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04-16-2015 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTEENTH DAY OF APRIL IN THE YEAR TWO THOUSAND AND FIFTEEN IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: Byron B. Bailey Rex W. Alphin Delores C. Darden Alan E. Casteen Rudolph Jefferson Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk At 5:00 p.m., Chairman Alphin called the meeting to order and welcomed those present. County Attorney Popovich requested a closed meeting pursuant to Section 2.2-3711(A)(1) regarding discussion regarding the appointment of specific 4:1 appointees to County board, committees or authorities. Supervisor Bailey moved that the Board enter the closed meeting for the reason stated by County Attorney Popovich. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. At 6:00 p.m., Supervisor Bailey moved that the Board return to open meeting. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey 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. VC)TF AYES: Bailey, Darden, Jefferson, Alphin and Casteen NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 H Supervisor Jefferson delivered the invocation and Chairman Alphin led the Pledge of Allegiance. H Under Approval of the Agenda, Supervisor Darden moved that the March 19, 2015 Minutes be removed from the agenda for consideration. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Jefferson moved to approve the Consent Agenda, as follows: A. Resolution to Accept and Appropriate Federal Emergency Management Agency (FEMA) Grant Funds for the Fort Boykin Shoreline Repair Project B. Resolution to Accept and Appropriate Funding from the Virginia Department of Emergency Management/Virginia Power to the General Fund and E911 Fund C. Resolution to Accept and Appropriate Funds from the Virginia Department of Agriculture and Consumer Services for the Virginia Cooperative Extension Plastic Pesticide Container Recycling Program D. Resolution to Approve Corrections to the Public Utility and Stormwater Inspection Fees in the Uniform Fee Schedule of the Fiscal Year 2014-15 Operating and Capital Budget E. Resolution to Authorize Execution of Necessary Closing Documents Related to the Berm's Grant Development Project W, F. Resolution to Authorize Execution and Delivery of Subordination Agreement Related to the Bern's Grant Development Project G. January 5, 2015 Organizational Meeting Minutes H. January 13, 2015 Joint Meeting with the Industrial Development Authority Minutes I. January 22, 2015 Regular Meeting Minutes J. February 11, 2015 Special Meeting Minutes K. February 19, 2015 Regular Meeting Minutes The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Under Regional Reports, Supervisor Darden reported that the Hampton Roads Planning District Commission had received an update on adopted legislation affecting Hampton Roads localities and legislation that did not pass. Supervisor Darden reported that the Hampton Roads Transportation Organization had received a presentation from the Commonwealth Transportation Board relative to the Route 460 project with respect to the contract being pulled although the environmental permits are still being pursued with the Corps of Engineers. She advised thatpublic meetings will be conducted in May, 2015 and it is believed that the preferred route will be pursued with funding being sought through the regular VDOT channels. She advised that the budget was reviewed and an offer was made to an Executive Director applicant. Supervisor Jefferson reported on matters discussed at the most recent Western Tidewater Regional Jail Board meeting with respect to the Jail's capacity; its bank account balance; turnover rate; savings realized as a result of the Jail utilizing monitoring bracelets; hours of inmate utilization by the County; health care and VRS contributions by Jail employees. Chairman Alphin reported that the Hampton Roads Transportation Technical Committee is searching for an Executive Director and is a pool for substantial transportation projects. The following appointments were made by the Board: Supervisor Bailey moved to recommend John E. Jones to the Circuit Court Judge to represent the Newport District on Board of Zoning Appeals. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, 3 Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved to reappoint Richard J. Holland to serve on the Economic Development Authority. The motion was adopted by a vote of (5- 0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that Marilyn Oliver be recommended to the Circuit Court Judge to represent the Windsor District on the Board of Equalization. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin moved to accept David Holt's resignation on the Board of Equalization and recommend him to the Circuit Court Judge representing the Carrsville District on the Board of Zoning Appeals. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin moved to recommend Harold Blythe to the Circuit Court Judge to serve on the Board of Equalization representing the Carrsville District. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Under Special Presentations, Chris Pomeroy, Attorney for the Western Tidewater Water Authority (WTWA), and Al Moor, Director of Public Utilities, City of Suffolk, provided a history of the WTWA water purchase agreements. A Resolution Designating the Week of April 12-18, 2015 as Public Safety Telecommunicators Week was presented by Sheriff Marshall for consideration. Supervisor Casteen moved that the following Resolution be adopted: RESOLUTION TO DESIGNATE THE WEEK OF APRIL 12-18,2015 AS PUBLIC SAFETY TELECOMMUNICATORS WEEK WHEREAS, professional telecommunicators perform a critical function when an emergency occurs requiring police, fire, or ambulance as well as those related to forestry and conservation operations, highway safety and maintenance activities; and, WHEREAS, thousands of dedicated telecommunicators daily serve the citizens of the United States by answering their calls for police, fire and 4 emergency medical services and by dispatching the appropriate assistance as quickly as possible; and, WHEREAS, professional telecommunicators are critical to our county's emergency response and homeland security services, dispatching law enforcement, firefighters, emergency medical services, and other emergency responders 24 hours a day, seven days a week; and, WHEREAS, professional telecommunicators are not visible as the men and women who arrive on the scene of emergencies, but provide the vital link to public safety services as part of the first responder team. NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors designates the week of April 12 — 18, 2015 as Public Safety Telecommunicators Week in Isle of Wight County in honor and recognition of Telecommunicators and the vital contributions they make to the safety and well- being of citizens. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Mary Beth Johnson, Director of Human Resources, presented a Resolution recognizing National Public Service Recognition Week and the service of the employees of Isle of Wight County for the Board's consideration. Supervisor Casteen moved that the following Resolution be adopted: RESOLUTION RECOGNIZING NATIONAL PUBLIC SERVICE RECOGNITION WEEK AND THE SERVICE OF THE EMPLOYEES OF ISLE OF WIGHT COUNTY WHEREAS, Americans are served every single day by public servants at the federal, state, county and city levels. These unsung heroes do the work that keeps our nation moving; and, WHEREAS, many public servants, including law enforcement personnel, firefighters, emergency medical personnel, and others, risk their lives each day in service to the people of the nation, state, county and city levels; and, WHEREAS, the Board of Supervisors recognizes the outstanding public service delivered by the employees of Isle of Wight County day in and day out providing diverse services with efficiency, integrity, and continuity which would be impossible in a democracy that regularly changes its leaders and elected officials. NOW, THEREFORE, BE IT RESOLVED that Isle of Wight County recognizes National Public Service Recognition Week May 4-8, 2015, N honoring the millions of public employees at the federal, state, county, and city levels, in particular, the valuable, dedicated employees serving Isle of Wight County. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Donald T. Robertson, Director of Information Resources and Legislative Affairs presented a Resolution Designating April 12-18, 2015 as Volunteer Appreciation Week for the Board's consideration. Supervisor Casteen moved that the following Resolution be adopted: RESOLUTION TO DESIGNATE APRIL 12 — 18, 2015 AS VOLUNTEER APPRECIATION WEEK WHEREAS, we are a nation that was founded by individuals who have dedicated their lives, energies, and resources to making this a better world for themselves, their families, and their neighbors; and, WHEREAS, volunteerism directly reflects the democratic principles upon which this nation was founded in that everyone, regardless of their circumstances, race, age, sex, color or creed can volunteer; and, WHEREAS, the number of individuals engaging in volunteer work and the important variety of services provided increase each year, providing challenges and fulfillment, rich rewards from helping others, improving skills, and widening one's horizons; and, WHEREAS, it is appropriate to recognize and to honor the numerous contributions of the many volunteers serving the County of Isle of Wight, as well as this Commonwealth of Virginia, and to join in with State and national leaders to set a special time for such recognition. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the week of April 12-18, 2015 be designated as Volunteer Appreciation Week. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Under Citizens Comments, the following individuals spoke: Sam Cratch, member of the Carrollton Volunteer Fire Department, voiced support for restored funding and a revised Facilities Use Agreement for the Carrollton and Windsor Volunteer Fire Departments. 6 Debbie Bales of Carrollton requested the Board to support the revised Facilities Use Agreement. William McCarthy requested the Board's support of the revised Facilities Use Agreement and improved treatment and support of County volunteers. Brenda Peters of Five Forks Road requested the Board's continued support in opposing the proposed Route 460 project's alternative route creating a northern bypass around the Town of Windsor. Herb DeGroft of Mill Swamp Road addressed the Norfolk Water Agreement and recommended graduated payment schedule. Wayne McPhail of Pagan Ridge requested consideration of lowering the rates at which pleasure boats are assessed. Scott Home of Carroll Bridge Road expressed concern with the proposed ISLE2040 Plan. Shaun Brown of Old Stage Highway stressed the importance of moving forward with the development of Bradby Park. Victoria Hulick of Smithfield addressed the CIP and ISLE2040 Plan with respect to the Newport District being overtaxed and requested full funding of the schools. Andrea Stephen of Clipper Creek requested full funding of the schools. Rosa Turner of Old Stage Highway addressed development plans for Bradby Park. Christine Vassitakos voiced support for full funding of schools. Betsy Egan of Smithfield voiced support of the County's PEG channel and welcome communication from staff with regard to the vitality of the proposed ISLE2040 Plan and the Facilities Use Agreement. Dale Scott, member of the Windsor Volunteer Fire Department, notified the Board that the Department has voted not to enter into a Facilities Use Agreement because of the potential to nullify that Department's MOU with the County and the Town of Windsor. Fred Mitchell of Carrollton addressed his opposition to the Facilities Use Agreement and the mistreatment of needed volunteers who respond in critical situations. 0 Eric Jones of Rushmere notified the Board that there is an individual living at Tyler's Beach who seems to be receiving preferential treatment. Following a recess, Chairman Alphin called for a public hearing on the following matter: Proposed Operating and Capital Budget for Fiscal Year 2015-201.6 and Related Ordinances and Resolutions and Motion to Schedule a Special Meeting on May 1, 2015 County Administrator Seward provided an overview of the FY2015-16 proposed Operating and Capital Budget and recommended that the Board schedule a special meeting on May 1, 2015 for the purpose of adopting the proposed FY2015-16 Operating and Capital Budget and related ordinances. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed FY2015-16 Operating and Capital Budget. Chris Lilly of expressed concerns with the proposed budget as it relates to funding for schools. He identified a leaky fire sprinkler system and the roof at Carrollton Elementary School and playgrounds are unsafe to play on and Westside Elementary School has too large class sizes and too small classrooms and a leaky roof and internet and phone systems are frequently not functioning. He stated it is not logical that a tax increase is not necessary; however, there are insufficient monies to fund the schools. He recommended implementing a special taxing district in the northern part of the County where it is more populated. Herb DeGroft of Mill Swamp Road and a former School Board member addressed the need to put a replacement sprinkler system in the Operating 4n Budget. He recommended placing the $1.1 million in the County's Capital Budget as the funds do not belong in the Operating Budget. Edith Scott of Windsor read into the record a letter from Allyson Wilson of Carrollton who moved to the Carrollton area from Portsmouth for the purpose of finding a place that would offer a better level of education for her children only to discover after moving about the budget cuts resulting in larger classroom sizes. Ellen Baker of Carrollton spoke against the funding currently allocated for schools noting it is insufficient. She recommended the Board raise the tax rate so that the needs can be met that are needed by the schools. Catherine West read into the record a letter from Micky Low of Carrollton citing insufficient funding in the areas of retaining the right teachers; attracting the tax base to support educational infrastructure in line with M growth; keeping families passionate about an investment in the school system; and, providing a suitable foundation for local at -risk students. Betsy Egan of Smithfield encouraged funding for basic priorities such as schools and investing in the Shirley T. Holland Industrial Park. Fred Mitchell of Carrollton spoke in support of funding for schools to address needed repairs, such as the sprinkler system. He stated a number one priority is the safety of children in the schools. Chairman Alphin closed the public hearing and called for comments from the Board. The need to replace the sprinkler system at the Carrollton Elementary School was brought up by Supervisor Bailey for discussion. Chairman Alphin commented that the School Division will be receiving $1.2 million in additional combined revenue from the County, the State and the Federal Government for operating and that he intends to discuss other funding options later in the meeting. Supervisor Darden made note that the sprinkler system has been an issue since 2011 and more emphasize should have been placed on having it repaired/replaced. She recalled that a special taxing district had not been a desirable solution and that $0.2 of last tax increase had been allocated to the School Division. She recommended that the Board continue to strive for a good dialogue with the School Division so that issues of this nature can be addressed. Supervisor Casteen pointed out that the Board is responsible for funding the Schools, however, prioritization of school items are the responsibility of the Schools. Supervisor Jefferson moved that the Board schedule a special meeting on May 1, 2015 at 9:00 a.m. for the purpose of adopting the proposed FY2015- 16 Operating and Capital Budget. