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05-21-2009 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY -FIRST DAY OF MAY IN THE YEAR TWO THOUSAND AND NINE PRESENT: James B. Brown, Jr., Chairman Phillip A. Bradshaw, Vice - Chairman Al Casteen Stan D. Clark Thomas J. Wright, III Also Attending: A. Paul Burton, Interim County Attorney Patrick J. Small, Assistant County Administrator Carey Mills Storm, Clerk /1 1/ /1 Chairman Brown called the meeting to order at 6:00 p.m. Supervisor Casteen delivered the invocation. The Pledge of Allegiance was conducted. Chairman Brown called for Approval of the Agenda. Interim County Attorney Burton offered the following amendments to the agenda: Add a closed meeting pursuant to Section 2.2- 3711.A.7 of the Code of Virginia relative to consultation with legal counsel requiring the provision of legal advice pertaining to actual litigation; move the Emergency Services Report to the end of the agenda; under Public Hearings, add consideration of the Tax Exemption request for Covenant Place, Inc.; and, under County Attorney's Report, add six (6) closed meeting items, for a total of eight (8) items. 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, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2- 3711.A.7 of the Code of Virginia for the purpose of consultation with legal counsel requiring the provision of legal advice regarding actual litigation. 1 Supervisor Bradshaw moved that the Board enter the closed meeting for the reason stated by Interim County Attorney Burton. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Wright moved that the Board return to open meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw 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. VOTE AYES: Bradshaw, Brown, Casteen, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 There was no action following the closed meeting. 1/ Chairman Brown called for Special Presentations /Appearances. 2 Sheriff C. W. Phelps read House Joint Resolution No. 943 into the record and provided a history of past sheriffs in Virginia. He brought to the Board's attention that Deputies are wearing badges commemorating 375 years of service. /I Chairman Brown called for Regional Reports. Chairman Brown advised that Christian Outreach, during the month of May, 2009, had dispersed $847. He advised that he had informed the Director of Social Services about the meeting arranged by staff with Gloucester County regarding its shared services and that the Director of Social Services has developed a matrix illustrating why shared services between the County and the Department of Social Services will not work. He extended an invitation to Mr. Robertson, Interim County Attorney Burton, County Administrator Caskey and Supervisor Bradshaw to attend the meeting in Gloucester County with him to discuss how services between the two (2) organizations can be improved. He advised that a final decision from the Isle of Wight Social Services Department regarding shared support for computers is still pending with respect to the issue of providing internet connection at no additional cost to the County. Supervisor Bradshaw reported that Mr. Robertson, in conjunction with Dean Lynch of VACo, is conducting an evaluation on shared services between the County and the Department of Social Services. He offered to keep the Board apprised as staff moves forward with this effort. Supervisor Clark reported that negotiations are ongoing with respect to the Southeastern Public Service Authority's waste -to- energy plant and that all current operations appear to be functioning at normal capacity. He noted that he would keep the Board apprised as developments with negotiations occur. Supervisor Casteen reported that the South Hampton Roads Resource Conservation and Development Council's bylaws are being revised and that the Council would be hosting the spring RCD meeting. Chairman Brown reported on discussions at the most recent meeting of the Southside Mayors and Chairs concerning high speed rail in Hampton Roads. He advised that it is President Obama's initiative to have high speed rail with 600 connection miles to major cities. He advised that speeds of 80 mph to 110 mph are being considered for the Peninsula and South Hampton Roads areas. He advised that he and Mayors Fraim and Johnson have been requested to develop a joint resolution outlining the reasons why the southside is the better choice for the rail. He noted one (1) major obstacle for the Southside will be providing connection across the Elizabeth River. He 3 advised that President Obama's initiative is $5 billion for a five (5) year period for high speed. He stated in terms of civil defense, a rail is the most efficient method by which to move large numbers of people expeditiously. Regarding the Virginia Association of Counties, Supervisor Bradshaw advised that he has been appointed to a State Energy Committee and that he is looking at the possibility of securing Federal funding for the replacement of windows at Westside and Hardy Elementary schools. Regarding the Western Tidewater Regional Jail Authority, Supervisor Wright advised that a bill in excess of $5,000 for Michael Vick's recent stay has been forwarded to the Federal Marshals. He advised that the number of Federal inmates utilizing the Jail have decreased during the last two (2) months. /1 Chairman Brown called for Transportation Matters. Eddie P. Wrightson, Director of General Services, offered to provide Supervisor Clark with an update on Yellow Rock Lane at the Board's June 11, 2009 meeting. MacFarland Neblett, Residency Administrator, VDOT, advised that he was in receipt of Supervisor Clark's correspondence advising of the pooling of water at Smith's Neck Road and Route 17 and that he anticipates the matter being addressed in the next ten (10) days. Supervisor Clark notified Mr. Neblett that the Gatling Pointe South Community Association is requesting that VDOT consider the reduction of the speed limit from 45 mph to 35 mph on Battery Park Road and Gatling Pointe. Chairman Brown notified Mr. Wrightson that Henry Bradby of Track Lane has advised him that there is a street light on Bradby Lane which is in need of replacement. Supervisor Bradshaw inquired about the status of Route 460 in Zuni. Mr. Neblett advised that the realignment of the pipes underneath Zuni Circle has been accomplished and that VDOT is proceeding with obtaining a contract to lay the pipe underneath Route 460. Supervisor Bradshaw notified Mr. Neblett that he has received a request from residents of Pocahontas and Camptown for "Children at Play" signage. 4 Mr. Neblett advised Supervisor Bradshaw to initiate a petition for submittal to the Board. Supervisor Bradshaw notified Mr. Neblett about flooding conditions on Colosse Road at the Butler Farm. /1 /1 Chairman Brown called for Citizens Comments. Joe Stradley of Windsor requested hunting rights for eighteen (18) individuals on the Whitley, Eure and Griffin properties owned by the County. At 7:00 p.m., Supervisor Bradshaw moved that the order of the agenda be amended in order to conduct the public hearings. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved to amend the order of the public hearings to begin with the request of. J. D. Shenk. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for a public hearing on the following: The request of J. D. Shenk, LLC, owner, to amend the Comprehensive Plan Land Use Designation of Tax Map Parcel 33 -01 -170 in the Newport Development Service District from Suburban Estate to Business and Employment Growth. Said property, approximately 4.10 acres, is located at 21401 and 21415 Brewer's Neck Boulevard in the Newport Election District. The proposed use of the property is for mixed commercial uses. William Riddick, Attorney representing the applicants, advised that the property is comprised of two (2) buildings, one (1) of which is masonry and the other is metal. He further advised that the masonry building, which was built in approximately 1958, has been used continuously as a commercial structure and the metal building, which was built in the 1980s and previously known as Carrollton Antiques, has moved to another location. He explained that the past owner used the building for uses that were not permitted and that his clients, when they purchased the property, did not realize that property 5 was not zoned for commercial purposes as it had been used as a commercial facility for some time. He stated that although the property is zoned suburban estates, it is not inconsistent with what is in the surrounding area. He stated that bringing this property into compliance will not have a negative effect. He stated that most of the lots to the rear of Booker T. Estates are wet and can not be developed and that the County does not have any plans to extend the roads and utilities back there. He stated that the only lot that would be affected already has a residence located on it and that proposed as part of the site plan is enhanced landscaping to further buffer this facility from the existing residence. He advised that his client is proposing to bring the property into compliance with the County's ordinance by locating the new parking area to the rear between the two (2) new buildings. He stated that as part of the revised proffers, his client is offering to remove the excessive signage and make it more uniform so that it presents a better appearance. He stated that awnings will be installed over the entry doors; landscaping will be planted along the foundation of the building; the doors will be made to look more uniform; and, there will be a uniform color scheme applicable to the property. He stated that the uses are uses that are appropriate for this property in order to accommodate the existing businesses. He advised that businesses have a difficult time locating in the County as there are limited opportunities to find property that is properly zoned and in compliance with the zoning ordinance. Chairman Brown called for persons to speak in favor of or in opposition to the request. Thomas Finderson, Newport District, spoke against the application because of the existence of the three (3) surrounding communities and because the application is incompatible with those residential communities. He recommended a Special Use Permit to keep these businesses going until the applicant could raise sufficient funds to improve the property. He noted that the applicant is unwilling to provide additional landscaping or make improvements to the building to make it more attractive. He stated that the applicant does not want to offer any cash proffers and that this project should be treated the same as other applications. He noted that a traffic study has not been conducted; there is no right -turn lane into the property; and, there should be consideration of a special buffer on the right to separate the developable lots, which are not located in wetlands. He advised that only one (1) of the eight (8) existing businesses currently holds a business license. Sharon Hart, Newport District, recommended that the application be handled as a Special Use Permit. She stated that the past uses of antique shops, reproductions and clock repair are suitable to the residential zoning that has existed in the past. She stated that consideration should be given to the impact on surrounding residential neighbors and the past uses did not bring much traffic and were quiet. She stated if a new rezoning is allowed with more intense uses, the Board should be reminded that the Benn's Grant development will bring the traffic to a barely passing level. She stated that if 6 the Board approves the rezoning as proffered, more intense development will be allowed and it will no longer be restricted to quiet antique shops and clock repair. She advised that the carpenter shop has been relocated to the far right of the brick building, which locates it next to the home located only 35 feet away, which is now for sale. She stated that the shop is another non - forming use that the current owner has added since he learned that the property was not zoned commercial. She added that additional requested uses will be canine grooming, training facility and an auction house, which bring more traffic and more noise and which are inappropriate for the surrounding residential area. She stated that there are eight (8) residential lots adjoining the property which would be affected and she reminded the Board that the County has invested a great deal of money to improve the Booker T. Estates area with no current plan to bring a road to the back of the lots. She stated that it is her understanding that the lots are not wet and are completely developable. She stated that the Comprehensive Plan discourages strip malls, which the new zoning, if approved, would encourage. She expressed concern with the applicant wishing to expand and join with the commercial property next to him. She noted that the current buildings are in very poor shape with a wetlands feature to the rear of the property which could be mitigated so that the rear of the property could be built upon. She stated that the current owner purchased the property, which assessed at $250,000 in 2004 for $875,000 in 2006, which would lead one to believe that the applicant has some commercial plans for development. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Clark questioned if changing the current designation from suburban estates would allow for a shopping center at that location. Ms. Walkup stated that the applicant has proffered that there will be no enlargement to the existing uses, with the exception of a 2,500 square foot expansion, which is allowed in the Zoning Ordinance for uses for existing businesses that do not conform to the Overlay District standards. Supervisor Clark inquired if there is anything proposed that might cause a substantial increase in traffic flow. Ms. Walkup advised that staff had forwarded the application to VDOT for comment and did not receive any red flags from VDOT at this time. She advised that for any uses that move into that building during the zoning permit stage, staff will be required to count parking spaces and determine any use that will be allowed to go there and ensure that the site requirements have been met under the Zoning Ordinance. She stated that in order to trigger additional VDOT improvements, the site would most likely not accommodate the parking and other requirements for the use, but that would have to be determined by VDOT. 7 Supervisor Clark inquired if the applicant is meeting the landscaping standards under the Highway Corridor Overlay District. Ms. Walkup replied that the applicant will meet the standards. She advised that staff is currently revising the landscaping standards to be more cost efficient, while providing the same screening and softening effect and the applicant has proffered that the landscaping will meet the Zoning Administrator's approval and not the current landscaping standards which are being revised by staff at this time. Chairman Brown inquired if the weaknesses have been addressed during the site plan review. Ms. Walkup advised that the main weakness involved negotiations of some improvements to the site and that the footprint would be expanded and there would be more intense development and the applicant has proffered that the square footage would be no greater than 2,500 square feet. Supervisor Bradshaw moved that the Board accept the recommendation of the Nanning Commission and approve the change in the Comprehensive Plan. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for a public hearing on the following: The application of J. D. Shenk, LLC, owner, for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional - General Commercial (C -GC) of approximately 4.10 acres of land located at 21401 and 21415 Brewer's Neck Boulevard in the Newport Election District. The purpose of the application is to allow for selected general commercial uses. Ms. Walkup introduced the application. Chairman Brown called for persons to speak in favor of or in opposition to the request. William Riddick, Attorney representing the applicant, advised that the proffers submitted were developed in consultation with staff and in a subsequent session with staff following input at the Planning Commission meeting in order to address all the issues raised regarding landscaping, parking and expansion. He advised that the objections voiced in the previous application have been limited by the proffered conditions. He stated that the applicant is only attempting to make the current uses lawful. Chairman Brown closed the public hearing and called for comments from the Board. 8 Supervisor Clark requested clarification regarding a portion of the site improvements being installed by the applicant without County approval. Ms. Walkup advised that the applicant had made certain parking lot improvements and landscaping without County approval in order to improve the appearance of the site, but that the work immediately ceased upon notification from staff. Supervisor Bradshaw moved that the application be approved, as proffered. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for a public hearing on the following: The application of Founders Pointe, LLC owner /applicant, for an exception to the Chesapeake Bay Preservation Area Ordinance. Specifically, Section 3002(D)(5) to allow the installation of 1.5 inches of asphalt in the 100 -foot Resource Protection Area Buffer to pave over the existing crush - and -run gravel surface of the path to the Founders Pointe Community Pier. The path is located on Tax Map Parcel No. 34- 01 -188, going from the cul -de -sac on Ships Landing Court to the foot of the community pier, in the Founders Pointe Subdivision in the Newport Election District. Ms. Walkup introduced the application. Supervisor Clark commented that Mr. Johnson, a resident of Founders Pointe, is confined to a motorized wheelchair due to a recent stroke and that Mr. Johnson, prior to his stroke, had enjoyed going down to the pier. He advised that the existing crush and run makes it very difficult for Mr. Johnson to traverse the pier and he asked the Board to keep Mr. Johnson's condition in mind as they hear public comment on the application. Chairman Brown called for persons to speak in favor of or in opposition to the request. Mark Edwards, Founders Pointe, LLC, offered to answer questions. Thomas Finderson, Newport District, spoke in favor of the application stating that asphalt, as opposed to rock dust, is a superior product for wheelchair use. He stated crowning of the asphalt is necessary to ensure the shedding of water on the left and right sides of the walkway. Albert Burckard, Newport District, spoke against the application and requested that it be denied. He stated that the request is being submitted because Founders Pointe does not want to go to the expense of installing a 9 reasonable pervious surface. He recommended that a harder pervious surface be installed versus allowing asphalt into the RPA. Sadie Boyer, Newport District, advised that she has used a wheelchair for 25 years due to Polio at the age of six (6) and that getting around is not an easy thing. She stated the world's waterways can no longer sustain themselves and there are other alternatives than the pier having a hard surface. She noted that Founders Pointe is an upscale neighborhood and if the path will be used in the future, Founders Pointe could have been more diligent in the first place in paving the path. She urged the Board to develop a plan so that other developers will not put down this kind of pathway. Sharon Hart, Newport District, spoke in support of a handicapped path. She stated that there are certain cement pavers which could be utilized as a compromise. Kim Hummel, Planning and Zoning, addressed the issue of the crowning of the path. She stated that the paving of the path was analyzed in the Water Quality Impact Assessment, and was said to be negligent, which she agrees with. She stated that the State Chesapeake Bay programs states that this type of trail is acceptable under State regulations. She advised that she spoke with Founders Pointe and an outside engineering firm regarding whether or not the path could be crowned to allow the water to run off side to side, but that the equipment utilized in paving is too large for such a narrow path. She noted that while it makes the path more difficult to install, a slight slope to the left and right could be done although she is not convinced that it would solve anything in this case. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Clark moved that the application be approved, as requested. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for a public hearing on the following: The application of the Isle of Wight County Board of Supervisors, applicant, Locust Grove Partners, L.P. and E. E. Holloway, Jr. Estate, owners, and Bay Sand Company, Inc., operator, for a Conditional Use Permit to allow construction and operation of two (2) open borrow pits totaling approximately 56.5 acres of land located on the west side of Benns Church Boulevard (Routes 10 & 32) south of Muddy Cross Drive (Route 620), in the Windsor Election District, for the purpose of processing and the removal of sand and topsoil for commercial sale. The mining operation will create a lake to provide for farm irrigation and /or serve as a recreational area. 1 0 Ms. Walkup introduced the application stating that the application was considered and denied by the Board on September 20, 2007. She stated that litigation pursued and this application is the result of the negotiations that took place in order to settle the court case. Chairman Brown called for persons to speak in favor of or in opposition to the request. Grace Keen, Benn's Church Boulevard, expressed concern with one (1) of the terms of settlement in that the County will consider filing a Conditional Use Permit on the property for the operation of a borrow pit. She inquired if this application is the result of a lawsuit. She expressed concern with the projected heavy traffic along Benn's Church Boulevard, which already experiences heavy traffic and congestion. She stated that her husband has Chronic Obstructive Pulmonary Disease and dust is not his friend. She stated that she has lived in her home for 41 years and she is aware of how the wind carries the dust around. She inquired if some of the pits would be located close to the roadway and not behind the Jones and Taylor's properties. She requested that the Board take motorists' safety into consideration as the Board allows the intersection to become operational. Thomas Finderson, Newport District, advised that there is a blind corner as you turn right from Benn's Church intersection to Muddy Cross Road and he recommended that the trees be cut so that approaching cars can be seen or have a median built so that a truck turning right does not tend to swing out left. Sharon Hart, Newport District, commented that it is not reasonable to put an operation such as this next to the Benn's Grant development. She inquired if any studies have been done regarding the wells in that area. Albert Burckhart, Newport District, stated that while these excavations are called borrow pits, nothing is returned leaving permanent scars in the landscape and eliminating any future use of that area. He reminded the Board of its previous action to deny the application and of the Board's ability and authority as the legislative body to deny the application. He urged the Board not to allow any more strip mining or open pit mining in the County. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Wright moved that the application be approved with the following modified conditions: 1. The intersection of Route 10 and Muddy Cross Drive to be improved to meet the Virginia Department of Transportation's standards for the level of use; 11 1/ 2. Improvements to Muddy Cross Drive to a condition adequate of handling the additional truck traffic generated by the borrow pit operation, and repair any damage done to Muddy Cross Drive due to the operation of the pits, all in accordance with VDOT requirements; 3. Adhere to the days and hours of operation, and truck route as stated in the operations plan; 4. Implementation of heavy three tiered landscape buffering in the Highway Corridor Overlay. Especially the utilization of three foot (3') in height, 3:1 slope earthen berms in the first 25' adjacent to the rights -of -way that constitute Benns Church Boulevard as well as Muddy Cross Drive; 5. The operation and reclamation of the borrow pits be in strict accordance with County, State and Federal legislation. That the applicant agrees to the implementation of all reclamation measures required by the State of Virginia and Isle of Wight County in effect at the time of reclamation. That aforesaid reclamation requirements and measures shall be applied to the entire borrow pits on all parcels affected in this application; and, 6. Pursuant to the Phase 1 A report from CRI, a Phase 1 archeological study shall be performed in the project area prior to preliminary site plan approval. The motion was adopted by a vote of (4 -1) with Supervisors Bradshaw, Brown, Casteen and Wright voting in favor of the motion and Supervisor Clark voting against the motion. Interim County Attorney Burton advised Mrs. Keen that when an applicant files an application for a Conditional Use Permit and that Permit is denied under the County's Zoning Ordinance, the applicant is not permitted to refile that for a period of one (1) year. He stated that in this case, there had been a lawsuit and, as a part of the discussions of the lawsuit and settlement of it, the Board had agreed to consider, by its own motion, to rezone the property. He stated that the applicant must sign the application and they have to agree to it. Chairman Brown moved that the Board take a recess. