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09-17-2015 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH DAY OF SEPTEMBER IN THE YEAR TWO THOUSAND AND FIFTEEN IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: Rex W. Alphin, Chairman Delores C. Darden, Vice -Chairman Rudolph Jefferson Alan E. Casteen Byron B. Bailey 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 County Attorney Popovich requested a closed meeting pursuant to Section 2.2- 3711(A)(1) of the Code of Virginia involving the appointment of specific appointees to County boards, committees or authorities as an item for discussion in closed meeting. Supervisor Jefferson moved that the Board enter the closed meeting for the stated reason. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that the Board return to open meeting. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey 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 1 resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Alphin, Darden, Jefferson, Casteen and Bailey NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The Board took no action following the closed meeting. At 6:00 p.m., the Board returned to open session and Supervisor Jefferson delivered the invocation and led the Pledge of Allegiance to the Flag. H Under Approval of the Agenda, Supervisor Darden requested that Item (A) under Old Business, the Petition for the Payment of Contributions to the Carrollton/Windsor Fire Departments, be moved to Special Presentations for further discussion; that Item (A) under the Consent Agenda, Resolution to Accept and Appropriate Nike Park Trail Grant and Local Match Funds, be removed for further discussion; and, that an item be added under New Business regarding the funding for the gymnasium in the Town of Windsor. Supervisor Bailey moved that the agenda be adopted as amended. 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 Consent Agenda, Supervisor Darden moved that the following Consent Agenda be adopted with the removal of Item (A), Resolution to Accept and Appropriate Funds for the Nike Park Trail Construction Project: A. Resolution to Accept and Appropriate Funds for the Nike Park Trail Construction Project B. Resolution to Accept and Appropriate a Local Government Challenge Grant Award from the Virginia Commission for the Arts 2 C. Resolution to Authorize a Transfer from the General Fund to Close out the Section 8 Fund D. Motion - Clarification of Motion to Approve a Conditional Use Permit to Allow for a Utility Service, Major (Solar Farm), and Request to Remove the Associated Parcels from the Longview Agricultural and Forestal District E. August 27, 2015 Regular Meeting Minutes The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Responsive to Supervisor Darden's request for clarification on Item (A), Resolution to Accept and Appropriate Funds for the Nike Park Trail Construction Project, specifically with respect to the local match funding, Jamie Oliver, Transportation Planner, advised that staff had placed a revised resolution at the Board's station which correctly reflects Federal and State allocations. She explained that the 2013 and 2016 grants which had been accepted by the Board had not appropriated. She further went on to explain that the total grant amount is $4.1 million, of which the County's match is $1.9 million, for a total of $6.1 million. She advised staff's recommendation is to accept and appropriate the total amount awarded by the State and, should the project funds not be utilized, they could be appropriated at a later point in time to a different project. Supervisor Darden moved that the following amended resolution accepting and appropriating funds for the Nike Park Trail Construction Project be adopted: RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FOR THE NIKE PARD TRAIL CONSTRUCTION PROJECT WHEREAS, Isle of Wight County, Virginia, is managing the Nike Park (Park -to -Park) Trail as a Locally Administered Project and anticipates notice to proceed to construction advertisement within Fiscal Year 2016; and, WHEREAS, Isle of Wight County, Virginia has received an FY13 grant award in the amount of $860,463 from the Virginia Department of Transportation (VDOT) for the Nike Park Trail construction project; and, WHEREAS, Isle of Wight County, Virginia has received an FY16 grant award in the amount of $1,771,746 from the Virginia Department of Transportation (VDOT) for the Nike Park Trail construction project; and, WHEREAS, said grant funds need to be accepted from the Virginia Department of Transportation and appropriated to the Project; and, 3 WHEREAS, the local matching fund requirement for the project is currently estimated at $1,507,148 and is available in the Capital Project Assigned Fund Balance. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia accepts grant funds in the amount of $2,632,209 or as much as shall be received from the Virginia Department of Transportation and appropriates said grant funds to the Nike Park Trail Construction Project. BE IT FURTHER RESOLVED that the Board of Supervisors appropriates funds in the amount of $1,570,148 from the Capital Projects Assigned Fund Balance to the Nike Park Trail Construction Project. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia be hereby authorized to make the appropriate accounting adjustments in the budget, execute required project agreements, and do all things necessary to give this resolution effect. 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 she had attended the renovation celebration of the Mary Wells Senior Center at Nike Park. She commended staff on a job well done. Supervisor Jefferson reported that the Western Tidewater Regional Jail Superintendent was recently evaluated for his performance and rated as outstanding. He advised that the Jail continues to be managed properly; is at 60% of total bed capacity and houses 66 County inmates. He further advised that the Federal inmate population is increasing which will result in additional revenue for the Jail. He noted 7.55% of the Jail's allocated budget has been spent since July 3151 and maintains a balance of $2,276,367. He advised that 10% of Jail employees reside in the County which has utilized inmates for a total of 385 hours. Noting that the City of Suffolk has utilized inmates for 867 hours, he suggested staff make contact with the School Division to inquire if inmates can be utilized in that organization. County Administrator Seward offered to contact Jail Superintendent Thornton to inquire if inmates can be utilized in school facilities. Chairman Alphin reported that the Hampton Roads Transportation Accountability Commission is the funding mechanism for large transportation projects in the State and the County's contributions at this time fl equal $2,663,976. He advised widening of 64 in the Peninsula; raising of the high-rise bridge; and, an increase in lanes on the segment of roadway from Bowers Hill to the high-rise bridge have been suggested as projects. He strongly encouraged the County becoming a larger player at the table. // Under Appointments, Supervisor Casteen moved that Carolyn A. Keen be reappointed to serve on the Historical Architectural Review Committee representing the Smithfield 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. Supervisor Darden moved that Grace Keen be reappointed to the Commission on Aging as the At -Large member. 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. The Clerk of the Board was requested to advise the Board regarding a recommendation for the Carrsville seat. Under Special Presentations, a PowerPoint presentation was provided by County Attorney Popovich outlining the timeline of events leading up to the submittal of a Petition for Payment of Contributions by the Carrollton and Windsor Volunteer Fire Departments and the associated steps to move forward for resolution of this issue. He reported that an agreement has been reached on proposed language contained in a Facility Use Agreement between those two organizations and he reviewed the changes contained in the Agreement, noting approval is now required by the other five volunteer organizations who have already signed a Facility Use Agreement. Responsive to an advisement from Attorney Test that the Carrollton and Windsor Volunteer Fire Departments desire to withdraw their respective Petitions for Contributions, Supervisor Bailey moved that the Chairman be authorized to execute the revised Facilities Use Agreement with all departments. 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. Jeff Terwilliger, Chief of Emergency Services, advised the Board that he did not anticipate the volunteer organizations who have already signed a Facilities Use Agreement having a concern with signing the revised Facilities Use Agreement. W County Attorney Popovich recommended that the Board adopt a resolution to appropriate certain funds from the unassigned fund balance to the Carrollton Volunteer Fire Department and the Windsor Volunteer Fire Department. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION TO RE -APPROPRIATE CERTAIN FUNDS FROM THE UNASSIGNED FUND BALANCE TO THE CARROLLTON VOLUNTEER FIRE DEPARTMENT AND THE WINDSOR VOLUNTEER FIRE DEPARTMENT WHEREAS, as previously directed by the Isle of Wight County Board of Supervisors, contribution funds from the FY2014-15 budget, originally appropriated for the Carrollton Volunteer Fire Department and the Windsor Volunteer Fire Department, were withheld pending agreement among the parties on a proposed Facility Use Agreement; and, WHEREAS, the parties failed within said fiscal year to reach an agreement resulting in the unexpended funds reverting back to the Unassigned Fund Balance; and, WHEREAS, the parties have now reached a mutual agreement and have entered into a Facility Use Agreement; and, WHEREAS, as part of the resolution to this matter, the Board of Supervisors has agreed to re -appropriate the funds originally proposed to be provided the departments as contributions during said fiscal year. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that a sum not to exceed Two Hundred Forty -Seven Thousand Two Hundred and Two Dollars and Twenty -Four Cents ($247,202.24) be re -appropriated from the Unassigned Fund Balance and immediately disbursed to the Carrollton Volunteer Fire Department; and, BE IT FURTHER RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that a sum not to exceed One Hundred Twenty -Two Thousand Nine Hundred and Eighteen Dollars ($122,918.00) be re - appropriated from the Unassigned Fund Balance and immediately disbursed to the Windsor Volunteer Fire Department; and, BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is hereby authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. 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. 2 County Attorney Popovich recommended that the Board adopt a resolution to appropriate certain funds from the unassigned fund balance to the Windsor Volunteer Fire Department. Supervisor Bailey moved that the following Resolution be adopted: RESOLUTION TO APPROPRIATE CERTAIN FUNDS FROM THE UNASSIGNED FUND BALANCE TO THE WINDSOR VOLUNTEER FIRE DEPARTMENT WHEREAS, the Windsor Volunteer Fire Department has indicated that it had not requested sufficient funding for ground maintenance costs, as required by the proposed Facility Use Agreement, in the FY2015-16 budget request submittal; and, WHEREAS, as part of the resolution to this matter, the Board of Supervisors has agreed to appropriate an additional One Thousand Two Hundred Dollars ($1,200.000) to the Windsor Volunteer Fire Department as part of the County's FY2015-16 contribution to cover such costs. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that a sum not to exceed One Thousand Two Hundred Dollars ($1,200.00) is hereby authorized and appropriated from the Unassigned Fund Balance to the Windsor Volunteer Fire Department for FY2015-16; and, BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is hereby authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. 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 staff be directed to move forward with development of a funding agreement between the County and all of the Departments with a deadline of December 1, 2015. 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. H Under Citizens' Comments, Vicky Hulick of Smithfield advised that previous minutes incorrectly reflect her support for paid fire fighters; however, should 7 reflect that she is in support of volunteers being paid. She spoke in support of additional schools being built in the Carrollton area. Debbie Bales Cratch of the Windsor District commented had the Board sat down with all the volunteer organizations and worked out an agreement, the events leading up to an acceptable Facilities Use Agreement would not have occurred. She stated more can be accomplished through a team effort than done separately. Dale Scott, member of the Windsor Volunteer Fire Department, noted his approval of an acceptable Facilities Use Agreement between the Board and the Windsor Volunteer Fire Department. He stated citizens have faithfully supported and provided encouragement to the Carrollton and Windsor Fire Departments over the last 16 months and those Departments' love for their community is why they volunteer. He commented that mistakes have been made and trust lost, but citizens can now begin the process now of restoring trust in the County's future leadership. Fred Mitchell, member of the Carrollton Volunteer Fire Department, echoed in favor the statements of Dale Scott and requested a moment of silence in honor of his brother, John Paul Memory, II, who gave his life in the line of duty on September 16, 2006. 11 Under Public Hearings, Chairman Alphin called for a public hearing on the following Ordinance amendment: Ordinance to Amend and Reenact Flood Insurance Rate Maps Effective December 2, 2015 and Acceptance of Updated Flood Insurance Study as part of the Isle of Wight County Code (Appendix B, Zoning, Section 6-4000, Floodplain Management Overlay (FPMO) District — Applicability) Kim Hummel, Environmental Planner, utilized a PowerPoint presentation to illustrate technical amendments to the Floodplain Management Overlay District which are necessary in order for the County to participate in the National Flood Insurance Program. She advised that the Planning Commission had recommended approval to the Board by a vote of 8-0 and that staff is recommending approval as presented. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Darden moved that the following Ordinance be adopted: An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting the Following Article of Appendix B, Zoning Ordinance: Article VI, Overlay Districts, Section 6-4000, Floodplain Management Overlay District WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinance that governs floodplain management in Isle of Wight County; and WHEREAS, the state Department of Conservation and Recreation's floodplain management program has recommended the Isle of Wight County ordinance contain specific reference to the updated Flood Insurance Rate Maps and Flood Insurance Study dated December 2, 2015; and WHEREAS, Isle of Wight County wishes to continue its participation in the National Flood Insurance Program; and WHEREAS, the Isle of Wight County Board of Supervisors needs to maintain the local floodplain management program in conformity with state recommendations and requirements of the National Flood Insurance Program; NOW, THEREFORE BE IT ORDAINED, by the Isle of Wight County Board of Supervisors that Appendix B, Zoning Ordinance, Article VI — Overlay Districts, Section 6-4000 — Floodplain Management Overlay District, requirements of the Isle of Wight County Code be amended and re- enacted as follows: Sec. 6-4000. - Floodplain Management overlay (FPMO) District.* * An ordinance adopted Sept. 17, 2015, amended and re-enacted § 6-4000, which consisted of § 6-4004, with a prior history of an ord. dated 8-21-14 and 7-7-05; and Ord. No. 2012-3-C, 2-16-12. Sec. 6-4001. - Purpose. This ordinance is adopted pursuant to the authority granted to localities by Virginia § 15.2-2280. The purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by: A. Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies. 9 B. Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding. C. Requiring all those uses, activities, and developments that do occur in floodprone districts to be protected and/or floodproofed against flooding and flood damage. Furthermore, it is the intent of these regulations to ensure that all property owners within the county are eligible for participation in the National Flood Insurance Program and able to secure such insurance at nominal rates. (8-21- 14.) Sec. 6-4002. - Designation of the floodplain administrator. The zoning administrator is hereby appointed to administer and implement these regulations and is referred to herein as the floodplain administrator. (8-21-14.) Sec. 6-4003. - Submitting technical data. A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flood conditions, risk premium rates and floodplain management requirements will be based upon current data. (8-21-14.) Sec. 6-4004. - Applicability. A. The provisions of this article shall apply to the following areas: 1. Areas designated as being within the 100 -year floodplain by the flood insurance study (FIS) prepared by the Federal Emergency Management Agency and as delineated on the flood insurance rate map (FIRM) for Isle of Wight County dated December 2, 2015, and any subsequent revisions or amendments thereto. A copy of the FIS and FIRM shall be filed in the department of planning and zoning and are hereby made part of this article. The floodplain management district (as identified in the FIS) is comprised of five (5) subdistricts: the floodway district, the floodfringe district, the approximated floodplain district, the coastal A zone, and the coastal high hazard floodplain district. The description of these districts and corresponding zones are identified in the aforementioned FIS report. (9-17-15). 2. The flood insurance rate map panels specifically referenced by this ordinance and dated to take effect on December 2, 2015 include the following: 51093C0018E, 51093C0050E, 51093C0054E, 51093C0056E, 51093C0058E, 51093C0065E, 51093C0066E, 51093C0067E, 51093C0070E, 51093C0086E, 51093C0088E, 51093C0089E, 51093C0093E, 51093C00115E, 51093C00120E, 10 51093C00125E, 51093C00135E, 51093C00150E, 51093C00151E, 51093C00152E, 51093C00153E, 51093C00154E, 51093C00156E, 51093C00157E, 51093C00158E, 51093COO 159E, 51093C00165E, 51093C00166E, 51093C00167E, 51093C00168E, 51093C00178E, 51093C00186E, 51093C00220E, 51093C00230E, 51093C00240E, 51093C00250E, 51093C00255E, 51093C00265E, 51093C00275E, 51093C00300E, 51093C00310E, 51093CO0320E and 51093C00350E. (9-17-15). 3. Such other areas as may be determined by the zoning administrator to be essential to the alleviation of potential flood damage caused by the 100 -year flood. Such determination shall be based on drainage and hydrology studies and amendment or revision of the FIRM shall be requested by the county. B. The floodplain management (FPM) district is an overlay to the existing underlying zoning district. Therefore, the uses, densities, lot configurations, setback requirements, height restrictions and accessory uses shall be determined by the underlying zoning district except as such regulations may be modified by application of the regulations in the FPM district. Where these regulations are at variance with other codes, ordinances and regulations, the most restrictive regulation shall apply. C. The delineation of the floodplain management district may be revised by Isle of Wight County where natural or manmade changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration. D. Initial interpretations of the boundaries of the floodplain management district shall be made by the zoning administrator. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit his own technical evidence if he so desires. (8-21-14.) Sec. 6-4005. - Compliance and liability. A. No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered within the floodplain management district except in full compliance with the terms and provisions of this section. B. The degree of flood protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. This ordinance does not imply that areas and land uses outside the floodplain management district will be free from flooding or flood damages which may be caused by larger floods or increased flood heights. 11 C. This article shall not create liability on the part of Isle of Wight County or any officer or employee thereof, for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. D. Records of actions associated with administering this ordinance shall be kept on file and maintained by the floodplain administrator. (8-21-14.) Sec. 6-4006. - Abrogation and greater restrictions. This ordinance supersedes any ordinance currently in effect in flood - prone districts. Any ordinance, however, shall remain in full force and effect to the extent that its provisions are more restrictive. (8-21-14.) Sec. 6-4007. - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this article shall be declared invalid for any reason, such decision shall not affect the remaining portions of this article. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this article are hereby declared to be severable. (8-21-14.) Sec. 6-4008. - Penalty for violation. Any person who fails to comply with any of the requirements or provisions of this article or directions of the floodplain administrator or any authorized employee of Isle of Wight County shall be guilty of the appropriate violation and subject to the penalties therefore. The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115. Violations and associated penalties of the zoning ordinance of Isle of Wight County are addressed in section 1- 1013 of the zoning ordinance. In addition to the penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by Isle of Wight County to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article. (8-21-14.) Sec. 6-4009. - Permit required. All uses, activities, and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this ordinance and with all other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC) and the Isle of 12 Wight County Subdivision Ordinance. Prior to the issuance of any such permit, the floodplain administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding. Under no circumstances hall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. (8-21-14.) Sec. 6-4010. - Use regulations. Permitted uses, special permit uses, accessory uses, dimensional standards, and special requirements shall be as established by the underlying zoning district, except as specifically modified herein. A. The following uses shall be specifically prohibited within the floodplain management district: 1. Landfills, junkyards, outdoor storage of inoperative vehicles; 2. Surface mines/borrow pits; 3. Manufacture, bulk storage, transformation or distribution of petroleum, chemical or asphalt products or any hazardous materials as defined in either or both of the following: a. Superfund Amendment and Reauthorization Act of 1986. b. Identification and Listing of Hazardous Wastes, 40 C.F.R. (Code of Federal Regulations) Section 261 (1987). c. The following products shall be specifically included: i. Oil and oil products including petrochemicals; ii. Radioactive materials; iii. Any materials transported or stored in large commercial quantities (such as fifty -five -gallon drums) which is a very soluble acid or base, causes abnormal growth of an organ or organism, or is highly biodegradable, exerting a strong oxygen demand; iv. Biologically accumulative poisons; v. Substances containing the active ingredients or economic poisons that are or were ever registered in accordance with the provisions of the Federal Insecticide, Fungicide, and Rodeticide Act, as amended (7 USC 135 et seq.); vi. Substances highly lethal to mammalian or aquatic life; 4. Storage or land application of industrial wastes; 5. Outdoor storage of equipment, materials, or supplies which are buoyant, flammable, or explosive; 6. Swimming pools or any other habitable use when the area beneath the elevated building is enclosed with walls of any type such as solid nonbreakaway, solid breakaway, or lattice -screen, or when 13 the area beneath the elevated building is not enclosed and a swimming pool or any other obstruction is above natural grade; or 7. Commercial feedlots, as described in section 3-2000. B. The following activities may occur below the level of the 100 -year flood elevation if administered in accordance with section 6-4013 of this article: 1. Nonstructural agricultural activities providing that any storage or stockpiling of manure shall be elevated to a level no less than two (2) feet above the elevation of the 100 -year flood. 2. Outdoor recreational uses including park areas, golf courses, tennis courts, and basketball courts. 3. Swimming pools or any other nonhabitable use located below elevated buildings when the area beneath the elevated building is not enclosed and the pool or other potential obstruction is flush with the natural grade provided that a licensed surveyor or engineer certifies that the swimming pool or other potential obstruction will not be subject to breaking up or floating out of ground and affecting the piles or columns of the elevated building. Furthermore, the swimming pool shall meet the same anchoring requirements as the support system of the elevated building and the area beneath the elevated building shall never be enclosed with walls or any type. 4. Functionally dependent uses such as docks, piers and wharves. 5. Access roads and parking areas for [subsections] 1. through 4. above. C. In addition to the prohibited uses in subsection 6-4010.A., the following restrictions shall apply to areas in the floodway: 1. No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted in the floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the 100 -year flood elevation. 2. Existing nonconforming structures within the floodway may not be expanded; however, they may be repaired, altered or modified to incorporate floodproofing measures, provided such measures do not raise the level of the 100 -year flood. (8-21-14.) Sec. 6-4011. - General provisions. A. No construction or improvement within the floodplain management district shall obstruct or unduly restrict any channel, whether or not such channel lies within a designated floodway. B. Watercourses shall not be altered or relocated except upon the presentation of data, certified by a licensed engineer, that the flood - 14 carrying capacity of such a modified watercourse will be at least equal to that prior to modification. Evidence of all necessary permits or approvals for the Federal Insurance Administrator, the U.S. Army Corps of Engineers, the Virginia Marine Resources Commission, and the Virginia Department Environmental Quality shall be required prior to such modification. C. The floodplain administrator shall notify adjacent localities of watercourse alterations or relocations. D. Adequate drainage shall be provided to reduce exposure to flood hazards. All storm drainage facilities shall be designed to convey the flow of surface waters away from buildings and on-site waste disposal sites and prevent the discharge of excess runoff onto adjacent properties in order to avoid damage to persons or property. (8-21-14.) Sec. 6-4012. - Special standards and requirements. A. Standards for subdivision plats and site plans. ..... Preliminary plans, development plans and final subdivision plats of all properties, all or part of which are located within any floodplain management district, must be prepared and sealed by a licensed surveyor or engineer. All proposals shall be consistent with the need to minimize flood damage. The following information, in addition to that which would otherwise be required, shall be provided on the respective plan. 1. The 100 -year flood boundary, as depicted on the FIRM and the flood hazard zone classification(s) shall be depicted on preliminary plans, development plans, and final plats. 2. Development plans shall provide topographical information for the site at a maximum contour interval of two (2) feet, provided however that a one -foot contour interval for one (1) foot lesser and one (1) foot greater than the 100 -year flood boundary shall be shown. 3. The elevation of the finished surface of the ground at each comer of each existing building located within any flood hazard zone shall be shown on development plans and final plats. 4. The elevation of the lowest floor including basement shall be shown on development plans for new construction or final plats of property with existing structures. 5. For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed and certified floodproofed. 6. In "VE" zones, the elevation (in N.G.V.D.) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns). 7. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. 8. Base flood elevation data obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in the flood insurance study for 15 subdivision developments and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever is the lesser, shall be shown. B. Standards for utilities. ..... All new or replacement utilities, water filtration, and wastewater treatment facilities, installed in the floodplain management district shall be designed to prevent the infiltration of floodwaters into or discharge from said utilities and constructed to minimize the potential for flood damage. Where private waste disposal systems are to be installed or replaced, they shall be installed so that they will not be permanently contaminated or impaired by a base flood. C. Standards for streets and roads. ..... Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood height. D. Standards for filling of floodplain areas. 1. Where fill within the floodplain management district is proposed, the following minimum standards shall apply: a. Prior to any fill, the floodway must be determined and no fill shall cause the adjacent base flood elevation to increase more than one (1) foot. b. Fill areas shall extend laterally a minimum of fifteen (15) feet beyond building lines from all points. c. Fill material shall consist only of soil and small rock materials (must pass through a three-inch opening ASTM standard sieve). Organic materials, such as tree stumps, asphalt, and rubble, shall be prohibited. d. Fill areas shall be graded to a finished slope of no steeper than one (1) vertical to three (3) horizontal, unless substantiated data, certified by a licensed engineer, which justifies steeper slopes, is submitted to and approved by the zoning administrator. e. The zoning administrator shall impose any additional standards deemed necessary to ensure the safety of the community and properties from additional flood hazard potentials caused by filling within the floodplain management district. 2. Filling or any other encroachment into a regulatory or other designated floodway which, as determined by the zoning administrator, in any way impairs its flood conveyance shall be prohibited. 3. Filling or any other encroachment into any channel within the floodplain management district which would, as determined by the zoning administrator, obstruct or unduly restrict water flows through said channel and, in so doing, increase the potential for flood damage, 16 shall be prohibited whether or not such channel lies within the regulatory or other designated floodway. 4. The filling of any portion of property solely to increase the elevation of the land to meet minimum lot area requirements and thereby create a buildable lot for residential construction within the floodplain management district shall be prohibited. 5. These standards may be individually waived by the zoning administrator, upon the recommendation of the Isle of Wight County Wetlands Board for approved parks, recreation facilities, shoreline erosion control and beach maintenance projects where sufficient data is presented justifying the project and where it is demonstrated that such actions will not increase flood levels on any properties. E. Construction standards for properties in zone A. 1. All new construction and substantial improvements in zone A must comply with all standards applicable to zone AE contained in this section and the floodplain construction provisions of the Virginia Uniform Statewide Building Code. In addition, the owner and/or developer of such property shall provide to the zoning administrator sufficiently detailed hydrologic and hydraulic analyses, certified by a licensed engineer, to determine state and other acceptable sources. F. Construction standards for properties in zone AE. ..... All new construction and substantial improvements in the floodplain management district shall occur in accordance with the applicable floodplain construction provisions for zone AE contained in the Virginia Uniform Statewide Building Code. The zoning administrator shall satisfy himself that all applicable provisions have been complied with prior to issuing building permits or temporary or permanent certificates of occupancy. In addition, the following standards shall apply: 1. All new and replacement electrical equipment, and heating, ventilating, air conditioning and other service facilities shall be installed at least one and one-half (1'/z) feet above the base flood elevation or otherwise designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding. 2. All electrical distribution panels shall be installed at least three (3) feet above the base flood elevation or otherwise designed and located so as to prevent inundation. 