required to be designated adjacent to agricultural drainage ditches if the. adjacent agricultural .land has in place at least one best management practices: as considered by the Peanut Soil and Water Conservation District to address the more predominant water quality issue on the adjacent land -either erosion control or nutrient management. 31 ~o~K 24 :~~. ~~~ d. If specific problems are identified pertaining to agricultural activities which are causing pollution of the nearby water body with perennial flow or violate performance standards pertaining to the vegetated buffer area, the zoning administrator, in cooperation with ,soil and water conservation district, shall recommend a compliance schedule to the landowner and require the problems to be corrected consistent with that schedule. This schedule shall expedite environmental protection -while taking into account the seasons and other temporal conditions so that the probability for successfully implementing the corrective measures is greatest. e. In cases where the landowner or his agent or operator has refused assistance from the soils and water conservation district in complying with or documenting compliance with the agricultural requirements of this ordinance, the district shall report the noncompliance.to the zoning administrator. The zoning administrator shall require the landowner to correct the problems within a specified period of time not to exceed 18 months from- the initial notification of the deficiencies to the landowner. The zoning administrator, in cooperation with the district, shall recommend a compliance schedule to the landowner and require the problems to be corrected consistent with that schedule. .This schedule shall expedite environmental protection while taking .into account the seasons and other temporal conditions so that the .probability for successfully implementing the. corrective measures is greatest. 3. When agricultural or silvicultural uses within the buffer area cease, and the lands are proposed to be converted to other uses, the full 100-foot wide buffer area shall be reestablished. In reestablishing the buffer, management measures .shall be undertaken to provide woody vegetation. that assures the buffer functions are maintained or established. 4. Prior to any land disturbing activities or any development of a lot or .parcel,. a permanent sign shall be installed by the owner or developer identifying the landward limits of the RPA. Such signs shalt conform to general guidelines established by the Zoning Administrator and approved by the Board of Supervisors as to size, design, color, .material, location and content and shall be installed and maintained at the expense of the owner or developer in accordance .with those guidelines. Signs may be obtained from the County, at cost, or may be provided by the developer. 32 ~Q~~ 24 .r ;-226 Section 4003. .Water .Quality Impact Assessment A. Purpose and Intent The purpose of the water quality impact assessment is to: (i) identify the impacts of proposed land disturbances development or redevelopment on water quality and lands in RPAs and .other environmentally sensitive lands; {ii) ensure that, where land disturbanceL development or redevelopment does take place .within RPAs and other sensitive lands, it will. be occur on those portions of a site and in a manner that will be least disruptive to the natural functions of RPAs and other. sensitive lands; (iii) to protect individuals from investing funds for improvements proposed for location on elands unsuited for such development because of high ground water, erosion, or vulnerability to flood and storm damage; (iv) provide for administrative. relief. from terms of this .Ordinance. when warranted and in accordance with -the requirements contained herein; and (v) .specify mitigation which will address water quality protection. B. Applicability A water quality impact assessment. shall be required for .any development or rezoning in the Chesapeake Bay Preservation Area which: i, will disturb any portion of the .100 foot buffer area-of an RPA, or .any component identified in Section 3000 B (1); ii. contains ten (10) acres or more for any use, other than a :development of single,family detached residential lots; iii. contains twenty-five (25) acres or more for the development of single family detached residential lots; or, iv. any other development that. may warrant such assessment due to unique characteristics of the site or intensity of the proposed use or development, as -may be required-by the zoning administrator. C, Contents. of the Impact Assessment The information required below shall be considered a minimum, unless the Zoning Administrator determines that some of the elements are unnecessary due the scope and nature of the proposed.- use and .development of land.. 1. A site .plan, which shall, at a minimum, contain the following: ao~c 2~ ,.. ? ~7 a. Location of the components of the Resource ' Protection Area, .including the 100 foot buffer area delineated in accordance with .Section 3001; (Amended 1.2/ 18!04) b. Location and nature of the proposed encroachment into the buffer area, including, type of paving material; .areas of clearing or grading; .location of any structures, drives,, or other impervious.. cover; and sewage disposal .systems or reserve drainfield sites; c. Type and location of .proposed best management practices to mitigate the proposed encroachment; d. Location of existing vegetation onsite, including the number and type- of trees and other vegetation to be .removed in the buffer to accommodate. the encroachment or modification; e. Re-vegetation plan that supplements -.the existing buffer vegetation in a manner that provides for pollutant removal, erosion and runoff control. ~. A hydrogeological element that: a. Describes .the existing topography, soils, and.- h drolo of the site nd a 'a y gy a d~ cent lands. b. Describes the impacts of the proposed development on topography, soils, .hydrology and geology on the site and adjacent lands. c.: Indicates the following: i. Disturbance or removal of wetlands and justification for such action; ii. Disruptions or reductions in the su`^~ l of w pp y ater to wetland,. streams, lakes, .rivers or other water bodies; y iii. Disruptions to existing hydrology including wetland and stream circulation patterns; iv. Source location of and description of proposed fill material; 34 so~~ 24 :.:: ~2~3 v. Location Qf dredging and location of dumping azea for such dredged material;: vi. Estimation of pre- and posh development.: pollutant loads in runoff; m " vii. Esti ation of .percent increase in impervious surface. on site, type(s) of surfacing material used; viii. Percent of site to be cleared for project; ix. Anticipated duration and phasing schedule of construction project; x. Listing of all requisite permits from all applicable agencies. necessary to develop project. d. Describes the proposed mitigation measures for the potential hydrogeolagical impacts.. Potential mitigative measures include: i, Additional proposed erosion and sediment control concepts beyond those normally required under. § 4QOO.B(5) of this Ordinance; these additional concepts may include tfie .following: minimizing the. extent of .cleared area; perimeter controls; .reduction of runoff velocities; measures to stabilize disturbed areas; schedule and personnel for site inspection; ii. Proposed stormwater management system for nonpoint source quality and quantity control; 3. A vegetative element-that: a. Identifies and delineates the location of all woody plant material on site, including all trees on site 8 inches or greater diameter at breast. height or, where there are groups of trees, said tands may be outlined. b. Describes the impacts the development or use will have on the existing vegetation. -Information should include:. i. General limits of :clearing, based on all anticipated i m i l mprove ents, nc uding buildings, drives, and utilities; ii, Clear delineation of all trees and other. woody vegetation which will be removed; 35 iii. Description of all plant species to be disturbed or removed. c. Describes the. proposed measures far .mitigation. Possible mitigation measures include: i. Proposed design plan and replanting schedule for trees -and other woody vegetation removed for. construction,: including a list of proposed plants and trees to be used; ii. Demonstration that the re-vegetation plan. supplements the existing buffer vegetation in a manner that provides for. pollutant .removal, erosion and runoff control; iii. Demonstration that the design of the plan. will preserve to the greatest extent possible any significant trees and vegetation on the site and will provide maximum erosion control and overload flow benefits from such vegetation; iv. Demonstration that ,indigenous plants are to be used to greatest extent possibl . 4. In the. case of a WQIA for shoreline and bank stabilization projects and piers, the following items shall be required: a. An environmental assessment in accordance with Section SOOO.B; b. A landscaping plan in accordance with Section 5000.C c. A storrnwater management plan in accordance with Section SOOO,D, if deemed necessary by the Zoning Administrator;. d. An erosion and sediment control plan in accordance with Section SOOO.E; and e. Project construction plans shall be certified as complete and accurate by a professional shoreline engineer or .other qualified professional. as well as a .determination as to the necessity of the project. , 5. For phased projects, an updated WQIA shall be provided for each phase to the County Planning and Zoning Department demonstrating the project's compliance. with the criteria of the original WQIA: An updated WQIA shall be required until all. phases of the project are complete. D. Submission, Review Requirements, and Evaluation Procedure ~a~~ Z4 ~~-.~2`~0 1. Twenty five (25} copies of .all site drawings and other applicable information: as. required by Subsection C above: shall be submitted to the Zoning Administrator for review.. 2. All information required in this section shall be certified as complete and accurate by a professional engineer or certified land surveyor qualified to prepare such information. 3. Upon receipt of a water quality- impact assessment, the Zoning Administrator will determine if review by CBLAD or any other state. agency is warranted. The Zoning Administrator will incorporate any comments received from such a review into the final report, provided that such comments are. received within 90 days of the. request.. 4. Upon receipt of a completed water quality ..impact assessment and receipt of all appropriate comments, the Zoning Administrator shall forward the information, to the Planning. Commission for consideration. For shoreline and bank- stabilization projects and piers consistent with the provisions of this ordinance, the Zoning Administrator .may grant j administrative approval of the water quality impact assessment. 5. The Planning Commission will determine .whether or not the .proposed development is consistent with the spirit and intent of this .Ordinance and make a recommendation to the Board of Supervisors. based upon the following criteria: a. Within any RPA, the proposed development is water-dependent or redevelopment; b. The percentage of existing wetlands disturbed by the development. The number of square feet or acres to be disturbed. ~~ c. -The development. will not result in significant disruption of the hydrology of the site; d. The development will not result in unnecessary destruction of plant materials on site; e. Proposed erosion and sediment control - concepts are adequate to achieve the reductions in runoff and prevent off-site sedimentation; f. Proposed stormwater management concepts are adequate to control the stormwater runoff to achieve "no net increase" in pollutant loadings; 37 ~a~~ ~4 ;.~~:~~~. g. .Proposed revegetation of disturbed areas will provide optimum .erosion and sediment control benefits, as well as runoff control and pollutant removal equivalent. of the full 100-foot undisturbed buffer area; h. The design and location of any proposed drainfield will be in accordance with the .requirements of Section 4000; 6, The Planning Commission shall recommend additional mitigation where potential impacts have not been adequately addressed, subject to final approval or modification by the Board of Supervisors. Evaluation of mitigation measures will be made by the Planning Commission based on the criteria listed above and` in subsections 5. 