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 12 Supervisor Bradshaw moved that the Board return to open session. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for a public hearing on the following: The application of Turner Farms, Inc., Benns Church Properties, Henry W. Morgan, and Richard L. Turner, applicants /owners, for a change in zoning classification from Rural Agricultural Conservation (RAC) to Conditional Planned Development — Mixed Use (C- PD -MX) of approximately 253.375 acres of land located on the west side of Benns Church Boulevard (Rt. 10) near its intersection with Brewer's Neck Boulevard (Route 10/32/258), in the Windsor Election District. The purpose of the application is to allow for construction of a mixed use development. Matthew Smolnik, Planning and Zoning, introduced the application. Chairman Brown called for persons to speak in favor of or in opposition to the application. Henry Morgan, 22048 Ballard Creek Drive, applicant, recalled that the project was originally initiated in May of 2002 and that the application had been filed in January of 2006 and amended numerous times. He reminded the Board that the application had been passed by the Planning Commission and sent to the Board for public hearing in 2008. He noted that two (2) weeks prior to the Board hearing the application, capital markets crashed and his development partner withdrew from the application. He advised that the application had to then be corrected to reflect his exit and he took the opportunity to improve the project further. He stated that the project has been reduced by half and further refined and, as a result, had been passed by the Planning Commission. Eric Galvin, Land Planning Solutions, provided a brief overview of the proposed project noting that it complies with the County's roadmap for growth. He advised that all concerns have been addressed that were raised during the public meetings and that the development has been designed to meet the goals outlined in the County's Road Map for Growth. He stated that the application is a traditional neighborhood design and the site's historic resources have been preserved; environmentally sensitive areas have been protected; walk ability has been promoted; and, all roadmap for growth criteria for mixed -use development have been met. He stated that the general design and layout has been revised per the public meetings to accommodate for additional open spaces, shorter blocks, increased trail linkage and LID components. He stated that the plan encourages historic and traditional style 13 of architecture with a mix of housing types, sizes and prices. He stated that architectural guidelines will be established and a board created to approve and monitor proposed housing styles. He stated that the houses will have a strong emphasis on the front porch and that there will be numerous parks and open spaces throughout the community, all linked together through a network of sidewalks and trails. He stated that the benefit to residents is that they will be encouraged to walk, not drive, for recreation or a trip to the market. He stated that the proposed commercial areas will provide the community with the much needed retail that residents currently travel for outside of the community. He stated that a 70 foot scenic corridor has been created to connect commercial development with adjacent communities and travelers along Route 10. He stated that pedestrian, bike trails, benches, lighting and berming will all be provided in a park -like atmosphere. He stated that 43 acres of the site has been dedicated to open space and the site is now smaller than the 2007 application, allowing for more land to be preserved. He stated that the open spaces will be linked to each other and to the commercial components through the trails and sidewalks emphasizing the walk ability of that community. He stated a variety of spaces will be provided such as fishing, jogging, biking and free play areas for children. He stated that recreational facilities will also be provided for both single family and multi- family residences. He stated that the historic and architectural significant areas will be preserved specifically by finding a home for the Jordan house and providing proffers accordingly. He stated that traffic concerns have been thoroughly addressed and the proposed Benn's Grant development will provide the County with a needed solution for the intersection at Route 10 and Route 258. He stated that the applicant has proffered to re- evaluate the traffic count once the commercial area is built to approximately 480,000 square feet. He stated that there are great economic benefits for the County and that the traditional design has proven to reduce the municipal operating expenses due to its compact nature. Melissa Ventable, Land Planning Solutions, stated that the plan has been reduced from 600 to 253 acres with the number of residential units reduced by 50 %. She stated that 800,000 square feet of office space has been eliminated and the commercial area has been reduced from 770,000 square feet to 650,000 square feet. She stated that the Riverside Hospital portion of the application is still intact and moving forward separately and the ballpark land dedication and associated costs have been eliminated. She stated having a smaller acreage footprint has allowed them to pull away from the RPA and Cypress Creek assuring no impact to that area and being more environmentally friendly as a whole. Mr. Morgan advised that the revised Fiscal Impact Study demonstrates that the project is cash flow positive to the County from year one (1) and has been revised to accommodate a different phasing plan, as pointed out by the public. 14 Lewis Frankmeyer, 15188 Kennel Lane, spoke in support of the project. He stated that Messrs. Morgan and Turner have owned the property since 1985. He further stated that he has never seen a more controversial rezoning and that it is now time for the Board to make hard decisions. Joe Puglisi, Newport District, spoke against the application stating that the rezoning will potentially create additional pressure on both commercial and residential real estate. He stated that a zoning change is something that the Board has to grant and it is not a matter of right. He stated that the Town of Smithfield needs to be rejuvenated and maintained so that it continues to be the centerpiece of this area and adding more property for development is not going to be helpful to the overall community. He urged the Board to deny or defer the application when conditions would be more favorable for such a project. Frank Drewery, 14065 Poor House Road, spoke against the application stating that there are existing housing developments that have been approved and the homes not yet built. He stated that there are not sufficient roads, police and rescue personnel for handling this development. He recommended that the Board deny the application because the County does not need it and it can not afford it. Herbert Cox, Hardy District, spoke in opposition to the application due to its increase in traffic. He questioned if the Benn's Grant development would pay for 100% of the proposed road changes. He stated that he quit utilizing the Benn's Church intersection when the traffic first began to increase. He stated that Suffolk already has a big -box store. He stated that he watched York County grow from a rural area to strip malls along Route 17's length and heavy traffic lights. He stated that the 45 mph speed limit on Route 17 can be achieved at times, but not very often due to the number of traffic lights. He stated that there are currently three (3) traffic lights within a quarter mile at Eagle Harbor. He stated that change does not happen overnight as it comes one (1) decision at a time and the Board needs a plan to prevent what growth has done to Gloucester and York Counties from happening in Isle of Wight. He stated that the plan is being changed to serve individuals at the expense of the greater good. William Bell, Orbit Road, stated that there is a perception that the County has spent a great deal of money on this project over the last seven (7) years. He stated that he does not know why the County has hired consultants and then not taken their recommendations. He stated it is said that building in the County is more difficult than anywhere else in the region, yet the Board seems to be trying to keep the application alive just to make something happen at that location. He stated local builders need to be involved in the building of this development, creating jobs in the County, rather than people from outside the County. He stated that he understands that the affordable housing has been pushed to the back corner, but he thought that the affordable housing was to be integrated into the general plan. He stated that 15 a Walmart is not needed and he asked if the County is prepared for the closing of businesses in the Town of Smithfield. Regina Haverty, Newport District, recalled that in 2002, the Development Service Districts was expanded to include the 600+ acre Turner/Morgan property. She asked why this application when there were already parcels existing in the same area that were not promoted or utilized for development. She stated it would be more logical to concentrate on the Route 17 corridor, as there are several adjacent properties for sale in the Brewer's Neck Boulevard/Route 17 intersection that would be more appropriate for the kind of development that the County seems to be determined to attract. She stated regarding a big box being good for the community, with the exception of the residents of the planned 600 home community at Benn's Grant, everyone else will still have to drive 20 minutes to shop there. She stated that she is not advocating no growth, but rather for responsible timely growth. Delores Darden, Windsor District, stated that the revised plan appears to be more palatable and looks like it might work well in the County, but she wonders how soon phase 2 will be before the Board to rezone the other 400 acres. She stated that the paving of Muddy Cross Road with stimulus funds will open up the door for several entrances to phase 2 of that property. She stated that the development will have a tremendous strain on the County's services such as schools, fire, rescue, police and public works. She stated that pavement of Muddy Cross Road will create additional traffic. She urged the Board to deny the application and allow the County to remain a unique community. Lisa Menya, Newport District, stated that the County is a unique community in the Tidewater area because of its character. She stated that a number of the communities have sold out and she encouraged the Board not to do that. Steve Certafini, Newport District, stated that the Board needs to understand that this is only Phase 1 and there are 400 other acres that will come along eventually and the County will have to begin paying professional fire, rescue and police because these kinds of developments can not be sustained with volunteers. He stated that the roads will also not support these kinds of developments. Sharon Hart, Newport District, recommended that the Board not include workforce housing if it decides to approve this project because it will cost the County a great deal of money to subsidize these homes. She stated that there is a critical need for housing in the County to allow workers such as teachers, deputies, firemen and County staff, but the rents proposed will not be affordable for those kinds of workers. She stated affordable housing should be saved for the southern end of the County where the intermodal park will be located when it comes. She stated the proffers on Page 8 which 16 states that "in the case where workforce housing is subsequently sold to someone who does not prequalify, the workforce deed of trust shall be satisfied in full from the proceeds of the sale of the workforce dwelling unit" will not assure that the County will receive proffers to offset the cost to the County. She stated that due to the current downturn in the economy, she would also recommend removing the age - restricted housing proffer. She stated that she did not see included in the proffers the water tower that Mr. Turner had promised at the last meeting. She stated even with the reduction in size of the project, traffic at Benn's Church and Brewer's Neck Road will be at 2,240 vehicles per hour during peak time which will not allow for any further development on those corridors without further expansion of roads. Sadie Boyer, Newport District, stated that the proffers do not reflect that Messrs. Turner and Morgan will agree to comply with the HUD recommendation by the Planning Commission. She requested that the Board not approve any workforce housing rental units because, with the approval of 120 units for the Bridge Point Commons, there is now a backlog. She stated that she does not believe that this project, in the near future, will keep the County's taxes from increasing and that she has not heard discussed the value of outparcels versus no outparcels. Thomas Finderson, Newport District, stated that the downturn in the economy is the reason that the Armada Horner backed out of the projected. He stated that International Paper and Smithfield Foods are in decline and, if the Board does not approve this project which will bring in $2,000,000 in revenues, the County's taxes will increase. He recommended establishing a new economic center in the northern portion of the County. He stated that the traffic problem associated with the project has been addressed and that the reason to approve this project is the benefit to County families. He stated that Development Service Districts have to be established to accommodate growth and he does like seeing the County change; however, the alternative is to see these type of projects all over the County. He stated if another lane is necessary on Brewer's Neck Road, it can be built down the middle leaving a grass median and preserving the character. He stated that the reduction in the project has made traffic much more palatable. He stated if the County does not do something on its own behalf, it will be to blame for its economic troubles. He stated that because there is such a large number of affordable housing with Bridge Point Commons and St. Lukes Village, this project should not be required to build affordable housing. He stated that the County can not create Development Service Districts, encourage developers such as Messrs. Turner and Morgan to spend thousands and then decline their application. He requested the Board to approve the application. Albert Burckhart, Newport District, stated that his previous objection to this project was based on his perception that Benn's Grant was clustering the workforce housing units into a single confined area. He stated that Mr. Turner has advised him that that is not the case and he has been personally promised by Mr. Turner that not only will the proffered 17% of the 17 workforce housing be achieved, but also these units will be distributed reasonably and attractively throughout the development. He requested the Board to approve this rezoning. Sam Crash, Newport District, stated that the traffic is already a problem when crossing the James River Bridge and traveling through the intersection of Bartlett or Benn's Church during peak hours. He recommended that the project be approved. Fred Mitchell, Newport District, stated that the County needs jobs and development is what creates such jobs. He stated that rooftops do not pay taxes, businesses pay taxes. He recommended that a stop light be installed at Sugar Hill Road to assist with the existing traffic. He stated that the developers have responded to the citizens and scaled the project down and this is a project that the County can be proud of. He stated this project is special and it will give the County an opportunity to show other municipalities how it should be done. He stated in these economic times, the County can be a shining example to all of Hampton Roads on how development should work. He requested that the Board support the project for the working people in the County. Bill Hayes of Battery Park stated if the citizens of the County are going to be benefitted, he would rather see it done as a result of revenue from sales and not from tax increases. He stated this project will bring the County $22,000,000 in revenue over a 20 -year period and $5.5 million in proffers. He stated it is a good time with the downturn in the economy to approve such a project. Wen Winslow, Smithfield District, stated this is the best time with the economy in a downturn to build such a project. He stated that the County has an opportunity to move forward and reap the benefits for the working man. He urged the Board to approve the project. Linda King, Newport District, stated that the community of Chuckatuck looks about the same as when she was a young girl and it is not dying, but rather a lovely community. She stated that this Board previously decided that the County's rural atmosphere would be preserved. She stated that this project will cost the taxpayers more than they ever receive in return and it will change the County forever. She stated that the land in the County should be guarded carefully and that she did not agree with moving the Jordan home from its existing location. She stated that this is not leading - edge planning and the County does not have the protections in place to keep this project from becoming a disaster. She stated that mortgages of $2,400 per month are not affordable houses. She stated that the Board has complained about Route 17 in the past and she requested that the Board save Route 10. 18 Ryan Brown, Hardy District, spoke in opposition to the Benn's Grant development in its entirety. He stated that previous leaders were not capable of foreshadowing the long -term ramifications of their decisions and he requested that the Board learn from their mistakes. He spoke in opposition to a Walmart locating in the County and he requested that the Board deny the application. Richard L. Turner, applicant, stated that the proposed project is located in the area dedicated for growth and that the application under consideration tonight is a better project. Henry Morgan, applicant, thanked staff for their efforts. He clarified that no County money has been expended since he and Mr. Turner have been involved in this project. He stated if this application is not approved, no jobs will be created and there will be no increase in the tax revenue. He stated that the project is located in a Development Service District, which is designated for growth, so as to preserve the rural nature that exists in the remaining areas of the County. He stated that the applicants have complied with the Comprehensive Plan, as well as with the Road Map for Growth. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Bradshaw advised that the County is bound by the rules and regulations established by the State of Virginia through the Comprehensive Plan and Development Service Districts in accordance with property and vested rights. He stated that the Board could deny the application, but if the County were taken to court, it is highly unlikely that it would win the case. Interim County Attorney Burton advised that the Board would have to have a rational basis for denying an application under the four (4) reasons stated in the Constitution of Virginia. Supervisor Clark advised that traffic and road concerns are the only valid reasons expressed by the public for the Board to deny the application. Interim County Attorney Burton advised that traffic is an existing problem without the development and it is not the development that has created that situation. He advised that the applicant is willing to make changes to the intersection to bring it up to an acceptable level of VDOT standards, so the applicant is improving the situation and Benn's Grant will at least provide an improvement to the current situation by virtue of the improvements that the applicant is to provide in that area. He stated that a project being in violation of the Comprehensive Plan is another valid reason to deny a project, but a lack of public resources at the time is not a legitimate reason to deny a rezoning request. He stated it is the responsibility of government to provide those services. 19 Supervisor Casteen requested that Page 8, Proffer #6, be revised with regard to the workforce housing being up to 17% and approved by the Director of Planning and Zoning. Supervisor Clark moved that the application be approved with the proffers dated May 8, 2009, as amended (Proffer #6, Page 8, is changed to reflect "the applicant agrees up to 17% to be approved by the Director of Planning and Zoning" and Proffer #2, Page 18, is changed to reflect "voluntary cash proffers equal to $596 per 1,000 square feet of gross floor area." The motion was adopted by a vote of (4 -1) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. // Chairman Brown moved that the Board take a recess. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark 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, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Bradshaw moved that the Board extend its meeting past 11:00 p.m. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Brown moved that the letter from Sonja Ingram, APVA, dated May 21, 2009 addressed to Chairman Brown requesting that the Board consider a study that would fully consider all of the impacts the proposed development may have to the irreplaceable historic and scenic resources of the area be made a part of the record. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. // Chairman Brown called for a public hearing on the following: The application of Benns Church Properties, owner /applicant, for a Conditional Use Permit for a proposed Wal -Mart to allow construction 20 of a commercial retail facility with a building footprint greater than 80,000 square feet, which will include the following uses: drive - through pharmacy; garden center; and motor vehicle repair service /minor on approximately 21.2 acres of land on the west side of Benns Church Boulevard (Route 10/32) north of Muddy Cross Drive (Route 620) in the Windsor Election District. Mr. Smolnik presented the application. Supervisor Clark advised that Walmart has requested the Board to clarify that the Conditional Use Permit proposed for a superstore on the Benn's Grant site was previously presented under the original Conditional Use Permit application and accompanied the original rezoning request for the Benn's Grant development. He advised that Walmart had not been a signatory party to the original application, nor is Walmart a signatory to the current revised Conditional Use Permit application. He advised that the revised application is being presented by the property owners and there is no contractual arrangement by Walmart to locate at this site and no agreement at this time has been entered into by the owners and Walmart. He stated that Walmart does not currently have any plans for a store at that location and it is Walmart's understanding that the property owner plans to discuss the possibility of Walmart locating at this site in the future. Chairman Brown called for persons to speak in favor of or in opposition to the proposed application. Henry Morgan, applicant, advised that the previous approved application had a large box store shown on the diagram and the County's ordinances require that anything over 80,000 square feet require a Conditional Use Permit. He stated that he has carried on the earlier application noting a large box retail at that site, however, there is not a contract with Walmart. He stated that all of the studies are based on a large supercenter, which could be a Target or Costco, in which case he would be required to come back before the Board. He stated this would only place Walmart one (1) step ahead of another potential user. He confirmed that he does not have a contract at this time with Walmart although he does plan to make contact with Walmart. Robbie Younger, Hardy District, spoke against the application as a small business owner stating that small businesses can not compete against big -box stores. Delores Darden, Windsor District, spoke in opposition to a big -box store locating in the County. She stated that it would bring savings to individuals who shop there, but she did not believe that it would save $2,500 per individual per year. She stated that big -box stores take away from small businesses and it is small businesses that keep the country going forward. She stated that big -box stores are given all types of incentives to locate in an 21 area and when we look at the money that we think we will realize from big - box stores, she is not sure that the County would receive any personal property or real estate taxes for the first three (3) to five (5) years. She stated that the public has been lead to believe that the supercenter in question is a Walmart and, if the big -box store is not Walmart, then all drawings, renderings and elevations that the Planning Commission based their decision on were based on a Walmart. She stated that by using Walmart's renderings and elevations in the previous application, the County could be setting itself up for a lawsuit. She stated that using Walmart's renderings and elevations is simply a ploy by the applicant to get the property rezoned. She stated that when Walmart begins negotiations with the County, that is when this public hearing should be held. Fred Mitchell, Sugar Hill Road, stated that he did not care if it was Walmart or any other big -box retailer, needed jobs in the County will be created. He stated that construction of buildings represents jobs for County citizens. He stated that small businesses will remain in business if they have good service and offer a quality product. William Bell, Orbit, called attention to the empty big -box store across the street from the new Obici Hospital in Suffolk that has been empty for years and which remains an eyesore today. He stated that he is not comfortable with Walmart's corporate responsibility. He stated that this application will be setting a precedent for future applications for big -box stores. He stated that he really does not believe that Walmart will locate in the County because there is insufficient population here to support it. Thomas Finderson, Newport District, stated that a Walmart will bring $700,000 to $1 million annually in revenue to the County and $2,500 per family annually. He stated that it is not only the money that an individual can save in shopping at Walmart, but the decrease in prices that Walmart causes in the surrounding area. He stated that proposed employment is 351 individuals and that Walmart has a $4 prescription plan. He recalled that in the aftermath of Hurricane Katrina, Walmart made itself available for emergency services. He noted that having a Walmart in the area provides the County with new capabilities in the event of a disaster. He stated with respect to going dark, the design of the front of the building is such that it could be divided into four (4) or five (5) stores if needed. He stated that Walmarts pay an average of $11.17 in Virginia and the only businesses that would be lost in the County are possibly a RadioShack, pharmacy, supermarket and a Dollar Store. He urged the Board to support the application. Sam Cradshaw, Newport District, stated that there is sufficient population in the County to support a Walmart and the only time he has ever seen a Walmart close was to build a bigger store. 