12-13-2007 Regular Meeting
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE THIRTEENTH DAY OF DECEMBER IN
THE YEAR TWO THOUSAND AND SEVEN
PRESENT: Thomas R. Ivy, Chairman
Stan D. Clark, Vice-Chairman
James B. Brown, Jr.
Thomas J. Wright, III
Phillip A. Bradshaw
Also Attending: A. Paul Burton, Interim County Attorney
W. Douglas Caskey, County Administrator
Patrick J. Small, Assistant County Administrator
Carey Mills Storm, Clerk
Chairman Ivy called the meeting to order at 4:00 p.m.
The invocation and Pledge of Allegiance were conducted during the
Board?s Retreat, which was held just prior to this meeting.
//
Chairman Ivy called for Approval of the Agenda.
Interim County Attorney Burton offered the following amendments to
the agenda: Under General Services Report, add a contract with Red Oaks
for professional services for the water and sewer rate analysis; under County
Attorney?s Report, add authorization to sign the Deed of Bargain and Sale
conveying the Fire and Rescue Property in Smithfield from the Town of
Smithfield to the Board of Supervisors of Isle of Wight County; under
County Attorney?s Report, add four (4) closed meeting items; under Special
Presentations, move Item (B) to (A), per the request of Supervisor
Bradshaw; under Regional Reports, add discussion of the Intergovernmental
Relations meeting, per the request of Chairman Ivy; and, under New
Business, add discussion concerning County property at James and
Washington Streets.
Supervisor Bradshaw moved that 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 Ivy called for Special Presentations/Appearances.
Chairman Ivy recognized the members of the Isle of Wight Academy
Football Team.
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Supervisor Wright moved that the Board adopt the following
Resolution:
RESOLUTION TO RECOGNIZE THE
ISLE OF WIGHT ACADEMY FOOTBALL TEAM
FOR OUTSTANDING ACHIEVEMENT
WHEREAS, the Isle of Wight Academy Chargers Football Team won
the 2007 Virginia Independent Schools Football Association Division 3
State Championship; and,
WHEREAS, the Chargers Football Team is the first team ever to win
the Division 3 State Championship three (3) years in succession; and,
WHEREAS, the Chargers Football Team also won the 2005 and 2006
State Championships and for the past three (3) years have a cumulative
record of 31 wins and only 5 losses; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight
County wishes to recognize these significant achievements.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia recognizes
and congratulates the Isle of Wight Academy Chargers Football Team for
outstanding achievement.
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 Ivy recognized the following employees for their years of
service:
Name Department Years
Waverly Traylor Animal Control Officer 5
Donna Proffitt Payroll Technician 5
Susie Wuchter Deputy Clerk II, COR 5
Charles Glassco Deputy Sheriff 5
Robert Penrod Deputy Sheriff 5
Cheryl McClanahan Deputy Clerk II, Treasurer 5
Richard Hurdle Medic 5
Royce Munker Medic 5
Charlene Young Museum Docent 5
Charlie Edwards Convenience Center Attendant 5
Larry Myers Medic 5
Julie Boswell Accounts Payable Technician 10
Charie Wells Park Attendant 10
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Norma Wilson Custodian 10
Will Blair Codes Compliance Inspector 15
Paul Phelps Deputy Sheriff 15
Doug Caskey County Administrator 20
Lorrie Trout Deputy Clerk II, Clerk?s Office 20
Barbara Chappell Secretary 20
Benjamin Faltz Sanitation Equipment Operator 20
Randy Gardner Deputy Sheriff 30
Mr. Bill Parker, Vice President of Operations, Farm Fresh
Supermarkets, introduced Ms. Susan Mayo, Vice President of Consumer
Affairs and Public Relations with Farm Fresh and Margaret Ballard with the
Retail Alliance. He briefed the Board on the various recycling programs
being implemented by Farm Fresh Supermarkets, to include reusable
shopping bags for its customers. He noted that the Farm Fresh store in
Smithfield could serve as a local collection point and he offered Farm
Fresh?s expertise with respect to spearheading a community awareness
program. He suggested that in an effort to ensure that plastic bags are not in
the fields at harvest time, that certain days could be designated as volunteer
pick-up days just prior to that time. He requested that he be invited to serve
on any committees formed to study this issue.
Chairman Ivy moved that staff be directed to contact representatives of
Farm Fresh as a community partner to work together to formulate ideas
relative to the recycling of plastic bags. 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 recommended that County Administrator
Caskey work alongside Farm Fresh officials with respect to that store
serving as a collection point for the drop off of plastic bags.
Delegate William K. Barlow advised the Board that the General
Assembly would be discussing this issue with respect to what type of
legislation would be best to introduce. He noted that we can not continue to
fill our landfills with materials that do not decompose. He stated that plastic
is a petroleum product and not only will its cost continue to increase, but it
will also be scarce one day.
Ms. Heather Livingston, Executive Director, Hampton Roads Chapter
of the American Red Cross, introduced Louis Morris, Jack York, Salle Bell
Benedetti, Wanda Austin and Richard Turner, members of the American
Red Cross Board of Directors.
Jack York briefed the Board on the ongoing efforts of the Hampton
Roads Chapter of the American Red Cross.
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Louis Morris distributed a brochure containing the mission of the
American Red Cross, along with an artist?s rendering of a new facility
anticipated to cost $5,000,000. He advised that the City of Hampton has
donated three (3) acres of land behind the existing facility and he requested
that the County consider joining the other participating localities of the
Cities of Hampton and Newport News and provide funding in the amount of
$250,000 over the next five (5) years in support of the new building
campaign. He advised that approval from the National Red Cross is
necessary in order to move forward and local chapters are required to have
95% of the cost of the facility committed as pledges before breaking ground
on a new building. He further advised that a $1,000,000 endowment for
building maintenance and operations is also required. He advised that W.
N. Jordan, the proposed builder, is making an in-kind contribution and will
not receive any profit from building the building. He advised that $1.6
million has been raised to date. He stated once the new building is
complete, the existing facility can be sold and the proceeds used to fund the
cost of the new building.
Supervisor Bradshaw moved that the Board send the request to the
CIP Committee for its review and consideration. 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.
Jay Moore, Vice-President, Moseley Architects, briefed the Board on
the various ?green options? available for the proposed new courts building
and the results of the space needs analysis for the courts and Sheriff?s office
buildings.
Brenna Dunn, Moseley Architects, addressed the Board regarding the
U.S. Green Building Council; guidelines associated with high performance
buildings; and, opportunities available in the community. She advised that
buildings account for much of the depletion of natural resources, noting that
17% of freshwater withdrawal go to buildings; 25% of the wood harvest
goes into construction; 33% of carbon emissions come out of buildings; and,
40% of natural resources go into the construction of buildings. She advised
that the U.S. Green Building Council is a national organization that has
developed guidelines with respect to leadership, energy and environmental
designs for high performance buildings, which are targeted at design,
construction and long-term operation of building facilities. She noted the
five (5) primary areas of concern include sites; water; energy; materials; and,
indoor quality. She stated there are multiple levels for green buildings and
seven (7) prerequisites which must be accomplished, as well as two (2)
mandatory energy conservation points that must be earned. She advised that
a building is certified if twenty-six (26) points out of sixty-seven (67) points
are accomplished and that thirty-three (33) points qualifies for a silver
certification and more than fifty-two (52) points qualifies for a platinum
certification. She stated in Virginia there are 200 buildings committed and
twenty (20) buildings that have completed certification. She stated results
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are immediate and measurable for high performance buildings, which show
an average energy savings of 30% than those built to code.
Supervisor Wright directed that a scenario be developed illustrating
the net cost savings over a 30-year period to build a facility utilizing the
silver achievement point described by Moseley.
Tony Bell, Moseley Architects, advised that Moseley Architects had
completed a review of the facilities in 2001 and developed a space needs
analysis and a facilities master plan, which consisted of a new
Administration building; a new Courts building; a new School Board
building; and, an addition to the Human Services building, all of which will
be served by a proposed central parking lot located in the middle of those
structures. He stated a new fire station on an adjacent parcel with a
driveway to the fire house that would reach the centerline of Poor House
Road is also proposed. He advised that CASA and the computer server
room had not been included in the space needs analysis as they did not exist
in 2001. He noted that the Sheriff?s office has also experienced a great deal
of growth since that time. He presented the following three (3) options to
address the County?s space needs: Build a 47,000 square foot courts
building to meet all of the projected court?s needs in one (1) building and
expand and renovate the existing courts and Sheriff?s building for the
Sheriff?s office, E-911, the EOC and the Magistrate, at a cost which would
exceed the budget; build a 47,000 square foot courts building and renovate,
but not expand the existing courts and Sheriff?s building for the Sheriff, E-
911, the EOC and the Magistrate, which would exceed the budget; or, build
a 44,000 square foot courts building to meet all the projected needs except
the Commonwealth?s Attorney and the Victim Witness offices, who have
proposed relocating to the existing court clerk?s building, which does meet
the budget, but which will not meet the twenty (20) year needs of those
departments. He noted as with Option 2, the twenty (20) year needs for the
Sheriff?s office, E-911, EOC and Magistrate will not be met. He noted that
the EOC and E-911 can be relocated to the proposed fire station. He stated
by moving these offices to a new facility, new technology and infrastructure
can be integrated for the future.
Supervisor Bradshaw inquired when the site work for the sewage
would be reviewed.
Mr. Moore advised that a soil scientist has identified the areas which
can be used for expansion of the exiting septic system and that there are a
number of areas with good quality soil, which have been discussed with the
Health Department officials on a preliminary basis. He noted that the
officials from the Health Department which were involved in those
discussions five (5) years ago are now retired and working as consultants
with the Health Department.
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Mr. Bell stated that renovation of the existing courts building was
reviewed and of the 14,500 square feet, 80-100 square feet would be
renovated for the court functions and the E-911 and existing Sheriff?s office
could remain as they are. He stated that renovation would cost $820,000,
plus escalation, for a total of $893,800. He stated the existing court clerks
building at 3,500 square feet could be accomplished for a total of $350,000.
He stated Option 1, which would consist of adding an addition onto the
existing court building and building a larger courthouse of 47,000 square
feet could be accomplished for a total of $16.7 million. He stated that
Option 2 can be accomplished for $16 million, but it does not include an
addition being added onto the existing courts building. He noted that
eventually the Sheriff?s office will run out of space. He stated Option 3,
which can be accomplished for $15.5 million calls for building a 44,000
square foot court house; renovating the existing courts building; and,
renovating the existing clerk?s building.
Chairman Ivy recommended that the matter be forwarded to the
Building and Grounds Committee for recommendation back to the Board.
Supervisor Bradshaw recommended that the Building and Grounds
Committee review a map of the entire complex. He noted that the need for a
records retention facility and a facility to store artifacts for the museum has
been discussed in the past, as well as expansion of Public Works and Public
Utilities Departments.
Supervisor Wright inquired about the location of the buildings to the
Route 258 center line.
Mr. Bell responded that he is showing a setback equal to the existing
Administration building.
Supervisor Wright noted that in the future Route 258 will either be a
four (4) lane highway or it will be re-routed. He requested that anything
being built any further out be taken into consideration so that it is not
located too close to the highway.
Supervisor Bradshaw moved that the Board send the proposal to the
Building and Grounds Committee for further review and recommendation
and that they take into consideration the proposed additional space needs as
presented to the CIP Committee and that future buildings will have an
impact on Route 258. 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 Clark noted that the need for a new court house has been
necessitated because prisoners are now being transferred from the jail along
public corridors where civilians are present; the Judges do not have a secure
office; the existing courthouse is behind with respect to safety for court
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personnel and the public; the juvenile courts, who are required to keep
confidential records, do not have space available to keep secure juvenile
records; the Sheriff?s office does not have space to expand; and, the
temporary holding facility for prisoners is inadequate. He advised that in
the State of Virginia, a Circuit Court Judge can dictate a locality to build a
courthouse. He noted that the Judges have been extremely patient up to this
point, but safety, security and confidentiality factors warrant that the County
not delay any longer.
//
Chairman Ivy requested that the Director of Tourism provide an
update regarding the Isle of Wight County Museum.
Judy H. Winslow, Director of Tourism, briefed the Board regarding
certain misconceptions relative to the Tourism Department?s relocation to
the Museum. She stated that staff feels that the Museum is an excellent
location for visibility purposes. She stated because of concerns that have
been expressed by some of the members on the Museum Foundation, she
would like to clear up some of the misconceptions. She stated the galleries
that will be turned into office and work space are located in the basement of
the Museum for artifact work, display planning and set-up and
administrative functions. She stated that although efforts are being
undertaken, staff can not assure that this space will never flood again
because the building was constructed at the lowest elevation in Smithfield.
She stated that the previous exhibit space that was located in the basement
was not accessible to handicapped individuals and in conflict with the
American with Disabilities Act. She stated that the biggest change to the
building will be the code compliance staircase, which dominates the
building and most of the changes in the building had to be planned around it
because of code issues. She stated that the steps, which will be walled to
accommodate the stairs, will be located in a portion where the balcony in the
main gallery is located. She noted that staff would like to keep the very
valuable historic photos that hang on the existing wall at their present
location and she welcomed dialogue with anyone who could present a plan
that would still exhibit those photos and open the balcony. She stated that
the theatre will still be in existence and is being moved to a better location
in the Sprig wing to better accommodate its function and allow for a
required handicapped accessible restroom. She stated that staff is very open
to dialogue on how the theatre is interpreted. She stated the Visitor?s Center
will be taking over the same amount of space that the Museum previously
allotted for its gift shop in the Sprig wing and that the Visitor Center
personnel will be working in the Gift Shop. She stated what will be offered
in the Gift Shop will be scaled back to strictly historic merchandise as staff
does not want to compete with other merchants on the street. She advised
that Tourism and Historic Resources staff will be relocated to the apartment
above the Sprig wing, which previously housed a private residence. She
noted that this space is not handicapped accessible for exhibit space and
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staff does not believe it is large enough to provide total collection storage.