7. The. Planning Commission shall find the .proposal to be inconsistent with the purpose and intent of .this Ordinance when the impacts created by the proposal cannot be mitigated, subject to final approval or modification. by the Board of Supervisors. .Evaluation of the impacts will be made by the. Planning Commission based on the criteria listed in subsections. 5. ARTICLES ADMINISTRATIVE PROCEDURES AND ENFORCEMENT Section 5000.. Plan of Development Process Any development, or any redevelopment exceeding. 2500 square feet of land .disturbance shall be accomplished through a plan of development .process prior to any development preparation .activities onsite, such as clearing or grading of the site and the issuance of any .building permit, to assure compliance of all applicable requirements of this Ordinance. Modifications to the required buffer may require a plan of development, as determined by the Zoning Administrator. A. Required Information. In addition to the requirements of County Zoning Ordinance or the requirements of the County Subdivision Ordinance, the plan of development process shall consist of the plans and studies identified below, These required plans and studies may be coordinated or combined, as deemed appropriate by the Zoning Administrator. The Zoning Administrator may .determine that some of the following information is unnecessary. due to the scope and nature of the proposed .development. 38 • The following plans or studies shall be submitted, unless. otherwise provided for: l . A plot plan or site plan in accordance with .the .provisions of County Zoning Ordinance or subdivision plat in accordance with the provisions ofthe County Subdivision Ordinance; 2. An environmental site assessment. 3. A landscaping plan; 4. A stormwater management plan; 5. An erasion and sediment control plan `in accordance with the provisions of Chapter 6 of the County Code. ', B. Environmental Site Assessment. I An environmental site assessment shall be submitted in conjunction ~ with preliminary site plan or preliminary subdivision plan approval. 1. The. environmental site assessment shall be drawn to scale and ~'~ clearly delineate the. environmental components .identified in 'I Section 3000. B of this ordinance 2. Wetlands delineations shall be performed consistent. with the !~ procedures specified. in the Federal Manual: for Identifying and Delineating Jurisdictional Wetlands, 1.987 3. The environmental site assessment shall delineate the geographic extent of the Resource Protection Area on the specific. site or parcel as .required under Section 3001 of-this Ordinance; 4: The environmental site assessment shall be drawn at the same scale as the preliminary site plan or subdivision plat, and shall be certified as complete and .accurate by a professional engineer or a certified land surveyor. This requirement may be waived by the Zoning Administrator when the proposed 'use or development wilt be clearly located outside of an RPA, based upon an evaluation of the Zoning Administrator. C. Landscape .Plan. A landscape plan shall be submitted in conjunction with site plan review and approval or as part of subdivision plat .approval. No clearing or grading of any lot. or parcel will be permitted without an .approved landscape plan. 39 1 Landscape plans shall be prepared and/or certified by a design professional practicing within their areas of competence as prescribed by the Code of Virginia. l . Contents of the Plan. a. ' The landscape plan shall be drawn to scale- and clearly delineate the location, size, and description of existing and proposed plant material. All existing trees on the site 8 inches or greater diameter at breast height (DBH) shall be shown on the landscaping plan, or where there are groups. of trees, said stands may be outlined .instead. The specific 1 ..number of trees 8 .inches or greater DBH to be preserved outside of the building envelope shall be indicated on the plan. Trees and other woody vegetation proposed to be removed to create the desired construction footprint shall be clearly delineated on the landscaping plan. b. ; Any required 1ZPA buffer area shall be clearly delineated and any plant material. to be added to establish or supplement the buffer area, as required by this Ordinance, shall be shown on the Landscaping plan. c. Within the buffer area, trees and other woody vegetation to be removed for reasonable sight. lines, vistas, access paths, and best management practices, as provided for in Section 4002. B.(t)(a), shall be shown on the plan. Vegetation required. by this ordinance to replace. any existing trees within the buffer .area shall be also be depicted on the .landscape plan. d. Trees and other woady vegetation to be removed for ~i shoreline stabilization projects and any replacement vegetation required by this Ordinance shaft be shown on the landscape plan. e. The plan shall depict grade changes or other work adjacent to trees that would affect them adversely. Specifications shall be provided as to how grade, drainage, and .aeration would be maintained around trees to be preserved. f. The landscape plan will include specifications for the protection of existing trees and other vegetation during clearing, grading, and all phases of construction. g. If the proposed development. is a change in use from agricultural or silvcultural to some other use, the plan must 40 . demonstrate the re-establishment of vegetation in the buffer area. 2. Plant Specifications. a. All plant materials. necessary to supplement the buffer area or vegetated areas outside .the construction. footprint shall be .installed according to .standard planting practices and procedures. b. All supplementary or replacement plant materials shall be living and in a healthy condition. Plant materials shall conform to the standards of the most recent edition of the American Standard for Nursery Stock, published by :the American. Association of Nurserymen. c. Where areas to be preserved, as designated on an approved landscaping plan, are encroached, .replacement of existing trees and other vegetation shall be achieved with a ratio of 3 planted trees to .each tree removed in accordance with .good woodlot management. Replacement trees shall be a two (2) inches DBH at the .time of planting. d. Use of native or indigenous species is strongly encouraged. 3 Maintenance: a. The applicant shall be responsible for the maintenance and replacement of all vegetation as may be required by the provisions of this Ordinance. b. In buffer areas-and areas outside the construction footprint, .plant material shall be tended and maintained in a healthy growing condition and free. from refuse and debris. Unhealthy, dying, or dead plant materials shall be replaced 7 during the next. planting season, as required by .the provisions of this Ordinance. D. Stormwater ManagementPlana A stormwater management plan shall be submitted as part of the .plan of development process required by this Ordinance and in conjunction with site plan or subdivision plan approval. l . Contents of the Plan. The stormwater management plan shall contain. maps,. charts, graphs,. tables, photographs, narrative descriptions, explanations, 41 and citations to supporting. references as appropriate to communicate the .information required by this Ordinance. At a minimum,. the stormwater management plan must contain the following: a. ' Location and design of all. planned stormwater control devices; b. Procedures for implementing non-structural stormwater control practices and techniques; c. Pre- and post-development nonpoint source pollutant loadings with supporting documentation of all utilized coefficients and calculations; d. For facilities, verification of structural soundness, including a Professional Engineer or Class IIIB Surveyor Certification; 2. Site specific facilities shall be designed for .the ultimate development of the contributing ..watershed based on zoning, comprehensive plans, local public facility master plans, or other similar planning documents. 3. All engineering calculations must be performed in accordance with the procedures outlined in the current edition of the Wirginia stormwater Management HandbooY. 4. Performance assurances shall be provided that all BMP's required in a plan of development shall be constructed to comply with. the performance criteria set forth. herein. The form. of the agreement and the type of bond, letter of credit or other security shall be to the satisfaction of and approved by the County Attorney. The amount of bond, letter of credit or other security and designated .length of completion time shall be .set by the zoning administrator. 5. The plan shall establish a schedule for inspection and maintenance of stormwater management facilities-that inctudes all maintenance requirements and persons responsible for performing maintenance.. If the designated maintenance responsibility is with a party other- than the County then a maintenance agreement shall be executed between the responsible party and the County. 6. For phased .projects, an updated ..stormwater. management. plan shalt. be .provided far each phase to the County Planning and. Zoning Department demonstrating the.. project's stormwater 42 9o~x 24:x..:-~36 management facilities are still meeting the pollutant removal standards of the original WQIA. Updated stormwater management plans shall be required until all phases of the project are complete.. E. Erosion and Sediment Control Plan An erosion .and sediment control plan shall be submitted that satisfies the requirements of this Ordinance and in accordance with Chapter 6 of the .County, in conjunction with plot plan, site .plan. or subdivision plan aPProval. F. Final Plan Final plans for property within CBPAs shall be final plats for land to be subdivided or site plans for land not to be subdivided as required in the County Zoning Ordinance. 1. Final plans for all lands .within CBPAs shall include the following additional information: a, The delineation of the Resource Protection Area boundary, including the 100-foot buffer component; b. Plat or plan note stating that no land disturbance is allowed in the buffer area without review and approval by the Zoning Administrator; c. All wetlands permits required by law; d. A maintenance agreement as deemed necessary. and appropriate by the Zoning Administrator to ensure proper ' maintenance of best management practices in order to continue their functions. 