22 Ryan Brown, Hardy District, stated that despite the objections of the community, Walmart is attempting to build their store near the Wilderness Battlefield. He stated that he does not understand how an organization can do that with the knowledge and information that has been shared with them. He stated that everything he needs is in the Town of Smithfield and he wants it to remain that way. He stated that he is not in favor of a Walmart or big - box store and he is curious how having one (1) will improve the traffic situation at Route 10 and Brewer's Neck. Mr. Morgan clarified that there has been no incentive offered for anyone to locate in this project, nor will there be. He stated that he is also willing to pay a commercial proffer, the first in the County, for the right to develop in the County. He stated that the County's share of the local sales tax option is $.84 with the other $.16 coming back to the County's two (2) Towns based upon their population. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Clark commented that both small and big businesses are the backbone of America, as well as competition, free enterprise and capitalism and when government invokes the right to prefer one (1) business over another business that is socialism and it is not the government's job to get involved in that. Supervisor Bradshaw advised that the Board, because it was concerned with a potential big -box store locating in the County and possibly going dark, determined that the best way to control big -box stores was to limit the square footage. He stated if the square footage was exceeded, a Conditional Use Permit was necessary and, therefore, the Board could place conditions on an application to require certain things should that business go dark. He stated when a Walmart was proposed in the City of Franklin, the small businesses in downtown Franklin were opposed to it. He stated that a Walmart is now there and a Lowes has built next to it with two (2) family -run hardware stores further down, which are still in business today. He stated across from that Walmart is a Farm Fresh, a Dollar Store and Radio Shack, all of which are thriving. Supervisor Clark moved that the application be approved with the following conditions: 1. The site shall be developed in substantial conformance with the site layout shown on the exhibit titled: "WAL -MART SUPERCENTER #3832 -00" dated 7/03/07, revised as of 10/04/07 and prepared by Kimley -Horn and Associates, Inc. (the "Site Exhibit "), and as modified by such modifications as may be required to accommodate preliminary and final site plan approval. Any changes to 23 the exhibit referenced in this condition shall be reviewed and approved by the Development Review Committee. 2. The architectural style, colors (including specific paint color) and building materials of the retail facility shall be substantially compatible with the elevations titled: "WAL- MART PROPOSED SC #3832 FOR BENN'S GRANT, VA" dated 08/28/07, revised as of December 17, 2007 (the "Elevations ") and prepared by Perkowitz & Ruth Architects, and subject to such modifications as may be required to accommodate preliminary and final site plan approval. Any changes to the elevations referenced in this condition shall be reviewed and approved by the Historic Architectural Review Committee and the Development Review Committee. 3. Standing seam metal roofing material shall be utilized on the front facade of the building, as shown on the Elevations, subject to such modifications as may be required to accommodate preliminary and final site plan approval and to accommodate final approval by the Historic Architectural Review Committee and the Development Review Committee. 4. The bay doors on the Tire Lube Express area of the store shall utilize glass, as shown on the Elevations. 5. The front and right side elevations of the building shall utilize "Atlas Brick" and "Quick Brik" materials in locations substantially as shown on the Elevations, subject to such modifications as may be required to accommodate final approval by the Historic Architectural Review Committee. 6. In order to maximize pedestrian and landscaping features on the site, the parking ratio shall be no greater than 4.5 parking spaces per 1000 square feet of gross floor area within the retail facility. 7. The owner of the retail facility shall supply at a minimum two (2) bicycle parking racks which accommodate a minimum of five (5) bicycles each at locations determined during preliminary and final site plan approval. 8. Any dumpsters, exterior compactors, or bale and pallet storage areas shall be completely screened from ground level view with opaque screening materials that are 24 compatible with the architecture and materials of the retail facility on the site. 9. The signage and lighting plan for the site shall be approved as part of the preliminary and final site plan review by the Historic Architectural Review Committee and the Development Review Committee. 10. Shipping containers or other portable storage containers shall not be stored on the site. 11. With the exception of areas immediately appurtenant to the garden center facility specifically shown on the final site plan, merchandise for sale shall not be sold or stored on the exterior of the building, or in the parking areas. 12. In the event that the retail facility becomes vacant, the Owner of the facility shall initiate the following: a.) List the property for sale and /or lease with a commercial real estate broker licensed in Virginia within 30 days of such vacancy. b.) Utilize commercially reasonable methods to market the property for sale or lease. c.) Continue maintenance on the exterior of the building, including maintaining landscaping, exterior lighting, and the parking lot areas free from unnecessary debris and /or litter. The motion was adopted by a vote of (4 -1) with Supervisors Bradshaw, Brown, Clark and Wright voting in favor of the motion and Supervisor Casteen voting against the motion. Chairman Brown moved that the Board take a recess. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 25 Chairman Brown called for a public hearing on the following: Tax Exemption Request for Covenant Place, Inc. Interim County Attorney Burton certified that the matter has been properly advertised. Chairman Brown advised that he is a Trustee of that church and has been a part of that development, which offers low -rent for senior citizens and is a non - profit organization. Vice - Chairman Bradshaw called for persons to speak in favor of or in opposition to the request. No one appeared and spoke. Vice - Chairman Bradshaw closed the public hearing and called for comments from the Board. Supervisor Casteen moved that the request be postponed until the Board's June 11, 2009 meeting. The motion was adopted by a vote of (3 -0- 1) with Supervisors Bradshaw, Casteen and Wright voting in favor of the motion; Chairman Brown abstaining from discussion and voting on the matter; Supervisor Clark absent for the vote; and, no Supervisors voting against the motion. Chairman Brown called for a public hearing on the following: An Appropriation Ordinance Pertaining to the Budget of Isle of Wight County, Virginia for Fiscal Year July 1, 2009 through June 30, 2010 Interim County Attorney Burton certified that the Ordinance had been properly advertised. Chairman Brown called for persons to speak in favor of or in opposition to the request. No one appeared and spoke. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the Board adopt the following Ordinance: AN APPROPRIATION ORDINANCE PERTAINING TO THE BUDGET OF ISLE OF WIGHT COUNTY, VIRGINIA 26 FOR FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010 ADOPTED THE 21 DAY OF MAY, 2009 BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, to -wit: (a) By motion at its May 21, 2009 meeting, the Board approved a budget for fiscal year 2009 - 2010 in the sum of $104,151,405.00; (b) That lump sum appropriations are hereby made on an annual basis for fiscal year beginning July 1, 2009, through June 30, 2010, for separate items, categories, functions and purposes in the budget adopted by the Board of Supervisors on the 21st day of May, 2009, including the sum of $ 61,692,005.00 is hereby appropriated to the Isle of Wight County School Board. (c) That all proceeds received for the fiscal year beginning July 1, 2009 from the County general tax rate levies, from other Local revenue, from Federal and State funds and supplements and from all other funds and sources for general County functions and purposes, including public schools and public welfare, be credited to the General Revenue Fund of this County, and, when and if appropriated by the Board of Supervisors of this County, shall be used for such functions and purposes and to defray the charges and expenses of said County and all necessary charges incident to or arising from the execution of the lawful authorization of the Board of Supervisors of this County; (d) That the County Administrator is hereby authorized to make all expenditures in payment of all line items in the budget at any time during the fiscal year in any amounts so long as those amounts are not greater than the amounts available in the fund for such item or category and the County Administrator is hereby authorized to make line item transfers within categories and from category to category so long as the transfers of line items are within the budget and do not exceed the funds available for such purpose. (e) That all encumbered funds which are earmarked for specific projects, which are not expended during the current fiscal year, will be carried over as encumbered funds for said projects for the ensuing years unless the encumbrances are removed by action of the Board of Supervisors. (f) That the Treasurer of Isle of Wight County is hereby authorized and directed to transfer to the indicated appropriate "funds" in the aforesaid budget estimates from the General Revenue Fund, from time to time, as monies become available, sums equal to but not in excess of the appropriation herein made to such "funds ", for the functions and purposes therein indicated from the General Revenue Fund for the period covered by this appropriation ordinance. (g) That the Treasurer of Isle of Wight County is hereby authorized to honor and pay all warrants and to pay out funds from the various "funds" indicated in said Budget estimates for any contemplated expenditure for which funds have been made available and appropriated for such contemplated expenditures. 27 (h) That this Ordinance be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this Board, be furnished to the Treasurer of this County. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for a public hearing on the following: An Ordinance to Impose Tax Rates for Isle of Wight County, Virginia for Fiscal Year July 1, 2009 through June 30, 2010 Interim County Attorney Burton certified that the Ordinance had been properly advertised. Chairman Brown called for persons to speak in favor of or in opposition to the request. No one appeared and spoke. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the Board adopt the following Ordinance: AN ORDINANCE TO IMPOSE TAX RATES FOR ISLE OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR JULY 1, 2009 THROUGH JUNE 30, 2010 ADOPTED THIS 21 DAY OF MAY, 2009 BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the County of Isle of Wight, Virginia, to -wit: (1) That there is hereby levied for the fiscal year beginning July 1, 2009, a tax of $0.52 per one hundred dollars of assessed valuation on all taxable real estate, and all real and personal property of public service corporations in accordance with Section 58.1 -2606 of the Code of Virginia (1950, as amended); (2) That there is hereby levied for the fiscal year beginning July 1, 2009, a tax of $0.95 per one hundred dollars of assessed valuation on machinery and tools used in businesses as defined in Section 58.1 -3507 of the Code of Virginia (1950, as amended); (3) That there is hereby levied for the fiscal year beginning July 1, 2009, a tax of $1.00 per one hundred dollars of assessed valuation on boats, watercraft and aircraft as defined in Section 58.1 -3606 of the Code of Virginia (1950, as amended); 28 (4) That there is hereby levied for the fiscal year beginning July 1, 2009, a tax of $0.32 per one hundred dollars of assessed valuation on watercraft, including vessels and ships, weighing five (5) tons or more, excluding privately owned pleasure boats and watercraft for recreational purposes only; (5) That there is hereby levied for the fiscal year beginning July 1, 2009, a tax of $4.40 per one hundred dollars of assessed valuation on tangible personal property as defined and classified in Sections 58.1 -3500 through 3504 and Section 58.1 -3506 of the Code of Virginia (1950, as amended) except that all household goods and personal effects as defined and classified in Section 58.1 -3504 are exempt from said levy; and (6) That there is hereby levied for the fiscal year beginning July 1, 2009, a tax of one -half (1/2) of one percent (1%) of the gross receipts on telephone and telegraph companies, water companies, heat, light and power companies, except electric suppliers, gas utilities and gas suppliers as defined in Section 58.1 -400.2 of the Code of Virginia (1950, as amended) and pipeline distribution companies as defined in Section 58.1 -2600 of said Code, accruing from sales to the ultimate consumer in the County of Isle of Wight, Virginia, pursuant to Section 58.1 -3731 of the Code of Virginia (1950, as amended), however, in the case of telephone companies, charges for long distance telephone calls shall not be included in gross receipts for purposes of license taxation. BE IT FURTHER ORDAINED: That this Ordinance be entered in the Minutes of this Board of Supervisors and that a copy thereof by the Clerk of this Board, be furnished to the Treasurer of this County. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for a public hearing on the following: An Ordinance to Implement Personal Property Tax Relief in Isle of Wight County, Virginia for Calendar Year 2009 Interim County Attorney Burton certified that the matter has been properly advertised. Chairman Brown called for persons to speak in favor of or in opposition to the request. No one appeared and spoke. Chairman Brown closed the public hearing and called for comments from the Board. 29 Supervisor Bradshaw moved that the Board adopt the following Ordinance: AN ORDINANCE TO IMPLEMENT PERSONAL PROPERTY TAX RELIEF IN ISLE OF WIGHT COUNTY, VIRGINIA FOR CALENDAR YEAR 2009 BE IT, AND IT IS HEREBY ORDAINED, by the Board of Supervisors of the County of Isle of Wight, Virginia, to -wit: That, in accordance with the Personal Property Tax Relief Act, as adopted by the Virginia General Assembly, the car tax relief for Calendar Year 2009 shall be set at sixty-two percent (62 %) for vehicles over $1,000.00 in value on the first $20,000.00 in value and for vehicles valued at $1,000.00, or under, the percentage of relief shall be one hundred percent (100 %). The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for a public hearing on the following: Virginia Department of Transportation FY2010 -2015 Six -Year Improvement Plan Interim County Attorney Burton certified that the Plan has been properly advertised. Chairman Brown called for persons to speak in favor of or in opposition to the request. No one appeared and spoke. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the FY2010 -2015 Six -Year Plan be adopted. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for a public hearing on the following: An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 14. Sewers and Sewage Disposal 30 Interim County Attorney Burton certified that the Ordinance has been properly advertised. Chairman Brown called for persons to speak in favor of or in opposition to the request. No one appeared and spoke. Chairman Brown 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 AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 14. SEWERS AND SEWAGE DISPOSAL. WHEREAS, in order to update the current Isle of Wight County Code relative to the provision of sewer services to the citizens of Isle of Wight County the Isle of Wight County Board of Supervisors has request that staff and County consultants review and revise the current Isle of Wight County sewer ordinance to make any and all necessary changes therein; and WHEREAS, following such review, staff and the County consultants have proposed significant changes to the sewer ordinance in order to accurately reflect current costs and practices. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 14. Sewers and Sewage Disposal is hereby amended and reenacted as follows: CHAPTER 14. SEWERS AND SEWAGE DISPOSAL. Article I. In General. § 14 -1. Effective date. § 14 -2. Sanitary facilities -- Required. § 14 -3. Definitions. § 14 -4. Liability of county for furnishing services. § 14 -5. Unlawful to discharge, etc., wastes into system after water service discontinued. § 14 -6. Right of access of county. § 14 -7. Additional rules and regulations. § 14 -8. Effect of chapter on existing agreements. § 14 -8.1. Authority of director of public utilities to enter agreements. 31 § 14 -8.2. Penalty. § 14 -8.3. Alternative sewage disposal options. Article II. Annual, Sewer Rentals. § 14 -9. Imposed, when effective. § 14 -10. Amounts generally. § 14 -11. Nonresidential improved property to have measuring device. § 14 -12. Separate meters for certain nonresidential customers. § 14 -13. Calculation of charges where meter device not used. § 14 -14. Billings generally. § 14 -15. Installation of meters on unmetered improved property. § 14 -16. Charges for less than one billing period. § 14 -17. Establishment of different classifications and charges. § 14-18. Other charges. § 14 -19. Authority of county to enter into separate agreements. Article III. Connection Charges. § 14 -20. Charges generally. § 14 -21. Installment payments. § 14 -22. Reserved. Article IV. Required Use of Sewers and Responsibility of Property Owners. § 14 -23. Mandatory connection -- Generally. § 14 -24. Reserved. § 14 -25. Responsibility of owner or tenant. § 14 -26. Placing, etc., certain wastes in county prohibited. § 14 -27. Certain discharge prohibited. § 14 -28. Reserved. Article V. Applications for Service. § 14 -29. Who shall apply. § 14 -30. Plan to accompany application. Article VI. Building Service Connections. § 14 -31. Permits -- Required. § 14 -32. Same -- Applications. § 14 -33. Conditions to be fulfilled. § 14 -34. Building or dwelling unit to be connected separately. § 14 -35. Costs to be borne by owner. § 14 -36. Construction standards -- Generally. § 14 -37. Same -- Property served by own system. § 14 -38. Inspections required. § 14 -39. Maintenance of building sewer. § 14-40. Excavations to be barricaded; repair of streets, etc. Article VII. Reserved. § 14 -41. Reserved. 32 Article VIII. Deposits. § 14 -42. Authority of county to require. § 14 -43. To whom article applicable. § 14 -44. Refunds. Article IX. Collection of Fees, Charges, Etc. § 14 -45. Payment of connection charge. § 14 -46. Collection of unpaid sums. § 14 -47. Billing procedure -- Generally. § 14 -48. Same -- Billing of sewer charges, etc., with water bill. § 14 -49. Same - -Bills to be mailed to owner's address. § 14 -50. Same -- Disconnection notice and second billing notice; re- connections. § 14 -51. Unpaid charges, etc., to constitute lien. Article X. Vacant Premises, Changes in Occupancy, Etc. § 14 -52. Credit, refunds, etc., prior to notice to discontinue service. §14-53. Right of county to discontinue service until new application for service made. § 14 -54. Consumers vacating premises to notify county. § 14 -55. Credit not allowed for service resumed within ninety days. § 14 -56. Connection to demolished building to be sealed. Article XI. Sewer Line Extensions and System Improvements. § 14 -57. Extensions -- Residential areas. § 14 -58. Same -- Commercial and industrial property. § 14 -59. Same- -When required. § 14 -60. Same -- Collection main. § 14 -61. Same -- Determinations by director of public utilities. § 14 -62. Reserved. § 14 -63. Reserved. § 14 -64. Standards for construction; costs of improvements to be borne by developer. § 14 -65. Reserved. Article XII. Prohibited Wastes, Treatment and Use of Public Sewers. § 14 -66. Wastes to be discharged into system. § 14 -67. Stormwater, etc., not to be discharged into sanitary sewer. § 14 -68. Prohibited wastes enumerated. § 14 -69. Pretreatment facilities. § 14 -70. Reserved. § 14 -71. Special agreements with county. Article XIII. Admission of Industrial Wastes Into System and Surcharge Determinations. § 14 -72. Permits for certain industrial wastes -- Required. § 14 -73. Same -- Applications -- Generally. 33 § 14 -74. Same -- Same - -Form. § 14 -75. Survey analysis may be required. § 14 -76. Certain facilities may be required for pretreatment. § 14 -77. Plans, etc., for pretreatment facilities. Article XIV. Land Application of Biosolids. § 14 -78. Findings. § 14 -79. Purpose and intent. § 14 -80. Authority and severability. § 14 -81. Definitions. § 14 -82. Prohibited practices. § 14 -83. Notice and requirements for land application. § 14 -84. Public hearing. § 14 -85. Monitoring and sampling. § 14 -86. Complaint response. § 14 -87. Scheduling. § 14 -88. Storage. § 14 -89. Financial responsibility. § 14 -90. Reimbursement. § 14 -91. Effective date. § 14 -92. Enforcement. Article I. In General. Sec. 14 -1. Effective date. This chapter is effective as of July 1, 2009 and upon its adoption supersedes all previous chapters of like title and subject matter. (1- 16 -97.) Sec. 14 -2. Sanitary facilities -- Required. (a) No owner or persons shall construct, allow to be constructed, maintain, use or permit on any premises, an arrangement for the disposal of human excrement which may possibly endanger any source of drinking water, or which allows flies to have access to human excrement or which is unsafe, unhealthy or unsanitary. (b) Every dwelling unit shall be connected to the county sewer system or provided by the owner or owners thereof with approved sanitary facilities for the catchment and receiving of human excrement, which shall be built in accordance with the specifications of the state and county health department. (1- 16 -97.) Sec. 14 -3. Definitions. Unless the context specifically indicates otherwise, the meaning of 34 terms used in this chapter shall be as follows: BOD (biochemical oxygen demand)./ The quantity of oxygen, expressed in mg /1, utilized in the biochemical oxidation of organic matter under standard laboratory procedure for five days at twenty degrees centigrade. The standard laboratory procedure shall be that found in the latest edition of the "Standard Methods for the Examination of Water and Sewage," published by the American Public Health Association. Building/ or dwelling unit. (1) Any single- family residential structure; or (2) Any combination of structures owned by one person, or jointly by a number of persons as co- tenants, joint tenants or tenants -by- the- entireties and occupied as a residence or farm by a single - family; or (3) (5) Each separately owned, leased or occupied part of structures physically connected in a series, whether the series be vertical or horizontal, such as row houses, townhouses, duplex houses, twin houses, condominiums, row or stores or physically connected commercial or industrial structures, etc.; or (4) Each apartment in, or each separately leased or occupied part of or to be separately leased or occupied part of any multiple - occupancy structure; or Any single and separate structure owned by one person, or jointly by a number of persons as co- tenants, joint tenants or tenants -by- the- entireties and used by the owner or single lessee or occupant thereof, only for agricultural, commercial, governmental, or industrial purposes; or (6) Any other land or separate structure not classified herein is a building. The county reserves the right to determine the classification and use of any structure. Building drain./ That part of the lowest horizontal piping of a drainage system which receives sewer waste inside the walls of a building and conveys it to the building sewer. Building service/ or building sewer. The pipe for conveying waste from the building drain to the public sewer system or other place of disposal. Chlorine demand./ The quantity of chlorine absorbed in water, sewage or other liquids, allowing a residual of one tenth (0.1) ppm, after fifteen minutes of contact. 