3. In all cases, elevation of the lowest floor of the structure, including basements, to at least one and one-half (1'/z) feet above the base flood elevation or, in the case of nonresidential structures, floodproofing to at least that level. All new and substantially improved structures shall be constructed according to the VA USBC, and anchored to prevent flotation, collapse or lateral movement of the structure. The lowest floor elevation of any new residential structure, including basements, constructed within a floodplain area shall be at least one and one-half (11/z) feet above based flood elevation. The lowest floor elevation of 17 any new nonresidential structure constructed within a floodplain area shall be at least one (1) foot above base flood elevation, unless such structure is floodproofed. In addition, no existing structure shall be modified, expanded or enlarged unless the new construction complies with this standard. 4. Manufactured homes that are placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home elevated a least one and one-half (11/2) feet base flood level and be securely anchored to an adequately anchored foundation system to resist floatation, collapse and lateral movement. 5. Recreational vehicles placed on sites shall either: a. Be on the site for fewer than one hundred eighty (180) consecutive days, be fully licensed and ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and has no permanently attached additions; or meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes in subsection FA. of this section. 6. New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 7. New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage. 8. New development shall not be permitted unless it is demonstrated that the cumulative effect of all past and projected development will not increase the base flood elevation by more than one (1) foot. 9. For floodproofed non-residential structures, a licensed professional engineer or architect must certify the structure has been floodproofed. 10. Where base flood elevation data has been utilized and obtained, as required by this ordinance, the floodplain administrator shall obtain, record, and maintain the actual finished construction elevations of the lowest floor and floodproofing elevations. This information shall be recorded on a current FEMA Elevation Certificate signed and sealed by a professional licensed land surveyor. 11. Fully enclosed areas of new construction or substantially improved structures, which are below regulatory flood protection elevation shall: a. Not be designed or used for human habitation, but shall only be used for parking of vehicles, building access or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator); [U-0 b. Be constructed entirely of flood -resistant materials below the regulatory floor protection elevation; c. Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria: i. Provide a minimum of two (2) openings on different sides of each enclosed area subject to flooding. ii. The total net area of all openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding. ill. If a building has more than one (1) enclosed area, each area must have openings to allow floodwater to automatically enter and exit. iv. The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade. v. Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions. vi. Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above. G. Construction standards for properties in coastal A zones. ..... All new construction and substantial improvements in coastal A zones of the floodplain management area shall comply with the provisions of the AE zone as set forth in Section 6-4012.F. H. Construction standards for properties in coastal high hazard area...... All new construction and substantial improvements in the V -zones of the floodplain management area shall occur in accordance with the applicable floodplain construction provisions contained in the Virginia Uniform Statewide Building Code. The zoning administrator shall satisfy himself that all applicable provisions have been complied with prior to issuing building permits or temporary or permanent certificates of occupancy. In addition, the following standards shall apply: 1. All new construction shall be located landward of the reach of mean high tide. 2. There shall be no fill used as structural support. 3. There shall be no alteration of sand dunes, watercourses or banks, which would increase potential flood damage. 4. Within V -zones on the flood insurance rate map, obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal 19 structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures. 5. All new construction and substantial improvements elevated on pilings and columns must have the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) elevated at least one and one-half (11/2) feet above the base flood level and the pile or column foundation and structure attached thereto must be anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water -loading values used shall be those associated with the base flood. Wind -loading values used shall be those required by applicable state or local building standards. A registered professional engineer or architect shall develop or review the structural design and methods of construction and shall certify that design and methods of construction to be used are in accordance with accepted standards. 6. Provide that all new construction and substantial improvements, within zones VE, V1-30 and V on the community's FIRM, have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice -work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls which exceed a design safe -loading resistance of twenty (20) pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: a. The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Water -loading values used shall be those associated with the base flood. b. Wind -loading values used shall be those required by applicable state or local building standards. Such enclosed space shall be usable solely for parking of vehicles, building access or storage. 7. All recreational vehicles placed in V -zones shall be: a. On site for fewer than one hundred eighty (180) consecutive days; and b. Be fully licensed and ready for highway use; or c. Meet the same standards as for conventional housing in V -zones. FA 8. All new and replacement electrical equipment, and heating, ventilating, air conditioning and other service facilities shall be installed at least three (3) feet above the base flood elevation or otherwise designed and located so as to prevent water from entering or accumulating within the system. 9. All electrical distribution panels shall be installed at least three (3) feet above the base flood elevation or otherwise located so as to prevent inundation. 10. In all cases, elevation of the lowest horizontal structural member of the lowest floor of the structure, excluding pilings or columns, to at least one and one-half (11/z) feet above the base flood elevation and may result in a reduction of flood insurance premiums. 11. Manufactured homes that are placed or substantially improved on sites shall meet the same standards as conventional housing in V - zones. (8-21-14.) Sec. 6-4013. - Variances. A. In acting upon application for variances from the provisions of this article, in addition to the requirements elsewhere set forth in this ordinance, the board of zoning appeals shall consider the following additional factors: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway that will cause any increase in the 100 -year flood elevation; 2. The danger that materials may be swept on to other lands or downstream to the injury of others; 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions; 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners; 5. The importance of the services provided by the proposed facility to the community; 6. The requirements of the facility for a waterfront location; 7. The availability of alternative locations not subject to flooding for the proposed use; 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; 9. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area; 10. The safety of access by ordinary and emergency vehicles to the property in time of flood; 21 11. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; 12. The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structures continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure; 13. Such other factors which are relevant to the purpose of this ordinance. B. The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters, at the expense of the applicant. C. Variances shall be issued only after the board of zoning appeals has determined that the granting of such will not result in: 1. Prohibited increases in the height of the floodway; 2. Additional threats to public safety; 3. Extraordinary public expense and will not create nuisances; 4. Cause fraud or victimization of the public; or 5. Conflict with local laws or ordinances. Variances shall be issued only after the board of zoning appeals has determined that variance will be the minimum required to provide relief from an undue hardship to the applicant. The board of zoning appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the 100 - year flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance. A record shall be maintained of the above notification as well as, all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator. (8-21-14.) Sec. 6-4014. - Existing structures in floodplain management district. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions: A. Existing structures in the floodway shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed expansion would not result in any increase in the 100 -year flood elevation. B. Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain area to 22 an extent or amount of less than fifty (50) percent of its market value shall conform to the Virginia Uniform Statewide Building Code. C. The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area to an extent or amount of fifty (50) percent or more of its market value shall be undertaken only in full compliance with this ordinance and shall require the entire structure to conform to the Virginia Uniform Statewide Building Code. (8-21-14.) 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, Zoning, Article III, Use Types, Article IV, Zoning Districts and Boundaries, Article V Supplementary Use Regulations) to allow for changes to Agricultural Use Types, Expand Uses in the Rural Agricultural Conservation (RAC) Zoning District and Allow for One `By -Right" Division of Land Around an Existing Residence in the RAC, and to Add an "Agritourism" Section and Supplementary Use Regulations Beverly H. Walkup, Director of Planning and Zoning, utilized a PowerPoint presentation to outline proposed amendments to the Ordinance. She advised that the Planning Commission had recommended approval of the amendments by a vote of (8-0) and by staff as presented. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed Ordinance amendments. No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Jefferson moved that the following Ordinance be adopted as presented: An ordinance to amend and reenact the following sections of the Isle of Wight County Code, Appendix B, Zoning: Article III, Use Types, Article IV, Zoning Districts and Boundaries, Article V Supplementary Use Regulations; in order to make changes to the agricultural use types, expand the uses allowed in the Rural Agricultural Conservation (RAC) zoning district and allow for one "by -right" division of land around an existing residence in the RAC, to add an "Agritourism" section, and to add supplementary use regulations. 23 WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors is also concerned about the compatibility of uses on public and private lands within Isle of Wight County and seeks to allow flexibility in the administration of the ordinance regulations while protecting the health, safety, and general welfare of present and future residents and businesses of the County. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article III, Use Types, Section 3-2000. Agricultural Use Types; Article IV Zoning Districts and Boundaries, Part 2. Rural Agricultural Conservation (RAC) District and Part 2A. Agritourism, and Article V, Supplementary Use Regulations, Section 5-1000. General Description thru Section 5-5001. Supplementary Use Regulations for Agricultural Use Types of the Isle of Wight County Code be amended and reenacted as follows: Sec. 3-2000. - Agricultural use types. Agricultural crop service tower and anterma.\ A structure on which an Z:� antenna or dish is installed as part of an agricultural operation. Agricultural farm equipment sales and service.\ The sale or rental of new and/or used farm, forestry, and construction equipment, displayed and sold on the premises. This definition also includes repair and service of such equipment. Agricultural farm product processing, warehousing and distribution service.\ Facility where farm products are brought in from other farms not owned by the facility owner or operator where the products are kept for storage, processing and/or distribution, Including refrigerated warehousing This definition shall include cotton gins, peanut buying stations, granaries, and soybean buying stations, but shall not include the storage and/or processing or distribution of livestock. Agricultural feed seed and farm supply service.\ An establishment where feed, seed, animal and agricultural supplies are primarily sold in bulk quantities. Agricultural service/agent.\ An establishment primarily engaged in services specifically to the agricultural community which is not providing directly associated with a farm operation. Included in this use type would be servicing of agricultural equipment, independent equipment operators, and other related agricultural services. C, MA Agriculture.\ The use of land for the production of food and fiber, Z-- including horticulture, hydroponics, truck gardens, cultivation of field crops, C, Z' nurseries, orchards, viticulture, livestock operations, dairy farms, and the use of heavy cultivating machinery, and irrigation machinery. This definition shall also include the following uses as accessory uses: grain dryers and C� In related structures, the storage of fertilizer, the storage of petroleum, agricultural service towers and antennas, and the repair of personal farming equipment. Agritourism: Any activity carried out on a farm or ranch that allo members of the general public, for recreational, entertainment, or education purposes, to view or enjoy rural activities, including farming, wineri n] breweries, ranching, historical, cultural, harvest -your -own activities, natural activities and attractions, regardless of whether or not the participa paid to participate in the activity. (See Article IV, (Zoning District a Boundaries), Part 2A. (Agritourism), Section 2AO03. (Agritouris Activities) for a list of permitted activities.) AqUacultUre.\ Land or activities devoted to the hatching, raising, Z— harvesting and breeding of fish, shellfish and aquatic plants for sale. Aquaculture, waterfront business.\ Commercial waterfront activities devoted to the hatching, raisin-, harvesting and breeding of fish, shellfish and aquatic plants for sale. This use shall also include a corninercial fishing pier r-1 open to the general public. C� Commercial feedlot.\ A lot, yard, structure, corral or other area subject to any applicable regulations administered and enforced by the Virginia Department of Environmental Quality in which livestock is confined, primarily for the purpose of feeding, growing, raising, holding, and birthing, prior to slaughter or sale. Included in this description are commercial feedlots, commercial poultry houses, and other similar intensive livestock operations. Fair, a-ricultural.\ Public event usually outside where agricultural goods, C, Z:) 0 exhibits, and farm animals are shown and sold, and where there is often food and entertainment. Farm employee housing.\ A manufactured home, Class A or B, as defined under residential use types, located on a farm for the purpose of housing an employee of that farm operation and his/her family. Also included in this use type would be multifamily dwelling(s) for seasonal employees in connection C with an agricultural use, which relies on seasonal employees who must be housed. Farmer's market,\ A market held in a structure or open area for the sale of seasonal produce such as meat, fish, fruits, vegetables, flowers and plants. Forestry operation, silvicultural and/or timbering.\ The development or maintenance of a forest or woodland area Linder a forest management plan. Owl Included are establishments in the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or other silvicultural gathering activities, as defined in Article 10. 1, Section 1181.1 of the Code of Virginia. Greenhouse, commercial.\ See "garden center" listed under commercial use types. Greenhouse, private.\ The growing and storage of garden plants, shrubs, 1� 0 trees, flowers, vegetables, and other horticultural and floricultural products within a building whose roof and sides are made of glass or other transparent or translucent material. Items grown are used and/or consumed by the occupants of the premises. Livestock auction market.\ A commercial establishment wherein livestock is collected for sale and auction. Reptile breeding.\ Activities devoted to breeding a wide variety of reptiles, including turtles, snakes and lizards to pet or commercial markets. Roadside stand.\ See "wayside stand." Sawmill,\ A facility used on a temporary or permanent basis where Im's or partially processed cants are sawn, split, shaved, stripped, chipped or otherwise processed to produce wood products. Stable, commercial.\ The boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property or riding of Z, horses by other than the owner or occupant of the property and their non- paying guests. Included in this definition are riding academies. A stable/tack shop is also included in this use type as an accessory use. Stable, private.\ The keeping, raising breeding or of horses or ponies L- z:1 exclusively for the personal use and enjoyment of' the owner or Occupant of the property or the riding of horses or ponies by the owner or occupant of the property and their guests. Viticulture.\ The cultivation and study of grapes and grapevines. Z:� 4- Wayside stand,\ A structure erected on the Occupant's property used for the sale of agricultural or horticultural produce, livestock or merchandise 4� produced on the farm by the owner or his family. (7-7-05; Ord. No. 201 1-11-C, 7-7-11.) Rol Part 2. Rural Agricultural Conservation (RAC) District. Sec. 4-2001. General description. This district is intended to preserve and protect areas of Isle of Wight County that are presently, predominantly in agricultural use and maintain the land base necessary to support agricultural activity. This district is designed to protect the agricultural industry from sprawling residential development that displaces substantial areas of agricultural land for a small number of dwelling units. Nonfarm residents should recognize that they are located in a rural agricultural environment where the right to farm has been established as county policy. (7-7-05; 11-15-07.) Sec. 4-2002. Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agricultural crop service towers and antennas Agricultural, farm or ranch (See Part 2A, Agritourism) Agricultural farm product processing, warehousing and distribution service Agricultural farm stay (See Part 2A, Agritourism) Agricultural service/agent Agricultural museum (See Part 2A, Agritourism) Agricultural service operation (See Part 2A, Agritourism) Agriculture Agritourism (See Part 2A, Agritourism) Aquaculture (See Part A, Agritourism) Cider Mill (See Part 2A, Agritourism) * Commercial feedlot Dairy (See Part 2A, Agritourism) Fair, agricultural *Farm brewery (See Part 2A, Agritourism) Farm winery (See Part 2A, Agritourism) Farm, temporary event in agricultural structure (See Part 2A, Agritourism) Farmer's market 27 * Forestry operation, silvicultural and/or timbering *Greenhouse, commercial and/or nursery Greenhouse, private Lawn and garden services Livestock auction market Sawmill Stable, commercial • In conjunction with residence • Not in conjunction with a residence Stable, private Wayside stand B. Residential uses: Accessory apartment Boathouse • Residential accessory apartment Dwelling, single-family Dwelling, single-family, farm * Family day care home Group home Guest house Home occupation, Type I Home occupation, Type 11 Kennel, private Manufactured home, Class A * Manufactured home, Class B * Manufactured home, family member residence * Manufactured home, temporary residence Temporary emergency housing C. Civic uses: Cemetery • Private park and ride facility Ox Post office Public safety service * Utility service/minor D. Commercial uses: * Construction office, temporary * Taxidermy Veterinary hospital/clinic E. Miscellaneous uses: Amateur radio tower Hunt club Turkey shoot (7-7-05; 1 1- � x,.071 Ord, �,io, 20 1 1 1 -C, 7,7 1 1: 7 b 7- ,Ij Sec. 4-2003. Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017, conditional uses. An asterisk (*) indicating additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agricultural farm equipment sales and service Agricultural feed seed and farm supply service Aquaculture waterfront business * Farm employee housing *Reptile breeding B. Residential uses: Dwelling, two-family Dwelling, multifamily conversion C. Civic uses: Administrative service Adult care center Assisted living facility Cemetery • Animal 29 • Church • Public * Child care institution * Child care center Club * Community center Correctional facility Crisis center Cultural service Educational facility, college/university * Educational facility, primary/secondary Halfway house *Nursing home Public assembly * Public maintenance and service facility * Public park and recreational area * Religious assembly * Transit station * Utility service/major D. Office uses: Medical office E. Commercial uses: * Agricultural service • Commercial assembly and repair • Farm and forestry implement storage, sales, and service Auction establishment * Antique shop * Bed and breakfast Business or trade school * Campground * Campground, workforce W * Commercial equipment repair, accessory to dwelling * Commercial indoor sports and recreation Commercial outdoor entertainment/sports and recreation Commercial outdoor swimming pool and tennis facility Contractor office and storage facility Crematorium Equipment sales and rental * Garden center General store, country * Golf course * Golf driving range * Kennel, commercial Lawn and garden services Marina F. Industrial uses: Abattoir or livestock processing Construction yard Convenience center Custom manufacturing Industry, Type I Landfill, industrial Landfill, rubble Landfill, sanitary Recycling center Resource extraction Scrap and salvage service Transfer station Warehousing and distribution G. Miscellaneous uses: Aviation facility, commercial Aviation facility, general 31 * Aviation facility, private * Communication tower Composting system, confined vegetative waste or yard * Reconstructed wetland * Shooting range, outdoor ll8, (.( 1 / i 17. i4.) Sec. 4-2004. Required zoning. All proposed residential subdivisions on properties zoned RAC, other than those expressly exempted in the Isle of Wight County Subdivision Ordinance, shall require rezoning to one (1) of the following zoning classifications prior to final approval of the subdivision plat by the subdivision agent: Rural Residential (RR), Suburban Estate (SE), Suburban Residential (SR), Urban Residential (UR), Village Center (VC), Planned Development Residential (PD -R), Planned Development Manufactured Home (PD -MH), Planned Development Mixed Use (PD -MX). A. A single tract of land may be permitted one "by -right" division of land around an existing residence without rezoning, provided that the minimum lot size and setback requirements are met for the newly created lot, the residual tract meets all minimum lot size requirements, and all applicable provisions of the Subdivision Ordinance are met. B. Clustering/sliding scale "by -right" provisions for single-family residential development in the Rural Agricultural Conservation District as designated in the Isle of Wight County comprehensive pian: 1. Under the sliding scale development provision, a tract of land containing one hundred (100) contiguous acres or greater zoned Rural Agricultural Conservation will be allowed four (4) divisions. One (1) additional lot or dwelling unit will be permitted for every additional forty (40) acres encompassed by the overall tract. For example, a one hundred forty -acre tract will yield five (5) lots. Minimum permissible lot sizes shall be encouraged so as not to allow subdivision development which is land consumptive; however, each lot must meet the minimum lot requirements for the Rural Agricultural Conservation (RAC) District. 2. In addition to the base density permitted above, the minimum area, width and frontage of the underlying zoning district, and the following standards shall be met: • All residential lots created through the act of subdivision shall be contiguously grouped and served by one (1) point of access to 32 county roads and shall comply with section 4-4-1 (streets) of the Isle of Wight County Subdivision Ordinance. • Residential structures in the subdivision shall be located at least one hundred (100) feet from the existing county road right-of-way and screened from the right-of-way by an existing or planted landscaped buffer. • All residential structures should be set back at least one hundred (100) feet from all active farm operations. • A central water supply system shall be provided to serve the subdivisions with over fourteen (14) lots. • The maximum lot size for any new lot created shall be ten (10) acres, unless otherwise approved by the board of supervisors or required by the county health department. • Lots shall be located to preserve seventy (70) percent of the original tract size in order to maximize continued use of the residual parcel for agricultural and silvicultural purposes. • No lot shall be designed, approved or employed for the use in which an area more than thirty (30) percent of the prescribed minimum lot area is comprised of one (1) or more of the environmentally sensitive areas referenced in the net developable calculations of the zoning ordinance. This shall not apply to lots specifically created exclusively to preserve and maintain environmentally sensitive areas. • All areas not included in lots or public street rights-of-way shall be incorporated into common open space and may be used for natural or landscaped buffers; agricultural uses including farmland and pasture not generating noxious odors such as land application of sewage sludge, hog or poultry farms or similar uses; horticulture; recreational use; historic preservation; forests; wildlife reservations and conservation areas; private stables for personal enjoyment; or other similar use. • The common open space shall be arranged and designed so as to facilitate its use, ensure continuity of design, and preserve sensitive environmental features. Failure to achieve these goals shall be sufficient reason for the agent to deny applications for open space development plan approved or required modifications that may include loss of lots. • Recreational areas shall not abut the exterior boundary of the open space development unless entirely adjacent to a publicly owned facility or community recreation facility of an adjoining residential development. • Adequate pedestrian and bicycle facilities shall be provided which fully interconnect the development and its recreation areas both internally and with existing, planned or desirable external pedestrian and bicycle facilities. 33 • Full plats recorded and all deeds for lots within the cluster development shall bear a statement indicating that the land is within an approved residential cluster subdivision and shall also bear a statement indicating the ownership status of the development's open space system and shall reference the covenants creating a property owners' association which shall also be recorded at the time final plats are put to record. • With approval of the planning commission, common open space within a cluster subdivision may be held by other than a property owners' association for agricultural uses including farmland, pasture, horticulture, recreational use, historic preservation, forests, wildlife reservations and conservation areas or other similar use. • Family member subdivisions shall be prohibited. • Manufactured homes, Class A and B and residential accessory apartments require a conditional use permit. C. In determining the overall tract size provision, staff shall base the number of lots permitted on the following, listed in order from least to most binding: 1. On the parcel shown on the latest county tax maps with the acreage indicated in the real estate records of the commissioner of revenue's office, excluding street or road rights-of-way. 2. On documents of record in the office of the clerk of the court, which shall take precedence over the tax map information. 3. On a new or modern survey of the property by a licensed surveyor. (7-7-05; 11-15-07.) Sec. 4-2005. Lot size requirements. A. Minimum lot area: Forty thousand (40,000) square feet. B. Minimum lot width (measured at the set back line): One hundred fifty (150) feet. C. Minimum lot frontage (measured at property front): One hundred twenty (120) feet. D. Minimum frontage on a cul-de-sac: Seventy-five (75) feet. (7-7-05; 11- 15-07.) Sec. 4-2006. Bulk regulations. A. Maximum building height: All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser. B. Minimum front yard setback: 1. Where right-of-way is > fifty (50) feet, the minimum front yard setback is sixty (60) feet from property line. 34 2. Where right-of-way is < fifty (50) feet, the minimum front yard setback is eighty-five (85) feet from center line of road. C. Minimum side yard setback: 1. Principle structures: Twenty-five (25) feet (one side); fifty (50) feet (both sides). 2. Accessory structures: Twenty-five (25) feet (see supplementary density and dimensional requirements, #1, accessory building requirements). D. Minimum rear yard setback: 1. Principle structures: Fifty (50) feet. 2. Accessory structures: Five (5) feet. Sec. 4-2007. Additional regulations. A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. (7- 7-05; 11-15-07.) Part 2A. A2ritourism. Sec. 4-2A001. General description. The intent of this section is to identify and encourage Agritourism as an economic development activity in the county based on the county's own historical, recreational and agricultural resources. Agritourism as permitted "by right" in the Rural Agricultural Conservation zoning district will serve to recognize and promote the entrepreneurship efforts of the local farm industry as a tourist attraction and will allow agriculturally -based properties to open their grounds to visitors interested in taking tours, making on-site product purchases and/or engaging in on-site activities. 35 Sec. 4-2A002. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Agricultural, farm or ranch: Means one or more areas of land used for the production, cultivation, growing, harvesting or processing of agricultural products. Agricultural farm stay: Means visiting a farm at least overnight as a paying guest, providing some experience of rural life. Agricultural museum: An establishment operated as a repository or collection of curiosities or objects of agricultural interest or significance for public display. Agricultural products: Means any livestock, aquaculture, poultry, horticultural, floricultural, viticulture, silvicultural, or other farm crops. Agricultural service operation: An occupation in which skill and expertise in some agriculturally related field are applied to the service of others engaged in agriculture; provided that sales of goods shall be limited to those incidental to the performing of a service. Agriculturally related products: Means items sold on-site or at a Farmer's Market to attract customers and promote the sale of agricultural products. Such items include, but are not limited to all agricultural and horticultural products, animal feed, baked goods, ice cream and ice cream based desserts and beverages, jams, honey, gift items, food stuffs, clothing and other items promoting the farm and agriculture in Virginia and value-added agricultural products and production on site. Agriculturally related uses: Means those on-site activities that predominantly use agricultural products, buildings or equipment, such as pony rides, corn mazes, pumpkin rolling, barn dances, sleigh/hay rides, and educational events, such as farming and food preserving classes. Agricultural tourism: Means the practice of visiting an agribusiness, horticultural, or agricultural activity, including, but not limited to, a farm, orchard, winery, brewery, greenhouse, a companion animal or livestock show, for the purpose of recreation, education, or active involvement in the operation, other than as an owner, contractor or employee of the activity. Agritourism: Any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, breweries, ranching, historical, cultural, harvest -your -own activities, or natural activities and attractions, regardless of whether or not the participant paid to participate in the activity. Agritourism activity: Means any agricultural activity that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, breweries, ranching, historical, cultural, harvest -your -own activities, natural activities and attractions, or other purposes of agricultural tourism, whether or not the we agritourism participant paid to participate in the activity. Agritourism activities must be conducted in accordance with section 22-262.3 herein. Agritourism participant: Means any person, other than an agritourism professional, who engages in an agritourism activity. Agritourism professional: Means any person who is engaged in the business of providing one or more agritourism activities, whether or not for compensation. Aquaculture: Means land or activities devoted to the hatching, raising, harvesting and breeding of fish, shellfish, and aquatic plants for sale. Cider mill: Means a mill that extracts juice from apples to make apple cider. Dairy: A commercial establishment for the manufacture and sale of dairy products. Farm brewery: A brewery located on a farm on land zoned RAC and owned or leased by such brewery or its owner and some agricultural products are grown on the farm, including barley, other grains, hops or fruit used by such brewery in the manufacture of its beer. A farm brewery shall not produce more than 15,000 barrels of beer per calendar year. Farm, temporary event in agricultural structure: A barn or similar structure that may be rented for special occasions, such as weddings, private parties, banquets, or other similar events. Farm winery: Means an establishment (i) located on a farm in the Commonwealth of Virginia with a producing vineyard, orchard, or similar growing area and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than 18 percent alcohol by volume or (ii) located in the Commonwealth of Virginia with a producing vineyard, orchard, or similar growing area or agreements for purchasing grapes or other fruits from agricultural growers within the Commonwealth of Virginia, and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than 18 percent alcohol by volume. As used in this definition, the terms "owner" and "lessee" shall include a cooperative formed by an association of individuals for the purpose of manufacturing wine. In the event such cooperative is licensed as a farm winery, the term "farm" as used in this definition includes all of the land owned or leased by the individual members of the cooperative as long as such land is located in the Commonwealth of Virginia. Farmer's market, on-site: A market held in a structure or open area for the sale of agricultural products or value-added agricultural products, directly to the consumer from a site on a working farm or any agricultural, horticultural or agritourism activity. Greenhouse, commercial, and/or nursery: Establishments engaged primarily in the retail sale of trees, shrubs, seeds, fertilizers, pesticides, plants, plant materials, and garden supplies, primarily for agricultural, residential and commercial consumers. 37 Non -agriculturally related products: Means those items not connected to farming or the farm operation, such as novelty t -shirts or other clothing, crafts and knick-knacks imported from other states or countries, etc. Non -agriculturally related uses: Means activities that are part of an agritourism operation's total offerings but not tied to farming or the farm's buildings, equipment, fields, etc. Such non -agriculturally related uses include amusement rides and concerts, and may be subject to obtaining a special event permit. Seasonal: Means a recurrent period characterized by certain occurrences, festivities, or crops; harvest, when crops are ready; not all year round. Value-added agricultural product: Means the enhancement or improvement of the overall value of an agricultural commodity or of an animal or plant product to a higher value. The enhancement or improvement includes, but is not limited to marketing, agricultural processing, transforming, or packaging, education presentation, activities and tours. Wine: Means any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing (i) sugar, including honey and milk, either with or without additional sugar; (ii) one-half of one percent or more of alcohol by volume; and (iii) no product of distillation. The term includes any wine to which wine spirits have been added, as provided in the Internal Revenue Code, to make products commonly known as "fortified wine" which do not exceed an alcohol content of 21 percent by volume. Sec. 2A003. Agritourism activities. (a) Where permitted, agritourism activities shall include, but not be limited to, the following: (1) Agricultural, farm or ranch, including: (i) Farmer's market, on-site, where at least 50 percent of the agricultural products offered for sale are/have been produced by the farm operator for at least three of the immediately preceding five years. (ii) Seasonal self -pick fruit and vegetable operations. (iii) Seasonal outdoor mazes of agricultural origin such as straw bales or corn. (2) Agricultural, farm stay, provided: (i) This use offers short-term lodging rooms and meals for paying guests looking for a rural experience on a working farm or ranch containing a minimum of ten (10) acres. For the purposes of this section, the term working farm shall require that the property owner or farm operator: a. Reside on the premises where the farm stay occurs; and N NO b. Is actively engaged in land use devoted to the production of food and fiber, including horticulture, hydroponics, cultivation of field crops, nurseries, orchards, viticulture, livestock operations, dairy farms or other similar use as determined by the Zoning Administrator; (ii) Lodging accommodations may be offered in the farm house occupied by the owner/operator, or an accessory structure or converted farm building, like barns, silos, chicken houses, meeting the requirements for residential occupancy. a. A recreational vehicle may also be used for a farm stay provided that no more than one (1) recreational vehicle be allowed on the property at one time, and provided that sewage waste disposal is accommodated in accordance with the Virginia Department of Health or by the use of bathroom facilities made accessible to guests in the farm house or other approved facilities. b. Camping tents may also be used for a farm stay provided that no more than three (3) be accommodated at one time and sewage waste disposal is accommodated by the use of portable toilets or the use of indoor bathroom facilities made accessible to guests in the farm house or other approved facilities. c. Recreational vehicle or camping tent farm stays shall also have an available water supply to accommodate hot and cold running water for shower facilities. d. Fires shall be made only in stoves, incinerators, and other equipment intended for such purposes. Portable fire extinguishers rated for class A, B, and C shall be kept in locations conveniently and readily accessible for use by all guests and shall be maintained in good operating condition. Their capacity shall not be less than required by applicable codes. (iii) No guests or group of guests shall remain on the premises for more than fourteen (14) consecutive nights per visit or permitted more than two (2) visits during a twelve (12) month period. (3) Agricultural, museum (4) Agricultural service operation (5) Aquaculture (6) Cider mill, where agricultural products of the mill are being derived from crops grown primarily on site for at least three of the immediately preceding five years. (7) Dairy 39 (8) Farm brewery (9) Farm temporary event in agricultural structure, provided: (i) Events shall be permitted up to twelve (12) times per year. For purposes of this section, a temporary event is an event conducted on a single day for which attendance is allowed only by invitation or reservation up to two hundred (200) persons and for which there is no individual admission fee are charged. Temporary events include, but are not limited to, meetings, conferences, banquets, dinners, wedding receptions, private parties, and other similar events. A conditional use permit may authorize the number of temporary events to exceed twelve (12) per year, or the number of allowed participants at any event to exceed two hundred (200) or more, or both. (ii) No event shall last later than 12:30 a.m. (iii) Adequate bathroom facilities are provided. (1.0) Farm winery, where: (i) Agricultural products of the winery are derived from crops grown primarily on site for at least three of the immediately preceding five years. (ii) The area for wine tasting and accessory food sales does not exceed 25 percent of the area of the main structure. (iii) Daily tours of a farm winery shall be permitted. (iv) Special events shall be permitted up to twelve (12) times per year. For purposes of this section, a special event is an event conducted at the farm winery on a single day for which attendance is allowed only by invitation or reservation for up to two hundred (200) persons. Special events include, but are not limited to, meetings, conferences, banquets, dinners, wedding receptions, private parties, and other events conducted for the purposes of marketing wine. A conditional use permit may authorize the number of special events per year, or the number of allowed participants at any event to exceed two hundred (200) or more, or both. (v) Festivals shall be permitted up to four (4) times per year. For the purposes of this section, a festival is an event conducted at a farm winery for up to three (3) consecutive days which is open to the general public and conducted for the purpose of marketing wine. (11) Greenhouse, commercial and/or nursery. (b) Any year in which the governor of Virginia issues a formal disaster declaration covering Isle of Wight County shall not be included in the calculations prescribed in subsection (a) above. M Sec. 2A004. Ancillary activities. Any agritourism activity may include one or more of the following ancillary uses so long as (i) the general agricultural character of the agritourism activity is maintained and (i) the aggregate gross receipts from the ancillary activity/activities does not exceed 50 percent of the gross receipts from the agritourism activity for three of the preceding five operating years. (a) Value-added agricultural products or activities such as educational tours or processing facilities, etc. (b) Bakeries selling baked goods containing produce grown primarily on site (e.g., minimum 50 percent). (c) Playgrounds or equipment typical of a school playground, such as slides, swings, etc. (not including motorized vehicles or rides). (d) Petting farms, animal display, and pony rides. (e) Wagon, sleigh and hayrides. (f) Nature trails. (g) Open air or covered picnic area with restrooms. (h) Educational classes, lectures, seminars. (i) Historical agricultural exhibits. 0) Kitchen facilities, processing/cooking items for sale. (k) Gift shops for the sale of agricultural products and agriculturally related products. (1) Gift shops for the sale of non -agriculturally related products such as antiques or crafts, where sales of the non -agriculturally related products do not exceed 25 percent of gross sales of the agritourism activity for three of the preceding five operating years. Sec. 2A005. Compliance with laws and regulations; permits and licenses. (a) A simplified site plan meeting the requirements of Article VII may be required showing the location of all areas that will serve to accommodate the agritourism activities, as may be determined by the Zoning Administrator. (b)All agritourism activities and ancillary activities shall be conducted in accordance with all federal, state, and local laws and regulations. This includes, but is not limited to, compliance with Code of Virginia, Section 3.2-6402(A), requiring the posting and maintaining of certain warning signs. (c) All necessary federal, state and local licenses and permits for agritourism activities and ancillary activities shall be obtained prior to beginning operation of, and shall be maintained in good standing 41 during operation of, the activities. This shall include the business license required by Article I of Chapter 13 of this Code if such activities meet the requirements of that chapter. ((1) 1 �d' o ' I � � () - l 0, �"' I ") Unless otherwise noted in the provisions of Part 2A (Agritourism), the minimum acreage for an Aarltourism activity is two (2) acres or more, including the primary residential use. MMININWRIM The minimum width for an Aaritourism activity within or outside of an enclosed structure, intended to attract more than an average of ten (10) vehicle trips per day in addition to the residential Use on the property, shall be three hundred (300) feet at the building setback line. I'he Zoning Administrator has the authority to waive this requirement if it is determined that there are no adjacent residential Uses within 300 feet of the proposed agritourism activity. Sec. 2AO08. Access Access shall be provided by an exclusive right of ingress/egress ftom a state maintained road. Sec. 2A009. Minimum setbacks. Front yard setback: All AgritOLII-ism structures and activities shall be located sixty (60) feet or more from the edge of the front property line, except that signs may be I erected in accordance with Article IX, SI-ris of this ordinance. Parking ZD 1-1 may OCCLIF within the front yard setback but shall be at least ten (10) feet from the front property line adjacent to the public road. Slide yard setback: 42 All AOJ-itOUrisrn activities, including parking, shall be located thirty-five L, t, 1-1 (35) feet and the total width of the two required side yards shall be seventy (70) feet or more. Rear yard setback:. AllAgritourism activities, including parking shall be located fifty (50) feet or more. Sec. 2A010. Nonconforming regulations for existing farm structures and uses. A zoning permit shall not be issued for a Nonconforming structure or use for- which orwhich a permit Agritourism activity is being sought until the following procedure has been completed: A. The Zoning Administrator Is to send written notification by certified letter to the last known address of each adjacent property owner advising therm of the proposed Agritourism activity and informing them that the permit may be issued if written conirrients are not received within thirty (30) days. The property shall also be posted with a sign pursuant to section 9-1006 for no less than fourteen (14) days prior to the expiration of the thirty (30) day period. B. If the Zoning Administrator receives no written objection from any property owner so notified within thirty (30) days of the date of sending the notification letter, and the Zoning Administrator determines that the proposed use otherwise complies with the zoning ordinance, and the requirements for sewage disposal, the Zoning Administrator- may issue a zoningL, permit for the Agritourism activity. C. If the Zoning Administrator receives written objection from any property owner so notified within thirty (30) days of the date of sending the notification letter, then the Zoning Administrator may not issue a zoning permit unless and until such time as a conditional use permit for the proposed Use is approved by the Board of Supervisors with a recommendation from the Planning Commission. Sec. 5-1000. General description. 43 The following supplementary use regulations are additional, modified, or more stringent standards for particular land uses contained in article IV, zoning districts and boundaries. The standards set forth in the supplementary use regulations shall be met regardless of the form of action required for approval. (7-7-05.) Sec. 5-1001. Prohibited uses. The following uses are specifically excluded from all districts: A. Unless otherwise expressly permitted, the use of a recreational vehicle as a temporary or permanent residence. B. Unless associated with a bonafide agricultural use, the use of a motor vehicle permanently parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business is conducted. C. Use of shipping containers as a residence or to support a residential, office, civic or commercial use. D. Storage of motor vehicles that are neither licensed nor operational outside of a substantially enclosed structure, which visually screens such vehicles from public rights-of-way and adjoining properties. Not licensed, for purposes of this section, shall mean not having all of the following: current decal, state inspection sticker, and license plates. (7-7-05, 3-20-14.) Sec. 5-1002. Prohibited uses in certain residential districts. The following activities are prohibited in the RR, NC, SE, SR, UR, PD -R, PD -MH and residential areas zoned PD -MX districts: A. Parking of a commercial vehicle overnight shall be prohibited, unless otherwise expressly permitted by this ordinance. B. No construction machinery or similar equipment shall be parked overnight unless the machinery is incidental to improving the premises. (7-7-05.) Sec. 5-1003. Change in use. A. A change in use of property occurs whenever the essential character or nature of the activity conducted on a lot is substantially altered. This occurs whenever: 1. The change involves a change from one (1) principal use category to another principal use category where the existing site improvements, particularly, but not limited to, parking and stormwater management, are inadequate to accommodate the demands of the new use. The principal use categories shall be agricultural, residential, civic, office, commercial, industrial, and miscellaneous. IM 2. A change from one (1) use to another use within a principal use category where the existing site improvements, particularly, but not limited to, parking and stormwater management, are inadequate to accommodate the demands of the new use. Uses which tend to create this situation include, but are not limited to, restaurants, medical offices, and convenience stores. 3. Whether a change in use occurs shall be determined by comparing the proposed use and the most recent use of the property against the provisions of this section. 4. A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use. 5. Where a nonresidential structure has remained unoccupied for more than two (2) years, any new use shall be deemed to be a change in use and all requirements of this ordinance shall apply, unless where the existing site improvements, particularly, but not limited to, parking and stormwater management, are adequate to accommodate the demands of the new use. (7-7-05; Ord. No. 2011-21-C, 11-17-11.) Sec. 5-1004. Accessory uses. The district regulations classify different principal uses according to their different impacts. Whenever a residential, civic, office, commercial, industrial, or miscellaneous activity (which may or may not be separately listed as a principal use) is conducted in conjunction with another principal use and that activity constitutes only an incidental or insubstantial part of the total use that takes place on a lot, then the activity shall be regarded as accessory to the principal use and shall be carried on in accordance with the permit issued for the principal use. For purpose of interpreting this section; A. A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use. B. An accessory use does not have to be connected with a principle use. However, their association must take place with sufficient frequency that there is common acceptance of their relatedness. C. Portable on demand storage (POD) units shall be considered a temporary structure. They are permitted for use for a total of sixty (60) days, after which a zoning permit must be obtained through the planning and zoning department. D. The operation of a drive-through facility associated with any use located outside the established boundaries of any development service district (DSD) shall require a conditional use permit. (7-7-05; Ord. No. 2013-2-C, 4-18-13.) 45 Sec. 5-1005. Accessory uses to residential principal uses. The following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory uses to residential principal uses: A. Hobbies or recreational activities of a noncommercial nature. B. The renting out of one (1) or two (2) rooms within a single-family residence (which one (1) or two (2) rooms do not themselves constitute a separate dwelling unit) to not more than two (2) persons who are not part of the family that resides in the single-family dwelling. C. Yard sales or garage sales, so long as such sales are not conducted on the same lot more than three (3) days (whether consecutive or not) during any ninety -day period. (7-7-05.) Sec. 5-2000. Supplementary density and dimensional regulations. A. Accessory building requirements. 1. The following provisions shall regulate the location of accessory buildings with respect to required yards: a. Accessory buildings shall be prohibited in any required yard which adjoins a street, except as permitted under subsection 5- 2000.E.3. b. Accessory buildings shall be located at least five (5) feet from any required rear lot boundary lines. c. Where an accessory building is located in a zoning district requiring a side yard and such building is entirely to the rear of the principal structure, the accessory building shall be located at least five (5) feet from any adjoining lot line. d. Accessory buildings shall not exceed the maximum height restriction for the zone in which such structures are located, except as specified in subsection 5-2000.D.2. B. Accessory uses and structures not permitted prior to principal uses or structures...... No accessory use or structure shall be permitted on a lot unless the principal use or structure is in existence previously or until construction of the principal structure is initiated. 1. Exception....A one story tool and storage shed may be allowed on a vacant lot zoned RAC for on-site property maintenance provided that the building area does not exceed 256 square feet and the structure meets the following criteria: a. The building eave height is 10 feet or less b. The maximum height from the finished floor level to grade does not exceed 18 inches C. The supporting structural elements in direct contact with the ground shall be placed level on firm soil and when elements are wood they shall be approved pressure preservative treated suitable for ground use contact. d. The structure is anchored to withstand wind loads as required by the Virginia Construction Code. e. The structure shall be of light -frame construction whose vertical and horizontal structural elements are primarily formed by a system of repetitive wood or light gauge steel framing members, with walls and roof of light weight material, not slate, tile, brick or masonry. f. Application for a conditional use permit may be made to allow construction of a utility/storage building that exceeds 256 square feet and shall be reviewed with consideration given to the property acreage and the reason a larger building is required for property maintenance and storage. C. Building height limitations. 1. For purposes of this section: a. Except as hereinafter provided, no building or structure, or part thereof, shall hereafter be erected or altered to a height greater than the maximum specified for the respective zone. D. Exceptions to height limits...... Notwithstanding other regulations in this article or the maximum specified for the respective zone, the following structures shall be permitted: 1. Church spires, belfries, cupolas, monuments, chimneys, utility transmission towers, water towers, fire towers, cooling towers, elevator penthouses, monuments or towers used in the manufacturing process, or other similar structures, may be permitted to exceed the height stipulated in the schedule of zone regulations by no more than twenty-five (25) percent if attached to a building or to a maximum of one hundred (100) feet if freestanding. The zoning administrator shall determine whether a proposed height increase is reasonable and serves a function beyond merely drawing attention to the structure. If an increase above a total of one hundred (100) feet is desired, a conditional use permit must be obtained. 2. Except as noted above, no accessory building or structure shall exceed the maximum height limitation established for the zoning district or the height of the structure to which it is accessory, whichever is less, provided, however, that structures which are accessory to a single - story structure may be constructed to a maximum height not exceeding one hundred twenty-five (125) percent of the height of the principal structure. In cases where this is permitted, the accessory structure shall be separated from the principal residential structure by a distance of at least twenty (20) feet. 47 3. Buildings or structures used in conjunction with a bona fide agricultural use or operation in the rural/agricultural conservation (RAC) district shall be exempt from the height limits specified in the zoning district regulations. 4. Solar heating and solar collection devices provided such devices do not exceed by more than five (5) feet the otherwise permitted maximum height for the zone in which they are located. 5. The Isle of Wight County Board of Supervisors with a recommendation by the planning commission may authorize an exemption to the height regulations. In granting exemptions, the board of supervisors with a recommendation by the planning commission may impose reasonable conditions. No exemption shall be granted which exceeds the height limitations of section 5-3000 (restrictions adjacent to airports). 6. Towers and antennas are allowed to the extent authorized in each zoning district. E. Building setback requirements...... No portion of any building or other structure may be located on any lot closer to any lot line or to the street right-of-way line than is authorized in each zoning district. 1. Future highway rights-of-way...... Wherever future highway rights- of-way have been established by official action by the board of supervisors or the Virginia Department of Transportation, these rights-of-way shall be used as the basis for determining required setbacks. 2. Setback measurement from right-of-way. a. If the street right-of-way line is readily determinable (by reference to a recorded map, set irons, or other means), the setback shall be measured from such right-of-way line. b. In any district, on any lot which fronts on a road having a right-of- way less than fifty (50) feet wide or of undetermined width, the required minimum front yard setback line shall be measured from a point twenty-five (25) feet from the center of such street right- of-way. 3. Front yard requirements in developed areas. ..... Where existing buildings or structures occupy lots comprising at least fifty (50) percent of the lots within a block, and the average front yard depth of the existing buildings or structures is less than that required by this ordinance, the average so established may be taken in lieu of that which is normally required, provided that in no case shall a front yard depth so determined be less than twenty (20) feet, or less than the setback line denoted on a recorded subdivision plat, whichever is greater. For the purpose of this calculation, lots on the same side of a street on either side of the lot in question for a distance of six hundred (600) feet or to the nearest street intersection, whichever is less, shall be considered. 4. Front yards on through lots...... On any lot that runs through a block from street to street, a front yard as otherwise required in the zone shall be provided along each street lot line. F. Side yards. 1. Side yards decreased for narrow lot...... For each foot by which a nonconforming lot of record at the time of enactment of this ordinance is narrower than fifty (50) feet, and where the owner of record does not own any adjoining property, one and one-half (1'/z) inches may be deducted from the required minimum width of any side yard for building not exceeding two and one-half (21/z) stories in height; provided, however, that no side yard shall be narrower at any point than three (3) feet in any case. 2. Side yards increased for deep buildings...... In any zone where a side yard is required, the least width of each side yard shall be increased by one (1) inch for each foot by which the side wall of a building adjacent to a side yard exceeds fifty (50) feet in overall depth. 3. Corner lot...... On a corner lot in any zone, both yards fronting the street shall equal the required minimum frontage, width and front yard setback for that zone. Of the two (2) sides of the corner lot, the front shall be deemed to be the shortest of the two (2) sides fronting on the streets. 4. Side yard exceptions for attached dwellings. ..... In the case of attached dwelling units, the entire structure shall be considered as a single building with respect to side yard requirements. 5. Measure of setback distances or required yards...... Setback distances or required yards shall be measured from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.). G. Walls and fences. 1. Unless otherwise provided for by this ordinance, fences or walls not more than six (6) feet in height may be located in any required side or rear yard in any district, other than a required yard adjacent to a street except as follows: a. On parcels zoned or occupied by a single-family or two-family residence, no fence or wall which creates a solid screen may exceed two and one-half (21/2) feet in height in any required front yard, except that fences having a uniform open area of fifty (50) percent or more may be erected to a maximum height of four (4) feet in such required yards. b. On parcels zoned for or occupied by any use other than a single- family or two-family dwelling, no fence or wall that creates a solid screen may exceed three and one-half (31/2) feet in height in any required front yard, except that fences having a uniform open area 49 of fifty (50) percent or more may be erected to a maximum height of four (4) feet in such yards. c. Heights shall be measured from the average ground level adjacent to the fence or wall and shall exclude columns and posts. 2. Open wire fences not exceeding eight (8) feet in height may be erected in any required yard when wholly or partially enclosing any public school, park, recreational or playground site or a public utility. Height shall be measured from the average level of the ground adjacent to the fence or wall. 3. Fences erected for agricultural purposes are exempt from this section. 4. The height, design, and location of fences in required yards erected in conjunction with a bona fide and permitted industrial use or operation may be exempt from this section subject to the review and approval of the zoning administrator. 5. The height, design, and location of fences or walls in required yards erected in conjunction with an electrical utility station or substation may be exempt from this section subject to the review and approval of the zoning administrator. H. Projections and yard setback modifications. 1. Covered, unenclosed front porches...... Covered, unenclosed porches, decks, landings, steps, terraces, patios or platforms, open on three (3) sides except for necessary supporting columns and customary architectural features, may be permitted in a required front yard provided that such structure shall not be more than eight (8) feet in width and shall not project more than three (3) feet into such yard. 2. Covered unenclosed porches permitted in required side or rear yard. ..... Covered, unenclosed porches, decks, landings, steps, terraces, patios or platforms, open on three (3) sides except for necessary supporting columns and customary architectural features, may be permitted in required side or rear yards provided that no such structure, shall project closer than three (3) feet to any side lot line, that no such structure shall be more than one (1) story in height or more than twenty-four (24) feet in length, and that no such structure shall project more than eight (8) feet into any required rear yard. 3. Uncovered porches...... Uncovered porches, decks, landings, steps, terraces, patios or platforms which do not extend above the level of the first floor of the building (except for railings and railing supports) may project into any required front, side or rear yard or court not to exceed eight (8) feet. 4. [Architectural features, chimneys, air conditioners, cornices, eaves, belt courses, sills, canopies, or other similar architectural features.] ..... Architectural features, chimneys, air conditioners, cornices, eaves, belt courses, sills, canopies, or other similar architectural features (but not including bay windows or vertical projections) may project into a required side yard not more than eighteen (18) inches, but not closer C than three (3) feet to the side lot line, and may not exceed thirty-six (36) inches. Chimneys and air conditioners may project into any yard not more than eighteen (18) inches, but air conditioners rated at twenty-four thousand (24,000) BTU or less shall not be so placed as to discharge air within five (5) feet of side yard lines, and those rated over twenty-four thousand (24,000) to discharge air within twelve (12) feet of side yard lines, other than side yard lines adjacent to streets. 