2. Installation and Bonding Requirements. a. Where buffer areas, landscaping,. stormwater management facilities or other specifications of an approved plan are required, no certificate of occupancy:.shall be .issued until the: installation of required plant material or facilities is completed in accordance with the approved site plan. b. When the .occupancy of a structure is desired prior to the completion of the required landscaping, stormwater management facilities, or other specifications. of an approved plan, a certificate of occupancy may be issued only if the .applicant provides to the County a form of 43 surety satisfactory to the County Attorney in an amount equal to the remaining plant materials, related materials, or installation costs of the required landscaping or .facilities and/or maintenance costs for any required stormwater management. facilities as determined by .the Zoning Administrator. e All required landscaping shall be installed and approved by the first planting season following issuance of a certificate of occupancy or the surety may be forfeited to the County. d. All required stormwater management facilities. or other specifications shall be installed and approved within 18 months of .project commencement. Should .the .applicant .fail, after proper notice, to initiate, complete or maintain appropriate actions required by the approved plan, the surety may be forfeited to the County. The County 'may collect .from the applicant the amount by which .the reasonable cost of required. actions exceeds. the amount of the surety held. e. After all required actions of -the approved site plan have been completed, the applicant must submit a written request .for final inspection.. If the requirements of the approved plan have been completed to the satisfaction of the Zoning Administrator, such unexpended or unobligated portion of the surety held shall be refunded to the applicant or terminated. within 60 days following .receipt of the applicant's request for final inspection. The Zoning Administrator .may require a certificate of .substantial completion from a Professional .Engineer or Class III B Surveyor before making a final inspection. G Administrative Responsibility. Administration of the .plan of .development process shall be in accordance with the .County Zoning Ordinance or the .County Subdivision Ordinance. The Zoning Administrator shall approve, approve subject to conditions, or disapprove the plans in accordance with the reviewing authorities' recommendations. The Zoning Administrator shall return notification: of plan review results to the applicant, including recommended conditions or modifications. in the event that the results. and/or .recommended conditions or modifications are acceptable to the applicant, the plan shall be so modified, if required, and approved. ''~ H. Denial of Plan, Appeal of Conditions or Modifications. ~~~x In the. event the final plan or any component of the plan of development process is disapproved or recommended conditions or modifications are unacceptable to the applicant, the applicant may appeal such administrative decision to the Planning Commission within 60 days of the administrative decision to be appealed. The Planning Commission shall make. a recommendation. to the Board of Supervisors. The final decision on an appeal shall be made by the Board of Supervisors. In preparing to recommend to grant or deny an appeal, the Planning Commission must find such plan to be in accordance .with all applicable ordinances and include necessary elements to mitigate any detrimental impact on water quality and. upon adjacent property and the surrounding area, or such plan meets the purpose and intent of the. performance standards in this Ordinance. If the .Planning Commission finds that the applicant's plan does not meet the above stated .criteria , they shall. recommend denial of the plan.. Section 5001. Nonconforming Uses and Nonconforming Structures. '~, A. The lawful use of a buildin or structure which existed on.October 1 g 1989 or which lawfully exists at the time of .any amendment to the performance standards and criteria of this ordinance and which became. not in compliance, may continue subject to -the provisions of the County Zoning .Ordinance and the provisions below: No change or expansion of use shall be allowed with the exception that:. I . The Zoning Administrator may grant a nonconforming use and/or waiver for structures on .legal nonconforming lots or parcels to provide for remodeling and :alterations to "such nonconforming structures provided that: (Amended 12f 18!04) a. There will be no increase in nonpoint source pollution load; b. Any development or land disturbance exceeding an area of 2500 square feet complies with all erosion. and sediment control requirements of this Ordinance. 2, An application for a nonconforming use ,and/or waiver shall. be made to and upon forms furnished by the Zoning Administrator and shall include .for the purpose of proper enforcement of this Ordinance, the following information: a. Name and address of applicant and property owner; b. Legal description of the property and type of proposed use and developmenti; 45 - ~ ip Ili ~ 9DnK ~G~ •~_- ~•Ji1 c. A sketch of the dimensions of the lot or parcel, location of buildings and proposed additions relative to the lot lines, and boundary of the Resource Protection Area; d. Location and description of any existing private water. supply or sewage system. 3. A nonconforming use and development waiver shall became null and void twenty-four (24) months from the date issued. if no substantial work has commenced. 4. An application for the expansion of a nonconforming structure may be approved. by the Zoning Administrator through an administrative review process provided that the following findings are made: a. The request for the waiver is the minimum necessary to afford relief; b. Granting the waiver will not confer upon the applicant. any specific privileges that are ..denied by this Ordinance to other property owners in similar situations; e. ' The waiver is in harmony with the- purpose and intent of this Ordinance and does not result in water .quality degradation; d The waiver is not based on conditions or circumstances. that are self-created or self-imposed; e. ' Reasonable and appropriate conditions are .imposed, as warranted, that will prevent the waiver from causing a degradation of water quality; f. Other findings, as appropriate and required by the County are met; .and g. In no case shall this provision apply to accessory structures. Section 5002.. Exceptions. A. A request for an exception to the .requirements of Sections 4000 and -4402 of this .Ordinance or any other exception requested from the provisions of this Ordinance shall be made in writing to the. Planning. Commission, .who shall make a recommendation to the Board of .Supervisors. It shall identify. the impacts of the proposed exception on water quality and an lands within the Resource Protection Area through 46 the preparation of a water quality impact assessment, which complies with the provisions of Section .4003,. and accompanied with a processing fee of $750. B. The Planning Commission and Board of .Supervisors shall notify the. affected public of any such exception requests and shall- consider -these requests in a public. hearing in accordance with § I5.2-2204 of the Code of Virginia.' C. The Planning. Commission shall review the request for an exception and the water quality impact assessment and may .recommend the exception .with such conditions and safeguards as deemed necessary to further he purpose and intent of..this Ordinance. In rendering its decision, the Planning Commission shall not recommend in favor of the .applicant unless it finds:- circumstances that -are self-created or self-imposed, nor does the request arise. from conditions or circumstances either permitted or non-conforming that are related to adjacent parcels; 3. The exception request is the minimum necessary to afford relief; 4. The exception request. will be in harmony with the purpose and- intent of this Ordinance, .not injurious to the neighborhood or otherwise detrimental to the public .welfare, 'and is not of substantial detriment to water quality; and 1 1. That the strict application of the ordinance would produce an undue hardship and will not confer upon. the applicant any special privileges denied by this Ordinance to other property owners in ', the CBPA areas; i, I 2. The exception request. is not based on conditions or 5. Reasonable .and appropriate conditions are imposed which will prevent the exception request from causing a degradation of water quality. D, If, after applying the criteria set forth above, the Board of Supervisors ' refuses to grant the exception, the Zoning Administrator shall return the request for an exception together with the water quality impact assessment.. and the written findings and rationale for the. decision to the .applicant. E. Any :person or persons jointly or severally aggrieved by a decision of the Board of Supervisors may present to the circuit court of the County of .Isle of Wight a petition specifying the grounds on which aggrieved within thirty (30) days after the final decision of the Board. of Supervisors. Costs shall not be allowed. against .the Board of 47 Supervisors, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed therefrom. Section 5003. Enforcement, violation and penalties. A. The primary responsibility for administering and enforcing .this ordinance shall be assigned to the Zoning Administrator or a duly authorized designee. The Zoning Administrator or his duly authorized designee, Planning Commission members and Board of Supervisors members including other persons designated by ..the Board of Supervisors,. shall have .authority to conduct inspections and surveys upon the property affected by this ordinance to determine compliance. with this ordinance. The Zoning Administrator shall seek criminal or civil enforcement for any provision of this ordinance and take any action on behalf of the County to prevent or abate any violation or potential violation of this ordinance. The Zoning Administrator, upon written request of an interested person whose property may be affected, shall render an opinion as to the applicability of this ordinance to particular uses in its application to the factual circumstances presented. The Zoning Administrator shall design and distribute applications and forms required -for -this ordinance and request information that is pertinent to the request of the approval and shall perform such. other duties as are necessary for the proper enforcement and administration of this ordinance. B. In addition to any other remedies in subsection (a} of this section, the following penalties are incorporated in this ordinance as follows: 1. Any person who:. (i) violates any provision of the ordinance or {ii} violates or fails, neglects, or refuses to obey any Board of Supervisors' or the Zoning Administrator's final notice, order, rule, regulation, or variance or permit condition authorized under this ordinance shall, upon such finding by an appropriate circuit -court, be assessed a penalty .not to exceed five thousand dollars ($5,000.00) for each day of violation. 2. With the consent of any person who: (i) violates any provision. of this ordinance or (ii} violates or fails, neglects, or refuses to obey any Board of Supervisors' or .Zoning Administrator's,. notice, .order,. rule, regulation, or variance or permit condition authorized under this ordinance, the Board of Supervisors' may provide for. the issuance of an order against such- person for the onetime payment of civil charges for each violation in specific sums, not. to exceed ten thousand dollars {$ I O,000.OU) for each violation. Such civil charges shall be paid into .the treasury of Isle of Wight County for the purpose of abating environmental damage to or restoring Chesapeake Bay .Preservation Areas in the .county except that where the violator is .the county or its .agent, the civil 48 ea~M 2~ ~,:: ?4:? charges .shall be paid into the state treasury. The civil charges shall be in lieu of any appropriate civil penalty: imposed under subdivision. (1) of this subsection. Civil charges may be in addition to the. cost of any restoration .required. ar ordered' by the Board of Supervisors or Zoning Administrator. The motion was adopted by a vote of (5-0) with.SupervsorsBradshaw, Brown, Clark, Ivy and .Wright voting in favor of the. motion, and no Supervisors .voting against the motion. Chairman Wright called for a public hearing on the following: An Ordinance to Amend .Appendix B. Zoning, Article IV, Zoning Districts and Boundaries, Section 4-12002.D, and Section 4-19002.D of the Isle of Wight County Code Ms. Walkup advised that the proposed Ordinance amendment provides for motor vehicle. repair service/major as a permitted commercial use. in. the General Industrial and the Planned Development Industrial Park zoning district, and is also currently allowed by Conditional Use Permit in the Village Center, General Commercial and Planned Development zoning districts. She advised that staff recommends the amended language, and she certified that the public hearing .had been duly advertised. Chairman .Wright called for persons to speak. in favor of, or in opposition to, the proposed Ordinance. No one appeared. Chairman Wright closed the public hearing-and called for comments from the Board. Supervisor Ivy moved that the Board adopt the .following Ordinance: AN ORDINANCE TO AMEND Appendix B. Zoning, Article IV. Zoning Districts and Boundaries, .Section 4- I2002.D. General Industrial District, and Section 4-i9002.D. Planned Development Industrial Park District 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 Is e of Wight County Board of Supervisors is also concerned about the .compatibility of uses on public and pzivate lands within Isle of Wight County, and seeks to protect the health, safety, and general welfare of present and future. residents and businesses of the County. 