35 Color of an industrial waste./ The color of the light transmitted by the waste solution after removing the suspended material, including the pseudocolloidal particles. Consumer/ or customer. The person legally or equitably responsible for the payment of charges for sewer services rendered by the county. Development./ The improvement of zoned residential, commercial, industrial or public property in accordance with county land use, comprehensive and facilities planning. Dissolved solids./ The anhydrous residues of the dissolved constituents in water or wastewater. Domestic waste./ The normal water - carried household and toilet wastes from residences, business buildings, institutions and industrial establishments. Equivalent dwelling unit (EDU)./ The conversion, with respect to water consumption of multi- residential, commercial, industrial and institutional connectors into their residential equivalents on the basis of water use established for a living unit consisting of three and five - tenths (3.5) persons. Ground garbage./ Garbage that has been shredded to such a degree that all its particles will be carried freely under normal sewer flow conditions, with no particle greater than one -half inch in any dimension. HRSD./ H.R.S.D.: Acronym for Hampton Roads Sanitation District which is the regional agency that provides regional transmission and treatment facilities for wastewater. Improved property./ Any property within the county upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals, and from which sanitary sewage or industrial wastes shall be or may be discharged. Industrial establishment./ Any improved property used, in whole or in part, for manufacturing, processing, cleaning, laundering or assembling any product, commodity or article, or from which any process waste, as distinct from domestic waste, shall be discharged. Industrial wastes./ Any liquid or gaseous substance, whether or not solids are contained therein, discharge from any industrial establishment during the course of any industrial, manufacturing, trade, or business process, or in the course of the development, recovery, or processing of natural resources, as distinct from domestic waste. 36 New premises, building or dwelling unit./ Any premises, building or dwelling unit constructed on property abutting a county sewer line; provided, however, that such construction occurs after the installation of such sewer line. Manhole./ A shaft or chamber leading from the surface of the ground to a sewer, large enough to enable human access to the latter. Official connection notice./ A notice in letter form sent by certified mail, return receipt requested, from the county to the owner of premises, buildings or dwelling units abutting a county sewer line giving notice to the owner that the sewer line is available for connection thereto. Owner./ Any person vested with ownership, legal or equitable, sole or partial, of any property located in the county. pH./ The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution, indicating the degree of acidity or alkalinity of a substance. A stabilized "pH" will be considered as a "pH" which does not change beyond the specific limits when the waste is subjected to aeration. It shall be determined by one of the accepted methods described in the latest edition of "Standard Methods for Examination of Water and Sewage" published by the American Public Health Association. Plumbing Code./ The most current edition of the International Plumbing Code, published by the International Code Council Inc., as amended and referenced in the most current edition of the Virginia Statewide Building Code. Premises./ A building under one roof owned by one or more parties and occupied as one residence or business, or combination of buildings owned by one or more parties in one common enclosure and occupied by one family or business, or each division of a double or tenant house having a vertical partition or wall, or a building of more than one apartment and having one or more entrances, or a building having a number of apartments or offices or both and having one or more entrances. Sanitary sewer/ or main. Any pipe or conduit extending within public right -of -way parallel or nearly parallel to the line of property abutting thereon and usable for sewage collection purposes, and to which storm, surface and ground waters are not admitted. Service connection/ or lateral. That portion of the individual property service line wholly contained within public right -of -way. Sewage./ The water - carried wastes from residences, business buildings, institutions and industrial establishments. 37 Sewer system./ All facilities, as of any particular time, for collecting, pumping, treating or disposing of domestic waste or industrial wastes on public -owned property or right -of -way. Suspended solids./ Solids that either float on the surface of or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtration. Toxic substance./ Any noxious or deleterious substance in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, to constitute a hazard to humans or animals, to create a public nuisance, or to create any hazard in any sewer system. (1- 16 -97.) Sec. 14 -4. Liability of county for furnishing services. In applying for services, each owner and each customer expressly stipulates and agrees to the following, in consideration of the service furnished by the county: (a) The county shall not be liable to either the owner or the customer, and no claims shall be made by either against the county on account of damages from clogged or stopped mains, pipes or attachments to the county's facilities; (b) The county shall not be liable for any deficiency or failure in supplying sewer service occasioned by cessation of service to make repairs, any temporary restrictions in the use of sewer services during emergency periods, any restrictions or orders imposed by any government or governmental agency, or failure from any other cause. (1- 16 -97.) Sec. 14 -5. Unlawful to discharge, etc., wastes into system after water service discontinued. It shall be unlawful for any person whose water or sewer service has been discontinued, to discharge, empty or dump, or cause to be discharged, emptied or dumped, any domestic waste or industrial waste into the sewer system or sewage disposal works. Such conviction shall not relieve any such owner, lessee, or tenant from payment of the sewage disposal service charges imposed by the provisions of this chapter. (1- 16 -97.) Sec. 14 -6. Right of access of county. The county shall have the right of access at all times to any part of any improved property served by the sewerage system as shall be required for purposes of, but not limited to, inspection, observation, measurement, sampling and testing, and for performance of other functions relating to service rendered by the county through the sewerage system. (1- 16 -97.) 38 Sec. 14 -7. Additional rules and regulations. The county reserves the right to adopt, from time to time, such additional rules and regulations as it shall deem necessary and proper in connection with use and operation of the sewerage system, which rules and regulations shall become effective as though set forth herein. (1- 16 -97.) Sec. 14 -8. Effect of chapter on existing agreements. No provision herein contained shall be construed so as to provide either automatic extension of any existing agreements of the county, or the alteration or impairment of such existing agreements prior to their termination date. (1- 16 -97.) Sec. 14 -8.1. Penalty. Any person found to be in violation of any provision of this chapter for which no other penalty is provided shall be guilty of a Class 1 misdemeanor, punishable by either a fine of up to $2,500 or twelve (12) months in jail, or both . Each day of failure to comply with a requirement of this chapter shall constitute a separate offense. Any penalty provided for a violation of this chapter shall be separate and unrelated to any administrative action by the county for such violation. (1- 16 -97.) Sec. 14 -8.2. Alternative sewage disposal options. When the extension of the conventional sewer system is not currently planned and septic tank technology is not an economically viable option, the county may authorize the installation of temporary alternative sewage disposal options, provided that such options are deemed effective and are approved by all applicable regulatory agencies such as the Virginia Department of Health and the Isle of Wight County health department. Connection to county sewer facilities shall be required, should such facilities become available at any point in the future. (1- 16 -97.) Article II. Annual, Sewer Rentals. Sec. 14 -9. Imposed, when effective. Sewer rentals or charges are hereby imposed upon and shall be collected on a regularly scheduled basis from the owner or tenant of each improved property which shall be connected to the sewerage system for use of the sewerage system whether such use shall be direct or indirect, which sewer rentals or charges shall commence and shall be effective as of the date of application of each such improved property to the sewerage system. (1 -16- 39 97.) Sec. 14 -10. Amounts generally. Sewer use or rental charge shall be billed on the following cycles: (a) Single - family residences shall be billed bi- monthly. (b) Commercial units, including but not limited to hotels, motels, restaurants, apartment buildings and shopping centers, shall be billed monthly. (c) Industrial facilities shall be billed monthly. (d) Unusual Cases. For any sewer connection that is considered an unusual case by the county (i.e., not mentioned in subsections (a)- (c) of this section), the charge shall be determined by the county after considering the circumstances of said application. Any premises, building or dwelling unit connected directly to the HRSD system shall pay to the county a sewer use or rental change. Sec. 14 -11. Nonresidential improved property to have measuring device. All nonresidential improved property which is connected to the sewerage system may be required to install, maintain and operate water use measuring devices, approved by the county, on public and /or private water supply services. (1- 16 -97.) Sec. 14 -12. Separate meters for certain nonresidential customers. Nonresidential customers may meter that portion of their water usage that enters the sewerage system separately from that which is discharged or used in such a manner that it does not enter the sewerage system. Both meters shall be provided, maintained and operated by the water customer in a manner satisfactory to the county. There shall be no sewer use charge for water usage which is metered separately and does not enter the sewerage system. (1- 16 -97.) Sec. 14 -13. Calculation of charges where meter device not used. When in the judgment of the county it is impractical to utilize measuring devices as required by this chapter, sewer use charges shall be determined by such other method as consistent with current state or federal standards and approved by the county. (1- 16 -97.) Sec. 14 -14. Billings generally. No owner of improved properties shall be billed, as to each property, for less than one EDU. The minimum rental shall be applied to each billing period. (1- 16 -97.) Sec. 14 -15. Installation of meters on unmetered improved property. 40 Any owner of unmetered improved property may, with the written approval of the county, install an approved sealed meter or meters under the county's supervision, for the purpose of determining water usage or the amount of sewage discharged into the sewerage system. Upon the basis of readings from such meter or meters for a period of at least twelve months, the county may redetermine the number of EDU's for which such improved property shall be billed. (1- 16 -97.) Sec. 14 -16. Charges for less or more than one billing period. For service periods of less or more than one billing period, the sewer rental and the computation of the volume of water consumed or the volume of discharge to the sewerage system as applicable shall be proportionately adjusted. No credit refund or allowance shall be made for nonusers of service, once a sewer connection has been made to improvements upon all property. (1- 16 -97.) Sec. 14 -17. Establishment of different classifications and charges. Additional classifications and sewer rentals may be established by the county from time to time as deemed necessary. (1- 16 -97.) Sec. 14-18. Other charges. Any premises, building or dwelling unit connected to the county sewer system shall also pay the applicable HRSD treatment fees, which may from time to time be adjusted by the provider of the treatment service. (1- 16 -97.) Sec. 14 -19. Authority of county to enter into separate agreements. Nothing herein contained shall be deemed to prohibit the county from entering into separate agreements with owners where, due to seasonable fluctuations or other unusual circumstances, the sewer rental set forth herein shall be deemed by the county to be unfair or inequitable. (1- 16 -97.) Article III. Connection Charges. Sec. 14 -20. Charges generally. (a) Prior to the connection of any premises, building or dwelling unit to a county sewer system, the applicant shall pay connection and tap fees based on the size of water meter service as follows: CONNECTION FEES: CHARGES: Meter Size: 41 5/8" $4,000 1" $6,400 1 '''A" $9,200 2" $16,000 Master Meter: Multi- residential facilities (duplex, $3,200 apartment, etc.) Same rates as illustrated above for first unit PLUS A Fee Per Equivalent Dwelling Unit (EDU) Hotel, motel, hospital, etc. Same rates as illustrated above for first unit PLUS Number of units divided by 5 times a fee of: $3,200 Commercial, business, office, industrial, etc. Maximum total Same rates as illustrated above PLUS fee not to exceed $0.33 per gross square foot of floor area. $150,000 When the meter size of the connection exceeds the sizes set forth above, the applicant shall be required to pay a connection fee as determined by the county. (b) When application for service, including payment of fees, for existing single - family residential, commercial, industrial or institutional services is made within ninety days after receipt of official connection notice, the connection fees due will be reduced to one -half of the connection fee amounts set forth in the current rate schedule. (b) For a meter serving one or more units, the connection fee shall be charged for these types of buildings: Single- family, duplexes, houses, apartments, condominiums, mobile home parks, etc.; hotel, motel, travel trailer complex, hospital, nursing home, etc.; Commercial businesses, office, industrial, public buildings and all others. (e) Any premises, building or dwelling unit to be connected directly to the HRSD system, prior to sewer service becoming available, shall pay one -half of the applicable county connection fee prior to connection to the HRSD system. (f) Any premises, building or dwelling unit to be connected to the county sewer system shall pay in addition to the county connection fee, the applicable Hampton Roads Sanitation District or Smithfield or Franklin fee 42 which may from time to time be adjusted by these entities. (g) It is the intent of this section that connection and tap fees be paid on a per unit basis whether each unit is individually metered or a master meter is installed for more than one unit. (h) In those situations in which the premises, building or dwelling unit is served by either an unmetered water service provided by the county or by a privately owned water system, the sewer connection fee shall be based on the equivalent water meter size that would be required to serve such premises, building or dwelling unit. Such determination of equivalent meter size shall be made by the department of public utilities. (i) If the payment of a connection fee is required by the provisions of this article, then no building permit or other similar permit shall be issued by the county until the required connection fee is paid in full. (j) No connection fee shall be required when connection is to be made to an existing lateral previously used by another building when no work is required by the county to ready said lateral for connection. (1- 16 -97; 6- 17 -99; 6- 15 -00; 9- 20 -01; 2- 20 -03.) Sec. 14 -21. Installment payments. When the application for residential connection is made within ninety days of receipt of the official notice, the applicant may pay the connection and tap fees at a rate of twenty percent (minimum) down, paid at the time of making application and the remainder to be due and payable in equal bi- monthly payments over a two -year period, together with interest thereon at the rate of eight percent per annum. Application for installment payments shall only apply to residential connections and must be made during the initial ninety -day period. Installment payments due shall constitute a lien against the property. Surety shall be in a form acceptable to the county attorney. A contract for payment of the connection fee on an installment basis must be signed by both the property owner and the county. Failure of the property owner to pay the installment when due shall cause the imposition of a penalty of one and one -half percent per month and the county may, at its option, upon such failure declare the entire outstanding balance to be due and payable along with any expenses incurred by the county in the collection thereof. Failure on the part of the property owner to pay the installment when due shall also prejudice the property owner's right to finance any additional connection fees on an installment basis. Upon execution of the installment contract between the county and the property owner, the county shall cause the property owner to be billed on a periodic basis and provide for the collection thereof. Payment by the property owner must be no less than the amount billed but may be for the full amount outstanding. Partial payment for the minimum amount billed will not be accepted nor will partial payment for any outstanding balance be accepted. (1- 16 -97.) 43 Sec. 14 -22. Reserved. Article IV. Required Use of Sewers and Responsibility of Property Owners. Sec. 14 -23. Mandatory connection -- Generally. All new premises, building or dwelling units where sewer service is available shall connect to the County sewer system. Where service becomes available by virtue of extending the county system to serve other subdivisions or neighborhoods, connection to the County sewer system shall not be mandatory. All premises, buildings or dwelling units connected directly to the HRSD system may elect not to connect to the sewer system, however payment of all remaining balances of applicable fees and charges owed to the County shall be required. Sewer is deemed to be available to the property to be connected if service can be provided without unreasonable cost or unusual construction techniques. As an example, a sewer is not available to a property when it is within the right -of -way but in order for said property to be served, the extension will involve unusual construction techniques such as boring and casing, unusual traffic problems, etc. Availability of sewer may be declared by the Director of General Services based on costs to provide service, construction techniques or other unusual conditions. (1- 16 -97.) Sec. 14 -24. Reserved. Sec. 14 -25. Responsibility of owner or tenant. The owner or tenants of each improved property connected to the sewerage system shall be responsible for all acts insofar as such acts shall be governed by this chapter. (1- 16 -97.) Sec. 14 -26. Placing, etc., certain wastes in county prohibited. It shall be unlawful for any person with access to public sewerage collection facilities to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the county, any human excrement or other objectionable sewerage wastes. (1- 16 -97.) Sec. 14 -27. Certain discharge prohibited. It shall be unlawful to discharge to any natural outlet within the county any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter. (1- 16-97.) 44 Sec. 14 -28. Reserved. Article V. Applications for Service. Sec. 14 -29. Who shall apply. Any property owner desiring the introduction of a service connection from the main to the curb or property line shall first make written application on a form furnished by the county. (1- 16 -97.) Sec. 14 -30. Plan to accompany application. Each application shall be accompanied by a plan of the proposed service and payment of the required fees to the county. No work shall commence or service permitted until an approved application has been returned to the applicant by the county. (1- 16 -97.) Article VI. Building Service Connections. Sec. 14 -31. Permits -- Required. No person shall uncover, connect with, make any opening into, or use, alter, or disturb, in any manner, any sewer or any part of the sewer system without first obtaining a permit, in writing from the county. (1- 16 -97.) Sec. 14 -32. Same -- Applications. Application for a permit shall be made by the owner of the improved property served or to be served, or the owner's duly authorized agent who shall have proof of authority satisfactory to the county. (1- 16 -97.) Sec. 14 -33. Conditions to be fulfilled. No person shall make or cause to be made a connection of any improved property with the sewer system until such person shall have fulfilled each of the following conditions: (a) Such person shall have notified the Department of Inspections of the desire and intention to connect to the sewer system, and shall have otherwise satisfied any county requirements respecting such connection; (b) Such person shall have applied for, and obtained, a permit; (c) Such person shall have given the county and the Department of 45 Inspections of the county at least twenty -four hours' prior notice of the time when such connection will be made so that the county may supervise and inspect the work of connection and necessary testing; (c) Such person shall have furnished satisfactory evidence to the county that any connection fee, tap fee or special fee, charged and imposed by the county and others against the owner of each improved property who connects such improved property to a sewer, has been paid. (1- 16 -97.) (d) Prior to issuance of a final Certificate of Occupancy, an inspection and approval from the Department of General Services is required. Sec. 14 -34. Building or dwelling unit to be connected separately. Except as otherwise provided herein each structure containing four or less buildings or dwelling units shall have each such building or dwelling unit connected separately and independently with the sewer system through a building sewer connection. Grouping of more than one building or dwelling unit on one building sewer shall not be permitted, except under special circumstances and for good sanitary reasons or other good cause shown, but then only after special permission of the county, in writing, shall have been secured and subject to such rules, regulations, and conditions as may be prescribed by the county. Cost shall not be considered good reason for grouping. (1-16-97.) Sec. 14 -35. Costs to be borne by owner. All costs and expenses of construction of a building sewer, and all costs and expenses of connection of a building sewer to the sewer system, shall be borne by the owner of the improved property to be connected; and such owner shall indemnify and save harmless the county from all loss or damage that may be occasioned, directly or indirectly, as a result of construction of a building sewer or of connection of a building sewer to the sewer system. (1- 16 -97.) Sec. 14 -36. Construction standards -- Generally. A building sewer shall be connected to the sewer system in accordance with the Plumbing Code at the place designated by the county and where the lateral is provided. The invert of a building sewer at the point of connection shall be at a higher elevation than the invert of the lateral to which connection is to be made. A smooth, neat joint shall be made and the connection of a building sewer to the lateral shall be made secure and watertight. (1- 16 -97.) Sec. 14 -37. Same -- Property served by own system. Where an improved property, at the time connection to the sewer system is required, shall be served by its own sewage disposal system or 46 device, the existing sewer line shall be broken on the structure side of such sewage disposal system or device and attachment shall be made, with proper fittings, to continue such sewer line as a building sewer. (1- 16 -97.) Sec. 14-38. Inspections required. No building sewer shall be covered until it has been inspected and approved by the county's Department of Inspections If any part of a building sewer is covered before being so inspected and approved, it shall be uncovered for inspection at the cost and expense of the owner of the improved property to be connected to the sewer system. (1- 16 -97.) Sec. 14 -39. Maintenance of building sewer. Every building sewer of any improved property shall be maintained in a sanitary and safe operating condition by the owner of such improved property. (1- 16 -97.) Sec. 14 -40. Excavations to be barricaded; repair of streets, etc. Every sewer excavation for a building shall be guarded adequately with barricades and lights to protect all persons from damage and injury. Streets, sidewalks and other public property disturbed in the course of installation of a building sewer shall be restored, at the cost and expense of the owner or his duly authorized agent of the improved property being connected, in a manner satisfactory to the county. (1- 16 -97.) Article VII. Reserved. Sec. 14 -41. Reserved. Article VIII. Deposits. Sec. 14 -42. Authority of county to require. All sewer service customers shall pay a deposit prior to the initiation of sewer service, except those as exempted herein. The person desiring sewer service shall deposit with the county an amount equal to the average bill for that category of sewer customer for which sewer service is being requested, including utility taxes based thereon, for four months. The amount of said deposit shall be determined administratively, and adjusted from time to time, as necessary. (1- 16 -97.) Sec. 14 -43. To whom article applicable. 