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin called for a public hearing on the following: Ordinance to Amend and Reenact the Isle of Wight County Code, Appendix B-1, Chesapeake Bay Preservation Area Ordinance Kim Hummel, Environmental Planner, provided an overview of the amendments to the ordinance. 9 Chairman Alphin called for persons to speak in favor or in opposition to the proposed amendments. No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Supervisor Darden moved that the following Ordinance be adopted: APPENDIX KE BAY PRESERVATION ,•, ORDINANCE Editor's note—An ordinance adopted August 21, 2006, amended Appendix B-1 in its entirety to read as herein set out. Prior Ordinance History: Ords. dated 11-15-90; 9-21-00; 11-16-00; and 12- 18-03. Article 1. - Title, Purpose, and Authority. Sec. 1000. -Title. This ordinance shall be known and referenced as the "Chesapeake Bay Preservation Area Ordinance" of Isle of Wight County, Virginia. This Ordinance is also commonly referred to as the "CBPA" Ordinance. (8-21-06.) Sec. 1001. - Findings of fact. The Chesapeake Bay and its tributaries are one of the most important and productive estuarine systems in the world, providing economic and social benefits to the citizens of Isle of Wight County and the Commonwealth of Virginia. The health of the Bay is vital to maintaining Isle of Wight County's economy and the welfare of its citizens. The Chesapeake Bay waters have been degraded significantly by many sources of pollution, including nonpoint source pollution from land uses and development. Existing high quality waters are worthy of protection from degradation to guard against further pollution. Certain lands that are adjacent to the shoreline have intrinsic water quality value due to the ecological and biological processes they perform. Other lands have severe development constraints from flooding, erosion, and soil limitations. Protected from disturbance, they offer significant ecological benefits by providing water quality maintenance and pollution control as well as flood and shoreline erosion control. These lands together, designated by the board of supervisors as Chesapeake Bay Preservation Areas (hereinafter "CBPAs"), need to be protected from destruction and damage in order to protect the quality of water in the Bay and consequently the quality of life in Isle of Wight County and the Commonwealth of Virginia. (8-21-06.) Sec. 1002. - Purpose and intent. This ordinance is enacted to implement the requirements of Section 62.1- 44.15:67 et seq., of the Code of Virginia, the Chesapeake Bay Preservation Act, and amends Appendix B-1 of the Isle of Wight County Code, known 10 also as the Chesapeake Bay Preservation Area Ordinance. The purpose and intent of this ordinance is to: (4-16-15) a. Protect existing high quality state waters; b. Restore all other state waters to a condition or quality that will permit all reasonable public uses and will support the propagation and growth of aquatic life, which might reasonably be expected to inhabit them; c. Safeguard the clear waters of the Commonwealth from pollution; d. Prevent any increase in pollution; e. Promote water resource conservation in order to provide for the health, safety, and welfare of the present and future citizens of Isle of Wight County. (8-21-06.) Sec. 1003. - Relationship to referenced laws, other county ordinances and guidance documents. (a) The requirements of this ordinance supplement the county's land development ordinances, including existing zoning and subdivision ordinances and regulations. It imposes specific regulations for development and other land uses within the Isle of Wight County preservation area. In the event of inconsistency between the provisions of this ordinance and the provisions established in other applicable ordinances, the more restrictive or stringent provisions shall apply. (b) Permitted uses, special permit uses, accessory uses and special requirements shall be as established by the zoning ordinance and the underlying zoning district, unless specifically modified by the requirements of this ordinance. (c) Lot size shall also comply with requirements of the underlying zoning district in the zoning ordinance, provided that all lots shall have sufficient area outside the Resource Protection Area to accommodate an intended development, in accordance with the performance standards in section 4002, when such development is not otherwise allowed in the Resource Protection Area. (d) References in this ordinance to any law statute, ordinance, rule or regulation in force on the date of adoption of this ordinance shall include any subsequent amendments or revisions. (e) Guidance documents prepared by the Virginia Department of Environmental Quality shall be used as references in the administration and interpretation of this ordinance. Where there appears to be a conflict between this ordinance and the guidance documents, the ordinance shall take precedence. (8-21-06, 4-16-15) Sec. 1004. - Applicability. (a) No person shall develop, alter, or use any land for residential, commercial, industrial, or civic uses, nor conduct agricultural, fishery or forestry activities in the Isle of Wight County preservation area except in compliance with the provisions of this ordinance. 11 (b) No development or resource utilization activity shall be permitted until all applicable approving authorities shall determine that the proposed development or activity is consistent with the goals and objectives of the Isle of Wight County preservation area program. (8-21-06.) Sec. 1005. - Severability. If any section, paragraph, subdivision, clause, phrase, or provision of this ordinance shall be adjudged invalid or held unconstitutional, such a ruling shall not affect the validity of the remainder of this ordinance. (8-21-06.) Article 2. - Definitions. Sec. 2000. - Purpose. It is the purpose of this article to define words, terms and phrases contained within this ordinance and other applicable terms. (8-21-06.) Sec. 2001. - Word usage. In the interpretation of this ordinance, the provisions and rules of this section shall be observed and applied, except when the context clearly requires otherwise: a. Words used or defined in one tense or form shall include other tenses and derivative forms. b. Words in the singular number shall include the plural number and words in the plural number shall include the singular number. c. The specific shall control the general. d. The word "person" includes a "firm, association, organization, partnership, trust, company," as well as an "individual." e. Any words pertaining to gender shall be interchangeable. The word "he" shall also mean "she", and "she" shall also mean "he". f. The words "used" or "occupied" include the words "intended, designed, or arranged to be used or occupied." g. The word "lot" includes the words "plot" or "parcel." h. The word "shall" is mandatory; the words "may" and "should" are permissive. i. In case of any difference of meaning or implication between the text of this ordinance and any caption, illustration, or table, the text shall control. j. All public officials, bodies, and agencies referred to in this ordinance are those of Isle of Wight County, Virginia, unless otherwise specifically indicated. (8-21-06.) Sec. 2002. - Definitions. The following words and terms used in these regulations shall have the following meanings, unless the context clearly indicates otherwise. a. Act .... means the Chesapeake Bay Preservation Act, Article 2.5 (Section 62.1-44.15.67 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia. (4-16-15) [IN b. Agricultural lands ..... mean those lands used for the tilling of the soil; the growing of crops or plant growth of any kind in the open, including forestry; pasturage; horticulture; dairying; floriculture; or raising of poultry and/or livestock. c. Best Management Practices (BMP's) ..... means a practice, or combination of practices, that are defined by a state agency or the Hampton Roads Planning District Commission guidelines to be the most effective, practical means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals. d. Buffer area ..... means an area of natural or established vegetation managed to protect other components of a Resource Protection Area and state waters from significant degradation due to land disturbances. e. Chesapeake Bay Preservation Area (CBPA) ..... means any land designated by the Board of Supervisors pursuant to Part III of the Chesapeake Bay Preservation Area Designation and Management Regulations, 9VAC25-830-70 et seq., and Section 62.1-44.15:72 of the Code of Virginia. A Chesapeake Bay Preservation Area shall consist of a Resource Protection Area and a Resource Management Area. (4-16-15) f. Construction footprint ..... means the area of all impervious surfaces, including but not limited to buildings, roads and drives, parking areas, sidewalks and the area necessary for construction of such improvements. g. Development ..... means the construction, or substantial alteration of residential, commercial, industrial, institutional, recreational, transportation, or utility facilities or structures. This shall include any construction, modification, extension or expansion of buildings or structures; placement of fill or dumping; storage of materials; land excavation; land clearing; land improvement; or any combination of these activities, including the subdivision of land. h. Diameter at breast height (DBH) ..... means the diameter of a tree measured outside the bark at a point four and one-half (4.5) feet above the ground. i. Dripline ..... means a vertical projection to the ground surface from the furthest lateral extent of a tree's leaf canopy. j. Erosion and Sediment Control Law .... means Article 2.4 (Section 62.1- 44.15:51 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia. (4- 16-15) k. Impervious cover ..... means a surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces include, but are not limited to: roofs, buildings, streets, parking areas, and any concrete, asphalt, or compacted gravel surface. 1. Land -disturbing permit ..... means a permit issued by the county for clearing, filling, excavating, grading or transporting, or any combination thereof. 13 in. Limits of clearing ..... means the extent to which vegetation can be removed from a property as shown on a plan approved by the county. n. Lot coverage ..... means the impervious area of any lot or parcel including, but not limited to buildings, drives, parking areas, sidewalks, patios, decks, etc. o. Mitigation ..... means measures taken to eliminate or minimize damage to environmentally sensitive areas from land disturbing or development activities. Such measures may include, but are not limited to, avoiding the impact altogether, limiting the degree or magnitude of the action, repairing or restoring the affected environmental area, reducing the impact over time by preservation and maintenance, or replacing or providing a substitute environmental area. p. Nonpoint source pollution ..... means pollution consisting of constituents such as sediment, nutrients, and organic and toxic substances from diffuse sources, such as runoff from agricultural and urban land development and use. q. Nontidal wetlands ..... mean those wetlands other than tidal wetlands that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to Section 404 of the federal Clean Water Act, in 33 C.F.R. 328.3b. r. Noxious weeds ..... means weeds such as Johnson grass, kudzu, and multiflora rose, including those identified by the Virginia Department of Conservation and Recreation as Invasive Alien Plant Species. s. Plan of development .... means any process for site plan review in Isle of Wight County zoning and land development regulations designed to ensure compliance with Section 62.1-44.15:74 of the Act and this chapter, prior to issuance of building permit. (4-16-15) t. Point source pollution ..... means pollution of state waters resulting from any discernible, defined or discrete conveyances. u. Public road ..... means a publicly owned road designed and constructed in accordance with water quality protection criteria at least as stringent as requirements applicable to the Virginia Department of Transportation, including regulations promulgated pursuant to i) the Erosion and Sediment Control Law and ii) the Virginia Stormwater Management Act. This definition includes roads where the Virginia Department of Transportation exercises direct supervision over the design or construction activities, or both, and cases where secondary roads are constructed or maintained, or both, by local government in accordance with the standards of that local government. v. Redevelopment ..... means the process of developing land that is or has been previously developed. 14 w. Resource Management Area (RMA) ..... means that component of the Chesapeake Bay Preservation Area that is not classified as the Resource Protection Area. (4-16-15) x. Resource Protection Area (RPA) ..... means that component of the Chesapeake Bay Preservation Area comprised of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may result in significant degradation to the quality of state waters. y. Silvicultural activities ..... means forest management activities, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation that are conducted in accordance with the silvicultural best management practices developed and enforced by the State Forester pursuant to § 10.1-1105 of the Code of Virginia and are located on property defined as real estate devoted to forest use under § 58.1-3230 of the Code of Virginia. z. Substantial alteration ..... means expansion or modification of a building or development that would result in a disturbance of land exceeding 2,500 square feet in the Resource Management Area only. aa. Substantial work ..... means that improvements have proceeded to where vertical construction of the basic structure or walls has begun on a building or other structure or for other land improvements, that significant progress has been made towards accomplishing the approved project. ab. Tidal shore ..... or shore means land contiguous to a tidal body of water between the mean low water level and the mean high water level. ac. Tidal wetlands ..... means vegetated and nonvegetated wetlands as defined in Section 28.2-1300 of the Code of Virginia. ad. Water -dependent facility means a development of land that cannot exist outside of the Resource Protection Area and must be located on the shoreline by reason of the intrinsic nature of its operation. These facilities include, but are not limited to (i) ports; (ii) the intake and outfall structures of power plants, water treatment plants, sewage treatment plants, and storm sewers; (iii) piers, marinas, and other boat docking structures; (iv) beaches and other public water -oriented recreation areas; (v) fisheries or other marine resources facilities; and (vi) shoreline and bank stabilization projects, where deemed necessary. ae. Water body with perennial flow means a body of water that flows in a natural or manmade channel year-round during a year of normal precipitation. This includes, but is not limited to, streams, estuaries, and tidal embayments and may include drainage ditches or channels constructed in wetlands or from former natural dramageways, which convey perennial flow. Lakes and ponds, into which a perennial stream flows and perennial flow exits, are part of a perennial stream. Generally, the water table is located above the streambed for most of the year and 15 groundwater is the primary source for stream flow. Perennial flow can be inferred by the presence of biological indicators, benthic macroinvertebrates that require water for entire life cycles, or by using an approved stream determination protocol. af. Wetlands .... means both tidal and nontidal wetlands. (4-16-15) ag. Zoning administrator ..... means the person designated as the official responsible for enforcing and administering all requirements of the County Zoning Ordinance, or a duly authorized designee. (8-21-06.) Article 3. - Areas of Applicability, Delineations of Boundaries, and Exemptions. Sec. 3000. - Areas of applicability. (a) The Chesapeake Bay Preservation Area (CBPA) Ordinance shall apply to all lands within the Chesapeake Bay drainage basin. The limits of this area are generally shown on the Chesapeake Bay Preservation Area maps adopted by the board of supervisors, which together with all explanatory matter thereon, are adopted as a part of this ordinance. This information may be supplemented by digital mapping resources in the course of administering the provisions of this ordinance. (b) The Chesapeake Bay Preservation Area shall be divided into two areas consisting of the following: 1. The Resource Protection Area (RPA), ..... which shall include: a. Tidal wetlands; b. Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow; c. Tidal shores; d. Water bodies with perennial flow, including streams, rivers, lakes and ponds; e. Other lands as may be designated by the Board of Supervisors and shown on the CBPA maps; and f. A vegetated buffer area not less than 100 feet in width located adjacent to, landward of, and on both sides of the resources listed in subsections a. through e. above. 2. The Resource Management Area (RMA) ..... shall consist of all areas within the Chesapeake Bay watershed. (8-21-06.) Sec. 3001. - Delineation and interpretation of boundaries. (a) The site-specific boundaries of the Resource Protection Area shall be provided by the applicant. The applicant shall delineate specific boundaries of the RPA through the performance of an environmental site assessment to be approved by the Zoning Administrator in accordance with section 5000(b) of this ordinance. 1. Delineation of the RPA shall include the designation of perennial water bodies by use of a scientifically valid system of in -field indicators of perennial flow or other means approved by the zoning 16 administrator. The site-specific delineation of the RPA shall be undertaken by the applicant and approved by the zoning administrator. 2. All components included in the Resource Protection Area (subsection 3000(b)l. above) shall be delineated separately, and shall be prepared by a person trained, qualified and experienced in performing wetland delineation work, such as an environmental engineer, environmental scientist, soil scientist, biologist or geologist. 3. Wetlands delineations shall be performed consistent with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1987, and shall be verified by the U. S. Army Corps of Engineers, where it determines it has jurisdiction. 4. The Chesapeake Bay Preservation Area Maps may be used as a guide to the general location of Resource Protection Areas, but shall not be a substitute for an on-site delineation. 5. This requirement may be waived by the zoning administrator when the proposed use or development and all associated land disturbing activities will clearly be located outside of a Resource Protection Area, based on an evaluation by the Zoning Administrator and after referral to the board of supervisors. 6. Delineations shall be valid for a period of five (5) years. B. Where the applicant has provided a determination of the Resource Protection Area, the Zoning administrator shall inspect the site and verify the accuracy of the boundary delineation. In determining the site-specific RPA boundary, the zoning administrator may consider previously submitted delineations and materials and consult with qualified specialists, including any private, state or federal resources available to the county. In the event the adjusted boundary delineation is contested by the applicant, the applicant may seek relief, in accordance with the provisions of subsection 5000(h) (Denial/appeal of plan). (c) If the boundaries of the Resource Management Area includes only a portion of a lot, parcel, or development project, the entire lot, parcel, or development project shall comply with the requirements of this ordinance. The division of property shall not constitute an exemption from this requirement. (8-21-06.) Sec. 3002. - Exemptions. The following uses and activities are exempt from the provisions of this ordinance provided that all of the requirements listed below are met. (a) Exemptions for public utilities, railroads, public roads, and facilities:..... Construction, installation, operation, and maintenance of electric, natural gas, fiber-optic, and telephone transmission lines, railroads, and public roads and their appurtenant structures in accordance with (i) regulations promulgated pursuant to the Erosion and Sediment Control Law (§ 62.1- 44.15:51 et seq. of the Code of Virginia) and the Stormwater Management Act (§ 62.1-44.15:24 et seq. of the Code of Virginia), (ii) an 1.7 erosion and sediment control plan and a stormwater management plan approved by the Virginia Department of Environmental Quality, or (iii) local water quality protection criteria at least as stringent as the above state requirements are deemed to comply with this ordinance. The exemption of public roads is further conditioned on the following: (4-16- 15) 1. The road alignment and design has been optimized, consistent with all applicable requirements, to prevent or otherwise minimize the encroachment in the Resource Protection Area and to minimize the adverse effects on water quality. (b) Exemptions for local utilities and other service lines:..... Construction, installation, and maintenance of water, sewer, natural gas, underground telecommunications and cable television lines owned, permitted or both, by a local government or regional service authority shall be exempt from this ordinance provided that: 1. To the degree possible, the location of such utilities and facilities should be outside Resource Protection Areas; 2. No more land shall be disturbed than is necessary to provide for the proposed utility installation; 3. All such construction, installation, and maintenance of such utilities and facilities shall be in compliance with all applicable state and federal requirements and permits and designed and conducted in a manner that protects water quality; and 4. Any land disturbance exceeding an area of two thousand five hundred (2,500) square feet complies with Isle of Wight County erosion and sediment control requirements (Chapter 6) and stormwater management requirements (Chapter 14A). (4-16-15) (c) Exemptions for silvicultural activities: ..... Silvicultural activities are exempt from the requirements of this ordinance provided that silvicultural operations adhere to water quality protection procedures prescribed by the Virginia Department of Forestry in the March 2011 edition of "Virginia's Forestry Best Management Practices for Water Quality Technical Manual, Fifth Edition." The Virginia Department of Forestry will oversee and document installation of best management practices and will monitor in -stream impacts of forestry practices in Chesapeake Bay Preservation Areas. (4-16-15) (d) Exemptions in resource protection areas: ..... The following land disturbances in Resource Protection Areas may be exempt from this ordinance provided that they comply with the requirements listed in subsections 1. through 5. below and obtain a zoning permit from the zoning administrator: (i) water wells; (ii) passive recreation facilities such as boardwalks, walking trails, and pathways; and (iii) historic preservation and archaeological activities. (4-16-15) 1. Any required permits, except those to which this exemption specifically applies, shall have been issued; and IN 2. Sufficient and reasonable proof is submitted that the intended use will not deteriorate water quality; and 3. The intended use does not conflict with nearby planned or approved uses. 4. Any land disturbance exceeding an area of two thousand five hundred (2,500) square feet shall comply with Isle of Wight County erosion and sediment control requirements (Chapter 6) and stormwater management requirements (Chapter 14A). (4-16-15) 5. Boardwalks, walking trails and pathways shall not exceed five (5) feet in width and shall be paved with a permeable material. For purposes of this section, boardwalks shall consist of an elevated public pedestrian walkway constructed along a shoreline or beach. (8-21-06.) Article 4. - Performance Standards and Development Criteria. Sec. 4000. - General performance standards. (a) Purpose and intent...... The performance standards establish the means to minimize erosion and sedimentation potential, reduce land application of nutrients and toxics, and maximize rainwater infiltration. Natural ground cover, especially woody vegetation, is most effective in holding soil in place and preventing site erosion. Indigenous vegetation, with its adaptability to local conditions without the use of harmful fertilizers or pesticides, filters stormwater runoff. Keeping impervious cover to a minimum enhances rainwater infiltration and effectively reduces stormwater runoff potential. The purpose and intent of these requirements is also to implement the following objectives: 1. Prevent a net increase in nonpoint source pollution from new development; 2. Achieve a ten (10) percent reduction in nonpoint source pollution from redevelopment; and 3. Achieve a forty (40) percent reduction in nonpoint source pollution from agricultural uses. (b) General performance standards for development and redevelopment in the Chesapeake Bay Preservation Area. 1. Land disturbance shall be limited to the area necessary to provide for the proposed use or development. a. In accordance with an approved plan of development, the limits of clearing or grading shall be strictly defined by the construction footprint. The zoning administrator shall review and approve the construction footprint through the plan of development process. These limits shall be clearly shown on submitted plans and physically marked in the development site. M b. Ingress and egress during construction shall be limited to one (1) access point, unless otherwise approved by the zoning administrator. 2. Indigenous vegetation shall be preserved to the maximum extent practicable consistent with the proposed use or development permitted and .in accordance with the Virginia Erosion and Sediment Control Handbook. a. Existing trees over eight (8) inches diameter at breast height (DBH) shall be preserved outside the approved construction footprint in accordance with the same standards established in subsection 4002(b)1. b. Site clearing for construction activities shall be allowed as approved by the zoning administrator through the plan of development review process outlined under section 5000 of this ordinance. c. Prior to clearing and grading, suitable protective barriers, like safety fencing, shall be erected five (5) feet outside the dripline of any tree or stand of trees to be preserved. Protective barriers shall remain throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier. 3. Development on slopes greater than fifteen (15) percent shall be prohibited unless such development is demonstrated to be the only effective way to maintain or improve slope stability. 4. Land development shall minimize impervious cover consistent with the proposed use or development. Impervious coverage on any lot or parcel shall be limited to the lot coverage permitted under the zoning district requirements of said lot or parcel, but in no case shall exceed sixty (60) percent of the total site. 5. Notwithstanding any other provisions of this ordinance or exceptions or exemptions thereto, any land disturbing activity exceeding two thousand five hundred (2,500) square feet, including construction of all single-family houses, septic tanks and drainfields, but otherwise as defined in Section 62.1-44.15:51 of the Code of Virginia, shall comply with the requirements of the Erosion and Sediment Control Ordinance, Chapter 6 of the County Code. Enforcement for noncompliance with the erosion and sediment control requirements referenced in this criterion shall be conducted under the provisions of the Erosion and Sediment Control Law and attendant regulations.(4- 16-15) 6. All development and redevelopment within RMAs and RPAs that exceeds two thousand five hundred (2,500) square feet of land disturbance shall be subject to a plan of development process, including the approval of a site plan in accordance with the provisions of Section 5000 of this ordinance; or a subdivision plan in accordance 20 with the Subdivision Ordinance; or a Water Quality Impact Assessment in accordance with section 4003 of this ordinance. 7. All on-site sewage disposal systems not requiring a Virginia Pollution Discharge Elimination System (VPDES) permit shall be pumped out at least once every five (5) years. As an alternative to the pump -out every five (5) years, there shall be the option of having a septic effluent filter installed and maintained in the outflow pipe from the septic tank to filter solid material from the effluent while sustaining adequate flow to the drainfield to permit normal use of the septic system. Such a filter should satisfy standards established in the Sewage Handling and Disposal Regulations (12 VAC 5-610) administered by the Department of Health. Furthermore, in lieu of requiring proof of septic tank pump -out every five (5) years, there shall be the option to submit documentation every five (5) years, certified by an operator or on-site soil evaluator licensed or certified under Chapter 23 (Section 54.1-2300 et seq.) of Title 54.1 as being qualified to operate, maintain or design on-site sewage systems, that the septic system has been inspected, is functioning properly, and that the tank does not need to have the effluent pumped out.(4-16-15) 8. A reserve sewage disposal site with a capacity at least equal to that of the primary sewage disposal site shall be provided, in accordance with the Isle of Wight County Health Code. This requirement shall not apply to any lot or parcel recorded prior to October 1, 1989, when a reserve sewage disposal site is not available, as determined by the local health department. Building or the construction of any impervious surface shall be prohibited on the area of all sewage disposal sites or on an on-site sewage treatment system which operates under a permit issued by the state water control board, until the structure is served by public sewer. 9. For any use or development exceeding 2500 square feet of development within Isle of Wight County's Chesapeake Bay Preservation Area, stormwater runoff shall be controlled by the use of best management practices consistent with requirements of Section 9VAC25-870-51 and 9VAC25-870-103 of the Virginia Stormwater Management Regulations and Chapter 14A of Isle of Wight County's Stormwater Management Ordinance. (4-16- 15) 10. Prior to initiating grading or other on-site activities on any portion of a lot or parcel, all wetlands permits required by federal, state, and local laws and regulations shall be obtained and evidence of such submitted to the zoning administrator, in accordance with Section 5000, of this ordinance. 