She stated that staff has plans to house and maintain the entire Museum
collection, which is over 10,000 artifacts and archives, at a separate location
that has adequate climate control; physically distinct intake quarantine and
storage room areas to meet the varying environmental and other needs of the
mixed collection. She reiterated that staff remains open to discuss the move
of the Tourism office to the Museum.
Supervisor Wright encouraged Ms. Winslow to make known to the
public what exactly is being proposed with respect to this move as he has
received numerous calls on this matter.
Ms. Winslow advised that she met yesterday with the Museum
Foundation and she believes that the members now have a better comfort
level with this move.
//
Chairman Ivy moved that the Board take a 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.
//
Chairman Ivy called for Regional reports.
Chairman Ivy requested County Administrator Caskey to schedule a
joint meeting of the Smithfield and Windsor Intergovernmental Relations
Committees to begin discussions on the water rate issue.
Supervisor Wright requested that the Commissioner of Revenue, the
Treasurer and the Towns of Smithfield and Windsor be invited to a meeting
of the Windsor Intergovernmental Relations Committee for the purpose of
unifying the tax collection billing and that the Smithfield Intergovernmental
Relations Committee is to commence following that meeting.
Supervisor Bradshaw requested County Administrator Caskey to
distribute copies of the Hampton Roads Economic Development Alliance?s
Strategic Plan for 2008 and the Business Attraction report to the Board
members, which contains confidential information. He advised that
recognition of Hampton Roads continues to be the focus. He noted the
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annual meeting will be held on January 10, 2008 at Founder?s Inn at
lunchtime.
Supervisor Bradshaw reported that the International Paper (IP)
community meeting was focused on environmental initiatives and measures
that IP is taking with regard to the protection of the environment. He
advised that his proposal is to have a joint resolution developed between the
City of Franklin, Southampton County and Isle of Wight County recognizing
the company?s achievements.
Supervisor Clark advised that the Hampton Roads Transportation
Authority is proceeding with the hiring of an Executive Director. He further
advised that its legislative package has been mailed to the General
Assembly.
Supervisor Wright reported that an agreement to provide water to the
County for the next 40 years is currently being developed by the Western
Tidewater Water Authority.
Supervisor Wright reported that four (4) candidates are to be
interviewed for the position of Jail Superintendent of the Western Tidewater
Regional Jail Authority at its next regular meeting.
Supervisor Wright reported on the recent trip to Alliance, Texas which
was taken for the purpose of visiting an intermodal commerce park.
Supervisor Brown noted that he would be providing the Board with
copies the Southeastern Public Service Authority?s Strategic Testing and
Financial Forecasting model for the Board?s reference. He advised Interim
County Attorney Burton that following his review of a resolution pertaining
to flow control, he could advise the Board accordingly on what action to
take.
//
Chairman Ivy called for Transportation Matters.
Kristen M. Mazur, County Engineer, formally introduced Brad Eudy,
the County?s new Project Engineer.
Responsive to Supervisor Brown?s inquiry relative to the crash rate on
Route 258 on Courthouse Highway, Ms. Mazur advised that VDOT did not
recommend reducing the speed limit and will be installing a 45 mph
advisory signage.
Supervisor Brown advised that the curve is a compound curve, which
can be deceptive if a motorist is not familiar with the roadway.
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Supervisor Bradshaw suggested that chevrons, stripping and rumble
strips be installed going in and out of the curve as a safety precaution to help
reduce the potential for accidents.
Ms. Mazur advised that rumble strips require certain criteria for
installation and may not qualify at this location.
Chairman Ivy directed Mr. Eudy to be creative in determining a
solution that will make that road safer than it currently is with respect to
motorists traveling around the curve at the bridge and coming up the hill
when school buses are stopped to unload children.
Supervisor Bradshaw requested that rock or dirt be added to the
shoulders on Business Route 58 in Carrsville, west of the bridge, in front the
elementary school and community house.
Supervisor Bradshaw requested the status of Route 460 at Zuni.
Mr. Eudy offered to find out the status and report back to the Board.
With respect to the tunnel in Zuni, staff advised Supervisor Bradshaw
that poles, a yield sign and re-stripping is being accomplished at this time.
Supervisor Bradshaw notified staff that the 45 mph speed limit sign on
Thomas Woods Trail has been removed. He requested that staff check to
see if the speed limits will be lowered to 25 mph at the residential area and
at the curves.
Supervisor Brown inquired about the status of the easement at Owens
Estates.
Ms. Mazur advised that a proposed recommendation will be
forthcoming.
Teresa Johnson of Carrollton reiterated her request for appropriate
signage before the curve at Reynolds Drive and Smiths Neck advising of a
dangerous or hidden intersection.
Supervisor Clark moved that the Board direct staff to invite the
Residency Administrator to the Board?s January 17, 2008 meeting to make a
report on the progress of the Board?s previous request on this matter. 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.
Ms. Mazur referred to information contained in the agenda regarding
the status of various transportation projects throughout the County. She
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noted that items highlighted in yellow are those that have changed since the
previous Board meeting.
With respect to the restriction of through-trucks on Foursquare Road
and Broadwater Road (Route 620), Kristin M. Mazur, County Engineer,
pursuant to the Board?s direction at its November 15, 2007 meeting, advised
that staff has determined that the difference in mileage between the
recommended detour route (Route 258) and Route 620 is 7.5 miles, with a
difference in time of approximately eight (8) minutes.
//
Chairman Ivy called for Citizens Comments.
Teresa Johnson, President, Carrollton Civic League, commended
Chairman Ivy for his past support of the League and the County.
Sadie Boyer of Carrollton thanked the Board for its commitment to
videotape the Board?s meetings. She requested that any information
displayed on the TV screens in the Board Room also be videotaped. She
recommended that the Planning Commission also begin taping its meetings.
//
Chairman Ivy called for Board comments.
Supervisor Wright advised that he had spoken with the Planning
Commission Chairman and requested that he consider the feasibility of the
Planning Commission having its meetings taped.
Supervisor Bradshaw directed staff to take into consideration Ms.
Boyer?s comments with respect to having PrimeMedia incorporate
presentation slides into the taping.
//
Chairman Ivy called for the County Attorney?s report.
Interim County Attorney Burton presented recommended financial
guidelines prepared by Davenport and Company which have been adopted
by similar jurisdictions for Community Development Authorities (CDA?s).
He recommended that the Board authorize his office to advertise the
guidelines for public hearing at the Board?s January 17, 2008 meeting.
Supervisor Clark moved that the Board authorize the County
Attorney?s office to advertise the Guidelines for Community Development
Authorities at the Board?s January 17, 2008 meeting. The motion was
adopted by a vote of (5-0) with Supervisors Bradshaw, Brown, Clark, Ivy
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and Wright voting in favor of the motion and no Supervisors voting against
the motion.
Interim County Attorney, responsive to Supervisor Bradshaw?s request
at the Board?s October 30, 2007 meeting, advised that it is his legal opinion
that the County?s franchise provider has no legal requirement to provide the
County a more recent service map than that showing the initial service area.
County Administrator Caskey advised that Mr. Tom Ross, Charter
General Manager, will be in attendance at the Board?s first meeting in
February 2008 and that at that time a map of the County showing service
areas may be available.
Interim County Attorney Burton requested the Board?s authorization
to advertise for public hearing An Ordinance to Amend and Reenact Chapter
15. Taxation. Article IV. Electric and Natural Gas Consumers Tax. Section
15-11. Electric Utility Consumer Tax. and Section 15-12. Local Natural
Gas Utility Consumer Tax at the Board?s January 17, 2008 meeting.
Supervisor Bradshaw moved that the Board authorize the County
Attorney?s office to advertise the Ordinance for public hearing at the
Board?s January 17, 2008 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.
Interim County Attorney Burton, responsive to the Board?s directive at
its November 15, 2007 meeting, outlined the criteria by which a Conditional
Use Permit (CUP) can be granted, as outlined in Section 1-1017(h) of the
Isle of Wight County Zoning Ordinance.
Chairman Ivy requested that Interim County Attorney Burton, in the
future, include a copy of the criteria by which a Conditional Use Permit can
be granted or denied, as well as the review standards associated with
rezoning applications at the beginning of the public hearings section of the
agenda so that the Board can review the legal requirements that would allow
it to deny a particular application.
Interim County Attorney Burton, responsive to the Board at its
November 15, 2007 meeting, outlined the review standards associated with
rezoning applications, as outlined in Section 15-2-2285 of the Code of
Virginia.
Interim County Attorney Burton requested the Board?s authorization
to advertise for public hearing An Ordinance to Amend Chapter 2.
Administration. Article I. In General. Section 2-5.1. Disclosure of
Personal Interests at the Board?s January 17, 2008 meeting.
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Supervisor Clark moved that the Board direct the County Attorney?s
office to advertise the Ordinance for public hearing at the Board?s January
17, 2008 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.
Pursuant to Supervisor Bradshaw?s direction at the Board?s October
30, 2007 meeting, Interim County Attorney Burton advised the Board that
there is no statutory authority granting counties the legal authority to ban
smoking from privately owned and operated restaurants or other facilities.
He further advised that in order for the County to ban smoking, it would be
required to seek the enactment of special legislation.
Supervisor Bradshaw moved that the Board direct Interim County
Attorney Burton to work with Mr. Robertson and add the matter to the
County?s legislative priorities. 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.
Interim County Attorney Burton requested that the Board authorize his
office to advertise for public hearing An Ordinance to Set the Salaries for
the Chairman and Members of the Board of Supervisors, Pursuant to the
Code of Virginia, Section 15.2-1414.3 at the same time that the Board
adopts the annual Appropriations Ordinance.
Chairman Ivy moved that the Board direct the County Attorney?s
office to advertise the Ordinance for public hearing at the same time as the
Board adopts the annual Appropriations Ordinance. 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.
Interim County Attorney Burton requested that the Board authorize its
Clerk to advertise the regular Board of Supervisors? organizational meeting.
Supervisor Clark moved that the Board authorize the Clerk to
advertise the regular Board of Supervisors? Organizational Meeting for
January 3, 2008 at 3:00 p.m. in the Robert C. Claud, Sr. Board Room at the
Isle of Wight County Courthouse in Isle of Wight, Virginia. 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.
//
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,
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Clark, Ivy and Wright voting in favor of the motion and no Supervisors
voting against the motion.
//
Chairman Ivy called for a public hearing on the following:
A. An Ordinance to amend the following sections of Appendix B,
Zoning: Section 1-1020.H (Nonconforming Situations,
Restoration or Replacement) to allow redeveloping sites to
maintain existing impervious cover conditions; and Section 2-
1002 (Definitions) to include a definition of redevelopment.
Amy Ring, Assistant Director of Planning and Zoning, advised that
the purpose of the amendment is to provide flexibility of redevelopment of
older sites when applying the County?s lot coverage standards. She advised
that the Ordinance would specify that existing lot coverage would not have
to meet the current maximum coverage of 60% as long as the amount of
coverage is not increased and the applicants can meet the requirements of
the Chesapeake Bay Preservation Area Ordinance and whatever storm
management regulations are in effect at the time.
Chairman Ivy called for persons to speak in favor of or in opposition to
the proposed Ordinance.
No one appeared and spoke.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Supervisor Bradshaw moved that the Board adopt the following
Ordinance:
AN ORDINANCE TO AMEND
Appendix B, Zoning, of the Isle of Wight County Code
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, has the legislative authority to make reasonable changes to the
ordinances that govern the orderly growth and development of Isle of Wight
County; and
WHEREAS, the Isle of Wight County Board of Supervisors also seeks
to allow flexibility in the administration of the ordinance regulations while
protecting the health, safety, and general welfare of present and future
residents and businesses of the County.
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NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, of the Isle of Wight County
Code be amended as follows:
1-1020 Nonconforming Situations
H.Restoration and Replacement
6. Redevelopment of a site which is non-conforming as to
lot coverage standards shall be permitted to maintain lot
coverage on site equal to or less than the existing impervious
coverage on site at the time of redevelopment, provided that
the post-development stormwater runoff shall meet the
quality and quantity requirements or the County Chesapeake
Bay Preservation Area Ordinance and stormwater
management regulations.
2-1002 Definitions
Redevelopment?the process of using land that contains or
previously contained development.
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 Ivy called for a public hearing on the following:
An Ordinance to Amend and Reenact the Isle of Wight County Code
by Adding a New Chapter 14A Entitled ?Stormwater Management
Program.?
Interim County Attorney Burton certified that the Ordinance had been
properly advertised and recommended that the Board approve it as
submitted.
Chairman Ivy called for persons to speak in favor of or in opposition to
the proposed Ordinance.
No one appeared and spoke.
Chairman Ivy closed the public hearing and called for comments from
the Board.
Chairman Ivy moved that the Board adopt the following Ordinance:
ANORDINANCETOAMENDANDREENACTTHE
15
ISLEOFWIGHTCOUNTYCODEBYADDINGANEW
CHAPTER14AENTITLED?STORMWATERMANAGEMENT
PROGRAM?