47 "Consumers whose credit has not been established" shall include any consumer who does not own in fee the premises to which sewerage service is supplied, any consumer whose credit standing has been impaired by reason of previous delinquent bills and such other classes of consumers as the county may from time to time determine. (1- 16 -97.) Sec. 14 -44. Refunds. (a) Any deposits paid by a sewer service customer and held by the county shall be returned, upon request, without interest, after said deposit has been held by the county for six (6) consecutive billing cycles or twelve (12) months, whichever is greater, provided said account has not been delinquent during this period. Should the account become delinquent at any time, the deposit shall be retained by the county until six (6) consecutive billing cycles have occurred without any delinquency in payment. Upon the satisfactory completion of the six (6) consecutive billing cycles, said deposits may be credited to the next bill, provided all outstanding charges and fees, if any, have been paid. Notwithstanding the provisions contained in this Section 14- 44(a), any deposit paid by a customer who requests termination of service, who is in good standing, shall be refunded such deposit within 30 days. (b) An undisputed bill within the meaning of subsection (a) of this section shall be any bill which the consumer, within fifteen days after mailing or delivery, shall not have protested in writing to the county. Where a bill shall have been protested, the payment of the proper amount due within ten days after notice to the consumer of the county's determination of such an amount shall be considered the payment of an undisputed bill within the meaning hereof. (1- 16 -97.) Article IX. Collection of Fees, Charges, Etc. Sec. 14 -45. Payment of connection and tap charges. The connection and tap fees imposed by Article III of this chapter shall be payable upon application for permit to make a connection. Sewer rental charges applicable to the property shall begin to accrue as of the date of connection. Sewer rental charges shall be as follows: BI- MONTHLY RATES: CHARGES: Residential $34.00 Commercial: (Flat fee per schedule or per 1,000 gallons, whichever is greater) $29.00 Hotels & Motels Restaurants $60.00 Shopping Centers $60.00 48 Industrial Facility $60.00 Per 1,000 gallon metered usage: 6,001 — 12,000 gallons Over 12,000 gallons (1- 16 -97.) Sec. 14 -46. Collection of unpaid sums. Sec. 14 -47. Billing procedure -- Generally. 49 $3.00 $4.20 In the event customer's account is placed for collection, customer shall be liable for, in addition to fees charged for termination of service, an administrative fee of $30.00, to cover the costs associated with the processing of collection accounts, and an additional fee in the amount of one -third of the outstanding balance for the costs of collection., including but not limited to collection agency fees, attorney fees and/or actual court costs . On a yearly basis, the Isle of Wight County Treasurer's Office shall prepare a list of accounts deemed to be uncollectible. Said list shall be reviewed and approved by the finance department and the county administrator. Upon approval of the county administrator these uncollectible funds shall be administratively written off in accordance with acceptable accounting methods. (1- 16 -97; 7- 17 -03.) The county shall cause the water or wastewater meter, where the sewer rent is based upon metered water or wastewater discharge, to be read on a regular basis and shall cause sewer rent bills to be mailed forthwith following each reading. In the event a meter reading cannot be obtained for a particular billing period, the sewer bill may be based upon estimated water usage or wastewater discharge, with an appropriate adjustment made upon subsequent meter readings. Sewer rent bills shall similarly be mailed on a periodic basis with respect to each property subject to the flat -rate sewer rent. The first sewer bill following connection to the sewer system may cover a period longer or shorter than the regular billing period (but not for a period longer than twelve months), and shall be prorated accordingly, if the county finds the same desirable in the administration of the billing procedure. (1- 16 -97; 7- 17-03.) Sec. 14 -48. Same -- Billing of sewer charges, etc., with water bill. The amount of any and all sewer charges imposed by the county shall be shown as separate items from water charges on water use billing statements and shall be applicable to all such statement of charges for water service rendered on or after the effective date of these regulations. Sewer payments required by this article shall be due and payable at the same time as the water bill. The county shall not accept payment for one service without payment for the other. Unmetered sewer connections shall be billed without water usage indicated. (1- 16 -97; 7- 17 -03.) Sec. 14 -49. Same- -Bills to be mailed to owner's address. Bills for sewer rent and other services as provided herein shall be mailed to the owner's, tenant's or other responsible party's address specified in the application for permit to make the connection and are due and payable on the date set forth therein. Late fees will be assessed commencing the next business day after the due date as indicated on the bill. Failure to receive a bill, as a result of incorrect address or otherwise, shall not excuse nonpayment of the bill or extend the time of payment. (1- 16 -97; 7- 17 -03.) Sec. 14 -50. Same — Disconnection notice and second billing notice; re- connections. Disconnection notices shall be mailed the day after the due date set forth on the bill and disconnection services will be scheduled by the Department of General Services. Such disconnection of service shall occur if payment, along with any applicable late fees, is not received within ten (10) days from the date of such disconnection notice. Upon payment of all utility charges, service re- connection will be made within twenty -four (24) hours of disconnection, between the hours of 8:30 a.m. and 4:00 p.m. of the next business day, except in emergency situations and/or severe weather conditions, which may delay such re- connection.. (1- 16 -97; 7- 17 -03.) Sec. 14 -51. Unpaid charges, etc., to constitute lien. Any unpaid sewer rent fees or other charges, together with penalties and interest thereon, may be collected in the manner provided by state law. In addition, the county may require that the water supply be shut off to any property with respect to which any sewer charges imposed hereby are delinquent until all such charges, together with interest, are paid. In the event such water supply is owned and operated by another party and is shut off by such party at the county's request, the consumer shall be charged a $70 penalty. (1- 16 -97; 7- 17 -03.) Article X. Vacant Premises, Changes in Occupancy, Etc. Sec. 14 -52. Credit, refunds, etc., prior to notice to discontinue service. No credit, refund or allowance shall be made for a nonuser of service prior to the date when notice is given to the county to discontinue service. The consumer or owner of record of the particular premises shall be liable to the county for minimum and excess charges until such notice is given. (1 -16- 97.) 50 Sec. 14 -53. Right of county to discontinue service until new application for service made. Upon receiving the completed county form for a change in occupancy of any premises, the county shall have the right to discontinue service until a new application has been made and approved and all charges paid to date. (1- 16 -97.) Sec. 14 -54. Consumers vacating premises to notify county. Consumers intending to leave the premises vacant for a substantial period of time should notify the county in writing, otherwise no credit shall be allowed. (1- 16 -97.) Sec. 14 -55. Credit not allowed for service resumed within ninety days. No credit shall be allowed a consumer on the minimum charges where the same consumer requests the service to be again continued within a period of less than ninety days. (1- 16 -97.) Sec. 14 -56. Connection to demolished building to be sealed. When any structure presently connected to the sewer is demolished, the connection from such building to the sewer shall be removed and plugged with an approved seal to prevent the entry of water into the sewer. Such watertight seal shall be inspected by the county prior to backfill. The county reserves the right to charge and command a fee for this inspection. (1- 16 -97.) Article XI. Sewer Line Extensions and System Improvements. Sec. 14 -57. Extensions The extension of sewer service to county residence not currently receiving such service shall be accomplished in accordance with the following general principles: (1) Extension shall be made in a manner so as to promote orderly growth, protect health and environment, serve requested extensions and promote the general public interest. (2) Property owners shall bear responsible for the cost of installing sewer extensions to and within their neighborhoods or other development type. (3) The county shall be responsible for the maintenance, operation and control of sewer facilities after dedication and acceptance by the county. 51 (b) Any property owner or neighborhood community desiring to have sewer service extended to their residence shall apply in writing to the Director of General Services. In the case of a neighborhood request, a minimum of 66.7 percent ( 2/3) of the homeowners in the requesting area are required before the request will be considered. The request(s) must be made by the legal title holder(s) for the property. (c) Extensions of sewer service to commercial and industrial property may be requested by a letter from the president, board chairman or principal of the corporation desiring service. (d) Applications shall contain information and plans in sufficient detail to enable the Director of General Services to determine the adequate size of facilities necessary for the proposed extension and anticipated future growth. (e) Approval for construction of a sewer extension project must be obtained from the Isle of Wight Board of Supervisors following recommendation for the project by the Director of General Services. (f) Upon approval of a sewer extension project, property owners will be required to sign documentation indicating a firm commitment to connect to sewer service when it become available and commitment to extension charges required for the project. (g) The county may extend sewer service at its own discretion in the following circumstances: (1) To Alleviate Health and/or Environmental Concerns: When the Isle of Wight County Health Department certifies that a health problem exists in a curtain area, the county may order the extension of sewer service to said area. The county may require assessments of property owners of said area under the same procedure set out in 14- 57(i). (2) To Serve Requested Projects: Upon receipt of a valid application for sewer extension, the county may order the extension of sewer service to the applying area. The county will evaluate application based on the following or similar criteria: • History of current sewer service failures • Size of the requesting area/neighborhood • Risks to public health and the environment • Availability of reasonable alternatives, and • Cost to provide sewer service The property(s) to be served will be assessed under the same procedure set out in 14- 57(i). (3) Greater Public Interest: The county Board of Supervisors may at its discretion or upon recommendation of the Director of General 52 Services, authorize the construction of sewer extensions where it deems said construction to be in the greater public interest and in the general public welfare. (h) Property owners in which sewer service is extended will be required to pay for the cost of extending this service, including design, permitting and construction related costs. The county, at its discretion, may share in the cost of providing such service, specifically if said extension is anticipated to service future development in the service area. (i) The extension charge to property owners shall be based on the total project costs, less county's share (if any), allocated to property owners based on property water meter size in accordance with the American Water Works Association (AWWA) standard meter equivalents. Meter Equivalent 5/8" 1.0 3/4" 1.5 1" 2.5 1 1/2" 5.0 2" 8.0 3" 16.0 4" 25.0 (j) Payments of extension charges are due before initiation of the sewer extension project. (k) The county may, at its discretion, finance extension charges for a period not to exceed 10 years. Interest charges associated with the financing shall correspond with the county debt used to complete the extension project. For property choosing to finance extension charges, a lien shall be placed upon the property until such time the extension charges are paid in full. (1) Upon transfer of title of any property with an outstanding balance associated with financed sewer extension charges, these charges shall be paid in full. (m) Extension charges represent a cost separate from county connection and tap fees. Connection and Tap On Fees are due from the connection property owner at the time of connection. Sec. 14 -58. Same -- Commercial and industrial property. Extensions of sewer service to existing commercial and industrial property, within development service districts and other designated areas, if not proposed as part of the county's current sewer construction program, may be requested of the county by a letter from the president, board chairman or principal of the corporation desiring such service. (1- 16 -97.) Sec. 14 -59. Same - -When required. New commercial and /or industrial construction or development, 53 manufactured home parks, multiple dwellings and all subdivisions of five lots or more, within development service districts and other specifically designated areas, shall be required to install sewer systems in the development, and to dedicate the systems to the county. The developer will be required, at the discretion of the county, to extend the county system, in accordance with the master plan to the proposed development, or to provide dry sewers and local onsite facilities (i.e. septic tanks, etc.), in compliance with all applicable regulations, for the development. An agreement between the county and the developer shall state the improvements required. Requirements of developers for development, not within development service districts and other specifically designated areas, regarding the provision of sewer facilities, will be established by, and at the discretion of, the county. (1- 16 -97; 6- 15 -00; 6- 21 -01.) Sec. 14 -60. Same -- Collection main. Property owners requesting or required to extend sewer service shall extend the collection main longitudinal to the front property line and to within five feet of the furthest extremity of such property. (1- 16 -97.) Sec. 14 -61. Same -- Determinations by Director of General Services. Petitions and corporate letters may be referred by the board of supervisors to the director of general services for determination of affected property owners or area and for feasibility review. The director of general services shall recommend a course of action to the board of supervisors based on review findings and recommendations. (1- 16 -97.) Sec. 14 -62. Reserved. Sec. 14 -63. Reserved. Sec. 14 -64. Standards for construction; costs of improvements to be borne by developer. Extensions of interceptors, trunk lines, collector mains and laterals, and construction of pumping stations necessary to provide gravity sewer service for a new development shall be installed by and at the total expense of the developer unless otherwise agreed to in advance by the county. Materials and methods of construction shall be in strict accordance with the county's construction specifications for sewer facilities; engineering submittals and design shall be reviewed and approved by the county. All charges for service rendered by the county, including full -time inspection and engineering review, shall be paid in full by the developer with no expense to the county, as provided in an agreement to be executed between the developer and the county. The completed system shall be conveyed to the county in proper legal form for ownership and, in the county's discretion, operation. (1- 16 -97.) 54 Sec. 14 -65. Reserved. Article XII. Prohibited Wastes, Treatment and Use of Public Sewers. Sec. 14 -66. Wastes to be discharged into system. All domestic wastes and authorized industrial wastes shall be discharged into the sewer system except those which are deemed harmful to the system and which are specifically prohibited or not required by this chapter, or are otherwise disallowed under state law. (1- 16 -97.) Sec. 14 -67. Stormwater, etc., not to be discharged into sanitary sewer. No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters into any sanitary sewer. Where existing surface water or roof drains are connected to the sewer system, they shall be removed within ninety days of receipt of a notice from the county to remove such connection. In the event such connection is not removed, the county shall cause such connection to be removed at the owner's expense. (1- 16 -97.) Sec. 14 -68. Prohibited wastes. No person shall discharge or cause to be discharged into any portion of the sewerage system, directly or indirectly, any wastes which may violate any law or governmental regulation or have an adverse or harmful effect on the sewerage system, maintenance personnel, wastewater treatment plant personnel, processes, or equipment, treatment plant effluent quality, sludge quality, public or private property, or which may otherwise endanger the public, the local environment or create a nuisance. Discharges of the following are prohibited: (a) Any gasoline, benzene, naphtha, solvent, fuel oil or any liquid, solid, or gas that may cause flammable or explosive conditions, including but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees centigrade using test methods specified in 40 CFR 261.21; (b) Any toxic or poisonous solids, liquids or gases in such quantities that, alone or in combination with other wastewater constituents, may interfere with the sewage treatment process or sludge disposal, cause acute worker health and safety problems, materially increase the cost of treatment, or constitute a hazard to any beneficial stream use, including recreation, ascribed to the receiving waters of the effluent from the sewage treatment plant; 55 (c) Any waste having a pH in violation of requirements as provided on 40 CFR Part 403 or having any detrimental characteristics that may cause injury or damage to persons or property; (d) Any solids or viscous substances that may cause obstruction to flow or be detrimental to sewerage system operations. These objectionable substances include, but are not limited to, asphalt, dead animals, offal, ashes, sand, mud, straw, industrial process shavings, metals, glass, rags, feathers, tar, plastics, wood, whole blood, paunch manure, bones, hair and fleshing, entrails, paper dishes, paper cups, milk containers, or other similar paper products, either whole or ground; (e) Any significant quantities of unpolluted water such as rainwater, stormwater, groundwater, street drainage, yard drainage, water from yard fountains, pond or lawn sprays; (f) Any water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limitations for any wastewater constituent; (g) Any petroleum or mineral based oils (non - saponifiable) and /or any animal or vegetable -based oils, fats, or greases which in excess concentrations would tend to cause interference, pass through, or adverse effects on the sewerage system, as determined by the owners of the sewer systems and treatment facilities; (h) Any wastes with excessively high BOD, COD, or decomposable organic content or any significant quantities of wastewater with a COD to BOD ratio exceeding six to one; (i) Any strongly odorous wastes or waste tending to create odors (j) Any waste containing dissolved sulfides in amounts which would be hazardous, cause damage to the sewerage system, or create a public nuisance; (k) Any substance promoting or causing the promotion of toxic gases; (1) Any wastes that will increase the temperature of the treatment plant influent to greater than 104(F) 40(C); (m) Any wastes requiring the introduction of an excessive quantity of chlorine or any other compound for sewage treatment purposes; (n) Any excessive amounts of deionized water, distilled water, steam condensate, heating and /or air conditioning condensate or cooling water, and 56 discharges from heat pumps; (o) Any waste producing excessive discoloration of wastewater or treatment plant influent; (p) Any waste containing substances that may precipitate, solidify, or become viscous at temperatures between 50(F) 10(C) and 100(F) 38(C); (q) Any significant quantities of solid waste material that is not ground sufficiently to pass through a three - eighths -inch screen; (r) Any excessive quantity of blown -down or bleed water from cooling towers or other evaporative coolers exceeding one -third of the makeup water; (s) Any significant quantities of single pass cooling water; (t) Any quantities of radioactive material wastes which are in violations of applicable local, state, and federal regulations; (u) Any significant quantities of inorganic material; (v) Any discharge of any pollutant release at a flow rate and/or pollutant concentration that would result in interference, cause adverse effects or pass through at the treatment plant; (w) Any discharge not in compliance with all standards as set forth in 40 CFR Chapter 1, Subchapter N, Parts 401 -471 (National Categorical Standards); (x) Any significant quantity of toxic organic (TO) which exceeds 2.13 mg/1, or in which any one toxic organic compound exceeds 1.0 mg/1, or in which the BTEX (Benzene, Toluene, Ethylbenzene and Xylene) concentration exceeds 1.0 mg/1; (y) Concentrations of any of the following constituents exceed the particular limitations set forth by HRSD, the city of Franklin, and the town of Smithfield: Arsenic Cadmium Chromium, total Copper Cyanide 57 Lead Mercury Nickel Phenolic compounds Silver Zinc Oil & grease (z) Any other wastes prohibited by the Hampton Roads Sanitation District, or the city of Franklin, and the town of Smithfield. (1- 16 -97.) Sec. 14 -69. Pretreatment facilities. Where necessary, all owners will install suitable pretreatment facilities in order to comply with section 14 -68. Plans, specifications, and any other pertinent information relating to proposed facilities for preliminary treatment and handling of wastes will be submitted for approval of the county and, to the extent necessary, any other authority, municipality, or governmental agency having jurisdiction. Such jurisdictional agencies shall determine or approve minimum design criteria. Construction of any such facility will not begin until approval is first obtained, in writing, from the county and such agencies. Whenever facilities for preliminary treatment and handling of wastes have been provided by any owner, these facilities shall be continuously maintained, at the expense of the owner, in satisfactory operating condition. The jurisdictional agencies will have access to such facilities at reasonable times for the purpose of inspection and testing. (1 -16- 97.) Sec. 14 -70. Reserved. Sec. 14 -71. Special agreements with county. Nothing contained in this article shall be construed to prohibit any special agreement or arrangement between the county and any person, whereby wastes of unusual strength or character may be admitted into the sewer system by the county, either before or after preliminary treatment; provided, that such special agreement or arrangement also is approved as necessary by any other authority, municipality, or governmental agency having jurisdiction. (1- 16 -97.) 58 Article XIII. Admission of Industrial Wastes into System and Surcharge Determinations. Sec. 14 -72. Permits for certain industrial wastes -- Required. The discharge into the sewer system of industrial wastes having any of the characteristics regulated by HRSD, the city of Franklin, and the town of Smithfield shall be subject to prior review and permit award by the county after approval by any other authority, municipality, or governmental agency having jurisdiction. (1- 16 -97.) Sec. 14-73. Same -- Applications -- Generally. Prior to discharging such waste into the sewer system, or prior to continuing the discharge of such waste into the sewer system, the owner of the property from which such discharge is proposed to be made shall apply to the county and any other agencies having jurisdiction, in writing, for a permit to make such a discharge. Such permit shall be reviewed annually, with resubmittal of current operating data. (1- 16 -97.) Sec. 14 -74. Same -- Same - -Form. Such application shall be made on industrial waste permit application forms furnished by the county and other agencies having jurisdiction. Such forms shall contain all pertinent data including, but not limited to, estimated or actual quantity of flow, character of waste, maximum rate of discharge and proposed pretreatment facilities, together with any plans, specifications, or other information considered pertinent in the judgment of the county. (1 -16- 97.) Sec. 14 -75. Survey analysis may be required. Where necessary, in the opinion of the county or any other authority, municipality, or governmental agency having jurisdiction, the property owner shall provide, at owner's expense, a survey analysis and report by a registered professional engineer acceptable to the county. (1- 16 -97.) Sec. 14 -76. Certain facilities may be required for pretreatment. Whenever necessary, in the opinion of the county or others having jurisdiction, the owner of an improved property shall provide, at owner's expense, such facilities for preliminary treatment and handling of industrial wastes as may be necessary to satisfy the requirements of the owner of the receiving wastewater treatment facility. (1- 16 -97.) Sec. 14 -77. Plans, etc., for pretreatment facilities. 