11. Land upon which agricultural activities are being conducted shall undergo a soil and water quality conservation assessment. Such assessments shall evaluate the effectiveness of existing practices pertaining to soil erosion and sediment control, nutrient management and management of pesticides, and where necessary, results in a plan that outlines additional practices needed to ensure that water quality 21 protection is accomplished consistent with this ordinance. (8-21-06; 5-15-08; 3-20-14.) Sec. 4001. - Development criteria for resource protection areas. a. Land development in resource protection areas may be allowed in accordance with other county ordinances only when permitted by the zoning administrator and if it: i. Is water -dependent; or ii. Constitutes redevelopment; iii. Is a new use subject to the provisions of subsection 4002(b)2. of this ordinance; iv. Is a road or driveway crossing satisfying the conditions set forth in subsection 4001.a.3. below; or v. Is a flood control or stormwater management facility that drains or treats water from multiple development projects or from a significant portion of a watershed provided such facilities are allowed and constructed in accordance with the Virginia Stormwater Management Act and its attendant regulations, and provided that i) the local government has conclusively established that the location of the facility within the resource protection area is the optimum location; ii) the size of the facility is the minimum necessary to provide for flood control, stormwater management, or both; iii) the facility must be consistent with a stormwater management program that has been approved by the board as a phase 1 modification to the local government's program; iv) all applicable permits for construction in state or federal waters must be obtained from the appropriate state or federal agencies; v) approval must be received from the local government prior to construction; and vi) routine maintenance is allowed to be performed on such facilities to assure that they continue to function as designed. It is not the intent of this subsection to allow a best management practice that collects and treats runoff from only an individual lot or some portion of the lot to be located within a resource protection area.(4-16-15) 1. A new or expanded water -dependent facility may be allowed provided that the following criteria are met: a. It does not conflict with the comprehensive plan; b. It complies with the performance criteria set forth in sections 4001 and 4002 of this ordinance; c. Any non -water -dependent component is located outside of the RPA; and d. Access to the water -dependent facility will be provided with the minimum disturbance necessary. Where practicable, a single point of access will be provided. 2. Redevelopment on isolated redevelopment sites shall be permitted only if there is not an increase in the amount of impervious cover, W and no further encroachment occurs within the RPA, and it shall conform to applicable erosion and sediment control requirements of Chapter 6 of the County Code and the stormwater management requirements of Chapter 1.4A of the County Code. For purposes of this section, in redeveloping a site, the encroachment of a proposed building or structure shall be based on the location of existing buildings or structures, or the locations of legally established historical buildings or structures, or parking and other impervious cover located on the site. (4-16-15) 3. Roads and driveways not exempt under section 3002 and which, therefore, must comply with the provisions of this ordinance, may be constructed in or across RPAs if each of the following conditions are met: a. The zoning administrator makes a finding that there are no reasonable alternatives to aligning the road or drive in or across the RPA; b. The alignment and design of the road or driveway are optimized, consistent with other applicable requirements, to minimize encroachment in the RPA and minimize adverse effects on water quality; c. The design and construction of the road or driveway satisfies all applicable criteria of this ordinance; d. The zoning administrator reviews the plan for the road or driveway proposed in or across the RPA in coordination with the plan of development requirements as required under section 5000 or subdivision plan. b. A water quality impact assessment as outlined in section 4003 of this ordinance shall be required for any proposed land disturbance, development or redevelopment within resource protection areas. (8-21- 06; Ord. No. 2012-12-C, 10-18-12.) Sec. 4002. - Performance standards in Resource Protection Areas. (a) Purpose and intent. ..... To minimize the adverse effects of human activities on the other components of Resource Protection Areas (RPA), state waters, and aquatic life, a one hundred -foot wide buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff shall be retained if present and established where it does not exist. The buffer area shall be located adjacent to and landward of other RPA components and along both sides of any water body with perennial flow. The one hundred -foot full buffer area shall be designated as the landward component of the Resource Protection Area, in accordance with section 3000 and section 5000 of this ordinance. Notwithstanding permitted uses, encroachments, and vegetation clearing, as set forth in section 4001 and this section, the one hundred -foot buffer area is not reduced in width. 23 The one hundred -foot buffer area shall be deemed to achieve a seventy-five (75) percent reduction of sediments and a forty (40) percent reduction of nutrients. (b) General performance standards for development and redevelopment. 1. Permitted modifications to the buffer area. Note: Please refer to the Riparian Buffer Guidance Manual prepared by the Virginia Chesapeake Bay Local Assistance Board for additional information and guidance on the modifications to the buffer area permitted below. a. In order to maintain the functional value of the buffer area, indigenous vegetation may be removed only, subject to approval by the zoning administrator who may require a plan of development in accordance with section 5000, to provide for reasonable sight lines, access paths, and general woodlot management, and best management practices, including those that prevent upland erosion and concentrated flows of stormwater, as follows: i. Trees may be pruned or removed as necessary to provide for reasonable sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff. ii. Any path shall be constructed and surfaced so as to effectively control erosion. iii. Dead, diseased, or dying trees or shrubbery and noxious weeds (such as Johnson grass, kudzu and multiflora rose) may be removed and thinning of trees allowed as permitted by the zoning administrator pursuant to sound horticultural practices. iv. For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice and applicable permit conditions or requirements. 2. Permitted encroachments into the buffer area. a. When the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989, the board of supervisors may consider an exception in accordance with section 5002 of this ordinance that permits an encroachment into the buffer area in accordance with section 5000 and the following criteria: i. Encroachments into the buffer area shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities; 24 ii. Where practicable, a vegetated area that will maximize water quality protection, mitigate the effects of the buffer encroachment, and is equal to the area of encroachment into the buffer area shall be established elsewhere on the lot or parcel; and iii. The encroachment may not extend into the seaward fifty (50) feet of the buffer area. b. When the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded between October 1, 1989, and March 1, 2002, the board of supervisors may consider an exception in accordance with Section 5002 of this ordinance that permits an encroachment into the buffer area in accordance with Section 5000 and the following criteria: i. The lot or parcel was created as a result of a legal process conducted in conformity with the local government's subdivision regulations; ii. Conditions or mitigation measures imposed through a previously approved exception shall be met; iii. If the use of a best management practice (BMP) was previously required, the BMF shall be evaluated at the expense of the owner to determine if it continues to function effectively and, if necessary, the BMP shall be reestablished or repaired and maintained as required; and iv. The criteria in subsection 2.a. above for lots recorded prior to October 1, 1989 shall be met. 3. Establishment of the required buffer. a. Where a buffer has been reduced or does not exist, a landscaping plan pursuant to subsection 5000(c) shall be submitted and approved prior to issuance of any zoning or building permit. The landscaping plan shall be implemented in full or surety provided to the county pursuant to subsection 5000(f)2. prior to issuance of a certificate of occupancy. b. In determining and approving an appropriate buffer, the zoning administrator shall take into consideration adequate space around existing structures and other factors unique to the site. c. In determining the need for establishing the required buffer, staff may rely on the latest aerial photographs, actual site visits, and other appropriate resources available. d. This subsection shall not apply to the conversion from agricultural or silvicultural uses, which shall be governed by subsection 4002(b)5. 4. On agricultural lands the agricultural buffer area shall be managed to prevent concentrated flows of surface water from breaching the buffer area and appropriate measures may be taken to prevent noxious weeds IN from invading the buffer area Agricultural activities may encroach into the buffer area as follows: a. Agricultural activities may encroach into the landward fifty (50) feet of the one hundred -foot wide buffer area when at least one (1) agricultural best management practice, which, in the opinion of the Peanut Soil and Water Conservation District, addresses the more predominant water quality issue on the adjacent land — erosion control or nutrient management — is being implemented on the adjacent land, provided that the combination of the undisturbed buffer area and the best management practice achieves water quality protection, pollutant removal, and water resource conservation at least the equivalent of the one hundred -foot wide buffer area. If nutrient management is identified as the predominant water quality issue, a nutrient management plan, including soil test, must be developed consistent with the "Virginia Nutrient Management Training and Certification Regulations (4 VAC 5-15 et seq. administered by the Virginia Department of Conservation and Recreation. b. Agricultural activities may encroach within the landward seventy- five (75) feet of the one hundred -foot wide buffer area when agricultural best management practices which address erosion control, nutrient management, and pest chemical control, are being implemented on the adjacent land. The erosion control practices must prevent erosion from exceeding the soil loss tolerance level, referred to as "T", as defined in the "National Soil Survey Handbook" of November 1996 in the "Field Office Technical Guide" of the U. S. Department of Agriculture Natural Resource Conservation Service. A nutrient management plan, including soil test, must be developed consistent with the "Virginia Nutrient Management Training and Certification Regulations (4 VAC 5-15 et seq. administered by the Virginia Department of Conservation and Recreation. In conjunction with the remaining buffer area, this collection of best management practices shall be presumed to achieve water quality protection at least the equivalent of that provided by the one hundred -foot wide buffer area. c. The buffer area is not required to be designated adjacent to agricultural drainage ditches if the adjacent agricultural land has in place at least one (1) best management practice as considered by the Peanut Soil and Water Conservation District to address the more predominant water quality issue on the adjacent land — either erosion control or nutrient management. d. If specific problems are identified pertaining to agricultural activities which are causing pollution of the nearby water body with perennial flow or violate performance standards pertaining to the vegetated buffer area, the zoning administrator, in cooperation with soil and water conservation district, shall recommend a compliance schedule to the landowner and require the problems to Kai be corrected consistent with that schedule. This schedule shall expedite environmental protection while taking into account the seasons and other temporal conditions so that the probability for successfully implementing the corrective measures is greatest. e. In cases where the landowner or his agent or operator has refused assistance from the soils and water conservation district in complying with or documenting compliance with the agricultural requirements of this ordinance, the district shall report the noncompliance to the zoning administrator. The zoning administrator shall require the landowner to correct the problems within a specified period of time not to exceed eighteen (18) months from the initial notification of the deficiencies to the landowner. The zoning administrator, in cooperation with the district, shall recommend a compliance schedule to the landowner and require the problems to be corrected consistent with that schedule. This schedule shall expedite environmental protection while taking into account the seasons and other temporal conditions so that the probability for successfully implementing the corrective measures is greatest. 3. When agricultural or silvicultural uses within the buffer area cease, and the lands are proposed to be converted to other uses, the full one hundred -foot wide buffer area shall be reestablished. In reestablishing the buffer, management measures shall be undertaken to provide woody vegetation that assures the buffer functions are maintained or established. 4. Prior to any land disturbing activities or any development of a lot or parcel, a permanent sign shall be installed by the owner or developer identifying the landward limits of the RPA. Such signs shall conform to general guidelines established by the zoning administrator and approved by the board of supervisors as to size, design, color, material, location and content and shall be installed and maintained at the expense of the owner or developer in accordance with those guidelines. Signs may be obtained from the county, at cost, or may be provided by the developer. (8-21-06.) Sec. 4003. - Water quality impact assessment. a. Purpose and intent. ..... The purpose of the water quality impact assessment is to: i) identify the impacts of proposed land disturbance, development or redevelopment on water quality and lands in RPAs and other environmentally sensitive lands; ii) ensure that, where land disturbance, development or redevelopment does take place within RPAs and other sensitive lands, it will occur on those portions of a site and in a manner that will be least disruptive to the natural functions of RPAs and other sensitive lands; iii) protect individuals from investing funds for improvements proposed for location on lands unsuited for such development because of high groundwater, erosion, or vulnerability to flood and storm damage; iv) provide for administrative relief from terms of this ordinance when warranted and in accordance with the 27 requirements contained herein; and v) specify mitigation which will address water quality protection. b. Applicability...... A water quality impact assessment shall be required for any development or rezoning in the Chesapeake Bay Preservation Area which: i. Will disturb any portion of the one -hundred -foot buffer area of an RPA, or any component identified in subsection 3000(b) L; ii. Contains ten (10) acres or more for any use, other than development of single-family detached residential lots; iii. Contains twenty-five (25) acres or more for the development of single-family detached residential lots; or iv. Any other development that may warrant such assessment due to unique characteristics of the site or intensity of the proposed use or development, as may be required by the zoning administrator. c. Contents of the impact assessment...... The information required below shall be considered a minimum, unless the zoning administrator determines that some of the elements are unnecessary due to the scope and nature of the proposed use and development of land: 1. A site plan, which shall at minimum, contain the following: a. Location of the components of the resource protection area, including the one -hundred -foot buffer area delineated in accordance with section 3001; b. Location and nature of the proposed encroachment into the buffer area, including type of paving material; areas of clearing or grading; location of any structures, drives, or other impervious cover; and sewage disposal systems or reserve drainfield sites; c. Type and location of proposed best management practices to mitigate the proposed encroachment; d. Location of existing vegetation on site, including the number and type of trees and other vegetation to be removed in the buffer to accommodate the encroachment or modification; e. Re -vegetation plan that supplements the existing buffer vegetation in a manner that provides for pollutant removal, erosion and runoff control. 