C14A
HAPTER
AOEA
N RDINANCE STABLISHING
SMP
TORMWATER ANAGEMENT ROGRAM
W, the Isle of Wight County Board of Supervisors desires to
HEREAS
establish a stormwater management program for Isle of Wight County,
Virginia to protect properties, safeguard the general health, safety and
welfare of the public residing in or near watersheds within this jurisdiction,
and to protect aquatic resources; and,
W, the Stormwater Management Act, Section 10.1-603.1 et
HEREAS
seq. of the Code of Virginia (1950, as amended) expressly authorizes
localities located within Tidewater Virginia, as defined by the Chesapeake
Bay Preservation Act (§ 10.1-2100 et seq.), to adopt a local stormwater
management program for land disturbing activities as designated herein; and
W, the Federal Water Pollution Control Act, 33 U.S.C.A. §
HEREAS
1251 et seq., requires the Environmental Protection Agency to establish
National Pollutant Discharge Elimination System permit regulations and the
Virginia Department of Conservation and Recreation to establish the
Virginia Stormwater Management Program (VSMP) permit regulations,
both of which require the adoption of an ordinance to prohibit illicit
discharges into storm sewer system;
N,T,BIAIIHOby the Isle Of
OW HEREFORE E T ND T S EREBY RDAINED
Wight County Board of Supervisors that Chapter 14A of the Isle of Wight
County Code be enacted as follows:
C14A
HAPTER
SM
TORMWATER ANAGEMENT
Article I. General Provisions.
Sec. 14A-1. Statutory Authority.
Sec. 14A-2. Findings of Fact.
Sec. 14A-3. Purpose.
Sec. 14A-4. Program Administration.
Sec. 14A-5. Applicability.
Sec. 14A-6. Compatibility with Other Permit and Ordinance
Requirements.
Sec. 14A-7. Severability.
Sec. 14A-8. Adoption of the Virginia Stormwater Management
Handbook.
16
Article II. Definitions.
Sec. 14A-9. Definitions.
Article III. Stormwater Management Program Permit Procedures and
Requirements.
Sec. 14A-10. Permit Required.
Sec. 14A-11. Permit Application Requirements.
Sec. 14A-12. Stormwater Management Plan Required.
Sec. 14A-13. Stormwater Facility Maintenance Agreements.
Sec. 14A-14. Performance Bonds.
Sec. 14A-15. Permit Application Review Fees.
Sec. 14A-16. Permit Application Procedure.
Article IV. Exceptions to Stormwater Management Requirements.
Sec. 14A-17. Exceptions for Providing Stormwater Management.
Article V. General Criteria for Stormwater Management.
Sec. 14A-18. Generally.
Sec. 14A-19. Structural Stormwater Management Practices.
Sec. 14A-20. Water Quality.
Sec. 14A-21. Stream Channel Erosion.
Sec. 14A-22. Flooding.
Sec. 14A-23. Regional Stormwater Management Plans.
Article VI. Construction Inspection Provisions.
Sec. 14A-24. Generally.
Sec. 14A-25. Notice of Construction Commencement.
Sec. 14A-26. Post-Construction Final Inspection and As-Built Plans.
Article VII. Maintenance and Repair of Stormwater Facilities.
Sec. 14A-27. Generally.
Sec. 14A-28. Records of Maintenance and Repair Activities.
Article VIII. Illicit Discharges.
Sec. 14A-29. Illicit Discharges ? Prohibited.
Sec. 14A-30. Permitted Discharges.
17
Article IX. Enforcement and Violations.
Sec. 14A-31. Violations.
Sec. 14A-32. Notice of Violation.
Sec. 14A-33. Stop Work Orders.
Sec. 14A-34. Civil and Criminal Penalties.
Sec. 14A-35. Restoration of Lands.
Sec. 14A-36. Holds on Occupation Permits.
Sec. 14A-37. Monitoring and Reporting.
Article I. General Provisions.
Sec. 14A-1. Statutory Authority.
The Stormwater Management Act, Section 10.1-603.1 et seq. of the
Code of Virginia (1950, as amended), enables localities to prepare and
adopt, by ordinance, a stormwater management program consistent with
state regulations promulgated pursuant to the Act. In addition, amendments
to the Federal Pollution Control Act and the Virginia Stormwater
Management Program (VSMP) permit regulations require the adoption of an
ordinance to prohibit illicit discharges into the storm sewer system.
Sec. 14A-2. Findings of Fact.
The waters and waterways within the County are, at times, subjected
to flooding; that such flooding is a danger to the lives and property of the
public; that such flooding is also a danger to the natural resources of the
County; that development tends to accentuate such flooding by increasing
stormwater runoff, due to alteration of the hydrologic response of the
watershed in changing from the undeveloped to the developed condition;
that such increased flooding produced by the development of real property
contributes increased quantities of water-borne pollutants, and tends to
increase channel erosion; that such increased flooding, increased erosion,
and increased pollution constitutes deterioration of the water resources of
the County; and that such increased flooding, increased erosion and
increased pollution can be controlled to some extent by the regulation of
stormwater runoff from such development. Therefore, it is determined that it
is in the public interest to establish requirements to regulate the discharge of
stormwater runoff from such developments as provided in this chapter.
Sec. 14A-3. Purpose.
It is the purpose of this Chapter to establish minimum stormwater
management requirements and controls to protect properties, safeguard the
general health, safety, and welfare of the public residing in watersheds
within this jurisdiction, and protect aquatic resources.
18
In addition, amendments to the Federal Water Pollution Control Act,
commonly known as the Clean Water Act, in 1987 required the
Environmental Protection Agency to establish National Pollutant Discharge
Elimination System permit regulations and the Virginia Department of
Conservation and Recreation to establish the Virginia Stormwater
Management Program (VSMP) permit regulations for municipal separate
storm sewer systems. These regulations require the County to adopt an
ordinance to prohibit illicit discharges into the storm sewer system. It is
also the purpose of this Chapter to meet the requirements of prohibiting
illicit discharges.
This Chapter seeks to meet these purposes through the following objectives:
(a) Require that land development and land conversion activities
maintain the after-development runoff characteristics, as nearly as
practicable, as the pre-development runoff characteristics in order to reduce
flooding, siltation, stream bank erosion, and property damage;
(b) Establish minimum design criteria for the protection of
properties and aquatic resources downstream from land development and
land conversion activities from damages due to increases in volume,
velocity, frequency, duration, and peak flow rate of storm water runoff;
(c) Establish minimum design criteria for measures to minimize
nonpoint source pollution from stormwater runoff which would otherwise
degrade water quality;
(d) Establish provisions for the long-term responsibility for and
maintenance of stormwater management control devices and other
techniques specified to manage the quality and quantity of runoff; and
(e) Establish certain administrative procedures for the submission,
review, approval, and disapproval of stormwater plans, and the inspection of
approved projects; and
(f) Establish controls to reduce pollutants to the storm sewer system
from illicit discharges to the maximum extent practicable, as required by the
County?s small municipal separate stormwater system VPDES discharge
permit.
Sec. 14A-4. Program Administration.
The Isle of Wight County Board of Supervisors designates the County
Administrator or his designee as the program administrator.
Sec. 14A-5. Applicability.
19
(a) Except as provided for in Section 14A-5(b), or such exceptions
as may be granted pursuant to Article IV of this Chapter, all land
development projects disturbing one (1) or more acres of land or 2,500
square feet within the Chesapeake Bay watershed, as well as all
modifications to existing stormwater systems and all illicit discharges, shall
comply with the requirements of this Chapter.
(b) The following activities are exempt from this Chapter:
(1) Permitted surface or deep mining operations and projects,
or oil and gas operations and projects conduced under the provisions of Title
45.1 of the Code of Virginia;
(2) Tilling, planting or harvesting of agricultural, horticultural,
or forest crops;
(3) Single-family residences separately built and not part of a
subdivision, including additions or modifications to existing single-family
detached residential structures;
(4) Land development projects that disturb less than one acre
of land area and are not subject to the Chesapeake Bay Protection Act
(CBPA), or less than 2,500 square feet in CBPA areas. ;
(5) Structures considered accessory or ancillary to single
family detached residences, duplexes and townhouses, including, but not
limited to, garages, decks, patios and barns;
(6) State projects as defined in this Chapter; and
(7) Linear development projects, provided that (i) less than
one acre of land will be disturbed per outfall or watershed, (ii) there will be
insignificant increases in peak flow rates, and (iii) there are no existing or
anticipated flooding or erosion problems downstream of the discharge point.
(c) If a site development plan is submitted that qualifies as a
redevelopment project, as defined in Article II of this Chapter, decisions on
permitting and on-site stormwater requirements shall be governed by the
stormwater sizing criteria found in the most recent version of the Virginia
Stormwater Management Handbook. The criteria are dependent on the
amount of impervious area created by the redevelopment and its impact on
water quality. Final authorization of all redevelopment projects will be
determined after review by the Isle of Wight County Engineering Division.
20
Sec. 14A-6. Compatibility with Other Permit and Ordinance
Requirements.
Approvals issued pursuant to this Chapter do not relieve the applicant
of the responsibility to secure required permits or approvals for activities
regulated by any other applicable code, rule, act or ordinance. If more
stringent requirements concerning regulation of stormwater are contained in
the other code, rule, act or ordinance, the more stringent regulation shall
apply.
Sec. 14A-7. Severability.
If the provisions of any article, section, subsection, paragraph,
subdivision or clause of this Chapter shall be judged invalid by a court of
competent jurisdiction, such order or judgment shall not affect or invalidate
the remainder of any article, section, subsection, paragraph, subdivision or
clause of this Chapter.
Sec. 14A-8. Adoption of the Virginia Stormwater Management
Handbook.
Isle of Wight County will utilize the policy, criteria and information,
including specifications and standards of the Virginia Stormwater
Management Handbook (VSMH), for the proper implementation of the
requirements of this Chapter. This Handbook includes a list of acceptable
stormwater treatment practices, including the specific design criteria for
each stormwater practice. The Handbook may be updated and expanded
from time to time, based on improvements in engineering, science,
monitoring and local maintenance experience. Stormwater treatment
practices that are designed and constructed in accordance with these design
and sizing criteria will be presumed to meet the minimum water quality
performance standards.
Article II. Definitions.
Sec. 14A-9. Definitions.
Unless specifically defined below, words or phrases used in this
Chapter shall be interpreted so as to give them the meaning they have in
common usage and to give this Chapter its most reasonable application.
Accelerated Erosion means erosion caused by development activities
that exceeds the natural processes by which the surface of the land is worn
away by the action of water, wind, or chemical action.
Act means Section 10.1-603.1 et seq. of the Code of Virginia (1950, as
amended).
Adequate Channel means a channel that will convey the designated
frequency storm event without overtopping the channel bank nor causing
erosive damage to the channel bed or banks.
21
Applicant means any person submitting a stormwater management
plan for approval.
Aquatic Benchmeans a 10- to 15- foot wide bench around the
perimeter of a permanent pool that ranges in depth from zero to 12 inches.
Vegetated with emergent plants, the bench augments pollutant removal,
provides habitats, conceals trash and water level fluctuations, and enhances
safety.
Average Land Cover Conditionmeans a measure of the average
amount of impervious surfaces within a watershed, assumed to be 16 %, or
as may be otherwise determined pursuant to 4VAC 3-20-101.
Best Management Practice (BMP)means a structural or nonstructural
practice which is designed to minimize the impacts of development on
surface and groundwater systems.
Bioretention Basin means a water quality BMP engineered to filter the
water quality volume through an engineered planting bed, consisting of a
vegetated surface layer (vegetation, mulch, ground cover), planting soil, and
sand bed, and into the in-situ material.
Bioretention Filtermeans a bioretention basin with the addition of a
sand filter collection pipe system beneath the planting bed.
Board means the Virginia Board of Conservation and Recreation
Building means any structure, either temporary or permanent, having
walls and a roof, designed for the shelter of any person, animal, or property,
and occupying more than 100 square feet of area.
Channel means a natural or artificial watercourse with a definite bed
and banks that conducts continuously or periodically flowing water.
Constructed Wetlandsmeans areas intentionally designed and created
to emulate the water quality improvement function of wetlands for the
primary purpose of removing pollutants from stormwater.
Dedication means the deliberate appropriation of property by its
owner for general public use.
Departmentmeans the Virginia Department of Conservation and
Recreation.
Detention means the temporary storage of storm runoff in a
stormwater management practice with the goals of controlling peak
discharge rates and providing gravity settling of pollutants.
Detention Facilitymeans a detention basin or alternative structure
designed for the purpose of temporary storage of stream flow or surface
runoff and gradual release of stored water at controlled rates.
Developer means a person who undertakes land disturbance activities.
.
Development means land development or land development project
Discharge means to dispose, deposit, spill, pour, inject, dump, leak or
place by any means, or that which is disposed, deposited, spilled, poured,
injected, dumped, leaked or placed by any means.
Drainage Easement means a legal right granted by a landowner to a
grantee allowing the use of private land for stormwater management
22
purposes.
Erosion and Sediment Control Plan means a plan that is designed to
minimize the accelerated erosion and sediment runoff at a site during
construction activities.
Fee in Lieu means a payment of money in place of meeting all or part
of the storm water performance standards required by this Chapter.
Flooding means a volume of water that is too great to be confined
within the banks or walls of the stream, water body or conveyance system
and that overflows onto adjacent lands, causing or threatening damage.
Grassed Swalemeans an earthen conveyance system which is broad
and shallow with erosion resistant grasses and check dams, engineered to
remove pollutants from stormwater runoff by filtration through grass and
infiltration into the soil.
Ground water refers to all subsurface water, including, but not limited
to, that part within the zone of saturation.
Hotspot means an area where land use or activities generate highly
contaminated runoff, with concentrations of pollutants in excess of those
typically found in stormwater.
