05-01-2014 Special Budget MeetingSPECIAL BUDGET MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIRST DAY OF MAY IN THE YEAR TWO THOUSAND AND
FOURTEEN IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE
PRESENT: Byron B. Bailey, Chairman
Rex W. Alphin, Vice -Chairman
Delores C. Darden
Rudolph Jefferson
Alan E. Casteen
Also Attending: Mark C. Popovich, County Attorney
Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
Chairman Bailey called the special meeting to order at 10:00 a.m.
Supervisor Casteen moved that the agenda be approved. The motion was
adopted by a vote of (S-0) with Supervisors Bailey, Alphin, Casteen, Darden and
Jefferson voting in favor of the motion and no Supervisors voting against the
motion.
11
An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending
and Reenacting Chapter 14A, Stormwater Management Ordinance
County Attorney Popovich confirmed proper advertisement of the proposed
Ordinance and public hearing in accordance with the Code of Virginia and it is
before the Board for consideration of adoption.
Supervisor Alphin moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 14A. STORMWATER MANAGEMENT.
WHEREAS, the Virginia General Assemby has enacted certain revisions to the
Stormwater Management Act, Section 62.1-44.15:24 et seq. of the Code of Virginia (1950, as
amended) that imposes new requirements upon Isle of Wight County; and
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, in order to
comply with those new requires has deemed it necessary to update its current ordinance in
accordance with the new statutory requirements enacted by the Virginia General Assembly;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors that Chapter 14A, Stormwater Management, of the Isle of Wight County Code be
amended and reenacted as follows:
STORMWATER MANAGEMENT
ISLE OF WIGHT COUNTY, VIRGINIA
Article i. - General Provisions.
Sec. 14A-1. - Statutory authority
Sec_ 14A-2. - Findings of fact.
Sec, 14A-3. - Purpose.
Sec. 14A-4. - Applicabllity
Sec. 14A-5. -_Compatibility with other permit and ordinance requirements.
Sec. 14A-6. - Severability.
Sec. 14A-7.-- Adoption of the Virginia Stormwater Management Handbook and the BMP Clearinghouse
Sec. 14A-1. - Statutory authority.
(a) Pursuant to Code § 62.144.15:27, Establishment of Virginia Stormwater Management Programs
(VSMPs), Isle of Wight County hereby establishes a Virginia Stormwater Management Program
for land -disturbing activities and adopts the applicable Regulations that specify standards and
specifications for VSMPs promulgated by the State Board for file purposes set forth in this
Chapter. In accordance with 9VAC25-870-148, the Board of Supervisors of Isle of Wight County
hereby designates the Director of General Services or an authorized designee as file Program
Administrator of the Isle of Wight County Stormwater Management Program
(b) The Isle of Wight County Board of Supervisors, as provided in Article IX of this chapter, shall set
appropriate levels of stormwater management utility fees so that adequate revenues will be
generated to provide for a balanced operating and capital improvement budget for operation and
maintenance of the County's stormwater system.
Sec. 14A-2. - Findings of fact.
The waters and waterways within lie county are, at times, subjected to flooding; that such ffoodrny is
a danger to the lives and property of the public; that such flooding is also a danger to the natural
resources of the county; that development tends to exasperate such flooding by increasing
stormwater runoff due to alteration of the hydrologic response of the watershed in changing from the
undeveloped to the developed condition; that such increased flooding produced by the development
of real property contribute% increased quantities of water -borne pollutants, and tends to increase
channel erosion; that such increased flooding. increased erosion, and increased pollution constitutes
deterioration of the water resources of the county; and that such increased flooding, increased
erosion and increased pollution can be controlled to some extent by the regulation of stormwater
runoff from such development. Therefore, it is determined that it is in the public interest to establish
requirements to regulate the discharge of stormwater runoff from such developments as provided in
this chapter.
Sec. 14A-3. - Purpose.
It is the purpose of this chapter to establish minimum stormwater management requirements and
controls to protect properties, safeguard the general health, safely, and welfare of the public residing
in watersheds within this jurisdiction, protect the quality of state waters from the potential harm
caused by land -disturbing activity, and to establish procedures whereby stormwater requirements
related to water quality and quantity shall be administered and enforced
In addition, amendments to the Federal Water Pollution Control Act, commonly known as the Clean
Water Act, in 1987 required the Environmental Protection Agency to establish National Pollutant
Discharge Elimination System (VPDES) permit regulations and the Virginia Department of
Environmental Quality to establish the Virginia Stormwater Management Program permit regulations
for Municipal Separate Storm Sewer Systems. These regulations require the County to adopt an
ordinance to prohibit illicit discharges into the storm sewer system. It is also the purpose of this
chapter to meet the requirements of prohibiting illicit discharges,
(a) This ordinance is adopted pursuant to Article 2.3(§ 62.1-44.15:27 et seq.) of Chapter 3.1 of Title
62.1 of the Code of Virginia.
(b) This chapter seeks to meet these purposes through the following objectives:
1. Require that land development and land conversion activities as nearly as practicable mimic
the pre -development runoff characteristics in order to reduce flooding, siltation, stream bank
erosion, and property damage;
2_ Establish minimum design criteria for the protection of properties and aquatic resources
downstream from land development and land conversion activities from damages due to
increases in volume, velocity, frequency, duration, and peak flow rate of stormwater runoff;
3_ Establish minimum design criteria for measures to minimize nonpoint source pollution from
stormwater runoff which would otherwise degrade water quality;
4_ Establish provisions for the long-term responsibility for and maintenance of stormwater
management control devices and other techniques specified to manage the quality and
quantity of runoff:
5. Establish procedures for the submission, review, approval, and disapproval of stormwater
plans, and the inspection of approved projects; and
6. Establish controls to reduce pollutants to the storm sewer system from illicit discharges to the
maximum extent practicable, as required by the County's Small Municipal Separate Storm
Sewer System (MS4) VPDES discharge permit.
Sec. 14A-4. - Applicability.
(a) All land development projects disturbing greater than or equal to one acre of land or two thousand
five hundred square feet within the Chesapeake Bay watershed, as well as all modifications to
existing stormwater systems and all illicit discharges, shall comply with. the requirements of this
chapter, except as provided for in § 62.1-44.15:34C of the Code of Virginia, also listed below. or
such exceptions as may be granted pursuant to Article IV of this chapter.
(b) Pursuant to § 62.1-44.15:34C of the Code of Virginia, the following activities are exempt from this
chapter.
1. Permitted surface or deep mining operations and projects. or oil and gas operations and
projects conducted under the provisions of Title 45'1;
2. Clearing of lands specifically for agricultural purposes and the management, tilling. planting
or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as
additionally set forth by the Board in regulations, including engineering operations as follows:
construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches,
strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land
irrigation; however, this exception shall not apply to harvesting of forest crops unless the area
on which harvesting occurs is reforested artificially or naturally in accordance with the
provisions of Chapter 11 (§10.1 — 1100 et seq.) or is converted to bona fide agricultural or
improved pasture use as described in subsection B of §10.1-1163;
3. Single-family residences separately built and disturbing less than one acre and not part of a
larger common plan of development or sale, including additions or modifications to existing
single-family detached residential structures. However, properties where land disturbance
exceeds 2,500 square feel that are subject to the Chesapeake Bay Preservation Act (§62.1-
44.15:67 et seq.) shall be subject to these regulations;
4. Land disturbing activities that disturb less than one acre of land area except for land
disturbing activity exceeding an area of 2,500 square feet in all areas of the jurisdictions
designated as subject to the Chesapeake Bay Preservation Area Designation and
Management Regulations (9VAC25-830) adopted pursuant to the Chesapeake Bay
Preservation Act (§62.1-44.15;67 et seq.) or activities that are part of a larger common plan
of development or sale that is one acre or greater of disturbance.
5. Discharges to a sanitary sewer or combined sewer system;
6. Activities under a state or federal reclamation program to return all abandoned properly to an
agricultural or open land use;
7. Routine maintenance that is performed to maintain the original line and grade, hydraulic
capacity. or original construction of the project. The paving of an existing road with a
compacted or impervious surface and reestablishment of existing associated ditches and
shoulders shall be deemed routine maintenance if performed in accordance with this
subsection;
8. Conducting land -disturbing activities in response to a public emergency where the related
work requires immediate authorization to avoid imminent endangerment to human health or
the environment. In such situations, the VSMP Authority shall be advised of the disturbance
within seven days of commencing the land -disturbing activity and compliance with the
administrative requirements of subsection A is required within 30 days of commencing the
land -disturbing activity.
(c) Stormwater management plans submitted shall be governed by the stormwater criteria found in
the latest edition of the Virginia Stormwater Management Handbook as well as other criteria
referenced therein. Final authorization of all projects will be determined after review by the Isle of
Wight County Stormwater Division.
Sec. 14A-5. - Compatibility with other permit and ordinance requirements.
Approvals issued pursuant to this chapter do not relieve the applicant of the responsibility to secure
required permits or approvals for activities regulated by any other applicable code, rule, act or
ordinance at the Local, Stale, or Federal level. If more stringent requirements concerning regulation
of stormwater are contained in the other code, rule, act or ordinance, the more stringent regulation
shall apply.
Sec. 14A-6. - Severability.
If the provisions of any arlicle, section, subsection, paragraph, subdivision or clause of this chapter
shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or
invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of thls
chapter,
Sec. 14A-7. - Adoption of the Virginia Stormwater Management Handbook & the BMP
Clearinghouse.
Isle of Wight County will utilize the policy, criteria and information, including specifications and
standards of the latest edition of the Virginia Stormwater Management Handbook (VSMH. Handbook)
and incorporated references therein, for the proper implementation of the requiremonts of this
chapter. The BMP Clearinghouse includes a list of acceptable stormwater management facilities, and
the specific design criteria for each stormwater facility. The Handbook and BMP Clearinghouse may
be updated and expanded from time to time, based on improvements in engineering, science,
monitoring and local maintenance experience. Stormwater management facilities designed and
constructed in accordance with these design and sizing criteria will be presumed to meet the
minimum water quality performance standards.
Article II. - Definitions.
Sec. 14A-8. - Definitions.
In addition to the definitions set forth in 9VAC25-870-10 of the Virginia Slormwater Management
Regulations, as amended, which are expressly adopted and incorporated herein by reference, the
following words and terms used in this Chapter have the following meanings unless otherwise specified
herein, Refer to the latest edition of the Virginia Stormwater Management Handbook for additional
definitions not contained in this chapter,
Administrator or Program Administrator\ for the purposes of this chapter means the VSMP Authority,
the Director of the Isle of Wight County General Services Department or authorized designee responsible
for administering the VSMP on behalf of Isle of Wight County.
Agreement in lieu of a stormwater management plan\ means a contract between the VSMP Authority
and the owner or permittee that specifies methods that shall be implemented to comply with the
requirements of a VSMP for the construction of a single-family residence; such contract may be executed
by the VSMP authority in lieu of a stormwater management plan.
Agricultural property\ means land used for the tilling, planting or harvesting of agricultural,
horticultural or forest crops or land used for raising livestock. For purposes of this ordinance, an
agricultural property containing impervious surface is considered a developed residential property.
Applicant\ means any person submitting an application for a permit or requesting issuance of a
permit under this Chapter.
Best Management Practice (BMP)\ means schedules of activities, prohibitions of practices, including
both structural and nonstructural practices, maintenance procedures, and other management practices to
prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land -
disturbing activities.
Chesapeake Bay Preservation Act (CEPA) land -disturbing activityl means a land -disturbing activity
including clearing, grading, or excavation that results in a land disturbance equal to or greater than 2,500
square feet and less than one awe in all areas of jurisdictions designated as subject to the Chesapeake
Bay Preservation Area Designation and Management Regulations (9VAC25-830) adopted pursuant to the
Chesapeake Bay Preservation Act, Code of Virginia, § 62.1-44.15.67, et seq.
Clean Water Act or CWA\ means the federal Clean Water Act (33 U.S.0 §1251 et seq.), formerly
referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act
Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public
Law 96-483, and Public Law 97-117, or any subsequent revisions thereto.
Common plan of development or salel means a contiguous area where separate and distinct
construction activities may be taking place at different times on difference schedules.
Control measurel means any best management practice or stormwater facility, or other method used
to minimize the discharge of pollutants to state waters.
Credits\ means a reduction in a nonresidential customer's stormwater user fee given for certain
qualifying activities that either reduce the impact of increased stormwater runoff or reduce the County's
costs of providing stormwater management.
Department\ means the Virginia Department of Environmental Quality.
Developed nonresidential property\ means developed property that does not serve a primary
purpose of providing permanent dwelling units. Such property shall include, but not be limited to,
commercial properties, industrial properties, parking lots, recreational and cultural facilities, hotels, offices,
hospitals, churches, manufactured home parks, apartment buildings, and other multifamily properties with
more than four (4) dwelling units.
Developed property\ means a real property that has been altered in whole or in part from its "natural"
state by the addition of any improvements such as buildings, structures, paving and/or other impervious
surfaces.
Developed residential property\ means a developed property containing at least one (1), but no more
than four (4), dwelling unit, accessory structure, or other improvement. Such properties shall include. but
not be limited to, those with single family houses, condominiums, duplexes, triplexes, quadruplexes,
townhouses and manufactured homes (that are not located in a manufactured home park). sheds,
garages, and other accessory structures_
Development\ means land disturbance and the resulting landform associated with the construction of
residential, commercial, industrial, institutional, recreation, transportation or utility facilities or structures or
the clearing of land for non-agricultural or non-silvicultural purposes.
Dwelling unit\ means a single housing unit, manufactured home, townhouse, or condominium
providing complete, independent living facilities for one (1) or more persons, including provisions for
living. sleeping, eating, cooking and sanitation. For purposes of this ordinance, apartment buildings and
manufactured homes located within a manufactured home park are considered developed nonresidential
properly.
Equivalent residential unit or ERU\ means the equivalent impervious area of a single-family
developed residential property per dwelling unit located within the County based on the statistical average
horizontal impervious area of a single-family residence in the County. The ERU is defined in the Uniform
Fee Schedule.
ERU rate\ means the fee charged for one (1) equivalent residential unit, as shall be set out in the Isle
of Wight Uniform Fee Schedule, as adopted by the Isle of Wight County Board of Supervisors, as it may
be amended.
General Permitl means the 1Slale Permit titled GENERAL_ VPDES PERMIT FOR DISCHARGES OF
STORMWATER FROM CONSTRUCTION ACTIVITIES found in part 9VAC25-884-1 et seq. of the
Slormwater Regulations authorizing a category of discharges undar the Clean Water Act and the Virginia
Slormwater Management Act within a geographical area of the Commonwealth of Virginia_
Land disturbance or land -disturbing activity\ means a man-made change to the land surface that
potentially changes its runoff characteristics including clearing, grading, or excavation except that the
term shall not include those exemptions specified in Section 62.1-44,15;34C of the Code of Virginia,
Layouti means a conceptual drawing sufficient to provide for the specified stormwater management
facilities required at the time of approval.
Manufactured home park\ means a lot or parcel on which are located, or which is arranged or
equipped for the accommodation of, two or more manufactured homes occupied for living purposes.
Minor modification) means an amendment to an existing General Permit before its expiration not
requiring extensive review and evaluation including, but not limited to, changes in EPA promulgated lest
protocols, increasing monitoring frequency requirements, changes in sampling locations, and changes to
compliance dates within the overall compliance schedules. A minor General Permit modification or
amendment does not substantially alter General Permit conditions. substantially increase or decrease the
amount of surface water impacts, increase the size of the operation_ or reduce the capacity of the facility
to protect human health or the environment.
Operatorl means the owner or operator of any facility or activity subject to regulation under this
Chapter.
Permittee\ means the person to whom the VSMP Authority Permit is issued.
Person\ means any individual, corporation, partnership, association, stale, municipality, commission,
or political subdivision of a stale, governmental body, including a federal, state, or local entity as
applicable, any interstate body or any other legal entity.
Private stormwater facilities\ means various stormwater and drainage works not under the control or
ownership of the County, state or federal government which may include inlets, conduits, pipes, pumping
stations, manholes, structures. channels, outlets. retention or detention basins, other structural
components and equipment designed to transport, move, treat or regulate stormwater-
Public stormwater facilities\ means various stormwater and drainage works under the control or
ownership of the County, state, or federal government which may include inlets, conduits, pipes, pumping
stations, manholes, structures, channels, outlets, retention or detention basins, other structural
components and equipment designed to transport, move, treat or regulate stormwater_
Regulations\ means the Virginia Slormwater Management Program (VSMP) Permit Regulations,
9VAC25-1374, as amended
Site\ means the land or water area where any facility or land -disturbing activity is physically located
or conducted, including adjacent land used or preserved in connection with the facility or land -disturbing
activity. Areas channelward of mean low water in tidal Virginia shall not be considered part of a site.
State\ means the Commonwealth of Virginia.
Slate Board\ means the Virginia State Water Control Board.
State Permit\ means an approval to conduct a land -disturbing activity issued by the State Board in
the form of a state stormwater individual permit or coverage issued under a state General Permit or an
approval issued by the State Board for stormwater discharges from an MS4. Under these state permits,
the Commonwealth imposes and enforces requirements pursuant to the federal Clean Water Act and
regulations, the Virginia Stormwater Management Act and the Regulations.
State Water Control Law\ means Chapter 3.1 (§62.1-44.2 et seq ) of Title 62.1 of the Code of
Virginia.
State waters\ means all waters on the surface and under the ground wholly or partially within or
bordering the Commonwealth or within its jurisdiction, including wetlands.
Stormwater\ means precipitation that is discharged across the land surface or through conveyances
to one or more waterways and that may include Stormwater runoff, snow melt runoff, and surface runoff
Stormwater management plan or plan, means a document(s) containing material for describing
methods for complying with the requirements of the VSMP or this chapter.
Stormwater management revenues or revenues\ mean all rates, fees, assessments, rentals, other
charges or other income received in connection with the management and operation of the system,
including amounts received from the investment or deposit of moneys in any fund or account and any
amounts contributed by the County, "fees -in -Lieu -of" provided by developers or individual residents, and
the proceeds from sale of utility bonds.
Stormwater management system or system\ means the stormwater management infrastructure and
equipment of the County and all improvements thereto for stormwater control in the County. Infrastructure
and equipment shall include structural and natural stormwater control facilities of all types, including,
without limitation, retention and detention basins, storm drainage pipes, conduits, pumping stations, and
other plants, structures, and real and personal property used for support of the system. The system does
not include privately owned farm ditches and other private drainage systems serving industrial,
commercial, homeowners association or other facilities serving privately owned property
Stormwater management utility, stormwater utility, or utility) means the enterprise fund created by
this Article to operate, maintain and improve the County's stormwater management system-
Stormwater Pollution Prevention Plan or SWPPP\ means a document that is prepared in accordance
with good engineering practices and that identifies potential sources of pollutants that may reasonably be
expected to affect the quality of stormwater discharges from the construction site, and otherwise meets
the requirements of this Chapter. In addition the document shall identify and require the implementation
of control measures, and shall include, but not be limited to the inclusion of, or the incorporation by
reference of, an approved erosion and sediment control plan, an approved stormwater management plan,
and a pollution prevention plan.
Subdivision\ means the same as defined in Appendix A Subdivisions Article 2 of the Isle of Wight
County Code.
Total maximum daily load or TMDLI means the sum of the individual wasteload allocations for point
sources, load allocations for nonpoint sources, natural background loading and a margin of safety.
TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure. The
TMDL process provides for point versus nonpoint source trade-offs.
Undeveloped property\ means any parcel which has not been altered from its natural state to disturb
or alter the topography or soils on the property in a manner which substantially reduces the rate of
infiltration of stormwater into the earth.
Utility fees\ means the user fees based upon the ERU rate applied to property owners of developed
residential property and developed nonresidential property, all a:i more fully described in this article. The
minimum utility fee is one (1) ERU multiplied by the ERU rale.
Virginia Stormwater Management Act or Actl means Article 2.3 (§ 62.144.15:24 et seq.) of Chapter
3.1 of Title 62.1 of the Code of Virginia.
Virginia Stormwater BMP Clearinghouse websitel means a website that contains detailed design
standards and specifications for control measures that may be used in Virginia to comply with the
requirements of the Virginia Stormwater Management Act and associated regulations.
Virginia Stormwater Management Program or VSMPI means a program approved by the State Board
after September 13, 2011, that has been established by a locality to manage the quality and quantity of
runoff resulting from land -disturbing activities and shall include such items as local ordinances, rules,
permit requirements, annual standards and specifications, policies and guidelines, technical materials,
and requirements for plan review, inspection, enforcement, where authorized in this article, and
evaluation consistent with the requirements of this article and associated regulations
Virginia Stormwater Management Program Authority or VSMP Authority\ means an authority
approved by the State Board after September 13, 2011, to operate a Virginia Stormwater Management
Program.
VSMP Authority Permit 1 means an approval to conduct a land -disturbing activity issued by the
Administrator for the initiation of a land -disturbing activity, in accordance with this Chapter, and which
may only be issued after evidence of General Permit coverage has been provided by the Department.
Article Ill. - Stormwater Management Program Permit Procedures and
Requirements.
Sec. 14A-9. - Permit required.
Sec 14A-10. - Permit application requirements and procedures.
Sec. 14A-11. — Permit Fees.
Sec_ 14A-12. — Stormwater pollution prevention plan required.
Sec. 14A-13. - Stormwater management plan contents
Sec. 14A-14. — Pall ution.prever_ttion plan contents.
Sec. 14A-15. — Review of stormwater management plan.
Sec., 14A-16. - Stormwater facility maintenance agreements.
14A-1 7- — P rf rmance and Surety bonds.
Sec, 14A-9. - Permit required.
(a) No person may engage in any land -disturbing activity until a VSMP Authority Permit, has been
issued in accordance with the provisions of this Chapter, unless otherwise exempt per Section
14A-4 of this chapter or exempt per Section 6 3 of the Isle of Wight County Erosion and
Sedimentation Control Ordinance (Chapter 6).
(b) Should a land disturbing activity associated with an approved plan in accordance with this chapter
not begin during the one hundred eighty -day period following approval or cease for more than
one hundred eighty (180) days, the Program Administrator or authorized designee may evaluate
the existing approved erosion and sediment control plan and stormwater management plan to
determine whether the plan still satisfies local program requirements and to verify that all design
factors are still valid. If the Administrator finds the previously filed plan to be inadequate, a
modified plan shall be submitted and approved prior to the resumption of land disturbing
activities.
(c) A Chesapeake Bay Preservation Act Land -Disturbing Activity shall be subject to an erosion and
sediment control plan consistent with the requirements of the Erosion and Sedimentation Control
Ordinance (Chapter 6), a stormwater management plan as outlined under Section 14A-13, the
technical criteria and administrative requirements for land -disturbing activities outlined in Article
V, and the requirements for long-term maintenance of control measures outlined under Article VII.
Any exception for a Chesapeake Say Preservation Act Land -Disturbing Activity shall be
requested in accordance with Section 14A-18 of this ordinance
Sec. 14A-10. - Permit application requirements and procedures
(a) Unless specifically excluded by this chapter. any landowner or operator desiring a VSMP
Authority permit for a land disturbing activity shall submit to the Isle of Wight County Stormwater
Division a permit application on a form provided by the Isle of Wight County Stormwater Division.
A person shall not conduct any land -disturbing activity until he has submitted a permit application
to the VSMP Authority that includes a state VSMP permit registration statement, if such statement
is required.
(b) A VSMP Authority permit shall be issued by the Administrator or an authorized designee, when
the following items have been submitted to and approved by the Administrator as prescribed
herein:
1. The VSMP Authority Permit Application shall include evidence of state VSMP permit
coverage,if such is required;
2. A Stormwater Pollution Prevention Plan (SWPPP) in accordance with 9VAC25-870-54 and
9VAC25-880-70:
i, An approved erosion and sediment control plan in accordance with the Isle of
Wight County Code of Ordinances. Chapter 6: Erosion and Sedimentation
Control, and
ii. An approved stormwater management plan or an executed agreement in lieu of a
stormwater plan in accordance with Section 14A-13 of this Chapter_
iii. An approved pollution prevention plan in accordance with Section 14A-14 of this
chapter_
iv_ Description of any additional control measures necessary to address a TMDL
Stormwater Management Maintenance plan. The design and planning of all stormwater
management facilities shalt include detailed maintenance procedures to ensure their
continued function. This plan should be prepared in accordance with Section 14A-16 of this
Chapter.
Maintenance agreement. The owner must execute a maintenance easement and a
maintenance agreement binding on all subsequent owners of land served by an on-site
stormwater management facility in accordance with the specifications in Section 14A-16 of
this chapter prior to issuance of any permits for land disturbing activities.
5, Other environmental permits. The applicant shall assure that all other applicable local, state,
and federal environmental permits have been acquired for the site prior to State Permit and
VSMP Authority permit issuance.
6. Engineering Services Agreement. The applicant/owner shall enter into an Engineering
Services Agreement with Isle of Wight County in a form acceptable to the Program
Administrator.