2. A hydrogeological element that: a. Describes the existing topography, soils, and hydrology of the site and adjacent lands. b. Describes the impacts of the proposed development on topography, soils, hydrology, and geology on the site and adjacent lands. c. Indicates the following: i. Disturbance or removal of wetlands and justification for such action; WHO. ii. Disruptions or reductions in the supply of water to wetland, streams, lakes, rivers, or other water bodies; iii. Disruptions to existing hydrology including wetland and stream circulation patterns; iv. Source location of description of proposed fill material; v. Location of dredging and location of dumping area for such dredged material; vi. Estimation of pre- and post -development pollutant loads in runoff; vii. Estimation of percent increase in impervious surface on site, type(s) of surfacing material used; viii. Percent of site to be cleared for project; ix. Anticipated duration and phasing schedule of construction project; x. Listing of all requisite permits from all applicable agencies necessary to develop project. d. Describes the proposed mitigation measures for the potential hydrogeological impacts. Potential mitigative measures include: i. Additional proposed erosion and sediment control concepts beyond those normally required under subsection 4000(b)5. of this ordinance; these additional concepts may include the following: minimizing the extent of cleared area; perimeter controls; reduction of runoff velocities; measures to stabilize disturbed areas; schedule and personnel for site inspection. ii. When required, proposed stormwater management system for nonpoint source quality and quantity control in compliance with Chapter 14A of Isle of Wight County's Stormwater Management Ordinance. (4-16-15) 3. A vegetative element that: a. Identifies and delineates the location of all woody plant material on site, including all trees on site eight (8) inches or greater diameter at breast height or, where there are groups of trees, said stands may be outlined. b. Describes the impacts the development or use will have on the existing vegetation. Information should include: i. General limits of clearing, based on all anticipated improvements, including buildings, drives, and utilities; ii. Clear delineation of all trees and other woody vegetation which will be removed; iii. Description of all plant species to be disturbed or removed. c. Describes the proposed measures for mitigation. Possible mitigation measures include: Q: i. Proposed design plan and replanting schedule for trees and other woody vegetation removed for construction, including a list of proposed plants and trees to be used; ii. Demonstration that the re -vegetation plan supplements the existing buffer vegetation in a manner that provides for pollutant removal, erosion and runoff control; iii. Demonstration that the design of the plan will preserve to the greatest extent possible any significant trees and vegetation on the site and will provide maximum erosion control and overload flow benefits from such vegetation; iv. Demonstration that indigenous plants are to be used to greatest extent possible. 4. In the case of a WQIA for shoreline and bank stabilization projects, the following items shall be required: a. Completion of the shoreline erosion control water quality impact assessment form, as provided by the zoning administrator and kept on file with the department of planning and zoning; b. An environmental assessment as follows: i. The environmental site assessment shall be drawn to scale and clearly delineate the environmental components identified in subsection 3000(b) of this ordinance; ii. Wetlands delineations shall be performed consistent with the procedures specified in the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1987," and updates as they become available; iii. The environmental assessment shall delineate the geographic extent of the resource protection area on the specific site or parcel as required under section 3001 of this ordinance; iv. The environmental assessment shall be drawn at the same scale as the preliminary site plan or subdivision plat; c. A landscaping plan in accordance with subsection 5000(c), except that the plans may be submitted by any qualified professional, including shoreline contractors and nursery professionals; d. A stormwater management plan in accordance with Chapter 14A of the Isle of Wight County Code, as required by state code Section 62.1-44.15:55; (4-16-15) e. An erosion and sediment control plan in accordance with Chapter 6 of the Isle of Wight County Code; (4-16-15) f. Project construction plans shall be certified as complete and accurate by a professional shoreline engineer or other qualified professional, as determined by the zoning administrator, as well as a determination as to the necessity of the project. 30 5. For phased projects, an updated WQIA shall be provided for each phase to the county planning and zoning department demonstrating the project's compliance with the criteria of the original WQIA. An updated WQIA shall be required until all phases of the project are complete. d. Submission, review requirements, and evaluation procedure. 1. Ten (10) copies of all site drawings and other applicable information as required by subsection c. above shall be submitted to the zoning administrator for review. (4-16-15) 2. All information required in this section shall be certified as complete and accurate by a professional engineer or certified land surveyor qualified to prepare such information. 3. Upon receipt of a water quality impact assessment, the zoning administrator will determine if review by DEQ or any other state agency is warranted. The zoning administrator will incorporate any comments received from such a review into the final report, provided that such comments are received within ninety (90) days of the request. (4-16-15) 4. Upon receipt of a completed water quality impact assessment and receipt of all appropriate comments, the zoning administrator shall forward the information to the planning commission for consideration. For shoreline and bank stabilization projects and piers consistent with the provisions of this ordinance, the zoning administrator may grant administrative approval of the water quality impact assessment. 5. The planning commission will determine whether or not the proposed development is consistent with the spirit and intent of this ordinance and make a recommendation to the board of supervisors based upon the following criteria: a. Within any RPA, the proposed development is water -dependent or redevelopment; b. The percentage of existing wetlands disturbed by the development. The number of square feet or acres to be disturbed; c. The development will not result in significant disruption of the hydrology of the site; d. The development will not result in unnecessary destruction of plant materials on site; e. Proposed erosion and sediment control concepts are adequate to achieve the reductions in runoff and prevent off-site sedimentation; f. Proposed stormwater management concepts are adequate to control the stormwater runoff for compliance with Chapter 14A of the Isle of Wight County Code; (4-16-15) g. Proposed re -vegetation of disturbed areas will provide optimum erosion and sediment control benefits, as well as runoff control tin and pollutant removal equivalent of the full one -hundred -foot undisturbed buffer area; h. The design and location of any proposed drain field will be in accordance with the requirements of section 4000. 6. The planning commission shall recommend additional mitigation where potential impacts have not been adequately addressed, subject to final approval or modification by the board of supervisors. Evaluation of mitigation measures will be made by the planning 4n commission based on the criteria listed above and in subsection 5. 7. The planning commission shall find the proposal to be inconsistent with the purpose and intent of this ordinance when the impacts created by the proposal cannot be mitigated, subject to final approval by the board of supervisors. Evaluation of the impacts will be made by the planning commission based on the criteria listed in subsection 5. (8- 21-06; Ord. No. 2012-12-C, 10-18-12.) Article 5. - Administrative Procedures and Enforcement. Sec. 5000. - Plan of development process. Any development, or any redevelopment exceeding two thousand five hundred (2,500) square feet of land disturbance shall be accomplished through a plan of development process prior to any development preparation activities onsite, such as clearing or grading of the site and the issuance of any building permit, to assure compliance of all applicable requirements of this ordinance. Modifications to the required buffer may require a plan of development, as determined by the zoning administrator. (a) Required Information. ..... In addition to the requirements of County Zoning Ordinance or the requirements of the County Subdivision Ordinance, the plan of development process shall consist of the plans and studies identified below. These required plans and studies may be coordinated or combined, as deemed appropriate by the zoning administrator. The zoning administrator may determine that some of the following information is unnecessary due to the scope and nature of the proposed development. The following plans or studies shall be submitted, unless otherwise provided for: 1. A plot plan or site plan in accordance with the provisions of County Zoning Ordinance or subdivision plat in accordance with the provisions of the County Subdivision Ordinance; 2. An environmental site assessment. 3. A landscaping plan; 4. A stormwater management plan in accordance with Chapter 14A of the County Code;(4-16-15) 5. An erosion and sediment control plan in accordance with the provisions of Chapter 6 of the County Code. 32 (b) Environmental site assessment. ..... An environmental site assessment shall be submitted in conjunction with preliminary site plan or preliminary subdivision plan approval. 1. The environmental site assessment shall be drawn to scale and clearly delineate the environmental components identified in subsection 3000(b) of this ordinance. 2. Wetlands delineations shall be performed consistent with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1987, as may be amended. 3. The environmental site assessment shall delineate the geographic extent of the Resource Protection Area on the specific site or parcel as required under section 3001 of this ordinance; 4. The environmental site assessment shall be drawn at the same scale as the preliminary site plan or subdivision plat, and shall be certified as complete and accurate by a professional engineer or a certified land surveyor. This requirement may be waived by the zoning administrator when the proposed use or development will be clearly located outside of an RPA, based upon an evaluation of the zoning administrator. (c) Landscape plan...... A landscape plan shall be submitted in conjunction with site pian review and approval or as part of subdivision plat approval. No clearing or grading of any lot or parcel will be permitted without an approved landscape plan. Landscape plans shall be prepared and/or certified by a design professional practicing within their areas of competence as prescribed by the Code of Virginia. 1. Contents of the plan. a. The landscape plan shall be drawn to scale and clearly delineate the location, size, and description of existing and proposed plant material. All existing trees on the site eight (8) inches or greater diameter at breast height (DBH) shall be shown on the landscaping plan, or where there are groups of trees, said stands may be outlined instead. The specific number of trees eight (8) inches or greater DBH to be preserved outside of the building envelope shall be indicated on the plan. Trees and other woody vegetation proposed to be removed to create the desired construction footprint shall be clearly delineated on the landscaping plan. b. Any required RPA buffer area shall be clearly delineated and any plant material to be added to establish or supplement the buffer area, as required by this ordinance, shall be shown on the landscaping plan. c. Within the buffer area, trees and other woody vegetation to be removed for reasonable sight lines, vistas, access paths, and best management practices, as provided for in subsection 4002(b)l.a., shall be shown on the plan. Vegetation required by this ordinance 33 to replace any existing trees within the buffer area shall be also be depicted on the landscape plan. d. Trees and other woody vegetation to be removed for shoreline stabilization projects and any replacement vegetation required by this ordinance shall be shown on the landscape plan. e. The plan shall depict grade changes or other work adjacent to trees that would affect them adversely. Specifications shall be provided as to how grade, drainage, and aeration would be maintained around trees to be preserved. f. The landscape plan will include specifications for the protection of existing trees and other vegetation during clearing, grading, and all phases of construction. g. If the proposed development is a change in use from agricultural or silvilcultural to some other use, the plan must demonstrate the re-establishment of vegetation in the buffer area. 2. Plant specifications. a. All plant materials necessary to supplement the buffer area or vegetated areas outside the construction footprint shall be installed according to standard planting practices and procedures. b. All supplementary or replacement plant materials shall be living and in a healthy condition. Plant materials shall conform to the standards of the most recent edition of the American Standard for Nursery Stock, published by the American Association of Nurserymen. c. Where areas to be preserved, as designated on an approved landscaping plan, are encroached, replacement of existing trees and other vegetation shall be achieved with a ratio of three (3) planted trees to each tree removed in accordance with good Zn woodlot management. Replacement trees shall be two (2) inches DBH at the time of planting. d. Use of native or indigenous species is strongly encouraged. 3. Maintenance. a. The applicant shall be responsible for the maintenance and replacement of all vegetation as may be required by the provisions of this ordinance. b. In buffer areas and areas outside the construction footprint, plant material shall be tended and maintained in a healthy growing condition and free from refuse and debris. Unhealthy, dying, or dead plant materials shall be replaced during the next planting season, as required by the provisions of this ordinance. (d) Stormwater management plan . ..... A stormwater management plan shall be submitted as part of the plan of development process required by this ordinance and in conjunction with site plan or subdivision plan approval 34 in accordance with the provisions of Chapter 14A of the County Code.