5. Open fire escapes...... Open, unenclosed fire escapes may project not more than four (4) feet into any required yard, but shall not project closer than three (3) feet to any side lot line. 6. Open stairways and balconies. ..... Open, unenclosed stairways or balconies, not covered by a roof or canopy, may extend or project into a required rear yard only, not more than four (4) feet, but shall not be within three (3) feet of any property line. 7. Exemption of front yard setback for handicap ramps...... Handicap ramps used for residence(s) of a single-family dwelling shall be allowed to encroach into the required front yard setback. The ramp must be built in accordance with the American Disabilities Act as it pertains to wheelchair accessibility. In no instances shall the ramp be covered. I. Frontage. 1. Where lot lines are established radially from a curved street so as to increase the width of the lot, the lot frontage in such cases shall be measured along the chord of such curved street. 2. For lots fronting on the turning circle of a cul-de-sac, individual lot frontage may be reduced to not less than fifty (50) percent of the minimum lot width for the respective zoning district. Frontage for such lots shall be measured along the chord of the cul-de-sac street. J. Lots with existing dwellings...... On a lot with one (1) or more existing dwelling units, no zoning permit shall be used for an additional single- family dwelling except as specifically permitted in this ordinance. Where a new residence is intended to replace an existing unit, the demolition permit for the existing unit shall be issued by the building official prior to or at the same time as the zoning permit for the new dwelling. K. Minimum lot size. 1. All lots shall have at least the amount of square footage indicated for the appropriate zoning and overlay districts. The total floor area in all buildings on the lot shall be considered in determining the adequacy of lot area. 2. For permitted uses utilizing individual sewage systems, the required area for any such use shall be approved by the health department. The zoning administrator may require a greater area if considered necessary by the health department. 51 L. Recreational vehicles and watercraft. ..... In all districts it shall be permissible to store out-of-doors recreational vehicles and watercraft as an accessory use only in accordance with the following: 1. Such vehicles or watercraft shall be placed in the rear or side yards only, and shall be located at least five (5) feet from all property lines. This provision shall not apply to recreational vehicles or watercraft stored within completely enclosed structures. 2. Recreational vehicles shall not be used as living quarters, and may only be otherwise occupied in accordance with district regulations. A Required yard not to be reduced...... No lot shall be reduced in area so as to make any yard or any other open space less than the minimum required by this article, and if already less than the minimum required, such yard or open space shall not be further reduced, except by approval of the board of zoning appeals. No part of a yard or other open space provided for any building, structure or use for the purposes of complying with the provisions of this article shall be considered as part of a yard or other open space required under this article for another building, structure or use except in the case of developments which are planned developments or cluster developments and provision is made for shared use of open space. N. Residential density. 1. Only one (1) single-family detached dwelling shall be permitted on any lot, except that accessory apartments and temporary residences shall be permitted as otherwise allowed in this ordinance. 2. In determining the number of dwelling units permissible on a lot, parcel, or tract of land, fractions shall be rounded to the nearest whole number. O. Sight triangles. 1. To promote visibility for pedestrians and the operators of motor vehicles, a clear sight triangle shall be established at the intersecting rights-of-way of any two (2) streets. The legs of this sight triangle shall be twenty-five (25) feet in length. They shall begin at the point of intersection of the two (2) street rights-of-way, and shall extend twenty-five (25) feet along each right-of-way line. The triangle shall be formed by connecting the endpoints of these two (2) lines. 2. Landscape plantings or other objects constructed, placed, or permanently parked within the sight triangle of roadway or driveway intersections shall conform to Virginia Department of Transportation guidelines for height. This shall not apply to fire hydrants. P. Widening of public rights-of-way and roads...... Whenever there shall be plans or other official documents in existence, approved by either the Virginia Department of Transportation, the Commonwealth Transportation Board, or the board of supervisors which provides for proposed relocation or widening of any public right -of way, road, or street, the board may require additional yard setbacks for any new 52 construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the land area needed for such proposed public right-of-way, road, or street widening. No structure or part of a structure shall be permitted to be erected within the lines of such proposed public street or highway and all setbacks governing the location of such structures shall be measured from the future public right-of-way, where established. Q. Building footprint...... Any single use building, other than an industrial use, containing a building footprint of eighty thousand (80,000) square feet or more measured from the outside perimeter of the building shall require a conditional use permit in accordance with section 1-1017 of this ordinance prior to design or construction. For purposes of this section the square footage of a single user building shall include all buildings located within one-quarter (1/a) mile owned or operated by essentially the same establishment, as determined by the zoning administrator. R. [Fishing, hunting and trapping.] ..... Fishing, hunting and trapping is permitted in the Rural Agricultural Conservation (RAC) zoning district with the permission of the property owner(s), and as may be otherwise governed by the Commonwealth and the Isle of Wight County Code. (7- 7-05; 4-19-07; 6-19-14; 7-17-14.) Sec. 5-3000. Restrictions adjacent to airports. A. Purpose...... The provisions contained in this section regulate the height of structures and objects of natural growth in the vicinity of any civil airport located in Isle of Wight County or its environs. Specifically, these regulations apply to all areas of the county included within or underneath an imaginary surface or surfaces surrounding any civil airport in accordance with the standards set forth in Part 77.25, 77.28 and 77.29, Subchapter C (Obstruction Standards), of Title 14 of the Code of Federal Regulations, referred to hereafter as the Federal Regulations, and section 15.2-2294 of the Code of Virginia. A copy of these standards is available in the office of the zoning administrator. B. Intent...... The provisions contained in this section are intended to protect the public health, safety and welfare by ensuring that development in the county will occur in such a manner as to result in no interference with civil air traffic. C. Definitions...... The words and terms used in this section shall have the following meanings unless the context clearly indicates otherwise: Airport.\ For purposes of this section, this term shall refer to the John Beverly Rose Airport. Airport elevation.\ The highest point on any usable landing surface expressed in feet above mean sea level. Airport safety zone.\ All of the area and airspace within Isle of Wight County lying equal to or above an approach surface, horizontal surface, conical surface, primary surface or transitional surface as they apply to civil 53 airports in the county or its environs. These zones are superimposed over the underlying zoning districts and do not affect the uses and activities of the underlying zoning districts except as provided in this section. Approach surface.\ An imaginary surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface and at the same slope as the approach zone height limitations slope set forth in the federal regulations. Conical surface.\ An imaginary surface, whose design standards are referenced the federal regulations, extending and sloping horizontally and vertically from the periphery of the horizontal surface. Hazard to air navigation.\ An obstruction determined by the Virginia Department of Aviation or the Federal Aviation Administration to have a substantial adverse effect on the safe and efficient utilization of navigable airspace. Height.\ For all height limitations, the datum shall be mean sea level elevation unless otherwise specified. Horizontal surface.\ An imaginary surface represented by a horizontal plane one hundred fifty (150) feet above the established airport elevation for any civil airport, the perimeter which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. Nonconforming structure/use.\ Any preexisting structure or object of natural growth which is inconsistent with the provisions of this ordinance or any amendment thereto. Obstruction.\ Any structure, growth or other object, including any mobile object, which exceeds a limiting height or penetrates any surface or zone floor, set forth in this section. Primary surface.\ An imaginary surface longitudinally centered on a runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. Runway.\ A specified area on an airport or airfield prepared for landing and takeoff of aircraft. Transitional surface.\ An imaginary surface, whose design standards are referenced in the federal regulations, which extend outward perpendicular to the runway centerline sloping from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Vegetation.\ Any object of natural growth. D. Airport safety zones. ..... In order to carry out the provisions of this ordinance, there are hereby established certain zones which include all of the area and airspace lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as applicable. These zones are established as overlay zones, superimposed over the existing base zones, being more specifically zones of airspace that do not affect the uses and activities of the base zones except as 54 provided for in this ordinance. An area located in more than one (1) of the following zones is considered to be only in the zone with the most restrictive height limitation. These zones are as follows: Airport zone.\ A zone that is centered about the runway and primary surface, with the floor set by the horizontal surface. Approach zone.\ A zone that extends away from the runway ends along the extended runway centerline, with the floor set by the approach surfaces. Transitional zone.\ A zone that fans away perpendicular to the runway centerline and approach surfaces, with the floor set by the transitional surfaces. Conical zone.\ A zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface. The source and the specific geometric design standards for these zones are to be found in Part 77.25, 77.28, and 77.29, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these standards is available in the office of the zoning administrator, and are hereby adopted as a part of this ordinance. E. Airport safety zone height limitations...... Except as otherwise provided in this ordinance, in any zone created by these regulations no structure shall be erected, altered, or maintained, and no vegetation shall be allowed to grow to a height so as to penetrate any referenced surface, also known as the floor, of any zone provided for in this ordinance at any point. The height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces in Part 77.25, 77.28, and 77.29, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these standards is available in the office of the zoning administrator. F. Use restrictions. ..... Not withstanding any other provision of this ordinance, and within the area below the horizontal limits of any zone established by this ordinance, no use may be made of land or water in such a manner as to: 1. Create electrical interference with navigational signals or radio communication between the airport and aircraft; 2. Diminish the ability of pilots to distinguish between airport lights and other lights; 3. Result in glare in the eyes of pilots using the airport; 4. Impair visibility in the vicinity of the airport; 5. Create the potential for bird strike hazards; or 6. Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft in the vicinity of and intending to use the airport. G. Nonconforming uses. 55 1. Except as provided in this section, the regulations prescribed by this ordinance shall not require the removal, lowering, or other change or alternation of any structure or vegetation not conforming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this ordinance shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which has begun prior to the effective date of this ordinance, and is diligently pursued. 2. Notwithstanding the provision of this section, the owner of any existing nonconforming structure or vegetation is hereby required to permit the installation, operation, and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, or the zoning administrator to indicate to operators of aircraft the presence of that airport obstruction. These markers and lights shall be installed, operated, and maintained at the expense of the airport owners, and not the owner of the nonconforming structure in question. H. Permits and variances. 1. Except as provided in this section, no structure shall be erected or otherwise established in any zone created by this ordinance unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which desired with the sufficient geometric specificity to determine whether the resulting structure would conform to the regulations prescribed in this ordinance. No permit for a structure inconsistent with these provisions shall be granted unless a variance has been approved as provided in this section. 2. No permit shall be granted that would allow the establishment or creation or an obstruction or permit a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of this ordinance or any amendments thereto other than with relief as provided for in this section. 3. Whenever the zoning administrator determined that a nonconforming structure has been abandoned or more than fifty percent (50%) destroyed, physically deteriorated, or decayed, no permit shall be granted that would enable such structure to be rebuilt, reconstructed, or otherwise refurbished so as to exceed the applicable height limit or otherwise deviate from the zoning regulations contained in this ordinance except with the relief as provided for in this section. 4. An application for a variance to the requirements of this section shall be made in writing to the board of zoning appeals in accordance with the provisions of section 1-1019 of this ordinance. Prior to the any such application being considered by the board it shall be accompanied by a determination from the Virginia Department of 56 Aviation as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. 5. In granting a variance, the board of zoning appeals may impose reasonable and appropriate conditions as it may deem necessary to protect the public interest and welfare. Such conditions may include, but need not be limited to requirements to install, operate and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation or the zoning administrator. (7-7- 05.) Sec. 5-4000. Net developable area. A. Purpose. ..... The comprehensive plan establishes an overall goal "to preserve and improve environmental quality of the county utilizing measures which protect Isle of Wight's natural resources and environmentally sensitive lands and waters", consistent with both the Virginia Clean Water Act and the Federal Clean Water Act. In land development, one (1) effective way towards accomplishing this goal is to establish environmental performance standards to establish the suitability of land for development. Virginia's enabling statutes for planning and zoning support environmental performance standards as a rational basis for utilizing the development suitability process. This process provides a more logical approach to define and allocate land holding capacities and densities to individual properties based upon the land and its underlying physical, environmental, and geological influences. B. Applicability ..... The net developable area shall be used for determining the density and building coverage of development permitted on a particular parcel or area. This approach shall apply to all forms of land development, with the exception of the following: 1. The RAC zoning district. 2. Single-family lots subdivided and approved for development prior to the adoption of this ordinance. 3. Single-family lots shown on a preliminary subdivision plat in compliance with the provisions of subsection 1-1014.13. C. Net developable area calculations. 1. The percentage cited below of the total area of environmentally sensitive areas shall be removed from the total acreage of a parcel or area in order to derive the net developable area: a. Tidal wetlands: One hundred percent (100%). b. 100 -year floodplains: One hundred percent (100%). c. Resource protection areas, including the required 100 -foot buffer: One hundred percent (100%). d. Non -tidal wetland: Fifty percent (50%). 57 e. Slopes in excess of fifteen percent (15%) but less than or equal to thirty percent (30%): Fifty percent (50%). f. Slopes in excess of thirty percent (30%): One hundred percent (100%). Where environmentally sensitive areas overlap, the more restrictive environmentally sensitive area shall be used. In no case shall overlap be counted twice in the calculation of net developable area. 2. In addition to the above features of a site, the total area of the easements or rights-of-way associated with a 150KV or greater power transmission line or regional gas transmission line shall be removed from the total acreage in order to derive the net developable area. 3. Twenty percent (20%) shall be subtracted from the calculated net developable acreage to allow for existing or planned public or private street rights-of-way, unless it can be demonstrated to the satisfaction of the zoning administrator that the proposed street rights-of-way in a development or subdivision will be less than twenty percent (20%) of the calculated net acreage. 4. Required open space shall be calculated using gross acreage. 5. All calculation of recreational space and landscaping requirements shall be based on the net developable area. 6. No lot shall be designed, approved or employed for use in which an area more than thirty percent (30%) of the prescribed minimum lot area is comprised of one (1) or more of the environmentally sensitive areas cited in [paragraph] 1., above. This shall not apply to lots specifically created exclusively to preserve and maintain environmentally sensitive areas, as approved by the zoning administrator. D. Example of calculating net developable area...... The following example is provided for illustrative purposes in calculating the net developable area in a typical subdivision, although this approach applies to all forms of development not specifically exempted: Zoning district: Maximum density allowed: Gross acres: Floodplains: Resource protection area: Slopes > 15% but < 30%: Slopes > 30%: Power line ROW: Computation of property's environmentally sensitive features: Floodplains: Resource protection area: Slopes > 15% but < 30%: Slopes > 30%: Power line ROW: 7 acres x 100% = 7 acres 4 acres x 100% = 4 acres 5 acres x 50% = 2.5 acres 2 acres x 100% = 2 acres 3 acres x 100% = 3 acres TOTAL = 18.5 acres Computation of net developable area for SE property: Gross acreage of property: Less deduction for property features: Available acres: Less street rights-of-way (20% of net developable): Total net developable acres: 100 acres - 18.5 acres 81.5 acres - 16.3 acres 65.2 acres Development capacity of SE property units per acre x 65.2 net developable acres = 130 units per acre 2 0 � 4.. Sec. 5-5001. Supplementary use regulations for agricultural use types. A. Agriculture. 1. Agricultural crop service towers and antennas...... Agricultural crop service towers and antennas may be allowed subject to the following provisions: a. The maximum height allowed shall be no greater than two hundred (200) feet pursuant to Section 15.2-2293.1 of the Code of Virginia. b. Commercial service providers and nonagricultural uses are prohibited from locating on the tower. c. Design and lighting requirements. The requirements set forth in this section shall govern the location of all owners and the installation of all towers and antennas governed by this section; provided, however, that the zoning administrator may waive any of these requirements if it determines that the goals of this section are better service thereby. i. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA (Federal Aviation Administration), be painted a neutral color, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, nonreflective color with no logos. 59 ii. At a facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding structures; provided, however, that the zoning administrator may waive such requirements, as he/she deems appropriate. iii. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. iv. Towers shall not be artificially lighted, unless required by the FAA (Federal Aviation Administration) or other applicable authority. If lighting is required, the zoning administrator may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. v. No advertising of any type may be placed on the tower or accompanying facility unless as part of retrofitting an existing sign structure. d. Federal requirements. All towers and antennas must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the federal government with the authority to regulate towers and antennas. In addition, the tower owner shall implement U.S. Fish and Wildlife Service procedures for communication tower construction, operation, and decommissioning to protect endangered night -migrating birds under the Migratory Bird Treaty Act, Endangered Species Act, and Bald and Golden Eagle Act. e. Building codes. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state and local building codes and regulations. f. Setbacks. The following setback requirements shall apply to all towers and antennas; provided, however, that the zoning administrator may reduce the standard setback requirements if the goals of this section would be better served thereby. i. Freestanding towers, guys, and accessory facilities must satisfy the setback requirement, no less than the height of the tower structure and height of any mounted antenna. g. Security fencing. Towers and antennas shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti -climbing device; provided, however, that the zoning administrator may waive such requirements, as he/she deems appropriate. h. Removal of abandoned antennas and towers. Any tower or antenna that is not operated for a continuous period of twenty-four (24) months shall be considered abandoned, and the owner of each such antenna or tower shall remove same within ninety (90) days of receipt of notice from the county notifying the owner of such removal equipment requirement. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings to a minimum depth of three (3) feet. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. At the discretion of the county, a surety bond in a form acceptable to the county attorney may be required to ensure that the funds necessary for removal are available to the county in the event the structure is abandoned. B. Commercial feedlot. 1. All commercial feedlots, including commercial poultry houses, dairy barns, and other uses or structures involving the concentrated handling or confinement of animals or fowl erected after the effective date of this ordinance, shall be set back a minimum distance of eighty (80) feet from all public or private streets and at least one thousand (1,000) feet from any of the following: Rural Residential (RR), Neighborhood Conservation (NC), Suburban Estate (SE), Suburban Residential (SR), Urban Residential (UR), Limited Commercial (LC), General Commercial (GC), Planned Development Residential (PD -R), Planned Development Manufactured Home Park (PD - MH), Planned Development Commercial Park (PD -CP), or Planned Development Mixed -Use (PD -MX) Zoning District boundary lines. C. Farm employee housing. 1. An accessory manufactured home (Class A or B), may be erected upon the approval of a conditional use permit as an accessory use to an agricultural use exclusively for a farm employee, and his/her family, in accordance with the following requirements: a. The manufactured home shall be removed when it is no longer occupied by a farm employee. b. No more than one (1) farm employee manufactured home for every twenty-five (25) acres of land, or portion thereof, in agricultural use shall be permitted. c. A Class B manufactured home previously approved under conditional use permit for farm employee housing may be replaced with a Class A manufactured home provided a zoning and building permit is obtained. 2. Multifamily housing may be constructed upon the approval of a conditional use permit for agricultural uses that rely on temporary 61 seasonal employees. Such housing shall only be used to accommodate temporary seasonal employees during periods of their employment as a farm employee of the agricultural use. To construct multifamily housing for farm employees a conditional use permit must be obtained from the board of supervisors. 3. All farm employee housing shall comply with the setback requirements of the principal structure. 4. Where public sewer is not available, the Isle of Wight County Health Department shall approve sewage disposal for all farm employee housing. D. Forestry operation, silvicultural and/or timbering. 1. Silvicultural and/or timbering operation. For all properties within the Chesapeake Bay Watershed, forestry operation shall comply with the Chesapeake Bay Area Ordinance. E. Livestock auction market. 1. Livestock auction markets, where permitted in this ordinance, shall be subject to the following requirements and site plan approval: a. A minimum lot area of five (5) acres. b. Stock pens and main buildings located at least two hundred (200) feet from any street or highway and at least two hundred (200) feet from any property line existing at the time of application. F. Reptile breeding. 1. In additional to obtaining a Conditional Use Permit, reptile breeding shall comply with the following provisions: a. Each reptile shall be kept in 100% escape proof, temperature controlled glass cage. The only exception shall be during breeding and no more than two (2) reptiles shall be kept in a cage for breeding purposes at in any given time. b. Each cage shall contain proper housing, shelter, feeding and water accommodations. c. An operational plan shall accompany the Conditional Use Permit application to describe how the business will operate, what structures/facilities will be devoted to the use, what species of reptiles will be kept, how large they grow and how will they will be caged long term, how the reptiles will be cared for including feeding, medical check-ups, how the cages will be cleaned and maintained to prevent the spread of bacteria, how waste disposal will be handled, and any other information as may be determined by the Zoning Administrator, Planning Commission and Board of Supervisors. d. The keeping of reptiles shall comply with all local, state and federal requirements. G. Sawmill. GT► 1. A permanent or temporary sawmill shall be no less than three hundred (300) feet from any lot line or street right-of-way. 2. A permanent or temporary structure shall not be located on environmentally sensitive lands (RPAs) and wetlands. 3. All power saws and machinery will be secured against tampering or locked when not in use. 4. A temporary sawmill shall only be established to process timber cut from the parcel on which the temporary sawmill is located or on immediately adjacent parcels and shall only be allowed for a period of only one (1) year. For periods exceeding one (1) year, a conditional use permit shall be obtained from the board of supervisors. 5. A temporary sawmill shall be located at least two hundred (200) feet from any residence located on an adjoining property. 6. No processing, milling, finishing or artificial means of drying green lumber shall be associated with a temporary sawmill. 7. Green lumber and all other products and by-products from the temporary sawmill shall be removed from the site at least every sixty (60) days. 8. Buildings associated with a temporary sawmill shall be limited to shelter for the sawmill equipment and essential shelter for personnel. No building shall be erected for the storage, processing, or drying of green lumber. H. Stable, commercial. 1. In any district where permitted or permitted subject to a conditional use permit, commercial stables shall provide a lot area of ten (10) acres or more. 2. Accessory tack shops not exceeding one thousand (1,000) square feet are permitted in conjunction with commercial stables. 3. Commercial stables shall prepare and follow a management plan for responsible and environmentally safe management of all animal wastes. Such plan shall be approved, when required, by the Virginia Department of Environmental Quality, Division of Water. Animal waste shall not create a nuisance or health hazard to adjoining property owners. I. Stable, private. ..... A private stable may be permitted subject to the following provisions: 1. A minimum of two (2) acres shall be required for a private stable and no more than one (1) horse per acre, excluding one (1) acre for the residence, shall be allowed on any lot. 2. No building or corral, excluding open pasture, shall be located less than fifty (50) feet from the nearest property line or two hundred (200) feet from the nearest residence on an adjoining lot, whichever is greater. 63 3. Stables shall properly manage animal waste so as to not create a nuisance or health hazard to adjoining or nearby property owners. J. Wayside stand...... A structure may be permitted for the display and sale of agricultural and fishery products grown and produced on premises subject to the following standards: 1. A zoning permit is required for first year's operation. 2. A wayside stand structure shall not exceed seven hundred fifty (750) square feet in floor area and must be in compliance with the applicable standards of the Virginia Uniform Statewide Building Code. 3. All structures shall meet the minimum yard setback requirements of the underlying zoning district and shall be located so as to provide safe ingress and egress from public or street rights-of-way. 4. All wayside stands and related structures shall be considered seasonal or temporary in nature. 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. H Following a break, the Board reconvened to consider the items under the County Administrator's report. Arthur E. Berkley, Director of Inspections, provided an overview of permitting activity over the last nine months; the results of customer surveys; future initiatives relative to the Central Permitting office; and, notified the Board of that Department's award of a VACo Achievement Award. Donald T. Robertson, Director of Informational Resources and Legislative Affairs, reviewed the County's 2016 legislative items proposed for inclusion in the County's list of priorities to be presented to the Virginia General Assembly. He requested the Board to provide him with any suggested items for inclusion in the List. Donald N. Jennings, County Engineer, provided a PowerPoint presentation on the purpose of the County's Stormwater Program, the three mandatory components associated with the Program and progress made to date by staff. Charles Meek, Assistant to the County Administrator, presented a request to the Board from Donald Newberry III to hunt on County property located on Great Spring Road. He advised that due to the absence of a policy to provide for the private use of County property or a process that can be offered to other interested members of the public who may wish to hunt, as well as K liability and safety issues, staff is recommending Mr. Newberry's request be denied. Supervisor Bailey moved that Mr. Newberry's request to hunt on County property be denied. 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 to Amend Chapter l: Personnel, Article XI, Section 11.6 and Amend and Re- adopt Chapter 1: Personnel, Article XV, of the County Policy Manual for the Board's consideration. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE XI, SECTION 11.6 AND AMEND AND RE -ADOPT CHAPTER 1: PERSONNEL, ARTICLE XV, OF THE COUNTY POLICY MANUAL WHEREAS, the County has established guidelines for provisions regarding employee health and safety and emergency egress as part of Chapter 1: Personnel, Article XI, Section 11.6 and Chapter 1: Personnel, Article XV of the County Policy Manual; and WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel, Article XI, Section 11.6 and amend and re -adopt Chapter 1: Personnel, Article XV of the County Policy Manual to combine the employee health and safety policies into one section, to establish and enhance the safety policies, rules and safe work practices which give employees guidance to prevent human suffering and conserve resources as a result of employees serving the community in a safe manner and to meet the minimum requirements for safety and health set by the U.S. Department of Labor Occupational Safety and Health Act (OSHA), State of Virginia Occupational Safety and Health Act (VOSH) and other pertinent safety directives; and NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article XI, Sections 11.6 and Chapter 1: Personnel, Article XV of the County Policy Manual are hereby amended and adopted as follows: ARTICLE XI MISCELLANEOUS POLICIES AND REGULATAIONS (Revised April 7, 2005, November 17, 2005, May 18, 2006, October 16, 2006, Revised September 4, 2008, Revise May 21, 2015, Revised September 17, 2015) 65 RIM. MITAT.9 r _ •- R@poFt an), uiisafe • Do not use any oofiditionss to the acrpervrsvrvrcrn, u,,,Y,a Re •a=ces, xeiYtclesei materials when ecily trri- e ted, fever -;s1, 1iuuJ,+u 4VlF, 1V Y VL1J11, .,ffe..t :,,.l.t,v,ent • Keep the workarea-rrcur seat belts w , der- the influence of ., „1-.sr.,nee that .Y VL Ulllllil 111E ccrly-r any vehiclewhile on County 4oires-.. • Do not use tops of • Be -Sure that aisles6�eiits-atc walk • ie�� �TTQGi�C�p�'I�Tj"'�'TIQVITIIsT�LIJG�GT"T'l7TrC11L�rVVrT • Store all sh ffp o : Store Ull i Open .fid ,.lose ,1,.,-.,-s VUh3114is F bOOk S fe extra storage , displays. kept rclear; do not let rcvi-ds-iiterfcre drtn .1 the, h:e t� off the fl.�.. ,.t., . eF!y whew, not ; e, . „t;, -.,.s1., and e extra eaution t blind hallway 67 iti 67 lofFaetiens of County health and safety pr-aetiees will be Elealt with in aeeefdanee with the Ceunvy's diseiplinaFy pokey. Article XV EMPLOYEE SAFETY PROGRAM (Revised September, 2015) Una . .................. PH MOT lofFaetiens of County health and safety pr-aetiees will be Elealt with in aeeefdanee with the Ceunvy's diseiplinaFy pokey. Article XV EMPLOYEE SAFETY PROGRAM (Revised September, 2015) Una I �UQFWI IN" WIN .jF_ m• m• ..1. 0 M-1 ------------ -- MITMEMMINU .. .. .. .. --............... - - - EEI __ .. _ ... .... .. and hazards and the type of what it can do; • • potential and hazards and the type of what it can do; proteetive i.e., splash .. ..2 LE ME R .. 1. beeeme fanailiar- with the equipment this avaiiable, potential and hazards and the type of what it can do; proteetive i.e., splash •; ., impaet veloeities, p.-Jeetile shape, radiation intensities, Ath the 71 72 73 Oil 73 •. I r► ►► Mikidow"i Ill wil 19, - ..... _ . _ . -��...........� _ .. .. . .. _ . Lim 19, ----------------- �2 76 degreasing, platin exposure' use Nuisanee dust, Gaggles, ey-e eup mia As long as the per-€ermanee-E eter-isties af-easseptable, in -mar b • The work aet:.,:t;es of the employee should be t .l' ,l t (4eteffRine the degree of dexterity -required, —the -duration, ffequency, and degrees exposure to the h.,r a fd� and the physic l stresses that will he applied. Y o generally, any "ohemieal resistant" glove sa be used for- dr -y powder-; 77 .... • ._ ..- .. .. ... .. �... .. Mr uj As long as the per-€ermanee-E eter-isties af-easseptable, in -mar b • The work aet:.,:t;es of the employee should be t .l' ,l t (4eteffRine the degree of dexterity -required, —the -duration, ffequency, and degrees exposure to the h.,r a fd� and the physic l stresses that will he applied. Y o generally, any "ohemieal resistant" glove sa be used for- dr -y powder-; 77 nw-r.mr.WAVN. RM w • w - ft -7 . . . . . . . . . . . . . . . . 7W.* NIN M '! m -M 9 W.M.01-n-ME nw-r.mr.WAVN. RM w -W" TP.M ME „ Lm ■ I LM MA,_ ................. �� ■m PM - -IM r. MA ILOM ■ The 14azar-d Comm-nuftioation Standar-El requires that hazardous ehefnieals-� Labeled by manufaetur-ers. Th label r eofitain the F 11 b' • APPFOPFiate haz rdwaFflifIgS; d paft-y m - IPM a�:El"S!= _ _ _ rs . .e . LVJcvWMrP.es�ss� M it Non routine tasks are defined as wor-king orwith unlabeled v i by hazafElous substanee may be present and/or- a one time task using substanee--diger-ently than intended (example: using Solvent stains f ..m tile floors). a hazar-dous to —remove Moll The separation of ohefnie ,1s (solids r liquids) 1„r; Y r-eduee the possibility 'hili+,unwanted.ti,f oheiea r e MOMMMIMM .efleeessaFy t b by ,. ,.:.7....,4,.1 •.Pff,•. • - - - The separation of ohefnie ,1s (solids r liquids) 1„r; Y r-eduee the possibility 'hili+,unwanted.ti,f oheiea r e � . �r b ,.tions caused .efleeessaFy t b by ,. ,.:.7....,4,.1 the following g HM �•• _ HM m aeo;,lo.,�r „a • N,-, ,iding ., means to deal wi*Lrcn-wor-kplaee c' eeidents in a standardized i Fico,, itis- the p9liEy6f isle of Wight county to Gomply with workers' eomponsation laws and regulations. Censtant—awfene-ss of and for-- all sems—rules -afe eensidefed isle of Alight County will use the—diseiplinar-ypr-eeedxr-e as inElieated 4in ChapteF 1, -le 7 for- failure to follow he guidelines of this Safety Program. ROR rp _.. ■ ■- - .MS.�._ Nr Im jr - - - '- " 11110 Ll U&M Accidents „ , ally have two or- more causes. it is important Eepr-oPe4y 86 .MS.�._ Nr Im jr .. ._ " 11110 Ll U&M Accidents „ , ally have two or- more causes. it is important Eepr-oPe4y 86 • VIM &us NI­ • Re-wil • This plan is aft internal deeument— employees, se-they need to know guiding —the —actio1-and beeUY1VS about it. the new fV aceide*t reporting—and—investigation plan, e*planafion as to why the new plan be a f -eete a by4t-. all employees are given a Y�,as pfepafed aiid how individuals thor-Oug-b wty Section 15.0 Management Commitment to Safety The executive team of Isle of Wight County is committed to providing its employees with a safe and healthy workplace. It is the county's basic philosophy that all incidents are preventable, when the causes are known. It is the County's position that: • A safe and healthy work environment will be provided for the protection of its most vital resources -its employees. Employee safety is of the greatest importance at all levels of management and supervision, ranking in importance above all other things. Personal safety will not be compromised for any reason. • Management is accountable for the prevention of workplace injuries and illnesses. Management provides direction and full support to supervisors and employees regarding safety and health, job training and hazard -elimination procedures. Management will develop and communicate clear goals and objectives and provide the resources and authority necessary to correct unsafe conditions and implement changes to improve workplace safety. • Supervisors are directly responsible for supervising and training their employees in proper procedures, work practices and safe methods. Supervisors must enforce county rules and take immediate corrective action to eliminate hazardous conditions and practices. They will not permit safety to be sacrificed for any reason. • Management and supervisors will be held accountable for ensuring employees are aware of workplace hazards and are trained to work safely. • Management will take disciplinary action against an employee who willfully or repeatedly violates safety rules. • Employees' workplace recommendations to improve health and safety conditions will be given full consideration by management. • All employees, regardless of his or her position within the county, share the responsibility for safety and are fully responsible for their own safety and the safety of those with whom they work. All employees are expected to cooperate in all aspects of the safety program including these requirements: o Perform all work tasks in a safe manner. o Report all incident, injuries and unsafe conditions to their supervisors immediately. o Participate in Safety and Wellness Council activities and support council membership. Program Administration and Overview Purpose The purpose of the Isle of Wight County Employee Safety Program is to prevent human suffering and conserve resources as a result of employees serving our community in a safe manner. The safety policies, rules and safe work practices contained in this program provide the minimum requirements for safety and health. Objectives This program was developed in accordance with the Isle of Wight County personnel policies as well as the U.S. Department of Labor Occupational Safety and Health Act (OSHA), State of Virginiaccupational Safety and Health Act (VOSH) and other pertinent safety directives. Applicability County employees, official appointees of the Board of Supervisors, volunteers, and all others who are required to adhere to the County's policies shall be governed by this policy. The members of the Board of Supervisors and Constitutional Officers and their staffs will use this policy as a guide when conducting County business. For the purposes of this Policy the phrase "county employee and volunteer" is intended to include all persons referenced in paragraph 1 of this section. Responsibilities Operating an effective occupational safety and health program is an inherent responsibility of management at all levels. Each responsible official must ensure all personnel assigned to their department are provided a safe and healthy working environment. Annual performance evaluations will show personal accountability in this respect, with recognition for superior performance and, conversely, administrative actions as proper for deficient performance. All Isle of Wight County employees are charged with the responsibility and support of the Employee Safety Program objectives. All employees are expected, as a condition of employment, to adopt the concept that the safe way to perform a task is the most efficient and the only acceptable way to perform it. Failure to follow safe work practices will be subject to disciplinary action for both employee and supervisor. A. Department/Agency Head 1. Ensure reasonable safety procedures and work practices pertinent to department functions are developed and provided to employees. 2. Ensure adequate job training and continuing safety instruction is provided for all employees. 3. Ensure an overview of the safety program pertinent to the department is presented to all new employees during job orientation. 4. Designate a Safety Liaison to internally manage departmental safety training and equipment needs. 5. Ensure safety training and equipment costs are included in the department's annual budget request. 6. Serve or provide appropriate representation on the Safety and Wellness Council. 7. Ensure accidents are properly and thoroughly investigated as to cause and prevention. File proper reports and all pertinent facts in a timely manner with the Risk Management Coordinator. 8. Ensure that all inspections and audits for their divisions are completed by established guidelines. 9. Ensure that all identified safety deficiencies are corrected in a timely manner. 10. Cooperate with the Risk Management Coordinator in matters of safety and safety program development. 11. Set a good example for safety by working in a safe manner and encouraging others to do so. B. Risk Management Coordinator 1. Review all accident reports for completeness and recommend actions or further review. Perform follow-up inspections as necessary. 2. Prepare statistical and informational reports which detail the progress or status of the Employee Safety Program. 3. Review supervisor's inspections reports and recommend appropriate action on non-compliant items. 4. Conduct inspections of work sites and conditions as outlined in the policy. 5. Develop a suggestion or safety complaint procedure and review all submissions. 6. Offer the required expertise to ensure that programs are meeting or exceeding minimum federal and state regulations. 7. Review departmental safety training and equipment requests and make appropriate budget recommendations to the County Administrator. 8. Research state and federal laws and regulations for changes or updates to employer -mandated training requirements. 9. Locate and schedule safety trainings as requested by departments. 10. Maintain a safety training database to monitor training compliance. 11. Produce statistical reports, safety bulletins and related safety awareness material. 12. Develop and oversee the County wide new employee orientation program; providing awareness level training. C. Supervisors 1. Maintain a safe work environment free of recognized hazards for employees working under their supervision. 2. Require that their employees comply with safe rules and practices, whether or not this program covers those rules or practices. 3. Adequately inform employees of safety and health issues and procedures and ensure compliance as issues and policies are communicated from the Department/Agency Head or the Risk Management Coordinator. 4. Inform employees to report accidents when they happen no matter how minor. 5. As soon as practical, provide information to an employee's supervisor when an employee not directly under his/her supervision reports an accident. 6. Ensure that employees are provided the necessary training to perform required tasks in a safe and healthful manner. 7. Provide basic job training and safety instruction to new employees to help prevent accidents. 8. Promptly and thoroughly investigate all accidents/incidents, near accidents and complete required reports. 9. Set a positive example by performing tasks in a safe manner. 91. 10. Conduct self -inspections of work sites and conditions. 11. Correct any unsafe act or condition, which might result in an accident in a timely manner. 12. Determine departmental safety training and equipment needs and make appropriate recommendations to the Department/Agency Head for budget inclusion. 13. Purchase and issue PPE and safety equipment to employees under their supervision and provide basic job training on its proper use and care. 14. Ensure all department employees meet and maintain mandated safety training requirements. 15. Cooperate with the Risk Management Coordinator in matters of safety and safety program development. 16. Set a good example for safety by working in a safe manner and encouraging others to do so. D. Safety Liaison 1. Communicate departmental safety training requirements to the Risk Management Coordinator for scheduling. 2. Maintain departmental safety training database to document and monitor attendance and certifications. 3. Assist the supervisor with maintaining required safety program documentation for the department. E. Employees 1. Promptly report all work related injuries and vehicle accidents to their supervisor •and cooperate with all investigations when employee has information relating to an accident or injury. 2. Promptly report all unsafe practices or conditions to his or her supervisor. 3. Become familiar with and observe all approved safety policies and procedures for his or her work activities, including the use of personal protective equipment. 4. Serve on the safety and wellness council when appointed and participate in all required safety and occupational health programs. 5. Inform the supervisor in charge if employee feels for any reason that he or she is unable to perform assigned work in a safe and healthful manner. 6. Immediately notify the supervisor when work being performed is in violation of the provisions of this program or that work is being performed in an unsafe manner. 7. Be subject to disciplinary action in accordance with Chapter 1, Personnel, Article VII, if employee violates safety rules, procedures 92 or standards, or the provisions of this article, or acts in such a manner as to endanger his or her own or another's personal safety. 8. Inform his or her supervisor when taking medication, which may impair physical or mental alertness and affect ability to perform a job safely. 9. Actively support and participate in approved programs designed to encourage health and safety among employees. 10. Assist and support co-workers in regards to safety practices and procedures. Inspections, Audits and Unsafe Conditions Although the Department/Agency Head, Risk Management Coordinator and VOSH Inspectors periodically inspect the work site, the supervisor is the Key Person to make inspections, Supervisors shall: 1. Conduct regular inspections of all equipment, materials, work -sites and work practices under his or her supervision in accordance with Chapter 1, Personnel, Article 15, Section 15.7. 2. Conduct informal daily inspections of all equipment, materials, work - sites and work practices under his or her supervision. 3. If recognized, immediately stop any unsafe work condition or practice and ensure steps are taken to correct the condition or practice before work is allowed to continue. 4. Complete Job Safety Analysis (JSA) in accordance with Chapter 1, Personnel, Article 15, Section 15.5 for appropriate tasks. The Risk Management Coordinator will also conduct inspections of work sites and practices on a regular basis. The Risk Management Coordinator shall: 1. Assist supervisors when completing self -inspections when requested and deemed appropriate. The Risk Management Coordinator has the authority to shut down a job if a life-threatening situation is noted during the inspection. The Department/Agency Head shall be called to initiate corrective action. 2. Review submitted supervisory reports to ensure corrective actions have been taken and to recommend further action. 3. Coordinate a comprehensive audit of the county's safety program on an annual basis. 4. Conduct other inspections as deemed necessary or assist other entities such as OSHA or VOSH with compliance. Performance and Discipline It is recognized that some county employees may intentionally or unintentionally violate work rules, policies or procedures and commit unsafe acts. Therefore, each violation or unsafe act will require immediate attention 93 by supervisors and Department/Agency Heads to determine if disciplinary action is required. It should be emphasized that safe work and driving practices must be enforced for the protection of Isle of Wight County employees and all who are affected by the work of our employees. Supervisors shall consider violations of the safety policies and procedures when completing employee evaluations and recommending future promotions. Employees should realize the impact on themselves and others if they willfully or negligently commit an unsafe act. Training and Education The county is committed to providing employees with the opportunity to improve themselves through participation in training and education programs which will enhance the employee's ability to perform their job. This training is for both safety and professional development topics. Employees attending training functions or safety meetings provided by the county shall confirm attendance by signing the training attendance roster. The training oversight function is the responsibility of the Risk Management Coordinator. Section 15.1 General Safety and Health The purpose of this program is to provide safety and health guidelines, rules, regulations and procedures for performing common job functions within the County. The listed policies are by no means inclusive of every employee's job function. It is a listing of those deemed to be the most hazardous, or those with the potential for causing harm to the employee or others around the work area. There are some specialized safety programs which are only briefly explained in this section of the safety program because they are more explicitly detailed in later sections of this policy. A. Personal Conduct 1. Employees shall not be under the influence of any substance, legal or illegal, which adversely affects their ability to perform their duties in any way. No one will report to work under the influence of any controlled substance, to include alcohol. Any employee reporting to work or returning to work under the influence of any illegal drug or alcohol may be terminated. The use or abuse of legal or prescription drugs that adversely affects the employee's ability to perform their duties in any way will result in the immediate removal from County property, and the employee will be subject to discipline up to and including termination of employment. 2. Controlled Substances may be taken when prescribed by a physician unless their use affects the employee's ability to perform his/her work safely. It is the employee's responsibility to notify their supervisor when using this kind of medication. 3. Personal firearms, weapons or explosives are not allowed on any County property except in accordance with Code of Virginia, Section 15.2-915. 4. Seatbelts will be properly worn in any vehicle when on County business. 5. Smoking is permitted in designated smoking areas only. Smoking is not allowed in the vehicles or while operating equipment. 6. Practical joking, fighting, and "horseplay" are strictly forbidden while on duty. 7. Creating or contributing to unsanitary conditions, unsafe conditions or poor housekeeping is not permitted. B. Personal Clothing and Accessories 1. Employees shall not wear loose or flapping clothing or have rags or other objects extending from pockets or belts when working on or in the vicinity of moving machines, motors, engines, etc. 2. Employees shall wear clothing suitable for the weather and safe for the performance of their duties. An employee's supervisors may require long sleeves or pants for safety reasons at any time. 3. Employees shall not wear dangling or hanging jewelry when working on machinery. It is recommended that rings, wrist or watchbands be removed under conditions noted above. 4. Employees' hair shall be kept so as to prevent it from being caught or tangled with any part of moving equipment. 5. Department/Agency Heads may establish more specific rules for their departmental functions. C. Office Hazards I . Tripping hazards shall not be left or placed in aisles or in areas exposed to foot traffic. 2. Desk and file drawers and cabinet doors shall not be left open or unattended. To prevent tipping of the file cabinet, not more than one drawer shall be opened at a time. 3. Do not carry pointed or sharp objects in pockets with points unprotected. 4. When sitting in chairs, all of the chair legs shall remain on the floor. 5. Employees shall not run in hallways or stairways. Employees shall use handrails where provided. 95 6. Employees shall stand clear of all closing elevator doors. When maintenance work is being performed, employees shall not disregard warning signs or barricades. 7. Electrical appliances shall only be used in designated areas and shall have a UL and commercial rating. 8. When lifting, employees shall get assistance when an article is awkward or too heavy. D. Housekeeping Practices 1. Combustible materials such as oil -soaked and paint -covered rags, waste, packing material, and other rubbish shall not be allowed to accumulate on benches, floors, rooms, or yards. The combustible materials shall be stored in designated areas or receptacles a minimum of 6" away from a bulkhead and shall be appropriately identified or labeled. 2. Stairways, aisles, exits, walkways, storage areas and work areas shall be kept free of debris and other obstructions. 3. Material and supplies shall be stored in an orderly manner to prevent their falling, rolling, or spreading and to prevent tripping and stumbling hazards. 4. Floors and platforms shall be kept free of oil, grease, water and other slippery materials unless properly marked with caution signs. 5. Protruding nails should be bent over or removed. 6. Dispose of scrap and waste materials at frequent and regular intervals or at the end of each shift. 7. All places of employment, yards, shops, storerooms, vehicles and office facilities and job sites shall be kept clean and orderly and in sanitary condition. The supervisor shall be responsible for proper housekeeping in and around their respective areas. Section 15.2 Shop Work, Machinery, Tools and Equipment General Safety Requirements 1. Employees shall wear personal protective equipment in accordance with Chapter 1, Article XV, Section 15.6. 2. Only authorized and properly trained employees shall operate, maintain, or repair machines and equipment. 3. Employees shall be instructed in the proper use of tools and equipment. 4. Machine guards shall be kept in place except when removed for purpose of inspection or repair. All guards shall be reinstalled immediately following such inspection or repair. Hand Tools, Portable Electronic Tools, and Extension Cords we I . Inspect tools and cords prior to each use. If they appear to be unsafe, the condition should be reported to the supervisor who shall be responsible for seeing they are repaired or replaced. Do not use defective tools or cords until they are repaired or replaced. 2. Select the appropriate tool for the job. 3. Do not lay tools in places from which they can fall. 4. Carry sharp tools in covers or point away from the body. 5. Non -sparking tools shall be used in areas where a fire hazard exists. 6. All portable electric tools shall be double insulated or effectively grounded by means of a three -wire cord and grounding plug. GFCI cords must be used. 7. Extension cords shall not be used for permanent installations. 8. The on/off or dead man switch shall not be taped or restricted. Power Driven Equipment 1. All vehicles/equipment in use shall be inspected at the beginning of each shift to assure that all parts, equipment and accessories that affect safe operation are in proper operating condition. All defects shall be corrected before the vehicle is placed in service. 2. Roll -Over Protection Structures shall be used on all heavy motorized equipment. 3. Safety belts shall be fastened before equipment is operated. 4. The operator shall not leave machinery unattended while idling on an incline or on loose gravel. 5. Aerial lifts, cranes, boom trucks or back hoes shall not be moved from job locations unless the boom has been returned to the cradle position. 6. Employees shall not ride in equipment buckets not designed as manlifts. Forklifts 1. Only employees who have successfully completed training shall. operate forklifts. 2. Operators shall lower forks, shut off power and set bakes when leaving a forklift. 3. Forklifts shall be inspected before use. 4. Passengers are not allowed on a forklift. 5. Operators shall wear seatbelts while operating forklifts. Ladders Fixed Ladders 1. Fixed ladders shall be designed in accordance with 29 CFR 1910.27. 2. Ladder safety devices shall be used on elevated storage tanks or other structures where a fixed ladder with safety rail is available. 3. All ladder safety devices such as those that incorporate life belts or body harnesses shall meet the design requirement of the ladder which they serve. M 4. Ladder safety devices shall be inspected prior to ascending a ladder. 5. All safety devices must be capable of withstanding, without fail, a drop test of a 500 -pound weight dropping 18 inches. Portable Ladders I. Only OSHA approved ladders, in good condition, shall be used. Inspect ladders for defects and dangerous conditions prior to use. Supervisors are responsible to procure ladders appropriate for the work being done and ensure the serviceability of ladders in their work place. 2. Maintain ladder markings in legible condition. 3. Visually inspect ladders before each use. 4. Remove from service ladders with defects which cannot be immediately repaired and ensure they are scheduled for repair or destruction. 5. Straight and extension ladders should be placed with the feet approximately one-fourth of the ladder's extended length from the wall or object on which the top is resting. When this position is not possible, another employee shall secure the ladder, unless the top is securely lashed. 6. Straight and extension ladders must extend three feet above the support structure. 7. Step ladders will be fully opened and in the locked position before use. 8. When ascending or descending ladders, face the ladder and use both hands for support. An employee's feet shall never be placed higher than the third rung from the top of a straight ladder, or the second step from the top of a step ladder. 9. Do not use metal or conductive ladders around or near energized conductors or equipment. 10. Only one employee may work on a ladder at a given time unless designed for use by two people. 11. When working from a ladder where the top cannot be lashed or otherwise secured, the reaching distance may not exceed one arm's length to either side. 12. Carry ladders in the horizontal position only. Section 15.3 Emergency Action Plan Purpose To plan and prepare for workplace emergencies that can be reasonably expected, by auditing the workplace, training employees, obtaining the necessary equipment and assigning responsibilities. These emergencies may include fire, terrorism and natural disasters. W. Isle of Wight County shall establish an Emergency Action Plan for establishments occupied by county employees. The plan shall be maintained in accordance with this policy and the requirements or 29 CFR 1910 Subpart E. Responsibilities A. Risk Management shall: 1. Assist in the development of plans as required. 2. Audit and spot inspect plans for compliance. 3. Maintain Plan in accordance with this policy and Subpart E of 29 CFR 1910. 4. Conduct annual and spot drills to ensure employee understanding of the Plan. 5. Instruct all newly assigned individuals on the contents of the Plan. B. General Services Building Division: 1. Maintain building floor plans for all buildings housing County employees. Supply updates when building configurations change. Emergency Action Plans A. The emergency action plan shall be maintained and made available to employees for review at all times. B. The emergency action plan shall include the following: 1. Procedures for reporting emergencies; 2. Procedures for emergency evacuation, including type of evacuation and evacuation zone assignments; 3. Procedures to be followed by employees who remain to operate critical. operations before they evacuate; 4. Procedures to be followed by employees performing rescue or medical duties; and 5. The job title of the employee who may be contacted by employees who need more information about the plan or an explanation of their duties under the plan. Training A. The Risk Management Coordinator shall: 1. Instruct all newly assigned employees in the contents of the Plan 2. Instruct all affected employees whenever there is a change to the Plan 3. Coordinate annual drills to ensure employees understand the contents of the Plan. Section 15.4 Accident/Incident Reporting and Investigation Plan No matter how conscientious the safety effort at Isle of Wight County, accidents are going to happen sometimes due to human or system error. Purpose This written Accident/Incident Reporting and Investigation Plan is intended to demonstrate compliance with the requirements in 29 CFR 1904 by: • prescribing methods and practices for reporting and investigating accidents; and • providing a means to deal with workplace accidents in a standardized way. It is the policy of Isle of Wight County to comply with all workers' compensation laws and regulations. Accident/Incident Reporting and Record Keeping Requirements The Supervisor's Accident/Incident Investigation Report Form, found in the Risk Management Forms Directory, will be used for the following situations. 1. Motor Vehicle Accidents 2. Damage to County Property 3. Damage to Other Party Property 4. Injury to Employee 5. Injury to Other Party . The supervisor's Accident/Incident Investigation Report will be forwarded through the Department/Agency Head to the Risk Management Coordinator within 24 hours after the accident or damage was discovered or the Monday following an occurrence on a weekend. When the accident/incident involves vehicles, damage to County or Other party property or Injury to Other Party the report will also be forwarded to Budget and Finance. Additionally, when the accident/incident involves a County Fleet vehicle the report will be forwarded to the Director of General Services. When an accident/incident occurs the following shall takeip ace: A. The Employee shall: 1. Report the accident/incident to the immediate supervisor as soon as reasonably possible after the accident; while at the scene, when possible. Reports must be made before the end of the work period. 2. Near miss accidents/incidents should be reported as well. 3. Call 911 to summon Police and emergency medical service if needed. 4. When the accident/incident involves a County owned vehicle the operator shall follow procedures outlined in Chapter 4, Fleet, Article I, Section 1.4. 