7. The fees required to be paid pursuant to Section 14A-11, are received, and a performance
bond has been submitted pursuant to Section 14A-17 of this Chapter and in accordance with
the Isle of Wight Code of Ordinances, Chapter 6: Erosion and Sedimentation Control, Article
III, Section 6-14.
8. The permit application and attendant materials and supporting documentation demonstrate
that all land clearing, construction, disturbance, land development and drainage are certified
to be done according to the approved plan.
0. For detached single family homes within or outside of a common plan of development or sale
a State VSMP permit registration statement is not required, however, such projects must
adhere to the requirements of the General Permit
(c) Applications for VSMP Authority permits shall be filed with the Isle of Wight County Stormwater
Division by appointment during regular business hours.
(d) After State Permit and VSMP Authority Permit coverage has been issued, the following conditions
apply:
1. The applicant shall comply with all applicable requirements of the approved plan and this
chapter and shall certify that all land clearing, construction, land development and drainage
will be done according to the approved plan;
2. The land development project shall be conducted only within the area specified in the
approved pian;
3. The Isle of Wight County Stormwater Division shall be allowed, after giving reasonable notice
to the owner, occupier or operator of the land development project, to conduct periodic
inspections of the project;
4. The person responsible for implementing the approved plan shall conduct monitoring and
submit reports as the Isle of Wight County Stormwater Division may require to ensure
compliance with the approved plan and to determine whether the plan provides effective
stormwater management;
5. No changes may be made to an approved plan without review and written approval by the
Isle of Wight County Stormwater Division; and,
6. A certified inspection of all aspects of the stormwater management facility, including surface
as -built surveys, and geotechnical inspections during subsurface or backfilling and
compaction activities shall be required.
(e) No zoning, building or other local permit shall be issued prior to a State Permit being issued, if
such is required.
Sec. 14A-11. - Permit fees.
(a) Pursuant to Code of Virginia, § 62.1-44.15:28 and 9VAC25-870-820_ Applicants shall submit to
the Isle of Wight County Stormwater Division, a nonrefundable fifty percent (50%) of the total fee
due with the submittal of the storm water management plan with the remainder due prior to
issuance of the State Permit and/or the VSMP Authority Permit.
(b) Pursuant to 9VAC25-870-825, Applicants shall submit to the Isle of Wight County Stormwater
Division fees associated with the modification or transfer of the Construction General Permit.
(c) Pursuant to 9VAC25-870-830, Applicants shall submit to the Isle of Wight County Stormwater
Division yearly maintenance fees associated the Construction General Permit,
(d) Pursuant to 9VAC25-870-770, Incomplete payments shall be deemed as non -payments, interest
may be charged on late payments, and a 10% late payment fee shall be applied to delinquent
accounts.
(e) See the Isle of Wight County Uniform Fee Schedule for complete listing of fees that may apply_
Sec. 14A-12. - Stormwater pollution prevention plan required.
(a) The Stormwater Pollution Prevention Plan (SWPPP) shall include the content specified by
Section 9VAC25-870-54 and must also comply with the requirements and general information set
forth in Section 9VAC25-880-70, Section II of the General Permit.
(b) The SWPPP shall be amended by the operator whenever there is a change in design,
construction. operation, or maintenance that has a change in the discharge of pollutants to state
waters which is not addressed by the existing SWPPP.
(c) The SWPPP must be maintained by the operator at a central location onsite. If an onsite location
is unavailable, notice of the SWPPP's location must be posted near the main entrance at the
construction site. Operators shall make the SWPPP available for public review in accordance
with Section 11 of the General Permit, either electronically or in hard copy.
Sec. 14A-13. - Stormwater management plan contents.
(a) No zoning, building, land disturbing, , or VSMP Authority permit shall be issued prior to a final
Stormwater management plan being approved, or a waiver thereof, by the Isle of Wight County
Stormwater Division after determining that the plan or waiver is consistent with the requirements
of this chapter.
(b) Pursuant to 9VAC25-870-55.A, the stormwater management plan shall be developed in
accordance with the following:
1. A stormwater management plan for a land disturbing activity shall apply the storm water
management technical criteria set forth in this Chapter to the entire land disturbing activity.
Individual lots in new residential, commercial, or industrial developments shall not be
considered separate land -disturbing activities.
2. A storm water management plan shall consider all sources of surface runoff and all sources
of subsurface and groundwater flows converted to surface runoff.
(c) All stormwater management plans shall be appropriately sealed and signed by a professional in
adherence to all minimum standards and requirements pertaining to the practice of that
profession in accordance with Chapter 4 (g 54.1-400 el seq.) of Title 54.1 of the Code of Virginia
and attendant regulations certifying that the plan meets all submittal requirements outlined in this
chapter and is consistent with good engineering practice
(d) Stormwater management plan contents shall include all of the information required in the plan
checklist. This includes, but is not limited to the following:
1. Contact information. The name, address, and telephone number of all persons having a legal
interest in the property and the tax reference number and parcel number of the property or
properties affected. Contact information for Isle of Wight County Stormwater Division should
also be provided.
Z Topographic base map. A one inch = two hundred feet topographic base map of the site that
extends a minimum of two hundred feet beyond the limits of the proposed development or the
extents of the property, whichever is greater The map must indicate contour lines, existing
surface water drainage including streams, ponds, culverts, ditches, floodplains, other water
bodies and wetlands; current land use including all existing structures; locations of utilities,
roads, and easements; and significant natural and m;rnmade features not othPrwisP ghnwn
3. The proposed features map must also include the limits of clearing and grading, and the
proposed drainage patterns on the site, proposed buildings, roads, parking areas, utilities,
and stormwater management facilities, and proposed land use with tabulation of the
percentage of surface area to be adapted to variou ; uses, including but not limited to planned
locations of utilities, roads, and easements.
4_ Sails information. Geotechnical properties for the hydrologic and structural properties of soils,
shall be described in a soils report. The submitted report and an accompanying map shall
include boring depth, sampling frequency and types and associated laboratory testing with
results and conclusions and follow the criteria in the VSMH. Soil properties for infiltration
facilities shall also conform to the guidance and speciflcation outlined in the VSMH.
5. A written or graphic inventory of the natural resources at the site and surrounding area as it
exists prior to the commencement of the project and a description of the watershed and its
relation to the project site_ This descript"on should include a discussion of soil conditions,
forest cover, topography, wetlands, and other wi ive vegetative areas on the site. Particular
attention should be paid to environmentally sensitive features that provide particular
opportunities or constraints for development.
G. Stormwater Management Facility Location. Proposed stormwater management facilities
must be located in conformance to the following siting criteria: A stormwater management
facility must be a minimum of twenty (20) feet from the public right of way, property lines,
easements, or any building. The setback for the stormwater management facility is
measured as the distance from the highest continuous contour elevation inside the
stormwater management facility to the ultimate right of way line or the nearest portion of any
building.
7. Stormwater Management Facility Landscaping plan. The applicant must present a detailed
landscaping plan describing the woody and herbaceous vegetative stabilization and
management techniques to be used within and adjacent to the stormwater practice. The
landscaping plan must also describe who will be responsible for the maintenance of
vegetation at the site and what practices will be employed to ensure that adequate vegetative
cover is preserved. This plan must be prepared by a qualified individual familiar with the
selection of emergent and upland vegetation appropriate for the selected BMP and approved
by the Program Administrator -
8. Maintenance easements. The applicant must ensure unimpeded access to all stormwater
treatment practices at the site for the purpose of inspection and repair by securing all the
necessary maintenance easements needed on a permanent basis in accordance with
Section 14A-15 of this Chapter and the Isle of Wight County Stormwater Program Policies
and Procedures.
9. BMP Data Sheet for each stormwater management facilities, including:
I. The type of facilities;
u. Location including geographic coordinates.-
41.
oordinates;iii. Contributing Drainage Area;
iv. The surface waters into which the facility will discharge;
v. The amount of impervious and pervious areas within the contributing drainage
area of the starmwaler management facility; and
vi. The number of pounds of phosphorus, nitrogen. and sediment to be removed by
the stormwater management facility.
10, Calculations. Hydrologic and hydraulic design calculations for the pre -development and post -
development conditions for the design storms as specified in the Technical Criteria Such
calculations shall include but not limited to:
L Description of the design storm frequency, intensity and duration;
Ii. Time of concentration,
iii. Soil curve numbers or runoff coefficients;
iv. Sufficient data to indicate the post developed peak runoff rates and total runoff
volumes for each watershed area do not exceed the pre -developed runoff rates
and volumes;
V. Infiltration rates, where applicable;
vi. Culvert capacities, both existing and proposed;
vii. Sufficient data to indicate flow velocities are non-erosive and meet channel
protection requirements;
viii. Data on the increase in rale and volume of runoff for the specified design storms;
ix Documentation of sources for all computation methods and field test results; and
x Description of all off-site drainage areas contributing to the runoff onto the site to
be permitted.
(e) If an operator intends to meet the requirements established in 9VAC25-870-63 or 9VAC25-870-
66 through the use of off-sile compliance options, where applicable, then a letter of availability
from the off-site provider must be included with the submittal documents.
Sec, 14A-14. — Pollution prevention plan contents.
(a) Pollution Prevention Ilan, required by 9VAC25-870-56, shall be developed, implemented. and
updated as necessary and must detail the design, installation, implementation, and maintenance
of effective pollution prevention measures to minimize the discharge of pollutants. At a minimum,
such measures must be designed, installed, implemented, and maintained to:
1- Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water,
and other wash waters. Wash waters must be treated in a sediment basin or alternative
control that provides equivalent or better treatment prior to discharge;
1- Minimize the exposure of building materials, building products, construction wastes, trash,
landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other
materials present on the site to precipitation and to stormwater; and
2_ Minimize the discharge of pollutants from spills and leaks and implement chemical spill and
leak prevention and response procedures.
(b) The pollution prevention plan shall include effective best management practices to prohibit the
following discharges -
1. Wastewater from washout of concrete, unless managed by an appropriate control;
1. Wastewater from washout and cleanout or stucco, paint, form release oils, curing
compounds, and other construction materials;
2. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance,-
and
aintenance;and
3. Soaps or solvents used in vehicle and equipment washing.
(c) Discharges from dewatering activities, including discharges from dewatering of trenches and
excavations, are prohibited unless managed by appropriate controls.
Sec. 14A-15 — Review of stormwater management plan.
(a) The Administrator, or any duly authorized agent, shall review stormwater management plans and
shall approve or disapprove a stormwater management plan according to the following:
1. The Administrator shall determine the completeness of a plan in accordance with Section
14A-12 of this Chapter, and shall notify the applicant, in writing of such determination, within
15 calendar days of receipt, If the plan is deemed to be incomplete, the above written
notification shall contain the reasons the plan is deemed incomplete.
2. The Administrator shall have an additional 30 calendar days from the date of the
communication of completeness to review the plan, except that if a determination of
completeness is not made within the time prescribed in subdivision (1), then plan shall be
deemed complete and the Administrator shall have 45 calendar days from the date of
submission to review the plan.
3, The Administrator shall review any plan that has been previously disapproved, within 45
calendar days of the date of resubmission.
4. During the review period, the plan shall be approved or disapproved and the decision
communicated in writing to the person responsible for the land -disturbing activity or his
designated agent. If the plan is not approved, the reasons for not approving the plan shall be
provided in writing. Approval or denial shall be based on the plan's compliance with the
requirements of this Chapter.
5. If a plan meeting all requirements of this Chapter is submitted and no action is taken within
the time provided above in subdivision (2) for review, the plan shall be deemed approved.
(b) Approved stormwater p°ans may be modified as follows:
1. Modifications to an approved stormwater management plan shall be allowed only after review
and written approval by the Administrator or an authorized designee. The Administrator shall
have 60 calendar days to respond in writing either approving or disapproving such modified
plan.
2. The Administrator may require that an approved stormwater management plan be amended.
within a time prescribed by the Administrator, to address any deficiencies noted during
inspection.
(c) A construction record drawing for permanent stormwater management facilities shall be
submitted to the Program Administrator, The construction record drawing shall be appropriately
sealed and signed by a professional registered in the Commonwealth of Virginia, certifying that
the stormwater management facilities have been constructed in accordance with the approved
plan
Sec. 14A-16. - Stormwater management facility maintenance agreements.
(a) For any plan that has a stormwater management facility, the owner of the site shall execute a
maintenance agreement to include Declaration of Covenants, maintenance plan, and
easement(s) that shall be binding on all subsequent owners of land served by the stormwater
management facility prior to County permit issuance.
(b) The maintenance agreement shall provide for access, in accordance with the Isle of Wight
County Stormwater Program Policies and Procedures, to the stormwater management facility at
reasonable times for periodic inspection by the Isle of Wight County Stormwater Division, agent
or assigns, and for regular or special assessments of properly owners to ensure that the facility is
maintained in proper working condition to meet design standards and any other provisions
established by this chapter. The maintenance agreement shall be recorded by the applicant in the
land records of the circuit court clerk's office of Isle of Wight County and the applicant shall be
responsible for providing the Isle of Wight County Stormwater Division with a copy of such
recorded agreement.
(c) Maintenance Agreements shall include:
1. Maintenance easement(s):
The applicant must ensure unimpeded access to all stormwater treatment
practices at the site for the purpose of inspection and repair by securing all the
necessary maintenance easements needed on a permanent basis. These
easements shall be of sufficient size to allow access for equipment and
acceptable to the Program Administrator and will be recorded with the
maintenance plan and maintenance agreement and will remain in effect even
with transfer of title to the property. No maintenance easement will be dedicated
to the County without the expressed written approval of the County Attorney and
the Program Administrator.
2. Stormwater Management Maintenance Plan:
I. These plans shall identify the parts or components of a stormwater management
facility that need to be maintained, the equipment, skills, and/or training
necessary to provide the proper maintenance, the anticipated costs, frequency of
maintenance, and maintenance checklist. Provisions for the periodic review and
evaluation of the effectiveness of the maintenance program and the need for
revisions or additional maintenance procedures shall be included in the plan.
ii. Maintenance checklist
Iii. Estimate of maintenance costs
3. Declaration of Covenants -
i. Maintenance of all stormwater management facilities shall be verified through the
creation of a formal maintenance covenant that must be approved by the Isle of
Wight County Stormwater Division and recorded into the land records of Isle of
Wight County prior to final plan approval. The covenant shall identify by name or
official title the person(s) responsible for carrying out the maintenance_
Responsibility for the operation and maintenance of stormwater management
facilities, unless assumed by a governmental agency, shall remain with the
property owner and shall pass to any successor or owner. If portions of the land
are to be sold, legally binding arrangements shall be made to pass the basic
responsibility to successors in title. These arrangements shall designate for each
property owner, governmental agency, or other legally established entity to be
permanently responsible for maintenance. As part of the covenant, a schedule
shall be developed for when and how often maintenance will occur to ensure
proper function of the stormwater management facility_ The covenant shall also
include plans for annual inspections to ensure proper performance of the facility
between scheduled maintenance and should also include "failure to maintain"
provisions.
it. When any new stormwater management facility is installed on private property,
or when any new connection is made between private property and a public
drainage control system, the property owner shall grant_ after given notice and
the opportunity to accompany the inspection, to the Isle of Wight County
Stormwater Division, and assigns, the right to enter the property at reasonable
times and in a reasonable manner for the purpose of inspection. This provision
includes the right to enter a property when it has a reasonable basis to believe
that a violation of this chapter is occurring or has occurred, and to enter when
necessary for abatement of a public nuisance or correction of a violation of this
chapter.
(d) In the event Mat maintenance or repair is neglected, or the stormwater management facility
becomes a danger to public health or safety, the Isle of Wight County Stormwater Division
reserves the authority to perform the work and to recover the costs from the owner.
(e) The Isle of Wight County Stormwater Division, in lieu of a maintenance covenant. may accept
dedication of any existing or future stormwater management facility for maintenance_ provided
such facility meets all the requirements of this section and includes adequate and perpetual
access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
Sec. 14A-17. - Performance and Surety bonds.
(a) The Isle of Wight County Stormwater Division shalt require the submittal of a performance
security or bond with surety, cash escrow, letter of credit or such other acceptable legal
arrangement prior to issuance of any County permit in order to ensure that the stormwater
practices are installed by the permit holder as required by the approved stormwater management
plan. Irrespective of the form of such performance security, such performance security shall
contain the following:
1. The amount shall be the total estimated construction and installation cost of the stormwater
management facilities, as indicated on the approved storm water management plan_ plus
twenty-five percent.
2. The performance security shall contain forfeiture provisions for failure, after proper noticer to
complete work within the time specified, or to initiate or maintain appropriate actions which
may be required of the applicant in accordance with the approved stormwater management
plan.
3. 1f the Isle of Wight County Stormwater Division takes such action upon such failure by the
applicant, the Isle of Wight County Stormwater Division may collect from the applicant for the
difference should the amount of the reasonable cost of such action exceed the amount of the
security held,
4. Within sixty days of the completion of the requirements of the approved stormwater
management plan in the form of certified, as -built report and survey, such bond, cash escrow,
letter of credit or other legal arrangement, except for the landscaping survivability, shall be
refunded to the applicant or terminated.
5. The landscaping portion of the stormwater management plan shall be inspected one year
after installation with replacement in accordance with the final plans and specifications prior
to Final release,
6. These requirements are in addition to all other provisions of the Isle of Wight County Code of
Ordinances relating to the issuance of such plans and are not intended to otherwise affect the
requirements for such plans.
Article IV. - Exceptions to Stormwater Management Requirements.
Sec. 14A-18. - Exceptions for providing stormwater management.
(a) The VSMP Authority may grant exceptions to the provisions of Part 11 B or Part It C of the VSMP
regulations_ An exception may be granted provided that:
1, the exception is the minimum necessary to afford relief,
2, reasonable and appropriate conditions shall be imposed as necessary Lipon any exception
granted so that the intent of the Act and this chapter are preserved,
3. granting the exception will not confer any special privileges that are denied in other similar
circumstances, and
4_ exception requests are not based upon conditions or circumstances that are self-imposed or
self-created.
(b) Economic hardship alone is not sufficient reason to grant an exception from thu requirements of
this chapter.
(c) Under no circumstance shall the VSMP authority grant an exception to the requirement that the
land -disturbing activity obtain required state permits, nor approve the use of a BMP not found on
the Virginia Stormwater BMP Clearinghouse Website, except where allowed under Part It C
(9VAC25-870-93 et seq.) of the VSMP regulation.
(d) Exceptions to requirements for phosphorus reductions shall not be allowed unless offsite options
available through 9VAC25-870-69 have been considered and found not available
(e) A record of all exceptions granted shall be maintained by the VSMP authority in accordance with
9VAC25-870-126
Article V. — Stormwater Management Criteria
Sec. 14A-19. - Generall�r.
Sec. 14A -20 -2t1 -_Structural stormwater management practices.
Sec. 14A -21 -Water Wali�
Sec. 14A-22. - Stream channel erosion
Sec. 14A-23. - Flooding.
Sec 14A-24. - Re Tonal stormwater management plans
Sec. 14A-19. - Generally.
(a) To protect the quality and quantity of state water from the potential harm of unmanaged
stormwater runoff resulting from land -disturbing activities, Isle of Wight County hereby adopts the
technical criteria for regulated land -disturbing activities set forth in Part II 6 of the Regulations, as
amended, expressly to include: 9VAC25-870-63 Water quality design criteria requirements;
9VAC25-870-65 Water quality compliance; 9VAC25-970-66 Water quantity; 9VAC25-870-69
Offsite compliance options; 9VAC25-870-72 Design storms and hydrologic methods; 9VAC25-
870-74 Stormwater harvesting; 9VAC25-870-76 Linear development project; 9VAC25-870-85
Stormwater management impoundment structures or facilities; which shall apply to all land -
disturbing activities regulated pursuant to this Chapter. except as expressly set forth in
Subsection (b) of this Section,
(b) Any land disturbing activity shall be considered grandfathered by the VSMP Authority and shall
be subject to the Part II C technical criteria (9VAC25-870-93 thru 9VAC25-870-99) of the VSMP
Regulation provided:
1. A proffered or conditional zoning plan, zoning with a plan of development_ preliminary or final
subdivision plat, preliminary or final site plan, or any document determined by the locality to
be equivalent thereto (i) was approved by the locality prior to July 1, 2012_ (ii) provided a
layout as defined in 9VAC25-870-10, (iii) will comply with the Part 11 C technical criteria of the
VSMP Regulation, and (iv) has not been subsequently modified or amended in a manner
resulting in an increase in the amount of phosphorus leaving each point of discharge, and
such that there is no increase in the volume or rale of runoff;
2. A State Permit has not been issued prior to July 1, 2014; and
3. Land disturbance did not commence prior to July 1, 2014.
(c) Locality, state and federal projects shall be considered grandfathered by the VSMP Authority
and shall be subject to the Part 11 C technical criteria of the VSMP Regulation provided_
1 _ There has been an obligation of locality, stale or federal funding, in whole or in part, prior to
July 1, 2012, or the department has approved a stormwater management plan prior to July 1.
2012;
2, A State Permit has not been issued prior to July 1, 2014; and
3. Land disturbance did not commence prior to July 1, 2014.
(d) Land disturbing activities grandfathered under subsections A and B of this section shall remain
subject to the Part 11 C technical criteria of the VSMP Regulation for one additional State Permit
cycle, After such time, portions of the project not under construction shall become subject to any
new technical criteria adopted by the Board.
(e) In cases where governmental bonding or public. debt financing has been issued for a project prior
to July 1, 2012, such project shalt be subject tri the technical criteria of Part 11 C.
(f) Nothing in this section shall preclude an operator from constructing to a more stringent standard
at his discretion.
(g) The following technical criteria shall be applied on all applicable land development and land
conversion activities:
1, Determination of flooding and channel erosion impacts to receiving streams due to land
development projects shall be measured at each point of discharge from the development
project and such determination shall include any runoff from the balance of the watershed
which also contributes to that point of discharge.
2. The specified design storms shall be defined as either a twenty -four-hour storm using the
rainfall distribution recommended by the U.S. Soil Conservation Service when using U.S. Sol"
Conservation Service methods or as the storm of critical duration that produces the greatest
required storage volume at the site when using a design method such as the modified
rational method_
3. For purposes of computing runoff, all pervious lands in the site shall be assumed prior to
development to be in good condition (if the lands are pastures, lawns, or parks), with good
cover (if the lands are woods), or with conservation treatment (if the lands are cultivated);
regardless of conditions existing at the time of computation.
4. Construction of stormwater management facilities or modifications to channels shall comply
with all applicable laws and regulations, Evidence of approval of all necessary permits, such
as U.S. Army Corps of Engineers and VA. DEO Wetland Permits. VA. DEO VSMP
Construction General Permit, etc., shall be presented.
5. Impounding structures that are not covered by the impounding structure regulations (4 VAC
50-20-10 et seq.) shall be engineered for structural integrity during the one hundred -year
storm event.
6. Pre -development and post -development runoff rates shall be verified by calculations that are
consistent with good engineering practices,
7. Outflows from a stormwater management facility shall be discharged to an adequate channel,
and velocity dissipaters shall be placed at the outfall of all stormwater management facilities
and along the length of any outfall channel as necessary to provide a non-erosive velocity of
flow from the basin to a channel.
8, Proposed residential, commercial, or industrial subdivisions shall apply these stormwater
management criteria to the land development as a whole. Individual lots in new subdivisions
shall not be considered separate land development projects, but rather the entire subdivision
shall be considered a single land development project. Hydrologic parameters shall reflect
the ultimate land development and shall be used in all engineering calculations.
9. Construction of stormwater management impoundment structures within a Federal
Emergency Management Agency (FEMA) designated one hundred -year floodplain shall be
avoided to the extent possible. When this is unavoidable, all stormwater management facility
construction shall be in compliance with all applicable regulations under the National Flood
Insurance Program, 44 CFR Part 59,
10. Natural channel characteristics shall be preserved to the maximum extent practicable.
11. Land development projects shall comply with the Virginia Erosion and Sediment Control Law
and attendant regulations, as well as this chapter.
12. Nonstructural stormwater practices designed to reduce the volume of stormwater runoff are
encouraged to reduce the amount of stormwater runoff that must be managed. This will help
to minimize the reliance on structural practices which require ongoing maintenance in order
to be effective.
13. Improvements to existing stormwater facilities to include storm sowers, open channels and
ditches will be necessary if they are determined to cause flooding and or erosion under pre -
developed conditions
Sec. 14A-24. - Structural stormwater management practices.
(a) Minimum control requirements.
1. All stormwater management facilities shall be designed in accordance with the current
Virginia Stormwater Management Handbook and incorporated references, unless the Isle of
Wight County Stormwater Division grants the applicant a waiver or Ilie applicant is exempt
from such requirements -
2 If hydrologic or topographic conditions warrant greater control than that provided by the
minimum control requirements, the Isle of Wight County Stormwater Division reserves the
right to require any and all additional requirements deemed necessary to protect downstream
properties and aquatic resources from damage due to excess volume, frequency, and rale of
stormwater runoff.