Hydrologic Soil Group (HSG) means a Natural Resource Conservation
Service classification system in which soils are categorized into four runoff
potential groups. The groups range from A soils, with high permeability and
little runoff production, to D soils, which have low permeability rates and
produce much more runoff.
Illicit Discharge means any discharge to the storm sewer system that
is not composed entirely of stormwater, except discharges pursuant to a
VPDES permit or discharges from firefighting activities. This definition
shall not include discharges listed in Section 14A-30, unless such discharges
are identified by the program administrator to cause sewage, industrial
wastes or other wastes to be discharged into the storm sewer system.
Impervious Cover means a surface composed of any material that
significantly impedes or prevents natural infiltration of water into soil.
Impervious surfaces include, but are not limited to, roofs, buildings, streets,
parking areas, and any concrete, asphalt, or compacted gravel surface.
Industrial Stormwater Permit means a National Pollutant Discharge
Elimination System permit issued to a commercial industry or group of
industries which regulates the pollutant levels associated with industrial
stormwater discharges or specifies on-site pollution control strategies.
Industrial Wastes are any liquid or other wastes resulting from any
process of industry, manufacture, trade or business, or from the development
of any natural resources.
Infiltration means the process of percolating stormwater into the
subsoil.
Infiltration Facility means any structure or device designed to
infiltrate retained water to the subsurface. These facilities may be above
grade or below grade.
Jurisdictional Wetland means an area that is inundated or saturated by
23
surface water or groundwater at a frequency and duration sufficient to
support a prevalence of vegetation typically adapted for life in saturated soil
conditions, commonly known as hydrophytic vegetation.
Land Development or Land Development Project means a manmade
change to the land surface that potentially changes its runoff characteristics.
Land Disturbance Activity means any activity which changes the
volume or peak flow discharge rate of rainfall runoff from the land surface.
This may include the grading, digging, cutting, scraping, or excavating of
soil, placement of fill materials, paving, construction, substantial removal of
vegetation, or any activity which bares soil or rock or involves the diversion
or piping of any natural or man-made watercourse.
Landowner means the legal or beneficial owner of land, including
those holding the right to purchase or lease the land, or any other person
holding proprietary rights in the land.
Landscaping Chemicals are chemicals for maintaining lawns and
landscapes including fertilizers, lime and pesticides which include
herbicides, insecticides and fungicides.
Linear Development Projectmeans a land development project that is
linear in nature such as, but not limited to, (i) the construction of electric
and telephone utility lines, and natural gas pipelines; (ii) construction of
tracks, rights-of-way, bridges, communication facilities and other related
structures of a railroad company; and (iii) highway construction projects.
Local Stormwater Management Program or Local Program means a
statement of the various methods adopted pursuant to the Act and
implemented by a locality to manage the runoff from land development
projects and shall include an ordinance with provisions to require the control
of after-development stormwater runoff rate of flow, water quality, the
proper maintenance of stormwater management facilities, and minimum
administrative procedures consistent with this Chapter.
Maintenance Agreement means a legally recorded document that acts
as a property deed restriction, and which provides for long-term
maintenance of storm water management practices.
Nonpoint Source (NPS) Pollution means pollution from any source
other than from any discernible, confined, and discrete conveyances, and
shall include, but not be limited to, pollutants from agricultural, silvicultural,
mining, construction, subsurface disposal and urban runoff sources.
Nonpoint Source Pollutant Runoff Load or Pollutant Discharge means
the average amount of a particular pollutant measured in pounds per year,
delivered in a diffuse manner by stormwater runoff
Offset Fee means a monetary compensation paid to a local government
for failure to meet pollutant load reduction targets.
Off-Site Facility means a stormwater management measure located
outside the subject property boundary described in the permit application for
land development activity.
On-Site Facility means a stormwater management measure located
within the subject property boundary described in the permit application for
24
land development activity.
Other Wastes are materials that can adversely affect waters of the
United States should they be discharged into same, including, but not
limited to, decayed wood, sawdust, chips, shavings, bark, leaves, lawn
clippings, lawn chemicals (except those applied in accordance with
manufacturer?s recommendations), animal or vegetable matter, pet waste,
construction debris, garbage, refuse, ashes, offal, tar, paint, solvents,
petroleum products, gasoline, oil waste antifreeze, or other automotive,
motor or equipment fluids.
Owner means the owner or owners of the freehold of the premises or
lesser estate therein, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee or other person, firm or corporation in
control of a property.
Percent Impervious means the impervious area within the site divided
by the area of the site multiplied by 100.
Person means any individual, partnership, firm, association, joint
venture, public or private corporation, trust, estate, commission, board,
public or private institution, utility, cooperative, county, city, town or other
political subdivision of the Commonwealth, any interstate body or any other
legal entity.
Planning Area means a designated portion of the parcel on which the
land development project is located. Planning areas shall be established by
delineation on a master plan. Once established, planning areas shall be
applied consistently for all future projects.
Post-development refers to conditions that reasonably may be
expected or anticipated to exist after completion of the land development
activity on a specific site or tract of land.
Pre-development refers to the conditions that exist at the time that
plans for the land development of a tract of land are approved by the plan
approving authority. Where phased development or plan approval occurs
(preliminary grading, roads and utilities, etc.), the existing conditions at the
time prior to the first item being approved or permitted shall establish pre-
development conditions.
Program Administrator refers to the County Administrator or his
designee.
Recharge means the replenishment of underground water reserves.
Redevelopment means the process of developing land that is or has
been previously developed.
Regional (watershed-wide) Stormwater Management Facility or
Regional Facility means a facility or series of facilities designed to control
stormwater runoff from a specific watershed, although only portions of the
watershed may experience development.
Regional (watershed-wide) Stormwater Management Plan or
Regional Plan means a document containing material describing how runoff
from open space, existing development and future planned development
areas within a watershed will be controlled by coordinated design and
25
implementation of regional stormwater management facilities.
Runoff or stormwater runoff means that portion of precipitation that is
discharged across the land surface or through conveyances to one or more
waterways.
Sand Filter means a contained bed of sand which acts to filter the first
flush of runoff. The runoff is then collected beneath the sand bed and
conveyed to an adequate discharge point or infiltrated into the in-situ soils.
Sanitary Sewer means a system of underground conduits that collect
and deliver sanitary wastewater to a wastewater treatment or pumping
facility.
Sewage is the water-carried human wastes from residences, buildings
industrial establishments or other places, together with such industrial
wastes, stormwater or other wastes as may be present.
Shallow Marsh means a zone within a stormwater extended detention
facility that exists from the surface of the normal pool to a depth of six to 18
inches, and has a large surface area and, therefore requires a reliable source
of baseflow, groundwater supply, or a sizeable drainage area to maintain the
desired water surface elevations to support emergent vegetation
Site means the parcel of land being developed, or a designated
planning area in which he land development project is located
State Waters means all waters on the surface and under the ground
wholly or partially within or bordering the Commonwealth or within its
jurisdiction.
Stop Work Order means an order issued which requires that all
construction activity on a site be stopped.
Storm Sewer System is the system of roads, streets, catch basins,
curbs, gutters, ditches, pipes, lakes, ponds, channels, infiltration facilities,
storm drains, and other facilities located within Isle of Wight County which
are designed or used for collecting, storing, or conveying stormwater, or
through which stormwater is collected, stored, or conveyed.
Stormwater means runoff from rain, snow or other forms of
precipitation, and surface runoff and drainage.
Stormwater Detention Basin or Detention Basin means a stormwater
management facility which temporarily impounds runoff and discharges it
through a hydraulic outlet structure to a downstream conveyance system.
While a certain amount of outflow may also occur via infiltration through
the surrounding soil, such amounts are negligible when compared to the
outlet structure discharge rates and are, therefore, not considered in the
facility?s design. Since a detention facility impounds runoff only
temporarily, it is normally dry during nonrainfall periods.
Stormwater Extended Detention Basin or Extended Detention Basin
means a stormwater management facility which temporarily impounds
runoff and discharges it through a hydraulic structure over a period of time
to a downstream conveyance system for the purpose of water quality
enhancement or stream channel erosion control. While a certain amount of
outflow may also occur via infiltration through the surrounding soil, such
26
amounts are negligible when compared to the outlet structure discharge rates
and, therefore, are not considered in the facility?s design. Since an extended
detention basin impounds runoff only, temporarily, it is normally dry during
nonrainfall periods.
Stormwater Extended Detention Basin-Enhanced or Extended
Detention Basin-Enhanced means an extended detention basin modified to
increase pollutant removal by providing a shallow marsh in the lower stage
of the basin.
Stormwater Management Facility means a device that controls
stormwater runoff and changes the characteristics of that runoff including,
but not limited to, the quantity and quality, the period of release or the
velocity of flow.
Stormwater Management means the use of structural or non-structural
practices that are designed to reduce storm water runoff pollutant loads,
discharge volumes, and/or peak flow discharge rates.
Stormwater Management Plan or Planmeans a document containing
material for describing how existing runoff characteristics will be affected
by a land development project and methods for complying with the
requirements of the local program or this Chapter.
Stormwater Retention Basin I or Retention Basin I means a retention
basin with the volume of the permanent pool equal to three times the water
quality volume.
Stormwater Retention Basin II or Retention Basin II means a retention
basin with the volume of the permanent pool equal to four times the water
quality volume.
Stormwater Retention Basin III or Retention Basin III means a
retention basin with the volume of the permanent pool equal to four times
the water quality volume with the addition of an aquatic bench.
Stormwater Retrofit means a stormwater management practice
designed for an existing development site that previously had either no
stormwater management practice in place or a practice inadequate to meet
the stormwater management requirements of the site.
Stormwater Runoff means flow on the surface of the ground, resulting
from precipitation.
Stormwater Treatment Practices (STPs) means measures, either
structural or nonstructural, that are determined to be the most effective,
practical means of preventing or reducing point source or nonpoint source
pollution inputs to stormwater runoff and water bodies.
Subdivision, unless otherwise defined in a local ordinance adopted
pursuant to Section 15.2-2240 of the Code of Virginia (1950, as amended),
means the division of a parcel of land into three or more lots or parcels of
less than five acres each for the purpose of transfer of ownership or building
development, or, if a new street is involved in such division, any division of
a parcel of land. The term includes resubdivision and, when appropriate to
the context, shall relate to the process of subdividing or to the land
subdivided.
27
Town means an incorporated town.
Vegetated Filter Stripmeans a densely vegetated section of land
engineered to accept runoff as overland sheet flow from upstream
development. It shall adopt any vegetated form, from grassy meadow to
small forest. The vegetative cover facilitates pollutant removal through
filtration, sediment deposition, infiltration and absorption, and is dedicated
for that purpose.
Water Quality Volume (WQV) means the volume equal to the first ½
inch of runoff multiplied by the impervious surface of the land development
project.
Watercourse means a permanent or intermittent stream or other body
of water, either natural or man-made, which gathers or carries surface water.
Watershedmeans a defined land area drained by a river, stream,
drainage ways or system of connecting rivers, streams, or drainage ways
such that all surface water within the area flows through a single outlet.
Article III. Stormwater Management Program Permit Procedures and
Requirements.
Sec. 14A-10. Permit Required.
(a) No land owner or land operator shall receive any of the building,
grading or other land development permits required for land disturbance
activities without first meeting the requirements of this Chapter prior to
commencing the proposed activity.
(b) Should a land-disturbing activity associated with an approved
plan in accordance with this Chapter not begin during the 180-day period
following approval or cease for more than 180 days, the Isle of Wight
County Engineering Division may evaluate the existing approved erosion
and sediment control plan and stormwater management plan to determine
whether the plan still satisfies local program requirements and to verify that
all design factors are still valid. If the Division finds the previously filed
plan to be inadequate, a modified plan shall be submitted and approved prior
to the resumption of land-disturbing activities.
Sec. 14A-11. Permit Application Requirements.
(a) Unless specifically excluded by this Chapter, any land owner or
operator desiring a permit for a land disturbance activity shall submit to the
Isle of Wight County Engineering Division a permit application on a form
provided by the Isle of Wight County Engineering Division for that purpose.
(b) Unless otherwise excepted by this Chapter, a permit application
must be accompanied by the following in order that the permit application
be considered:
28
1. Stormwater management plan in accordance with Section 14A-12;
2. Maintenance agreement in accordance with Section 14A-13;
3. Performance bond in accordance with Section 14A-14; and
4. Permit application and Plan review fee in accordance with Section
14A-15.
Sec. 14A-12. Stormwater Management Plan Required.
(a) No application for land development, land use conversion, or
land disturbance will be approved unless it includes a stormwater
management plan, as required by this Chapter, detailing how runoff and
associated water quality impacts resulting from the activity will be
controlled or managed.
(b) A stormwater management plan shall consist of a concept plan,
as more specifically described in Section 14A-12(d) below, to ensure
adequate planning for the management of stormwater runoff, and a final
plan, as more specifically described in Section 14A-12(e) below. Both plans
shall be in accordance with the criteria established in this Section.
(c) No building, grading, or sediment control permit shall be issued
until a satisfactory final stormwater management plan, or a waiver thereof,
shall have undergone a review and been approved by the Isle of Wight
County Engineering Division after determining that the plan or waiver is
consistent with the requirements of this Chapter.
(d)Stormwater management concept plan:
(1) A stormwater management concept plan or proof of prior
approval of a concept plan shall be required with all permit applications and
will include all information from the submittal checklist to evaluate the
environmental characteristics of the project site, the potential impacts of all
proposed development of the site, both present and future, on the water
resources, and the effectiveness and acceptability of the measures proposed
for managing stormwater generated at the project site.