59 Plans, specifications, and any other pertinent information relating to proposed facilities for preliminary treatment and handling of industrial wastes shall be submitted for approval to the county and others having jurisdiction, and no construction of any such facility shall be commenced until approval thereof first shall have been obtained, in writing, from the county, and until approval thereof first shall have been obtained from any governmental regulatory body having jurisdiction. (1- 16 -97.) Article XIV. Land Application of Biosolids. Sec. 14 -78. Findings. The Isle of Wight County board of supervisors finds that the improper spreading, placement, disposal or management of biosolids without appropriate regulation, notice and monitoring may result in adverse effects to the general health, safety and welfare of the citizens of Isle of Wight County and to agricultural lands, water supplies, wildlife, livestock, natural resources and the environment. (8- 8 -05.) Sec. 14 -79. Purpose and intent. This article is intended to ensure laws and regulations governing the land application of biosolids are properly implemented and enforced, and to secure and promote the health, safety and welfare of the county's citizens; to deter the creation of a public nuisance and to prevent pollution of the waters and soils of the county related to land application of biosolids. In carrying out this article, the county will test and monitor the application of biosolids to agricultural land within its boundaries as authorized by the Code of Virginia and applicable regulations. This authority is granted to local governments by Code of Virginia sections 62.1- 44.19:3 and 32.1 -164.5 et seq., to provide for the testing, monitoring and enforcement of land application of biosolids within the political boundaries of the county and to ensure compliance with applicable laws and regulations. This article is not intended to regulate the land application of animal wastes or manures or exceptional quality biosolids. (8- 8 -05.) Sec. 14 -80. Authority and severability. This article is adopted pursuant to the authority granted by the Code of Virginia, including but not limited to, sections 15.2 -1200 et seq., 15.2 -2200 et seq., 15.2 -2283 et seq., 62.1- 44.19:3 and 32.1 -164.2 et seq. In the event that any portion of this article is declared void for any reason, such decision shall not affect the remaining portions of the article, which shall remain in full force and effect, and for this purpose, the provisions of this article are hereby declared to be severable. (8- 8 -05.) 60 Sec. 14 -81. Definitions. The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Biosolids./ A sewage sludge that has received an established treatment for required pathogen control and is treated or managed to reduce vector attraction to a satisfactory level and contains acceptable levels of pollutants, such that it is acceptable for use for land application, marketing or distribution in accordance with state law and regulations. Biosolids monitor./ An employee or agent of Isle of Wight County charged with the responsibility of ensuring that the land application of biosolids is conducted in accordance with this article and applicable federal and state laws and regulations. The biosolids monitor shall be appointed by the Isle of Wight County board of supervisors on the recommendation of the county administrator. Exceptional quality biosolids./ Biosolids that have received an established level of treatment of pathogen control and vector attraction reduction and contain known levels of pollutants, such that they may be marketed or distributed for public use in accordance with state regulations. Land application./ The distribution of either treated wastewater of acceptable quality, referred to as effluent, or stabilized sewage sludge of acceptable quality, referred to as biosolids, upon, or inserted into, the land with a uniform application rate for the purpose of utilization, or assimilation. Land applier./ Someone who land applies biosolids pursuant to a valid permit issued by the Virginia Department of Health. Nutrient management plan./ A plan prepared by a person certified by the Commonwealth of Virginia as a nutrient management planner and otherwise meeting the requirements set forth by state law and regulation. Owner./ A person who holds legal title, equitable title, a leasehold interest or the right of possession or control over land. Permit./ An authorization granted by the Commonwealth of Virginia Department of Health to land apply biosolids. Permittee./ Any person who holds a permit authorizing the land application of biosolids. Sewage sludge./ Any solid, semisolid, or liquid residues, which contain materials, removed from municipal or domestic wastewater during treatment, including primary and secondary residues. Other residuals or solid wastes 61 consisting of materials collected and removed by sewage treatment, septage and portable toilet wastes are also included in this definition. (8- 8 -05.) Sec. 14 -82. Prohibited practices. (a) No person shall dispose of sewage sludge, including biosolids, on land located in Isle of Wight County except in accordance with federal and state law and regulations and this article. (b) No person shall apply biosolids on lands in Isle of Wight County until all of the procedural requirements set forth in this article, as well as those set forth in applicable federal and state laws and regulations, have been satisfied. No owner shall permit land application of biosolids in Isle of Wight County until all of the procedural requirements set forth in this article, as well as those set forth in applicable federal and state laws and regulations, have been satisfied. (c) No person shall apply and no owner shall permit the application of sewage sludge to land in Isle of Wight County other than biosolids that have been approved by the regulations of the Virginia Department of Health or Department of Environmental Quality. (d) No person shall apply biosolids to land in Isle of Wight County except pursuant to a valid permit issued by the Virginia Department of Health, in compliance with all applicable federal and state statutes and regulations, and in accordance with the provisions of this article. (8- 8 -05.) Sec. 14 -83. Notice and requirements for land application. (a) Land application of biosolids is authorized only in districts zoned to permit agricultural activity. (b) Any person proposing or intending to land apply biosolids to lands in Isle of Wight County shall notify the county biosolids monitor in writing at least one hundred days prior to any intended land application of biosolids, or as otherwise required by state law or regulation. Upon receipt of such notice, the biosolids monitor shall notify the Isle of Wight County board of supervisors. (c) The notice provided to the biosolids monitor shall include the following information: (1) The name, address and telephone number of the applicant; (2) The tax map numbers of the parcels where land application will occur; (3) The name, address and telephone number of the owner of the 62 property where the land application will occur; (4) The name, address and telephone number of all adjoining landowners; (5) The name, address and telephone number of the hauler of the biosolids; (6) The estimated date range on which land application will occur and the duration of the planned application; ( (8) Information on proposed haul routes and alternative haul routes on a county map; (9) A copy of the current state permit and any other state or federal permits authorizing the land application; A copy of the Nutrient Management Plan (NMP) and any water quality assessments as required by state law and regulation; (10) A certificate of insurance pursuant to section 14 -88 of this article. (d) The biosolids monitor will notify adjoining landowners in writing in advance of field operations by the permittee. Such notices shall be sent via first class mail to the last known address of each adjoining landowner according to county land records, and shall be sent upon receipt of any spreading schedule received from the permittee. Potential conflicts between operating schedules and adjoining landowner activities will be brought to the attention of the permittee in writing at least one week in advance of the scheduled activity so that the schedule for spreading biosolids can be adjusted to minimize potential nuisance. (e) The county shall review the documentation provided with the notice and shall notify the applicant in writing of any deficiencies in the submittal within twenty days of receipt. The applicant will have ten business days to correct and amend the deficiencies unless otherwise permitted by the county in writing. (f) At least fourteen days prior to the anticipated land application of biosolids to any site within Isle of Wight County, the permittee shall post a conspicuous sign, of a type approved by the biosolids monitor, which shall state the approximate date of the proposed application, the name and telephone number of the biosolids monitor or his designee, and the name and telephone number of a contact person for the permittee. (8- 8 -05.) Sec. 14 -84. Public hearing. (a) Upon receipt of notice from the Commonwealth of an application 63 to apply biosolids within the county, the Isle of Wight County board of supervisors may, at its next regularly scheduled meeting, set the matter down for public hearing. The biosolids monitor shall provide written notice adjoining landowners of the application for a biosolids land application permit. The biosolids monitor shall also provide written notice of the public hearing to the applicant and adjoining landowners. (b) After reviewing all the information required to be submitted pursuant to section 14 -83 of this article, along with any public comments received from Isle of Wight County citizens during public hearings pursuant to this section, if any, the county may provide the Virginia Department of Health, as provided by state law and regulation, and all other parties the county deems appropriate, with any comments concerning the proposed land application of biosolids. (8- 8 -05.) Sec. 14 -85. Monitoring and sampling. (a) By agreeing to accept biosolids for land application, the owner of the property on which land application takes place agrees to allow the biosolids monitor access to the land application site for the purpose of monitoring land application activities. It is the responsibility of the permittee to ensure that the property owner is advised of this requirement. The biosolids monitor shall make diligent efforts to make contact with the property owner prior to entering the property. (b) The permittee and owner shall allow the county to take samples at the application site before, during and after the application. Any test samples shall be analyzed at a lab qualified to conduct such analysis and the county health department may review these test results to determine compliance with applicable laws and regulations. At the request of the land applier, the biosolids monitor will provide the land applier with a split sample. (c) At the request of the biosolids monitor, the land applier or permittee shall provide the most recent analysis results for biosolids that are land applied at any site in the county. (8- 8 -05.) Sec. 14 -86. Complaint response. (a) The biosolids monitor shall immediately notify the Virginia Department of Health, the land applier or permittee and the owner of all complaints concerning the land application of biosolids. (b) The biosolids monitor shall immediately notify the owner and permittee of any failure to follow the requirements of the permit resulting in the improper application of biosolids or in the spillage of biosolids onto public streets or rights -of -way or on property outside the area authorized by the permit. 64 (c) The permittee shall immediately respond to undertake appropriate corrective action for improperly applied biosolids, or to clean up biosolids spilled onto public streets, roadways or other unpermitted areas, immediately upon receiving such notification. (d) In the event that the permittee does not respond to notification of spillage or improper application within thirty-six hours, and, if the county conducts the cleanup of spilled biosolids, the permittee shall compensate the county for the actual costs of such cleanup. (e) The permittee is responsible for ensuring that the tracking of biosolids from land application sites onto public roads is minimized and that biosolids that are dragged or tracked out from land application sites are promptly removed from unauthorized lands and public roads and highways. For purposes of this subsection, the tracking or dragging of spillage onto lands other than as shown in the permit, including highways, is deemed to be improper application. (8- 8 -05.) Sec. 14 -87. Scheduling. The permittee will, at the request of the biosolids monitor, make all reasonable efforts to schedule land application activities so as to avoid conflicts with school, community or social events in the vicinity of the land application site. (8- 8 -05.) Sec. 14 -88. Storage. Biosolids shall be land applied as they are received at the site unless land application is precluded by unforeseen weather conditions or other circumstances beyond the control of the permittee. Biosolids shall not be stored at any site in Isle of Wight County other than storage that is approved in accordance with the law and regulations of the Virginia Department of Health. (8- 8 -05.) Sec. 14 -89. Financial responsibility. (a) Prior to applying any biosolids on any site in Isle of Wight County, land appliers shall provide the biosolids monitor with evidence of liability insurance coverage or other evidence of financial responsibility in an amount sufficient to cover losses and claims arising from the land application, transportation or hauling of biosolids and related activities in the county as shall be determined by the Isle of Wight County board of supervisors in accordance with applicable federal and state laws and regulations. Such insurance or other form of financial responsibility shall be maintained in full force and effect throughout the time that the land applier is engaged in the land application of biosolids in the county and shall name Isle of Wight County as beneficiary or an additional insured. The permittee shall 65 provide the biosolids monitor with certificates of insurance and shall promptly notify the biosolids monitor of any proposed cancellation or modification of insurance coverage. (b) Prior to applying any biosolids on any owner's land, the land applier shall agree to indemnify the owner from any claims arising from the land application of biosolids for a period of not less than three years from the date of application. (8- 8 -05.) Sec. 14 -90. Reimbursement. The Isle of Wight County shall submit requests for reimbursement for the costs and expenses of testing and monitoring of land application and related activities as are allowed by applicable state law, regulations, manuals, guides and procedures. (8- 8 -05.) Sec. 14 -91. Effective date. This article is effective immediately. Any land application that is in progress on the date this article is adopted, and any land application that was scheduled before the effective date of the ordinance codified in this article, shall be deemed in compliance with this article provided that application is completed within thirty days after the effective date of the ordinance codified in this article. (8- 8 -05.) Sec. 14 -92. Enforcement. (a) Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating, causing or permitting the violation of any of the provisions of this article shall be guilty of a class 1 misdemeanor and upon conviction thereof, may be punished as provided in section 18.2 -11 of the Code of Virginia (1950), as amended. Each and every day during which any portion of any violation is committed, continued or permitted shall constitute a separate offense. (b) The biosolids monitor shall have the authority to order the abatement of any violation of state law or regulation. The abatement order shall identify the activity constituting the violation, specify the code provision or regulation violated by the activity and order cessation and correction of the violation. (c) The Isle of Wight County board of supervisors may bring suit to enjoin, restrain, correct or prevent any violation of this article. (8- 8 -05.) The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 66 WATER. Chairman Brown called for a public hearing on the following: An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Chapter 16.1. Water Interim County Attorney Burton certified that the Ordinance has been properly advertised. Chairman Brown called for persons to speak in favor of or in opposition to the request. No one appeared and spoke. Chairman Brown closed the public hearing and called for comments from the Board. Supervisor Bradshaw moved that the Board adopt the following Ordinance: CHAPTER 16.1. AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 16.1. WATER. WHEREAS, in order to update the current Isle of Wight County Code relative to the provision of water service to the citizens of Isle of Wight County, the Isle of Wight County Board of Supervisors has request that staff and County consultants review and revise the current Isle of Wight County water ordinance to make any and all necessary changes therein; and WHEREAS, following such review, staff and the County consultants have proposed significant changes to the water ordinance in order to accurately reflect current costs and practices. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors, Virginia, that Chapter 16.1. Water is hereby amended and reenacted as follows: Article I. In General. § 16.1 -1. Definitions. § 16.1 -2. Additional rules and regulations. § 16.1 -2.1. Authority of department of public utilities to enter contracts for water service; agreement. 67 Article II. Meters. Article III. Billings. § 16.1 -11. Generally. § 16.1 -12. Service disconnection. Division 1. Generally. § 16.1 -3. Number of meters permitted per premises. § 16.1 -4. Calculation of charges for premises served by more than one meter. § 16.1 -5. Separate taps required. § 16.1 -6. County to furnish, etc., meters. § 16.1 -7. Installation of meters; faulty meters; testing. Division 2. Rates. § 16.1 -8. Imposed; when effective. § 16.1 -9. Amounts -- Generally. § 16.1 -10. Same -- Unmetered customers. Article IV. Connections. § 16.1 -13. When required. § 16.1 -14. Who may make. § 16.1 -15. Charges generally. § 16.1 -16. Application for connection; county to determine size and location. § 16.1 -17. Conditions of service. § 16.1 -18. Liability of county. § 16.1 -19. Private connections to county system prohibited. § 16.1 -20. Contract required. § 16.1 -21. Service for contractors for construction purposes. § 16.1 -22. Penalties. Article V. Fire Protection. § 16.1 -23. Connections for fire protection other than public hydrants. § 16.1 -23.1. Installation of fire hydrants. § 16.1 -24. Prohibited use of hydrants. § 16.1 -25. Reserved. Article VI. Cross - Connection Control Program. § 16.1 -26. Restriction on interconnections with the county's utility systems; cross - connection control program. Article VII. Water Line Extensions and System Improvements Within Currently Defined Development Service Districts and Other Designated Areas. § 16.1 -27. Extensions -- Residential areas. § 16.1 -28. Same -- Commercial or industrial property. § 16.1 -29. Same -- Determinations by Department of Public Utilities. § 16.1 -30. Reserved. 68 § 16.1 -31. Same - -Duty of property owners. § 16.1 -32. Reserved. § 16.1 -33. Standards for construction; costs of improvements to be borne by developer. § 16.1 -34. Reserved. § 16.1 -35. Certain developments required to extend water service. Article VIII. Emergency Procedures During Water Shortages. § 16.1 -36. Purpose. § 16.1 -37. Procedures. § 16.1 -38. Written report required. § 16.1 -39. Penalties for noncompliance. § 16.1 -40. Notice of cessation of emergency. Article I. In General. Sec. 16.1 -1. Definitions. Unless the context specifically indicates otherwise, the meanings of terms used in this chapter shall be as follows: Building or dwelling unit./ (1) Any single - family residential structure; or (2) Any combination of structures owned by one person, or jointly by a number of persons as co- tenants, joint tenants or tenants -by- the - entities and occupied as a residence; or (3) Each separately owned, leased or occupied part of structures physically connected in a series, whether the series be vertical or horizontal, such as row houses, townhouses, duplex houses, twin houses, condominiums, row or stores or physically connected commercial or industrial structures, etc., or (4) Each apartment in, or each separately leased or occupied part of or to be separately leased or occupied part of any multiple occupancy structure; or (5) Any single and separate structure owned by one person or jointly by a number of persons as co- tenants, joint tenants or tenants -by -the entireties and used by the owner or single lessee or occupant thereof, only for agricultural, commercial, governmental or industrial purposes. The county reserves the right to determine itself the classification and use of any structure. 69 Consumer or customer./ The person legally or equitably responsible for the payment of charges for water services rendered by the county. Development./ The improvement of zoned residential, commercial, industrial or public property in accordance with county land use, comprehensive and facilities planning. Equivalent dwelling unit (EDU)./ The conversion, with respect to water consumption of multi - residential commercial, industrial and institutional connectors into their residential equivalents on the basis of water use established for a living unit consisting of three and five- tenths persons. Improved property./ Any property within the county upon which there is erected a structure intended for continuous or periodic habitation, occupancy or use by human beings or animals and from which sanitary sewage or industrial wastes shall be or may be discharged. New premises, building or dwelling unit./ Any premises, building or dwelling unit constructed on property abutting a county water main provided, however, that such construction occurs after the installation of such water main. Official connection notice./ A notice in letter form sent by certified mail, return receipt requested, from the county to the owner of premises, buildings or dwelling units abutting a county water main giving notice to the owner that the water main is available for connection thereto. Owner./ Any person vested with ownership, legal or equitable, sole or partial, of any property located in the county. Plumbing Code./ The most current edition of the International Code Council, Inc. International Plumbing Code as it constitutes a part of the Virginia Uniform Statewide Building Code. Premises./ A building under one roof owned by one or more parties and occupied as one residence or business, or a combination of buildings owned by one or more parties in one common enclosure and occupied by one family or business, or each division of a double or tenant house having a vertical partition or wall, or a building of more than one apartment and having one or more entrances, or a building having a number of apartments or offices or both and having one or more entrances. (11- 21 -96; 1- 16 -03.) Sec. 16.1 -2. Additional rules and regulations. The county reserves the right to adopt, from time to time, such additional rules and regulations as it shall deem necessary and proper in connection with use and operation and maintenance of the water system, which rules and regulations shall become effective as though set forth in this 70 chapter. (11- 21 -96.) Sec. 16.1 -21 Authority of department of public utilities to enter contracts for water service; agreement. (a) The Board of Supervisors or their designated representatives shall have authority to execute on behalf of the county any contracts for water service as herein provided: (b) The Board of Supervisors or their designated representative is hereby authorized to enter into agreements on behalf of the county where unusual or complex situations exist that are not covered in this chapter. (11- 21 -96.) Article II. Meters. Division 1. Generally. Sec. 16.1 -3. Number of meters permitted per premises. Only one meter shall be allowed for each premises and only one such premises can be supplied through one meter, unless, in the judgment of the county, multiple meters will afford better service. (11-21-96.) Sec. 16.1 -4. Calculation of charges for premises served by more than one meter. If any water consumer is supplied by more than one meter, each meter shall be considered as a separate service for meter rates for water. (11- 21 -96.) Sec. 16.1 -5. Separate meters required. Where more than one premises are supplied with water by means of a single meter, this condition shall be remedied promptly and each premises connected with a separate meter, tap and service pipe by the owner. (11 -21- 96.) Sec. 16.1 -6. County to furnish, install and maintain meters. At the owners expense, the county will furnish, install and maintain meters of the system. (11- 21 -96.) Sec. 16.1 -7. Installation of meters; faulty meters; testing. 