(b) Site design feasibility,
1. Stormwater management practices for a site shall be chosen based on the physical
conditions of the site. The factors that should be considered are. but are not limited to:
i. Topography,
ii Maximum drainage area.
iii Depth to seasonal high water table
iv. Soils.
V. Slopes.
vi. Terrain.
vii. Hydraulic head.
viii. Location in relation to environmentally sensitive features or ultra -urban areas,
Applicants shall consult the Virginia Stormwater Management Handbook for guidance on the
factors that determine site design feasibility when selecting a stormwater management facility.
(c) Conveyance issues, All stormwater management facilities shall be designed to convey
stormwater to allow for the maximum removal of polfutants and reduction in flow velocities. This
shall include, but not be limited to, maximizing of flowpalhs from inflow points to outflow points;
the protection of inlet and outfall structures; the elimination of erosive flow velocities; and
providing of underdrain systems, where applicable_ The Virginia Stormwater Management
Handbook provides detailed guidance on the requirements for conveyance for each of the
approved stormwater management practices.
(d) Pretreatment requirements. All stormwater management facilities shall have an acceptable form
of water quality pretreatment, in accordance with the pretreatment requirements found in the
current Virginia Stormwater Management Handbook. Stormwater infiltration practices, or
practices having an infiltration component, as specified in the Virginia Stormwater Management
Handbook, are prohibited, even with pretreatment, in the following circumstances,
1. Where stormwater is generated from highly contaminated source areas known as "hotspots",
2_ Where stormwater is carried in a conveyance system that also carries contaminated
nonstormwater discharges;
3. Where stormwater is being managed in a designated groundwater recharge area; and
4. Under certain geologic conditions (e.g., karst) that prohibit the proper pretreatment of
stormwater.
(e) Treatment/geometry conditions All stormwater management facilities shall be designed to
capture and treat stormwater runoff according to the specifications outlined in the Virginia
Stormwater Management Handbook. These specifications will designate the water quality
treatment and water quantity criteria that apply to an approved stormwater management practice.
Sec. 14A-21. - Water quality.
(a) The following criteria shall be addressed for stormwater management al all sites:
1. All stormwater runoff generated from land development and land use conversion activities
shall not discharge untreated stormwater runoff directly into a jurisdictional wetland or local
water body without adequate treatment. Where such discharges are proposed, the impact of
the proposal on wetland functions shall be assessed using a method acceptable to the Isle of
Wight County Stormwater Division. In no case shall the impact on functions be any less than
allowed by the Army Corps of Engineers (ACOE) or the Department of Environmental
Quality.
2_ Annual groundwater recharge rates shall be maintained, by promoting infiltration through the
use of structural and nonstructural methods. At a minimum, annual recharge from the post
development site shall mimic the annual recharge from pre -development site conditions.
3. Land development projects shall comply with the water quality criteria in oc::orda[ice with
9VAC25-870-63.
4. Stormwater discharges to critical areas with sensitive resources (i -e., cold water fisheries,
shellfish beds, swimming beaches, recharge areas, water supply reservoirs) may be subject
to additional criteria, or may need to utilize or restrict certain stormwater management
practices at the discretion of the Isle of Wight County Stormwater Division.
5_ Industrial sites which are listed under titre Standard Industrial Code are required to prepare
and implement a stormwater pollution prevention plan, and shall file a Notice of Intent (NO[)
under the provisions of the National Pollutant Discharge Elimination System (NPDES)
General Permit.
6. Stormwater discharges from land uses or activities with higher potential pollutant loadings_
known as "hotspots": may require the use of specific structural BMPs and pollution prevention
practices.
7_ Prior to design, applicants are required to consult with the Isle of Wight County Stormwater
Division to determine if they are subject to additional slormwater design requirements.
Sec. 14A-22. - Stream channel erosion.
(a) To protect stream channels from degradation, specific channel protection criteria shall be
provided as prescribed in the Virginia Stormwater Management Handbook, the BMP
Clearinghouse, and the Virginia Erosion and Sediment Control Handbook.
(b) Properties and receiving waterways downstream of any land development project shall be
protected from erosion and damage due to excessive volume, velocity and frequency of peak flow
rate of stormwater runoff in accordance with the minimum design standards set out in this
Chapter_
(c) The Isle of Wight County Stormwater Division shall require compliance with subdivision 19 of 9
VAC25-840-40 of the Erosion and Sediment Control Regulations, promulgated pursuant to Article
2.4 (§ 62.1-44.15.51 et seq_) of Chapter 3.1 of Title 62.1 of the Code of Virginia,
(d) The Isle of Wight County Stormwater Division may determine that some watersheds or receiving
stream systems require enhanced criteria in order to address the increased frequency of bankfull
flow conditions brought on by land development projects. Therefore, in lieu of the reduction of the
post-deve;oped peak rale of runoff as required in subsection (b) of this section, the land
development project being considered shall provide twenty -four-hour extended detention of the
runoff generated by the one-year, twenty -four-hour duration storm.
Sec. 14A-23. - Flooding.
(a) The calculations for determining peak flows pis found in the latest edition of the Virginia
Stormwater Management Handbook shall be used for sizing all stormwater management
practices_
(b) Downstream properties and waterways shall bu protected from damages from localized flooding
due to excessive volume, velocity and peak flow rate of stormwater runoff in accordance with the
minimum design standards set out in this section -
(c) The two-year and ten-year post -developed peak rate of runoff from the development site shall not
exceed the two-year and ten-ycar pre -developed peak rate of runoff.
(d) Underground utility linear development projects shall not be required to control post -developed
stormwater runoff for flooding, except in accordance with a watershed or regional stormwater
management plan.
Sec. 14A-24. - Regional stormwater management plans.
(a) Applicants are directed to communicate with kde of Wight County Stormwater Division prior to
submitting an application for a stormwater management plan approval in accordance with Article
III of this chapter to determine if a regional stormwater management plan has been developed for
the applicable watershed. If such a plan is in existence, the applicant must provide stormwater
management water quality treatment on-site in accordance with file provisions of the regional
plan, and other management provisions as specified by the Isle of Wight County Stormwater
Division.
(b) Regional stormwater management plans (common plans of development) for residential,
commercial or industrial subdivisions which are approved and which govern the development of
individual parcels within that plan_ shall remain approved throughout the development life even of
ownership changes.
Article VI. - Construction Inspection.
Sec. 14A-25. - Generally.
Sec. 14A-26 - Notice of construction commencement.
Sec. 14A-27.- Record Drawingsias-built plans and certified inspection of stormwater management
facilities.
Sec. 14A-25. - Generally.
(a) The Administrator or any duly authorized agent shall inspect the land -disturbing activity during
construction for:
1. Compliance with the approved erosion and sediment control plan;
2. Compliance with the approved storm water management plan;
3_ Development, updatingr and implementation of a pollution prevention plan; and
4. Development and implementation of any additional control measures necessary to address a
TMDL
(b) The Administrator or any duly authorized agent may, at reasonable times and under reasonable
circumstances, enter any establishment or upon any property, public or private_ for the purpose of
obtaining information or conducting surveys. inspections or investigations necessary in the
enforcement of the provisions of this Chapter. Stormwater management construction inspections
shall utilize the final approved plans and specifications for compliance_ In addition, the inspections
shall comply with latest version of the erosion and sediment control regulations. promulgated
pursuant to Article 2.4 (§ 62.1-44.15,58) of Chapter 3 1 of Title 62.1 of the Code of Virginia.
Sec. 14A-26. - Notice of construction commencement.
(a) The applicant must notify the Isle of Wight County Stormwater Division in advance before the
commencement of construction. In addition, the applicant must notify the Isle of Wight County
Slormwater Division in advance of construction of critical components of the storm water
management facility. Periodic inspections of the stormwater management facility construction
shall be conducted by the staff of the Isle of Wight County Stormwater Division or their designee.
All inspections shalt be documented and written reports prepared that contain the following
information:
1. The date and location of the inspection;
2. Whether construction is in compliance with the approved stormwater management pian;
3. Variations from the approved construction specifications;
4. Any violations that exist;
(b) If any violations are found, the property owner shall be notified in writing of the nature of the
violation and the required corrective actions. No additional work shall proceed until any violations
are corrected and all work previously completed has received approval by the Isle of Wight
County Stormwater Division. In addition, the person responsible for carrying out the plan may be
required to provide copies of self -inspection monitoring and reports to ensure compliance with the
approved plan and to determine whether the measures required in the plan provide effective
stormwater management.
(c) If the Isle of Wight County Stormwater Division determines that there is a failure to comply with
the plan, notice shall be served upon the Permittee or person responsible for carrying out the plan
in accordance with Article VIII of this chapter.
Sec. 14A-27. -- Record drawings/as-built plans and certified inspection of stormwater
management facilities.
All applicants are required to submit either record drawings or actual "as -built' plans for all permanent
stormwater management facility after final construction is completed. The plan must show the final
design specifications for all stormwater management facilities and must be certified by a professional
engineer. A final inspection by the Isle of Wight County Stormwater Division is required before the
release of any performance securities can occur. A certified inspection of all aspects of the BMP
construction is required, including surface as -built surveys, and geotechnical inspections during
subsurface or backfilling, riser and principal spillway installations biorelention soil placement and
compaction activities.
Article VII. -- Maintenance, Inspection, and Repair of Stormwater Facilities.
Sec. 14A-28. - Generale
Sec. 14A-29. - Records of maintenance and repair activities.
Sec 14A-30_ — Illicit discharges — Prohibited_
Sec_ 14A-31. — Permitted Discharges.
Sec. 14A-28. - Generally.
(a) All stormwater management facilities with recorded maintenance agreements under this Chapter
must undergo inspections to document maintenance and repair needs and ensure compliance
with the requirements of this Chapter and accomplishment of its ourooses. These needs may
include; removal of silt, litter and other debris from all catch basins, inlets and drainage pipes,
grass cutting and vegetation removal, and necessary replacement of landscape vegetation and
any repair or replacement of structural features.
(b) Those facilities within the MS4 area shall be inspected at least once every year by the Isle of
Wight County Stormwater Division. Those facilities outside the MS4 area shall be inspected at
least once every five (5) years by the Isle of Wight County Stormwater Division. In the event that
the stormwater management facility has not been maintained and/or becomes a danger to public
safety or public health, the Isle of Wight County Stormwater Division shall notify the person
responsible for carrying out the maintenance plata by registered or certified mail to the address
specified in the maintenance covenant. The notice shall specify the measures needed to comply
with the plan and shalt specify the time within which such measures shall be completed. If the
responsible party fails or refuses to meet the requirements of the maintenance covenant, the Isle
of Wight County Stormwater Division, after reasonable notice, may correct a violation of the
design standards or maintenance needs by performing all necessary work to place the facility in
proper working condition, and recover the costs from the owner.
(c) For single-family residential stormwater management facilities with an executed maintenance
agreement, the property owner shall self-report the status of their facility on an annual basis, in
I,eu of an inspection by Isle of Wight County Stormwater Division.
Sec. 14A-29. - Records of maintenance and repair activities_
in accordance with § 62.1-44.15.40 of the Code of Virginia, parties responsible for the operation and
maintenance of a stormwater management facility shall make records of the installation and of all
maintenance and repairs. and shall retain the records for at least five years. These records shall be
made available to the We of Wight County Stormwater Division during inspection of the facility and at
other reasonable times upon request.
Sec. 14A-30; - Illicit discharges --Prohibited.
(a) It shall be a violation of this chapter to'
1. Discharge, or cause or allow to be discharged, sewage, industrial wastes or other wastes into
the storm sewer system, or any component thereof, or onto driveways, sidewalks, parking
tots or other areas draining to the storm sewer system; or
2. Connect, or cause or allow to be connected, any sanitary sewer to the storm sewer system,
including any sanitary sewer connection to the storm sewer system as of the date of the
adoption of this chapter.
3_ Throwr place or deposit or cause to be thrown, placed or deposited into the storm sewer
system anything that impedes or interferes with the free flow of stormwater therein.
Sec. 14A-31. - Permitted Discharges.
(a) The following activities shall not be considered an illicit discharge and shall not be considered in
violation of this chapter.
1. Water line flushing;
2. Landscape irrigation;
3. Diverting stream flows or rising groundwater.
4. Infiltration of uncontaminated groundwater;
5. Public safety activities, including but not limited for law enforcement and fire suppression.-
6.
uppression;
6. Well -point dewatering or pumping of uncontaminated groundwater from potable water
sources, foundation drains, irrigation waters, springs, or water from crawl spaces or footing
drains;
7, Air conditioning condensation;
8. Watering and maintenance with landscaping chemicals in accordance with manufacturer's
recommendations.-
9.
ecommendations;
9. Individual residential car washing;
10. Flows from riparian habitats or wetlands;
11. Swimming pool discharges that have been dechlorinated or desalinated and are free of other
disinfecting agents;
12. Street washing;
13. Any activity authorized by a valid Virginia Pollutant Discharge Elimination System (VPDES)
permit or Virginia Pollution Abatement (VPA) permit; or
14. Any other water source not containing sewage, sediment, industrial wastes or other
pollutants.
(b) In the event any of the activities listed in subsection (a) above are found to cause sewage,
industrial wastes or other pollutants to be discharged into the storm sewer system, the program
administrator shall notify the person performing such activities, and shall order that such activities
be stopped or conducted in such a manner as to avoid the discharge of sewage, industrial wastes
or other wastes into the storm sewer system. The failure to comply with such an order shall
constitute a violation of the provisions of this chapter.
Article Vill. - Enforcement and Penalties.
Sec. 14A-32- - Violations.
Sec. 14A-33. - Notice of violation.
Sec. 14A-34. - Ston work orders
Sec 14A-35. --Administrative appeal and iudicial.review-
Sec_ 14A-36. - Civil and criminal penalties.
Sec. 14A-37_ - Restoration of lands,
Sec. 14A-38. - Holds on occupationpermits.
Sec. 14A-39. -Monitoring and reportinn
Sec, 14A-32_ - Violations.
Any development activity that is commenced or is conducted contrary to this chapter or the approved
plans and permit, may be subject to the enforcement actions outlined in this section and the Virginia
Stormwater Management Act
Sec. 14A-33. - Notice of violation.
When the Isle of Wight County Stormwater Division determines that an activity is not being carried out
in accordance with the requirements of this chapter, it shall issue a written notice of violation
delivered by registered or certified mail to the applicant. The notice of violation shall contain:
(a) The name and address of the applicant,
(b) The address when available or a description of the building. structure or land upon which the
violation is occurring;
(c) A statement specifying the nature of the violation;
(d) A description of the remedial measures necessary to bring the development activity into
compliance with this chapter and a time schedule for the completion of such remedial action:
(e) A statement of the penalty or penalties that shall or may be assessed against the person to whom
the notice of violation is directed;
(f) A statement that the determination of violation may be appealed to the municipality by filing a
written notice of appeal within thirty days of service of notice of violation.
Sec. 14A-34. - Stop work orders.
(a) If the Administrator determines that there is a failure to comply with the VSMP Authority Permit
conditions or determines there is an unauthorized discharge, notice shall be served upon the
Permittee or person responsible for carrying out the permit conditions by any of the following:
verbal warnings and inspection reports, notices of corrective action, consent spe-cial orders. and
notices to comply. Written notices shall be served by registered or certified mail, or by delivery at
the site of the development activities to the agent or employee supervising such activities.
1. The notice shall specify the measures needed to comply with the permit conditions and shall
specify the time within which such measures shall be completed. Upon failure to comply
within the time specified, a stop work order may be issued in accordance with Subsection (b)
or the permit may be revoked by the Administrator.
2. If a Permittee fails to comply with a notice issued in accordance with this Section within the
time specified, the Administrator may issue an order requiring the owner, Permittee, person
responsible for carrying out an approved plan, or the person conducting the land -disturbing
activities without an approved plan or required permit to cease all land -disturbing activities
until the violation of the permit has ceased, or an approved plan and required permits are
obtained, and specified corrective measures have been completed
3. Such orders shall be issued in accordance with the Isle of Wight County Stormwater Program
Policies and Procedures. Such orders shall become effective upon service on the person by
certified mail, return receipt requested, sent to his address specified in the land records of the
locality, or by personal delivery by an agent of the Administrator_ However, if the
Administrator finds that any such violation is grossly affecting or presents an imminent and
substantial danger of causing harmful erosion of lands or sediment deposition in waters
within the watersheds of the Commonwealth or otherwise substantially impacting water
quality, it may issue, without advance notice or hearing, an emergency order directing such
person to cease immediately all land -disturbing activities on the site and shall provide an
opportunity for a hearing, after reasonable notice as to the time and place thereof, to such
person, to affirm, modify, amend, or cancel such emergency order_ If a person who has been
issued an order is not complying with the terms thereof, the Administrator may institute a
proceeding for an injunction, mandamus, or other appropriate remedy in accordance with
Subsection 35(c),
(b) In addition to any other remedy provided by this Chapter, if the Administrator or his designee
determines that there is a failure to comply with the provisions of this Chapter, they may initiate
such informal and/or formal administrative enforcement procedures in a manner that is consistent
with the Isle of Wight County Stormwater Program Policies and Procedures.
(c) Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance,
order, approved standard or specification, or any permit condition issued by the Administrator
may be compelled in a proceeding instituted in the Circuit Court of Isle of Wight County by the
Locality to obey same and to comply therewith by injunction, mandamus or other appropriate
remedy.
Sec. 14A-35. — Administrative appeal and judicial review.
(a) Final decisions of the Administrator under this chapter shall be subject to review by the County
Board of Supervisors; provided, that an appeal is filed within thirty days from the date of any
written decision by the Administrator -
(b) Final decisions of the Board of Supervisors under this chapter shall be subject to review by the
Circuit Court of Isle of Wight County; provide that an appeal is filed within thirty days from the
date of the final written decision of the Board of Supervisors.
Sec. 14A-36. -- Hearings.
(a) Any permit applicant or permittee, or person subject to Ordinance requirements, aggrieved by any
action of the VSMP Authority taken without a formal hearing, or by inaction of the VSMP
Authority, may demand in writing a formal hearing by the County Board of Supervisors causing
such grievance, provided a petition requesting such hearing is filed with the Administrator within
30 days after notice of such action is given by the Administrator.
(b) The hearings held under this Section shall be conducted by the County Board of Supervisors at a
regular or special meeting of the County Board of Supervisors, or by at least one member of the
Board of Supervisors designated by the Administrator to conduct such hearings on behalf of the
County Board of Supervisors at any other time and place authorized by the Administrator.
(c) A verbatim record of the proceedings of such hearings shall be taken and filed with the County
Board of Supervisors. Depositions may be taken and read as in actions at law
(d) The County Board of Supervisors or its designated member, as the case may be, shall have
power to issue subpoenas and subpoenas duces tecum, and at the request of any party shall
issue such subpoenas. The failure of a witness without legal excuse to appear or to testify or to
produce documents shall be acted upon by the local governing body, or its designated member,
whose action may include the procurement of an order of enforcement from the circuit court.
Witnesses who are subpoenaed shall receive the same fees and reimbursement for mileage as in
civil actions.
Sec. 14A-37. - Civil and criminal penalties.
(a) Any person who violates any provision of this Chapter, except as set forth in subsection (b)
below, shWI be guilty of a Class 1 misdemeanor and shall be subject to a tine not exceeding two
thousand dollars or up to thirty days imprisonment for each violation or both per day the violation
persists. In addition, the Isle of Wight County Stormwater Division may pursue the following
actions,
1. The Isle of Wight County Stormwater Division may apply to the circuit court to enjoin a
violation or a threatened violation of the provisions of th,'s chapter without the necessity of
showing that an adequate remedy at law does not exist.
2. Without limiting the remedies which may be obtained in this section, the Isle of Wight County
Stormwater Division may bring a civil action against any person for violation of this chapter or
any condition of a permit. The action may seek the imposition of a civil penalty of not more
than two thousand dollars against the person for each violation per day the violat,on persists -
3. With the consent of any person who has violated or failed, neglected or refused to obey this
chapter or any condition of a permit, the Isle of Wight County Stormwater Division may
provide, in an order issued by the Isle of Wight County Stormwater Division against such
person, for the payment of civil charges for violations in specific sums, not to exceed the limit
specified in subsection (a)(2) of this section. Such civil charges shall be instead of any
appropriate criminal penalty which could be imposed under subsection (a)(1).
(b) Violations of Article VIII of this chapter shall result in the following penalties,
1. A willful violation shall constitute a Class 1 misdemeanor. Each day that a violation persists or
is permitted to remain shall constitute a separate offense.
2_ Any person who, intentionally or otherwise, commits any of the acts prohibited by Article VIII
of this chapter shall be liable to the county for all costs of monitoring, containment, cleanup,
abatement, removal and disposal of any substance unlawfully discharged into the storm
sewer system.
3. Any person who, intentionally or otherwise, commits any of the acts prohibited by Article VIII
of this chapter shall be subject to a civil penalty in an amount not to exceed one thousand
dollars for each day that a violation of this chapter continues. The court assessing such
penalties may, at its discretion. order such penalties be paid into the treasury of the County
for the purpose of abating, preventing, monitoring, or mitigating environmental pollution_
4. The County may bring legal action to enjoin a continuing violation and the existence of any
other remedy, at law or in equity, shall be no defense to any such action,
5. The remedies set forth in this subsection (b) shall be cumulative_ not exclusive; and it shall
not be a defense to any action. civil or criminal, that one or more remedies set forth herein
has been sought or granted.
6. Any person who violates any provision of this Chapter or who fails, neglects, or refuses to
comply with any order of the Administrator, shall be subject to a civil penalty not to exceed
$32,500 for each violation within the discretion of the court Each day of violation of each
requirement shall constitute a separate offense.
a. Violations for which a penally may be imposed under this Subsection shall
include but not be limited to the following -
(i) No state permit registration;
(ii) No SWPPP;
(iii) Incomplete SWPPP;
(iv) SWPPP not available for review;
(v) No approved erosion and sediment control plan;
(vi) Faiture to install stormwater BMPs or erosion and sediment controls;
(vii) Stormwater BMPs or erosion and sediment controls improperly installed or
maintained;
(viii) Operational deficiencies;
(ix) Failure to conduct required inspections;
(x) Incomplete, improper, or missed inspections; and
(xi) Discharges not in compliance with the requirements of Section 9VAC25-
880-70 of the General Permit.
b. The Administrator may issue a summons for collection of the civil penalty and the
action may be prosecuted in the appropriate court.
c. In imposing a civil penalty pursuant to this Subsection, the court may consider
the degree of harm caused by the violation and also the economic benefit to the
violator from noncompliance.
d. Any civil penalties assessed by a court as a result of a summons issued by the
Locality shall be paid into the treasury of Isle of Wight County to be used for the
purpose of minimizing, preventing, managing, or mitigating pollution of the waters
of the locality Isle of Wight County and abating environmental pollution therein in
such manner as the court may, by order, direct.
(c) Notwithstanding any other civil or equitable remedy provided by this Section or by law, any
person who willfully or negligently violates any provision of this Ordinance Chapter. any order of
the Administrator, any condition of a permit, or any order of a court shall be guilty of a
misdemeanor punishable by confinement in jail for not more than 12 months or a tine of not less
than $2,500 nor more than 332,500, or both.
Sec. 14A-38. - Restoration of lands.
Any violator may be required to restore land to Its undisturbed condition or in accordance with a
notice of violation, stop work order, or permit requirements, In the event that restoration is not
undertaken within a reasonable time after notice, the Isle of Wight County Stormwater Division may
take necessary corrective action, the cost of which shall be covered by the performance bond, or
become a lien upon the property until paid, or both_
Sec. 14A-39. - Folds on occupation permits.
Occupation permits shall not be granted until corrections to all stormwater practices have been made
in accordance with the approved plans, notice of violation, stop work order, or permit requirements,
and accepted by the Isle of Wight County Stormwater Division.
Sec. 14A-40. - Monitoring and reporting.
(a) The Administrator, or authorized designee, shall have authority to make such lawful inspections
and conduct monitoring of stormwater outfalls or other components of the storm sewer system as
may be necessary or appropriate in the administration and enforcement of this Chapter.
(b) The Administrator, or authorized designee shall inspect the land -disturbing activity during
construction for
1. Compliance with the approved erosion and sediment control plan;
2. Compliance with the approved stormwater management plan;
3. Development, updating, and implementation of a pollution prevention plan: and
4. Development and implementation of any additional control measures necessary to address a
TMDL
(c) The Administrator or authorized designee may, at reasonable times and under reasonable
circumstances, enter any establishment or upon any property, public or private, for the purpose of
obtaining information or conducting surveys, inspections or investigations necessary in the
enforcement of the provisions of this Chapter.
(d) The Administrator may require every VSMP authority permit applicant or permittee, or any such
person subject to VSMP authority permit requirements under this Chapter, to furnish when
requested such application materials, plans, specifications, and other pertinent information as
may be necessary to determine the effect of his discharge on the quality of stale waters, or such
other information as may be necessary to accomplish the purposes of this Ordinance.