(2) The concept plan should be prepared at the time of the
preliminary plan of subdivision or other early step in the development
process to identify the type of stormwater management measures necessary
for the proposed project. The intent of this conceptual planning process is to
ensure adequate planning for management of stormwater runoff from future
development. To accomplish this goal the following information shall be
included in the concept plan:
(A) A map (or maps) indicating the location of existing
and proposed buildings, roads, parking areas, utilities, structural stormwater
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management and sediment control facilities. The map(s) will also clearly
show proposed land use with tabulation of the percentage of surface area to
be adapted to various uses; drainage patterns; locations of utilities, roads and
easements; the limits of clearing and grading; a written description of the
site plan and justification of proposed changes in natural conditions may
also be required.
(B) Sufficient engineering analysis to show that the
proposed stormwater management measures are capable of controlling
runoff from the site in compliance with this ordinance and the specifications
of the VSMH.
(C) A written or graphic inventory of the natural
resources at the site and surrounding area as it exists prior to the
commencement of the project and a description of the watershed and its
relation to the project site. This description should include a discussion of
soil conditions, forest cover, topography, wetlands, and other native
vegetative areas on the site. Particular attention should be paid to
environmentally sensitive features that provide particular opportunities or
constraints for development.
(D) A written description of the required maintenance
burden for any proposed stormwater management facility.
(E) The Isle of Wight County Engineering Division may
also require a concept plan to consider the maximum development potential
of a site under existing zoning, regardless of whether the applicant presently
intends to develop the site to its maximum potential.
(F) The applicant may be required to include within the
stormwater concept plan measures for controlling existing stormwater runoff
discharges from development or redevelopment occurring on a previously
developed site in accordance with the standards of this Chapter to the
maximum extent practicable.
(e) Stormwater management final plan:
(1) After review of the stormwater management concept plan,
and modifications to that plan as deemed necessary by the Isle of Wight
County Engineering Division, a final stormwater management plan must be
submitted for approval.
(2) All stormwater management plans shall be appropriately
sealed and signed by a professional in adherence to all minimum standards
and requirements pertaining to the practice of that profession in accordance
with Chapter 4 (§ 54.1-400 et seq.) of Title 54.1 of the Code of Virginia and
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attendant regulations certifying that the plan meets all submittal
requirements outlined in this Chapter and is consistent with good
engineering practice.
(3) The final stormwater management plan, in addition to the
information from the concept plan, shall include all of the information
required in the Final Stormwater Management Plan checklist found in the
VSMH. This includes:
(A) Contact Information
The name, address, and telephone number of all persons
having a legal interest in the property and the tax reference
number and parcel number of the property or properties
affected.
(B) Topographic Base Map
A 1" = 200' topographic base map of the site which
extends a minimum of 200 feet beyond the limits of the
proposed development and indicates existing surface water
drainage including streams, ponds, culverts, ditches, and
wetlands; current land use including all existing structures;
locations of utilities, roads, and easements; and significant
natural and manmade features not otherwise shown.
(C)Calculations
Hydrologic and hydraulic design calculations for the pre-
development and post-development conditions for the
design storms specified in this ordinance. Such
calculations shall include (i) description of the design
storm frequency, intensity and duration, (ii) time of
concentration, (iii) soil curve numbers or runoff
coefficients, (iv) peak runoff rates and total runoff volumes
for each watershed area, (v) infiltration rates, where
applicable, (vi) culvert capacities, (vii) flow velocities,
(viii) data on the increase in rate and volume of runoff for
the specified design storms, and (ix) documentation of
sources for all computation methods and field test results.
(D)Soils Information
Geotechnical properties for the hydrologic and structural
properties of soils, especially for dam embankments, shall
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be described in a soils report. The submitted report shall
include boring depth, sampling frequency & types and
associated laboratory testing with results and conclusions
and follow the criteria in the VSMH. Soil properties for
infiltration facilities shall also conform to the guidance and
specification outlined in the VSMH.
(E)Maintenance Plan
The design and planning of all stormwater management
facilities shall include detailed maintenance procedures to
ensure their continued function. These plans will identify
the parts or components of a stormwater management
facility that need to be maintained and the equipment and
skills or training necessary. Provisions for the periodic
review and evaluation of the effectiveness of the
maintenance program and the need for revisions or
additional maintenance procedures shall be included in the
plan.
(F)Landscaping plan
The applicant must present a detailed landscaping plan
describing the woody and herbaceous vegetative
stabilization and management techniques to be used within
and adjacent to the stormwater practice. The landscaping
plan must also describe who will be responsible for the
maintenance of vegetation at the site and what practices
will be employed to ensure that adequate vegetative cover
is preserved. This plan must be prepared by a qualified
individual familiar with the selection of emergent and
upland vegetation appropriate for the selected BMP.
(G)Maintenance Easements
The applicant must ensure access to all stormwater
treatment practices at the site for the purpose of inspection
and repair by securing all the maintenance easements
needed on a permanent basis. These easements will be
recorded with the plan and will remain in effect even with
transfer of title to the property.
(H)Maintenance Agreement
The applicant must execute an easement and an inspection
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and maintenance agreement binding on all subsequent
owners of land served by an on-site stormwater
management measure in accordance with the
specifications of this Chapter.
(I) Erosion and Sediment Control Plans for
Construction of Stormwater Management Measures
The applicant must prepare an erosion and sediment
control plan in accordance with the Isle of Wight County
Erosion and Sediment Control Ordinance for all
construction activities related to implementing any on-site
stormwater management practices.
(I)Other Environmental Permits
The applicant shall assure that all other applicable
environmental permits have been acquired for the site
prior to approval of the final stormwater design plan.
Sec. 14A-13. Stormwater Facility Maintenance Agreements.
(a) Prior to the issuance of any permit that has a stormwater
management facility as one of the requirements of the permit, the applicant
or owner of the site must execute a maintenance easement agreement and a
formal maintenance covenant that shall be binding on all subsequent owners
of land served by the stormwater management facility.
(b)Maintenance Easement Agreements:
(1) The Maintenance Easement Agreement shall provide for
access to the stormwater management facility at reasonable times for
periodic inspection by the Isle of Wight County
Engineering Division, or their contractor or agent, and for regular or special
assessments of property owners to ensure that the facility is maintained in
proper working condition to meet design standards and any other provisions
established by this Chapter. The easement agreement shall be recorded by
the applicant in the land records of the Circuit Court Clerk?s office of Isle of
Wight County and the applicant shall be responsible for providing the Isle of
Wight County Office of Planning and Zoning and Engineering Division with
a copy of such recorded easement agreement.
(2) When any new drainage control facility is installed on
private property, or when any new connection is made between private
property and a public drainage control system, the property owner shall
grant, after given notice and the opportunity to accompany the inspection, to
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the Isle of Wight County Engineering Division the right to enter the property
at reasonable times and in a reasonable manner for the purpose of
inspection. This includes the right to enter a property when it has a
reasonable basis to believe that a violation of this Chapter is occurring or
has occurred, and to enter when necessary for abatement of a public
nuisance or correction of a violation of this Chapter.
(c)Maintenance Covenants:
(1) Maintenance of all stormwater management facilities shall
be ensured through the creation of a formal maintenance covenant that must
be approved by the Isle of Wight County Engineering Division and recorded
into the land records of Isle of Wight County prior to final plan approval.
The covenant shall identify by name or official title the person(s) responsible
for carrying out the maintenance. Responsibility for the operation and
maintenance of stormwater management facilities, unless assumed by a
governmental agency, shall remain with the property owner and shall pass to
any successor or owner. If portions of the land are to be sold, legally
binding arrangements shall be made to pass the basic responsibility to
successors in title. These arrangements shall designate for each property
owner, governmental agency, or other legally established entity to be
permanently responsible for maintenance. As part of the covenant, a
schedule shall be developed for when and how often maintenance will occur
to ensure proper function of the stormwater management facility. The
covenant shall also include plans for annual inspections to ensure proper
performance of the facility between scheduled maintenance and should also
include ?failure to maintain? provisions.
(2) In the event that maintenance or repair is neglected, or the
stormwater management facility becomes a danger to public health or safety,
the Isle of Wight County Engineering Division reserves the authority to
perform the work and to recover the costs from the owner.
(3) The Isle of Wight County Engineering Division, in lieu of
a maintenance covenant, may accept dedication of any existing or future
stormwater management facility for maintenance, provided such facility
meets all the requirements of this Section and includes adequate and
perpetual access and sufficient area, by easement or otherwise, for
inspection and regular maintenance.
Sec. 14A-14. Performance Bonds.
(a) The Isle of Wight County Engineering Division shall require the
submittal of a performance security or bond with surety, cash escrow, letter
of credit or such other acceptable legal arrangement prior to issuance of a
permit in order to insure that the stormwater practices are installed by the
permit holder as required by the approved stormwater management plan.
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Irrespective of the form of such performance security, such performance
security shall contain the following:
(1) The amount of the installation performance security shall
be the total estimated construction cost of the stormwater management
practices approved under the permit, plus 25%;
(2) The performance security shall contain forfeiture
provisions for failure, after proper notice, to complete work within the time
specified, or to initiate or maintain appropriate actions which may be
required of the applicant in accordance with the approved stormwater
management plan.
(3) If the Isle of Wight County Engineering Division takes
such action upon such failure by the applicant, the Isle of Wight County
Engineering Division may collect from the applicant for the difference
should the amount of the reasonable cost of such action exceed the amount
of the security held.
(4) Within sixty (60) days of the completion of the
requirements of the approved stormwater management plan in the form of
certified, as-built report and survey, such bond, cash escrow, letter of credit
or other legal arrangement, except for the landscaping survivability, shall be
refunded to the applicant or terminated.
(5) The landscaping portion of the stormwater management
plan shall be inspected one (1) year after installation with replacement in
accordance with the final plans and specifications prior to final release.
(6) These requirements are in addition to all other provisions
of Isle of Wight County ordinances relating to the issuance of such plans and
are not intended to otherwise affect the requirements for such plans.
Sec. 14A-15. Permit Application Review Fees.
Applicants shall submit a permit fee to the Isle of Wight County
Engineering Division in according with the terms and conditions set forth in
Chapter 6 of the Isle of Wight County Code and the Engineering Services
Agreement, which shall be entered into by the applicant.
Sec. 14A-16. Permit Application Procedure.
(a) Applications for land disturbance activity permits must be filed
with the Isle of Wight County Engineering Division on any
regular business day.
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(b) A copy of this permit application shall be forwarded to the Isle
of Wight County Engineering Division for review.
(c) Permit applications shall include the following: two (2) copies of
the stormwater management concept plan, two (2) copies of the maintenance
agreement, and any required review fees.
(d) Within sixty (60) calendar days of the receipt of a complete
permit application, including all documents as required by this ordinance,
the Isle of Wight County Engineering Division shall inform the applicant
whether the application, plan and maintenance agreement are approved or
disapproved.
(e) If the permit application, stormwater management plan or
maintenance agreement are disapproved, the Isle of Wight County
Engineering Division shall communicate the decision to the applicant in
writing. The applicant may then revise the stormwater management plan or
agreement. If additional information is submitted, the Isle of Wight County
Engineering Division shall have thirty (30) calendar days from the date the
additional information is received to inform the applicant that the plan and
maintenance agreement are either approved or disapproved.
(f) If the permit application, final stormwater management plan and
maintenance agreement are approved by the Isle of Wight County
Engineering Division, the following conditions apply:
(1) The applicant shall comply with all applicable
requirements of the approved plan and this ordinance and shall certify that
all land clearing, construction, land development and drainage will be done
according to the approved plan;
(2) The land development project shall be conducted only
within the area specified in the approved plan;
(3) The Isle of Wight County Engineering Division shall be
allowed, after giving notice to the owner, occupier or operator of the land
development project, to conduct periodic inspections of the project;
(4) The person responsible for implementing the approved
plan shall conduct monitoring and submit reports as the Isle of Wight
County Engineering Division may require to ensure compliance with the
approved plan and to determine whether the plan provides effective
stormwater management;
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(5) No changes may be made to an approved plan without
review and written approval by the Isle of Wight County Engineering
Division; and,
(6) A certified inspection of all aspects of the BMP, including
surface As-Built surveys, and geotechnical inspections during subsurface or
backfilling and compaction activities shall be required.
Article IV. Exceptions to Stormwater Management Requirements.
Sec. 14A-17. Exceptions for Providing Stormwater Management.
(a) Every applicant shall provide for stormwater management,
unless they file a written request to waive this requirement. Requests to
waive the stormwater management plan requirements shall be submitted in
writing to the Isle of Wight County Engineering Division for approval. An
exception from the stormwater management regulations may be granted,
provided that: (i) exceptions to the criteria are the minimum necessary to
afford relief and (ii) reasonable and appropriate conditions shall be imposed
as necessary upon any exception granted so that the intent of the law and
this ordinance are preserved.
(b) The minimum requirements for stormwater management may be
waived in whole or in part upon written request of the applicant, provided
that at least one of the following conditions applies:
(1) It can be demonstrated that the proposed development is
not likely to impair attainment of the objectives of this ordinance;
(2) Alternative minimum requirements for on-site
management of stormwater discharges have been established in a
stormwater management plan that has been approved by the Isle of Wight
County Engineering Division and that is required to be implemented by
local ordinance;
(3) Provisions are made to manage stormwater by an off-site
facility. The off-site facility is required to be in place, to be designed and
adequately sized to provide a level of stormwater control that is equal to or
greater than that which would be afforded by on-site practices and has a
legally obligated entity responsible for long-term operation and maintenance
of the stormwater practice;
(4) The Isle of Wight County Engineering Division finds that
meeting the minimum on-site management requirements is not feasible due
to the natural or existing physical characteristics of a site; or,
37
(5) Economic hardship is not sufficient reason to grant an
exception from the requirements of this chapter.