49 i ~fl!~K ~~ rte:-': ~~J -NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that Article IV. Zoning Districts -and Boundaries, Section 4-12002.D. General Industrial District, and Section 4-19002.D. .Planned Development Industrial Park District of the Isle of Wight County Zoning Ordinance be amended as follows: 4-12000 General -Industrial (GI) District 4-12001 General Description The General Industrial District is reserved to accommodate those industrial activities which may produce moderate nuisances or hazards in areas that are relatively remote from residential and ..business development. The performance standards established for this district are. not intended to be as strict as for the LI District. (7-1-97) 4-12002 Permitted Uses The fallowing uses. are permitted by right subject. to all other applicable requirements contained in this Ordinance. An asterisk (*) indicates additional, modified ar more stringent standards which .are listed in .Section 5-5000, Supplementary Use Regulations, for those specific uses. A. Agricultural Uses Agriculture • Fertilizer Storage • Assembly and Repair of Storage Equipment *Forestry Operation + Forestry, Silvieultural B. Civic Uses *Adult Care Center. *Child Care Center Park and Ride Facility *Public Maintenance and Service Facility Public Safety .Service *Utlity Service! Minor C. Office Uses Laboratory D. Commercial Uses 50 *Adult Entertainment Establishment Agricultural Service. • Commercial Assembly and Repair of all equipment normally used in Agricultural, Silvieultural, and Horticultural ...Operation *Construction Office, Temporary Equipment Sales .and .Rental Laundry *Mini Warehouse . Motor Vehicle/Outdoor. Storage * Motor Vehicle Re air ervice/Ma"or P S J E. Industrial Uses *Construction Yard Convenience. Center Custom Manufacturing Industry, TYpe I Industry, TYPe II Meat Packing *Recycling Center *Shipping Container Transfer Station Warehousing and Distribution F. Miscell neou a s Uses * Amateur. Radio Tower 4-19000 Planned Development Industrial Park (PD-IP) District 4-1900.1 General Description ~ It is the :intent. of this .district to provide: for planned development of business parks or employment centers in campus-like settings..PD-IP Districts are further intended. to provide for areas devoted to industrial uses- that. present an attractive appearance .and .complement surrounding .land .use character by means of appropriate siting of buildings and .service areas and landscape treatment.. It is intended that PD-IP Districts be located in areas having all of the following; water. and sewer facilities -that meet applicable .standards and are acceptable to the Board of Supervisors., one (1) or more major highways, and clearly demonstrated suitability for intended uses in the context of the proposed site's physical characteristics and relationship to surrounding development. (7-1-97) 4-19002. Permitted Uses 51 ^~~ ~{ ~~: 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. A. Agricultural Uses *Agricultt~re • Fertilizer Storage • Assembly and Repair of Farm Equipment *Forestry Operation • Forestry, Silvicultural B. Civic Uses. Park and Ride Facility *Public Maintenance and Service Facility Public Safety Service *Utlity Service/ Major *Utility Service/ Minor ~. Office. Uses Laboratory B C i l . ommerc a Uses Agricultural Service • Farm. Supplies, Equipment Sales and Service • Commercial Assembly and Repair of .all equipment normally used in Agricultural, Silvicultural; and Horticultural Operation Business Support Service *Construction Office, Temporary *Convenience Store Equipment Sales and Rental *Gasoline Station Laundry *Marina *Mini Warehouse *Motor Vehicle Parts /Supply, Retail *Motor VehiclelRental *Motor Vehicle Repair Service/ Major *Motor Vehicle Repair Service! Minor Personal Improvement Service Personal Service- - Restaurant, General e 9fl91c 2~ ~,'.' ~~~ E. Industrial Uses. *Construction Yard Custom Manufacturing Industry, TYPe I Industry, Type II Meat Packing .Transfer Station Warehousing and Distribution F. Miscellaneous Uses *Amateur Radio Tower Parking Facility, Surface/Structure. The motion was adopted by a vote of {S-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against .the motion. Chairman Wright called for a public hearing on the following: An Ordinance to Amend Chapter 8, Garbage, Weeds and Litter County Attorney- Stroman. advised that the intent. of the proposed Ordinance amendment is to. address litter along roadways as a result of deliberate dumping and debris blowing from uncovered or inadequately .covered vehicles. He certified that the public .hearing had been duly advertised. Chairman Wright called .for .persons to speak in favor of, or in opposition to, the proposed-Ordinance. Michael Huffman, Hardy District, spoke in favor of the Board adopting the proposed. Ordinance. He recommended that the Ordinance be again amended at a later date to include the requirement that mobile home parks have garbage pick-up at each individual mobile home. ..Chairman Wright closed the public hearing and .called for comments from the Board. County Attorney Stroman recommended that the Board proceed with adopting the. Ordinance as .proposed, and that Mr. Huffman's recommendation could be taken under consideration at a later date . S i Cla k d uperv sor r move that the Board adoptthe following Ordinance: AN ORDINANCE TO-AMEND CHAPTER 8. GARBAGE, WEEDS AND LITTER 53 WHEREAS,. the Isle of Wight County Board of Supervisors is concerned about the increasing amount of garbage. and litter within Isle of Wight County; and WHEREAS, in order to address this problem, the Board of Supervisors deems it appropriate to enact revisions to Chapter 8 of the Isle of Wight County Code. NOW THEREFORE, BE IT RESOLVED by the Isle of Night . County Board. of Supervisors that Chapter 8: Garbage, Weeds and Litter be .amended as follows: Article I. In General. See.8-1. Definitions. ..For the purposes of this Chapter, the following words. and phrases shall have the meanings respectively ascribed to them by this Section: (a} "Ashes" means .the residue resulting from the burning of wood, coal, coke or other combustible material. (b) "Debris landfill" means .that site, or those sites, operated. by and established by the County. and any other governing body for the disposal of solid wastes. (c) "Discard" means to abandon, dispose of burn, incinerate, accumulate, store or treat before or instead of being. abandoned, .disposed of, burned or incinerated. (d) "Discarded material" means a material that is abandoned, disposed of, burned, incinerated, .accumulated, stored or treated .before or instead of being abandoned, disposed of, burned or incinerated. (e) "Disposal" means the storage, collection, disposal or handling of solid waste or refuse. (f) "Garbage" means all animal or vegetable wastes resulting from the handling, preparation, cooking or consumption of foods. (g) "Litter" means.-any man=made material that, if thrown, discarded, or disposed of, as prohibited in this Chapter, may create a danger to public health, safety, or welfare or degrades the environment of the County. Litter shall include, but is- not Limited to, any .garbage, trash,. refuse, rubbish, newspaper, magazine, .glass, metal, plastic or paper container, construction 54 '~O~t' :~~ .: °~~~Z7 waste or any discarded object likely to injure any person,. create a traffic hazard, or degrade the environment. (h) "Refuse" means all .solid wastes, except body, wastes, .including garbage, ashes and rubbish. " (i) "Rubbish means- large metal objects, wood,. brush, tires, building demolition, furniture, bed. springs: or other nonputrescible solid wastes. (j) "Solid waste" means any garbage, refuse, rubbish, or other discarded material, but does not include solid or dissolved. materials in domestic sewage, solid or dissolved materials in~ irrigation return flows, industrial discharges, or special nuclear or by-product materials. r (k) "Trash" means combustible and noncombustible discarded ~ materials and is used interchangeably with the term rubbish. Article IL Condition of Premises• Owner and Occupant Duties Sec.8-2. Generally. (a) It .shall be the' responsibility of each owner, agent, occupant, or lessee to keep his or her property free of litter. Theowner, agent, occupant, or lessee of any property within the County shall be responsible for removing ti litter accumulating on said property. - (b) This Article shall not have 'any force and effect within the r corporate limits of any town within the County. (c) This-Article shall not have any force or effect except within the boundaries of platted .subdivisions or-any other areas zoned for residential , business, commercial or industrial use. Sec.B-3. Maintenance. (a) The owners, agents, occupants, or lessees of property located in the: County shall, within each consecutive thirty (30) day' period, remove therefrom: any and all trash, garbage, refuse, titter and other substances which ' .might endanger the .health or safety of other. residents of the County. However, owners, agents, occupants, or lessees who reside on bona. fide .agricultural land are excluded from the. provisions of this subsection. (b} All owners, agents., occupants, or lessees of vacant property located in the County shall cut the. grass, weeds or other foreign growth on such property or any part thereof at such time or times as the Board of Supervisors shall prescribe, and in any event. whenever such grass, weeds or other foreign growth reach an average height of not less than twelve (12) 55 inches. However, owners, agents, occupants, or lessees who reside on bona fide. agricultural land are excluded from the provisions of this subsection. (c} All owners,- agents, occupants, or lessees of occupied: residential real property located in the County shall cut the grass, weeds and other foreign growth on such property when such growth exceeds twelve (12) inches in height, all in accordance with Section 15.2-1215 of the Code of Virginia (1950), as amended. Sec. $-4. Removal of refuse, weeds. etc ~ County -Generally (a} If the owner, agent, occupant, or lessee of property fails to remove such trash, garbage, refuse, litter. or other substances, the County may, after reasonable written notice of no less than seven (7) days, have such trash, garbage, refuse, litter or other like substances, which might endanger the health of other residents of the County, removed by .its own agents or employees. In such event, the cost or expenses thereof shall be chargeab a to, and paid. by, the owner, .agent, occupant,. or lessee of such property and. may. be collected by the County as taxes and levies are collected. (b) Whenever the owner, agent, occupant, or .lessee of vacant property located in the County fails to cut the grass, weeds and other foreign ...growth, the County, after reasonable written notice of no less than seven. (7) days, may have such grass, weeds or other foreign growth cut by its agents or employees, in which event the cost and expenses thereof shall be chargeable to, and paid by, the owner, agent, occupant, or lessee of such. property and may be collected by the County as taxes and levies are collected. (c) Whenever the owner, agent, occupant, or lessee of occupied residential real property located in the County fails to cut the grass, weeds and other foreign growth, the County, after reasonable written notice of no less than seven. (7) days, may have such grass, weeds or other foreign growth cut by its agents or employees, in which event the cost and expenses thereof shall be chargeable to, and paid by, the owner, agent, occupant,. or lessee of such property and may be collected by the County as taxes and levies are collected. Sec.B-5. Penalties.. (a) Violations of subsections (a) .and (b) in Sections 8-3 and 8-4, respectively, shall resultirr the following civil penalties: { 1) Fifty Dollars ($50) for the first offense; and (2) Two Hundred Dollars ($2Q0) for subsequent violations not arising from the same set of operative facts within twelve (12) months of the first offense. 