(e) The VSMP authority permit applicant or permittee, or any such person subject to VSMP authority
permit requirements under this Chapter responsible for implementing the plan will maintain
records of all inspections and maintenance, to ensure compliance with the approved plan and to
determine whether the measures required in the plan are providing effective stormwater
management.
Sec. 14A-41. - Recordkeeping.
Recordkeeping will be completed and maintained in accordance with 9VAC25-870-126_
Article IX. Stormwater Management Fee
Sec. 14A-42. — Findings andQeterminations-
Sec. 14A-43. — Establishment of stormwater management utilil .
Sec 14A44 — Imposition of utility fee.
Sec 14A-45 — Billing and a ent interest.hens.
Sec. 14A-46 — Arius ment of feeg, expMp ions
Sec. 14A47 - Severability
Sec. 14A-42. Findings and determinations.
(a) Isle of Wight County (County) has a system of manmade and natural components of a
stormwater management infrastructure to both limit and manage the volume of stormwater to
control flood events and to prevent degradation of the County's waterways through stormwater
quality management. These facilities are in part regulated by federal and state laws and
regulations.
(b) stormwater runoff is associated with ali improved properties in the County, whether residential or
nonresidential. and the quantity and quality of runoff is correlated to the amount of impervious
surface and land -disturbing activities on each parcel,
(c) The elements of the stormwater management infrastructure provide benefit to properties within
the County through direct protection of property, control of flooding of critical components of the
infrastructure, and enhancement of water quality and the County's natural environment.
(d) The costs of monitoring, operating, maintaining, and constructing the stormwater management
system required in the County, both to meet stormwater pollution control regulations and to
address identified water quality degradation, erosion and flooding needs, should therefore be
allocated_ to the extent practicable, to all property owners based on their contribution to the
stormwater runoff.
Sec. 14A-43. Establishment of stormwater management utility.
(a) Pursuant to the statutory authority granted to localities in §15.2-2114 of the Code of Virginia,
1950, as amended, to provide for the general health, welfare and safety of the County and its
residents, there is hereby established a stormwater utility, which shall be the operational means
of implementing and otherwise carrying out the functional requirements of the stormwater
management system. The Board of Supervisors of Isle of Wight County hereby designates the
Director of General Services or an authorized designee as the Administrator of the stormwater
management utility fee- The general purposes of the utility include administration, management,
operation and maintenance of the County's stormwater infrastructure; studies and programs;
regulation of drainage; and financing of existing and future repairs, replacements, improvements
and extensions of the stormwater infrastructure.
(b) The stormwater management utility shall be administered and operated under the direction of the
Administrator, who shall organize, direct and manage the utility in accordance with this article and
other appropriate legal requirements.
(c) The utility shall deposit in a separate ledger account all revenues collected pursuant to this
article. The funds deposited shall be used exclusively for the operation, maintenance and capital
costs related to the stormwater management system. Operation, maintenance and capital costs
related to the system shall include, but not be limited to, the following:
1. Acquisition, as permitted by Section 15.2-1800 of the Code of Virginia (1950, as amended),
of real or personal property, and interest therein necessary to construct, operate and maintain
stormwater control facilities;
2. The cost of administration of such programs, to include the establishment of reasonable
operating and capital reserves to meet unanticipated or emergency requirements of the
system and all associated legal and collection costs;
3_ Engineering, planning, design, inspection, debt retirement and construction costs for new
facilities and enlargement or improvement of existing facilities including (lie enlargement or
improvement of dams, levees, floodwalls, and pump stations_ whether publicly or privately
owned, that serve to control stormwater;
4. The operation and maintenance of facilities and equipment including the maintenance of
dams, levees, floodwalls and pump stations, whether publicly or privately owned, that serve
to control stormwater;
5. Monitoring of the quantity and quality of stormwater and associated control devices;
6. Other activities consistent with the state or federal regulations or pesrmits governing
stormwater management. including, but not limited to, public education. watershed planning,
inspection and enforcement activities, and pollution prevention planning and implementation;
and
7. Activities on private properties whereby the overal$ public benefit exceeds the overall private
benefit, a& determined by the Administrator.
Sec. 14A-44. Imposition of utility fees.
The Isle of Wight County Board of Supervisors, as provided by this article, shall set appropriate levels
of utility fees so that adequate revenues will be generated to provide for a balanced operating and
capital improvement budget for operation and maintenance of the County's stormwater management
system. Should revenue from utility fees exceed actual costs incurred for providing for the operation
and maintenance of the County's stormwater management system described in this article, funds will
carry over to the next fiscal year. Utility fees shall be charged to owners of all developed property in
the County.
(a) For purposes of determining the utility fee, all properties in the County are classified into one of
the following classes:
i. Developed residential property;
2. Developed nonresidential property; or
3. Undeveloped property
(b) The utility fee for developed residential property shall equal the ERU rate
(c) The utility fee for developed nonresidential property shall be the ERU rate multiplied by the
numerical factor obtained by dividing the total impervious surface area of a developed
nonresidential property by one (1) ERU. The numbered factor will be rounded to the nearest
whole number. The minimum utility fee for any developed nonresidential property shall equal the
ERU rate. Refer to Article 11 of this Chapter for ERU and ERU rate definition and location.
(d) The utility fee for vacant developed property, both residential and nonresidential, shall be the
same as that for occupied property of the same class.
(e) Undeveloped property shall be exempt from the utility fee until such time it is developed.
(f) Each developed property situated on a parcel devoted to agricultural use, as defined herein, shall
be charged a fee equal to the ERU rate.
(g) The charge defined as the ERU rate is established from time to time by action of the Isle of Wight
County Board of Supervisors to raise revenues to cover the costs of the stormwater management
system.
Sec. 14A-45. Billing and payment, interest, liens.
(a) Billing for the stormwater utility fee shall be rendered on a semi-annually basis to all chargeable
property owners and shall represent the fee for the preceding six (6) months and any unpaid
balances and interest on an account. Any parcel or dwelling unit owner who has remitted
payment of the stormwater utility charges and believes that it is incorrect may submit an
adjustment request as provided for in this article. The stormwater utility fee is to be paid by the
owner of each parcel or dwelling unit that is subject to the charge. The owner of each parcel or
dwelling unit in the County, except undeveloped property, shall be mailed a statement for the
stormwater utility fees.
(b) The stormwater utility fee due the County from property owners for stormwater management shall
be based on the ERU rate established in the Uniform Fee Schedule,
(c) All properties, except undeveloped property, shall be rendered bills or statements for a
stormwater utility fee. Billing for the utility fee shall be rendered in arrears to all chargeable
persons and shall represent charges for each day of the preceding billing period with interest
added as stated on the bill. In the event charges are not paid when clue, interest thereon shall
commence on the due dale and shall accrue at the rate of ten (10) percent per annum until such
time the delinquent charges and accrued interest are paid.
(d) The bills or statements shall include a date by which payment shall be due All statements shall
be mailed at least thirty (30) days prior to the payment due date stated thereon. All bills for
charges prescribed by this Article shall be deemed delinquent if not paid in full to the Treasurer's
Office by the end of the business day it is due, or the next working day in the event the due date
is a County recognized holiday or weekend day.
(e) Any delinquent bill, including unpaid fees and accrued interest, shall be collected by any means
available to the County. Notice to the owner shall be provided in every case when stormwater
charges incurred by a tenant or occupant become more than ninety (00) days delinquent. Unpaid
fees and interest accrued shall constitute a lien against the property, ranking on a parity with liens
for unpaid taxes. Records of all unpaid fees and interest, indexed by the name of the record
owner of the real estate, shall be maintained in the County Treasurer's office.
(f) When previously undeveloped properties are brought into the system or in the event of alterations
or additions to developed nonresidential property that alter the amount of impervious surface
and/or the number of dwelling units, a utility fee will accrue as determined by the Administrator:
1 1 lnnn icq,4nnrw of a r;artifiralQ of Ocriinanry or
2. Upon substantial cornp'.elion of the improvements: or
3, In the event completion of the improvements is not diligently pursued, upon eslatAishment of
the impervious area or dwelling unit that affects stormwater runoff. A bill or statement will be
issued and said charges L"JFII be prorated for the number months for which the parcel is
subject to the utility fee_
Sec. 14A-46. Adjustment of fees, exemptions.
(a) Full waiver of the utility fee shall be provided to properties owned by federal, state, and local
government agencies when those agencies own and provide for maintenance of storm drainage
and stormwater control facilities, and the agency has the appropriate permits issued by the state,
and the agency's stormwater system does not discharge to waters or outlets requiring Isle of
Wight County maintenance.
(b) Full waiver of the utility fee shall be provided to property owned or operated by the County and
other local government agencies.
(c) Full waiver of the utility fee shall be provided to properties with a valid VPDES Industrial
stormwater General Permit or a VPDES Individual permit that includes stormwater_ The waiver
shall apply only to the parcels associated with said permit.
(d) A partial waiver of the utility fee may be provided to cemeteries, as determined by the
Administrator.
(e) Public roads and street rights-of-way that are owned and maintained by state or local agencies
including property rights-of-way acquired through the acquisitions process shall be exempt from
the utility fee.
(f) Agricultural properties shall be exempt from the utility fee; provided however, each developed
property situated on a parcel devoted to agricultural use shall be charged a fee equal to the ERU
rate.
(g) Developed properties with less than 400 square feel of impervious surface are exempt from the
utility fee until such a time the property exceeds 400 square feel of impervious surface.
(h) Any property owner charged a utility fee greater than one (1) ERU who has paid his utility fees
and who believes his utility fees to be incorrect may make application in writing to the
Administrator or his designee for an adjustment to the stormwater management utility fee. All
such requests must be submitted prior to the end of the fiscal year for which the request applies,
The property owner shalt substantiate the claim to the satisfaction of the Administrator with plans,
engineering calculations and related documents prepared by a licensed professional engineer or
land surveyor. The Administrator may waive the licensed professional requirement if in his
opinion the specific adjustment request does not warrant such a requirement.
1. New construction utility fee adjustment'Applications for new construction shall be made in
conjunction with the relevant site plan or development plan submittal or a request for waiver
of normal site plan processing requirements. Action on such applications shall be within the
response times specified for such submittals and requests. Approved adjustments shall be
effective from the date of construction and will be prorated from the first day of the month in
which the adjustment is approved.
2. Any owner of a developed parcel or dwelling unit who believes his utility fee to be incorrect
may make application for adjustment of the charge to the Administrator. Response to such
requests shall be made by the Director within sixty (60) calendar days of receipt of a
complete request. The Administrator shall develop an administrative policy regarding the
refund or credit of overpaid fees.
(i) Any owner charged a utility fee greater than one (1) ERU may appeal the Administrator's decision
to the County Administrator but must do so in writing within fifteen (15) calendar days of the date
of the Administrator's response. The County Administrator shall respond to the appeal within
fifteen (15) calendar days and such response shall be final.
(j) The Administrator may extend such County response times as appropriate to ensure full and
complete evaluation of the application. In these cases, the Administrator shall notify the applicant
of the action by certified mail.
(k) Adjustments/Credits: The Administrator shall prepare a Utility Adjustment/Credit policy that shall
become effective upon adoption by the Board of Supervisors to any developed nonresidential
property that installs, operates, and maintains a stormwater management facility that achieves a
permanent reduction in stormwater flow or pollutant loadings. The amount of the credit will be
based on the percent reduction in stormwater flow or pollutant loadings, or both, from pre-
installation to post -installation of the facility_ Credits will not be provided to any property that does
not obtain a stormwater permit from the Department of Conservation and Recreation or the
Department of Environmental Quality when such permit is required by statute or regulation.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors
voting against the motion.
11
Donald T. Robertson, Assistant to the County Administrator, provided a briefing
on the Local Choice health insurance program and associated steps to be taken
over the course of the next year with regard to adjusting the employer/employee
contribution to ensure alignment with industry averages, the development of an
wellness incentive plan, continue to investigate opportunities/partnerships for
shared services with the School Division and the Towns of Smithfield and
Windsor; and, continue to review and make note of any benefit changes that
might be appropriate.
Supervisor Darden moved to renew the Local Choice health insurance program.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors
voting against the motion.
County Attorney Popovich advised that the County's and Schools FY2014-15
Operating and Capital Budgets and related ordinances have been properly
advertised and a public hearing held.
Supervisor Jefferson moved that an Ordinance Approving the County Budget and
Appropriating Funds for Expenditures Contemplated during the Fiscal Year
Beginning July 1, 2014 and Ending June 30, 2015, and Regulating the Payment of
Monev Out of the County Treasury be adopted, as follows:
AN ORDINANCE APPROVING TIIE COUN'T'Y BUDGET AND
APPROPRIATING FUNDS FOR EXPENDITURES CONTEMPLATED
DURING THE FISCAL YEAR BEGINNING .JULY 1, 2014 AND ENDING
,JUNE 30, 2015, AND REGULA'T'ING THE PAYMENT OF MONEY OUT OF
TIIE COUNTY TREASURY
BE IT ORDAINED by the Board of Supervisors of Isle ol` Wighk County, Virginia as rollows:
Section 1: Except as provided in Section 2 of this ordinance, the County of Isle or Wight.
Virginia, Proposed Annual Operating Budget, Fiscal fear 2014-2015, elated April 3,
2014, and submitted by the County Administrator, is approved as the County Budget
for the fiscal year beginning July I, 3014, and ending June 30, 2015.
Section 2: The County Budget shall be Subject to trawlers authorized by law and to auch
further amendments by ordinance; as the Board of Supervisors may deem
appropriate.
Section 3: The amount namcd in the Proposed Annual Operating Budget lin- County operations
for the fiscal year beginning July 1, 2014. and ending June 30, 2015, in the following
fund amounts totaling $95,434.396 is hereby appropriated lrom the revenues of the
County for use by the various fund~ of the County Government referenced in said
budget for the said fiscal year. Any appropriation to a specific fund but identified as
a revenue source in another fund is spceilicatliy designated and restricted for
accounting and transfer purposes only and not for only other expenditure firom the
source fund.
Fiind 2014-21115
General Fund 09,137,186
Capital Projects Fund 800.000
Debt Service Fund 6.824,458
Grants Fund 199,314
Emergency 91 I Fund 1.325,743
County Fair I and 364,198
Social Service's Fund 3.1 G 1,543
Section 8 1lousing Fund 124.383
Comprchen. i,We Smices Act Vund 605,587
Technology Servitcs Fund 949.764
Risk tvlanagemcnt Fund 506,412
Public Utility Fund 9.71-0.610
Storinwater %,fana,entcnt Fund 1.715,198
Total (;ands Budget S 95,434,396
Section 4: Pursuant to Sc;etion 77.1-94 of the Code of Virginia, the following categorical
appropriations arc hereby made for Isle of Wight County Public Schools ("Public
Schools") for the fiscal year beginning July I, 2014, and ending June 30, 2015:
Educational Category___ 2014-21115,
Instruction 5 42,394,959
Administration, :Attendance mut I Ieaith 2,421.1f9
Pupil Transportation 3.329.862
Operation and hlaintmanec 4.724,183
School Food Serv_Mther Now111SIr. Operation, 2.202,403
Facilities 0
Debt and Butes Transfers 0
Technology 1,981,708
Contingenev ResmLs 0
'1`alat Funds Budget 5 57,1154,284
Section 5: All payincnts lronl funds shall be made in accordance «with general law and
applicable ordinances and resolutions of the County, except as otherwise specifically
provided herein; provirleel, however, that payments frons the funds appropriated l()r
the support, maintenance and operation of the Public Schools of the County shall be
made by the County Treasurer upon warrants drawn by the proper officer or officers
of the School Board of the County; and provided f trthei- that payments frons the
ftinds appropriated for expenditures of the Department of Social Services shall he
made by the County Treasurer upon presentation of warrants drawn by the Social
Services Director and approved by the Isle of Wight County Board of Social
Services.
Section Cl: The Board of Supervisors hereby authorizes the issuance 111(1 Sille of isle County'~
revenue aIlticipatlon note or notes (tile "Note" or "Notes"), pursuant to Section 15.2-
7629 of the Code of Virginia (1950, as wriended) (the "Virginia Code"), in the
aggregate principal amount of up to 525,000,000 in anticipation of the collection Of
the taxes and revenues of the County fir the fiscal year eliding June 30, 2015. Ifs
either the County Administrator or County 'Treasurer deems that the cash flow needs
and the financial condition of the Count), WatTant the issuance of a Note or Notes,
the County Administrator or the County Treasurer (each hereinatier rererred to tis the
"County Representative") is authorized and directed to accept a proposal or
proposals for the purchase of the Note or Notes and to approve the terms of the Note
or Notes, provided that the aggregate principal amount o17 the Notes shall not exceed
$25,000,000, none of the Notes shall mature later than June 30, 2015, and no interest
rate on any of the Notes shall exceed 7%. The County Representative and the Clerk
of the Board of Supervisors (the "Clerk") are hereby authorized and directed to
execute an appropriate negotiable Note or Notes and to affix the seal of the County
thereto and such County Representative is authorized and directed to deliver the
Note or Notes to the purchaser thereof. The County Representative, and such officers
and agents of the County as the County Representative may designate. are hereby
authorized and directed to take such further action as they deem necessar}' regarding
the issuance and sale of the Note or Notes and all actions taken by shell officers and
agents in connection with the issuance and sale of the Note or Notes are ratified and
confirmed.
Section T. The Board of Supervisors hereby authorizes the lease financing of varlou-9 County
vehicles, and equipment essential to the performance of governmental functions as
provided for in the adopted Discal Year 2014-2015 Operating and Capital Budget.
The funds made available under the lease will be deposited with a banking ins itutlon
pursuant to an Escrow Agreement following procurement of a financial institution in
accordance with the Virginia Public Procurement Act. The County Administrator is
authorized to execute the lease agreement and financing documents on behalf of the
COWIN and the County Clerk shall affix file official seal of the County to tlhe
Financing Documents and attest the same.
Section S: The amounts appropriated by this ordinance shall be expended lin• the purpose of
operating the County government during the 2014-2015 Fiscal Year; and, with the
exception of the Items the payment of which is fixed by law, shall be expended in
such proportions as may be authorized by the County Administrator from time to
time.
Section 9: All outstanding encumbrances, by contract or hilly executed purchase order. as of.
.tune 30, 2014, shall be offset by an equal amount of assigned Fluid Balance for
expenditure in the subsequent fiscal year; lwavided, host -ever, that if performance of
a contract or purchase order has been substantially completed, an expenditure and
estimated liability shall be recorded in lieu of in encumbrance. All approprint lolls
standing oil the books of the County at the close of business for tike fiscal year
ending June 30, 2014 ill the amount of 550,000,000.00 or less that have not been
upended or lawfully obligated or encumbered are hereby reappropriated to be used
to fund the purposes, programs, or projects fhr which the fiends were appropriated_
Section 10: Notwithstanding the provisions of Section 9, all funds appropriated for Public
Schools which are unexpanded at year-end ~hall revert back to tike County's General
Fund pursuant to Section ?2.1-100 of the Code of Virginia.
Section 11: The payment and settlement, made during the 2011-2015 Fiscal Year, of any claim
of any kind against the County; and final judgments, with interest and costs, obtained
against the County during the 2013-2014 Fiscal Year, shall he paid upon the
certification of the County Attorney and the order of the County Administrator from
funds appropriated to the (tisk Management bund; or From the hinds appropriated fihr
the expenditures of the Fund involved in the subject matter of tike claim or judgment;
or from the General Fund; as the County Administrator shall find necessary.
Section 12: Except as otherwise specifically required by law or approved by the Board of.*
Supervisors by resolution any salary or %%rage expenditure, and ally expenditure of
any kind or description having the effect of a salary or %&,age payment, shall be nate
only for a position, the description of which is identified in tilt: County Pay and
Compensation flan or which has received prior approval of Board of Supervisors.
Any other expenditure shall be calculated to result in total expenditures within the
plan Stated in a Specific County Budget account, except that transfers of unexpended
and unencumbered balances or portions thereof, initiated by a depailinent director
and approved by the County Administrator, are permitted between accounts;
provided, however, Nit a quarterly report of such transfers shall be submitted to the
Board of Supervisors.
Section 13: The County Administrator is authorized and directed to do all lawful things
necessary to implement and administer the County Budget for Fiscal Year 2014-
2015.
Section 14: All ordinances and resolutions, or parts thereof, in conflict with the provisions of this
ordinance, to the extent of such conflict are repealed.
Section 15: `I his ordinance shall be in effect on aisd aflCr Rely 1, 2014. and it shall not be
published.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors
voting against the motion.
Chairman Bailey moved that an Ordinance to Impose Tax Rates for Isle of Wight
County, Virginia for Fiscal Year July 1, 2014 through June 30, 2015 be adopted, as
follows:
AN ORDINANCE TO IMPOSE TAX RATES FOR ISLE
OF WIGHT COUNTY, VIRGINIA FOR FISCAL YEAR
JULY 11 2014 THROUGH JUNE. 30, 2015
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the
County of Isle of Wight, Virginia, to -wit:
Section 1: That there is hereby levied for tite fiscal year beginning July I, 2014, a tax
of 50.85 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 55.1-2600 of the Code of Virginia (1950. a5
amended).
Section 2: Chat there; is hereby levied Ibr the fiscal year beginning July 1, 2014, II lax
of $0.70 per one hundred dollars of assessed Valuation on machinery and
tools used in businesses as defined in Section 55.1-3507 of the Code of
Virginia (1950, as amended).
Section 3: That there is hereby levied for the fiscal year beginning July 1. 2014, a tax
of S 1.00 per one hundred dollars of assessed valuation of boats, watercraft
and aircraft as defined in Section 5S.1-3606 of the. Code of Virginia (1950,
as amended).
Section 4: That there is hereby levied for the fiscal year beginning July 1, 2014. a tax
of 54.50 per one hundred dollars of assessed valuation on -ill tangible
personal property. as defined and classified in Sections 55.1-3500 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 Iron said levy.
Section 5: That there is hereby levied for the fiscal year beginning July 1, 2014, a tax
of S0.32 per one hundred dollars of assessed valuation on watercraft.
including vessels and ships, weighing five tons or more, excluding
privately owned pleasure boats and watercraft used For recreational
purposes only.
Section 6: That there is hereby levied for the fiscal year Beginning July 1, 2014, a tax
of one-half (1/2) of one percent (I'Va) 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 55.1-400.2 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 1110 ultimate consumer in tine 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 telet3hone
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 Nlinutes of
this Board of Supervisors and that a copy thereof, by the Clerk. orthis Board, be fiurnished
to the Treasurer of this County.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors
voting against the motion.
11
Supervisor Casteen moved that an Ordinance to Implement Personal Property Tax
Relief in Isle of Wight County, Virginia for Calendar Year 2014 be adopted, as
follows:
AN ORDINANCE TO IMPLEMENT PERSONA],
PROPERTY TAX RELIEF IN ISLE OF NA'IGI-11'
COUNT]', `'IRGINIA, FOR CALENDAR YEAR 2014
BE IT. AND IT 1S 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 Relicl'Act. as rulopted by the
Virginia General Assembly, the car tax relief for Calendar Year 2014 shrill be set at fifty
Percent (50"11) for %rellicic5 over 51,000.00 in value on the first 520,000.00 in Value and
for vehicles V,11LIed at 31,000.00, or under, the percentage Of r0kl' shall be:
one hundred vercent (100°,0.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Darden moved that the following Ordinance to Repeal Chapter 15,
Article I, Section 15-4.3. Solar Energy Equipment and Recycling Equipment
Partially Exempt from Taxation of the County Code of Ordinances be adopted:
ORDINANCE TO REPEAL CHAPTER 15, ARTICLE I,
SECTION 15-4.3. SOLAR ENERGY EQUIPMENT AND
RECYCLING EQUIPMENT PARTIALLY EXEMPT
FROM TAXATION OF THE COUNTY CODE OF
ORDINANCES
BE 11' ORDAINED THAT Chapter 15, Article I, Section 15-4.3 Solar Energy Equipment
and Recycling Equipment Partially Exempt From Taxation c)f the County Code of Ordinances is
herehy repealed.