71 All meters shall be approved, tested and sealed by the county before being available for service. After being installed no meter shall be removed or tampered with by any consumer or other person, and all meters shall be under the exclusive regulation of the county. In the event of a meter failing to register properly or being removed for testing or repairs, water bills will be rendered for an estimated amount based on the average consumption or the previous three periods when the meter was registering properly. In the event of a complaint, issued in writing, by a consumer as to the accuracy of a meter, it shall be removed and tested by the county. If it is found to be correct, the consumer shall pay the cost of removing, testing and replacing the same. If found incorrect, such cost shall be borne by the county. Such complaint shall not justify or be used as an excuse for delay in the payment of bills rendered for water supplied. In determining the accuracy of a meter two percent slow or fast shall be the maximum allowance for over or under registration. (11- 21 -96.) Division 2. Rates. Sec. 16.1 -8. Imposed; when effective. Meter rates for water passing through meters are hereby imposed upon and shall be collected on a regularly scheduled basis from the owner or tenant of each improved property connected to the water system. Such charges shall be effective as of the date of meter installation of each improved property. (11- 21 -96.) Sec. 16.1 -9. Amounts -- Generally. Meter rates shall be determined on the following basis: (a) Except as otherwise provided in this chapter, meter rates shall be based on the volume of water used as measured by meters installed and maintained by the county; (b) Meter rates for water passing through meters are hereby imposed upon and shall be collected on a regularly scheduled basis from the owner or tenant of each improved property connected to the county water systems. Such charges shall be as follows: Meter rates shall be in accordance with Table 16.1 -9 below. The county reserves the right from time to time to amend the rates in order to insure that the utility system remains self - sustaining. Table 16.1.9 BI- MONTHLY RATES: Meter Size: Up to and including 1/4" 72 CHARGES: $60.00 1" $84.00 1 'h" $95.00 2" $129.00 4" $129.00 Per 1,000 Gallon Metered Usage: 0 — 6,000 gallons (included in flat fee) 6,001 — 12,000 gallons Over 12,000 Master Meter: Same rates as illustrated above PLUS A Fee Per Equivalent Dwelling Unit (EDU) (11- 21 -96; 11- 20 -97; 2- 18 -99; 4- 25 -00; 1- 16 -03.) Sec. 16.1 -10. Same -- Unmetered customers. $3.75 $5.25 Article III. Billings. Sec. 16.1 -11. Generally. $30.00 Charges for water service for unmetered customers shall be collected on a regularly scheduled basis from the owner or tenant of each improved property connected to the county water system. Such charges shall be effective as of the date of initiation of service by the county and shall be in accordance with table 16.1 -9. (11- 21 -96.) (a) All accounts shall be billed on a cycle of not more than sixty days. Bills for water supplied, including charges for sewage disposal service and utility taxes based thereon, if any, are due and payable upon the date set forth therein. Late fees will be assessed commencing the next business day after the due date as indicated on the bill. Disconnection notices shall be mailed the day after the due date set forth on the bill and disconnection services will be scheduled by the Department of General Services. Such disconnection of service shall occur if payment, along with any applicable late fees, is not received within ten (10) days from the date of such disconnection notice. Upon payment of all utility charges, service re- connection will be made within twenty -four (24) hours of disconnection, between the hours of 8:30 a.m. and 4:00 p.m. of the next business day, except in emergency situations and/or severe weather conditions, which may delay such re- connection.. If payment is not received within the ten day period, the county shall apply any deposits currently being held to the outstanding balance due and discontinue water service until payment of all outstanding balances, disconnect fee and a new deposit are paid in full. 73 (b) Payment of such bills shall be made at any office or collection agencies or agencies established by the county for that purpose on the days and during the hours thereof such office or collection agencies are open for business. Payment of such bills at collection agencies and regulations and accounting procedures pertaining thereto shall be as prescribed by the county. (11- 21 -96; 1- 16 -03.) Sec. 16.1 -12. Service disconnection. (a) When water service to any premises has been disconnected by the county, for any reason, water service shall be reconnected only by an authorized representative of the county. If water service is disconnected for nonpayment of a county utility billing as provided in section 16.1.11, then a Seventy Dollar ($70.00) penalty shall apply for each disconnection in addition to the payment of the outstanding water bill by the customer to the county, and the water service customer shall pay a deposit, as specified in section 16.1 -17. If water service to any location is reconnected without express authorization by the county, in addition to any legal remedy which the county may pursue for such illegal reconnection, then an additional Seventy Dollar ($70.00) fee for a line inspection shall apply. The payment of said line inspection fee shall be in addition to any fine or settlement secured as a result of any such legal action. (b) Such fees and penalties shall not apply to any disconnections made for line maintenance or at the request of the customer. (11- 21 -96; 1 -16- 03.) Article IV. Connections. Sec. 16.1 -13. When required. All new premises, building or dwelling units where water service is available shall connect to such main. All other existing premises, buildings or dwelling units where water service is available shall connect to such main within one year of receipt of official connection notice, unless specifically otherwise provided for in this chapter. Where service becomes available by virtue of extending the county system to serve other subdivisions or neighborhoods, connection to such main shall not be mandatory. Water is deemed to be available to the property to be connected if service can be provided without unreasonable cost or unusual construction techniques. As an example, water is not available to a property when it is within the right -of- way but in order for said property to be served, the extension will involve unusual construction techniques such as boring and casing, unusual traffic problems, etc. Availability of water may be declared by the Director of General Services based on costs to provide service, construction techniques or other unusual conditions. (11- 21 -96.) 74 Sec. 16.1 -14. Who may make. (a) No person, except those properly authorized by the county shall tap or make any connection with the main or distributing pipes: (b) No person, except a licensed plumber or an employee of the county approved by the county for such purpose, shall be permitted to do any work in connection with the water service to any premises supplied by the county. (11- 21 -96.) Sec. 16.1 -15. Charges generally. (a) Prior to the connection of any premises, building or dwelling unit to a county water main, the applicant shall pay an installation/connection fee. Except as provided herein, the following connection and tap fees shall apply: CONNECTION FEES: CHARGES: Meter Size: 5/8" $4,000 1" $6,300 1 ''A" $9,900 2" $15,200 Master Meter: Multi- residential facilities (duplex, apartment, $4,000 etc.) Same rates as illustrated above for first unit PLUS A Fee Per Equivalent Dwelling Unit (EDU) Hotel, motel, hospital, etc. Same rates as illustrated above for first unit PLUS Number of units divided by 5 times a fee of: Commercial, industrial and institutional served by single meter: Meter Size: 5/8" $7,850 1" $12,600 1 '/" $24,000 2" $38,000 3" $68,000 4" $114,000 When the size of the connection exceeds the sizes set forth above, the 75 $3,200 applicant shall be required to pay an installation/connection fee as determined by the county. (b) For new developments in which the required water system and related appurtenances have been installed by the owner /developer and in which the ownership of the water system and related appurtenances has been conveyed to the county, up to and including two -inch, the owner /developer shall provide to the county the required number of water meters at the appropriate sizes and types specified by the county for future installation by the county. Such meters shall be delivered to a location designated by the county. For all such connections above two inches, the meter shall be installed by the developer, pursuant to county specifications. Upon completion of the installation, the developer shall notify the county for inspection and activation of the meter. (c) When application for service, including payment of connection or tap fees, for existing single - family residential services is made within ninety days after receipt of official connection notice, the connection fees due will be reduced to one -third of the amounts in subsection (a) of this section. (d) When the application for residential connection is made within ninety days of receipt of the official notice, the applicant may pay the connection and tap fees at a rate of twenty percent (minimum) down, paid at the time of making application and the remainder to be due and payable in equal bimonthly payments over a two -year period, together with interest thereon at the rate of eight percent per annum. Application for installment payments shall only apply to residential connections and must be made during the initial ninety-day period. Installment payments due shall constitute a lien against the property. Surety shall be in a form acceptable to the county attorney. A contract for payment of the connection fee on an installment basis must be signed by both the property owner and the county. Failure of the property owner to pay the installment when due shall cause the imposition of a penalty of one and one -half percent per month and the county may, at its option, upon such failure declare the entire outstanding balance to be due and payable along with any expenses incurred by the county in the collection thereof. Failure on the part of the property owner to pay the installment when due shall also prejudice the property owner's right to finance any additional connection fees on an installment basis. Upon execution of the installment contract between the county and the property owner, the county shall cause the property owner to be billed on a periodic basis and provide for the collection thereof. Payment by the property owner must be no less than the amount billed but may be for the full amount outstanding. Partial payment for the minimum amount billed will not be accepted nor will partial payment for any outstanding balance be accepted. (e) No connection or tap fee shall be required when connection is to be made to an existing service previously used by another building when no work is required by the county to ready said service for connection. 76 (11- 21 -96; 6- 17 -99; 4- 25 -00; 9- 20 -01; 6- 20 -02; 1- 16 -03.) Sec. 16.1 -16. Application for connection; county to determine size and location. Any person desiring to secure water service shall file a signed application therefore at the county on the prescribed form, stating the location and character of the premises for which service is desired. The county shall determine the proper meter size and location of each new connection and shall own and maintain all facilities installed in making the connection. (11- 21 -96.) Sec. 16.1 -17. Conditions of service. All customers of water shall be supplied upon the terms of and shall comply with the following before water is supplied to the premises: (a) The customer desiring water service shall sign a contract prepared for that purpose prior to receiving water service. A separate contract shall be required for each premise; (b) When a customer executes a contract for initial water service, or moves water service account from one location to another, a new account fee of thirty dollars shall be charged for establishing the new account and turning on the water at the new location, except as exempted herein; (c) All customers shall pay a deposit prior to the initiation of water service, except those as exempted herein. The customer desiring water service shall deposit with the county an amount equal to the average bill for that category of water customer for which water service is being requested, including charges for sewer service and utility taxes based thereon, if any, for four months. The amount of said deposit shall be determined administratively, and adjusted from time to time, as necessary; (d) The contract and deposit may be transferred by the county from the location for which it was initially requested to any other location to which the applicant may move, if within the utility service area of the county; (e) A customer may be exempted from the payment of deposit (Sec. 16.1 -17 c) or new account fee (Sec 16.1 -17 b) if the customer was on a private water system acquired by the county, and the acquisition included a deposit previously paid by the customer, which is transferred to the county with the acquisition of the water system. (f) Any deposits paid by a water service customer and held by the county shall be returned, upon request, without interest, after said deposit has been held by the county for six consecutive billing cycles provided said 77 account has not been delinquent during this period. Should the account become delinquent at any time during said six consecutive billing cycles the deposit shall be retained by the county until six consecutive billing cycles have occurred without any delinquency in payment. Upon the satisfactory completion of the six consecutive billing cycles said deposits may be credited to the next bill, provided all outstanding charges and fees, if any, have been paid for all County services. (g) In addition to fees charged for termination of service for nonpayment, the county may charge an additional administrative fee to cover cost associated with the collection of accounts. (h) On a yearly basis, the Isle of Wight County Treasurer's Office shall prepare a list of accounts deemed to be uncollectible. Said list shall be reviewed and approved by the finance department and the county administrator. Upon approval of the county administrator these uncollectible funds shall be administratively written off in accordance with acceptable accounting methods. (11- 21 -96; 7- 17 -03.) Sec. 16.1 -18. Liability of county. The county shall not be liable for any damage resulting from the bursting of any main, service pipe or cock from the shutting off of water for repairs, extensions or connection or from the accidental failure of the water supply from any cause whatsoever. In cases of emergency the county shall have the right to restrict the uses of water in any reasonable manner for the protection of the county and its water supply. (11- 21 -96.) Sec. 16.1 -19. Private connections to county system prohibited. No person shall interconnect a privately owned water system to the county's water system. (11-21-96.) Sec. 16.1 -20. Contract required. Whenever a service connection with a county water main is requested, the owner of the property to be connected with such water main, before such service connection is made, shall be required to sign a contract prepared for the purpose and kept in the office of the county. A separate contract shall be required for each premises. The connection and tap fees shall be paid in advance. (11- 21 -96.) Sec. 16.1 -21. Service for contractors for construction purposes. Customers using water service for building or construction purposes shall pay for same at the regular meter rates, and shall be held responsible for all water so used, as recorded by the meter, or otherwise ascertained, until such time as the contractor shall notify the county in writing, to cut off the 78 supply. (11- 21 -96.) Sec. 16.1 -22. Penalties. Any consumer who shall permit others, not members of his family, to use water from his pipe to avoid the payment of charges for water service and anyone who shall thus obtain water shall be guilty of a Class 1 misdemeanor. (11- 21 -96.) Article V. Fire Protection. Sec. 16.1 -23. Connections for fire protection other than public hydrants. When permitted by the county, connections for fire protection other than public fire hydrants shall be as follows: (a) There shall be no connection with any other service from county mains or with any other water supply. (b) The owner of the property to be protected shall sign a contract for fire protection service with the county. (c) For a supply of water for sprinkler system, where there is no opening through which water may be taken except through sprinkler heads, a horizontal swing check valve with bronze working parts, bypasses and meter and also a shutoff gate valve shall be installed between the curb and the building, all to be accessible for examination and repair. The check valve, bypass meter, connection with the county main and service pipe from the main to the check valve will be installed by the county, at a location determined by the county, and paid for in advance by the owner of the property to be protected. (d) There will be no charge for water used to extinguish a fire or for sprinkler heads, nor ready to serve charge for bypass meter. (e) For a supply of water for private fire hydrants or hose connections or both, with or without a sprinkler system, such connection shall be supplied through a fire protection meter to register all water used, the size of connection and type of meter to be determined by the county. (f) For fire protection meter, gate and check valves, connection with the county main to the meter will be installed by the county and paid for in advance by the owner of property to be protected. There shall be no ready -to- serve charge or minimum applied to meters used exclusively for fire protection services, nor any charge for water used through such meters to extinguish a fire. Water registered by such meters, not used to extinguish a 79 fire, will be paid for by schedule rates. (11- 21 -96.) Sec. 16.1 -23.1. Installation of fire hydrants. The county shall have authority to designate and approve the location or relocation of fire hydrants and the placement or replacement of water mains located upon public property and deemed necessary to provide an adequate fire flow and distribution pattern. In no area should hydrant spacing exceed eight hundred feet between hydrants. In close -built areas, five hundred feet between hydrants is required. Hydrants should be located as close to an intersection as possible, with intermediate hydrants along the street to meet the area requirements. For average conditions, hydrants should be placed approximately fifty feet from the buildings protected. A fire hydrant shall not be placed into or removed from service until approved by the county. (11- 21 -96.) Sec. 16.1 -24. Prohibited use of hydrants. Fire hydrants are provided for the sole purpose of extinguishing fire, and all persons except authorized personnel of the department of fire protection, county, department of public utilities or such persons as may be specially authorized by the county administrator are hereby prohibited from opening or using the same. Any person authorized to open fire hydrants shall use only an approved spanner wrench, and shall replace the caps on the outlets when not in use. (11- 21 -96.) Sec. 16.1 -25. Reserved. Article VI. Cross - Connection Control Program. Sec. 16.1 -26. Restriction on interconnections with the county's utility systems; cross - connection control program. (a) The water supply from the county's water system shall be distributed through pipes entirely independent of and disconnected from any other water supply; connections between piping furnishing the county's water and any unauthorized piping connected with any other source of supply are prohibited. (b) Duly authorized representatives of the county shall have free access at all reasonable hours to all parts of any premises to which county water supply may be extended in order to make the necessary inspections of pipes and fixtures. (c) There is hereby adopted and incorporated by reference the Isle of Wight County Manual of Cross - Connection Policies, and any amendments 80 presently or subsequently adopted, copies of which are on file and available for inspection in the county offices. Such policies shall apply to and control all cross - connections between public and independent potable water systems. (d) Duly authorized representatives of the county may cause inspections to be made of properties served by the water system where cross - connections with the water system is deemed possible. The frequency of inspections and reinspection, based on potential health hazards involved, shall be established by policies of the county. (e) Duly authorized representatives of the county shall have the right to enter, at any reasonable time, properties served by a connection to the water system for the purpose of inspecting the piping system or systems for cross - connections. Upon request, the owner or occupants of property served shall furnish to the county pertinent information regarding the piping system or systems on such property. The refusal of such information, or refusal of access, when requested, shall be deemed evidence of the presence of cross - connection. (f) The county may deny or discontinue the water service to a consumer if the required backflow prevention device is not installed. If it is found that the device(s) has been removed or bypassed, or if a cross - connection exists on the premises, or if the pressure in the water system is lowered below ten (10) psi gauge, the county shall take action to insure that the water system is adequately protected at all times. (g) The duly authorized representative of the county shall notify the owner, or authorized agent of the owner, of the building or premises in which there is found a violation of this article, apprising the owner of the facts of such violation. The duly authorized representative shall set a reasonable time for the owner to have the violation removed or corrected. Upon failure of the owner to have the violation corrected by the end of the specified time interval, the duly authorized representative may, if in their judgment a health hazard exists, cause the water service to the building or premises to be terminated. The county shall thereafter immediately afford the owner, occupant or agent the notice and opportunity to be heard. In all cases where the county shall terminate water service as provided under this subsection, the county shall act with dispatch in notifying the owner, occupant or agent and shall exercise the utmost diligence in scheduling a prompt hearing on the matter. Any owner or authorized agent of the owner responsible for the maintenance of the plumbing system in a building who knowingly permits a violation to remain uncorrected after the expiration of time set by the duly authorized representative of the county shall, upon conviction thereof by the court, be fined not more than one hundred dollars for each violation. Each day of failure to comply with the requirements of this article after the specified time shall constitute a separate violation. Water service to such premises shall not be restored until the deficiencies have been corrected or eliminated in accordance with the policy mentioned in subsection (c) of this 81 section to the satisfaction of the county. (h) The potable water made available on the properties served by the water system shall be protected from possible contamination or pollution by enforcement of this chapter and the plumbing code (as defined in Sec. 16.1- 1). (11- 21 -96.) Article VII. Water Line Extensions and System Improvements Within Currently Defined Development Service Districts and Other Designated Areas. Sec. 16.1 -27. Extensions (a) The extension of water service to county residence not currently receiving such service shall be accomplished in accordance with the following general principles: (4) Extension shall be made in a manner so as to promote orderly growth, protect health and environment, serve requested extensions and promote the general public interest. (5) Property owners shall be responsible for the cost of installing sewer extensions to and within their neighborhoods. (6) The county shall be responsible for the maintenance, operation and control of water facilities after dedication and acceptance by the county. (b) Any property owner or neighborhood community desiring to have water service extended to their residence shall apply in writing to the Director of General Services. In the case of a neighborhood request, a minimum of 66.7 percent ( 2/3) of the homeowners in the requesting area are required before the request will be considered. The request(s) must be made by the legal title holder(s) for the property. (c) Extensions of water service to commercial or industrial property may be requested by a letter from the president, board chairman or principal of the corporation desiring service. (d) Applications shall contain information and plans in sufficient detail to enable the Director of General Services to determine the adequate size of facilities necessary for the proposed extension and anticipated future growth. (e) Approval for construction of a water extension project must be obtained from the Isle of Wight Board of Supervisors following recommendation for the project by the Director of General Services. 