5. Employees who are involved in or who are passengers or witnesses to an accident/incident shall provide a written statement and take part in the supervisor's investigation. B. The Supervisor shall: 1. Travel to the accident scene, when practicable, and conduct an investigation to ascertain all pertinent information (names, addresses, license numbers, witness information, description of incident, contributing factors, etc.) necessary to complete the Supervisor's Accident/Incident Investigation Report form. 2. Make every effort to photograph the scene and damage to the vehicles or equipment involved. 3. Determine if the Substance Abuse Policy and Procedure, Chapter 1, Personnel, Article XI, Section 11.4 is applicable to the accident. 4. Complete the Supervisor's Accident/Incident Investigation Report Form with the aid of the employee(s) involved. 5. Forward the completed Supervisor's Accident/Incident Investigation Report form and all other documentation obtained in the investigation to the Department/Agency Head for Review. C. The Department/Agency Head shall: 1. The Department/Agency Head shall review all accident investigation documentation and forward to the Department of Budget & Finance Accounting Manager, Department of Human Resources Risk Management Coordinator, and when appropriate, the Department of General Services within twenty-four (24) hours of the accident or the Monday following an accident which occurs on a weekend. D. Risk Management Coordinator shall: 1. Be notified of all accidents and assist supervisors at the accident scene if necessary. 2. Obtain additional information if needed. Assist with gathering additional facts or furthering the investigation. 3. Review events surrounding accidents involving County employees or property. As a result of the review, findings may be made as to whether an accident was "Preventable" or "Not Preventable" and recommendations may be made for procedures to put in place to prevent future similar accidents. The findings and recommendations will be presented to the Department/Agency Head and the Director of Human Resources for review and action, if necessary. Any corrective actions of an administrative or disciplinary nature resulting from the findings of the accident review process may be considered and administered by the Director of Human Resources and the appropriate Department/Agency Head. Should disciplinary action be necessary, the employee has the right to appeal in accordance with the grievance procedure in Chapter 1, Personnel, Article VIII. 4. Maintain Accident/incident investigation reports. 5. Maintain the OSHA 300 log and compile and submit the required annual OSHA 300 injury reports. 6. If a workplace accident results in injury or illness requiring in-patient hospitalization of an employee or a fatality or dismemberment of one or more employees, report the incident within eight hours to the nearest VOSH office. on E. Budget and Finance shall: 1. Complete and submit appropriate property and liability insurance claim forms. Personal Injury All personal injuries must be reported to the supervisor as soon as possible following the injury. The following steps will occur in regard to a workplace injury. 1. Employees will notify his or her supervisor and report the injury in accordance with the workers compensation policy, Chapter 1, Personnel, Article VI, Section 6.6. 2. The supervisor shall notify the Department/Agency Head and the Risk Management Coordinator whenever a workplace injury occurs. 3. When a workplace accident/incident results in a fatality, the loss of a limb, in-patient admittance to a hospital for care, or injury to multiple employees, the supervisor shall report the incident to the Risk Management Coordinator within eight hours so that VOSH may be notified within the mandated time frame. Accident Investigation Requirements A thorough investigation of all accidents will lead to identification of accident causes and help: • determine why accidents occur, where they happen, and any trends that might be developing; • employees develop an awareness of workplace problems and hazards; • identify areas for process improvement to increase safety and productivity; • note areas where training information or methods need to be improved; • suggest a focus for safety program development; and • reduce economic losses from injuries and lost productive time. The focus for the accident/incident investigations is to find the causes for the purpose of preventing future incidents and injuries, not to place blame. Supervisors will perform the following duties for all accident investigations: • Conduct the accident/incident investigation at the scene as soon as safely possible. • Ask the employee(s) involved in the incident and any witnesses, in separate interviews, to tell in their own words exactly what happened. • After the employee has given his/her description of the event, ask appropriate questions that focus on causes. + Gather information ' regarding the description of the incident, 102 individuals involved, location, witnesses, and events that preceded the incident. • Determine the likely sequence of events, any abnormality of events, and the probable cause of the incident (direct, indirect, basic). • Determine what preventive actions should be taken to prevent a future incident and assign responsibility for correction to the appropriate department or individual, • Remind the employee(s) the investigation is to determine the cause so actions can be taken to help eliminate the cause(s) of the incident. • Complete the Supervisor's Accident/Incident Investigation Report with the employee and review data with employee for accuracy. Keep in mind, accident/incidents normally have two or more causes. It is important to properly identify all causes so suitable controls can be implemented. It is important to address the safety policies as well as employee action/inaction when investigating any incident. The Risk Management Coordinator will review each investigation to ensure it is complete and thorough. Poorly executed investigations will be returned to the responsible party for revision. Assistance will be available upon request. The accident investigation report is used to: • track and report injuries; • group injuries by type, cause, body part affected, time of day, and process involved; • determine if any trends in injury occurrence exist and graph those trends if possible; • identify any equipment, materials, policies, procedures, or environmental factors that seem to be commonly involved in injury incidents; • discuss the possible solutions to the problems identified with the safety team and superiors; and • proceed with improvements to reduce the likelihood of future injuries. Training The information and requirements of this written plan are presented to employees through: • New Employee Orientation • Policy Dissemination 103 Program Evaluation The accident reporting and investigation program is evaluated annually and updated if necessary by the Risk Management Coordinator. Section 15.5 Job Safety Analysis Purpose Writing a Job Safety Analysis (JSA), establishing work rules, instructing workers to follow the work rules, and supervisor enforcement of work rules can help reduce injuries. A Job Safety Analysis will be conducted to: 1. Identify hazards associated with each step of any job or task that has the potential to cause serious injury; 2. determine how to control the hazards; 3. determine Personal Protective Equipment (PPE) required for each task; 4. produce a written tool that can be used to train staff and provide documentation of training; and 5. meet OSHA requirement 29 CFR 1910.132 (d) by developing procedures and work rules that are specific for each job or task Responsibilities A. The Risk Management Coordinator shall: 1. Provide supervisor with training on how to complete JSA's. 2. Assist the supervisor with conducting the first JSA for their area of responsibility. 3. Inspect JSA's on file during spot inspections. B. Supervisors shall: 1. Conduct hazards assessments of the work area within their control to identify each job/task that has the potential to cause serious injury. 2. Conduct a Job Safety Analysis (JSA) for each identified job/task using the Job Safety Analysis form and instructions found in the Risk Management Forms Directory. Supervisors and staff who actually use the particular piece of equipment should work together to develop the JSA. M 3. Keep the JSA on file in the department. 4. Train affected staff on the work rules and practices outlined in the JSA. 5. Enforce the work rules. 6. Review the JSA's for their area of control annually and when equipment or tasks change. Staff who actually perform the identified task and/or use the equipment should participate in the analysis because they usually are the most knowledgeable about the hazards and have direct control over them. 2. Staff performing tasks identified in a JSA shall follow the established work rules for the task and utilize the identified controls and PPE. Section 15.6 Personal Protective Equipment Purpose To protect County employees from exposure to work place hazards and the risk of injury through the use of personal protective equipment (PPE). PPE is not a substitute for more effective control methods and its use will be considered only when other means of protection against hazards are not adequate or feasible. This section addresses general PPE requirements, including eye and face, head, foot and leg, hand and arm, and body (torso) protection. This policy does not cover PPE used for respiratory protection and hearing protection as the need for participation in these programs is established through industrial hygiene monitoring. Policy In accordance with 29 CFR 1910 Subpart I, personal protective equipment will be provided, used and maintained when it has been determined that its use is required to ensure the safety and health of our employees and that such use will lessen the likelihood of occupational injury and/or illness. PPE will be used in conjunction with other controls unless no other means of hazard control exists. No employee is permitted to use damaged or defective PPE. Responsibilities A. Risk Management Coordinator shall: 1. Assist divisions in PPE selection 2. Review PPE selection for appropriateness 3. Inspect the serviceability and availability of PPE during spot inspections 105 4. Provide guidance on proper use and care of PPE B. Supervisors shall: 1. Conduct hazards assessment for job tasks and ensure the proper PPE is available 2. Review and update PPE hazard assessments as necessary 3. Record hazard assessments and selected PPE on the Job Safety Analysis form in accordance with Chapter 1, Personnel, Article XV, Section 15.5. 4. Issue selected PPE to users upon initial job assignment and maintain documentation of issued PPE. 5. Ensure all users of selected PPE under their supervision are trained in the care and use of required PPE. 6. Ensure all users of selected PPE under their supervision use and care for PPE appropriately. 7. Immediately dispose of and replace damaged or defective PPE. C. Employees and volunteers shall: 1. Wear PPE as required. 2. Attend required training sessions. 3. Properly care for, clean, maintain and inspect PPE as required. 4. Inform the supervisor immediately of the need to replace or repair PPE. Hazard Assessment A. Supervisors are responsible for completing Job Safety Analysis (JSA) in accordance with Chapter 1, Personnel, Article XV, Section 15.5 B. The JSA is a resource for supervisors to log PPE hazard assessments, assign appropriate PPE, and inform employees of the hazards and required PPE associated with particular tasks. C. While conducting hazard assessments the following items shall be considered in regard to PPE: 1. Impact hazards 2. Penetration hazards 3. Compression (roll-over) hazards 4. Chemical hazards 5. Heat/Cold Hazards 6. Harmful dust 7. Light (optical) radiation hazards 8. Biologic hazards 9. Sources of energy and electricity 10. Sources of motion 11. Sources of high temperature 12. Types of chemicals in the workplace 13. Sharp objects PPE Selection A. All PPE clothing and equipment shall be of safe design and construction and be maintained in a clean and reliable condition. B. Always check the manufacturer's recommended usage for all PPE prior to purchase and use. C. PPE selected shall provide a level of protection equal to or greater than the minimum required to protect employees from hazards. D. General requirements. 1. Eye and Face Protection a. Shall be worn any time work operations can cause foreign objects to get in the eye. b. Shall protect against specific workplace hazards. c. Shall comply with ANSI Z87.1-1989. d. Should fit properly and be reasonably comfortable to wear. e. Should provide unrestricted vison and movement f. Should be durable and cleanable. g. Should allow unrestricted functioning of any other required PPE. 2. Head Protection shall: a. Shall be worn any time work operations can cause foreign objects to get in the eye. b. Be worn when objects might fall above and strike the head, the employee has a potential to bump their head against fixed objects, or there is the potential for head contact with electrical hazards. 107 c. Comply with ANSI Z.1-1986. d. Be worn as designed. e. Fit the employee. 3. Foot and Leg Protection a. Shall be worn when an employee has exposure to or potential exposure to falling, or rolling material, crushing or penetrating materials, corrosive chemicals, poisonous materials or electrical hazards. b. Safety footwear shall comply with ANSI Z41-1991 or ASTM F2413-05. c. Special conditions for electrically conductive shoes and electrical hazards safety toe shoes shall be given for employees exposed to electrical hazards. 4. Hand and Arm Protection a. Shall be worn where an employee is exposed to or potentially exposed to skin absorption of hazardous substances, electrical dangers, lacerations, bruises, scrapes or the like. b. The hand and arm protection chosen shall be specific to the job hazard. Examples include: i. Leather gloves — protection against sparks, moderate heat, blows, chips and rough objects. ii. Aramid fiber gloves — protection against heat, cold, and are cut and abrasive resistant. iii. Fabric gloves — protect against slivers, chafing, and abrasions iv. Coated fabric gloves — general purpose with slip resistance. v. Chemical and liquid resistant gloves — provide an impervious barrier against specific hazards. 5. Body Protection: a. High visibility garments shall be worn by all County employees working around construction equipment or within or adjacent to a roadway which shall, at a minimum, be a Class II reflective outer garment. b. Where the posted speed limit of a roadway is 50 mph or greater a Class III garment shall be worn. c. Shall be worn when an employee has exposure to temperature extremes, splashes from hot metals or liquids, impacted from tools or machinery or materials, and hazardous chemicals. 6. Hearing Protection: a. Shall be required when an employee is exposed to a noise level of 85 dB for an eight hour shift unless a standard threshold shift is experienced. b. Shall be required when an employee is exposed to a noise level of 115 dB in a 15 minute period. c. No employee shall be exposed to impact/impulse noises grater then 140dB. Training A. Any worker required to wear PPE will receive training in the proper use and care of PPE before being allowed to perform work requiring the use of PPE. B. Periodic retraining will be offered to PPE users as needed. C. The need for retraining will be indicated when: 1. An employee's work habits or knowledge indicates a lack of necessary understanding, motivation, and skills required to use the PPE (i.e., uses PPE improperly) 2. New equipment is installed 3. Changes in the workplace make previous training out-of-date. 4. Changes in the types of PPE to be used make previous training out- of-date. D. The training will include, but not necessarily be limited to, the following subjects: 1. When PPE must be worn; 2. What PPE is necessary; 3. How to properly don, doff, adjust, and wear PPE; 4. The limitations of the PPE; and 5. The proper care, maintenance, useful life, and disposal of PPE. E. After the training, the employee will demonstrate that they understand how to use PPE properly, or they will be retrained. 1• F. Training of each employee will be documented using the JSA to verify that each affected employee has received and understands the required PPE. Cleaning and Maintenance A. It is important that all PPE be kept clean and properly maintained. Cleaning is particularly important for eye and face protection where dirty or fogged lenses could impair vision. Employees must inspect, clean and maintain their PPE according to the manufacturers' instructions before and after each use. B. Supervisors are responsible for ensuring that users properly maintain their PPE in good condition. C. PPE must not be shared between employees until it has been properly cleaned and sanitized. D. PPE shall be distributed for individual use whenever possible. E. If employees provide their own PPE, supervisors shall make sure that it is adequate for the workplace hazards, and that it is maintained in a clean and reliable condition. F. Defective or damaged PPE shall not be used and will be immediately discarded and replaced. G. Contaminated PPE which cannot be decontaminated shall be disposed of in a manner that protects employees from exposure to hazards. Section 15.7 Self -Inspections Purpose To take a pro -active approach toward accident prevention in the workplace by regularly conducting safety inspections. Policy Departments shall implement a program of self -inspections for the purpose of maintaining a safe and healthful workplace for County employees. Responsibilities A. The Risk Management Coordinator shall: 1. Assist supervisors and division safety liaisons with self -inspections as necessary. 11.0 2. Review checklists for compliance, applicability, and verification of completion through spot inspections and safety program audits. 3. Provide or coordinate training for persons responsible for conducting inspections. 4. Provide guidance for development of department specific checklists. B. Supervisors shall: 1. Coordinate and conduct self -inspections for their area of responsibility. 2. Manage the self -inspection program for their area of responsibility. 3. Attend training on conducting self -inspections. 4. Implement appropriate corrective actions. 5. Train employees to conduct appropriate self -inspections according to checklists. C. Division Safety Liaison shall: 1. Assist the supervisor with maintaining self -inspection program documentation. D. Employees and Volunteers shall: 1. Assist the supervisor with self -inspections as necessary. 2. Conduct appropriate assigned self -inspections. Training A. Supervisors shall receive one-time training from Risk Management regarding self -inspections. B. The training may be repeated at the request of the supervisor or if the individual displays a need for additional training. C. Training shall explain the following topics in detail: 1. Purpose 2. Documentation 3. Communications and feedback D. Employee training will be conducted by the supervisor for specific self - inspections for which the employee is solely responsible. Documentation 111 A. All self -inspection checklists shall be maintained by the Department for a period of 1 year. B. Self -inspection checklists shall be made available for review by Risk Management at all times. 1. This is best accomplished by maintaining a self -inspection program binder. This should be maintained by the division safety liaison. Self -inspections A. Self -inspections are workplace inspections that ensure the safety and health of employees. Supervisors shall conduct self -inspections using a self -inspection checklist at least every six months. B. The sample Safety Self -Inspection Checklist, found in the Risk Management Forms Directory, is a broad general example of a self - inspection checklist for use by Departments. Each department should add or delete items to make the checklist unique and useful for their area of responsibility. Deletions may be subject to approval by the Risk Management Coordinator. C. Interest areas for inspections include but are not limited to: 1. Postings 2. Processing, receiving, shipping and storing 3. Building and grounds 4. Housekeeping 5. Electricity 6. Lighting 7. Heating and ventilation 8. Machinery 9. Personnel 10. Hand and Power tools 11. Chemicals 12. Fire Prevention 13. Maintenance 1.4. Personal Protective Equipment 15. Transportation 16. First -Aid 17. Evacuation Plans 112 D. All self -inspections shall be conducted using information provided by the manufacturer where applicable. E. Self -inspection checklists shall be maintained by the department for three years and made available to the Risk Management Coordinator for review when requested. Section 15.8 Hazard Communication & Chemical Safety Program Purpose To ensure that the hazards of all chemicals produced or imported are evaluated, and that information concerning their hazard is transmitted to employees. Policy This written program has been established for Isle of Wight County to comply with the Hazard Communication Standard, 29 CFR 1910.1200. All departments and divisions of the County are included within this program. Copies of this written program will be available for review by any employee in the following locations: • On the Central network drive, in the Policies Folder • Human Resources Department • In Safety Data Sheet Binders Responsibilities A. The Risk Management Coordinator Shall: 1. Develop and maintain the Hazard Communication program 2. Act as a resource for implementation of the program 3. Conduct or coordinate awareness level new employee training for the program 4. Ensure Safety Data Sheet (SDS) files are acquired by departments 5. Inspect the program at least annually B. Department/Agency Heads shall: 1. Ensure departmental compliance with the Hazard Communication program 2. Implement corrective action as required to ensure compliance 3. Review and accept Hazardous Chemical listings for their department. 4. Ensure SDS's are acquired for all chemicals within their department. 113 5. Ensure outside personnel are notified of the program. 6. Ensure the development of procedures for non -routine tasks. C. Supervisors shall: 1. Ensure employees are informed of the workplace Hazard Communication program. 2. Determine affected employees and ensure job specific training is provided. 3. Assist the Department/Agency Head with the implementation of corrective actions as required to ensure compliance. 4. Develop procedures for non -routine tasks 5. Conduct annual self -inspections to ensure compliance with this policy. D. Employees shall: 1. Comply with the elements of thepolicy and program 2. Seek additional training as necessary to ensure awareness. 3. Wear PPE required when using hazardous chemicals. 4. Advise management of program deficiencies. 5. Assist as necessary with self -inspections To avoid injury and/or property damage, persons who handle chemicals in any area of the County must understand the hazardous properties of the chemicals. Before using a specific chemical, safe handling methods and health hazards must always be reviewed. The basic components of this program include: • Hazardous Chemical Inventory List — listed alphabetically • Safety Data Sheets • Labels and Other Forms .of Warning • Employee Information and Training • Non -Routine Tasks • On-site Contractors • General Chemical Safety • Program Review Hazardous Chemical Inventory List A list of all known hazardous chemicals (products) used by Isle of Wight County employees is contained in Appendix A of this written program. A list of hazardous chemicals used by each department is kept with 114 corresponding safety data sheets in Human Resources, E911, Emergency Services, General Services, and Parks and Recreation. Hazard Determination All hazardous chemicals in the County are purchased materials; there are no manufactured or intermediate hazardous chemicals. Therefore, Isle of Wight County shall rely on the hazard determination made by the chemical manufacturer as indicated on the SDS. Safety Data Sheets (SDS) If chemicals not listed in Appendix A are ordered or purchased, the department making the purchase shall be responsible to obtain the manufacturers corresponding, properly formatted, safety data sheets and forward them to the Risk- Management Coordinator for inclusion in the Master SDS file. The Risk Management Coordinator will review the SDS's for completeness and proper format. Should any SDS be incomplete, the department which made the purchase will immediately send correspondence to the manufacturer requesting the proper information. A complete Master file of SDSs for all hazardous chemicals to which employees of the County may be exposed will be kept in labeled binders in Human Resources, E911, Emergency Services, General Services, and Parks and Recreation. Departments who use chemicals are responsible to maintain SDSs for hazardous chemicals used by their departments, in labeled binders in the main office area of the respective department. SDSs will be available for employees during each work shift. Should SDSs be unavailable, please contact the Risk Management Coordinator immediately. SDSs will be reviewed annually by the Risk Management Coordinator. Should there be any SDS that has not been updated within the past year, a new SDS will be requested. After three documented requests for an SDS have been unsuccessful, the problem will be reported to the nearest Virginia Occupations Safety and Health (VOSH) office. You can find many SDSs available on-line. Labels and Other Forms of Warning The Hazard Communication Standard requires that hazardous chemicals be labeled by manufacturers. The label must contain the following: • Chemical identity; 115 * Appropriate hazard warnings; and Name & address of chemical manufacturer, importer, or other responsible party Upon delivery of chemicals, the Department/Agency Head or designee will ensure that chemicals are labeled properly. Any chemicals without proper labeling will not be accepted. When chemicals are transferred from the manufacturer's containers to secondary containers, the Manager or Supervisor of each department shall ensure that the containers are labeled with the identity of the chemicals and appropriate hazard warnings using the Global Harmonized System (GHS) label (i.e. gas — fire hazard, Round -Up — eye warning). The labeling procedure will be reviewed annually by the Risk Management Coordinator and changed as necessary. Employee Information and Training Prior to starting work, new employees of Isle of Wight County will attend a safety orientation program. The Risk Management Coordinator will be responsible for organizing and conducting the initial training. This training will consist of general training covering: • Location and availability of the written Hazard Communication Program; • Location and availability of the List of Chemicals used in the workplace; • Methods and observation used to detect the presence or release of a hazardous chemical in the workplace; • Information contained in SDSs for employees to protect themselves; • Explanation of the chemical labeling system; and • Location and use of SDS Job Specific Training Employees will receive on the job training from their supervisor. This training will cover the following elements relative to the specific chemicals they will be using or will be working around in their work area: 1. The specific physical and health hazard of chemicals in the workplace; 2. Specific control measures for protection from physical or health hazards; 3. Proper use and storage of the chemicals in their workplace; and 4. PPE requirements. 116 Immediate On -the -Spot Training This training will be conducted by supervisors for any employee that requests additional information or exhibits a lack of understanding of the safety requirements. Following each training session, the employee is required to sign and date the training record verifying attendance. Before any new employee can begin work which requires the use of or potential exposure to hazardous chemicals, training as indicated for new employees must be completed. Additional training will be provided with the introduction of each new hazard. Records of the additional training will be maintained. Non -Routine Tasks Non -routine tasks are defined as working on, near, or with unlabeled piping, unlabeled containers of an unknown substance, confined space entry where a hazardous substance may be present and/or a one-time task using a hazardous substance differently than intended (example: using a solvent to remove stains from the floors). Steps for Non -Routine Tasks: Step 1: Hazard Determination Step 2: Determine Precautions Step 3: Specific Training & Documentation Step 4: Perform Task The Department Supervisor will evaluate all non -routine tasks before the task commences to determine all hazards present and the necessary precautions needed to either remove the hazard, change to a non -hazard, or protect from the hazard (use of personal protective equipment) to safeguard the employees present. In addition, the Department Supervisor will provide or obtain necessary specific safety training for employees present or affected by the non -routine task and will document the training. Prior to an employee beginning a hazardous non -routine task, he/she must report to the Department Supervisor to determine the hazards involved and the protective equipment and/or training required. All outside contractors working inside County Facilities are required to follow the requirements of their own Hazard Communication Program. The County will provide the contractors a copy of the Hazard Communication Program when requested. Contractors are responsible for any chemicals they bring to the facility and notifying the appropriate staff of the chemical. General Chemical Safety 117 Assume all chemicals are hazardous. The number of hazardous chemicals and the number of reactions between them. is so large that prior knowledge of all potential hazards cannot be assumed. Use chemicals in as small quantities as possible to minimize exposure and reduce possible harmful effects. The following general safety rules shall be observed when working with chemicals: • Read and understand the Safety Data Sheets. • Keep the work area clean and orderly. • Use the necessary safety equipment. • Carefully label all secondary containers with the identity of the contents and appropriate hazard warnings (GHS). • Store incompatible chemicals in separate areas. • Substitute less toxic materials whenever possible. • Limit the volume of volatile or flammable material to the minimum needed for short operation periods. • Ensure primary labels are legible and intact. • Provide means of containing the material if equipment or containers should break or spill their contents. Task Evaluation Each task that requires the use of chemicals should be evaluated to determine the potential hazards associated with the work. This hazard evaluation must include the chemical or combination of chemicals that will be used in the work, as well as other materials that will be used near the work. If a malfunction during the operation has the potential to cause serious injury or property damage, a Safe Operational Procedure (SOP) should be prepared and followed. Operations must be planned to minimize the generation of hazardous wastes. Chemical Storaee The separation of chemicals (solids or liquids) during storage is necessary to reduce the possibility of unwanted chemical reactions caused by accidental mixing. Use either distance or barriers (e.g., trays) to isolate chemicals into the following groups: • Flammable Liquids: store in approved locations. • Acids: treat as flammable liquids • Bases: do not store bases with acids or any other material 118 • Other liquids: ensure other liquids are not incompatible with any other chemical in the same storage location. • Lips, strips, or bars are to be installed across the width of storage shelves to restrain the chemicals in case of earthquake. Chemicals will not be stored in the same refrigerator used for food storage. If a refrigerator is used to store chemicals, a label on the door must appropriately identify refrigerators used for storing chemicals. Emergencies and Spills In case of an emergency, implement the following: • Evacuate people from the area. • Isolate the area. • If the material is flammable, turn off ignition and heat sources. • Only personnel specifically trained in emergency response are permitted to participate in chemical emergency procedures beyond those required to evacuate the area. • Call for emergency assistance if required. Housekeeping 1. Maintain the smallest possible inventory of chemicals to meet immediate needs. 2. Periodically review stock of chemicals on hand. 3. Ensure that storage areas, or equipment containing large quantities of chemicals, are secure from accidental spills. 4. Rinse emptied bottles that contain acids or inflammable solvents before disposal. 5. Do not place hazardous chemicals in salvage or garbage receptacles. 6. Do not pour chemicals onto the ground. 7. Do not dispose of chemicals through the storm drain system. 8. Do not dispose of highly toxic, malodorous chemicals down sinks or sewer drains. 