56 E21 ^~( ~~ r r ~~ ~~ 7~ Every three (3) day period during which the same violation is found to have existed shall constitute a separate offense.. In the event three (3) civil penalties have previously been imposed on the same defendant for the same or similar violations,,not arising from the same set of operative facts within a 24-month period, such violations. shall be a Class 3 misdemeanor. (b) Violations of subsection (c) in Sections 8-7 and 8=8, respectively, shall be punishable by a civil penalty of One Hundred Dollars ($1.00). Every three (3) day period during which the same violation. is found o .have existed shall constitute a separate offense. For state law as to the authority of County to enact this Article, see 'ode of Virginia, ~ 15.2-1215. Article III. Unlawful Disposal of Litter on Highway, Right-of-Way or Private Property Sec.8-6. Generally. It shall be unlawful for any person to dump or otherwise. dispose of .trash, garbage, refuse, litter, a companion animal for the purpose of disposal, or other .unsightly matter on public property, including a public highway, right-of--.way, property. adjacent to such highway or right-of--way, or on private property without the written consent of the owner thereof or .his agent. Seca 8-7. Presumption. When a violation of the provisions of this Article has been observed by any person, and the litter has been ejected or removed from a motor vehicle, the. owner or operator of such .motor vehicle- shall be presumed to be the person ejecting or disposing of such litter, provided however, that. such presumption shall be rebuttable by competent evidence. Sec.8-8. Penalties. A violation of this Article shall- constitute a misdemeanor punishable by a fine of not less than $250 or more than $2,500 and confinement in jail for not more than l2 months, either or both. For state law as to the authority of the County to enact this Article, see, Cade of Virginia ~ 33.1-346. Article IV. Load Covering and Transportation of Litter. Sec. 8-9. Load covering. (a) All vehicles used to transport any material along streets, roads, or highways of the County shall be constructed, maintained, and loaded so as to 57 a6nf. ~~ .. -~~~ prevent such. vehicle's contents from dropping, sifting, leaking, or otherwise escaping. This subsection shall not apply to the following: (1 } Motor vehicles that are used .exclusively for agricultural purposes as provided in Section 4b.2-b98 of the Code of .Virginia (1950}, as amended, .and are not. licensed in any other state; (2} Agricultural vehicles, tractors, or other vehicles exempted from registration and licensing requirements under state law; (3} Motor vehicles transporting forest products, poultry, or livestock; or (4} Public service company vehicles, pickup trucks, or emergency snow removal equipment while engaged in snow removal operations. Sec. 8-10. Transportation of refuse. No person shall transport any refuse. in an open or uncovered vehicle along the streets, road, or highways of the County, unless the load is covered by a suitable cover in such manner as to contain the entire load. If any of the contents of the load shall blow,. spill, fall, or become scattered in or upon any public way or place, such person shall immediately cause such contents to be gathered up and removed. Sec.B-11. Presumption. When a violation of this Article has been observed by any person, and the matter dumped or disposed of has been ejected or removed .from. a motor vehicle, the owner or operator of such motor vehicle shall be .presumed to be the person. ejecting or disposing of such matter, provided however, that such presumption shall be rebuttable by competent evidence. Sec. 8-12. Penalties. A violation of this Article shall constitute a traffic infraction punishable by a fine not to exceed $250. In lieu of imposition of a' fine, the court may order the defendant to perform community service in litter abatement. ac#ivities. Article V. Collections. Sec. 8-13. Rates and charges. (a} Refuse service charges within the County, for the purpose of financing the establishment, maintenance and operation of refuse collection 58 ~;~~« 2~4 ~~:2~~ systems or refuse disposal methods and sites, are hereby.. levied in accordance '~, with the following schedules: !, The rate. of charge to each. institution, business and industrial establishment. for collection and disposal of ~I refuse, including .bulk refuse containers,. shall be r established by the Board of Supervisors of the County, its agents or duly appointed commission, pursuant to the terms and conditions of any franchise granted under the provisions of this. Article. (b) Such refuse service. charge shall be collected by the person acting pursuant to the permission of, or contract with, the Board of Supervisors of the County. Seca 8-14. Preparation and storage of refuse. (a) Preparation of refuse. {1) All refuse shall be drained free of liquids before being placed in storage containers. (2) Garbage shall be wrapped in paper or similar materials or placed in plastic disposal bags before being deposited in storage containers.. (b) Storage of refuse. (1) it shall be unlawful to deposit dead animals,. manure or ..rubbish in any County refuse containers. or debris landfill. (2) It shall be unlawful to litter County refuse container sites or , to place any refuse outside of County refuse containers. (3) It shall be unlawful. to open bags or storage containers for - the purpose of searching through and removing refuse brought to the County- operated collection: sites andlor deposited in the County. refuse containers other than by County authorized personnel Sec. 8-15. Certain refuse not acceptable.. (a) The following refuse shall be considered to be not acceptable for collection by the .Board of Supervisors, its agent or duly appointed commission: (1) Dangerous materials or substances, such as poisons, acids, caustics, infected materials and explosives. or other hazardous wastes as defined by the Southeastern Public Service Authority (SFSA) in accordance - with state andlor federal laws and regulations. 59 Ar~~~~ 24:~:.:?~3 (2) Materials resulting from .the .repair, excavation or construction of buildings or structures, such as earth, plaster, mortar or roofing material. (3) Materials which have not been prepared for collection in accordance with this Article. Sec. 8-16.__ Refuse containers. (a) Refuse containers .shall be provided by the County for residentia_ i use and only for the use of County residents. (b) Commercial establishments shall deliver the refuse to transfer stations for. disposal. .For purposes of this subsection, a "commercial establishment" shall mean any business or other operation, either for profit or non-profit, which produces products or services for consumption or use by the public. (c) County refuse containers shall be collected by .the County and disposed of in accordance with applicable state and/or federal laws. Article VI. Collector Licensing. Sec.8-17. Generaliy. No person shall, for hire, collect, remove, haul or convey any refuse through . or upon any of the streets or roads in the County without first obtaining a license from the Board of Supervisors. Sec. 8-18. Fee: term. The fee -.for. a license under this Article shall be One Hundred Dollars ($.100) per annum, and all licenses shall be issued for the calendar year, or such portion thereof as shall remain after the issuance thereof. There shall be no reduction in the fee for a license issued after the beginning of any calendar year. Sec.8-19. Application. (a) Every person who shall apply for a license under this .Article shall state the .type or types of solid. wastes to be collected, the manner of collection and the place and method of disposal No license shall be granted if the place and method of disposal shall not conform to the requirements of Article V above and this Article VI. (b) All collectors must furnish the County with a schedule of rates to be charged and services to be rendered. 60 ~e~K ~~ rrc'.-~r~~ (c) All collectors shall provide .the .Board of Supervisors with a written guarantee of continuity-and satisfactory service. Sec. 8-20, Changing_disposal arran ements No licensed collector shall make any change in the arrangements for ' disposal of refuse collected by him without first receiving the approval of the Board of Supervisors.. Sec.8-21. Revocation. In the event than the holder of any permit hereunder shall, fail to abide by, or conform to, any requirements of the. County health department,. -and upon complaint of the County health department, any permit .issued hereunder may be revoked by -the Board of Supervisor, its agent or duly appointed commission, without notice to the holder of such permit. However, in the event that the Board of Supervisors .grants an exclusive franchise. to any person for the collection and disposal of refuse, the provisions of this Section shall not apply while such franchise is in effect. Article VII. Solid Waste Rec c1in~Reports Sec. 8-22. Annual report. (a) Generally. Each person located within he County ..who recycles solid waste, as defined in Section 10.1-1400 of the Code of Virginia (1950), as amended, shallsubmit an annual report to the County Administrator, who in turn will .submit said reports to Southeastern Public Service Authority of Virginia. (b) Time for filing. Each report required by this Article shall cover ~i the twelve (12) month period beginning. January 1 and ending December 31 of each year. Each annual report shall be submitted not. later. than thirty (30) days following the close of such twelve (12) month period.- (c) Contents. ;Each annual report required to be submitted hereunder shall include the following information with respect to the reporting party for ' the period covered by the report: (1) The name and address of the reporting party and .the name and telephone number of the individual who may be contacted on behalf of the reporting party with regard to its. report; and (2) The total quantity of solid waste recycled by .the reporting party during the period. Sec. 8-23. Measurement of solid waste by weight; estimated data 61 All quantities of solid waste required to be reported hereunder shall be measured by weight. When the reporting party. is unable to accurately determine quantity by .weight, such quantities shall be reported based upon carefully estimated data. Each reporting party shall identify in its report alI information which is based upon estimated data. Sec. 8-24. Proprietary information• failure to report other information Nothing hereunder shall be construed to require any party to report information of a proprietary nature. Where any party fails to report any information otherwise required hereunder based upon a determination .that such information is of a proprietary nature, the party shall specify in its report the nature of the information withheld and the basis for its determination that such information is of a proprietary nature. Sec.8-25. Definitions (a) As used in this. Article, the following definitions shall apply: (~) "Person" shall mean any nonresidential generator of solid waste and any company, business or other party which collects, transports, processes or recycles solid waste. (2) "Recycle" shall mean: (i) To sell, donate, or otherwise transfer solid waste material to any other person located outside of the service area so that such waste material may be processed and used again as a raw material for a product which may or may not be similar to the original product. (ii) To process a given waste material at a location within the service area so that such material may be used again as a raw material for a product which may or may not be similar to the original product. (3) "Service area" shall mean the Cities of Chesapeake, ..Franklin, Norfolk, Portsmouth, Suffolk and.. Virginia Beach and the Counties of Isle of Wight and Southampton. Sec. 8-26. Consolidated reports permitted Any person who recycles solid waste at or from locations .both within and without the .County and .who is not reasonably able to identify the quantity. of solid waste :recycled at or from each..location may submit a consolidated report to the County. Sec. $ 27. Forms for