82 (f) Upon approval of a water extension project, property owners will be required to sign documentation indicating a firm commitment to connect to water service when it become available and commitment to extension charges required for the project. (g) The county may extend water service at its own discretion in the following circumstances: (3) To Alleviate Health and/or Environmental Concerns: When the Isle of Wight County Health Department certifies that a health problem exists in a certain area, the county may order the extension of water service to said area. The county may require assessments of property owners of said area under the same procedure set out in 16.1- 27(i). (4) To Serve Requested Projects: Upon receipt of a valid application for sewer extension, the county may order the extension of water service to the applying area. The county will evaluate application based on the following or similar criteria: • History of current water service failures • Size of the requesting area/neighborhood • Risks to public health and the environment • Availability of reasonable alternatives, and • Cost to provide water service The property(s) to be served will be assessed under the same procedure set out in 16.1- 27(i). (3) Greater Public Interest: The county Board of Supervisors may at its discretion or upon recommendation of the Director of General Services, authorize the construction of water extensions where it deems said construction to be in the greater public interest and in the general public welfare. (h) Property owners in which water service is extended will be required to pay for the cost of extending this service, including design, permitting and construction related costs. The county, at its discretion, may share in the cost of providing such service, specifically if said extension is anticipated to service future development in the service area. (i) The extension charge to property owners shall be based on the total project costs, less county's share, allocated to property owners based on property water meter size in accordance with the American Water Works Association (AWWA) standard meter equivalents. Meter Equivalent 5/8" 1.0 3/4" 1.5 1" 2.5 1 1/2" 5.0 2" 8.0 3" 16.0 4" 25.0 83 (j) Payments of extension charges are due before initiation of the water extension project. (k) The county may, at its discretion, finance extension charges for a period not to exceed 10 years. Interest charges associated with the financing shall correspond with the county debt used to complete the extension project. For property choosing to finance extension charges, a lien shall be placed upon the property until such time the extension charges are paid in full. (1) Upon transfer of title of any property with an outstanding balance associated with financed water extension charges, these charges shall be paid in full. (m) Extension charges represent a cost separate from county Connection and Tap On fees. Connection and Tap On Fees are due from the connection property owner at the time of connection. Sec. 16.1 -28. Same -- Commercial or industrial property. Extensions of water service to existing commercial and industrial property if not proposed as part of the county's current water construction program, may be requested of the county by a letter from the president, board chairman or principal of the corporation desiring such service. (11- 21 -96.) Sec. 16.1 -29. Same -- Determinations by Department of General Services. Such petitions and corporate letters may be referred by the board of supervisors to the Department of General Services for determination of affected property owners or area and for feasibility review. The Department of General Services shall recommend a course of action to the board of supervisors based on review findings and recommendations. (11- 21 -96.) Sec. 16.1 -30. Reserved. Sec. 16.1 -31. Same - -Duty of property owners. Property owners requesting or required to extend water service shall extend the distribution main longitudinal to the appropriate property line and to within five feet of the furthest extremity of such property. (11- 21 -96.) Sec. 16.1 -32. Reserved. Sec. 16.1 -33. Standards for construction; costs of improvements to be borne by developer. Extensions of transmission mains and /or distribution mains and construction of wells, with adequate storage, and proper treatment necessary to provide public water service for a new development shall be installed by 84 and at the total expense of the developer unless otherwise agreed to in advance by the county. Materials and methods of construction shall be in strict accordance with the county's construction specifications for water facilities; engineering submittals and design shall be reviewed and approved by the county. All charges for service rendered by the county, including inspection and engineering review, shall be paid in full by the developer with no expense to the county, as provided in an agreement to be executed between the developer and the county. The completed system shall be conveyed to the county in proper legal form for ownership and, in the county's discretion, operation. A one -year .maintenance bond or letter of credit acceptable to the county attorney in such amount as determined by the county on all water distribution construction deeded to the county and a five - year maintenance bond or letter of credit acceptable to the county attorney in such amount as determined by the county on all water production facilities deeded to the county shall be provided by the developer to the county. (11- 21 -96.) Sec. 16.1 -34. Reserved. Sec. 16.1 -35. Certain developments required to extend water service. New commercial and/or industrial construction or development, manufactured home parks, multiple dwellings and all subdivisions of five lots or more, within development service districts and other specifically designated areas, shall be required to install water systems, and to dedicate the systems to the county. The developer shall be required, at the discretion of the county, to extend the county system, in accordance with the master plan to the proposed development, or to provide dry water mains and local onsite facilities (i.e., individual or community wells, etc.), in compliance with all applicable regulations, for the development. An agreement between the county and the developer shall state the improvements required. Requirements of developers of properties, not within development service districts and other specifically designated areas, regarding the provision of water facilities, will be established by, and at the discretion of, the county. (11-21-96; 4-25-00; 6 -21- 2001.) Article VIII. Emergency Procedures During Water Shortages. Sec. 16.1 -36. Purpose. During the continued existence of climatic, hydrological and other extraordinary conditions the protection of the health, safety and welfare of the residents of the County of Isle of Wight and the other customers served by the county water system may require that certain uses of water, nonessential to public health, safety and welfare, be reduced, restricted or curtailed; and as the shortage of potable water may become increasingly more 85 critical, conservation measures to further reduce consumption or curtail essential water use may be required. (11- 21 -96.) Sec. 16.1 -37. Procedures. (a) The board of supervisors finds that when there exists an immediate potential for a shortage of potable water in the County of Isle of Wight's water system that increasingly more restrictive conservation measures may be required to prevent a crucial water shortage. (b) The Director of General Services is hereby directed to implement conservation measures at such times by ordering the restricted use or absolute curtailment of the use of water for certain nonessential purposes for the duration of the water shortage in the manner hereinafter set out. In exercising his discretionary authority and making the determinations set forth herein, the Director of General Services shall give due consideration to water levels, available /usable storage on hand, draw down rates, the projected supply capability in water sources available to the system, system purification and pumping capacity, daily water consumption and consumption projections of the system's customers, prevailing and forecasted weather conditions, fire service requirements, pipeline conditions including breakage, stoppages and leaks, supplementary source data, estimates of minimum essential supplies to preserve public health and safety and such other data pertinent to the past, current and projected water demands. (c) The provisions of this article or regulations promulgated hereunder by the Director of General Services which are hereby authorized, shall not apply to any governmental activity, institution, business or industry which shall be declared by the Director of General Services, upon a proper showing, to be necessary for the public health, safety and welfare or the prevention of severe economic hardship or the substantial loss of employment. (d) Upon a determination by the Director of General Services of the existence of the following conditions, the Director of General Services shall take the following actions: (1) Condition 1. When moderate but limited supplies of water are available, the Director of General Services shall, through appropriate means, call upon the general population to employ prudent restraint in water usage, and to conserve water voluntarily by whatever methods available. (2) Condition 2. When very limited supplies of water are available, the Director of General Services shall order curtailment of less essential usage of water, including, but not limited to, one or more of the following: 86 (A) The watering of shrubbery, trees, lawns, grass, plants or any other vegetation, except indoor plantings, greenhouse or nursery stocks and except watering by commercial nurseries of freshly planted plants upon planting and once a week for five weeks following planting; (B) The washing of automobiles, tracks, trailers, boats, airplanes, or any other type of mobile equipment, excepting in facilities operating with a water recycling system approved by the Director of General Services provided, however, that any facility operating with a water recycling system shall permanently display in public view a notice approved by the Director of General Services stating that such recycling system is in operation. In lieu of the provisions hereof, the Department of General Services may curtail the hours of operation of commercial enterprises offering such services in washing their own equipment; (C) The washing of streets, driveways, parking lots, service station aprons, office buildings, exteriors of homes or apartments, or other outdoor surfaces; (D) The operation of any ornamental fountain or other structure requiring a similar use of water; (E) The filling of swimming and/or wading pools, or the refilling of swimming and /or wading pools which were drained after the effective date of the Director of General Services order; (F) The use of water from fire hydrants for any purpose other than fire suppression or other public emergency. Condition 3. When critically limited supplies of water are available, the Director of General Services shall institute mandatory reductions to each customer as follows: (A) Industrial, institutional, commercial, governmental, wholesale and all other nonresidential customers shall be allotted a percentage reduction based on their average monthly and /or previous bimonthly consumption; (B) Individual residential customers shall be limited to a specific volume or percentage reduction of water per quarter; (C) If the allotted monthly and/or bimonthly water usage is exceeded, the customer shall be charged Two Dollars 87 ($2.00) for every one hundred gallons of water consumed above the allotted volume. Where prior consumption data is not available, the Director of General Services shall estimate allocations based upon the data available from similar activities of equal intensity. (4) Condition 4. When only crucial supplies of water are available, the Director of General Services shall restrict the use of water to purposes which are absolutely essential to life, health and safety. (11- 21 -96.) Sec. 16.1 -38. Written report required. The determination of Conditions 2, 3 and 4 by the Director of General Services shall be accompanied by a written report which shall set out criteria utilized and data relied upon in making such determination including a narrative summary supporting the determination. Each report shall be promptly filed with the county clerk who shall make the same available for public inspection. The Director of General Services shall forthwith transmit a copy of each report to the Board of Supervisors. (11- 21 -96.) Sec. 16.1 -39. Penalties for noncompliance. (a) Any person who shall violate any provision of this article, or any of the conservation regulations promulgated by the Director of General Services pursuant thereto, shall, upon conviction thereof, in addition to additional charges and /or other actions set forth herein, be fined not more than five hundred dollars. Each act, or each day's continuation of a violation shall be considered a separate offense. (b) In addition to the foregoing, the Director of General Services may suspend water service to any person violating the provisions of this article or the regulations promulgated hereunder. If such water service is terminated, the person shall pay a reconnection fee of Seventy Dollars ($70.00) plus all outstanding fines and fees before service will be restored. In the event reconnection is requested after normal business hours, additional administrative fees may apply as determined by the Director of General Services. (11- 21 -96.) Sec. 16.1 -40. Notice of cessation of emergency. The Director of General Services shall notify the board of supervisors when the resource shortage is over and the emergency situation no longer exists. (11- 21 -96.) The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 88 /1 Supervisor Bradshaw moved that the Board return to the regular order of the agenda. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for the continuation of Citizens Comments. Supervisor Clark read a letter from Grace Keen, a resident of the Newport District, regarding the efforts of the Beautification Committee, which she serves as Chairperson. She advised that this year each kindergartener had been presented a Crape Myrtle Tree, the adopted tree of the County. She further advised that the Committee had voted to sponsor a Remembrance and Honor Program each year at the James River Bridge and that she had requested use of the County's property beyond the Memorial Gardens on the James River for parking and refreshments for that program. She advised that the Committee is concerned about the James River Bridge message signs which will provide advance notice of bridge lifts and incidents on the Bridge. She advised that Mr. Neblett advises that VDOT does not have the funds for the signage, although it was part of the original letter, of which you have a copy from the Federal Highway Administration. She inquired if the Board had any contacts that could assist with getting this project completed. She invited the Board to attend the annual fish fry for seniors sponsored by the Commission on Aging tomorrow at The Smithfield Center. Supervisor Clark moved that staff be instructed to take whatever measures are necessary to allow the Beautification Committee to use the property (Stoup Property) for parking and whatever uses they want to make with regard to the memorial ceremonies. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Otis Eanes, Vice President of Windsor Hunt Club, requested the renewal of the Windsor Hunt Club's contract for hunting rights on the Whitley, Eure and Griffin properties owned by the County. The following motion, which was unanimously adopted (5 -0), was amended later in the meeting by Supervisor Wright under Item (F) of the County Attorney's report: Supervisor Wright moved that a public hearing be set for June 11, 2009 to consider the renewal of the lease on the property that the Windsor Hunt Club has been hunting on in previous years. /1 89 Regarding the issue of consolidation of services between the County and the School Administration, the Board concurred that Chairman Brown be allowed to continue discussions with the School Board Chairman with respect to the consolidation of the Director of Budget and Finance, the Director of Information Technologies and the Director of Human Resources positions for each of the Boards and report back to the Board at its June 11, 2009 meeting. The Clerk was directed to coordinate mutually agreeable dates for the School Board to host a joint social meeting with the Board. /1 The Board publicly thanked Kari L. Sletten, Director of Information Technology, for an outstanding job during her tenure with the County. Chairman Brown called for any Board comments. Chairman Brown called for the County Attorney's report. Interim County Attorney Burton requested the Board's direction on which survey is to be utilized by staff in surveying the public relative to Charter Communications services. The Board agreed that the short Charter Customer Survey was the preferred survey. Interim County Attorney Burton presented a contract renewal with Timmons Groups for indefinite engineering services. Supervisor Bradshaw moved that the Chairman be authorized to execute the contract with the Timmons Groups on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a contract renewal with Malcolm Pirnie for the Board's consideration. Supervisor Bradshaw moved that the Chairman be authorized to execute the contract with Malcolm Pirnie on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 90 Interim County Attorney Burton presented a renewal contract for Resources International, LTD for the Board's consideration. Supervisor Bradshaw moved that the Chairman be authorized to execute the contract with Resources International, LTD on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton presented a contract for the installation of a paging system for the County Fairgrounds for the Board's consideration. Supervisor Bradshaw moved that the Chairman be authorized to execute the contract for the installation of a paging system for the County Fairgrounds on behalf of the Board. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney presented requests from the Windsor Hunt Club and Joe Stradley to hunt the Griffin, Eure and Whitley properties, which are owned by the County. Supervisor Wright moved that his earlier motion be amended to include the entire block of land that the Windsor Hunt Club has been hunting in past years, which includes the IP property, J.C. Griffin property, the Whitley property and the Eure property. Interim County Attorney Burton is to consolidate into one (1) public notice. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark 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 two (2) Deeds releasing the easement on Piney Grove Road. Supervisor Bradshaw moved that the County Attorney's office be authorized to advertise the County's release of its interest in the original easement granted to it for public hearing at the Board's June 11, 2009 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Interim County Attorney Burton advised that he had eight (8) matters to discuss with the Board later during the closed meeting. 1/ Chairman Brown called for the Emergency Services report. 91 Joseph Russell Chase, Director of Emergency Services, presented the Emergency Operations Plan (EOP) Pet Sheltering Plan for the Board's consideration. Supervisor Clark moved that the EOP Pet Sheltering Plan be approved. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 1/ Chairman Brown called for consideration of the following Consent Agenda: A. Contribution to Preservation Virginia (APVA) B. Isle of Wight County Health Department Request to Retain Funds Resolution to Grant Request to Retain Funds by the Isle of Wight County Health Department C. Appointment of Erosion and Sediment Control Administrator Resolution to Appoint an Erosion and Sediment Control Administrator D. County Policy Amendment Resolution to Amend the County Policy Manual Chapter 4, Articles I E. County Policy Amendment Resolution to Amend the County Policy Manual Chapter 5, Articles I F. Piney Grove Street Abandonment G. Monthly Financial Reports for County and Schools H. Planning Commission 2008 Annual Report I. April 16, 2009 Special Meeting Minutes Supervisor Clark moved that Items (A) and (B) be removed and that the remaining items on the Consent Agenda be approved. The motion was 92 adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Regarding Item (A), Contribution to Preservation Virginia (APVA), Supervisor Clark moved that the item be postponed until the Board's June 11, 2009 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Regarding Item (B), Isle of Wight County Health Department Request to Retain Funds/Resolution to Grant Request to Retain Funds by the Isle of Wight County Health Department, Supervisor Wright moved that the item be postponed and directed Mr. Robertson to invite Dr. McCoy to address the Board at its June 11, 2009 meeting regarding why the Health Department is in need of the funds. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that Harold Blythe's name be withdrawn from the citizen list for consideration of appointment to the SPSA Board of Directors. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for Appointments. Chairman Brown called for Old Business. Supervisor Bradshaw moved that Harold Blythe be appointed to serve on the Board of Assessors for the 2010 reassessment representing the Carrsville District. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown moved that Alvin Wilson be appointed to serve on the Board of Assessors for the 2010 reassessment representing the Hardy District. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Clark moved that Thomas Finderson be appointed to serve on the Board of Assessors for the 2010 reassessment representing the Newport District. The motion was adopted by a vote of (5 -0) with 93 Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Regarding the issue of the Nike Heritage Parks Master Plan, Supervisor Bradshaw moved that staffs request to defer the matter to the Board's June 11, 2009 meeting be approved. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Regarding the issue of Resolution to Appropriate Funds from the Unappropriated Fund Balance of the General Fund for Franklin Revenue Sharing Agreement, Supervisor Bradshaw moved that the Resolution be sent to the Finance Committee for additional review and consideration. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Chairman Brown called for New Business. Supervisor Bradshaw requested staff to investigate and report back if the County has the authority to begin charging a higher jail/court fee effective July 1, 2009. Interim County Attorney Burton requested a closed meeting pursuant to Section 2.2- 3711.A.1 of the Code of Virginia pertaining to a personnel matter pertaining to a specific public employee; under Section 2.2- 3711.A.3 pertaining to consultation with legal counsel requiring the provision of legal advice pertaining to the acquisition of real property in the Carrsville District; under Section 2.2- 3711.A.3 pertaining to consultation with legal counsel requiring the provision of legal advice pertaining to the acquisition of real property in the Smithfield District; under Section 2.2- 3711.A.7 pertaining to consultation with legal counsel requiring the provision of legal advice pertaining to ATC Panels; under Section 2.2- 3711.A.7 pertaining to consultation with legal counsel requiring the provision of legal advice pertaining to water issues in the Newport District; under Section 2.2- 3711.A.3 pertaining to consultation with legal counsel requiring the provision of legal advice pertaining to acquisition of property in the Hardy District; under Section 2.2- 3711.A.7 pertaining to consultation with legal counsel requiring the provision of legal advice pertaining to an agreement with the City of Franklin; and, under Section 2.2- 3711.A.7 pertaining to consultation with legal counsel requiring the provision of legal advice pertaining to the Southeastern Public Service Authority. 94 Supervisor Bradshaw moved that the Board enter the closed meeting for the reasons stated by Interim County Attorney Burton. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved to return to open session. The motion was adopted by a vote of (5 -0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bradshaw moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Bradshaw, Brown, Casteen, Clark and Wright NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 Supervisor Clark moved that the Treasurer be authorized to refund $26,466 to ATC Panels to which they will apply that to the personal property and water and sewer taxes owed to the County and authorize Interim County Attorney Burton to sign the letter. The motion was adopted by a vote of (5- 0) with Supervisors Bradshaw, Brown, Casteen, Clark and Wright voting in favor of the motion and no Supervisors voting against the motion. 95 /1 At 12:30 a.m., Supervisor Bradshaw moved that the Board adjourn its meeting. The motion was adopted by a vote of (5 -0) with Supervisors Brown, Bradshaw, Clark, Casteen and Wright: voting in favor of the motion, and no Supervisors voting against the motion. 51-m4/'1.> Carey Mi s Storm, Clerk 96 ames B. rown, Jr., Chairman