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
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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
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Supervisor Jefferson delivered the invocation and Chairman Alphin led the Pledge
of Allegiance.
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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
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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,
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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
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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,
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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.
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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.
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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
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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
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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.
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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
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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.
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(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.
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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.
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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
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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.
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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.
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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
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