(c) In instances where one of the conditions of subsection (b) above
applies, the Isle of Wight County Engineering Division may grant a waiver
from strict compliance with stormwater management provisions that are not
achievable, provided that acceptable mitigation measures are provided.
However, to be eligible for a variance, the applicant must demonstrate to the
satisfaction of the Isle of Wight County Engineering Division at the
immediately downstream waterways will not be subject to:
(1) Deterioration of existing culverts, bridges, dams, and other
structures;
(2) Deterioration of biological functions or habitat;
(3) Accelerated streambank or streambed erosion or siltation;
(4) Increased threat of flood damage to public health, life and
property.
Article V. General Criteria for Stormwater Management.
Sec. 14A-18. Generally.
(a) The following technical criteria shall be applied onall applicable
land development and land conversion activities:
(1) Determination of flooding and channel erosion impacts to
receiving streams due to land development projects shall be measured at
each point of discharge from the development project and such
determination shall include any runoff from the balance of the watershed
which also contributes to that point of discharge.
(2) The specified design storms shall be defined as either a
24-hour storm using the rainfall distribution recommended by the U.S. Soil
Conservation Service when using U.S. Soil Conservation Service methods
or as the storm of critical duration that produces the greatest required
storage volume at the site when using a design method such as the Modified
Rational Method. Pre-development and post-development runoff rates shall
be verified by calculations that are consistent with good engineering
practices.
(3) For purposes of computing runoff, all pervious lands in the
site shall be assumed prior to development to be in good condition (if the
lands are pastures, lawns, or parks), with good cover (if the lands are
woods), or with conservation treatment (if the lands are cultivated);
38
regardless of conditions existing at the time of computation.
(4) Construction of stormwater management facilities or
modifications to channels shall comply with all applicable laws and
regulations. Evidence of approval of all necessary permits, such as US
Army Corps of Engineers and VA DEQ Wetland Permits, VA DCR VSMP
Construction General Permit, etc., shall be presented.
(5) Impounding structures that are not covered by the
Impounding Structure Regulations (4 VAC 50-20-10 et seq.) shall be
engineered for structural integrity during the 100-year storm event.
(6) Pre-development and post-development runoff rates shall
be verified by calculations that are consistent with good engineering
practices.
(7) Outflows from a stormwater management facility shall be
discharged to an adequate channel, and velocity dissipaters shall be placed
at the outfall of all stormwater management facilities and along the length of
any outfall channel as necessary to provide a nonerosive velocity of flow
from the basin to a channel.
(8) Proposed residential, commercial, or industrial
subdivisions shall apply these stormwater management criteria to the land
development as a whole. Individual lots in new subdivisions shall not be
considered separate land development projects, but rather the entire
subdivision shall be considered a single land development project.
Hydrologic parameters shall reflect the ultimate land development and shall
be used in all engineering calculations.
(9) All stormwater management facilities shall have a
maintenance plan which identifies the owner and the responsible party for
carrying out the maintenance plan.
(10) Construction of stormwater management impoundment
structures within a Federal Emergency Management Agency (FEMA)
designated 100-year floodplain shall be avoided to the extent possible.
When this is unavoidable, all stormwater management facility construction
shall be in compliance with all applicable regulations under the National
Flood Insurance Program, 44 CFR Part 59.
(11) Natural channel characteristics shall be preserved to the
maximum extent practicable.
(12) Land development projects shall comply with the Virginia
39
Erosion and Sediment Control Law and attendant regulations, as well as this
Ordinance.
(13) Non-Structural Stormwater Practices designed to reduce
the volume of stormwater runoff are encouraged to reduce the amount of
stormwater runoff that must be managed. This will help to minimize the
reliance on structural practices which require ongoing maintenance in order
to be effective.
Sec. 14A-19. Structural Stormwater Management Practices.
(a) Minimum Control Requirements
(1) All stormwater management practices shall be designed so
that the specific storm frequency storage volumes (e.g., water quality,
channel protection, 10 year, 100 year) as identified in the current Virginia
Stormwater Management Handbook are met, unless the Isle of Wight
County Engineering Division grants the applicant a waiver or the applicant
is exempt from such requirements.
(2) If hydrologic or topographic conditions warrant greater
control than that provided by the minimum control requirements, the Isle of
Wight County Engineering Division reserves the right to impose any and all
additional requirements deemed necessary to protect downstream properties
and aquatic resources from damage due to increased volume, frequency, and
rate of stormwater runoff.
(b) Site Design Feasibility
(1) Stormwater management practices for a site shall be
chosen based on the physical conditions of the site. The factors that should
be considered are, but are not limited to:
(i) Topography
(ii) Maximum Drainage Area
(iii) Depth to Water Table
(iv) Soils
(v) Slopes
(vi) Terrain
(vii) Hydraulic Head
(viii) Location in relation to environmentally sensitive
features or ultra-urban areas
Applicants shall consult the Virginia Stormwater Management Handbook
40
for guidance on the factors that determine site design feasibility when
selecting a stormwater management practice.
(c) Conveyance Issues ? All stormwater management practices shall be designed to
convey stormwater to allow for the maximum removal of pollutants and reduction in flow
velocities. This shall include, but not be limited to, maximizing of flowpaths from inflow points to
outflow points; the protection of inlet and outfall structures; the elimination of erosive flow
velocities; and providing of underdrain systems, where applicable. The Virginia Stormwater
Management Manual provides detailed guidance on the requirements for conveyance for each of
the approved stormwater management practices.
(d) Pretreatment Requirements ? Every stormwater treatment
practice shall have an acceptable form of water quality pretreatment, in
accordance with the pretreatment requirements found in the current Virginia
Stormwater Management Handbook. Stormwater infiltration practices, or
practices having an infiltration component, as specified in the Virginia
Stormwater Management Handbook, are prohibited, even with pretreatment,
in the following circumstances:
(1) Where stormwater is generated from highly contaminated
source areas known as ?hotspots?;
(2) Where stormwater is carried in a conveyance system that
also carries contaminated, non-stormwater discharges;
(3) Where stormwater is being managed in a designated
groundwater recharge area; and
(4) Under certain geologic conditions (e.g., karst) that prohibit
the proper pretreatment of stormwater
(e) Treatment/Geometry Conditions ? All stormwater management
practices shall be designed to capture and treat stormwater runoff according
to the specifications outlined in the Virginia Stormwater Management
Handbook. These specifications will designate the water quality treatment
and water quantity criteria that apply to an approved stormwater
management practice.
(f) Landscaping Plans Required ? All stormwater management
practices must have a landscaping plan detailing both the vegetation to be in
the practice and how and who will manage and maintain this vegetation.
This plan must be prepared by a qualified individual familiar with the
selection of emergent and upland vegetation appropriate for the selected
BMP.
(g) Maintenance Agreements ? A legally binding covenant
specifying the parties responsible for the proper maintenance of all
stormwater treatment practices shall be secured prior to issuance of any
permits for land disturbance activities. In addition, all stormwater treatment
practices shall have an enforceable operation and maintenance agreement to
41
ensure the system functions as designed. This agreement will include any
and all maintenance easements required for the Isle of Wight County
Engineering Division to access and inspect the stormwater treatment
practices.
Sec. 14A-20. Water Quality.
(a) Unless judged by the Isle of Wight County Engineering Division
for a project to be exempt, the following criteria shall be addressed for
stormwater management at all sites:
(1) All stormwater runoff generated from land development
and land use conversion activities shall not discharge untreated stormwater
runoff directly into a jurisdictional wetland or local water body without
adequate treatment. Where such discharges are proposed, the impact of the
proposal on wetland functions shall be assessed using a method acceptable
to the Isle of Wight County Engineering Division. In no case shall the
impact on functions be any less than allowed by the Army Corp of Engineers
(ACE) or the Division of Environmental Quality.
(2) Annual groundwater recharge rates shall be maintained, by
promoting infiltration through the use of structural and non-structural
methods. At a minimum, annual recharge from the post development site
shall mimic the annual recharge from pre-development site conditions.
(3) Land development projects shall comply with the water
quality Performance-based or Technology-based criteria in accordance with
the following:
(i) Performance-based criteria. For land development,
the calculated post-development nonpoint source pollutant runoff load shall
be compared to the calculated pre-development load based upon the average
land cover condition or the existing site condition. A BMP shall be located,
designed, and maintained to achieve the target pollutant removal efficiencies
specified in Table 1 to effectively reduce the pollutant load to the required
level based upon the following four (4) applicable land development
situations for which the performance criteria apply:
(A) Situation 1 consists of land development where
the existing percent impervious cover is less than or equal to the average
land cover condition and the proposed improvements will create a total
percent impervious cover which is less than the average land cover
condition. Requirement: No reduction in the after development
pollutant discharge is required.
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(B) Situation 2 consists of land development where
the existing percent impervious cover is less than or equal to the average
land cover condition and the proposed improvements will create a total
percent impervious cover which is greater than the average land cover
condition. Requirement: The pollutant discharge after development shall
not exceed the existing pollutant discharge based on the average land cover
condition.
(C) Situation 3 consists of land development where
the existing percent impervious cover is greater than the average land cover
condition. Requirement: The pollutant discharge after development
shall not exceed (i) the pollutant discharge based on existing conditions less
10% or (ii) the pollutant discharge based on the average land cover
condition, whichever is greater.
(D) Situation 4 consists of land development where
the existing percent impervious cover is served by an existing stormwater
management BMP that addresses water quality. Requirement: The
pollutant discharge after development shall not exceed the existing pollutant
discharge based on the existing percent impervious cover while served by
the existing BMP. The existing BMP shall be shown to have been designed
and constructed in accordance with proper design standards and
specifications, and to be in proper functioning condition.
Table 1*
Water Quality BMP Target Phosphorus Removal Efficiency Percent Impervious
Cover
Vegetated filter strip 10% 16-21%
Grassed swale 15%
Constructed wetlands 30%
Extended detention (2 x WQ Vol) 35% 22 -37%
Retention basin I (3 x WQ Vol) 40%
Bioretention basin 50%
Bioretention filter 50%
Extended detention-enhanced 50% 38 -66%
Retention basin II (4 x WQ Vol) 50%
Infiltration (1 x WQ Vol) 50%
Sand filter 65%
Infiltration (2 x WQ Vol) 65% 67 -100%
Retention basin III (4 x WQ Vol 65%
with aquatic bench)
* Innovative or alternate BMPs not included in this table may be allowed at the discretion of the local program
authority. Innovative or alternate BMPs not included in this table which target appropriate nonpoint source
pollution other than phosphorous (such as petroleum, hydrocarbons, sediment, etc.) may be allowed at the
discretion of the local program authority.
(ii) Technology-based criteria. For land development,
the post-developed stormwater runoff from the impervious cover shall be
43
treated by an appropriate BMP as required by the post-developed condition
percent impervious cover as specified in Table 1. The selected BMP shall
be located, designed, and maintained to perform at the target pollutant
removal efficiency specified in Table 1. Design standards and specifications
for the BMPs in Table 1 which meet the required target pollutant removal
efficiency shall be consistent with those provided in the Virginia Stormwater
Management Handbook.
(4) Stormwater discharges to critical areas with sensitive
resources (i.e., cold water fisheries, shellfish beds, swimming beaches,
recharge areas, water supply reservoirs) may be subject to additional criteria,
or may need to utilize or restrict certain stormwater management practices at
the discretion of the Isle of Wight County Engineering Division.
(5) Industrial sites which are listed under the Standard
Industrial Code are required to prepare and implement a stormwater
pollution prevention plan, and shall file a notice of intent (NOI) under the
provisions of the National Pollutant Discharge Elimination System (NPDES)
general permit.
(6) Stormwater discharges from land uses or activities with
higher potential pollutant loadings, known as ?hotspots?, may require the
use of specific structural BMPs and pollution prevention practices.
(7) Prior to design, applicants are required to consult with the
Isle of Wight County Engineering Division to determine if they are subject
to additional stormwater design requirements.
Sec. 14A-21. Stream Channel Erosion.
(a) To protect stream channels from degradation, specific channel
protection criteria shall be provided as prescribed in the Virginia
Stormwater Management Handbook and Virginia Sediment and Erosion
Control regulations.
(b) Properties and receiving waterways downstream of any land
development project shall be protected from erosion and damage due to
increases in volume, velocity and frequency of peak flow rate of stormwater
runoff in accordance with the minimum design standards set out in this
section.
(c) The Isle of Wight County Engineering Division shall require
compliance with subdivision 19 of 4 VAC 50-30-40 of the Erosion and
Sediment Control Regulations, promulgated pursuant to Article 4 (§ 10.1-
560 et seq.) of Chapter 5 of Title 10.1 of the Code of Virginia.
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(d) The Isle of Wight County Engineering Division may determine
that some watersheds or receiving stream systems require enhanced criteria
in order to address the increased frequency of bankfull flow conditions
brought on by land development projects. Therefore, in lieu of the reduction
of the 2-year post-developed peak rate of runoff as required in subsection 2
of this section, the land development project being considered shall provide
24-hour extended detention of the runoff generated by the 1-year, 24-hour
duration storm.
Sec. 14A-22. Flooding.
(a) The calculations for determining peak flows as found in the
Virginia Stormwater Management Handbook shall be used for sizing all
stormwater management practices.
(b) Downstream properties and waterways shall be protected from
damages from localized flooding due to increases in volume, velocity and
peak flow rate of stormwater runoff in accordance with the minimum design
standards set out in this section.
(c) The 10-year post-developed peak rate of runoff from the
development site shall not exceed the 10-year pre-developed peak rate of
runoff.