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Alphin moved that an Ordinance to Amend and Reenact the Isle of
Wight County Code by Amending and Reenacting the Isle of Wight County Code,
Chapter 2, Administration; Chapter 3, Animals and Fowl; Chapter 4, Buildings;
Chapter 6, Erosion and Sediment Control; Chapter 7, Fire Protection; Chapter 8,
Garbage, Weeds and Litter; Chapter 10, Licenses; Chapter 11, Motor Vehicles and
Traffic; Chapter 11.1, Music and Entertainment Festivals; Chapter 12, Offenses —
Miscellaneous; Chapter 14, Sewers and Sewage Disposal; Chapter 14.1, Streets;
Chapter 15, Taxation; Chapter 16, Tylers Beach Boat Harbor; Chapter 16.1, Water;
Chapter 16.2, Weapons; Chapter 17, Wetlands Zoning; Appendix A, Subdivisions;
Appendix B, Zoning; and Appendix B-1, Chesapeake Bay Preservation Area
Ordinance, as follows:
AN ORDINANCE TO AMEND AND REENACT THE
ISLE OF WIGHT COUNTY CODE BY AMENDING
AND REENACTING THE ISLE OF WIGHT COUNTY
CODE, CHAPTER 2, ADMINISTRATION; CHAPTER
3, ANIMALS AND FOWL; CHAPTER 4, BUILDINGS;
CHAPTER 6, EROSION AND SEDIMENT CONTROL;
CHAPTER 7, FIRE PROTECTION; CHAPTER 8,
GARBAGE, WEEDS AND LITTER; CHAPTER 10,
LICENSES; CHAPTER 11, MOTOR VEHICLES AND
TRAFFIC; CHAPTER 11.1, MUSIC AND
ENTERTAINMENT FESTIVALS; CHAPTER 12,
OFFENSES MISCELLANEOUS; CHAPTER 14,
SEWERS AND SEWAGE DISPOSAL; CHAPTER
14,1, STREETS; CHAPTER 15, TAXATION;
CHAPTER 16, TYLERS BEACH BOAT HARBOR;
CHAPTER 16.1, WATER; CHAPTER 16.2,
WEAPONS; CHAPTER 17, WETLANDS ZONING;
APPENDIX A, SUBDIVISIONS; APPENDIX B,
ZONING; AND, APPENDIX B-1, CHESAPEAKE BAY
PRESERVATION AREA ORDINANCE TO REMOVE
ALL REFERENCES TO FEES WHICH SHALL BE
HEREAFTER INCLUDED IN THE ISLE OF WIGHT
COUNTY UNIFORM FEE SCHEDULE
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has deemed it appropriate
to revise its ordinances in such a way as to eliminate specific references to fee amounts in favor of a
uniform fee schedule which shall be adopted by the Board of Supervisors on an annual basis as part of
the budget adoption process;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that
Chapter 2, Administration, of the Isle of Wight County Code be amended and reenacted as follows -
CHAPTER 2. ADMINISTRATION.
Sec. 2-22. Service fee for false alarms.
(a) Response by fire and/or rescue personnel...... Fees in an amount as shall be set forth in the Isle of
Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be
amended, shall be assessed against commercial alarm system users for false alarms resulting in
response by fire and/or rescue personnel and occurring during any period of one hundred eighty
successive days, and against residential alarm system users during any period of ninety successive
days. Alarm system users shall pay such service fee for false alarms within thirty days of billing.
(b) Response by sheriff's office personnel...... Fees in an amount as shall be set forth in the Isle of
Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be
amended, shall be assessed against commercial alarm system users for false alarms resulting in
response by sheriffs office personnel and occurring during any period of one hundred eighty
successive days, and against residential alarm system users during any period of ninety successive
days. Alarm system users shall pay such service fee for false alarms within thirty days of billing.
(c) Exceptions...... Service fees shall not be charged for false alarms from alarm systems in premises
owned, leased, occupied or under the control of the United States, the Commonwealth of Virginia,
political subdivisions of the Commonwealth of Virginia, or any of their officers, agents or employees
while they are acting or are employed in their official capacity. However, all other requirements of this
article shall apply to such systems.
(d) Billing; interest on unpaid charges...... The chief and the sheriff shall notify the county emergency
communications center of each false alarm to which they respond and such information shall be
retained and maintained by the county emergency communications center. At the end of each
month, the emergency communications manager shall notify the Isle of Wight County Treasurer of
service fee assessments for false alarms. The emergency communications manager shall provide
the name of the alarm system user, the address of the false alarm, and the amount due for the false
alarm. The Isle of Wight County Treasurer shall bill the user and notify the emergency
communications manager when any account is more than thirty days in arrears. Any account more
than thirty days in arrears shall be subject to interest at the legal rate provided by the Code of
Virginia, commencing when the account is more than thirty days in arrears. (10-18-07.)
(STATE LAW REFERENCE --Su.::. 15.2-911 of the Code of Virginia (1950), as amended )
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia,
that Chapter 3, Animals and Fowl, is hereby amended and reenacted as follows;
CHAPTER 3. ANIMALS AND FOWL.
Sec. 3-8. Pet shop/dealer.
In the county, any person operating a pet shop or operating as a dealer in companion animals is required
to obtain a permit from the county. The fee for said permit shall be as set forth in Section 3.2-6537 of the
Code of Virginia (1950, as amended). The county may refuse to issue or after issuance may revoke such
permit for fraudulent practices or inhumane treatment of the animals dealt with by the permittee.
Operating a pet chop or operating as a dealer in companion animals without having obtained such a
permit from the county shall be a class 3 misdemeanor. (11-18-04 )
(STATE LAW REFERENCE—Sec- 3.2-6537 of the Code of Virginia (1950), as amended.)
Sec. 3-11. Amount of license tax
(a) The amount of the license tax for dogs and/or cats shall be as follows:
(1) Spayed or Neutered dog or cat (1 year tag) - $7,00
(2) Spayed or Neutered dog or cat (3 year (ag) - $20.00
(3) Unspayed/Neutered dog or cat (i year tag)- S10.00.-
(4)
10.00;(4) Unspayed/Neutered dog or cat (3 year tag) - $30.00
(5) Kennel, for 10-19 dogs - $35,00
(6) Kennel, 20-29 dogs - $40.00
(7) Kennel, 30-39 dogs - $45.00; and
(8) Kennel, 40-50 dogs - $50.00.
Sec. 3-21. Confinement and disposition of animals.
(a) Any animal which has been confined in the county animal pound pursuant to this section shall be
kept for a period not less than five days, such period to commence on the day immediately following
the day the animal is initially confined in the facility, unless sooner claimed by the rightful owner
thereof.
(b) The operator or custodian of the pound shall make a reasonable effort to ascertain if the animal has
a collar, tag, license, tattoo, or other form of identification. If such identification is found on the
animal, the animal shall be held for an additional five days, unless sooner claimed by the rightful
owner. If the rightful owner of the animal can be readily identified, the operator or custodian of the
pound shall make a reasonable effort to notify the owner of the animal's confinement within the next
twenty-four hours following its confinement. If any companion animal confined pursuant to this
section is claimed by its rightful owner, such owner will be charged an impound/pickup and a
kennel fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the
Board of Supervisors, as it may be amended,. If any other animal confined pursuant to this section is
claimed by its rightful owner, such owner may be charged with the actual expenses incurred in
keeping the animal impounded. The owner of any animal confined pursuant to (his section may also
be charged with the actual expenses of any veterinary care rendered while the animal was in the
custody of Isle of Wight County_
(c) If an animal confined pursuant to this section has not been claimed upon expiration of the
appropriate holding period as provided by subsection (a) or (b) herein, it shall be deemed
abandoned and become the properly of the pound. Such animal may be humanely destroyed or
disposed of by the methods set forth in subsections (1) through (5). No pound shall release more
than two animals or a family of animals during any thirty -day period to any one person under
subsections (2), (3), or (4)_
(1) Release to any humane society, animal shelter, or other releasing agency within the
Commonwealth, provided that each humane society, animal shelter, or other releasing agency
obtains a signed statement from each of its directors, operators, staff, or animal caregivers
specifying that each individual has never been convicted of animal cruelty, neglect, or
abandonment and updates such statements as changes occur.
(2) Adoption by a resident of Isle of Wight County and who will pay the required adoption fee as
shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adapted by the Board
of Supervisors, as it may be amended, on such animal, agree to have the animal sterilized in
accordance with the provisions of section 3,1-796,126;1 of the Code of Virginia (1950), as
amended, and provided that such resident has read and signed a statement specifying that he
has never been convicted of animal cruelty, neglect, or abandonment.
(3) Adoption by a resident of an adjacent political subdivision of the Commonwealth and who will
agree to have the animal sterilized in accordance with the provisions of section 3.1-796.126:1
of the Code of Virginia (1950), as amended, and provided that such resident has read and
signed a statement specifying Plat he has never been convicted of animal cruelly, neglect, or
abandonment.
(4) Adoption by any other person, provided that such person has read and signed a statement
specifying that he has never been convicted of animal cruelly, neglect, or abandonment, and
provided that no animal may be adopted by any person who is not a resident of the county or
of an adjacent political subdivision, unless the animal is first sterilized, and the pound may
require that the sterilization be done at the expense of the person adopting the animal.
(5) Release for the purposes of adoption or euthanasia only, to an animal shelter, or any other
releasing agency located in and lawfully operating under the laws of another state, provided
that such animal shelter, or other releasing agency: (i) maintains records that would comply
with section 3.1-796.105 of the Code of Virginia (1950), as amended; (ii) requires that adopted
dogs and cats be sterilized; (iii) obtains a signed statement from each of its directors,
operators, staff, and animal caregivers specifying that each individual has never been
convicted of animal cruelty, neglect, or abandonment_ and updates such statement as
changes occur; and (iv) has provided to the pound, animal shelter, or other releasing agency
within the Commonwealth a statement signed by an authorized representative specifying the
entity's compliance with clauses (i) through (iii), and the provisions of adequate care and
performance of humane euthanasia, as necessary, are in accordance with the sections 3.1-
796.68 and 3.1-796.96 of the Code of Virginia (1950), as amended.
(d) For purposes of recordkeeping, release of an animal by a pound to a pound, animal shelter or other
releasing agency shall be considered a transfer and not an adoption. If the animal is not first
sterilized, the responsibility for sterilizing the animal transfers to the receiving entity.
(e) No provision herein shall prohibit the immediate euthanasia of a critically injured, critically ill, or
unweaned animal for humane purposes. Any animal euthanized pursuant to the provisions of this
chapter shall be euthanized by one of the methods prescribed or approved by the slate veterinarian
(f) Nothing in this section shall be construed to prohibit confinement of other companion animals in
such a pound.
For the purposes of this section, the term "animal" shall not include agriculture animals_ (11-18-04.)
(STATE LAW REFERENCE—Sec. 3.1-796.96 of the Code of Virginia (1950), as amended.)
Sec. 3-23. Control of dangerous or vicious dogs.
(a) As used in this section, "dangerous dog" means a canine or canine crossbreed that has bitten.
attacked, or inflicted injury on a person or companion animal or killed a companion animal; however,
when a dog attacks or bites another dog, the attacking or biting dog shhli not be deemed dangerous;
(i) if no serious physical injury as determined by a licensed veterinarian has occurred to the other
dog as a result of the attack or bite; or (ii) both dogs are owned by the same person, No dog shall be
found to be a dangerous dog as a result of biting, attacking or inflicting injory on another dog while
engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful
dog handling event. "Vicious dog" means a canine or canine crossbreed that has: (i) killed a person;
(ii) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious
impairment of health, or serious impairment of a bodily function; or (iii) continued to exhibit the
behavior which resulted in a previous finding by a court or an animal control officer pursuant to the
provisions of subsection (k), that It is a dangerous dog, provided that its owner has been given notice
of that finding.
(b) Any animal control officer who has reason to believe that a canine or canine crossbreed within his
jurisdiction is a dangerous dog or vicious dog may file a suit in General District Court in Isle of Wight
County. The petition shall advise the owner of the nature of the proceeding and the matters at issue.
The animal control officer shall confine the animal until such time as evidence shall be heard and a
verdict rendered. If the animal control officer determines that the owner or custodian can confine the
animal in a manner that protects the public safety, he may permit the owner or custodian to confine
the animal until such time as evidence shall be heard and a verdict rendered_ The court, through its
contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal.
If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order
the animal's owner to comply with the provisions of this chapter. If, after hearing the evidence, the
court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance
with the provisions of section 3.1-796,119 of the Code of Virginia (1950), as amended.
(c) No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because
it is a particular breed, nor shall ownership of a particular breed of canine or canine crossbreed be
prohibited. No animal shall be found to be a dangerous clog or vicious dog if the threat, injury or
damage was sustained by a person who was: (i) committing, at the time, a crime upon the premises
occupied by the animal's owner or custodian, (ii) committing, at the time, a willful trespass or other
tort upon the premises occupied by the animal's owner or custodian; or (iii) provoking, tormenting, or
physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or
assaulted the animal at other times. No police dog that was engaged in the performance of its duties
as such at the time of the acts complained of shall be found to be a dangerous dog or a vicious dog.
No animal which, at the time of the acts complained of, was responding to pain or injury, or was
protecting itself, its kennel, its offspring or its owner or owner's property, shall be found to be a
dangerous dog or a vicious dog.
(d) The owner of any animal found to be a dangerous oog snap, witnin ten days cit suer, finning, obtain a
dangerous dog registration certificate from the local animal control officer for a fee as shall be set
forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as
it may be amended„ in addition to other fees that may be authorized by law. The local animal control
officer shall also provide the owner with a uniformly designed tag that identifies the animal as a
dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears
the collar and tag at all times. All certificates obtained pursuant to this subsection shall be renewed
annually for the same fee and in the same manner as the initial certificate was obtained.
(e) All certificates or renewals thereof required to be obtained under this section shall only be issued to
persons eighteen years of age or older who present satisfactory evidence: (i) of the animal's current
rabies vaccination, if applicable; (ii) that the animal has been neutered or spayed; (iii) that the owner
has liability insurance coverage, to the value of at least one hundred thousand dollars, that covers
animal bites; and (iv) that the animal is and will be confined in a proper enclosure or is and will be
confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced -
in yard until the proper enclosure is constructed. In addition, owners who apply for certificates or
renewals thereof under this section shall not be issued a certificate or renewal thereof unless they
present satisfactory evidence that: (i) their residence is and will continue to be posted with clearly
visible signs warning both minors and adults of the presence of a dangerous dog on the property;
and (ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by
electronic implantation.
(f) While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors
or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or
direct contact with or entry by minors, adults, or other animals, The structure shall be designed to
provide the animal with shelter from the elements of nature. When off its owner's property, an animal
found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause
injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from
biting a person or another animal.
(g} If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal
guardian shall be responsible for complying with all requirements of this section.
(h) After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon
learning of same, notify the local animal control authority if the animal: (i) is loose or unconfined; (ii)
bites a person or attacks another animal; (iii) is sold, given away, or dies; or (iv) has been moved to
a different address.
(i) The owner of any animal which has been found to be a dangerous dog who willfully fails to comply
with the requirements of this section shall be guilty of a class 1 misdemeanor.
�) All fees collected pursuant to this section, less the costs incurred by the animal control authority in
producing and distributing the certificates and lags required by this chapter, shall be paid into a
special dedicated fund in the Isle of Wight County treasury for the purpose of paying the expenses of
any animal control officer training required under section 3.1-796.104:1 of the Code of Virginia
(1950), as amended.
(k) Notwithstanding the provisions of subsection (c) of this section, any animal control officer may
determine, after investigation, whether a dog is a dangerous dog, If the animal control officer
determines that a dog is a dangerous dog, he may order the animal's owner to comply with the
provisions of this chapter, If the animal's owner disagrees with the animal control officer's
determination, he may appeal the determination to the general district court for a trial on the merits.
(11-18-04.)
(STATE LAW REFERENCE—Sec, 3 1-796.93;1 of the Code of Virginia (1950), as amended,)
Sec. 3-26, Hybrid canine permit.
(a) No person shall import into the county or liberate herein or possess herein any hybrid canine except
pursuant to a hybrid canine permit issued by Isle of Wight County.
(b) Tile decision to issue such a permit shall be based upon the following criteria:
(1) The number of hybrid canines that will be confined on the subject property which in no case
shall exceed two hybrid canines;
(2) The type, quality and extent of the confinement of the hybrid canine while on the property of its
owner. Tile owner shall be required to provide adequate confinement as defined in section 3-
1 of this chapter;
(3) The background, knowledge, experience, and responsible ownership of the owner to
adequately care for, keep and handle hybrid canines; and
(4) The means of handling the hybrid canine while not on the property of the owner.
(c) The owner applying for a hybrid canine permit shall submit an annual permit fee as shall be set forth
in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it
may be amended, to cover the cost of the permitting system. A separate permit shall be obtained for
each hybrid canine owned
(d) The owner shall be required to provide the following information when applying for a hybrid canine
permit;
(1) The sex of the hybrid canine;
(2) The color of the hybrid canine;
(3) The height and length of the hybrid canine,
(4) Vaccination records including a vaccination against rabies by a currently licensed veterinarian,
(5) Information as to identification tags, tattooing or other identifying marks of the hybrid canine;
and
(6) An executed consent form authorizing the animal control officer or designee to inspect the
premises where the hybrid is confined for the sole reason of ensuring that the owner is in
compliance with the permit and this article.
(f) The permit may be revoked or not renewed if the owner has failed to renew any required permit or
has violated a provision of the permit or this article or any other law pertaining to the responsible
ownership of the hybrid canine, Including, but not limited to, the escape of the animal from the
confinement or any death, damage or injury caused by the hybrid canine.
(g) Any person, whether an owner, agent or employee, violating, causing, or permitting the violation of
this article or the conditions of the permit shall be guilty of a class 3 misdemeanor for the first
violation and a class 1 misdemeanor for a second or a subsequent violation. Upon conviction of a
violation of this article, the violator shall surrender the hybrid canine to the animal control officer for
euthanasia in accordance with section 3,1-796,119 of the Code of Virginia (1950), as amended. (11-
18-04.)
(STATE LAW REFERENCE ---Sec. 3.1-7913.126:9 of thn Code of Virginia (1950), as amended )
Sec. 3-27. Unlawful care of feral cats; exception.
(a) For purposes of this article, the following terms shall have the following meanings
(1) The acronym "ACO" shall mean the Isle of Wight Animal Control Officer or a designee
(2) The term "caregiver" shall mean a resident of isle of Wight County, Virginia who has been
designated as a feral cat caregiver by the ACO pursuant to the provisions of this article, and
who accepts responsibility for expenses associated with providing care to feral cats.
(3) The term "cat" shall mean a feline over the age of sixteen weeks.
(4) The term "feral cat" shall mean any cat that is not or has never been owned by a person, or
was formerly owned and has been abandoned
(5) The term "feral cat colony" shall mean a group of feral cats who generally live outdoors and
have little or no human contact_
(6) The term "kitten" shall mean a feline sixteen weeks of age or under.
(b) Except as provided in this article, it shall be unlawful for any person to maintain a feral cat colony by
providing food, water, or other forms of sustenance and care, unless such person is a resident of Isle
of Wight County, Virginia, and has been designated as, and is currently appointed. a caregiver by
the ACD.
(c) County residents desiring to provide food, water and other forms of sustenance and care to feral
cats in Isle of Wight County, Virginia, shall annually apply to the ACO to be designated as a
caregiver, and every person so designated shall comply with the provisions of this article throughout
their term of appointment. There shall be a fee as shall be set forth in the Isle of Wiqht Countv
Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, associated
with applying for this designation, per feral cat colony, which shall be due and payable annually.
(d) Every caregiver shall comply with the following conditions with respect to feral cats or feral cat
colonies for which they are a designated caregiver;
(1) Provide (i) written permission from the property owner on whose property the feral cat colony
will be located or cared for; (ii) evidence of reasonable efforts made to obtain the support for
the feral cat colony from all adjacent property owners; and (iii) a good faith estimate of the
number of feral cats and kittens residing in the colony at the time a caregiver's designation is
applied for.
(2) Assume personal responsibility and make arrangements for feeding and providing emergency
veterinarian treatment as needed to their feral cat or feral cat colony on a regular basis
throughout the year, including weekends, holidays, and at such times as the caregiver is
unable, for any reason: to provide such care
(3) Provide regular and frequent trapping of not less than two times per month, through the use of
humane box traps of feral cats and kittens over the age of eight weeks who have not been
spayed or neutered, vaccinated, and marked as provided herein, The trapped feral cats shall
be spayed or neutered, vaccinated for rabies, and marked by having their ears tipped by a
veterinarian professionally licensed by the Commonwealth of Virginia. It is also recommended,
but not required, that all trapped feral cats be vaccinated by the veterinarian for distemper and
implanted with a micro chip for identification purposes.
(4) Make every attempt to remove kittens from the colony between the age of eight weeks and
sixteen weeks for domestication and placement with a person who is willing to be the owner of
same.
(5) If possible, have all trapped feral cats and kittens tested for feline leukemia and feline
immunodeficiency virus; and to have those which test positive for.same humanely euthanized
or assure that any feral cat or kitten known to have an infectious disease is not released to the
outdoors.
(6) Maintain, on an individual cat basis, documentation of all vaccinations, inoculations, medical
procedures and sustenance provided to feral cats under their care, and upon request, to
provide such documentation to the ACO.
(7) Authorize veterinarians attending to feral cats or kittens under their care to release copies of
all medical records with regard to such feral cats to the ACO.
(8) Maintain protection for the feral cats and kittens sufficient to shield them from adverse weather
conditions, and maintain the surrounding area free and clear of garbage, trash and debris,
(9) Notify the ACO of the introduction of any new cats to the feral cat colony.
(10) Ensure that a feral cat colony for which a person has been designated a caregiver does not
exceed twenty cats unless reasonably authorized by the ACO, giving consideration to the size,
shape, locations and ability to maintain the feral cat colony on the property_
(e) In the event a caregiver is found by the ACO to have violated any provision of this article, or failed to
comply with any of its provisions, the ACO may require the caregiver to cease, desist and rectify
their violation, or terminate their designation as a caregiver, depending on the severity of the
violation. If abatement of the violation is appropriate, the caregiver shall be issued a notice of
noncompliance specifying that the caregiver has forty-eight hours within which to provide a written
response to the ACO specifvinq the steps to be taken by the caregiver to come into compliance with
the provisions of this article within a thirty -day period. The AGO may grant one thirty -day extension if
the caregiver demonstrates a good faith effort to comply, and the ACO feels that compliance may be
achieved within the thirty -day extension period. The caregiver shall make an action report to the
ACO at the end of each thirty -day period or when compliance is achieved, whichever occurs first. if
the ACO determines that the violation is sufficiently serious to warrant termination of the caregiver
designation, a notice of such termination shall be provided to that person,
(f) If compliance with the provisions of this article are not achieved as provided in subsection (d) of this
article, or if termination as a caregiver is otherwise warranted, the ACO shall cause a notice of
termination to be either personally delivered to the caregiver or mailed to the caregiver by certified
mail, return receipt requested, at the address provided by the caregiver on their current application
for such designation. Compliance with this subsection by personal delivery shall be effective upon
delivery; compliance with this subsection by mailing shall be effective on the day first delivered to the
recipient's address. Termination of designation as a caregiver by the ACO may be appealed to the
County Administrator's office by such person by providing notice of the appeal in writing stating the
basis for the appeal within ten calendar days of delivery of the notice of termination as required in
this subsection.
(g) For purposes of this article, and except as providing in this section, a person who has been
designated as a caregiver shall not be considered an owner or a custodian of the feral cats for which
they are providing care.
(h) The provisions of this section do not grant to caregivers any authority to enter upon the property of
others without the property owner's permission.
(i) In the event the ACO becomes aware, either through a compliant or personal observation, of a feral
cat or feral cat colony, he shall make a reasonable attempt to determine if a suspected feral cat or
feral cat colony has a caregiver who will comply with this section. If, after making such an attempt,
no caregiver is identified or is willing to comply with the provisions of this section, the ACO shall take
all necessary action to obtain permission from the property owner(s) to enter upon the property to
capture and remove the feral cats, and to dispose of the captured cats in accordance with the
provisions of this chapter for the disposal of impounded animals
(j) Neither feral cats nor feral cat colonies may be maintained on property owned or controlled by the
county.
(k) Any person who violates subsection (b) of this section shall be subject to a civil penalty not to
exceed one hundred fifty dollars. (11-5-08 )
(STATE LAW REFERENCE --see Code of Va , § 3.2-6543.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia,
that Chapter 4, Buildings, is hereby amended and reenacted as follows:
CHAPTER 4. BUILDINGS.
Sec. 4-6, Existing buildings or structures.
(a) Inspections will be provided by the building official of the county of existing buildings or structures to
determine if same are in compliance with the requirements of the Uniform Statewide Building Code
at the request of the owner thereof upon payment to the county of a fee as shall be set forth in the
Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be
amended,.
(b) Issuance of certificates of compliance for existing elevators and associated equipment by the
building official of the county at the request of the owner upon receipt of adequate proof of inspection
in accordance with ASME Standards A17.2.1 and A17.2.2 and payment of a fee as shall be set forth
in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it
may be amended. (9-5-74; 9-21-00, Ord. No. 2010-12-C, 7-15-10,)
Sec. 4-6.1. Technology fee.
There shall be a percentage fee, as shall be set forth in the Isle of Wight County Uniform Fee Schedule,
as adopted by the Board of Supervisors, as it may be amended„ applied to permit fees for all categories
to support the purchase, maintenance and support for the equipment and software to facilitate
departmental ecommerce. (Ord No. 2011-16-C, 8-4-11.)
Sec. 4-7. Uncertified mobile homes.