(4- 16-15) 1. For phased projects, an updated stormwater management plan shall be provided for each phase to the county planning and zoning department demonstrating the project's stormwater management facilities are still meeting the pollutant removal standards of the original WQIA. Updated stormwater management plans shall be required until all phases of the project are complete. (4-16-15) (e) Erosion and sediment control plan...... An erosion and sediment control plan shall be submitted that satisfies the requirements of this ordinance and in accordance with Chapter 6 of the County Code, in conjunction with plot plan, site plan or subdivision plan approval. (f) Final plan...... Final plans for property within CBPAs shall be final plats for land to be subdivided or site plans for land not to be subdivided as required in the County Zoning Ordinance. 1. Final plans for all lands within CBPAs shall include the following additional information: a. The delineation of the Resource Protection Area boundary, including the one hundred -foot buffer component; b. Plat or plan note stating that no land disturbance is allowed in the buffer area without review and approval by the zoning administrator; c. All wetlands permits required by law; d. A maintenance agreement as deemed necessary and appropriate by the zoning administrator and/or the Stormwater Division to ensure proper maintenance of best management practices in order to continue their functions. (4-16-15) 2. Installation and bonding requirements. a. Where buffer areas, landscaping, stormwater management facilities or other specifications of an approved plan are required, no certificate of occupancy shall be issued until the installation of required plant material or facilities is completed in accordance with the approved site plan. b. When the occupancy of a structure is desired prior to the completion of the required landscaping, stormwater management facilities, or other specifications of an approved plan, a certificate of occupancy may be issued only if the applicant provides to the county a form of surety satisfactory to the county attorney in an amount equal to the remaining plant materials, related materials, or installation costs of the required landscaping or facilities and/or maintenance costs for any required stormwater management facilities as determined by the zoning adininistrator. 35 c. All required landscaping shall be installed and approved by the first planting season following issuance of a certificate of occupancy or the surety may be forfeited to the county. d. After all required actions of the approved site plan have been completed, the applicant must submit a written request for final inspection. If the requirements of the approved plan have been completed to the satisfaction of the zoning administrator, such unexpended or unobligated portion of the surety held shall be refunded to the applicant or terminated within sixty (60) days following receipt of the applicant's request for final inspection. The zoning administrator may require a certificate of substantial completion from a professional engineer or Class III B Surveyor before making a final inspection. (g) Administrative responsibility. ..... Administration of the plan of development process shall be in accordance with the County Zoning Ordinance or the County Subdivision Ordinance. The zoning administrator shall approve, approve subject to conditions, or disapprove the plans in accordance with the reviewing authorities' recommendations. The zoning administrator shall return notification of plan review results to the applicant, including recommended conditions or modifications. In the event that the results and/or recommended conditions or modifications are acceptable to the applicant, the plan shall be so modified, if required, and approved. (h) Denial of plan, appeal of conditions or modifications...... In the event the final plan or any component of the plan of development process is disapproved or recommended conditions or modifications are unacceptable to the applicant, the applicant may appeal such administrative decision to the planning commission within sixty (60) days of the administrative decision to be appealed. The planning commission shall make a recommendation to the board of supervisors. The final decision on an appeal shall be made by the board of supervisors. In preparing to recommend to grant or deny an appeal, the planning commission must find such plan to be in accordance with all applicable ordinances and include necessary elements to mitigate any detrimental impact on water quality and upon adjacent property and the surrounding area, or such plan meets the purpose and intent of the performance standards in this ordinance. If the planning commission finds that the applicant's plan does not meet the above stated criteria, they shall recommend denial of the plan. (8- 21-06.) Sec. 5001. - Nonconforming uses and nonconforming structures. a. The lawful use of a building or structure which existed on October 1, 1989 or which lawfully exists at the time of any amendment to the performance standards and criteria of this ordinance and which became not in compliance, may continue subject to the provisions of the county zoning ordinance and the provisions below: No change or expansion of use shall be allowed with the exception that: I . The zoning administrator may grant a nonconforming use and/or waiver for structures on legal nonconforming lots or parcels to provide for remodeling and alterations to such nonconforming structures provided that: a. There will be no increase in nonpoint source pollution load; b. Any development or land disturbance exceeding an area of two thousand five hundred (2,500) square feet complies with all erosion and sediment control requirements in accordance with the provisions of Chapter 6 of the County Code and stormwater management requirements in accordance with Chapter 14A of the County Code; (4-1.6-15) c. In the case of a structure that has become nonconforming due to encroachment into the RPA, the structure may be moved out of the RPA to reduce the amount of nonconformity, and a water quality impact assessment shall not be required. 2. An application for a nonconforming use and/or waiver shall be made to and upon forms furnished by the zoning administrator and shall include for the purpose of proper enforcement of this ordinance, the following information: a. Name and address of applicant and property owner; b. Legal description of the property and type of proposed use and development; c. A sketch of the dimensions of the lot or parcel, location of buildings and proposed additions relative to the lot lines, and boundary of the resource protection area; d. Location and description of any existing private water supply or sewage system. 3. A nonconforming use and development waiver shall become null and void twenty-four (24) months from the date issued if no substantial work has commenced. 4. An application for the expansion of a nonconforming structure may be approved by the zoning administrator through an administrative review process provided that the following findings are made: a. The request for the waiver is the minimum necessary to afford relief; b. Granting the waiver will not confer upon the applicant any specific privileges that are denied by this ordinance to other property owners in similar situations; c. The waiver is in harmony with the purpose and intent of this ordinance and does not result in water quality degradation; d. The waiver is not based on conditions or circumstances that are self-created or self-imposed; 37 e. Reasonable and appropriate conditions are imposed, as warranted, that will prevent the waiver from causing a degradation of water quality; f. Other findings, as appropriate and required by the county are met; and g. In no case shall this provision apply to accessory structures. (8-21- 06; Ord. No. 2012-12-C, 10-18-12.) 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 set 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 accordance with § 1.5.2-2204 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 MM 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. (8-21-06; 5-1-14.) Sec. 5003. - Enforcement, violation and penalties. (a) The primary responsibility for administering and enforcing this ordinance shall be assigned to the zoning administrator or a duly authorized designee. The zoning administrator or his duly authorized designee, planning commission members and board of supervisors' members including other persons designated by the board of supervisors, shall have authority to conduct inspections and surveys upon the property affected by this ordinance to determine compliance with this ordinance. The zoning administrator shall seek criminal or civil enforcement for any provision of this ordinance and take any action on behalf of the county to prevent or abate any violation or potential violation of this ordinance. The zoning administrator, upon written request of an interested person whose property may be affected, shall render an opinion as to the applicability of this ordinance to particular uses in its application to the factual circumstances presented. The zoning administrator shall design and distribute applications and forms required for this ordinance and request information that is pertinent to the request of the approval and shall perform such other duties as are necessary for the proper enforcement and administration of this ordinance. (b) In addition to any other remedies in subsection (a) of this section, the following penalties are incorporated in this ordinance as follows: 1. Any person who: (i) violates any provision of the ordinance or (ii) violates or fails, neglects, or refuses to obey any board of supervisors' or the zoning administrator's final notice, order, rule, regulation, or variance or permit condition authorized under this ordinance shall, upon such finding by an appropriate circuit court, be assessed a penalty not to exceed five thousand dollars ($5,000.00) for each day of violation. 2. With the consent of any person who: (i) violates any provision of this ordinance or (ii) violates or fails, neglects, or refuses to obey any board of supervisors' or zoning administrator's, notice, order, rule, regulation, or variance or permit condition authorized under this ordinance, the board of supervisors' may provide for the issuance of an order against such person for the one (1) time payment of civil charges for each violation in specific sums, not to exceed ten thousand dollars ($10,000.00) for each violation. Such civil charges shall be paid into the treasury of Isle of Wight County for the purpose of 39 abating environmental damage to or restoring Chesapeake Bay Preservation Areas in the county except that where the violator is the county or its agent, the civil charges shall be paid into the state treasury. The civil charges shall be in lieu of any appropriate civil penalty imposed under subdivision 1. of this subsection. Civil charges may be in addition to the cost of any restoration required or ordered by the board of supervisors or zoning administrator. (8-21-06.) Article 6. - Septic Pump -Out Program. Sec. 6000. - Purpose and findings. The purpose of the septic pump -out program is to protect public health, safety, and welfare through ensuring the proper functioning of on-site sewage disposal systems. The septic pump -out program also is intended to protect water quality within the Chesapeake Bay watershed, and is required to meet state and local Chesapeake Bay Preservation Area regulations. Findings made by Isle of Wight County include the following: 1. Individual and group on-site sewage treatment systems continue to be heavily relied upon throughout most parts of the county, including properties located within the Chesapeake Bay Watershed. 2. Septic systems require proper management and maintenance in order to continue working as intended. Solids will accumulate over time and require pumping out. 3. Septic systems that are improperly installed or maintained are subject to clogging and/or overflow. A malfunctioning system may cause contaminants to rise to the surface, pollute ground or surface water, create foul odors, and otherwise threaten public health, safety, and welfare. 4. Most experts recommend that on-site sewage treatment systems be inspected and pumped out as necessary every three (3) to five (5) years, according to the U.S. Environmental Protection Agency. 5. Septic systems that are properly maintained are less likely to cause pollution. Routine maintenance can help avoid the costs of emergency replacement and/or major repairs caused by neglect. (5-15-08.) Sec. 6001. - Authority. This program is authorized by the Commonwealth of Virginia, pursuant to 9VAC25-830-130 and Section 4000(B)(7) of the Isle of Wight County Chesapeake Bay Preservation Area Ordinance. (5-15-08, 4-16-15) Sec. 6002. - Severability. If any section, paragraph, subdivision, clause, phrase, or provision of this article shall be held as invalid or unconstitutional, such a ruling shall not affect the validity of the remainder of this article. (5-15-08.) Sec. 6003. - Effective date. This program shall go into effect on August 1, 2008. (5-15-08.) Sec. 6004. - Applicability. .O The purpose of the septic pump -out program is to encourage proper maintenance and increase the functional life of on-site septic systems through regular pump -outs at least once every five (5) years. The program applies to those properties located in the Chesapeake Bay watershed in Isle of Wight County, Virginia that are served by private, on-site sewage treatment and disposal systems. Please see special language located elsewhere in this document regarding septic systems equipped with septic tank effluent filters. A. No property owner located within the Chesapeake Bay watershed of Isle of Wight County, Virginia shall operate an on-site sewage treatment system unless such construction, installation, alteration, maintenance or operation is in compliance with all applicable sanitary regulations and this program. B. Septic tank pump -outs as prescribed in this article shall take place at least once every five (5) years, other than as noted in Item C. Furthermore, in lieu of requiring proof of septic tank pump -out every five (5) years, owners may submit documentation every five (5) years, certified by an operator or on-site soil evaluator licensed or certified under Chapter 23 (Section 54.1-2300 et seq.) of Title 54.1 as being qualified to operate, maintain or design on-site sewage systems, that the septic system has been inspected, is functioning, properly, and the tank does not need to have the effluent pumped out of it. (4-16-15) C. If deemed appropriate by the local health department and subject to conditions the local health department may set, as an alternative to the mandatory pump -out, owners have the option of having a plastic filter installed and maintained in the outflow pipe from the septic tank to filter solid material from the effluent while sustaining adequate flow to the drainfield to permit normal use of the septic system. (5-15-08; 3-20-14.) Sec. 6005. - Exemptions. Situations exempt from the septic pump -out requirement include any inactive or abandoned on-site septic system. To qualify for exemption, property owners must provide the county with appropriate, written verification. This could include a statement or other evidence acceptable to the county. The statement or evidence must show the old septic system has been pumped out and destroyed, either with the tank being crushed in and backfilled in place or the tank filled with clean sand. There is no permit required to abandon a septic tank system. (5-15-08.) Sec. 6006. - Definitions. AOSE:\ An abbreviation for "authorized on-site soil evaluator", an individual certified by the Virginia Department of Health. An ROSE is someone who has demonstrated knowledge, skills, and abilities in the practice of siting and designing on-site septic systems. An ROSE may be from the private sector or be employed by the Virginia Department of Health. Authorized inspector:\ This may include a licensed professional engineer, an authorized on-site soil evaluator, or a person hired or contracted by the county or state to inspect on-site septic systems. 