reports 62 s The Southeastern Public Service Authority may prepare forms to be used by any person required to submit a report under this Article. Any such -forms shall be available at the principal offices of the Southeastern Public Service Authority and at the offices of the.County. Administrator. Sec. 8-28. Failure to report• penalty Failure to furnish any report required hereunder shall. be punishable by a fine of not m ore than: FiveHundred Dollars SOQ -for each su ($ ) ch violation. The motion was adopted. by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion.. // i i Supervisor Bradshaw moved that the Board return to the regular order I, of the. agenda. The motion was adopted. by a vote of (S-0) with. Supervisors Bradshaw .Brown Clark, I and Wri ht votin in favor of the motion and ~'Y g g , I no Supervisors voting against the motion. Chairman Wright- called for continuation of Mr. Winter's comments relative to a proposal to construct a discharge sewage..system at the Lawnes Point Subdivision. Mr. Winter focused the remainder of his comments on the concept of reclamation and reuse. He advised. that the proposed facility could comply with the nutrient trading permit by never discharging if developers reclaim and reuse the water being generated from the wastewater treatment. Chairman.. Wright stated that he did not like the. concept of a trading program because of endangerment to water quality. I~ Mr. Winters stated with respect. to the nutrient. trading regulation, the effects of pollutants such as nitrogen and phosphorous would not be experienced to a large extent until the Chesapeake Bay. He advised that if water quality is .being protected in the Chesapeake Bay, it does not matter at what point in the watershed that the pollution is stopped, as long as it is stopped. He stated if DEQ found that there was a local condition in the receiving stream that .needed ` to be protected against nitrogen and phosphorous, DEQ would require the permitee to take additional steps or restrict their trading partners so as to protect that body of water. He stated if there was not a locale water quality concern, for the sake of the Chesapeake Bay and downstream parts of the James River, it does not matter who achieves those nutrient. reductions as long as they. are achieved. He stated that he did not believe a facility of the proposed size would generate sufficient water to .irrigate an 18-hole .golf course. He stated there .are facilities around the State that. are serving golf courses, country clubs or 63 ~~ paf~ 24 =,:: ~?~7 campgrounds that have zero discharge because their treated wastewater is being applied to greens, fairways or driving ranges. He stated that DEQ would suggest that the `engineers consider reclaiming and. reusing the water. He stated that the water would be treated to a standard that a person could swim in it, although he would not recommend it. Supervisor Clark inquired- if there would. be discharge under the newly proposed system. Mr. Winter replied that discharge was dependent upon what is done for storage, which also depends on the specifics of the project, and the discharge could be reduced to zero .depending on irrigation needs. He stated that. he was not endorsing the proposed project, but he did want the Board to know that .there. are precedents around the State where reclamation and reuse have already worked. He advised that DEQ is currently in .the process of developing a regulation that will establish technical guidelines far how this will be done in the future, and that regulation will be taken to the State Water Control Board in December for public comment. He stated that DEQ hopes to have the regulation approved by the. Board sometime next year, which ..would provide additional .protection with regard to how a facility such as the one proposed would reclaim and reuse waste water. .Supervisor Ivy inquired if nitrogen and phosphorous .dissipate as they move throughthe waterway. Mr. Winter replied that they undergo some biobgical transformation. Supervisor Clark inquired if Mr. Kennedy would prefer to see a Schaffer system or a SBR. discharge system at the proposed Lawnes Creek subdivision. Mr. Kennedy replied that the water quality in Lawnes Creek is more dependent on Chesapeake Bay water quality than it is on the .fresh water flowing into the creek. He stated either option is viable. He advised for land application systems, all the following. needs must be met: available. land; the pretreatment necessary for the quality of effluent that can be land applied safely; irrigation rates that just meet the crap's uptake needs; and no runoff. He stated that several land application systems exist in-the State, and even a well designed- and operated. system sometimes will have problems. He stated that in his opinion, an SBR system would be overkill compared. to a land application system, unless the Board desired a high. quality water to protect human health and ensure pollution is not being placed on the ground. Chairman Wright inquired if the water could be inserted back into the ground with a high quality discharge system. Mr. Kennedy replied "yes," that. the State of Florida treats to a very high quality via a process called indirect. reuse wherein it is put back into the 64 e aquifer and eventually goes through the water. treatment plant. `He stated that either process is a viable one for the protection. of water quality. He stated that the Schaffer systemproject inthe valley turned out to be not as DEQ had hoped primarily due to the fact that there was not sufficient and. Ms. Walkup. recognized Jim Maconifi, Water Permit Manager, ..and. Bob Smithson, Permit Writer, from the Tidewater Office of DEQ, who did notget an opportunity to address the Board today.. She advised the. Board that staff .had received a letter from Virginia Timberline today advising that it is intending to reuse 60% of the water that would be discharged from the proposed system. She stated that she anticipates providing the Board: with copies of comments from the other agencies in the near future. Chairman Wright. stated that he was. interested in returning the water back into the aquifer, and he would be interesting in seeing if nearby. farmers could use that water for irrigation purposes. Noting the presence of Attorney Riddick-and other representatives from Lawnes Creek, Chairman Wright :inquired if they could- stay until later in the meeting and address further questions from the Board. .Attorney Riddick offered to stay. Supervisor Clark moved that the Board continue its discussions on the matter under Old Business. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark,. Ivy and Wright voting in favor of the motion, and. no Supervisors voting against the motion.. 1/ Chairman "Wright indicated. the Consent Agenda included the following items: A. Funding for the Driftwoods Consulting, LLC Agreement Resolution to Appropriate Funds from the Unappropriated Fund Balance of the Generale Fund for Driftwoods Consulting, LLC B. GIS Fee Schedule C. DEQ/Publie Notice dated July 24, 2006 D. .Status report for on-going enforcement action at the Founder's Pointe Subdivision, .Phase II, for violations of the .County's Chesapeake. Bay Preservation Area (CBPA) Ordinance 65 E. July 20, 2006 Regular Meeting Minutes. s Supervisor Clark moved that Item (D), Status .report for on-going enforcement action at the Founder's Pointe Subdivision, Phase II, for violations of the. County's Chesapeake Bay .Preservation Area (CBPA) Ordinance, be removed for further discussion under Old Business, and that .the remaining items on the Consent Agenda be approved. The motion was adopted by a vote of (5-0)-with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. I/ .Chairman Wright called for Regional Reports. Clark briefed .the Board on the recent NACo Conference .held in Chicago, Illinois. He commented that his belief is renewed every time that he attends a NACo or VACo Conference. that the Board must continue to be participants at such conferences. in order to learn more about budgeting and finance and .other matters of importance. He advised .that County Administrator Casket' has arranged for a Bank: of America representative to brief the Board at its September 7, 2006. meeting regarding a new low- interest loan. program that is offered. by that financial institution to first-time homeowners such as teachers, fire fighters, law enforcement and medical care personnel .such as nurses. He stated that programs such as that are not discovered unless the Board members attend these conferences and learn more about how and what other localities. are doing. He stated that he had attended every seminar that he could while at the conference; however, one (l) .Board member alone attending these conferences is not sufficient, as he was. not able to attend all the seminars that were offered. Chairman. Wright advised that the. Hampton Roads Partnership is requesting that two (2) individuals from each governing body be appointed to serve on a Regional .Cooperation Study Group. Supervisors Clark and Ivy offered to serve as the Board's representatives on the Hampton Roads Partnership Regional Cooperation Study Group. Supervisor Brown advised that John Hadfield,. Executive Director, Southeastern Public Service Authority, has requested that the Board appoint two (2) individuals to serve on a Citizen Advisory Committee. He suggested that. a representative from the northern and southern end of the County be appointed to serve- on such Committee to ensure. that both ends of the County. are represented. Chairman Wright indicated the Board would take official action under Appointments later in the meeting. 66 Chairman Wright advised that Mr. Newton, Jail .Superintendent, Western Tidewater Regional Jail, had advised that a meetinghad been.set up with Delegate Jones on September 20,:2006, and that he would be reporting to the Board on any developments following that meeting, Supervisor .Ivy reported that IT shared services efforts are .continuing between the County and. the School Administration. Supervisor Bradshaw advised that Committee and Board- of Directors' ..meetings would be held Saturday, September 9, .2006, during the VACo Annual Conference.- He announced that. he .intends to run for the VACo Office of Secretary/Treasurer, and that he would be seeking staff's assistance with .public relations in the near future.. // Chairman Wright. called for Transportation Matters. Sandon S. Rogers, Transportation Planner, advised that VDOT is continuing with its transition to the Waverly District office. Supervisor Clark inquired if Mr. Rogers had been successful in contacting the individual that had a question about when Country Way would be paved. Mr. Rogers replied that. he had contacted the individual and advised that-Country Way is .not scheduled for paving any time in the near future. - Supervisor Clark inquired when Twin Hill Lane would be paved. Mr. Rogers replied that. Twin Hill Lane would be paved sometime ri the next. fifteen (15) years. Chairman Wright inquired about the lights in Windsor. Mr. Rogers advised that staff. is continuing to work with VDOT personnel regarding funding amounts. He stated that the. begin date for preliminary Engineering is October 1,..2006. MacFarland Neblett, Residency Administrator, VDOT, formally introduced .Bill Richardson, Assistant Resident .Administrator, from the Waverly office. Chairman Wright inquired about-the status of maintenance/gravel work. to be performed on Poor House Road..- 67 .. Mr. Neblett offered to drive. the roadway tomorrow and look at the ruts in the gravel portion of the roadway..