There shall be a fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted
by the Board of Supervisors, as it may be amended, for the inspection of mobile homes manufactured
after January 1, 1972, that do not bear the proper inspect`on seals as approved by the Virginia
Industrialized Building Unit and Mobile Homes Safety Regulations, Article 5. The department of building
inspections, upon request of the dealer, shall inspect and certify unlabeled mobile homes as reasonably
safe to be used only in the county as directed by Article I, Section 103, of the Virginia Industrialized
Building Unit and Mobile Homes Safety Regulations. (11-15-74; Ord. No. 2010-12-C, 7-15-10_)
Sec. 4-7.1. Generally.
On all buildings, structures, alterations or repairs requiring a building permit, including plumbing, electrical
and mechanical installation, as defined in the Building Code, Plumbing Code, Electrical Code and
Mechanical Code as adopted by the slate and entitled the Uniform Statewide Building Code, fees shall be
paid as shall be set forum in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of
Supervisors, as it may be amended. (5-3-79; 11-19-80; 6-16-88; Ord. No, 2010-12-C, 7-1510_)
(STATE LAW REFERENCE —Code of Va., § 36-105.)
Sec. 4-8. Reserved
Sec. 4-9. Reserved
Sec. 4-10. Reserved
Sec. 4-10.1. Reserved
NOW, WHEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia,
that Chapter 6, Erosion and Sediment Control, is hereby amended and reenacted as follows:
CHAPTER 6. EROSION AND SEDIMENT CONTROL.
Sec. 6-13. Prerequisite bond, etc.
All control measures required by the provisions of this chapter shall be undertaken at the expense of the
owner or his agent, and pending such actual provision thereof, the owner or his agent shall execute and
file with the administrator, prior to issuance of the land disturbing permit, an agreement and bond or
agreements and bonds in an amount determined by the administrator equal to the approximate total cost
of providing erosion and sedimentation control improvements plus ten percent, with surety approved by
the county attorney, guaranteeing that the required control measures will be properly and satisfactorily
undertaken. A surety administration fee, as shall be set forth in the Isle of Wight County Uniform Fee
Schedule, as adopted by the Board of Supervisors, as it may be amended shall be paid prior to issuance
of the land -disturbing permit, The administrator may waive the surety administration fee
Within sixty days of the adequate stabilization of the land -disturbing activity, as determined by the permit -
issuing authority, such bond, cash escrow letter of credit or other legal arrangement or the unexpended or
unobligated portion thereof shall be refunded to the owner or his agent or terminated, as the case may
be.
Should the applicant fail, after proper notice, within the time specified to initiate or maintain appropriate
conservation action, which may be required of him by the approved plan as a result of his land -disturbing
activity, the permit -issuing authority may take such conservation action at the applicant's expense. If the
permit -issuing authority takes such conservation action upon such failure by the permittee, the agency
may collect from the permittee an amount equal to the difference between the amount of the reasonable
cost of such action and the amount of the security held (4-19-07 )
Sec. 6-14 Issuance; fees.
No person shall engage in any land -disturbing activity, as defined in section 6-3, within the county until he
has acquired a land -disturbing permit and paid a fee for same to the county an amount as shall be set
forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it
may be amended, per acre of land disturbed. No land -disturbing permit shall be issued until the applicant
submits with his application, an approved erosion and control plan and certification that the plan will be
followed_
Agencies authorized under any other law to issue grading, building or other permits for activities involving
land disturbing activities may not issue any such permit unless the applicant submits with his application
an approved erosion and sediment control plan and certification that the plan will be followed. Issuance of
a land -disturbing permit is conditioned on receiving an approved erosion and sediment control plan and
certification that the plan will be followed at the time of application for such permit and, in addition, the
requirements of section 6-13 concerning a performance bond, cash escrow, letter of credit, any
combination thereof, or such other legal arrangement as is acceptable under the provision of section 6-
13 and to the fees herein levied for land -disturbing activities_ In addition, as a prerequisite to issuance of a
land disturbing permit. the person responsible for carrying out the plan shall provide the name of the
responsible land disturber. who shall be in charge of and responsible for carrying out the land disturbing
activity, in accordance with the approved plan_
An engineering services agreement, as adopted by the board of supervisors, shall be executed at the
time of filing erosion and sediment control plans.
These requirements are in addition to all other provisions related to the issuance of permits and are not
intended to otherwise affect the requirement for such permits- (4-19-07.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia,
that Chapter 7, Fire Protection, is hereby amended and reenacted as follows:
CHAPTER 7. FIRE PROTECTION.
Sec. 7-1.2. Emergency ambulance transportation service fees.
(a) In accordance with Section 32.1-111.14 of the Code of Virginia (1950, as amended), the provisions
of this section are deemed necessary to assure that adequate emergency services are provided to
ensure the health, safety and general welfare of Isle of Wight County citizens.
(b) Definitions. The following definitions shall apply for purposes of this section:
Advanced life support level 1\ or ALS -1. Medical treatment or procedure services provided to a
patient beyond those defined in "basic life support" or "BLS," but shall not include those services set
forth in "advanced life support level 2" or "ALS -2."
Advanced life support level 21 or ALS -2. Those advanced life support (ALS) services provided to a
patient beyond ALS -1 including the following procedures: (i) manual defibrillationlcardioversion; (ii)
endotracheal intubation; (iii) central venous line; (iv) cardiac pacing; (v) chest decompressions, (vi)
surgical airway; or (vii) intraosseous line, and the administration of three or more medications of any
kind.
Basic life support\ or BLS. Medical treatment or procedure services provided to a patient as defined
by the National Emergency Medicine Services (EMS) Education and Practice Blueprint for the
Emergency Medical Technician (EMT) -Basic
Ground transportation mileage\ or GTM. The assessed travel distance, in statute miles, from the
location of the incident scene, or center point of a fire demand zone where an incident scene or
address is located, to a hospital or other medical facility where a patient is transported,
(c) The schedule of fees for ambulance transportation services provided by the Isle of Wight County
department of emergency management shall be as set forth in the Isle of Wight County Uniform Fee
Schedule, as adopted by the Board of Supervisors, as it may be amended,.
(d) The chief of emergency services is hereby authorized and directed to establish such rules and
regulations as may be necessary for the administration of the charges imposed by this section,
including, but not limited to, billing and repayment procedures. (2-17-05, 4-19-07; Ord. No_ 2012-1-
C, 2-16-12.)
NOW, THEREFORE, BE. IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia,
that Chapter 8, Garbarge, Weeds and Litter, is hereby amended and reenacted as follows:
CHAPTER 8. GARBAGE, WEEDS AND LITTER.
Sec. 8-18. Fee; term.
The fee for a license under this article shall be as shall be set forth in the Isle of Wight County Uniform
Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, and all licenses shall be
issued for the calendar year, or such portion thereof as shall remain after the issuance thereof. There
shall be no reduction in the fee for a license issued after the beginning of any calendar year. (8-21-06.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia,
that Chapter 10, Licenses, is hereby amended and reenacted as follows:
CHAPTER 10. LICENSES.
Sec. 10-35. License --Generally.
(a) Every person defined as a peddler under this division shall apply for a license to the commissioner of
revenue in conformity with the following schedule:
(1) A license tax of fifty dollars per annum shall be imposed upon all peddlers not otherwise
exempt or elsewhere provided for who sell or offer for sate food items, plants or flowers;
(2) A license tax of five hundred dollars per annarn shalt be imposed upon all peddlers not
otherwise exempt or elsewhere provided for who sell or offer for sale any item other than food,
plants or flowers_
(b) Every person defined as an itinerant merchant under this division shall apply for a license to the
commissioner of the revenue, who will issue such licenses upon the payment of a fee as shall be set
forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as
it may be amended.
(c) Any license for one year issued under subsections (a) and (b) of this section shall expire on
December 31 of the year in which issued, and no license tax shall be prorated. (Ord. No. 2010-14-C,
9-23-10.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia,
that Chapter 11, Motor Vehicles and Traffic, is hereby amended and reenacted as follows:
CHAPTER 11. MOTOR VEHICLES AND TRAFFIC.
Sec. 11-2.1. Reimbursement of expenses incurred in responding to DUI and related incidents.
(a) Any person convicted of violating any of the following provisions shall be liable for restitution at the
time of sentencing or in a separate civil action for reasonable expenses incurred by the Isle of Wight
County, including by the sheriffs office, or by any county volunteer fire or rescue squad, or by any
combination of the foregoing, when providing appropriate emergency response to any accident or
incident related to such violation:
(1) The provisions of sections 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1, 29.1-738, 29.1-738.02,
or 46,2-341,24 of the Code of Virginia (1950, as amended), or a similar ordinance, when such
operation of a motor vehicle, engine, train or watercraft while so impaired is the proximate
cause of the accident or incident;
(2) The provisions of article 7 (section 46.2-852 et seq.) of chapter 8 of title 46 2 of the Code of
Virginia (1950, as amended), relating to reckless driving, when such reckless driving is the
proximate cause of the accident or incident;
(3) The provisions of article 1 (section 46.2-300 et seq.) of chapter 3 of title 46.2 of the Code of
Virginia (1950, as amended) relating to driving without a license or driving with a suspended or
revoked license; and
(4) The provisions of section 46.2-894 of the Code of Virginia (1950, as amended), relating to
improperly leaving the scene of an accident.
(b) Personal liability under this section for reasonable expenses of an appropriate emergency response
shall not exceed one thousand dollars in the aggregate for a particular accident or incident. In
determining the "reasonable expenses," the county may bill a flat fee as shall be set forth in the Isle
of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be
amended, or a minute -by -minute accounting of the actual costs incurred. As used in this section,
"appropriate emergency response" includes all costs of providing law enforcement, firefighting,
rescue, and emergency medical services. The provisions of this section shall not preempt or limit
any remedy available to the county, or to any volunteer rescue squad to recover the reasonable
expenses of an emergency response to an accident or incident not involving impaired driving,
operation of a vehicle or other conduct as set forth herein. (Ord No. 2010-1-C, 1-21-10.)
Sec. 11-13. Late payments; collections; penalties.
Any person failing to properly pay the license tax set forth herein shall be subject to late payment
penalties and/or a collection fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule,
as adopted by the Board of Supervisors, as it may be amended.
Any person violating any of the provisions of this article shall be deemed guilty of a Class 4 misdemeanor
(as defined by the Code of Virginia), and, upon conviction thereof, shall be punished by fine not to exceed
two hundred fifty dollars. A violation of this article may be discharged by payment of a fine except upon
presentation of satisfactory evidence that the required license tax has been paid. (1-4-68, § 17; 11-19-81,
§ 4; 8-16-90, § 4; 9-21-06; 4-19-07.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia,
that Chapter 11.1, Music or Entertainment Festivals, is hereby amended and reenacted as follows:
CHAPTER 11.1. MUSIC OR ENTERTAINMENT FESTIVALS.
Sec. 11.1-3. Permit—Required; application; fee.
(a) No person shall stage, promote or conduct any musical or entertainment festival in the
unincorporated areas of the county unless there shall have been first obtained from the board a
special entertainment permit for such festival.
(b) Application for such special entertainment permits shall be in writing, filed by the landowner and
promoter with the county administrator at least sixty days before the date of such festival. Such
application shall have attached thereto and made a part thereof the plans, statements, approvals
and other documents required by this chapter. An application fee as shall be set forth in the Isle of
Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be
amended, shall be paid to the county administrator at the time of the Ming of the application.
(c) The board shall act on such application or applications at the regular meeting of the board after
notice of public hearing thereon has been published at least once in a newspaper having general
circulation in the county. The application shall be approved or denied by the board within forty-five
days after first being considered by the board at a regular board meeting. The approval or denial
shall be issued in writing and mailed by the clerk to the applicant at the address indicated on the
application.
(d) Notwithstanding the foregoing, no person shall be required to obtain an entertainment permit for the
staging, promotion or conducting of any musical or entertainment festival in the Isle of Wight County
fairgrounds. The director of the Isle of Wight County department of parks and recreation shall,
however, set forth such regulations and requirements as may be necessary to ensure the health and
safety of all citizens or organizations using the Isle of Wight County fairgrounds, as may be amended
from time to time (3-2-78, § 3; 6-17-81, §§ 2, 3; 5-19-05 )
NOW, THEREFORE, BE IT FURTHER ORDAINED by the 14 , of Wight County Board of Supervisors, Virginia,
that Chapter 12, Offenses—Miscetlaneous, is hereby amended and reenacted as follows:
CHAPTER 12. OFFENSES -MISCELLANEOUS.
Sec. 12-1. Bad checks—Fee for writing to county.
Any person who utters, publishes or passes any check or draft for the payment of taxes or any other
sums due the county which is subsequently returned for insufficient funds or because there is no account
or the account has bean closed, shall pay a fee as shall be set forth in the Isle of Wight County Uniform
Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, to the county and all
check writing privileges, including the use of credit or debit cards, for such payments shall be suspended
for one year following the returned check date. (2-6-75; 11-15-01; 6-14-07; 11-19-09; Ord No_ 2011-12-
C, 7-7-11.)
(STATE: LAW REFERENCE: see Code of Va., § 15.2-106.)
NOW, THEREFORE, BE IT FURTHER 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.
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 and shall be as
set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors,
as it may be amended. When the meter size of the connection exceeds the sizes set forth in the fee
schedule, the applicant shall be required to pay a connection fee as determined by the county.
(b) Following an application for service within ninety days of the official connection notice, including
payment of fees, the connection fees due will be reduced to one-half of the connection fee amounts
set forth in the current rate schedule for properties that are developed at the time of the official
connection notice.
(c) Reserved.
(d) 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 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 general services.
(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.
(5-21-09; Ord. No, 2013-11-C, 6-20-13.)
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 systemr and shall have otherwise satisfied any county requirements respecting such
connections;
(b) Such person shall have applied for, and obtained, a permit;
(c) Such person shall have given the county and the department of 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;
(d) 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 other against the owner of each
improved property who connects such improved property who connects such improved property to a
sewer, has been paid.-
(e)
aid;(e) Prior to issuance of a final certificate of occupancy, an inspection and approval from the department
of general services is required;
(f) The person desiring sewer service shall sign a contract prepared for that purpose prior to receiving
sewer service. A separate contract shall be required for each premises;
(g) When a sewer customer executes a contract for initial sewer service, or moves a sewer service
account from one location to another, a fee as shall be set forth in the Isle of Wight County Uniform
Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, shall be charged for
establishing the new account and turning on the sewer at the new location, except as exempted
herein;
(h) All sewer service customers shall pay a deposit prior to the initiation of sewer service. except those
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, and any other
additional fees charged on the sewer bill, is being requested for four months. The amount of said
deposit shall be determined administratively, and adjusted from time to time as necessary;
(i) 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;
0) A customer may be exempted from the payment of deposit or new account fee if:
(1) The customer was on private sewer 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 sewer system;
(2) The customer was on a private sewer system acquired by the county, and the former owner of
said system certifies to the satisfaction of the county as to the customer's satisfactory payment
record; or
(3) A customer has established a satisfactory credit rating with the county via an existing or
previous sewer account. (5-21-00; Ord. No, 2010-4-C, 3-24-10; Ord. No. 2013-11-C, 6-20-13.)
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 and shall be based upon a per building or per dwelling unit basis. Sewer
rental charges applicable to the property shall begin to accrue as of the date of connection. Sewer rental
charges shall be as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by
the Board of Supervisors, as it may be amended. (5-21-09,' Ord. No. 2010-4-C, 3-24-10; Ord. No. 2010-
10-C, 6-17-10, Ord, No, 2011-6-C, 4-7-11; Ord_ No. 2013-11-C. 6-20-13.)
Sec. 14-46. Collection of unpaid sums.
In the event customer's account is placed for collection, customer shall be liable for, in addition
to fees charged for termination of service as shall be set forth in the Isle of Wight County Uniform Fee
Schedule, as adopted by the Board of Supervisors, as it may be amended„ an administrative fee as shall
be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors,
as it may be amended„ 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. (5-21-09.)
Sec. 1499. Fees.
(a) Fees provided for in this article are separate and distinct from all other fees chargeable by the
County of Isle of Wight. Fees applicable to this article are as follows:
(1) FSE registration fees shall be in an amount as shall be set forth in the Isle of Wight County
Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, and
shall be payable at the time of submittal of the registration,
(2) FSE inspection and reinspection fees shall be as shall be set forth in the Isle of Wight County
Uniform Fee Schedule, as adopted by the Board of Supervisors. as it may be amended.
Such fees shall be due upon invoice by the County of Isle of Wight. Such fees may be added
to the FSE's public service bill.
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia,
that Chapter 14.1, Streets, is hereby amended and reenacted as follows.
CHAPTER 14.1. STREETS.
Sec. 14.1-12. Administration.
(a) The county administrator or his agent is hereby designated as the agent of the board of supervisors
responsible for the administration, implementation and enforcement of this article.
(b) The board of supervisors shall establish street names following public hearings and only after
recommendation by the planning commission. Any request for change of names of existing streets
shall be made to the planning commission which shall, by appropriate committee, review same and
then after public hearing make its recommendation to the board of supervisors. The board of
supervisors shall again hold a public hearing upon any request for street name change prior to
making such a change. Any request for street name change of any existing street, private or public,
shall require a petition signed by a majority of the landowners on said street accompanied by
a fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the
Board of Supervisors, as it may be amended, made payable to the County of Isle of Wight All street
names for new subdivision roads in new subdivision plats may be established by the agent. All street
names shall be in accordance with the guidelines established herein. (10-1-87, § 2; 8-17-89. § 2; 3-
7-91.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia,
that Chapter 15, Taxation, is hereby amended and reenacted as follows:
CHAPTER 15. TAXATION.
Sec. 15-5.1. Fee to cover administrative costs and reasonable attorney's or collection
agency's fees in collection of delinquent taxes.
There is imposed upon each person chargeable with delinquent taxes or other delinquent
charges, fees to cover the administrative costs and reasonable attorney's or collection agency's fees,
actually contracted for. The attorney's or collection agency's fees shall be twenty percent of the taxes or
other charges so collected_ The administrative costs shall be in addition to all penalties and interest, and
shall be as set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of
Supervisors, as it may be amended, not to exceed thirty dollars for taxes or other charges collected
subsequent to thirty or more days after notice of delinquent taxes prior to the taking of any judgment with
respect to such delinquent taxes or charges, and thirty-five dollars for taxes or other charges collected
subsequent to judgment. If the collection activity Is to collect on a nuisance abatement lien, the fee for
administrative costs shall be as set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by
the Board of Supervisors, as it may be amended, or twenty-five percent of the costs, whichever is less;
however, in no event shall the fee be less than twenty-five dollars_ (11-6-86; 8-6-92; 10-20-94; 4-18-02;
12-18-08.)
(STATE LAW REFERENCE: see Code of Va., § 58.1-3958.)
Sec. 15-7.2. Exemption for rehabilitated commercial or industrial real estate.
Real estate which has been substantially rehabilitated for commercial or industrial use is exempted from
taxation of real estate upon the terms subject to the conditions as hereinafter prescribed.
(a) A partial exemption from real estate taxes is provided for qualifying real estate which has been
substantially rehabilitated for commercial or industrial use in accordance with this section. For the
purposes of this section, real estate shall be deemed to have been substantially rehabilitated when a
commercial or industrial structure on said real estate, which is no less than thirty years of age, has
been so improved as to increase the assessed value of the structure by no less than twenty-five
percent, but without increasing the total square footage of such structure by more than fifteen
percent.
(b) As a requisite for qualifying for partial tax exemption for rehabilitation of a commercial or industrial
structure, the owner of such structure shall, at the time he applies for a building permit to rehabilitate
such structure, file with the commissioner of revenue an application to qualify such structure as a
rehabilitated commercial or industrial structure. The application to qualify for the rehabilitated
commercial or industrial structure tax exemption shall be on a form approved by the commissioner of
revenue and must be accompanied by a payment of a fee as shall be set forth in the Isle of Wight
County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended„ to
be applied to the cost of processing such application. Such application shall be filed prior to the
commencement of the rehabilitation.
(c) After the rehabilitation has been completed the owner shall submit a written request to the
commissioner of revenue to inspect the structure to determine if it then qualifies for the rehabilitated
property exemption. Such inspection and determination shall be made by the commissioner of
revenue within sixty days after such written request is submitted. If the property qualifies for such
exemption then the tax exemption shall become effective beginning January 1 of the next calendar
year and shall run with the real estate for a period no longer than five years.
(d) The exemption provided in this section shall be an amount equal to the increase in assessed value
resulting from the rehabilitation of the structure as determined by the commissioner of revenue and
this amount only shall be applicable to any subsequent assessment or reassessment. The owner of
property qualifying for partial exemption from real estate taxes because of rehabilitation of a
structure shall be issued a credit memorandum by the county treasurer for each year of the five year
period of exemption from real estate taxes. An increase in assessment occurring after the first year
of such rehabilitation exemption shall not qualify for an increase in such exemption.
(e) Nothing in this section shall be construed as to permit the commissioner of revenue to list upon the
land book any reduced value due to the aforesaid exemption.
(f) No property shall be eligible for such exemption unless the appropriate building permits have been
acquired and the commissioner of revenue has verified that the rehabilitation indicated on the
application has been completed.
(g) No improvements made upon vacant land nor total replacement of commercial or industrial
structures shall be eligible for partial exemption from real estate taxation. (10-17-91.)
Sec. 15-16.2. Imposed; amount; purpose.
There is imposed and levied, upon every consumer of local telephone service, or services provided by
any corporations subject to the provisions of Tille 58.1, Chapter 26 (§ 58.1-2600, et seq.), a
monthly fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the
Board of Supervisors, as it may be amended. Any subscriber to individual telephone services who resides
in a nursing home or similar adult care facility is exempted from the payment of the tax. (9-15-88, § 2; 3-
16-95; 1-26-2001.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia,
that Chapter 16, Tylers Beach Boat Harbor, is hereby amended and reenacted as follows:
CHAPTER 16. TYLERS BEACH BOAT HARBOR,
Sec. 16-6. Landing or dock.
The landing or dock at the north end of the basin of the boat harbor is hereby reserved. established and
declared as and for a public landing and dock for general public use and occupancy by any and all boats
and vessels without any charge therefor, unless otherwise set forth herein, and which shall be so
identified by appropriate signs; provided, that such use and occupancy of such public landing and dock
shall be subject to and regulated and controlled by this chapter and the rules and regulations of the
board; and provided further, that wharfage for in- or out -bound cargo placed on the public landing and
dock and the wharfage for all boats and vessels thereat shall not exceed the time fixed by the board,
without charge, and cargo and boat wharfage charges for the use and occupancy of such public landing
and dock in excess of the time fixed by the board shall be fixed by the director of parks and recreation.
For such boats and vessels that remain at the landing or dock in excess of the time fixed by the director
of parks and recreation, proper registration with the county shall be required by making application to the
director of parks and recreation. All such boats and vessels shall maintain a valid and current stale
registration. In addition, such boats or vessels shall be charged a fee as shall be set forth in the Isle of
Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, for
the use of county -supplied electricity to be used, without limitation, by such boats or vessels. (10-5-67; 9-
19-02; Ord. No. 2011-4-C, 3-3-11,)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia,
that Chapter 16.1, Water, is hereby amended and reenacted as follows:
CHAPTER 16.1. WATER.
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 -five -dollar penalty shall apply for each disconnection in addition to the payment of the
outstanding water bill, any outstanding late charges by the customer to the county, and the water
service customer shall pay a deposit, as specified in section 16,1-17. 1f 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 fee as shall be set forth in
the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may
be amended, 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. All costs to repair any
damage as a result of the illegal connection shall be the responsibility of the customer.
(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: Ord. No. 2010-6-C, 3-24-10; Ord, No. 2012-6-C, 6-28-
12; Ord. No. 2013-8-C, 6-20-13,)
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 a connection and tap fee as shall be set forth in the Isle of Wight County Uniform
Fee Schedule, as adopted by the Board of Supervisors, as it may be amended. The connection
charges shall be determined by the meter size for domestic use only. When the size of the
connection exceeds the sizes set forth in the Uniform Fee Schedule, the 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 ownerldeveloper and in which the ownership of the water system and related
appurtenances has been conveyed to the county, up to and including two inches, the
ownerldeveloper 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 fees, for existing single-family
residential services is made within ninety days after receipt of official county connection notice, the
connection fees due will be reduced to one-half of the amounts in subsection (a) of this section, or
as otherwise approved by the director of general services.
(d) When the application for residential connection is made within ninety days of receipt of the official
county connection notice, the applicant may pay the connection 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 rale 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 properly 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 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.
(f) Projects served by master meter may be: Single-family, duplexes, apartments, condominiums,
mobile home parks, hotel, motel, travel trailer complex, hospital, nursing homes, shopping centers,
strip malls, etc.