41 Chesapeake Bay Preservation Area (CBPA):\ Any land designated by the board of supervisors pursuant to Part III of the Chesapeake Bay Preservation Area Designation and Management Regulations, 9VAC25-830-10 et seq., and Section 62.1-44.15:72 of the Code of Virginia (1950, as amended). The Chesapeake Bay Watershed covers half of Isle of Wight County, Virginia and generally includes all parcels to the east of Route 258. A map that precisely shows the extent of the watershed is available in the department of planning and zoning. (4-16-15) County:\ Isle of Wight County, Virginia. Malfunctioning system:\ Any septic system that is overflowing, clogged, or otherwise creating a threat to the public health, safety and general welfare, as regulated by the Virginia Department of Health. Includes any on-site system that is not performing as specified, as determined by an authorized inspector. Septic effluent filter:A A plastic device installed on the outflow pipe from the septic tank. The device filters solid material from the effluent while sustaining adequate flow to the drainfield. The outflow filter must meet standards set by the Sewage Handling and Disposal Regulations (12 VAC 5- 610-10 et seq.) administered by the Virginia Department of Health. Septic system:\ Any private on-site sewage treatment and disposal system not requiring a VPDES permit. Septic system, active:\ Any on-site septic system contained within the Chesapeake Bay Watershed that is currently in use for any affected property. Septic system, inactive:\ Any on-site septic system that has been abandoned or is no longer in service. The functional status of any given system must be documented by the Virginia .Department of Health or any licensed sewage handler. Sewage handler:\ Any person, contractor or corporation allowed to operate under a permit issued by the Virginia Department of Health to pump out sewage treatment systems. Violator:\ Any person who: (1) Violates any provision of this program; or (2) Violates or fails, neglects, or refuses to obey any board of supervisors' or the zoning administrator's final notice, order, rule, regulation, or variance or permit condition authorized under this program. Zoning administrator:\ The person, or authorized designee, responsible for administering and enforcing the septic pump -out program. (5-15-08.) Sec. 6007. - Administration. A. General procedures: ..... Septic systems located within the Chesapeake Bay watershed must be pumped out at least once every five (5) years, except as noted under Item F. for systems equipped with a septic tank effluent filter. Property owners are responsible for the costs of pump -outs. The zoning administrator is responsible for the general administration and enforcement of the septic pump -out program. IN To support the septic pump -out program, the county will create and maintain a database to document all affected septic systems and to serve as a tracking mechanism. The database will be organized according to Tax Parcel ID number. The database will contain the following information: name of property owner, mailing address, physical address, and last date of septic system pump -out. Affected property owners will be required to register their septic systems with the department of planning and zoning. This includes both existing and new septic systems. The county will notify property owners and provide the forms that need to be filled out to comply with the septic pump -out program. The department of planning and zoning will administer the program through a combination of public education, mailings, and information posted on the Isle of Wight County Internet web site. Activities to be undertaken by the county will include the following: • Notification to affected property owners. • Mailings of the program verification and compliance forms (once every five (5) years). • Other homeowner education and outreach as deemed appropriate. B. Program phase-in:..... The septic pump -out program will be phased in over a period of five (5) years. The phasing in will be done by election district, with one (1) election district added per year. The county's five (5) election districts include the Carrsville, Hardy, Newport, Smithfield, and Windsor districts. The phase-in will start with the Smithfield Election District and then continue by alphabetical order to the Windsor Election District, Carrsville Election District, Hardy Election District, and the Newport Election District. The program starts first with the Smithfield Election District to coordinate with the Town of Smithfield, which also is implementing a septic pump -out program. The Smithfield Election District includes the Town of Smithfield and parts of the county outside of town limits. C. Right of entry:..... The zoning administrator, or authorized designee, shall have the right to enter property where an individual or group septic system is located for the purpose of observation, inspection, monitoring and/or sampling the septic system, its drainfield and the surrounding land area. D. Role of property owner with septic system: ..... Property owners with septic systems located within the Chesapeake Bay watershed must participate in the septic pump -out program. This includes filling out, signing and submitting forms as required by the county. Property owners are in compliance with the septic pump -out program when: 1) They have filled out, signed and submitted the septic system verification forms as required by the county; and 2) They have had septic system pump -outs as required by the county. 43 This program will be carried out in stages, by election district, with the affected property owners notified each year by the county. In any given year, those property owners who have been notified by the county will have twenty-four (24) months from the date of notification to have pump -outs completed or to demonstrate why they are exempt from the program. Property owners who fail to provide information to the county when requested may be subject to civil penalties and/or court-ordered fines. E. Complaints and appeals:..... Written complaints about the septic pump - out program should first be directed to the zoning administrator, who can investigate and determine whether a complaint is valid. Any person or persons who continue to feel aggrieved by this program, or any decisions made by the zoning administrator, may appeal those decisions, in writing, to the board of supervisors. Appeals to the board of supervisors must be made within thirty (30) days of the date of the written decision by the zoning administrator, or such decision shall be final. Any decision by the board of supervisors regarding the septic pump -out program may be appealed by petitioning the Circuit Court of Isle of Wight County within thirty (30) days after the final decision of the board of supervisors, or such decision shall be final. F. Septic tank effluent filters:..... The septic pump -out program allows the installation of septic tank effluent filters on all new on-site septic systems and as a retrofit on all existing septic systems, where appropriate. The Virginia Department of Health has advised that some types of septic treatment systems do not have septic tanks and are not designed to include septic effluent filters (some aerobic sewage treatment units, for example, are not appropriate for installation of these effluent filters). Under the septic pump -out program, if deemed appropriate by the local health department and subject to conditions the local health department may set, owners have the option, in lieu of pump -out, to install and maintain a plastic filter in the outflow pipe from the septic tank to filter solid material from the effluent while sustaining adequate flow to the drainfield to permit normal use of the septic system. Please be aware of manufacturer specifications for effluent filters and any maintenance requirements associated with these filters. The county strongly recommends that septic tank effluent filters be installed by septic tank contractors and in accordance with standards set by the Virginia Department of Health. (5-15-08; 3-20-14.) Sec. 6008. - Enforcement, violations and penalties. A. Enforcement...... The zoning administrator, or authorized designee, holds the primary responsibility for administering the septic pump -out program. The zoning administrator shall seek criminal or civil enforcement for any provision of this program and take any action on behalf of the county to prevent or abate any violation or potential violation of this program. The zoning administrator, upon written request of an interested person whose property may be affected, shall render a decision, based on the facts presented, as to the applicability of this ordinance to particular situations that may arise under the septic pump -out program. See subsection 6007.E. regarding complaints and appeals. B. Penalties. ..... Violators shall, upon finding by an appropriate circuit court, be assessed a penalty up to five thousand dollars ($5,000.00) for each day of violation. As an alternative to a court-ordered penalty, violators may be offered the option of a onetime payment of civil charges for each violation in specific sums, not to exceed ten thousand dollars ($10,000.00) for each violation, as determined by the Isle of Wight County Board of Supervisors. (5-15-08.) The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Under the County Administrator's report, a request from the Electoral Board for adjustments to certain boundary lines was presented. Supervisor Darden moved to authorize a public hearing on May 21, 2015 to consider the requested revisions to district boundaries as presented by the Electoral Board. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. County Administrator Seward presented a categorical transfer request from the Schools relative to health insurance and Davis Bacon Act. She recommended establishing a reserve account address any future Davis Bacon Act expenses related to the Georgie Tyler Middle School project. Chairman Alphin moved to establish a fund reserve account to address any future Bacon Davis Act expenses related to the Georgie Tyler Middle School Project and present bills. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved to authorize the School's categorical transfer request to address their health insurance in the amount of $284,900. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin moved to designate $285,000 to meet the needs of the capital project, specifically the sprinkler system, and that the County be obligated for the Davis Bacon payments. The motion was adopted by a vote of (4-1) with Supervisors Alphin, Bailey, Darden and Jefferson voting in favor of the motion and Supervisor Casteen voting against the motion. M Jeff Terwilliger, Chief of Emergency Services, provided an overview of that Department's challenges associated with its current operations and recommended implementation of a 28 -day work period for eligible regular full-time employees. A Resolution to Adopt Chapter 1: Personnel, Article 111, Sections 3.2 and 3.4, Article V, Sections 5.0-5.3 and Article VI, Section 6.3 of the County Policy Manual was presented by Mary Beth Johnson, Director of Human Resources and recommended for adoption. Supervisor Jefferson moved that the following Resolution be adopted: RESOLUTION TO ADOPT CHAPTER 1: PERSONNEL, ARTICLE 111, SECTIONS 3.2 AND 3.4, ARTICLE V, SECTIONS 5.0-5.3, AND ARTICLE VI, SECTION 6.3 OF THE COUNTY POLICY MANUAL WHEREAS, the County has established guidelines regarding the provision of rates of pay, overtime, annual leave, sick leave, and holidays under Chapter 1: Personnel, Article 111, Sections 3.2 and 3.4, Article V, Sections 5.0-5.3, and Article VI, Section 6.3 of the County Policy Manual; and WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel, Article 111, Sections 3.2 and 3.4, Article V, Sections 5.0-5.3, and Article VI, Section 6.3 of the County Policy Manual to clarify the provisions, guidelines, rules and procedures necessary to accommodate the implementation of a 28 day work period for eligible regular full-time employees within the Department of Emergency Services, as authorized within the 7k work period exemption within the Fair Labor Standards Act. NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article 111, Sections 3.2 and 3.4, Article V, Sections 5.0-5.3, and Article VI, Section 6.3 of the County Policy Manual is hereby amended as follows: ARTICLE III Compensation Plan (Revised October 7, 1999, April 7, 2005, December 15, 2005, April 18, 2006, June 1, 2006, April 16, 2015) Section 3.2 (Revised April 7, 2005, April 16, 2015) Rates of Pay The rates of pay for County employees shall be in accordance with the salary schedule adopted by the Board of Supervisors. Generally, a new employee shall be paid between the minimum and midpoint of the salary range assigned for his/her class, depending on qualifications. The County Administrator has authority to make appointments wo above the midpoint when necessary to obtain the services of the best qualified candidate. Prior written approval from the County Administrator is required when a department director wishes to make an appointment above the first quartile of pay for the class. When a regular full-time employee assigned to a 28 -day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services transfers from a 24-hour schedule to a 40 -hour schedule, or vice versa, for an assignment greater than 30 days, the employee's rate of pay will be computed as follows. Computation of the hourly rate of pay will be made once the 30 days has been met, as follows: 1. When an employee is transferred from a 24-hour schedule to a 40 - hour schedule or status the employee's annual rate of pay is divided by 2,080 to provide the new hourly rate of pay. 2. When an employee is transferred from a 40 -hour schedule or status to a 24-hour schedule, the employee's annual rate of pay is divided by 2,756 to provide the hourly rate of pay. Section 3.4 (Revised October 7, 1999, April 16, 2015) Clverti m P Overtime shall be authorized when regularly scheduled work hours exceed the Fair Labor Standards Act (FLSA) standards for the granting of overtime. The County Administrator shall designate those positions which are eligible for overtime pay and compensatory leave and those which are not eligible for such pay and leave in accordance with the standards of the Fair Labor Standards Act. The County Administrator shall develop administrative regulations pertaining to overtime and monitor compliance with the provisions of the Fair Labor Standards Act, which shall include the following: a. Compensation time should be granted in lieu of overtime pay in all situations where possible. The accumulation of overtime should be discouraged and procedurally kept to a minimum, adjusting schedules and staffing to minimize the accumulation of overtime. b. All overtime must be approved in advance of occurrence by the employee supervisor. c. Prior to disbursement of compensation, the Department Head must authorize the payment of overtime compensation. d. Overtime pay will be disbursed as funds are made available through the budget adoption/amendment process. 