- Mr. Neblett advised Supervisor Ivy that he anticipated receiving the results of the review from the District Environmental Section in the near future with respect to his previous request for tree removal in the Town of Smithfield. He offered to speak with the homeowner regarding the adequacy of the drain pipes. Supervisor Bradshaw inquired if the ditches had been cleaned on River Run Trail at Bob Alphin's property... Mr. Neblett offered to take appropriate action to have the ditches cteanedti Supervisor Bradshaw inquired about the status of Whispering Pines Trait. Mr. Neblett advised that the roadway is currently .under construction -and that he anticipates it to be complete by the end of August, 200b. Supervisor Bradshaw inquired about the status of Mr. Carr's Zuni .Circle concern. Mr. Neblett advised he has met with Mr. Carr, and he hopes that VDOT will be able to resolve his concern. Supervisor Bradshaw advised Mr, Neblett that there are large rocks. that are in need of removal .that are t©cated at the edge of the culvert on Route 58 at Ms. Barrett's residence on Carrsvilte Highway. Mr, Neblett offered to review the site, and see what action can be taken to alleviate the concern. Supervisor Bradshaw advised Mr. Neblett that the culvert located at. the old post office on Carrsville Highway is blocked and is in need of cleaning. Mr. Neblett offered to take appropriate .action to have the culvert cleaned. I! Chairman Wright called for Citizen's Comments. Sandy Schlaudecker inquired when the Gatling Pointe water system would be in compliance with the Environmental Protection Agency I;EPA). fib r e a~~ 24 .-262 Supervisor Ivy. advised that the Gatling Point Subdivision runs off the Town of Smithfield's plant, and that he believed that the problem should be corrected by next summer. Ms. Schlaudecker expressed a concern that residents who rent may not receive the quarterly warnings that are routinely sent out by staff in water bills advising about the damage that can be done to teeth, particularly to children age 10 and under, due to levels exceeding the optimum for fluoride. She requested that the Board consider sending these types.~of notices out .to the schools, as well, Ms. Schlaudecker .expressed a concern with the difficulty in understanding the Annual Drinking Water Quality Report.. She recommended that it be developed in a format that could be easily understood by all County residents. Assistant County Administrator Rountree. offered to meet with Ms. Schlaudecker and review the Annual Drinking report with her. Supervisor Ivy requested that Ms, Schlaudecker let staff know if the Town of Smithfield's report is easier to read so that the County's report can be modeled after it. Supervisor Clark moved .that staff, in .conjunction with Ms. Schlaudecker, develop a more .understandable pamphlet that interprets the possible damage that can result from drinking water with high fluoride levels for coordination and dissemination with the school system., fihe motion was adopted by a vote of(5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and .Wright voting in favor of the motion, and no Supervisors voting against the motion. .Albert Burckard, Newport District,. distributed an invitation to the dedication ` of the four (4) Cold War historical markers that were, recently erected at Carrollton Nike Park and the Janes. Creek Boat Ramp 'on September 2, 2006 at 10:00 a.m, at Nike .Park. He requested that the Board also consider funding for a DHRNDOT historical marker for the Nike Missile Site N-75, Cold War Era on Nike Park Road. Michael_Huffman, Hardy District, requested the Board consider "no littering" signs with an addendum .listing .the dollar amount of the additional fine for placement in areas that experience .high-litter volume, i.e., Waterworks Road/Route 620/Route 258. Herb DeGroft, Hardy District, spoke in favor of the Board's past action to approve the school budget. by category. He stated the Board. did not take that action this year, and .the School Board is already spending funds not recommended in the efficiency review. 69 Supervisor Clark. requested that Mr. DeGroft find out if Isle of Wight teachers are required to return to work a week earlier from summer break than those in other jurisdictions, II Chairman Wright called for the County Attorney's report. County Attorney Stroman introduced a Statement of Work Agreement between the County and Virginia Electronic Commerce Technology Center (VECTEC) for hosting of the County's website. Supervisor Bradshaw moved. that the Board authorize the Chairman to execute the Agreement between the Board and Virginia Electronic Commerce Technology Center (VECTEC) on behalf of the Board. -The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of .the motion, and no Supervisors voting against the motion: County .Attorney Stroman introduced the Third Amendment to the Lease Agreement between the County and the Department of Social Services to account for the additional space to be taken as a result of the relocation of the Departments of Economic Development and IT. Supervisor Bradshaw moved that the .Board approve the Third. Amendment to the Lease Agreement between the Board and the Isle of Wight County Department of Social Services and authorize. the Chairman to execute on behalf of the Board. The motion. was adopted by a vote of (5-0) with Supervisors Bradshaw, .Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion.. County Attorney Stroman introduced an entertainment contract between the County and The Embers Agency relative to the upcoming County Fair. Supervisor Ivy moved that the Board authorize the County Attorney to execute the contract between the Board and The Embers Agency on behalf of the Board. The motion was. adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark,. Ivy and Wright voting in favor of the motion, and no Supervisors voting against the. motion. County Attorney Stroman presented a proposed draft ordinance concerning a curfew for .minors pursuant to the Board's direction at its August 3, 2006 meeting. Chairman .Wright: commented that he did not believe that the Board should assume the role of parenting children; however, he does agree with the. parent being held responsible. for a child adhering to a curfew. 70 ___~-- s ~a~f 24~~r2S4 County Attorney Stroman offered to review the State statue with respect to -the age limit for driving. a vehicle after midnight. for Supervisor Bradshaw. Supervisor Ivy moved that the County .Attorney forward the proposed draft ordinance to the Sheriff s Office, the Towns of Smithfieldand Windsor, .and the Social Services Department for their comments.. The motion .was. adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and .Wright voting in .favor of the motion, and no Supervisors voting against the motion. County Attorney _Stroman .briefed the Board on the disposition of a lawsuit between the MountBatten Surety Company and All Pro Industries,- LLC, and the Board. He advised that he had received a signed Order and the matter is now pending: in the Judge's chambers. County. Attorney Stroman introduced, the matter of a proposed Deed of Gift for the Rollingwood Water System which he has reviewed and recommends that the Board authorize the Chairman to execute on behalf of the County. Supervisor Bradshaw .moved that the Board authorize the Chairman to execute it on behalf of the County. The motion was adopted by a vote of {5- 0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion.. County Attorney Stroman advised that the remainder of his items. would be discussed with the Board during Closed Meeting. I/ Chairman Wright moved that the Board cake a five (5) minute recess. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, . Brown, .Clark, Ivy and Wright. voting in favor. of the .motion, .and. no Supervisors voting against the motion. Supervisor Bradshaw .moved that the- Board return to open .session. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, . Brown, .Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. I/ Chairman Wright called for the County Administrator's report. 71 ~n~~ 24:~-::265 County Administrator _Caskey presented a funding .request in the amount of $2,780 from the. TRIAD Council for the upcoming 2007 TRIAD. Annual Conference. He recommended th<~t the Board approve the request. Supervisor Ivy moved that the Board authorize a transfer of $2,780. from the Contingency account for the 2007 TRIAD Annual Conference. The motion was adopted by a vote of (S-0) with Supervisors Bradshaw, Brown, . Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. County Administrator Caskey presented a Resolution Reaffirming the County of Isle of Wight's Endorsement of an Independent Policy Board .for the .Southeastern Alcohol Safety Action Program for the- Board's consideration. Supervisor Bradshaw moved that the Board adopt the following Resolution: RESOLUTION REAFFIRMING THE COUNTY OF ISLE OF WIGHT'S ENDORSEMENT OF AN INDEPENDENT POLICY BOARD FOR THE SOUTHEASTERN ALCOHOL SAFE"fY ACTION PROGRAM AND APPOINTMENT OF JUDY LEE TO SERVE ON SAID BOARD WHEREAS, the Commonwealth of Virginia in the interest of highway safety has provided by law programs for probation, education, and rehabilitation of persons charged with driving motor vehicles under the influence of alcoholic beverages and .other self-administered drugs, such programs being collectively known as Virginia Alcohol safety Action Program or VASAP; and WHEREAS, since 1975, one of those programs known as SOUTHEASTERN ASAP has been serving the Cities of Portsmouth, Chesapeake, Suffolk and Franklin; the Town of Smithfield; and the Counties of Southampton and Isle of .Wight providing probation, education, and rehabilitation of persons charged in violation of Virginia Code Section 18.2- 266; and other services approved by the Commission on VASAP. WHEREAS, Section 18.2-271.1 and Section 18.2-271.2, Code of Virginia, establishes a Commission on VASAP, said Commission to establish procedures for the operation of local VASAP programs, and on Aprit 3, 1.987,- said Commission issued directives that all local VASAP programs would .establish and implement an independent Policy Board, representative of localities served, to operate the program; - NOW, THEREFORE, BE IT RESOLVED that the County of Isle of Wight hereby becomes a participating locality in the Southeastern .Alcohol Safety Actiott Program, pursuant to Virginia Code Sections 15.2-1300 and 72 9flnr ~~ rti=~6~ 18.2-271.1, endorsing the establishment of an independent Policy Board, and agreeing to the following:. i. The Board may consist of up to fifteen (15) members. One~person appointed by-the governing body. of each participating jurisdiction. for a term of at least three (3) years; 2. Other members of the Board shall be selected by majority vote of appointed members to .serve terms of two (2) year each .and shall include persons representing education, police, courts and citizens; 3. The Program shall be operated by the Board in compliance with. the . VASAP Commission Policies .and Procedures. and in conjunction with requirements of the local administrative and fiscal agency; a. Each fiscal year, the Program Director shall prepare a budget and submit it for approval to the Board and the Commission on VASAP. The VASAP Commission shall be responsible for funding any deficit occurring in .the operation of the .Southeastern ASAP Program; s. This agreement shall remain in effect continuously -from year to year until termination either by the Policy Board, local jurisdiction, or the Commis soon on VASAP. Part~c~patmg cities or counties .may i hd w t raw at any time by official action of its .governing body and appropriate notice to the Policy Board. If a locality withdraws, its representatives shall. no longer serve on the Policy. Board; and 6. Title of property .acquired by the Board shall be vested with The Boar d as lon as two or more local 'u isdi ' r coon g ~ s continue to participate in its operation. In the event that all local units of government withdraw and the Commission on VASAP withdraws it endorsement the roe owned b the Boar d s a l l h be sold at P P rtY y ublic auction and the roceeds of u h s e sate shall be a ortione p p pP d and paid to those units of local government which have participated. since September 1, 1987, each to be paid an equal percentage of the proceeds. t NOW, THEREFORE, BE IT RESOLVED that the Isle. of Wight Board of Supervisors hereby. appoints Judy Lee as a regular member of -the. Southeastern Alcohol Safety Action Program (ASAP); FURTHER BE IT RESOLVED that Ms. Lee's term -will be effective immediately serving at the pleasure of the Board. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, ,Clark, Ivy and Wright voting in favor of the motion, acid no Supervisors voting against the motion. 73 Ea~K 24.~~.