(d) Linear development projects shall not be required to control
post-developed stormwater runoff for flooding, except in accordance with a
watershed or regional stormwater management plan.
Sec. 14A-23. Regional Stormwater Management Plans.
Applicants are directed to communicate with Isle of Wight County
Engineering Division prior to submitting an application for stormwater
management plan approval in accordance with Article III of this Chapter to
determine if a Regional Stormwater Management Plan has been developed
for the applicable watershed. If such a plan is in existence, the applicant
must provide stormwater management water quality treatment on-site in
accordance with the provisions of the regional plan, and other management
provisions as specified by the Isle of Wight County Engineering Division.
Article VI. Construction Inspection.
Sec. 14A-24. Generally.
45
Stormwater management construction inspection shall utilize the final
approved plans and specifications for compliance. In addition, the inspection
shall comply with latest version of the Erosion and Sediment Control
Regulations, promulgated pursuant to Article 4 (§ 10.1-566) of Chapter 5 of
Title 10.1 of the Code of Virginia.
Sec. 14A-25. Notice of Construction Commencement.
(a) The applicant must notify the Isle of Wight County Engineering
Division in advance before the commencement of construction. In addition,
the applicant musty notify the Isle of Wight County Engineering Division in
advance of construction of critical components of the SWM facility. Periodic
inspections of the stormwater management system construction shall be
conducted by the staff of the Isle of Wight County Engineering Division or a
professional engineer or their designee who has been approved by the
jurisdictional stormwater authority. Upon completion, the applicant is
responsible for certifying that the completed project is in accordance with
the approved plans and specifications and shall provide regular inspections
sufficient to adequately document compliance. All inspections shall be
documented and written reports prepared that contain the following
information:
(1) The date and location of the inspection;
(2) Whether construction is in compliance with the approved
stormwater management plan;
(3) Variations from the approved construction specifications;
and
(4) Any violations that exist.
(b) If any violations are found, the property owner shall be notified
in writing of the nature of the violation and the required corrective actions.
No additional work shall proceed until any violations are corrected and all
work previously completed has received approval by the Isle of Wight
County Engineering Division. In addition, the person responsible for
carrying out the plan may be required to provide inspection monitoring and
reports to ensure compliance with the approved plan and to determine
whether the measures required in the plan provide effective stormwater
management.
(c) If the Isle of Wight County Engineering Division determines that
there is a failure to comply with the plan, notice shall be served upon the
permittee or person responsible for carrying out the plan in accordance with
46
Article IX of this Chapter.
Sec. 14A-26. Post-Construction Final Inspection and As-Built Plans.
All applicants are required to submit actual ?as-built? plans for any
stormwater management practices located on-site after final construction is
completed. The plan must show the final design specifications for all
stormwater management facilities and must be certified by a professional
engineer. A final inspection by the Isle of Wight
County Engineering Division is required before the release of any
performance securities can occur. A certified inspection of all aspects of the
BMP construction is required, including surface As-Built surveys, and
geotechnical inspections during subsurface or backfilling, riser & principal
spillway installation, bioretention soil placement and compaction activities.
Article VII. Maintenance Inspection and Repair of Stormwater Facilities.
Sec. 14A-27. Generally.
(a) All stormwater management facilities must undergo inspections
to document maintenance and repair needs and ensure compliance with the
requirements of this ordinance and accomplishment of its purposes. These
needs may include; removal of silt, litter and other debris from all catch
basins, inlets and drainage pipes, grass cutting and vegetation removal, and
necessary replacement of landscape vegetation and any repair or
replacement of structural features.
(b) At a minimum, a stormwater management facility shall be
inspected on an annual basis by the Isle of Wight County Engineering
Division. In the event that the stormwater management facility has not been
maintained and/or becomes a danger to public safety or public health, the
Isle of Wight County Engineering Division shall notify the person
responsible for carrying out the maintenance plan by registered or certified
mail to the address specified in the maintenance covenant. The notice shall
specify the measures needed to comply with the plan and shall specify the
time within which such measures shall be completed. If the responsible
party fails or refuses to meet the requirements of the maintenance covenant,
the Isle of Wight County Engineering Division, after reasonable notice, may
correct a violation of the design standards or maintenance needs by
performing all necessary work to place the facility in proper working
condition, and recover the costs from the owner.
Sec. 14A-28. Records of Maintenance and Repair Activities.
Parties responsible for the operation and maintenance of a stormwater
47
management facility shall make records of the installation and of all
maintenance and repairs, and shall retain the records for at least five (5)
years. These records shall be made available to the Isle of Wight County
Engineering Division during inspection of the facility and at other
reasonable times upon request.
Article VIII. Illicit Discharges.
Sec. 14A-29. Illicit Discharges ? Prohibited.
(a) It shall be a violation of this Chapter to:
(1) Discharge, or cause or allow to be discharged, sewage,
industrial wastes or other wastes into the storm sewer system, or any
component thereof, or onto driveways, sidewalks, parking lots or other areas
draining to the storm sewer system; or
(2) Connect, or cause or allow to be connected, any sanitary
sewer to the storm sewer system, including any sanitary sewer connection to
the storm sewer system as of the date of the adoption of this Chapter.
(3) Throw, place or deposit or cause to be thrown, placed or
deposited into the storm sewer system anything that impedes or interferes
with the free flow of stormwater therein.
Sec. 14A-30. Permitted Discharges.
(a) The following activities shall not be in violation of this Chapter:
(1) Water line flushing;
(2) Landscape irrigation;
(3) Diverting stream flows or rising groundwater;
(4) Infiltration of uncontaminated groundwater;
(5) Public safety activities, including but not limited to, law
enforcement and fire suppression;
(6) Well-point dewatering or pumping of uncontaminated
ground water from potable water sources, foundation drains, irrigation
waters, springs, or water from crawl spaces or footing drains;
48
(7) Air conditioning condensation;
(8) Watering and maintenance with landscaping chemicals in
accordance with manufacturer?s recommendations;
(9) Individual residential car washing;
(10) Flows from riparian habitats or wetlands;
(11) Swimming pool discharges that have been dechlorinated or
are free of other disinfecting agents;
(12) Street washing;
(13) Any activity authorized by a valid Virginia Pollutant
Discharge Elimination System (VPDES) permit or Virginia Pollution
Abatement (VPA) permit; or
(14) Any other water source not containing sewage, industrial
wastes or other wastes.
(b) In the event any of the activities listed in subsection (a) above
are found to cause sewage, industrial wastes or other wastes to be
discharged into the storm sewer system, the program administrator shall
notify the person performing such activities, and shall order that such
activities be stopped or conducted in such a manner as to avoid the
discharge of sewage, industrial wastes or other wastes into the storm sewer
system. The failure to comply with such an order shall constitute a violation
of the provisions of this Chapter.
Article IX. Enforcement and Penalties.
Sec. 14A-31. Violations.
Any development activity that is commenced or is conducted contrary
to this Chapter or the approved plans and permit, may be subject to the
enforcement actions outlined in this section and the Virginia Stormwater
Management Act.
Sec. 14A-32. Notice of Violation.
When the Isle of Wight County Engineering Division determines that
49
an activity is not being carried out in accordance with the requirements of
this Chapter, it shall issue a written notice of violation delivered by
registered or certified mail to the applicant. The notice of violation shall
contain:
(a) The name and address of the applicant;
(b) The address when available or a description of the building,
structure or land upon which the violation is occurring;
(c) A statement specifying the nature of the violation;
(d) A description of the remedial measures necessary to bring the
development activity into compliance with this Chapter and a time
schedule for the completion of such remedial action;
(e) A statement of the penalty or penalties that shall or may be
assessed against the person to whom the notice of violation is directed;
(f) A statement that the determination of violation may be appealed
to the municipality by filing a written notice of appeal within thirty
(30) days of service of notice of violation.
Sec. 14A-33. Stop Work Orders.
Persons receiving a notice of violation will be required to halt all
construction activities. This ?stop work order? will be in effect until the Isle
of Wight County Engineering Division confirms that the development
activity is in compliance and the violation has been satisfactorily addressed.
Upon failure to comply within the time specified, the permit may be revoked
and the applicant shall be deemed to be in violation of this article and upon
conviction shall be subject to the penalties provided by this Chapter.
Sec. 14A-34. Civil and Criminal Penalties.
(a) Any person who violates any provision of this Chapter, except as
set forth in subsection (b) below, shall be guilty of a Class 1 misdemeanor
and shall be subject to a fine not exceeding $1,000 or up to thirty (30) days
imprisonment for each violation or both. In addition, the Isle of Wight
County Engineering Division may pursue the following actions:
(1) The Isle of Wight County Engineering Division may apply
to the Circuit Court to enjoin a violation or a threatened violation of the
provisions of this Chapter without the necessity of showing that an adequate
50
remedy at law does not exist.
(2) Without limiting the remedies which may be obtained in
this section, the Isle of Wight County Engineering Division may bring a
civil action against any person for violation of this Chapter or any condition
of a permit. The action may seek the imposition of a civil penalty of not
more than $2,000 against the person for each violation.
(3) With the consent of any person who has violated or failed,
neglected or refused to obey this Chapter or any condition of a permit, the
Isle of Wight County Engineering Division may provide, in an order issued
by the Isle of Wight County Engineering Division against such person, for
the payment of civil charges for violations in specific sums, not to exceed
the limit specified in subsection (2) of this section. Such civil charges shall
be instead of any appropriate criminal penalty which could be imposed
under subsection (1).
(b) Violations of Article IX of this Chapter shall result in the
following penalties:
(1) A willful violation shall constitute a Class 1 misdemeanor.
Each day that a continuing violation is maintained or permitted to remain
shall constitute a separate offense.
(2) Any person who, intentionally or otherwise, commits any
of the acts prohibited by Article IX of this Chapter shall be liable to the
County for all costs of monitoring, containment, cleanup, abatement,
removal and disposal of any substance unlawfully discharged into the storm
sewer system.
(3) Any person who, intentionally or otherwise, commits any
of the acts prohibited by Article IX of this Chapter shall be subject to a civil
penalty in an amount not to exceed $1,000 for each day that a violation of
this Chapter continues. The court assessing such penalties may, at its
discretion, order such penalties be paid into the treasury of the County for
the purpose of abating, preventing, monitoring, or mitigating environmental
pollution.
(4) The County may bring legal action to enjoin a continuing
violation and the existence of any other remedy, at law or in equity, shall be
no defense to any such action.
(5) The remedies set forth in this subsection (b) shall be
cumulative, not exclusive; and it shall not be a defense to any action, civil or
criminal, that one or more remedies set forth herein has been sought or
51
granted.
Sec. 14A-35. Restoration of Lands.
Any violator may be required to restore land to its undisturbed
condition or in accordance with a Notice of Violation, Stop Work Order, or
Permit requirements. In the event that restoration is not undertaken within a
reasonable time after notice, the Isle of Wight County Engineering Division
may take necessary corrective action, the cost of which shall be covered by
the performance bond, or become a lien upon the property until paid, or
both.
Sec. 14A-36. Holds on Occupation Permits.
Occupation permits shall not be granted until corrections to all
stormwater practices have been made in accordance with the approved
plans, Notice of Violation, Stop Work Order, or Permit requirements, and
accepted by the Isle of Wight County Engineering Division.
Sec. 14A-37. Monitoring and Reporting.
(a) The program administrator shall have authority to make such
lawful inspections and conduct monitoring of stormwater outfalls or other
components of the storm sewer system as may be necessary or appropriate in
the administration and enforcement of this Chapter.
(b) The program administrator may require the person responsible
for implementing the approved plan to monitor and submit reports as the
program administrator may require to ensure compliance with the approved
plan and to determine whether the plan provides effective stormwater
management. The person responsible for implementing the plan will
maintain records of all inspections and maintenance, to ensure compliance
with the approved plan and to determine whether the measures required in
the plan are providing effective stormwater management.
The motion was adopted by a vote of (4-0) with Supervisors
Bradshaw, Clark, Ivy and Wright voting in favor of the motion; no
Supervisors voting against the motion; and Supervisor Brown absent for the
vote.
//
Supervisor Bradshaw moved that the Board revert back to the regular
order of the agenda. The motion was adopted by a vote of (4-0) with
Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the motion;
52
no Supervisors voting against the motion; and, Supervisor Brown absent for
the vote.
//
Chairman Ivy called for the continuation of the County Attorney?s
report.
Interim County Attorney Burton requested that the Board approve the
add-on hardware quote with SunGard HTE, Inc. for additional hardware for
the County?s Emergency Communications Center and authorize the
Chairman to sign it on behalf of the Board.
Supervisor Bradshaw moved that the Board authorize the Chairman,
on behalf of the Board, to execute the quote with SunGard HTE, Inc. for
additional hardware for the County?s Emergency Communications Center.
The motion was adopted by a vote of (4-0) with Supervisors Bradshaw,
Clark, Ivy and Wright voting in favor of the motion; no Supervisors voting
against the motion; and, Supervisor Brown absent for the vote.
Interim County Attorney Burton requested the Board?s authorization
to advertise for public hearing An Ordinance to Amend and Reenact the Isle
of Wight County Code by Amending Section 11-3.1 Pertaining to Vehicles
Exempted from the County?s Motor Vehicle License Fees for the Board?s
meeting of January 17, 2008 meeting.
Supervisor Bradshaw moved that the Board authorize the County
Attorney?s office to advertise the Ordinance for public hearing at the
Board?s January 17, 2008 meeting. The motion was adopted by a vote of (4-
0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of the
motion; no Supervisors voting against the motion; and, Supervisor Brown
absent for the vote.