9. Periodically purge old chemicals that are no longer needed. Program Review This written Hazard Communication Program will be reviewed by the Risk 119 Management Coordinator annually and updated as necessary. Appendix A ISLE OF WIGHT COUNTY CHEMICAL INVENTORY Chemicals/products used in this organization: Acetone Ammonium Sulfate Regular Athletic Field Marking Paint Dura Stripe White and Colors Austin A -I Bleach Brite 40:1 Brite RTU Window Cleaner Butacite Cleaner & Conditioner Clorox Regular Bleach Commercial Solutions Pine Sol Brand Cleaner Disinfectant Spray DPD Free Chlorine Reagent DPD, Total Chloring Reagent Drive 75 DF Herbicide Embark 2S Plant Growth Regulator GLY-4 GLY-4 Plus GOJO Natural Orange Pumice Hand Cleaner Gordon's MSMA Herbicide Gordon's Professional Turf and Ornamental Products Trimec Classic Brand Broadleaf Herbicide Graffiti -X Green Hydro Clean Green Thumb Wasp & Hornet Killer Formula IV Heinz Pure White Vinegar Hilcolube HP Super Hydrochloric Acid Isopropyl Alcohol Klucel G Lemon Odor Disinfectant Spray Mathe Magnesium Stearate Microcrystalline Wax Mr. Clean All-purpose Cleaner Oatey Purple Primer NSF Oatey Rain -R -Shine PVC Cement Off Fam-ilyCare Insect Repellent IV Unscented with Aloe Vera Orange -Sols Ortho Home Defense Max Perimeter & Indoor Insect Control ORVIS WA Surfactant Paste Palaloid B-72 100% Resin 120 Paper Saver -Bulk Paper Saver -Spray Paraloid B-67 100% Resin Pine Quat 64 Disinfectant Pramitol 25E Pre-lim Surface Cleaner Pro Link Disinfectant Spray Purell Instant Hand Sanitizer Quick Dry Renaissance Wax Polish San -O 128 Self -Indicating (blue) Silica Gel SH/CG4 Heavy Duty Motor Oil 15W-40 Silica Gel Sterile Eyesaline Solution Stihl Bar & Chain Lubricant Sun Skeeter Insect Repellant & Sunscreen Towel Sunscreen Wipes Tannic Acid WD -40 Aerosol Windex Powerized Glass Cleaner (RTU) XO -Rust Enamel Section 15.9 Energy Control/Lockout — Tagout Powered machinery, electrical equipment, or pressurized systems that could cause injury or put people in danger, is a hazard that energy control procedures can control. Employees must be alert to devices, which after being shut down, can roll, fall, move, or release energy in a way that could cause injury. Typical tasks requiring lockout/tagout (LOTO) procedure include, but are not limited to: 1. Employee placing any part of their body into a machine's point of operation 2. Repairing electrical circuits 3. Cleaning, repairing, and maintaining machinery with moving parts 4. Clearing blocked or jammed mechanical or operational problems 5. Removing or by-passing a guard or other safety device 6. Working on chemical, hydraulic or pneumatic systems Purpose 121 To ensure all departments required to establish a Lockout/Tagout program do so utilizing the designated procedures for affixing appropriate lockout devices or tagout devices to energy isolating devices, and to otherwise disable machines or equipment to prevent unexpected energization, start up or release of stored energy in order to prevent injury to employees. Policy All County departments with employees who perform work where the control of hazardous energy is necessary for the safe accomplishment of maintenance or other operations will develop Lockout — Tagout Programs specific to the machinery or equipment being maintained. Definitions Affected Employee — An employee whose job requires him/her to operate or use a machine or equipment on which servicing or maintenance is being performed under lockout or tagout, or whose job requires him/her to work in an area in which such servicing or maintenance is being performed. Authorized Employee — A person who locks out or tags out machines or equipment in order to perform servicing or maintenance on that machine or equipment. An affected employee becomes an authorized employee when that employee's duties include performing servicing or maintenance covered under this section. Lockout — The placement of a lockout device on an energy isolating device, in accordance with an established procedure, ensures that the energy isolating device and the equipment being controlled cannot be operated until the lockout device is removed. Lockout Device — A device that utilizes a positive means such as a lock, either key or combination type, to hold an isolation device in the safe position and prevent the energizing of a machine or equipment. Normal Operation — The utilization of a machine or equipment to perform its intended function. Servicing andlor Maintaining — Workplace activities such as constructing, installing, setting up, adjusting, inspecting, modifying, and maintaining or servicing machines or equipment. These activities include lubrication, cleaning or unjamming of machines or equipment and making adjustments or tool changes, where the employee may be exposed to the unexpected energization or startup of the equipment or release of hazardous energy. Setting up — Any work performed to prepare a machine or equipment to perform its normal operation. 122 Tagout — The placement of a tagout device on an energy isolating device, in accordance with an established procedure until the tagout device is removed. Tagout Device — A prominent warning device, such as a tag and a means of attachment, which can be securely fastened to an energy isolating device in accordance with an established procedure, to indicate that the energy isolating device and the equipment being controlled may not be operated until the tagout device is removed. Responsibilities A. Department/Agency Heads shall: 1. Ensure time is dedicated for development and implementation of the Lockout and tagout program; 2. Ensure applicable Lockout/Tagout devices are purchased, serviceable and available for use; 3. Establish and implement corrective actions as required to ensure compliance; and 4. Ensure the notification of outside personnel. B. Supervisors shall: 1. Develop and maintain the departmental Lockout/Tagout program 1. Inventory and identify all potentially dangerous machines, equipment or system types capable of releasing hazardous energy in work areas or facilities under their control. 2. Develop LOTO procedures for those identified, which include identification of energy source(s), location of disconnects, special hazards, and steps for shutting down, isolating, blocking or other means necessary to bring a machine to zero -energy state. a. Develop equipment Specific LOTO procedures for those having two or more energy sources. b. Develop common LOTO procedures when all of the following elements exist: 1. Machine or equipment has no potential for stored or residual energy or accumulation of stored energy after shutdown, which could endanger employees 2. Machine or equipment has a single energy source which is readily identified and isolation and lockout of that 123 energy source will completely de -energize and deactivate the machine or equipment 3. Machine or equipment is isolated from that energy source'and locked out during servicing or maintenance 4. A single lockout device will achieve a locked out condition 5. Lockout device is under the exclusive control of the authorized employee performing the service or maintenance 6. Servicing or maintenance does not create hazards for other employees 2. Select and provide the appropriate lockout and tagout devices for their respective work group; 3. Ensure newly purchased or replacement machinery under their control has the ability to accept lockout and tagout devices; 4. Determine affected employees and ensure training is provided; 5. Assist the Department/Agency Head with implementation of corrective actions as required to ensure compliance. 6. Inspect the program at least annually to ensure regulatory compliance C. The Risk Management Coordinator shall: 1. Conduct or coordinate awareness training for all County employees. 2. Act as a resource during development and implementation of the program. 3. Inspect the program at least annually to ensure divisional compliance. D. Employees shall: 1. Comply with the elements of the policy and program. 2. Seek additional training as necessary to ensure awareness. 3. Assist as necessary with the development and implementation of the program. The Lockout — Ta out, t Program A. Program Goals 1. Develop departmental/divisional programs in a standardized format that are easily identifiable by all persons affected. 124 2. Centralize information regarding the control of hazardous energy in the work area of affected employees to streamline inspection, component management, and compliance assurance. 3. At a minimum, meet the requirements of 29 CFR 1910.147. B. Written Program Requirements 1. All departmental program documents will be bound in a three ring binder of appropriate size and made available for review at all times. 2. The binder will be marked on the front cover in large, bold print and in black font color with: LOTO Energy Control Program Division Name 3. Program documents: 1. The cover page will contain the following statements: i. "The purpose of the energy control program is to provide energy control procedures, employee training and periodic inspections to ensure that before any employee performs any servicing or maintenance on a machine or equipment where the unexpected energizing, startup or release of stored energy could occur and cause injury, the machine or equipment shall be isolated from the energy source and rendered inoperative." ii. A summary of the division's workplace operations and hazards associated with hazardous energy. iii. "All equipment shall be locked -out or tagged -out to protect against accidental or inadvertent operation when such operation could cause injury to personnel. Do not attempt to operate any switch, valve, or other energy isolating device where it is locked or tagged -out." 2. Table of contents: Standard form (Use the LOTO Table of Contents, found in the Risk Management Forms Directory) 3. Tab 1: A list of employees identified by the Department/Agency Head who are authorized to affix LOTO devices. LOTO device assignments will be identified on this list. 4. Tab 2: A list of all affected employees covered by the divisional program along with contact information and their direct supervisor's name. 5. Tab 3: An inventory of machines/equipment County employees maintain along with LOTO procedures identified (Use the 125 Machine/Equipment Evaluation and Isolation Form, found in the Risk Management Forms Directory.) 6. Tab 4: Copies of training materials. At a minimum, paper copies will be kept here at all times for employees to review. Copies of digital media should only be kept here if the information cannot be printed. i. Sub -section l: Initial LOTO briefing (From Risk Management) ii. Sub -section 2: Specific training (Coordinated and/or conducted by the division supervisor) iii. Sub -section 3: Annual training (Coordinated and/or conducted by the division supervisor) 7. Tab 5: List of trained individuals with associated training completion date and the annual training due date. 8. Tab 6: Additional Practices (Use LOTO Additional Practices found in the Risk Management Forms Directory) i. Notify Outside Personnel ii. Group LOTO Requirements iii. Shift Change Requirements iv. Temporary Testing and Positioning 9. Tab 7: Annual review signature page (Use LOTO Annual Program Evaluation form found in the Risk Management Forms Directory) 4. Inspection of the written program will be performed at least once per year by the Division 'supervisor and at least once per year by the Risk Management Coordinator. C. Lockout and Tagout Devices 1. LOTO devices must be durable, standard, standardized, substantial, and identifiable. 2. The following must be considered when purchasing LOTO devices: i. LOTO devices shall not be used for any other purpose. ii. LOTO devices shall be standardized within the facility in at least one of the following criteria: Color; shape; or size; and additionally, in the case of tagout devices, print and format shall be standardized. 126 iii. LOTO devices must be suitable for the environment where they will be used and applicable to the machine/equipment to which the device is affixed. iv. LOTO devices shall indicate the identity of the employee applying the device(s). v. Tags shall be constructed and printed to prevent deterioration, illegibility, and corrosion when used in wet environments or exposed to locations where acid and alkali chemicals are stored. vi. Lockout devices must be substantial enough to prevent removal without the use of excessive force or unusual techniques such as bolt cutters or cutting tools. vii. Tagout device attachments shall be of a non -reusable type, attachable by hand, self-locking, and non -releasable with a minimum unlocking strength of no less than 50 pounds and having the general design and basic characteristics of being at least equivalent to a one-piece, all environment -tolerant nylon cable tie. viii. Tagout devices shall warn against hazardous conditions if the machine or equipment is energized and shall include a legend such as the following: Do Not Start. Do Not Open. Do Not Close. Do Not Energize. Do Not Operate. D. General. Procedural Steps During Lockout and Restart Shut down and lockout 1. Only authorized persons will actually perform the lockoutltagout. 2. Notify all affected employees that you are going to start a lockout process. 3. Locate all energy sources for the equipment that will be serviced and ensure they all are deactivated. 4. Every power source will have its own procedure for lockout which will include one or more of the following: i. Pulling a plug ii. Opening a disconnect switch iii. Removing a fuse iv. Closing a valve v. Bleeding a line vi. Blocking the equipment 127 5. Shut down the machine by pulling the plug or disconnecting from a power source. 6. Turn off the main power source to the machine. 7. Try to turn the machine on. 8. Attempt to restart machine to be sure. 9. Turn the machine controls back to "off'. 10. The authorized person will use his/her locks to lock out all energy sources involved. 11. The authorized person will be certain that his/her lock, after being placed, is actually preventing the power from being turned on. 12. Each employee that will work on the equipment during the lockout procedure will place his/her own lock on the power source(s). 13. Place a tag with the locks. Information on the tag will include: i. Name of authorized person ii. Date and time of lockout iii. Other site-specific information that may be required. 14. A lock belonging to one employee will never be used by anyone else. 15. Other authorized or affected employees in the area will never restore power to a machine that has been de -energized but not locked out. A supervisor will be contacted if the employee finds the machine/equipment in this condition. 16. Release any residual energy to get to a zero -energy state. Valves, air, gravity and fluids are some items to check. Restart 1. Remove any tools from the area and replace all safety guards that have been removed. 2. Alert everyone in the area that the lockout is about to end. 3. Remove the tag and each employee removes his/her own lock. 4. Restore all sources of energy. 5. Restart equipment. E. Emergency Lockout/Tagout Removal Lockout/Tagout devices will only be removed if the authorized employee who implemented the device is unavailable. The Division 128 Supervisor shall perform device removal in the absence of the authorized employee. F. Notification of Outside Personnel The Department/Agency Head shall coordinate the exchange of written practices between the County and outside personnel. All affected County employees shall be made aware of the practices used by the contractor and abide by practices and restrictions of the outside personnel. Outside personnel may not begin working unless their practices meet or exceed those of the County. G. Group LOTO Practices - An individual device shall be affixed by each authorized employee servicing or maintaining equipment. In the event that the machine or equipment will not receive multiple locks a hasp or other suitable gang type device will be used. H. Shift Change The authorized employee and their immediate supervisor are responsible for coordinating the transfer of devices for machines or equipment that will be serviced or maintained through a shift change. If the transfer of devices does not occur prior to the end of the originating employees shift the group LOTO practices shall be utilized. I. Temporary Removal of Devices In situations in which Lockout or Tagout devices must be temporarily removed from the energy isolating device and the machine or equipment energized to test or position the machine, equipment or component thereof, the following sequence of actions shall be followed: 1. Ensure the nonessential items have been removed and the machine or equipment components are operationally intact; 2. Ensure that all employees have been safely positioned or removed and notify affected employees of device removal; 3. Energize and proceed with testing or positioning; 4. De -energize utilizing the procedures outlined in the program. J. Training 1. Initial awareness level training will be conducted by the Risk Management Coordinator during Employee Orientation and at the request of Departments who have identified employees in need of remedial training. Topics covered during initial training include the following: 129 i. Purpose and function of the LOTO program; ii. Components of this policy and written programs; iii. Identification of devices; iv. Dangers of hazardous energy; v. Prohibitions relating to unauthorized restart or reenergize of locked out or tagged out machines and equipment; vi. Accessing 29 CFR 1910.147 via OSHA.gov 2. Specific training for Authorized Employees shall be developed by each Department as applicable. A written lesson plan describing the procedure for training and competency standards shall be developed by the department and include the following: i. Safe application, usage, and removal of the energy controls; ii. Hazardous energy recognition and the type and magnitude of energy available in the workplace; and iii. A practical examination to prove competency in the utilization of procedures and devices and hazard recognition. 3. Employee retraining shall be conducted whenever a deficiency is observed in an employee's performance and whenever there is a change in job assignment, equipment, machinery, energy controls, or when a change to the written program occurs. K. Violations Violations of the LOTO policy and/or program will result in disciplinary action in accordance with personnel policy. Employees in violation of the policy and/or program are required to attend retraining with emphasis on the area of violation. Section 15.10 Excavations, Trenching and Shoring A trench is a special kind of excavation which defined as an excavation whose width is less than 15 feet across and whose depth is greater than its width. It is these dimensions which make trench operations so hazardous. Because of its narrowness, the workers in a trench are confined; and because of the depth of the trench, cave-ins are an ever-present danger. In the event of trench wall failure, there is little time to avoid burial. All work below ground level requires the continual watchfulness by workers and their supervisors to protect workers. 130 To protect workers who are exposed to open excavations made in the earth's surface, and to meet the requirements of 29 CFR 1926 Subpart P. Definitions Accident — the point in a sequence of unplanned events which results in an injury, illness, and/or damage. Accepted engineering practice — those requirements which are compatible with standards of practice required by a registered professional engineer. Aluminum Hydraulic Shoring — a pre-engineered shoring system comprised of aluminum hydraulic cylinders (crossbars) used in conjunction with vertical rails (uprights) or horizontal rails (wales). Such system is designed specifically to support the sidewalls of an excavation. Bell -Bottom pier hole — a type of shaft or footing excavation, the bottom of which is made larger than the cross section above to form a belled shape. Benching — a method of protecting employees from cave-ins by excavating the sides of an excavation to form one or a series of horizontal levels or steps, usually with vertical or near -vertical surfaces between the levels. Cave-in — the separation of a mass of soil or rock material from the side of an excavation, or loss of soil from under the trench shield or support system, and its sudden movement into the excavation, either by falling of sliding, in sufficient quantity so that it could entrap, bury, or otherwise injure and immobilize a person. Competent person — one who is capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them. Cross braces — the horizontal members of a shoring system installed perpendicular to the sides of the excavation, the ends of which bear against either uprights or wales. Face or sides — the vertical or inclined earth surfaces formed as a result of excavation work. Failure — the breakage, displacement, or permanent deformation of a structural member or connection so as to reduce its structural integrity and its supportive capabilities. 131 Hazardous atmosphere — an atmosphere which by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating oxygen deficient, toxic, or otherwise harmful, may cause death, illness, or injury. Kickout — the accidental release or failure of a cross brace. Protective systems — a method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or in an excavation, or from the collapse of adjacent structures. Protective systems include support systems, sloping and benching systems, shield systems, and other systems that provide the necessary protection. Ramp — an inclined walking or working surface that is used to gain access to one point from another, and is constructed from earth or from structural materials such as steel or wood. Registered Professional Engineer — a person who is registered as a professional engineer in the state where the work is to be performed. Sheeting — the members of a shoring system that retain the earth in position and in turn are supported by other members of the shoring system. Shield (Shield system) — a structure that is able to withstand the forces imposed on it by a cave-in and thereby protect employees within the structure. Shields can be permanent structures or can be designed to be portable and moved along as work progresses. Additionally, shields can be either pre -manufactured or job -built in accordance with 29 CFR 1926.652(c) (3) or (c) (4). Shields used in trenches are usually referred to as "trench boxes" or "trench shields". Sloping (sloping system) — a method of protecting employees from cave-ins by excavating to form sides of an excavation that are inclined away from the excavation so as to prevent cave-ins. The angle of incline required to prevent cave-ins varies with differences in such factors as the soil type, environmental conditions of exposure, and application of surcharge loads. Stable rock • natural solid mineral material that can be excavated with vertical sides and will remain intact while exposed. Unstable rock is considered to be stable when the rock material on the side or sides of the excavation is secured against caving -in or movement by rock bolts or by another protective system that has been designed by a registered professional engineer. Structural ramp — a ramp built of steel or wood, usually used for vehicle access. Ramps made of soil or rock are not considered structural ramps. 132 Support systems — a structure such as underpinning, bracing, or shoring, which provides support to an adjacent structure, underground installation, or the sides of an excavation. Tabulated data — means tables and charts approved by a registered professional engineer and used to design and construct a protective system. Trench (trench excavation) — a narrow excavation (in relation to length) made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet. If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to 15 feet or less (measured at the bottom of the excavation), the excavation is also considered a trench. Uprights — the vertical members of a trench shoring system placed in contact with the earth and usually positioned so that individual members do not contact each other. Wales — horizontal members of a shoring system paced parallel to the excavation face whose sides bear against the vertical members of the shoring system or earth. Policy County work crews who perform excavations and/or work in excavations shall have a competent person inspect the excavation prior to entry to ensure elimination of hazards and who remains on site for the duration of work. All employees required to work in or around excavations shall be trained in the hazards associated with this work. Applicability All employees and volunteers of County offices and departments. Responsibilities A. Supervisors shall: 1. Ensure a competent person is onsite during excavation operations. 2. Ensure awareness training of all personnel required to work in or around open excavations. 3. Ensure utility markings are clear and applicable permits are obtained prior to conducting operations. 4. Notify the appropriate parties in the event of emergency or accident disturbance or damage of existing installations. 133 5. Ensure a safe work zone is set up prior to conducting operations in or near the roadway in accordance with the Virginia Work Area Protection Manual. 6. Retain excavation inspection checklists for one year and make available for review when requested. B. Risk Management Coordinator shall: 1. Provide awareness level training to employees working in or around excavations. 2. Assist supervisors in acquiring training for competent persons. C. Competent Person shall: 1. Conduct all worksite inspections regarding excavation safety. 2. Log inspections using the Excavation Inspection Checklist found in the Risk Management Forms Directory. Underground Installations . A. A survey of underground utilities or other installations shall be conducted and an estimated location of these installations shall be marked prior to conducting excavation operations. B. While the excavation is open, all installations shall be protected, supported, or removed as necessary to safeguard employees. 1. If installations are disturbed or damaged in any way during operations, the supervisor shall: Call 911 and evacuate the area if a dangerous situation is created. ii. Contact the owner immediately. iii. Not attempt to repair or cover up accidental damages. Access, Egress and Additional Precautions A. Means of egress shall be located in excavations greater than or equal to four feet in depth and shall not be located more than 25 feet of lateral travel from employees. B. Ramps and runways for employees' access and egress shall be designed by a competent person in accordance with 20 CFR 1926.651 paragraph C. 134 C. Employees shall wear a Class II or III reflective outer garment when working in or around excavations. D. When working near the roadway the supervisor shall ensure the requirements of the Manual of Uniform Traffic Control Devices and the Virginia Work Area Protection Manual is consulting and appropriate safe zones are established. E. No employee shall work underneath loads handled by lifting or digging equipment. 1. Employees must stand away from vehicles being loaded or unloaded to prevent contact due to spillage or falling materials. F. No employee shall work in an excavation where water accumulation exists unless: 1. Special support systems are implemented to protect employees from cave-ins, 2. Water removal equipment is used and monitored by a competent person, and 3. Surface water is diverted and controlled. G. A warning system shall be established by the supervisor to when mobile equipment must approach an excavation and the operator does not have an unobstructed line of sight to the excavation. The following may be utilized: 1. Barricades 2. Hand signals 3. Stop logs H. Walkways shall be provided where employees or equipment are required or permitted to cross over excavations. I. Guardrails shall be provided where walkways are six feet above lower levels. Hazardous Atmospheres A. Where oxygen deficient atmospheres may exist, atmospheric testing shall be conducted for excavation greater than four feet in depth. 135 B. Adequate precautions shall be taken, such as providing ventilation, to meet acceptable atmospheric standards. C. Where atmospheric controls are used, atmospheric monitoring shall be conducted as often as necessary to ensure a safe atmosphere. D. Emergency rescue equipment appropriate for the excavation shall be made available when hazardous atmospheres are reasonably expected to develop during operations. 1. This equipment shall be attended by a person trained to use the equipment in the event of emergency. E. Employees entering bell-bottom pier holes or the like shall wear a harness with a lifeline securely attached. 1. The lifeline shall not be used to handle materials. 2. The lifeline shall be individually attended while employee is in the excavation. Stability of Adjacent Structures A. Support systems such a shoring, bracing, or underpinning must be used to support structures that may be unstable due to excavation operations. B. Excavating below the base or footing of a foundation or wall is not permitted unless: 1. Support system is provided to ensure the stability of the structure; or 2. The excavation is in stable rock; or 3. A Registered Professional Engineer approves the operation. C. Support systems must be provided for sidewalks, pavements, and other structures that may be affected by the excavation operation. D. Protection of employees from loose rock or soil. 1. Employees must be protected from being struck by materials falling or rolling from the edge and face of the trench. 2. Spoil piles and equipment must be back at least 2 feet from the edge of the trench and/or a retaining device must be installed. 136 E. Fall protection is required for walkways and bridges over trenches. Bridges and walkways must be equipped with standard guardrails and toe boards. Other fall protection may also be required. F. All excavations must be backfilled, covered, or barricaded if left unattended. Inspections A. Daily inspections of excavations, protective systems and adjacent areas shall be completed by a competent person. B. Additional inspections shall be conducted: 1. Prior to starting work 2. As needed throughout the shift 3. After rainfall or other hazard increasing event occurs. C. Inspections shall be recorded on the Excavation Inspection Checklist Form, found in the Risk Management Forms Directory, and kept for a period of one year or until the next excavation at the salve location. Protective Systems A. All employees must be protected from cave-ins by shields, sloping or shoring. 1. A competent person is required even when the trench is less than 5 feet deep. B. Protective systems must have the strength to resist all intended or expected loads. C. Employees must be protected from cave-ins when entering and exiting trench shields and protective systems. D. Employees are not permitted in shields when they are being installed, removed, or moved vertically. E. Design of sloping and benching systems must be selected and constructed using one or more of four alternative methods. 1. Option 1 Allowable configurations and slopes. 137 i. Sloped at an angle of 34 degrees = 1-1/2 to 1. ii. Use of other configurations described in Appendix B of 29 CFR 1926 Subpart P for Type C soil classifications. 2. Option 2 Determination of sloping and benching configurations using Appendices A and B of 29 CFR 1926 Subpart P. i. Soil and rock must be classified based on: a. Site and environmental conditions b. The composition of the soil C. Acceptable visual and manual tests for classifying soils as described in Appendix A of 29 CFR 1926 Subpart P ii. Selecting sloping or benching configuration from Appendix B of 29 CFR 1926 Subpart P based on soil type. 3. Option 3 Designs using other tabulated data, such as tables and charts, may be used to select sloping and benching configurations when the following requirements met. i. Identity of the Registered Professional Engineer who approved the data must be stamped on the data. ii. The tabulated data must be in written form, describing detailed information on its use and limitations. iii. Tabulated data must be at job site during construction of the protective system. iv. After construction of the protective system, the tabulated data may be kept off site but must be available for inspection. 4. Option 4 Sloping ano/or bennching designs prepared and approved by a Registered Professional Engineer may be used when the following requirements are met. i. Identity of the Registered Professional Engineer who approved the data must be stamped on the sloping and/or benching designs. ii. Designs must identify the project. iii. The configurations must be determined safe for the project. iv. Designes must be at the job site during construction of the sloping and/or benching configuration. v. After construction of the sloping configuration, the designs may be kept off site, but must be available for inspection. 