47 e. Regularly scheduled overtime hours for fire protection employees will. be paid at the overtime rate whether or not the employee physically works the hours. This rule only applies to fire protection employees as defined in the Code of Virginia §9.1-700. ARTICLE V Leave Provisions (Revised September 1, 2005, December 15, 2005, February 2, 2006, April 5, 2007; October 2, 2008; January 8, 2009; June 19, 2014, October 16, 2014, December 18, 2014, April 16, 2015) Section 5.0 (Revised September 1, 2005, October 16, 2014, April 16, 2015) Annual Leave All regular full-time employees of Isle of Wight County assigned to a forty -hour workweek shall accrue annual leave based on an eight (8) hour work day. All regular, part-time employees with regularly scheduled hours between twenty (20) to twenty-nine (29) per week shall accrue annual leave at a rate of four (4) hours per month. Leave shall be charged to the nearest quarter-hour increment. Eligible employees separating from County employment shall be compensated for unused annual leave in the subsequent pay period after termination. All regular full-time employees assigned to a 28 -day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services shall have all leave charged on an hour for hour basis and shall accrue annual leave based on the equivalent of an eight (8) hour work day. Section 5.1 (Revised April 5, 2007; June 19, 2014; April 16, 2015) Calculated Annual leave for regular full-time employees, except those assigned to a 28 - day cycle, shall be calculated at the end of each pay period in accordance with the following schedule: Total Years Hours Days Of Service Per Month Per Year Maximum 0 to 5 8 12 288 hours 5+ to 10 10 15 288 hours 10+ to 15 12 18 288 hours 15+ to 20 14 21 288 hours 20 or more 16 24 288 hours Annual leave for regular full-time employees assigned to a 28 -day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services shall be calculated at the end of each pay period in accordance with the following schedule: Total Years Hours Days Of Service Per Month Per Year Maximum 0 to 5 11.2 16.8 403.2 hours 5+ to 10 14 21 403.2 hours 10+ to 15 16.8 25.2 403.2 hours 15+ to 20 19.6 29.4 403.2 hours 20 or more 22.4 33.6 403.2 hours Regular full-time employees on leave without pay for more than half of the workdays per pay period will not accumulate annual leave hours for that pay period. *Employees may exceed the maximum accrual amount of 288 hours (or 403.2 hours for those assigned to a 28 -day cycle) during the fiscal year; however, no more than 288 hours (or 403.2 hours for those assigned to a 28 - day cycle) may be carried over from one fiscal year to the next fiscal year. Any hours over 288 hours (or 403.2 hours for those assigned to a 28 -day cycle) will be automatically added to the sick leave balance up to a maximum of eighty (80) hours (or one hundred -twelve (112) hours) per fiscal year. Special Provisions for Fire Protection Employee Schedule Changes 1. When a regular full-time employee assigned to a 28 -day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services transfers from that 28 -day cycle schedule to a 40 -hour per week schedule or vice versa for an assignment greater than 30 days, his/her leave balances and hourly rate of pay will be converted. 2. Full-time employees assigned within the Department of Emergency Services accrue and charge all leave in accordance with applicable policy for the schedule to which assigned. In the event an employee is temporarily assigned to another schedule for less than 30 days, the leave accrued and leave charged will be adjusted to provide the same leave balance as if the employee had not been temporarily transferred. Such determinations are made on a case-by-case basis by the Chief of Emergency Services and the Director of Human Resources. 3. Annual leave is converted or adjusted when an employee is transferred M from one schedule to another to provide the same leave balance value. When an employee is transferred from a 28 -day cycle schedule to a 40 - hour per week schedule, the employee's annual leave balance will be divided by 1.4 to give the adjusted balance. When an employee is transferred from a 40 -hour per week schedule to a 28 -day cycle schedule, the employee's balance will be multiplied by 1.4 to give the adjusted balance. Ni -uv Nin-, New hires shall accrue annual leave for the month of initial hire according to the date of hire as follows: Date of Month Percent of Annual Leave Accrued 1s` to 7`h 100% 81h to 23"' 50% 24`h to last 0% Section 5.2 (Revised June 19, 2014, April 16, 2015) Approval The earliest possible notice, preferably two weeks, of intent shall be given by any employee who is eligible to take annual leave. Annual leave taken without prior approval may not be paid. Each department shall be responsible for the scheduling of annual leave of its employees and doing so without decreasing the operating efficiency of the department. Employees shall be paid for unused accrued annual leave up to the allowed maximum of 288 hours (or 403.2 hours for those regular full-time employees assigned to a 28 -day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services) at the time of retirement, resignation, termination, or death. In instances of reduction in force, an employee shall be paid for their actual unused accrued annual leave with no maximum cap enforced. Section 5.3 (Revised December 19, 2013; September 1, 2005; October 16, 2014, April 16, 2015) Sick Leave Sick leave is defined as leave with pay granted for personal illness of the employee or an immediate family member and for medical and dental appointments of the employee or immediate family member. For purposes of this sick leave policy, the immediate family of an employee is defined as: 50 natural parents, adoptive parents, foster parents, step-parents; spouse; natural, adopted or foster children; brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law; grandchildren and grandparents. A physician's certification/statement may be requested to validate sick leave when there is a pattern of absenteeism, if there is an indication that the employee's physical condition is adversely affecting performance, or for an absence of three (3) or more consecutive days. Leave usage will be charged in quarter-hour increments. Accrual Rates Regular, full-time employees who are Plan 1 or Plan 2 Virginia Retirement System (VRS) members: Sick leave is accrued at a rate of eight (8) hours per month (four (4) hours per pay period worked), with the exception of regular full-time employees assigned to a 28 -day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services, who accrue sick leave at a rate of 11.2 hours per month (5.6 hours per pay period worked). Employees must work more than half of the workdays per pay period in order to accrue sick leave for that pay period. Sick leave balances may be carried over from year to year and shall be unlimited. Special Provisions for Fire Protection Employee Schedule Changes 1. When a regular full-time employee assigned to a 28 -day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services transfers from that 28 -day cycle schedule to a 40 -hour per week schedule or vice versa for an assignment greater than 30 days, his/her leave balances and hourly rate of pay will be converted. 2. Full-time employees assigned within the Department of Emergency Services accrue and charge all leave in accordance with applicable policy for the schedule to which assigned. In the event an employee is temporarily assigned to another schedule for less than 30 days, the leave accrued and leave charged will be adjusted to provide the same leave balance as if the employee had not been temporarily transferred. Such determinations are made on a case-by-case basis by the Chief of Emergency Services and the Director of Human Resources. 3. Sick leave is converted or adjusted when an employee is transferred from one schedule to another to provide the same leave balance value. When an employee is transferred from a 28 -day cycle schedule to a 40 - hour per week schedule, the employee's sick leave balance will be divided by 1.4 to give the adjusted balance. When an employee is transferred from a 40 -hour per week schedule to a 28 -day cycle 51 schedule, the employee's balance will be multiplied by 1.4 to give the adjusted balance. Regular, full-time employees who are Hybrid Virginia Retirement System (VRS) members: Six (6) days of sick leave is front -loaded on an employee's first work day, subject to proration for service less than the full fiscal year. Employees may draw from their credited sick leave following the completion of one day's service. On January I" each year, employees in this category will accrue six (6) additional days of sick leave earning a total of twelve (12) days of sick leave each fiscal year. On June 301" each year, a payout of fifty percent (50%) of the sick leave balance will be granted as a wellness incentive. In the event of termination prior to the completion of the fiscal year, salary for any leave which was taken in excess of days actually earned will be withheld from the final payroll check. Regular (non -temporary) part-time employees who work a schedule of 20 — 29 hours per week will accrue sick leave at a rate of four (4) hours per month. ARTICLE VI Benefits (Revised January 17, 2002, September 1, 2005, December 15, 2005, October 16, 2006, October 4, 2007, November 15, 2007, July 1, 2008, December 41 2008, November 20, 2014, December 18, 2014, April 16, 2015) Section 6.3 Holidays (Revised October 4, 2007, July 1, 2008, December 18, 2014, April 16, 2015) Isle of Wight County shall observe the following holidays and other such holidays as may be prescribed by the Board of Supervisors or by the Governor of the Commonwealth of Virginia: New Year's Day Lee/Jackson Day King Day Washington's Birthday Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day First day of January Friday preceding Third Monday in January Third Monday in January Third Monday in February Last Monday in May Fourth day of July First Monday in September Second Monday in October Eleventh day of November Fourth Thursday in November and the day after Thanksgiving Day Twenty-fifth day of December and the day before or after Christmas Day 52 If any holiday falls on Saturday, the Friday preceding the holiday shall be observed. If the holiday falls on Sunday, the following Monday shall be observed. The Board of Supervisors may adjust the schedule to accommodate special circumstances. All regular full-time employees shall be entitled to holiday time off with pay equal to the employee's regularly scheduled hours of work. All regular part- time employees (those regularly scheduled for 20-29 hours per week) shall be entitled to time off with pay equal to four (4) hours. An employee forfeits eligibility to be compensated for the holidays observed by the County unless the employee works the last scheduled work day before the holiday and the first scheduled work day after the holiday or is on approved leave with pay. If a regular non-exempt full-time employee, except for employees assigned to a 28 -day cycle within the Department of Emergency Services, is required to work on a holiday, he/she shall receive his/her regular rate of pay for all hours worked plus compensatory time off. Since regular non-exempt full- time employees assigned to a 28 -day cycle, as authorized within the 7k work period exemption within the Fair Labor Standards Act, within the Department of Emergency Services regularly work holidays as part of their normal work schedule, these employees will be given a substitute holiday, which will be observed on another working day. These employees will receive the substitute holiday regardless of whether the employee works on the holiday or not. Substitute holidays must be taken within six (6) months after actual holiday observance or will be forfeited. One day of holiday leave for non-exempt full-time employees assigned to a 28 -day cycle is equal to twelve (12) hours. Partial holidays will be prorated (i.e. — half day holiday leave equals to six (6) hours, etc.). If an exempt employee is required to work on a holiday, he/she shall receive compensatory time off equal to the hours worked to be taken another time. If any part-time employee is required to work on a holiday, regardless of his/her status, he/she shall receive pay at the rate of time and a half for all hours worked on the holiday. Assignments for work on a holiday must be approved in advance by the department head or his/her designated representative. Given that the County recognizes the preceding Friday or following Monday but an eligible employee may be required to work on the actual holiday, the employee will be eligible for holiday pay in accordance with this holiday for any hours worked on both the day the County recognizes the holiday and for any work on the actual holiday. An employee who has an unexcused absence for any part of the workday preceding or following a holiday shall not receive holiday pay. An employee who is on approved leave with pay during a period in which a holiday falls, shall not be charged leave for the observed holiday. An employee who is on military leave with pay during a period in which a holiday falls, shall not receive any additional pay or compensatory leave for the holiday. An 53 employee on Workers' Compensation Leave will not receive holiday pay. In the case of an employee who terminates employment and the last day actually worked is the last work day before a holiday, the employee is not eligible for holiday pay unless the holiday is the last day of the pay period and the employee has been on active status for the full pay period. For Religious or other National Holidays, with leave approved by the supervisor, an employee may request authorized leave with pay as follows: • Request charged to compensation time off (if applicable) • Request charged to annual or personal leave The motion was adopted by a vote of (4-1) with Supervisors Alphin, Bailey, Darden and Jefferson voting in favor of the motion and Supervisor Casteen voting against the motion. The Rushmere Volunteer Fire Department's request for an alternative water source for fire suppression and training activities was brought up for discussion by County Administrator Seward who advised that it was staff's recommendation that a groundwater well be installed. Supervisor Jefferson moved that staff be directed to install a groundwater well to provide the Rushmere Volunteer Fire Department an alternative water source for fire suppression and training activities. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Mark W. Furlo, Director of Parks and Recreation, provided a history of efforts undertaken to date with regard to Bradby Park. He relayed staff's recommendation that the Board delay having a wetlands delineation performed until there are funds in the budget to develop the park. Supervisor Jefferson and Chairman Alphin agreed to meet onsite at the property to determine if that property is believed to be suitable for development. The following informational items were highlighted under the County Administrator section of the agenda by County Administrator Seward: Monthly Reports - Tax Levies & Collections in Isle of Wight County Monthly Fire/EMS Call Summary and Other Statistics FY 2014/2015; Isle of Wight Sheriff's Monthly Activity Report/March 2015; Isle of Wight Website Statistics/March 2015; Solid Waste Division Litter Pickup; Commercial and Residential Insurance Rating Update; Charter Communications — Upcoming Changes; memo regarding Employee Service Awards Luncheon; Safety and Wellness at Work; Nike Park Water Main to Gatling Pointe; and, an Isle of Wight Cooperative Extension Report for March 2015. 54 Arthur E. Berkley, Director of Inspections, provided an update on the County's insurance rating with respect to commercial and residential properties. Under Old Business, Supervisor Bailey moved that the Board adopt the Facilities Use Agreement developed by H. Woodrow Crook, Jr. and the County fund the Carrollton and Windsor Volunteer Fire Departments. The motion was defeated (1-4) with Supervisor Bailey voting in favor and Supervisors Alphin, Casteen, Darden and Jefferson voting against the motion. Adjournment was declared at 10:45 p.m. by Chairman Alphin. Carey 4ills Stbrm, Clerk 55 ZC1411 oz, R . AlplWqChairman