Interim County Attorney Burton requested the Board?s authorization
to advertise for public hearing the creation of a Community Development
Authority for the Benn?s Grant project at the Board?s January 17, 2008
meeting.
Chairman Ivy recommended that the three (3) public hearings related
to the Benn?s Grant project be held at a different location other than the
Robert C. Claud, Sr. Board Room in order to accommodate the number of
individuals anticipated to be attending the public hearing.
Interim County Attorney Burton advised that Mr. Robertson has
arranged for the Board to utilize the Smithfield High School auditorium for
the purpose of conducting those public hearings.
53
Supervisor Clark moved that the Board authorize the County
Attorney?s office to advertise the Community Development Authority for
public hearing at the Board?s January 17, 2008 meeting at 7:00 p.m. The
motion was adopted by a vote of (4-0) with Supervisors Bradshaw, Clark,
Ivy and Wright voting in favor of the motion; no Supervisors voting against
the motion; and, Supervisor Brown absent for the vote.
Interim County Attorney Burton advised that the petition for the
creation of a Community Development Authority for the Benn?s Grant
project has been filed by the applicant with the Clerk of the Board.
Interim County Attorney Burton requested the Board?s authorization
to advertise for public hearing the rezoning for the Benn?s Grant project at
the Board?s January 17, 2008 meeting.
Supervisor Clark moved that the Board authorize the County
Attorney?s office to advertise the Benn?s Grant rezoning for public hearing
at the Board?s January 17, 2008 meeting at 7:00 p.m. The motion was
adopted by a vote of (4-0) with Supervisors Bradshaw, Clark, Ivy and
Wright voting in favor of the motion; no Supervisors voting against the
motion; and, Supervisor Brown absent for the vote.
Interim County Attorney Burton requested the Board?s authorization
to advertise for public hearing the Conditional Use Permit for the Wal-
Mart/Benn?s Grant project at the Board?s January 17, 2008 meeting.
Supervisor Clark moved that the Board authorize the County
Attorney?s office to advertise the matter for public hearing at the Board?s
January 17, 2008 meeting at 7:00 p.m. The motion was adopted by a vote of
(4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of
the motion; no Supervisors voting against the motion; and, Supervisor
Brown absent for the vote.
Interim County Attorney Burton requested the Board?s authorization
to sign the Deed of Bargain and Sale conveying the fire and rescue property
in Smithfield from the Town of Smithfield to the Board of Supervisors of
Isle of Wight County.
Supervisor Clark moved that the Board authorize the County Attorney
to sign the Deed of Bargain and Sale. The motion was adopted by a vote of
(4-0) with Supervisors Bradshaw, Clark, Ivy and Wright voting in favor of
the motion; no Supervisors voting against the motion; and, Supervisor
Brown absent for the vote.
Interim County Attorney Burton advised that he had seven (7) items to
discuss with the Board in Closed Meeting.
//
54
Chairman Ivy called for the Community Development report.
Beverly H. Walkup, Director of Planning and Zoning, recalled that
Dominion Virginia Power has made application to the State Corporation
Commission for a 500 Kilovolt (kV) transmission line that will run through
the County. She stated that the Board returned the matter to the Planning
Commission to consider certain concerns that were raised following
Dominion Virginia Power?s presentation to the Board.
Supervisor Bradshaw noted that it was he that recommended the
Board send the matter back to the Planning Commission and its
recommendation is to follow the proposed route. He noted that this is the
only Board that discussed the idea of having the lines buried underground
and unless it is done regionally there really is no basis to move forward with
that idea. He stated that the hearing is in January, which is when written
comments can be submitted. He requested that Mr. Coontz? comments be
sent with the letter from the Board when it is sent.
Supervisor Wright stated that he did not want any of the County wind
rowed. He cautioned that the debris will be stacked up along the County?s
secondary roads and the Board does not even allow its citizens to pile up
trash in their yards. He stated that Isle of Wight is a County to be proud of
and the Board does not want any wind rows stacked up alongside the road
for farmers to have to work alongside and motorists to have to look at.
Supervisor Bradshaw moved that the Board direct staff to speak at the
January meeting if possible, or send written comments, conveying the
Planning Commission?s recommendations to follow the proposed route; that
the Board still recommends that all timber that is cut be removed from the
site; that the County endorses the concept of the primary right-of-way, but
prefers that Dominion Power put all lines underground; and, that the
comments be sent to the City of Suffolk and Prince George, Sussex and
Southampton Counties to advise this is what the Board is recommending.
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.
Liz Harper, Dominion Virginia Power, advised that the forestry
representative was not able to locate the right-of-way around Booker T.
Estates. She recommended that staff meet her in the field because there is
not suppose to be debris in the streams and fill in wetland areas.
Supervisor Clark offered his assistance, as well as that of Ms. Walkup,
to locate the Booker T. Estates easement for the Virginia Dominion Power
representative.
//
55
Chairman Ivy called for the General Services report.
Ms. Mazur requested that the Board approve the contract with A. C.
Schultes of Maryland, Inc. for the pressure vessel replacement in the
County?s hydrometric tanks at its well facility. She advised that the project
is mandated by the Department of Labor and Industry.
Chairman Ivy moved that the Board approve the contract with A.C.
Schultes of Maryland, Inc. and authorize the Chairman to sign 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.
E. Wayne Rountree, P.E., Director of General Services, presented a
contract for professional services with Red Oaks for a water and sewer rate
analysis, as directed by the Board. He advised that the work is to be
completed by May 31, 2008 so that it can be incorporated in next year?s
budget.
Chairman Ivy commented that he believed that the price was too high
for the work requested.
Mr. Rountree advised that the update of the County?s Water and
Sewer Ordinances are included in the second phase of the project.
Interim County Attorney Burton commented that the County?s
ordinances are desperately in need of updating.
Noting that a delay of a month in approving the contract would not
affect the County?s budget, Chairman Ivy advised that he would prefer to
know that the County is receiving the work for a fair price.
Chairman Ivy moved to direct staff to do a comparison analysis of the
cost with the other jurisdictions. 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 Ivy called for the Emergency Services report.
Steven A. Aigner, Coordinator of Fire and EMS, addressed the Board
concerning solicited RFP?s for architectural services for the design of a new
fire and rescue station for the Smithfield Volunteer Fire Department and Isle
of Wight Volunteer Rescue Squad. He advised that ACA Architects,
partnering with Stewart, Cooper and Newell Architects, was selected and
included in the agenda is an agreement for the Board?s consideration.
56
Supervisor Bradshaw requested that performance measurements be
included in the contract. He stated the Board has incurred problems with
architectural designs in the past with the Carrsville and Carrollton fire
departments. He stated the County should not be stuck with mistakes made
by professionals and he recommends including in the contract that they will
be held accountable if they make a mistake.
Interim County Attorney Burton advised that he would include
appropriate language in the contract, but whether or not they agree to sign
the contract with that language is another question.
Chairman Ivy moved that the Board approve the agreement and
authorize the Chairman to execute it on behalf of the Board and direct
Interim County Attorney Burton to propose language regarding performance
measurements. 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.
Mr. Aigner advised that he has distributed booklets to all but the
Carrollton and Rushmere Volunteer Fire Department that the fire
departments can provide to citizens who have been involved in a fire, which
walks them through the first 24 hours of a fire.
//
Chairman Ivy called for the County Administrator?s report.
County Administrator Caskey presented a sponsorship request from
Precision Cheer of Smithfield for the Board?s consideration. He noted that
behind the Board report is the Board?s policy statement relative to
considering sponsorships.
Supervisor Bradshaw moved that the Board send the request to the
Finance Committee for review and consideration. 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.
Emily G. Haywood, Director of Human Resources, requested that the
Board authorize staff to proceed with having a compensation study
performed to bring the County?s current plan up-to-date in order to prepare
for the upcoming budget.
Supervisor Bradshaw moved that the Board authorize staff to obtain
consulting services relative to a County Compensation Study. 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.
57
//
Chairman Ivy called for consideration of the Consent Agenda.
A. Resolution in Recognition of the Passing of Evelyn D. Chandler
B. Resolution to Recognize the Contributions of John Trier
C. Financial Audit Report for the Year Ended June 30, 2007
D. Virginia Department of Fire Programs ? Grant Funds Received
. Resolution to Accept and Appropriate Funds for the
Virginia Department of Fire Programs Grant
E. Application for Grant Funds ? Department of Homeland
Security
. Resolution to Accept and Appropriate Grant Funds in the
Amount of $20,700 for Community Fire Prevention and
Safety Awareness Including a Smoke Alarm Project and
the Purchase of a Fire Extinguisher Training Prop
F. Transfer of Capital Budget Funds for the Smithfield Volunteer
Fire Department
G. Surplus Property Sale Results
H. Monthly Financial Reports for County and Schools
I. Proposed FY2008-09 Budget Calendar
J. Monthly Website Report and Calendar
K. Monthly Engineering Projects Report
L. County Policy Addition
. Resolution to Amend the County Policy Manual Chapter 1
M. September 20, 2007 Regular Meeting Minutes
N. October 4, 2007 Regular Meeting Minutes
O. October 18, 2007 Regular Meeting Minutes
P. October 30, 2007 Regular Meeting Minutes
58
Supervisor Bradshaw moved that Items (G) and (I) be removed 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.
Regarding Item (G), Surplus Property Sale Results, Supervisor
Bradshaw moved that the Board accept the results. 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.
Regarding Item (I.), Proposed FY2008-09 Budget Calendar,
Supervisor Bradshaw moved that the Calendar be accepted knowing that it
will change as the Board will not need three (3) work sessions. 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 Ivy called for Appointments.
Supervisor Clark moved that the Board renominate Nancy Guill,
representing the Newport District to serve on the Board of Zoning Appeals.
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 Interim Social Services Director
be appointed to serve on the Comprehensive Services Act/Policy and
Management team and/or any person that is designated by that person. 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 Interim Social Services Director
be appointed to serve on the Human Resources Sub-Committee Lead
Agency and/or any person that is designated by that person. 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 Interim Social Services Director
be appointed to serve on the Regional Group Home Commission and/or any
person that is designated by that person. 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.
59
//
Chairman Ivy called for Old Business.
Supervisor Bradshaw reminded staff that the Board is expecting a flat-
line budget for FY08-09 and there will be no increases for local spending for
next year.
//
Chairman Ivy called for New Business.
Chairman Ivy recommended that the Town of Smithfield provide a
presentation at the Board?s January 17, 2008 meeting regarding the
anticipated use of the property at James and Washington Street and that staff
also make a presentation as to its recommendation for the property.
Chairman Ivy requested that Mr. Robertson send a note to the City
Councils of Norfolk and Virginia Beach to advise what the County?s efforts
are in regards to the regional issue of a smoking ban.
//
Supervisor Clark commented that this is Chairman Ivy?s last meeting
and it has been an honor and privilege to work with him over the last couple
of years. He noted that he appreciated Chairman Ivy?s efforts with regards
to the school administration and he recognized him as being the Fire and
Rescue Association?s liaison. He noted that it has energized him to see the
efforts Chairman Ivy has put into his job.
Supervisor Wright personally thanked Chairman Ivy for the leadership
that he has brought to the Board. He recognized that being on the Board has
taken a lot of time from his family to serve the public.
Supervisor Brown noted that he has enjoyed serving on the Board with
Chairman Ivy who has brought a lot of leadership and made great strides in
certain areas.
Supervisor Bradshaw echoed the Board members previous comments.
He recognized Chairman Ivy?s energy which contributed to the Board
moving forward with televising its meetings and updated the County?s
website because of his knowledge. He stated working with Chairman Ivy
has been a pleasure.
Chairman Ivy commented that it has been both an honor and privilege
to serve the County. He stated that he has made several new friends during
his tenure for that he is very thankful.
60
//
Interim County Attorney Burton requested a Closed Meeting pursuant
to Section 2.2-3711A.7 of the Freedom of Information Act relative to three
(3) matters concerning consultation with legal counsel requiring the
provision of legal advice pertaining to actual litigation; pursuant to Section
2.2-3711.A.7 concerning consultation with legal counsel requiring the
provision of legal advice pertaining to probable litigation; pursuant to
Section 2.2-3711.A.3 concerning discussion with legal counsel regarding the
acquisition of real property in the Windsor Development Service District
pertaining to the intermodal park; pursuant to Section 2.2-3711.A.3
concerning discussion with legal counsel regarding the acquisition of real
property in the Newport Development Service District; and, pursuant to
Section 2.2-3711.A.7 regarding consultation with legal counsel requiring
the provision of legal advice pertaining to a specific public official.
Supervisor Brown moved that the Board enter the Closed Meeting for
the reasons stated by the Interim County Attorney. The motion was adopted
by a vote of (5-0) with Supervisors Brown, Bradshaw, Clark, Ivy and Wright
voting in favor of the motion, and no Supervisors voting against the motion.
Supervisor Clark moved that the Board return to open session. The
motion was adopted by a vote of (5-0) with Supervisors Brown, Bradshaw,
Clark, Ivy and Wright voting in favor of the motion, and no Supervisors
voting against the motion.
Supervisor Clark moved that the Board adopt the following
Resolution:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
61
VOTE
AYES: Brown, Bradshaw, Clark, Ivy and Wright
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING
: 0
There was no action following the Closed Meeting.
//
At 8:30 p.m., Chairman Ivy moved that the Board adjourn its meeting.
The motion was adopted by a vote of (5-0) with Supervisors Brown,
Bradshaw, Clark, Ivy and Wright voting in favor of the motion, and no
Supervisors voting against the motion.
__________________________
Thomas R. Ivy, Chairman
_______________________________
Carey Mills Storm, Clerk
62
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