-2~7 ~~ Chairman Wright called for Appointments. Supervisor Clark moved that the Board appoint Sandy Schlaudecker to serve on the Office on Youth Oversight Committee. The motion was adopted by a vote of (S-Q) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. Chairman Wright moved that the Board appoint Everett Scott to serve on .the Southeastern Public Service Authority Citizens Advisory C©mmttee. The motion .was adopted by a vote of (5-0} with Supervisors Bradshaw, Brown, Clark, Ivy and Wright :voting in favor of the motion, and no Supervisors voting against the motion. Supervisor .Bradshaw moved that the Board appoint the members as recommended by -staff to serve on the Affordable .Housing Strategy. Task Force.. The motion was adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. - L/ Chairman Wright called for Old Business. County .Administrator Caskey advised that the Board Report contained I, in the agenda regarding the Southeastern Public Service Authority (SPSA} is a carryover item from the Board's previous meeting of August 3, 2006 ~ wherein John Hadfield, SPSA's Executive Director, addressed the Board regarding a proposal for out-of--area waste. Supervisor Bradshaw recalled that the -Board had previously taken a position that the Board is not in support of accepting out-of--State waste.. Supervisor Brown stated the rationale behind accepting out-of--State waste is to lower the ipping fee for participating localities. Chairman Wright requested that Supervisor Brown inquire at the next SPSA meeting how much SPSA is charging Covanta to dump a ton of garbage, and the amount being paid by the County in comparison to Covanta. Supervisor Ivy. inquired why SPSA is nat burning its own waste, therefore reducing landfill space versus SPSA looking for another location to build a new landfill if there is excess burning capacity. Supervisor Bradshaw commented on the importance of the Board j stating its position that it is not in favor of receiving any out-of--state trash by ~~ 74 ~~ • 904M ~4 ~; •; ~U© SPSA, for disposal of by any means. He stated because of the environmental sensitivity, SPSA- should be disposing of its own trash and, if there is extra capacity, SPSA should be looking at that from a financial position.: He summarized that the .Board needs to determine what alternatives were considered for bringing out-of-state trash in versus burning: the region's own trash; how .much. SPSA is charging Covanta for. their tipping .fee in comparison to what the County is having to pay in .tipping fees; express. the County's major concern with the financial proposal being presented on the alternatives with respect to the bonds; and, advise that the .Board has concerns with the management of SPSA, and does the Board :need. to request that a performance audit be done, i.e., to review the management and operation and how the business is run; is it effectively and efficiently run and maintained; manpower; review of the administration; ..review how management decisions are made; and, why has SPSA gotten into this financial situation. Supervisor Clark. invited Chairman Wright to join him and County Administrator. Caskey for Tunch to formulate a list of the Board's concerns. Supervisor Bradshaw suggested that the Board send their individual comments and concerns to Chairman Wright and. Supervisor Clark prior to their lunch meeting. .Patrick J. Small, Assistant. County Administrator, reported that the Information Technology Department has .been successfully. moved from the Human Services Building to the building formerly util2ed .by the School .Administration. at the Courthouse Complex. He advised that: the economic development space was vacated two (2) weeks ago,. and is now the property of the Social Services Department. Responsive to Supervisor Bradshaw, Assistant County Administrator Rountree briefed the Board on the installation of the new HVAC unit for the Social Services Building. He stated the contractors are experiencing difficulty removing air from the lines, and they are continuing to work on the problem. .Supervisor Bradshaw requested .that the. heating system serving the building-also be checked. Chairman Wright called for discussion on the status report for on-going ..enforcement: action at the Founder's. Pointe Subdivision, Phase II, for violations of the .County's Chesapeake Bay Preservation Area (CBPA) Ordinance which was removed under the Consent Agenda and placed under Old Business for further discussion, Chairman Wright commented. that he has no tolerance for, developers who take advantage of the .County by disturbing. the wetlands, and he would like o see them. criminally :prosecuted. He stated this would send. the 75 message to other developers that they must follow the law when they are operating in the County. He .stated that he understands mistakes, but he has no sympathy forblatant disregard. Ms. Walkup advised that staff intends to bring a mitigation plan back to the Board, as well as consideration of a Consent Order that Founder's Pointe will be required to agree because of the violation they committed. She. stated at that time, the Board will have the opportunity to also impose a fine. Supervisor Clark commented that he visited the .site where the developers. allowed for all the trees to be removed. He stated. developers ar-e responsible for. what their independent contractors do and they need to be monitoring them very closely.. Responding to Chairman Wright, t:ounty Attorney Stroman advised that the developers could be charged $5,000. from the date of the removal of the trees that were not damaged until the time that the matter is mitigated. He advised that the Board has the ability to go in under a criminal offense, which is $5,000 per day, and there is no jail .time, or the Board could. alternatively have a civil .Consent Order which provides for a one (1) time payment of a civil charge, not to exceed $10,000. He stated if the Board. believes that the $10,000 is not a sufficient incentive, then the Board may wish to proceed with criminal action. Chairman Wright stated that many contractors will believe that a $10,000 penalty is not sufficient to prevent them from doing the same violation in the future. He stated if a developer is penalized $5,000 per day for each violation, and. that would make a difference. Supervisor Clark advised that the Board wants to get the developer's attention, but it also wants to be fair. Chairman Wright stressed .that the Board wants to ensure that the developer knows what he has done. County Attorney Stroman stated it is also imperative that the Board maintain some credibility with the courts, so it should be a .strong case. He stated typically the developer is the property owner, and the. developer hires the contractor, and the property owner. is responsible for the actions of that agency. He offered to meet with Ms. Walkup and. provide. the Board with a recommendation prior to the Board's. next report corning back on this matter. Supervisor Clark moved that. the Board direct .Beverly H. Walkup and County Attorney Stroman to confer and bring back a recommendation to the Board as to an enforcement action. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. 76 e Chairman Wright called for a continued discussion on the Lawnes Point Subdivision sewage disposal system. Supervisor .Clark inquired..from Attorney Riddick if the. developers were .willing to install a SBR system. that isanon-discharge system. - Attorney. Bill Riddick stated. that there is no question that the developers initially represented that the system would be a no-discharge system because the Schaffer system is what the developer originally believed .was the. best technology available. However, once the. developer began the permitting process, DEQ and other agencies advised that there was a better system to build. He stated. that the water quality with a SBR .system is superior, and he proposed that the developers file a new application for a new permit to include a system'that would, .for the treatment component, be the SBR, and that the system would be designed so that it would reclaim and use 100% of the -effluent. He advised that this requires., as a safety valve, a discharge permit in the event of a hurricane- or an event where discharge far exceeds storage. capacity.. He stated the County would. end up with a non- discharge system. that produces a higher quality water, which can be put in different- places. than just sprayed onto. a field. He advised that the Board would be receiving a letter certifying that what the developer is proposing is consistent with the County's ordinances. Supervisor Clark .advised that he and Mr. Nogiec were allowed to visit Fort Huger, a pristine and historic piece of property.. He recalled that one. (1) of the newspapers had reported that there was another way ..that the County could have acquired Fort Huger. Attorney Riddck replied that Fort Huger was located on private property, and' there was no other way the County could have acquired it. // Chairman Wright called for New Business. Supervisor Bradshaw advised that the Board's Finance Committee members have, in the past, taken the position that .decals assisted with the collection of taxes and assisted with the monitoring of trash at the County's convenience centers. He stated because neither of those reasons are valid, he -would recommend that .staff be .asked to review the issue, and make a recommendation on how to eliminate the decals. Supervisor Bradshaw moved that the Board direct staff to review the feasibility of eliminating County decals and report back to the Board with a recommendation on how to eliminate it. Staff is further directed to work with the County Attorney regarding what changes are needed in the County's ordinances. .The Public Works Department -will be required to check identification at the disposal sites within the County. The motion was ?? adopted by a vote o€ (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw advised that the Director of Budget and Finance will be forwarding information to the Board for its review and consideration prior to her proposal to the Board at its September 7, 2006. // 1 County Attorney requested a Closed Meeting pursuant to Section 2.2- 3711.A.7 to receive legal advice pursuant to the Voting Rights Act concerning the movement of a polling place following the upcoming General Election; pursuant to Section 2.2-3711.A.7 concerning legal advice involving wetlands and Chesapeake Bay violations and Conditional Use Permit .issues related. to Lawnes Pointe on the James; pursuant to Section 2.2-3711.A.7 to receive legal advice regarding the proposed Open Burning Ordinance; pursuant to Section 2.2-3711.A.? to receive legal advice on the payment of proffers by the Town of Windsor; pursuant to Section 2.2-3711.A.7 to receive information regarding the potential disposition of publicly held property where discussion in open session might jeopardize the position of the governing. body; pursuant to Section 2.2-371I.A.7 concerning legal advice regarding the applicability of the non-attainment regulations to the County; and, pursuant: to Section 2.2-3711.A.I concerning a personnel matter. Supervisor Brown 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-©) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and no Supervisors voting against the motion. Supervisor Bradshaw moved that the Board return to open session. The motion was .adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy and Wright voting in favor of the motion, and. no Supervisors .voting against the motion. Supervisor Ivy moved that the Board adopt the following Resolution: CERTIFICATION OF CLOSED MEETING .WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, .Section 2.2-3712.D of t:he Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; f NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's .knowledge, O 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.: Brown, Bradshaw, Clark, Ivy and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 At .10:30 p.m., Supervisor Bradshaw moved that the $oard adjourn its meeting. The motion -was adopted by a vote of (5-0) with Supervisors. Bradshaw, Brown,. Clark, Ivy and Wright voting in :favor of the. motion, and no Supervisors voting against the motion. W. Dougl a y, Clerk 79