(g) Upon payment of the connection fee, the county will install water line taps and service lines for
residential cannPrtinns that rin not axr.PPd a three -Quarter -inch meter size at no cost to the owner of
the improved property to be connected. Charges for water line taps that require the work of
subcontractors to the county will be billed to the owner of the improved property at the actual cost of
service. The 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 to install the residential water service.
(h) All costs and expenses to install all other water services shall be borne by the owner of the improved
property to be connected and such owners shall indemnify and save harmless the county from all
loss or damage that may be occasioned, directly or indirectly, as a result of construction to install the
water service. (11-21-96; 6-17-99; 4-25-00; 9-20-01; 6-20-02; 1-16-03; Ord, No_ 2010-6-C, 3-24-10:
Ord. No. 2012-6-C, 6-28-12.)
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)
remises:(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 premises.
(b) When a cislomer executes a contract for initial water service, or moves water service account from
one location to another, a new account fee as shall be set forth in the Isle of Wight County Uniform
Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, 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 wafer service, except those as exempted
herein. The customer desiring water service shall deposit with thE3 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 (section 16.1-17(c)) or new
account fee (section 16.1-17(b)) if the customer was an 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 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
payments. Upon the satisfactory completion of the six consecutive billing cycles said deposits may
be credited to the next bill, provided all outstanding debts have been paid for all county services and
taxes.
(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 as may be set
forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as
it may be amended,.
(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.
(i) All customers desiring new water service are responsible for making certain the plumbing on the
private side of the water meter meets the most current plumbing code_
(j) All customers are responsible for their plumbing on the private side of the water meter including any
improvements or modifications made necessary by connection to the county system or to
accommodate county initiated system changes. (11-21-96; 7-17-03; Ord, No. 2010-6-C, 3-24-10;
Ord. No. 2012-6-C, 6-28-12.)
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 as shall be set forth in the Isle of
Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be
amended, 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. (5-21-09.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia,
that Chapter 16.2, Weapons, is hereby amended and reenacted as follows:
CHAPTER 16.2. WEAPONS.
Sec. 16.2-1. Concealed handgun permits.
Pursuant to section 18.2-308 of the Code of Virginia of 1950, as amended, any person twenty-one years
of age or older may apply in writing to the clerk of the circuit court of the county of Isle of Wight, Virginia, if
lie resides therein, for a permit to carry a concealed handgun. As a condition thereof, the applicant shall
submit to fingerprinting by the sheriffs department of Isle of Wight County, Virginia and provide personal
descriptive information to be forwarded with the fingerprints through the Central Criminal Records
Exchange to the Federal Bureau of Investigation for the purpose -of obtaining criminal history records
information regarding the applicant and obtaining fingerprint identification information from federal records
pursuant to criminal investigations by state and local law enforcement agencies.
Upon return of the fingerprint cards to the sheriffs department by the state police, the sheriffs department
shall then promptly notify the applicant that he has twenty-one days from the date of the notice to request
return of the fingerprint cards. All fingerprint cards not claimed by the applicant within twenty-one days of
notification by the sheriffs department shall be destroyed. Fingerprints taken for the purposes described
in this section shall not be copied, held or used for any other purposes.
The full amount assessed for processing an application for a permit shall be fifty dollars to be paid in one
surn to the clerk of the circuit court. Out of this amount, the clerk shall retain ten dollars for processing the
application and issuing the permit. The sheriffs department of Isle of Wight County. Virginia, will be paid
thirtv-five dollars to cover the cost of conductinn the investigation pursuant to this section. The thirty-five
dollars shall include any amount assessed by the Federal Bureau of Investigation for providing criminal
history record information and the sheriffs department shall forward the amount assessed by the Fcderal
Bureau of investigation to the state police with the fingerprints taken from the applicant_ A fee as shall be
set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it
may be amended, shall be paid to the state police to cover their costs associated with processing the
application. (7-17-97.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia,
that Chapter 17, Wetlands Zoning, is hereby amended and reenacted as follows:
CHAPTER 17. WETLANDS ZONING.
Sec. 17-3. Application for use permits—Generally.
(a) Any person who desires to use or develop any wetland within this county, other than for the purpose
of conducting the activities specified in section 17-2 of this chapter, shall first file an application for a
permit directly with the wetlands board or with the commission.
(b) The permit application shall include the following: the name and address of the applicant; a detailed
description of the proposed activities; a map, drawn to an appropriate and uniform scale, showing
the area of wetlands directly affected, the location of the proposed work thereon, the area of existing
and proposed fill and excavation, the location, width, depth and length of any proposed channel and
disposal area, and the location of all existing and proposed structures, sewage collection and
treatment facilities, utility installations, roadways, and other related appurtenances or facilities,
including those on adjacent uplands; a description of the type of equipment to be used and the
means of equipment access to the activity site; the names and addresses of owners of record of
adjacent land and known claimants of water rights in or adjacent to the wetland of whom the
applicant has notice; an estimate of cost; the primary purpose of the project; any secondary
purposes of the project, including further projects; the public benefit to be derived from the proposed
project; a complete description of measures to be taken during and after the alteration to reduce
detrimental off-site effects; the completion date of the proposed work, project or structure; and such
additional materials and documentation as the wetlands board may require_
(c) A nonrefundable processing fee to cover the cost of processing the application, in an amount as
shall be set forth in the Isle of Wight County uniform Fee Schedule, as adopted by the Board of
Supervisors, as it may be amended, shall accompany each application. (3-4-93, § 4.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia,
that Appendix A, Subdivisions, is hereby amended and reenacted as follows;
APPENDIX A. SUBDIVISIONS.
3.2. Review and approval procedures.
3.2.1.General.
A. Authority to file applications.
1. Applications may be initiated by the owner of the land being subdivided or the owner's
authorized representative. The subdivision agent may require an applicant to present evidence
of authority to submit the application.
2. All real estate taxes and any outstanding fees or charges shall be current prior to submission
of an application for any activity regulated under this ordinance.
B. Pre -application conference.
1. Before submitting an application for development approval, it is recommended that each
applicant schedule a pre -application conference with the subdivision agent to discuss the
procedures, standards and regulations required for development approval in accordance with
this ordinance.
2. A mandatory pre -application conference with the subdivision agent shall be required for the
following development reviews:
a. Any subdivision that will require public infrastructure; and
b. All applications for major subdivision.
C. Application requirements. ..... The following requirements shall apply to all applications for
subdivision approval. Applications for reapproval of an expired approval shall be processed in the
same manner as any other application.
Forms....., Applications required under this ordinance shall be submitted on forms and in such
numbers as required by the appropriate department. All forms shall include, at a minimum, the
following information:
a. Contact information for the individual or firm submitting the application and all property
owners, including principals of a corporation or other entity.
b. Contact information for the individual or firm on whose behalf the application is being
submitted.
C. Identification of the property affected by the application, such as a legal description,
address, or parcel identification as may be appropriate.
d. Any other information required by the subdivision agent or the provisions of this
ordinance.
e. A full listing of application requirements may be found in appendix B of this ordinance.
Fees.
a. Filing fees shall be as set forth in the Isle of Wight County uniform Fee Schedule, as
adopted by the Board of Supervisors, as it may be amended, in order to defray the
actual cost of processing the application,
Fees Shall be paid with the appropriate departmeiii.
C. An applicant who has paid the appropriate fee pursuant to the submission of an
application, but who chooses to withdraw such application prior to its distribution for
review shall be entitled to a refund of the total amount paid, less ten (10) percent for
administrative costs, upon written request to the appropriate department. Once
distribution for review has bequn, no refund shall be available.
Applications sufficient for processing.
Applications shall contain all required information listed on forms available from each
department involved in the review process, unless modified by the department, in
writing, pursuant to item b., below. Incomplete applications shall not be entitled to
review.
The presumption shall be that all of the information required in the application forms is
necessary to satisfy the requirements of this section. However, it shall be recognized
that each application is unique, and therefore more or less information may be required
according to the needs of the particular case. The applicant may rely on the
recommendations of the appropriate department as to whether more or less information
should be submitted.
C. Once the application has been determined sufficient for processing, copies of the
application shall be distributed by the subdivision agent to the appropriate reviewing
entities.
4. Development review meeting after application submitted.
Upon receipt of comments from appropriate review entities, the subdivision agent may
convene a development review meeting including all appropriate review agencies, which
may include the applicant, to ensure compliance with the following -
1. The applicable requirements of this ordinance;
2. That the applicant has submitted all of the information helshe intends to submit;
and
That the application represents precisely and completely what the applicant
proposes to do.
Once the subdivision agent deems that all options have been exhausted to address all
review comments and recommendations, and all requirements have been met the
application shall be placed on the agenda of the appropriate reviewing board,
department, or committee in accordance with standard procedures. However_ if the
subdivision agent believes the application is incomplete, a recommendation to deny the
application on that basis shall be provided to the appropriate board, department, or
committee.
Related or concurrent applications.
a. Applications for necessarily related development approvals may be filled and reviewed
simultaneously, at the option of the applicant. Any application that also requires a
rezoning shall not be eligible for final approval until the rezoning has been granted (see
section 3.2.3.C, zoning requirements).
Related applications submitted simultaneously are subject to approval of all other
related applications; deferral or denial of any concurrently submitted application shall
slop consideration of any related applications until the deferred or denied application is
resolved.
D. Notice and public hearings
Summary of notice required..... Notice shall be required for applications for development
approval as shown in the table below*
Published as#ed
Major subdivision - Preliminary plat approval
Waiver — -
Subdivision ordinance text amendment
2. Public notice requirements.
a. Published notice...... Published notice shall be provided in conformance with Section
15.2-2204 of the Virginia Code. A distinctive advertisement shall he placed in a local
newspaper of general circulation once a week for two (2) successive calendar weeks,
the first notice being published not more than twenty-one (21) days before the date fixed
for the public hearing and the second notice being published at least five (5) days before
the hearing. At minimum, the notice must contain the following information. -
1 )
nformation.-
1) The time, date and location of the public hearing;
2) A description of the action requested;
3) A phone number to contact the county; and
4) A statement that interested parties may appear at the public hearing,
b_ Posted notice_ _.... In addition to notice of hearings as required by the applicable statutes
of the Commonwealth of Virginia. when posted notice is required, the applicant must
erect on or immediately adjacent to the subject property a sign or signs as specified
below giving public notice of the action required.
1) The sign must meta the following criteria:
[a) Reserved.]
b) The wording, size and co`.or of such sign shall be as specified by the
subdivision agent and approved by the board of supervisors.
C) One (1) sign must be erected so as to be visible and legible to each
abutting public street. Where the property has extensive road frontage,
one (1) sign shall be erected for each five hundred (500) feel of frontage.
d) When a property has no frontage directly on a public street, it shall be
posted adjacent to the nearest public street from which future access is
contemplated.
2) Signs must be erected at least seven (7) calendar days before the hearing where
the application is to be considered and removed by the applicant within two (2)
days after the final public hearing on the application
3) Signs are required for each hearing at which the application is considered.
4) It is unlawful for any person to pull down, write on, cut or otherwise injure or
deface required posted notice, wh;ch will constitute violation of this ordinance
a) The applicant is responsible for the maintenance or replacement of signs
obliterated or destroyed during the posting period_
5) The additional requirements for public notice and posting on the property are for
the benefit of the public to identify the location of the property in question and
advanced knowledge of a hearing only: and is not a legal requirement of notice.
The failkire to comply with the provisions herein does not defeat the action of the
approving authority concerning the application The only legal notice
requirements are those providEd by the statutes of the Commonwealth of
Virginii.:.
3. Constructive notice. ..,,. Minor defects in notice shall not impair the notice or invalidate
proceedings pursuant to the notice if a bona fide attempt has been made to comply with
applicable notice requirements.
E. Required hearings and meetings...... A hearing shall be required for development review as shown
in the table below:
rocedure'— Planning hoard of
_ lGommission Supervisors
Major su_b_ division __Preliminary plat approval Public meeting Public meeting
Waiver Public meeting Public meeting
Subdivision ordinance text amendment Public hearing Public hearing
Appeal of administrative decision , Public hearing
F. Notice of decision_ ..... Within fourteen (14) days after a decision is made, a copy of the decision
shall be sent to the applicant.
G. Withdrawal or postponement of application.
1. An applicant may withdraw an application at any time, by filing a statement of withdrawal with
the subdivision agent
2. The statement of withdrawal shall be signed by all persons who signed the application, or in
the event of death or incompetence, by the estate's lawful personal representative_
3_ An applicant may postpone a scheduled hearing once per application for up to ninety (90)
days after the date the first hearing was schedu":ed to occur, after which the subdivision agent
may withdraw the application.
3.2. Review and approval procedures.
3.2.6. Subdivision, preliminary plat review and approval.
A. Applicability, preliminary plat required, ..... A Preliminary Plat shall be required for all subdivisions
except family member subdivisions (see section 3,2.4_ above)_
B. Pre -application conference. A pre -application conference is encouraged for all subdivision
applications and may be required (see section 3.2 1.13)
C.
L"
E.
Application requirements
1. General.
a. An application for preliminary plat shall be filed in conformance with section 3.2.1.C. A
listing of the minimum required information to be included in the preliminary plat may be
found in article 4, plat requirements and more specifically in section 4.2.2, preliminary
plat requirements.
b. All required application and review fees shall be paid by the applicant as shall be set
forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the Board of
Supervisors, as it may be amended.
2. Preparer. .... The preliminary plat shall be prepared by a land surveyor or other person(s)
licensed by the state board for the examination and certification of architects, professional
engineers and land surveyors to do land surveying as defined by Section 54.1-406 of the
Code of Virginia, as amended, who shall endorse upon each plat a signed certk'ficate setting
forth the source of the title of the land subdivided, and the plat of record of the last instrument
in the chain of title When the proposed plat is comprised of land acquired from more than one
(1) source of title, the outlines of the several tracts shall be indicated upon the preliminary plat,
within an inset block, or by means of a dotted boundary line upon the preliminary plat.
Owner's statement...... In conformance with Section 15.2-2264 of the Code of Virginia, every
such preliminary plat, or the deed of dedication to which the preliminary plat is attached, shall
contain a statement to the effect that the subdivision as it appears on this preliminary plat is
with the free consent and in accordance with the desires of the owners, proprietors and
trustees, if any. This statement shall be signed by the owners, proprietors and trustees or their
duly authorized agent, and shall be duly acknowledged before some officer authorized to take
acknowledgements of deeds_ If the preliminary plat is incorporated by reference to a deed, the
signatures of the owners on the deed will suffice to show that the subdivision is with their free
consent and in accordance with their desires.
Subdivision types.
Minor subdivisions...... Any subdivision involving fewer than ten (10) lots which satisfies the
following requirements may be considered a minor subdivision:
a. No new public or private streets are created;
b. No public stormwater facilities for water quality or quantity are required; and
C. No new public utilities are to be installed.
2. Major subdivisions. ..... Any subdivision not meeting the definition of family member
subdivision (as defined in section 3.2.4) or minor subdivision is considered a major
subdivision.
3. Clusterlsliding scale "by -right" subdivisions...... Any subdivision meeting the requirements of
section 3.2.3.C.
Approving authority.
Minor subdivision - Administrative approval...... The subdivision agent shall have the authority
to approve preliminary plat applications for minor subdivision (see section 3.2.6.D.1, above).
Major subdivision. ..... The board of supervisors shall be the approving authority for
applications for major subdivision following a recommendation by the planning commission
(see section 3.1.1.A, above).
3. Clusterlsliding scale "by -right" subdivisions - Administrative approval. ..... The subdivision
agent shall have the authority to approve clusterlsliding scale "by -right" applications.
F. Public notice.
Public notice shall be provided in conformance with the table in section 3.2.1.D. At minimum,
all applications to be acted upon at a hearing before the planning commission (see section
3.2.1.E) shall be advertised.
2. Notification may also be required to the Virginia Department of Transportation, Isle of Wight
County School Board, Isle of Wight County Health Department, or any other agency with
review or approval authority on the application.
G. Action by subdivision agent.
1. Review agencies (internal and external) shall review the preliminary plat application to
determine whether or not the preliminary plat generally conforms to the requirements of this
subdivision ordinance, the zoning ordinance, and other applicable rules and regulations, and
transmit comments back to the subdivision agent, This review may include a meeting with the
applicant.
2. Within sixty (60) days of receipt of a completed application, the subdivision agent shall provide
written comments to the applicant stating any revisions that will be required, and the character
and extent of public improvements that will have to be made, A bona fide estimate of the cost
of construction or improvements must be furnished by the applicant upon submittal of the
construction plan. The amount of the performance bond (if required) must be reviewed and
approved as a prerequisite to approval of the final plat. In determining the cost of required
improvements and the amount of the performance bond (if required), the agent may consult
with a duty licensed engineer who shall prepare this data for the agent.
3. if the subdivision agent determines that only minor corrections to the application are required,
the agent may approve the preliminary plat (minor subdivision) with conditions that the
corrections be remedied prior to final plat approval, or schedule the application for review at
the next regularly scheduled planning commission meeting (major subdivision). If required
corrections are extensive, the applicant shall correct the preliminary plat before further action
is taken by the subdivision agent.
H. Action by other review bodies.
1. Upon receipt of a completed application, the subdivision agent shall transmit copies of the
application to all other agencies and entities with review authority over the proposed
subdivision. This may include, but is not limited to'
Isle of Wight County Superintendent of Schools;
b. Isle of Wight County Health Department;
G. Virginia Department of Transportation (VDOT);
d. Virginia Department of Conservation and Recreation (VDCR);
e. Virginia Department of Environmental Quality (VDEO); and
f. Virginia Marine Resources Commission (VMRC).
It will be the responsibility of the applicant to obtain required permits from the U.S. Army Corps
of Engineers and submit plats to them accordingly_
2. The review body shall review the application for conformance with all of its pertinent rules and
regulations and provide written comments to the subdivision agent. It is anticipated that
external review of an application will be completed in thirty (30) days or less_ However,
additional time may be required due to the scope of complexity of an application. Appeals of
decisions or comments made by external review entities may be taken in the manner provided
by the specific entity.
Action by the planning commission (major subdivisions).
When all requirements have been met, the preliminary plat applrcalion. along with all review
comments, shall be considered by the planning commission within sixty (60) days unless an
extension is requested by the applicant or as otherwise provided for in the Code of Virginia.
2. After hearing a recommendation from the subdivision agent, the planning commission shall
review the application for compliance with the adopted Isle of Wight County land use plans,
including the comprehensive plan; proffered conditions; and conformance with tho
requirements of this subdivision ordinance, the zoning ordinance, and other applicable rules
and regulations.
The planning commission may make a recommendation to approve the preliminary plat as is,
approve the plat subject to corrections, defer action for additional information or corrections, or
make a recommendation to deny the application. The subdivision agent shall notify the
applicant in writing of the decision on the application. In the case of conditional approval,
deferral, or denial, the commission shall include the reasons for such action.
4. In the case of a deferral or recommendation for denial, the applicant may take the application
directly to the board of supervisors without laking corrective action. However, the application
shall be deemed to be recommended for denial by the planning commission in this case.
Action by the board of supervisors (major subdivisions)
1. Upon recommendation by the planning commission, the preliminary plat application, along
with all review comments, shalt be considered by the board of supervisors within sixty (60)
days unless an extension is requested by the applicant or as otherwise provided for in the
Code of Virginia.
2. After hearing a report from the subdivision agent, the board of supervisors shall review the
application for compliance with the adopted Isle of Wight County land use plans, including the
comprehensive plan; and conformance with the requirements of this subdivision ordinance,
the zoning ordinance, and other applicable rules and regulations.
The board of supervisors may approve the preliminary plat as is, approve the plat subject to
corrections, defer action for additional information or corrections, or deny the application. The
subdivision agent shall notify the applicant in writing of the decision on the application within
ten (10) days of the hearing. In the case of conditional approval, deferral, or denial, the
subdivision agent shall include the reasons for such action.
K. Appeal.
1. Appeal of subdivision agent decision...... Appeal of a decision by the subdivision agent may
be taken in conformance with section 3.2.12, appeal of administrative decision.
2. Appeal of board of supervisors decision...... Appeal of a decision by the board of supervisors
on an application for preliminary plat may be taken by filing a written petition for certiorari with
the circuit court of Isle of Wight County within sixty (60) days of the action.
L. Revisions to approved preliminary plat.
1. The subdivision agent may approve minor revisions to an approved preliminary plat which do
not change the basic street andlor lot configuration, or result in any changes that would
require review by an external review body (see section 3.2.6.1-1, above).
Significant changes to an approved preliminary plat, as determined by the subdivision agent,
shall be resubmitted for review and approval as if a new application.
M. No guarantee. ..... Preliminary plat approval does not constitute a guarantee of approval of
construction plans or tite final plat.
N. Duration of preliminary plat validity .. . The applicant shall have not more than twelve (12) months
after receiving official notification concerning the preliminary plat to file an application for final plat
approval with tlse subdivision agent in accordance with section 3.2.8, subdivision, final plat Failure
to do so shall make the preliminary plat approval null and void. The subdivision agent may, on
written request by the applicant, grant a one-time extension of this time limit for up to ninety (90)
days.
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia,
that Appendix B, Zoning, is hereby amended and reenacted as follows:
APPENDIX B. ZONING.
Sec. 1-1012. General permit requirements.
A. Severability...... Nothing in this section or other sections of this ordinance shall be construed to
exempt any applicant for a permit from compliance with all local, state, and federal codes, statutes,
and regulations_
8. Permit authorization_
1. Zoning, use and occupancy permits issued on the basis of required plans and applications
approved by the zoning administrator shall authorize only the use, arrangement and
construction set forth in such permits, plans, and no other. The use, arrangement, or
construction significantly deviating with that authorization shall be deemed a violation of this
ordinance.
2. All departments, officials and public employees of Isle of Wight County, which are vested with
the duty or authority to issue permits or licenses shall do so in conformance with the
provisions of this ordinance. Such departments and personnel shall issue permits for uses,
buildings or purposes only when they are in harmony with the provisions of this ordinance. Any
such permit, if issued in conflict with the provisions of this ordinance, shall be null and void.
C. Who may submit permit applications.
1. Applications for permits will be accepted only from the property owner or the property owner's
authorized representative. The zoning administrator or designated representative may require
an applicant to provide evidence of his authority to submit the application.
2. All real estate taxes and any outstanding fees or charges must be current at such time an
application is submitted for any activity regulated under this ordinance,
D Applications to be complete.
All applications for permits listed in this article must be complete before the application is to be
considered. An application is complete when it contains all of the information that is necessary
to decide whether or not the development, if completed as proposed, will comply with all
requirements of this ordinance.
2. All prescribed application or permit fees as shall be set forth in the Isle of Wight County
Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, must
be paid.
E. Compliance with the Chesapeake Bay Preservation Area Ordinance...... Any structure or use which
is subject to the provisions of this ordinance and located upon any lot, parcel, or tract of land located
within the designated Isle of Wight County Chesapeake Bay Preservation Area shall be in
compliance with the Isle of Wight County Chesapeake Bay Preservation Area Ordinance, located in
Appendix B-1 of the Isle of [Wight] County Code.
F. Compliance with the Isle of Wight Erosion and Sediment Control Ordinance...... No excavation or
land disturbance associated with any structure or use shall begin until such time as an erosion and
sediment control plan is reviewed and approved by the department of planning and zoning and a
permit for such disturbance is issued.
G. Compliance with subdivision ordinance...... Any newly created parcel, lot or tract shall comply with
the provisions of this ordinance and the Subdivision Ordinance of Isle of Wight County. (7-7-05.)
Sec. 5-5006. Supplementary use regulations for industrial use types.
A. Abattoir or livpstock processing.
General development standards:
a. Waste or any decomposable residue from the livestock processing or abattoir operation
shall only be disposed of in strict compliance with any applicable state regulations
Measures shali be developed to mitigate obnoxious odors, dust, smoke. or similar
nuisances,
C- Any livestock processing or abattoir operation shall meet the requirements of site plan
review and approval set out in article Vit_
d. Design, construction, and operation of the facility must meet or exceed the requirements
of all current state and federal regulations, Specifically, the operation must conform to
any guidelines or specifications concerning such design, construction, and operation as
published or otherwise disseminated by the U.S. Department of Agriculture.
Livestock processing or abattoirs may be permitted in the rural agricultural conservation (RAC)
district subject to the following standards:
a. No livestock processing or abattoirs shall be constructed or established within one -half -
mile radius of any property zoned residential.
A minimum of twenty (20) acres is required for any livestock processing or abattoir
operation, If the operation includes a feedlot, the minimum area required shall be
increased subject to any applicable regulations promulgated by the Virginia Department
of Environmental Quality pertaining to the confinement of livestock.
c_ Stock pens or buildings or structures associated with the livestock processing or abattoir
operation shall be at least three hundred (300) feet from any public right-of-way and
must be at least five hundred (500) feet from any property line of any properly not
associated with the abattoir.
3. Livestock processing or abattoir operations may be permitted in the general industrial, (GI)
zoning district subject to the following standards:
a. Minimum acreage: Five (5).
Minimum setback: Two hundred (200) feet, from the nearest properly line_ except that a
retail sales outlet may be a minimum of seventy (70) friet from any public right-of-way.
B. Asphalt plant. ..... General standards:
In considering a conditional use permit request for an asphalt plant, in addition to the general
standards contained in section 1-1017 of this ordinance, the board shall specifically consider
and set standards for the following:
The maximum height of any structure and any additional setback requirements
necessary to compensate for any increased height,
b. Specific measures to control dust during the construction and operation of the plant.
C. Specific leve}s of noise permitted during the daytime and nighttime operation of the
plant, as measured at adjacent property lines, and any additional requirements for the
design or operation of the plant intended to reduce noise.
All commercial veh;cles used in conjunction with the asphalt plant shall be fully screened from
the public right-of-way, from adjacent properties by masonry or concrete walls designed to be
compatible with the principal building that it serves.
3. The outdoor storage of tools, bulk or bag materials, and similar items shall only be allowed
within a fully screened storage area.
C. Construction yard. ... General standards,
All materials stored on the property shall be placed in a storage yard. The storage yard shall
be fully screened from public view and shall be set back at least one hundred (100) feet from
any adjoining residential district, in addition to meeting the landscaping zone requirements of
article VIII.
In considering a conditional use permit request for a construction yard, in addition to the above
standards and the general standards contained in section 1-1017 of this ordinance, the board
may consider and set standards for the following.-
Provisions
ollowing:
Provisions for screening of any vehicles, equipment, materials and storage yards in
accordance with article VIII.
b. The maximum height of any structure and any additional setback requirements
necessary to compensate for any increased height.
C, Specific measures to control dust on the site,
In the VC district, the following standards shall apply:
a. The maintenance and repair of all vehicles and equipment shall be conducted within an
enclosed building,
D. Landfill, industrial, ..... No site shall be developed as an industrial landfill except in the conformance
with the zoning district regulations as a conditional use Minimum standards for an industrial landfill
shall be as follows:
1. A minimum buffer two hundred (200) feet in width is required adjacent to residential districts or
uses and a minimum buffer one hundred (100) feet in width is required adjacent to public
rights-of-way.
2. The additional standards required in subsection 5-50065.3., below, for a sanitary landfill.
E. Landfill, rubble...... No site shall be developed as a rubble landfill and no existing rubble landfill shall
be enlarged or altered except in conformance with the zoning district(s) regulation(s) as a conditional
use. Minimum standards for a rubble landfill shall be as follows:
Minimum lot area of ten (10) acres shall be required.
2. A minimum buffer two hundred (200) feet in width is required adjacent to residential districts or
uses and a minimum buffer one hundred (100) feet in width is required adjacent to public
rights-of-way.
The additional standards required in subsection 5-5006.F.3., below. for a sanitary landfill.
F. Landfill, sanitary. ,,,., No site shall be developed as a sanitary landfill or solid waste disposal site,
and no existing sanitary landfill shall be enlarged, altered, or changed in use, except in conformance
with the zoning district regulations of this ordinance and the following provisions:
1- Minimum lot area of one hundred (100) acres shall be required.
2. A minimum buffer three hundred (300) feet in width is required adjacent to residential districts
or uses and a minimum buffer, one hundred fifty (150) feet in width is required adjacent to
public rights-of-way,
Additional standards for landfills:
a. Access from paved streets is required. Said streets shall be able to withstand maximum
load limits established by the Virginia Department of Transportation (VDOT).
b. Access shall not be through any residential subdivision or development,
c_ In addition to, and to the interior of, any required buffer zone plantings, a minimum six-
foot -high solid board fence or masonry wall shall be required around all property lines
adjacent to property zoned or developed for residential uses.
d. The operation of the sanitary landfill shall comply with all applicable federal, state, and
county licensing, permits, and authorization.
G. Recycling center...... General standards:
1. Where receptacles for recyclable materials are located outside of a building, they shall be
located so as to not disrupt or interfere with on-site traffic circulation, required fire lanes or
required parking, loading or stacking areas.
2. Specific circulation pattern shall be established to provide safe and easy access to recycling
receptacles. Adequate space shall be provided for the unloading of recyclable materials.
3. A regular schedule for picking up recycled materials shall be established and maintained,
4_ The site shall be maintained free of litter.
5. Where receptacles for recyclable materials are located outside of a building, they shalt be
screened from public view in accordance with the screening zone specifications of arficle VIII.
H. Resource extraction...... When established as a conditional use, processing and removal of sand,
gravel, or stone, stripping of topsoil (but not including stripping of sod), and borrow pits, shall be
subject to the following standards:
1. Exemptions
a. Any operator engaging in mining and disturbing less than one (1) acre of land and
removing less than five hundred (500) tons of material at any particular site is exempt
from the provisions of this ordinance; providing: however:
i. Excavation or grading when conducted solely in aid of on-site farming or
construction.
ii. Each person intending to engage in such restricted mining shall submit an
application for exemption, a sketch of the mining site and an operations plan to
the zoning administrator, who shall approve the application if lie determines that
the issuance of the permit shall not violate the provisions of this ordinance.
2. Permit required, ..... It shall be unlawful for any person, firm, partnership or corporation to
break or disturb the surface soil or rock in order to facilitate or accomplish the extraction or
removal of minerals, ores, rock or other solid matter including any activity constituting all or
part of a process for the extraction or removal of minerals, ores, rock or other solid matter so
as to make them suitable for commercial, industrial, or construction use but does not include
those aspects of deep mining not having significant effect on the surface without first obtaining
a conditional use permit to do so from the board of supervisors of Isle of Wight County.
Nothing herein shall apply to strip mining of coal. Such permits shall not be transferable.
3. Application and procedures. ..... The application shall be signed by the operator and the
landowner and when issued shall be issued in the name of the operator and shall not be
transferable between operators.
The application fee shall be as set forth in the Isle of Wight County Uniform Fee Schedule, as
adopted by the Board of Supervisors, as it may be amended.
A permit shall be obtained prior to the start of any mining operation. If, within ten (10) days of
the anniversary date of the permit, the zoning administrator, after inspection, is satisfied that
the operation is proceeding according to the plan submitted to and approved by the board of
supervisors, then the zoning administrator shall renew the permit upon payment of a
renewal fee as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted
by the Board of Supervisors, as it may be amended.. The renewal fee is to be calculated
based upon the acreage to be affected by the total operation in the next ensuing year.
If the operator believes changes in his original plan are necessary or if additional land not
shown as part of the approved plan of operation is to be disturbed, he shall submit an
amended plan of operation, which shall be approved by the board of supervisors in the same
manner as an original.
ApplicalFon for excavation permits shall be directed to the board of supervisors of Isle of Wight
County and shall be filed with the zoning administrator. The application shall include the
following information and attachments:
a. The common name and geologic title, where applicable, of the mineral, ore or other solid
matter to be extracted;
b. A description of the land upon which the applicant proposes to conduct mining
operations, which description shall set forth the location of ils boundaries and any other
description of the land to be disturbed in order that it may be located and distinguished
from other lands and easily ascertainable as shown by a map attached thereto showing
the amount of land to be disturbed;
C. The name and address of the owner or owners of the surface of the land,-
d.
and;d. The name and address of the owner or owners of the mineral, ore or other solid matter;
e. The source of the operator's legal right to enter and conduct operations on the land to
be covered by the permit;
f. The total number of acres of land to be covered by the permit,
g. A reasonable estimate of the number of acres of land that will be disturbed by mining
operations on the area to be covered by the permit during the ensuing year;
h. Whether any borrow pit permits of any type are now held by the applicant and the
number thereof;
Name and address of the applicant, if an individual; the names and addresses of all
partners, if a partnership; the state of incorporation and the name and address of its
registered agent, if a corporation; or the name and address of the trustee, if a trust;
If known, where the applicant or any subsidiary or affiliate or any partnership,
association, trust or corporation controlled by or under common control with the
applicant, or any person required to be identified by subsection 3.i. of this section, has
ever had a borrow permit of any type issued under the laws of this or any other state
revoked or has ever had a mining or other bond, or security deposit in lieu of bond,
forfeited;
k. The application for a permit shall be accompanied by the minimum number of copies
required by the application of an accurate map or plan and meet the following
requirements:
L Be prepared by a licensed engineer or licensed surveyor,
ii Identify the area to correspond with the land described in the application,
iii Show adjacent deep mining, if any, and the boundaries of surface properties,
with the names of the owners of the affected area which lie within one hundred
(100) feet of any part of the affected area,
iv. Be drawn to a scale of four hundred (400) feet to the inch or better,
Show the names and locations of all streams, creeks or other bodies of public
water, roads, buildings, cemeteries, oil and gas wells, and the utility lines on the
area affected and within five hundred (500) feet of such area,
vi. Show by appropriate markings the boundaries of the area of land affected, the
outcrop of the seam at the surface or deposit to be mined, and the total number
of acres involved in the area of land affected,
vii. Show the date on which the map was prepared, the north arrow and the
quadrangle name,
viii. Show the drainage plan on and away from the area of land affected, including the
directional flow of water, constructed drainage ways, natural waterways used for
drainage and the streams or tributaries receiving the discharge;
1. Provide information delineating the vehicular access to be utilized by the excavation
operator and a statement listing the various public streetsihighways to be used as haul
routes;
M. Provide an erosion and sedimentation control plan designed in accordance with all
applicable state and county requirements related to land -disturbing activities;
n. Provide an estimation of the total number of cubic yards to be excavated;
0. Provide the total number of cubic yards excavated over the previous five (5) years of
operation if the extraction operation is existing;
p. Provide the proposed date on which excavation operations will commence, the
proposed date on which such operation will be completed and the proposed date all
required restoration measures will be completed,
q. The name and address of the operator.
No permit shall be issued by the board of supervisors until the planing commission and zoning
administrator have approved the plat` of operation and the bond from the applicant as
hereinafter provided.
4. Operations plan required. ..... Thf: application for a permit shall be accompanied by an
operations plan in such form and with such accompanying material as the zoning administrator
shall require_ The operations plan shall describe the specifications for surface grading and
restoration, including sketches, delineating placement of spoil, stockpiles and tailing ponds, to
a surface that is suitable for the proposed subsequent use of the land after reclamation is
completed. The operations plan shall include a provision for reclamation of all land estimated
to be affected by the mining operation for which the permit is sought. The reclamation
provision shall be in such form and contain such accompanying material as the zoning
administrator shall require and shall state:
a. The planned use to which the affected land is to be returned through reclamation;
b Proposed actions to assure suitable reclamation of the affected land for the planned use
to be carried out by the applicant as an integral part of the proposed mining operation
and to be conducted simultaneously insofar as practicable. The board shall set
schedules for the integration of reclamation with the mining operation according to the
various individual mineral types.
5. Reclamation...... It shall be the policy of the board of supervisors to encourage adoption of
productive land use, such as pasture, agricultural use, recreational areas, sanitary landfills,
forestry and timberland operations, industrial and building sites, and to consider the general
original contour in determining the particular reclamation program for the acreage. The
reclamation shall be conducted simultaneously with the mining operation insofar as practicable
and shall be completed within six (6) months of the expiration of the permit. The zoning
administrator may require an amendment to the operations plan to meet the exigencies of any
unanticipated circumstances or event.
6. Application processing. ..... The zoning administrator shall transmit the application to the
planning commission for consideration by said planning commission. The planning
commission shall consider the location of the proposed excavation and the plans
accompanying the application. The planning commission shall make its recommendation to
the board of supervisors for approval, disapproval or amendment of the application.
Operating and development requirements
s3. Setbacks for borrow pits and other excavations. _.__. The edge of an excavation area for
borrow pits and other purposes shall be located at least such distance as to protect
adjoining property from collapse, caving or sliding, but in no event shall such excavation
areas be less than two hundred (200) feet from adjoining property lines or others. The
setback area shall not be used for any purpose during the period of excavation,
including overburden and spoil storage, except as access and temporary topsoil
storage.
b_ Access roads. .._. All access roads shall be constructed so as to intersect as nearly as
possible at right angles with public streets and highways and no access road shall
intersect any public road at any angle of less than sixty (60) degrees. Where necessary.
dust control measures shall be taken.
c. Roadside landscape..,.,. Existing trees and ground cover along public street frontage
shall be preserved for a depth of two hundred (200) feet, maintained and supplemented
during the period of excavation, if deemed desirable by board of supervisors with a
recommendation from the planning commission. The type, design and spacing of
supplementary planting shall be approved by the zoning administrator.
Fencing/gate requirements. ...._ The zoning administrator, as herein defined, may
require the entire excavation operation to be fenced with gates constructed at all
entrances to be kept locked at all limes when not in use. The zoning administrator shall
determine the type of fencing and gates taking into consideration the activity to be
conducted, the location of the site relative to adjoining property owners, degree of
development of the surrr.unding area, visibility of the site as an attractive nuisance, and
potential of the site for unauthorized accessibility by the public
6. Restoration requirements_
a. Minimum slope of banks...... All slopes around the edge of the excavated area shall be
left with a slope no less than three (3) feet horizontal to one (1) fool vertical to the
bottom.
b. Leveling of bottom area .... All excavated areas shall be left in a level state.
C. Topsoil restoration and planting. ..... All areas not inundated shall be covered with
topsoil and seeded, as may be required by the zoning administrator, upon the conditions
and recommendations made by the appropriate state agencies and officials.
d Fencinglgate regwrements. ..... The zoning administrator, as herein defined, may
require the entire excavation area to be fenced with gates constructed at all entrances to
be kept locked at all times when not in use, in addition to all fencing and gating installed
in accordance with the approved reclamation plan. The zoning administrator shall
determine the type of fencing and gates taking into consideration the activity to be
conducted, the location of the site relative to adjoining properly owners, degree of
development of the surrounding area, visibility of the site as an attractive nuisance, and
potential of the site for unauthorized accessibility by the public.
9. Bond of operator ... Each operator, before receiving site plan approval, shall furnish bond on
a form to be prescribed by the zoning administrator, payable to the County of Isle of Wight and
conditioned that the operator shall faithfully perform all of the requirements of this ordinance
and of the operations plan and reclamation pian as approved and directed by the board of
supervisors. The amount of bond shall be four thousand dollars ($4,000.00) per acre. based
upon the number of acres of land which the operator estimates will be affer.ted by the mining
operation in the next twelve (12) months. In addition, the zoning administrator may require
bond in an amount necessary to complete all phases of operation and restorationtreclamation,
plus ten percent (10%) contingency, in the amount recommended and endorsed by a certified
engineer, licensed to practice in the Commonwealth of Virginia, and any changes to the
approved bond amount would require similar estimations provided by a certified engineer.
However, in no event shall such bond be less than four thousand dollars (34,000.00) per acre
as hereinabove prescribed. Such bonds shall be executed by the operator and by a corporate
surety licensed to do business in this state. provided, however, that in lieu of such bond, the
operator may deposit cash, certified check, or collateral securities satisfactory to the zoning
administrator.
Upon request of the operator, the zoning administrator shall cause an inspection to be made
of the land subject to the reclamation plan, and if he approves the reclamation of work
completed by the operator, he shall order the return of the bond or other security to the
operator.
If the zoning administrator does not approve the reclamation work, he shall notify the operator
immediately and advise him of what additional steps he deems necessary to satisfactorily
complete the reclamation. The bond or security posted by the operator for such land shall not
be refunded until he has obtained the zoning administrator's approval as aforesaid. If the
operator does not complete the reclamation in accordance with the directions of the zoning
administrator within ninety (90) days of such order of such zoning administrator, the
administrator may order a forfeiture of the bond or other security posted by the operator and
have the reclamation performed with the money so received. Any funds remaining after the
costs of the reclamation as aforesaid shall be returned to the operator.
Within ten (10) days following the anniversary date of the permit, the operator shall post
additional bond in the amount determined by the zoning administrator but not less than one
thousand dollars (51,000.00) per acre for mich additional acre of land estimated by him to be
disturbed during the next year following the anniversary date of the permit for which no bond
has been previously posted by him. Bond or other security previously posted shall be released
for the areas disturbed in the last twelve (12) months if reclamation work has been completed
and the approval of the zoning administrator obtained as hereinabove provided,
10. Planning commission and board of supervisors...... Upon receipt of a reasonable plan of
operation as prescribed hereinabove, the zoning administrator shall present the plan to the
planning commission for review and the planning commission shall make its recommendation
to the board of supervisors. The board of supervisors may issue the permit with or without
conditions to ensure compliance with this ordinance unless they find that the applicant has had
control or has had common control with a person, partnership, association, trust or corporation
which has a borrow pit permit revoked or bond or other security forfeited for failure to reclaim
lands as required by the provisions of this ordinance.
It shall be unlawful for any owner or owners of surface rights or the owner or owners of mineral
rights to interfere with the operator in the discharge of his obligations to the county for the
reclamation of land disturbed by him. If the owner or owners of surface rights or the owner or
owners of mineral rights desire to conduct other mining operations on land disturbed by the
operator furnishing bond hereunder, such owner or other person shall be in all respects
subject to the provisions of this ordinance and the zoning administrator shall then release an
equivalent amount of bonds to the operator originally furnishing bond on the disturbed area.
11. Application for permit; adjoining landowners. ..... In addition to all other notice requirements
contained in this ordinance and otherwise required by law, all property owners located within
one thousand (1,000) feet of the property line of any land proposed to be permitted shall be
notified by first class mail at least ten (10) days prior to the planning commission's public
hearing. The zoning administrator shall be responsible for this notification.
12. Succession of one (1) operator by another at uncompleted project...... Where one (1) operator
succeeds another at the uncompleted operation, whether by sale, assignment, lease, merger
or otherwise, the board of supervisors may release the first operator from all Lability under this
ordinance as to that particular operation; provided, however, that the successor operator has
been issued a permit and has otherwise complied with the requirements of this ordinance, and
the successor operator assumes, as part of his obligation under this ordinance, all liability for
the reclamation of the area of land affected by the first operator. No fee, or any portion thereof,
paid by the first operator shall be returned to either operator. The permit fee for the successor
operator for the area of land permitted by the first operator shall be as set forth in the Isle of
Wight County Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be
amended,. The permit for the successor operator shall be valid for the remaining period left on
the original permit.
13. Notice of noncompliance served on operator...... The zoning administrator may cause a notice
of noncompliance to be served on the operator whenever the operator fails to obey any order
by the zoning administrator to:
a. Apply the control techniques and institute the actions approved in the operations and
reclamation plan;
b_ Comply with any required amendments to the operations or reclamation plan;
C. Comply with any other requirement of this ordinance:
d. A copy of the notice shall be delivered to the operator or served by certified mail
addressed to the operator at the permanent address shown on the application for a
permit. The notice shall specify in what respects the operator has failed to obey the
order of the zoning administrator and shall require the operator to comply with the order
within a reasonable period of time as fixed by the zoning administrator, following service
for the notice. If the operator has not complied with the requirements set forth in the
notice of noncompliance within the time limits fixed therein, the board of supervisors
shall revoke the permit and declare the forfeiture of the entire bond, which, when
collected, shall be used by the County of Isle of Wight in performing reclamation under
the provisions of this ordinance.
14. Additional bond to cover amended estimate of land to be disturbed. ..... If, during any
operation, it is found that the operator's estimate of the amount of disturbed land for which
bond or other security has been posted for reclamation is less than the actual area disturbed,
the zoning administrator shall order the operator to file additional bond or security sufficient to
cover an amended estimate of land to be disturbed by such operation.
15. Life of permit...... All permits issued for borrow pits by the board of supervisors will be for a
period of five (5) years from the date of issuance, Any extension of time or renewal of said
permits would require new applications filed in accordance with all of the terms of this
ordinance.
Scrap and salvage service . .. A scrap materials, and salvage service may be permitted as a
conditional use when consistent with the zoning district regulations, provided -
Such facilities shall be screened from view with a solid fence or wall along all property lines six
(6) feet in height, except for approved access crossing and utility easements. Said fence or
wall shall be located interior to any required buffer or landscape strip and shall present a
finished side to the exterior property line(s).
2. Vehicles shall not be stored or stacked so that they are visible from any adjacent properties.
Shipping container...... The placement, use and storage of shipping containers shall be authorized
only as follows;
Shipping containers used in conjunction with bona fide agricultural uses are exempt from the
provisions of this part, except that shipping containers used in conjunction with bona fide
agricultural uses shall;
a. Not be visible from any road or adjacent residential uses.
2. Shipping containers used for any other use besides a bona fide agricultural use shall adhere
to the following provisions:
a. The shipping containers are used in the active transport of goods, wares or merchandise
in support of a lawful principal use of the property.
b. The shipping containers are placed or stored in areas depicted on an approved site
plan.
G. Shipping containers shall not be stored in salvage yards. Furthermore, there shall be no
storage of raw materials and shipping containers simultaneously on any property.
d. The shipping containers must comply with development criteria relating to setbacks for
principal buildings in the industrial district where permitted and landscape buffer yards.
e. Shipping containers shall not be stacked to exceed a total of three (3) containers or
thirty-eight (38) feet in height, whichever is less. Stacked containers must comply with
the Virginia Statewide Fire Prevention Code, as amended,
f. Shipping containers shall not be visible from any property zoned or used for residential
purposes.
g. No shipping container shall be used as a residence or to support a residential use or
home occupation.
h. No shipping container shall be placed on or otherwise block or restrict access to fire
hydrants, fire lanes or required parking spaces. (7-7-05; Ord. No. 2012-10-C, 10-18-12.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors, Virginia,
that Appendix B-1, Chesapeake Bay Preservation Area Ordinance, is hereby amended and reenacted as
follows -
APPENDIX B -'I. CHESAPEAKE BAY PRESERVATION AREA
ORDINANCE.
Sec. 5002. Exceptions.
(a) A request for an exception to the requirements of sections 4000 and 4002 of this
ordinance or any other exception requested from the provisions of this ordinance shall be
made in writing to the planning commission, who shall make a recommendation to the
board of supervisors. It shall identify the impacts of the proposed exception on water
quality and on lands within the Resource Protection Area through the preparation of a
water quality impact assessment, which complies with the provisions of section 4003, and
accompanied with a processing fee as shall be sat forth in the Isle of Wight County
Uniform Fee Schedule. as adopted by the Board of Supervisors, as it may be amended.
(b) The planning commission and board of supervisors shall notify the affected public of any
such exception requests and shall consider these requests in a public hearing in
arcordance with § 15.2-2204 of the Code of Virginia.
(c) The planning commission shall review the request for an exception and the water quality
impact assessment and may recommend the exception with such conditions and
safeguards as deemed necessary to further the purpose and intent of this ordinance. In
rendering its decision, the planning commission shall not recommend in favor of the
applicant unless it finds -
1 That the strict application of the ordinance would produce an undue hardship and
will not confer upon the applicant any special privileges denied by this ordinance
to other property owners in the CBPA areas,
2. The exception request is not based on conditions or circumstances that are self-
created or self-imposed, nor does the request arise from conditions or
circumstances either permitted or non -conforming that are related to adjacent
parcels;
3. The exception request is the minimum necessary to afford relief;
4. The exception request will be in harmony with the purpose and intent of this
ordinance, not injurious to the neighborhood or otherwise detrimental to the
public welfare, and is not of substantial detriment to water quality; and
5. Reasonable and appropriate conditions are imposed which will prevent the
exception request from causing a degradation of water quality.
(d) If, after applying the criteria set forth above, the board of supervisors refuses to grant the
exception, the zoning administrator shall return the request for an exception together with
the water quality impact assessment and the written findings and rationale for the
decision to the applicant.
(e) Any person or persons jointly or severally aggrieved by a decision of the board of
supervisors may present to the circuit court of the county of Isle of Wight a petition
specifying the grounds on which aggrieved within thirty (30) days after the final decision
of the board of supervisors. Costs shall not be allowed against the board of supervisors,
unless it shall appear to the court that it acted in bad faith or with malice in making the
decision appealed therefrom. (5-21-06,)
The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors
voting against the motion.
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to Section 2.2-
3711(A)(1) of the Code of Virginia for discussion of two matters regarding the
employment; assignment, appointment, promotion, performance, demotion,
salaries, disciplining, or resignation of specific public officers, appointees, or
employees and pursuant to Section 2.2-3711(A)(7) regarding consultation with
legal counsel regarding potential liability to the County for the failure of the
School Board to include necessary Davis -Bacon Act provisions in their
consultations contracts for the new Windsor Middle School requiring the
provision of legal advice by counsel.
Supervisor Casteen moved the Board enter the closed meeting for the reasons
stated by the County Attorney. The motion was adopted by a vote of (5-0) with
Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the
motion and no Supervisors voting against the motion.
Supervisor Jefferson oved that the Board return to open session. The motion was
adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and
Jefferson voting in favor of the motion and no Supervisors voting against the
motion.
Supervisor Casteen moved that the 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: Alphin, Bailey, Casteen, Darden and Jefferson
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
ADJOURNMENT
Supervisor Jefferson moved that the Board adjourn its special meeting at 12:00
p.m. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin,
Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors
voting against the motion.
Rudolph Jefferson, Chairman
R