138 F. Excavations greater than 20 feet in depth must be designed by a Registered Professional Engineer and the tabulated data and design must be available for inspection, unless using a protective system approved for depths greater than 20 feet. G. Design of support systems, shield systems, and other protective systems must be selected and constructed in accordance with the following options: 1. Option 1 — Design using appendices A, C and D of 29 CFR 1926 Subpart P may be used by a competent person. i. Timber shoring is designed by using Appendices A and C. ii. Appendix A and D of 29 CFR 1926 Subpart P may be used for hydronic shoring if the manufacturers tabulated data is not available or cannot be used. 2. Option 2 — Design using pre -manufactured protective systems (shoring, shields, or other) and components must be prepared using the manufacturer's tabulated data. i. Deviations from the use of the manufacturer's specifications must be approved by the manufacturer. ii. Manufacturer's written approval to deviate from a specification must be on site during construction of the system. iii. After construction of the system, the written approval may be off site but must be available for inspection. 3. Option 3 — Design using other tabulated data, such as tables and charts, may be used to design support systems, shield systems, or other protective systems. i. There must be enough information to make an accurate selection of the protective system. ii. Identity of the Registered Professional Engineer who approved the data must be stamped on the data. iii. The tabulated data must be in written form, describing detailed information on its use and limitations. iv. Tabulated data must be at the job site during construction of the protective system. v. After construction of the protective system, the tabulated data may be kept off site but must be available for inspection. 139 4. Materials and equipment used for protective systems i. Must be free from damage or defects. ii. Must be maintained in good condition. iii. Must be inspected by a competent person and removed from use if determined unsafe. iv. If determined by a competent person to be unsafe, must be evaluated and approved by a registered professional engineer before being returned to service. 5. Installation and removal of supports. i. Members of the support system must be securely connected together. ii. Employees must be protected from cave-ins and other hazards during installation and removal. iii. Members of the support system may not be overloaded. iv. Precautions must be taken to prevent cave-in during removal of structural supports. Removal must start from the bottom. v. Observe structure for indications of failure during removal of support systems. vi. Backfill as removal of support systems progress. 6. Additional requirements for support systems for trench excavations. i. Removal of materials to a depth 2 feet below the bottom of the support system is permitted if: 1. The system is designed to resist loads at the full depth of the trench. 2. There are no indications of the possible collapse of soil from behind or below the bottom of the support system. ii. Support systems must be installed as the excavation of the trench proceeds. 7. Employees are not permitted to work on the faces of sloped or benched excavations above other employees, unless the employees at the lower level are protected from being struck by materials or equipment. 8. Shield systems (trench boxes) i. Systems should not be overloaded ii. Lateral or hazardous movement should be restricted. iii. Employees must be protected from cave-ins when entering and exiting the shield. 140 iv. Employees are not permitted in shields during installation, removal, or vertical movement. v. Employees may remain in shield during horizontal movement as long as the shield is not lifted in any way. vi. Removal of materials to a depth of 2 feet below the bottom of the support system is permitted if: 3. The system is designed to resist loads at the full depth of the trench. 4. There ,are no indications of possible collapse of soil from behind or below the bottom of the support system. Training A. Awareness training for employees will be conducted by Risk Management. B. Competent person training will be conducted or acquired as appropriate. C. Training shall be documented in the employees electronic personnel file. Section 15.11 Confined Space Entry Purpose To provide a means by which employees are protected from hazards associated with entering confined spaces and to develop procedures by which employees shall enter such spaces. This program has been designed to comply with Occupational Safety and Health Administration (OSHA) standard 29 CFR 1910.146, Permit -Required Confined Spaces, and Virginia Department of Labor and Industry standards. Policy All spaces owned or operated by the County that meet the definition of confined spaces shall be identified and appropriately marked, and access to such spaces shall be controlled. Employees are prohibited from entering any space meeting the definition of permit required confined space, unless the following conditions are met: A. The County determines that employees must enter permit required confined spaces to perform duties of the department. 141 B. The employees are trained in the duties under this policy which they are to perform. C. The space is rendered safe for entry by: 1. Issuance and compliance with the conditions of a permit; 2. The space is reclassified as a non -permit space; or 3. Alternate entry procedures are performed. Permits issued under the procedures in this policy shall be limited in duration to no longer than eight hours. Applicability This program applies to all departments that have employees who work in confined spaces. A confined space is a space that meets all three criteria: A. Is large enough that a person can bodily enter and perform assigned work. B. Has limited or restricted means for entry or exit. C. Is not designed for continuous human occupancy. Note: Spaces that are designed for human occupancy are typically provided with lighting, ventilation, and sufficient room to work. Examples of confined spaces in Isle of Wight County include: 1. Storage or water tanks 2. Sewers 3. Manholes 4. Pipelines 5. Tunnels 6. Excavations/trenches Definitions Confined Space Definitions A. Confined space - any space that is 1) large enough and so configured that an employee can bodily enter and perform assigned work, 2) has limited or restricted means for entry or exit, and 3) is not designed for continuous employee occupancy. 1. Confined spaces include, but are not limited to: storage tanks, pits, vats, vessels, sewer manholes, electrical manholes, vaults, pump or lift stations, septic tanks, boilers, pipelines, tunnels, ventilation and exhaust ducts, trenches, and excavations. 142 B. Non permit confined space - a confined space which after evaluation is unlikely to have potential hazards, or the hazards have been eliminated by engineering controls. C. Permit -required confined space - a confined space which after evaluation is found to contain actual or potential hazards which have not been eliminated by engineering controls. Written authorization for entry is required if the space has one or more of the following characteristics: 1. Contains or has a potential to contain a hazardous atmosphere; 2. Contains a material that has the potential for engulfing an entrant; 3. Has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross-section; or 4. Contains any other recognized serious safety or health hazard. Person Definitions A. Attendant - a designated individual stationed outside a permit space who monitors entrants and performs attendant's duties as assigned and required by this program. B. Authorized entrant - an employee who is authorized by the employer to enter a confined space. C. Entrant - any authorized employee who enters a confined space, including any part of the employees' body breaking the plane of any opening of the confined space. D. Entry Supervisor - the departmental person responsible for determining if acceptable entry conditions are present in a confined space where entry is planned, for authorizing and overseeing entry operations, and for terminating entry as required by this program. 1. An entry supervisor also may serve as an attendant or as an authorized entrant, as long as that person is trained and equipped as required by this section for each role he or she fills. Also, the duties of entry supervisor may be passed from one individual to another during the course of an entry operation. E. Rescue Team - those persons whom the employer has designated prior to any permit -required confined space entry to perform rescues from confined spaces, i.e. certified staff in the Department of Emergency Services or Volunteer Fire & EMS representatives. Hazard Definitions A. Engulfment - the surrounding and effective capture of a person by finely divided solids or a liquid substance that can be aspirated to cause death by 143 filling or plugging the respiratory system or that can exert enough force on the body to cause death by strangulation, constriction, or crushing. B. Hazardous Atmosphere - means an atmosphere that may expose employees to the risk of death, incapacitation, impairment of ability to self -rescue (that is, escape unaided from a permit space), injury, or acute illness from one or more of the following causes: 1. Flammable gas, vapor, or mist in excess of 1.0 percent of its lower flammable limit (LFL); 2. Airborne combustible dust at a concentration that meets or exceeds its LFL; NOTE: This concentration may be approximated as a condition in which the dust obscures vision at a distance of 5 feet (1.52 m) or less. 3. Atmospheric oxygen concentration below 19.5 percent or above 23.5 percent; 4. Atmospheric concentration of any substance for which a dose or a permissible exposure limit is published in Subpart G, Occupational Health and Environmental Control, or in Subpart Z, Toxic and Hazardous Substances, of this Part and which could result in employee exposure in excess of its dose or permissible exposure limit; NOTE: An atmospheric concentration of any substance that is not capable of causing death, incapacitation, impairment of ability to self -rescue, injury, or acute illness due to its health effects is not covered by this provision. 5. Any other atmospheric condition that is immediately dangerous to life or health (IDLH). C. Immediately dangerous to life or health (IDLH) - any condition that poses an immediate or delayed threat to life, or that would cause irreversible adverse health effects or that would interfere with an individual's ability to escape unaided from a confined space. D. LEL/LFL - lower explosive/flammable limit; the minimum concentration of vapor -in -air or vapor -in -oxygen below which propagation of flame does not occur on contact with a source of ignition. Expressed in terms of percentage by volume of gas or vapor in air. E. Oxygen deficient atmosphere - an atmosphere containing less than 19.5% oxygen by volume. 144 F. Oxygen enriched atmosphere - an atmosphere containing more than 23.5% oxygen by volume. G. PEL - permissible exposure limit; the allowable air contaminant level established by the Occupational Safety and Health Administration (OSHA). H. UEUUFL - upper explosive/flammable limit; the maximum proportion of vapor or gas in air above which flame propagation does not occur. Expressed in terms of percentage by volume of gas or vapor in air. Hazard Control Definitions A. Acceptable entry conditions - the conditions that must exist in a confined space to ensure that employees can safely enter and work within the space. B. Blanking or blinding - the absolute closure of a pipe, line, or duct by the fastening of a solid plate (such as a spectacle blind or a skillet blind) that completely covers the bore and that is capable of withstanding the maximum pressure of the pipe, line, or duct with no leakage beyond the plate. 1. A blank is designed as a flat plate between two flanges, typically inside the flange bolt pattern. The blank must be sized for full design pressure (maximum non -shock pressure rating) of the line. 2. A blind is designed as a bolted flat plate, which can be used to terminate a pipe line. C. Double block and bleed - the closure of a line, duct, or pipe by closing and locking or tagging two in-line valves and by opening and locking or tagging a drain or vent valve in the line between the two closed valves. D. Inerting - the displacement of the atmosphere in a confined space by a noncombustible gas (such as nitrogen) to such an extent that the resulting atmosphere is noncombustible. NOTE: This procedure produces an IDLH oxygen -deficient atmosphere that can only be entered using self-contained breathing apparatus (SCBA) and following permit -required confined space entry procedures. E. Isolation - the process by which an energy source is removed from service and completely protected against the release of energy and material into the space by such means as: blanking or blinding; misaligning or removing sections of lines, pipes, or ducts; a double block and bleed system; lockout or tagout of all sources of energy; or blocking or disconnecting all mechanical linkages. F. Line breaking - the intentional opening of a pipe, line, or duct that is or has been carrying flammable, corrosive, or toxic material, an inert gas, or any fluid at a volume, pressure, or temperature capable of causing injury. G. Local exhaust ventilation - a system used during welding, cutting or other similar operations in confined spaces as necessary to remove harmful gases, smoke and fumes. H. Lockout-tagout - placing locks or tags on the energy isolating device (e.g. breaker boxes, control switches, valves, etc.) to prevent the unauthorized re-energization of the device or circuit while work is being performed by personnel. Tags shall indicate that the energy isolated device must not be operated until the tag is removed by the individual(s) that installed the tag. Permit Definitions A. Alternate Entry Procedures- the use of continuous forced air ventilation and atmosphere monitoring in lieu of a permit to enter a permit required confined space that: 1. Has an actual or potential hazardous atmosphere that can be demonstrably controlled by continuous forced air ventilation alone; and 2. Has no other hazards of any kind. B. Emergency - any occurrence or event inside or outside of the confined space that could endanger entrants. C. Entry - the action by which a person passes through an opening into a permit -required confined space. Entry includes ensuing work activities in that space and is considered to have occurred as soon as any part of the entrant's body breaks the plane of an opening into the space. D. Entry permit (permit) - means the written or printed document that is provided by the employer to allow and control entry into a permit space and that contains the information specifically identified by this program. E. Prohibited Condition- any condition in a permit space that is not allowed by the permit during the period when entry is authorized. F. Testing - the process by which the hazards that may confront entrants to a confined space are identified and evaluated. Testing includes specifying the tests that are to be performed in the permit space. NOTE: Testing enables employers both to devise and implement adequate control measures for the protection of authorized entrants and to determine if acceptable entry conditions are present immediately prior to, and during, entry. Other Definitions 146 A. Ground fault circuit -interrupter - a device designed to disconnect an electric circuit when it seeks ground through a person or grounded object, thus preventing electric shock and fires. B. Hot work;p�ermit - the employer's written authorization to perform hotwork operations (e.g. welding, cutting, burning, or heating) capable of providing a source of ignition. C. Retrieval System - the equipment used for non -entry rescue of persons from confined spaces, and includes retrieval lines, chest or full body harness, and a lifting device or anchor. A retrieval line is primarily for use in vertical entry confined spaces, and must not be used in confined spaces consisting of horizontal tunnels or spaces where obstructions could increase the hazard to the entrant during emergency retrieval. D. Zero Mechanical State - the mechanical potential energy of all portions of the machine or equipment is set so that the opening of the pipe(s), tube(s), hose(s) or actuation of any valve, lever, or button will not produce a movement which could cause injury. Responsibilities A. The Risk Management Coordinator shall: 1. Provide awareness level training to employees working in or around confined spaces. 2. Assist supervisors in acquiring training for entrants, attendants and entry supervisors. 3. Maintain employee training certificates in the employee's personnel file for the duration of employment. 4. Conduct periodic onsite program inspections, including audit of entry procedures and review of competed confined space hazard assessment forms and/or entry permits. 5. Review the program annually for effectiveness and compliance with all regulations. B. Supervisors of employees who are required to enter an identified confined space shall: 1. Implement all provisions of the Confined Space Entry Plan for work areas under their control. 2. Identify each space under their control which meets the definition of confined space in accordance with 29 CFR 1910.146 (b) and maintain a written inventory of such spaces. 3. Evaluate each identified space or space class to determine if it is a permit required or non -permit required space using the Confine Space 147 Hazard Assessment form found in the Risk Management Forms Directory. Retain the Assessment form with the written inventory. i. For all spaces classified as non -permit required, the supervisor must certify on the Confined Space Hazard Assessment form the basis for determining that all hazards in the space have been eliminated. Certification must contain the date, location of the space and the signature of the person making the determination. 4. Maintain a written inventory of all identified confined spaces with designation of each as non -permit or permit required. 5. Update the inventory when necessary to incorporate newly acquired or identified confined spaces. 6. Provide access to the inventory list and entry designation to all affected managers, employees and the Risk Management Coordinator. 7. Select, appropriate employees as permit -required confined space "entry supervisors", entrants and attendants and ensure each attends an approved Confined Space Entry training course. 8. Provide site-specific training to authorized Confined Space entrants regarding the specific equipment and practices used during entry for the spaces each entrant is authorized to enter. 9. Provide operational control and maintenance of equipment within their respective departments. 10. Retain canceled Entry Permits for not less than one year following the date of entry and produce them, upon request, for inspection and audit. 11. Ensure testing instruments are calibrated and maintained in accordance with the manufacturer's specifications and maintain related records for one year. 12. Maintain calibration gases and test accessories to service all respective departmental monitoring instruments. 13. Ensure that warning signs are posted immediately outside of entrances to a Confined Spaces, and that such signs are secured. (Underground utility access vaults will not be posted. Employees will be informed of the Confined Space classification of these spaces during Confined Space training.) 14. Ensure entrances to confined spaces are locked when feasible. 15. Ensure that all personnel performing contractual work on County owned property comply with the requirements of the OSHA Standard IM 1910.146 by providing their own written program, equipment, and supervision of their employees. C. Entry Supervisors shall: 1. Adhere to all requirements of the Confined Space Entry Plan 2. Complete all safety training requirements, request further instruction if unclear on any part of the training and comply with documentation procedures; 3. Complete the Confined Space entry permit, found in the Risk Management Forms Directory, and verify that all precautions and pre - entry procedures have been fulfilled prior to entry into a permit required space; 4. Terminate entry and cancel permits in the event conditions within the space change, entrants show signs of over-exposure or conditions cannot be verified; 5. Verify the availability of a local rescue team prior to entry 6. Establishing the means for communication between entrants, attendants and emergency services dispatcher. 7. Assure that unauthorized people do not enter the Confined Space during the time that authorized entry is in progress. 8. Assure that appropriate personal protective equipment is available and used by entrants; 9. Assure that original entry permits are forwarded to the department supervisor upon completion or termination of a Permit -Required Confined Space entry. 10. Coordinate entry operations with outside contractors. Note: An entry supervisor also may serve as an attendant, or as an authorized entrant, as long as that person is trained and equipped to do so. The duties of entry supervisor may be passed from one individual to another during the course of an entry. D. Qualified Person(s) Each department may designate staff as a "Qualified Person(s)" to inspect non -routine spaces (spaces not on the inventory) and to authorize entry into same as outlined in this program. The department supervisor shall certify all "Qualified Person(s)" to the Director of their respective department with the Qualified Persons Certification form found in the Risk Management Forms Directory. The Director will forward a copy of the Qualified Persons Certification form to the Risk Management Coordinator. 149 Qualified Person(s) shall inspect confined spaces for compliance with the atmospheric reading contained in this program and complete a Confined Space Hazard Assessment form prior to any personnel entering this space. E. Authorized Entrant Personnel entering confined spaces must only do so after receiving appropriate training. Authorized entrants shall: i. Know the hazards that may be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure, 2. Properly use any equipment associated with the entry, including prescribed personal protective equipment and other controls as directed by the Entry Supervisor, 3. Communicate with the attendant as necessary to enable the attendant to monitor entrant status and to enable the attendant to alert entrants of the need to evacuate the space, and 4. Alert the attendant whenever warning signs or symptoms of exposure to a dangerous situation are recognized, a prohibited condition is recognized, and exit the space if indicated. F. Designated Attendant Personnel designated as "Attendant" by the Entry Supervisor shall: 1. Know the hazards that may be faced during entry, including, Z:I information on the mode, signs or symptoms, and consequences of the exposure, 2. Know the possible behavioral effects of hazard exposure in authorized entrants, 3. Continuously maintain an accurate count of authorized entrants in the space and ensure that the means used to identify authorized entrants accurately identifies who is in the space. 4. Remain outside the space during entry operations until relieved by another attendant. 5. Communicate with authorized entrants as necessary to monitor entrant status and to alert entrants of the need to evacuate the space. 6. Monitor activities inside and outside the space to determine if it is safe for entrants to remain in the space and order the authorized entrants to evacuate the space immediately under any of the following conditions: i. The attendant detects a prohibited condition; ii. The attendant detects behavioral effects of hazard exposure in the authorized entrants; iii. The attendant detects a situation outside the space that could endanger the authorized entrant; or, iv. The attendant cannot effectively and safely perform the requirements of this section. 150 7. Summon rescue and other emergency services as soon as the attendant determines that authorized entrants may need assistance to escape from permit space hazards. 8. Warn unauthorized persons to stay away from the confined space, advise the unauthorized persons that they must exit immediately if they have entered the space, and inform the authorized entrants and the entry supervisor if unauthorized persons have entered the space. 9. Perform non -entry rescues as specified herein. 10. Perform no other duties that might interfere with the attendant's primary duty to monitor and protect the authorized entrants. G. Employees All employees shall assume responsibility for their own safe working actions and be familiar with the requirements of this program and comply with the rule and requirements contained herein. H. Contractor(s) Contractor(s) must comply with all local, state and federal safety requirements and must assure that all employees performing work on Isle of Wight County property have their own written program, been suitably trained, are provided appropriate personal protective equipment, and supervision of their employees. Contractor(s) performing work in County owned confined spaces must coordinate their work with the contracting department, as appropriate. Program Requirements Departments are responsible to identify, evaluate, and classify as non -permit or permit required confined spaces in their work areas and develop written assessments and entry protocols. Hazards of each permit space shall also be indicated. Employees must be informed of such spaces in the work area by posting danger signs, or by other equally effective means. Departments are responsible for providing and applying appropriate signs in accordance with 29 CFR 1910.146(c) (2). Where departments decide that employees will not enter permit spaces, effective measures must be taken to prevent inadvertent and unauthorized entry. Unauthorized entry into a confined space is strictly prohibited due to the potential for death, incapacitation, injury or acute illness. Employees who work in the vicinity of, but who will not enter, confined spaces should attend Confined Space Awareness training. Departments with personnel who need to enter confined spaces for work- related activities must have a trained entry supervisor to oversee entry activities, including assessing the conditions of the space prior to entry, 151 performing air monitoring and ensuring appropriate hazard controls have been implemented and are effective. Personnel entering the confined space, or serving as an attendant must also attend Confined Space Entrant/Attendant/Supervisor level training. If the space has been classified as "permit -required", entry, assessment, and rescue services must be coordinated through the appropriate supervisor. Entry Procedures A. For All Entry Types During any confined space entry, all safety rules and procedures shall be followed. i. Smoking in a confined space is prohibited. 2. Any use of chemicals in a confined space must be pre -approved by the Supervisor and the SDS must be available at the work location. 3. Any hot work conducted in a confined space must be approved by the Supervisor in accordance with OSHA rules and regulations and a Hot - work Permit, found in the Risk Management Forms Directory, must be issued. 4. Adequate and approved lighting (appropriate for the conditions) shall be provided. 5. Personal protective equipment shall be provided to workers as necessary for safe entry. All PPE must be selected, used, and maintained in accordance with the Personal Protective Equipment Program. 6. All PPE must be approved by the Entry Supervisor. 7. Electrical equipment used in the confined space shall be appropriate for the hazard and meet the requirements of the National Electric Code. s. Any condition making it unsafe to remove an entrance cover must be eliminated before the cover is removed. 9. When the cover has been removed, the opening(s) shall be promptly guarded to prevent accidental falls into the opening and to prevent objects from falling into the opening. to. Appropriate vehicle and pedestrian barriers shall be used to protect workers. 11. Any atmosphere that is hazardous or conditionally unstable shall not be entered. The entry supervisor will cancel the permit until conditions improve. Pre Entry Duties 1. Determine date of entry, time, entry location and number. The entry supervisor obtains the descriptive identification of the space and reviews Confined Space Hazard Assessment Form on file for that space including the entry procedures indicated. 152 2. All hazards must be identified and the hazard effectively eliminated or controlled prior to entry. Hazards and controls must be identified on the assessment form. 3. Conduct initial atmospheric testing to determine current atmospheric condition. 4. Document any other recognized hazard that could result in accidental injury or occupational illness requiring treatment greater than first aid. 5. The entry supervisor must determine the appropriate entry procedure indicated by the Assessment Form. Entry will either be: i. Non -Permit Required (i.e. no hazards or hazards have been eliminated) - If all hazards can be controlled from outside of the space and there are no atmospheric hazards, entry may be conducted using the Confined Space Entry Procedure, ii. If the only uncontrolled hazard is either an actual or potential atmospheric hazard, entry may be conducted under the Forced Air Ventilation Entry Procedure, or iii. Permit -Required Confined Space - If all hazards have not been effectively eliminated or controlled, the entry supervisor must consult with the department supervisor prior to using the Permit Entry Procedure. 6. Notification of the selected rescue personnel shall be required for each permit required entry. B. For Non -Permit Entry This procedure is to be used only if all hazards identified in the confined space have been eliminated, isolated, or otherwise controlled so as not to expose entrants to additional risk. The departmental confined space entry supervisor must complete the Confined Space Hazard Assessment Form, prior to personnel entering the confined space. The Supervisor must recertify all hazards within the space have been eliminated or isolated prior to entry (i.e. the space is reclassified); and there may be no atmospheric hazard present in the space (or that will be created by the work to be performed). 2. Establish personal protective equipment and procedural requirements for entry. 3. Establish and maintain communication between entrants and personnel outside the confined space. Notify appropriate departmental personnel when entry begins (and when all personnel have exited the confined space). 153 4. Atmospheric testing must be conducted and results must be recorded on the Confined Space Hazard Assessment Form every half hour. 5. Should conditions arise that may affect the health or safety of personnel. inside the space, the space must be evacuated and the entry supervisor must reassess the confined space and reevaluate the entry procedure. 6. When work is completed and all personnel have exited the space, close out the entry on the Confined Space Hazard Assessment Form. The form must be retained by the department for one year following entry and made available to the Risk Management Coordinator for review. C. For Forced Air Ventilation — Reclassification Entry This procedure may only be used if an actual or potential atmospheric hazard is the only hazard within the space. General Requirements: . i. The forced air will be directed to the immediate vicinity of each employee within the space and must be provided until all employees exit the space. 2. The method and ventilation equipment selected will be determined based upon the size of the confined space, the size of the entrance into the space, the gases present within the space, and the source of make- up air. 3. If mechanical ventilation should fail during entry operations, all employees must immediately evacuate the space until ventilation is restored and retesting indicates acceptable entry conditions. 4. Ventilation systems and electrical tools and equipment used in flammable atmospheres must be explosion -proof and appropriately rated for the hazard. 5. There may be no hazardous atmosphere within the space whenever any employee is inside of the space. 6. If a hazardous atmosphere is detected during entry: i. Each employee must leave the space immediately; ii. The space must be evaluated to determine how the hazardous atmosphere developed; and, iii. Measures must be implemented to protect employees from the hazardous atmosphere before any subsequent entry takes place. Entry Procedure: 1. The departmental confined space entry supervisor must complete the Confined Space Hazard Assessment Form, prior to personnel entering 154 the confined space. The Supervisor must recertify all hazards within the space have been eliminated or isolated prior to entry (i.e. the space is reclassified); and there may be no atmospheric hazard present in the space (or that will be created by the work to be performed) not eliminated by ventilation. 2. Establish forced air ventilation to employee work area within the confined space. 3. Establish personal protective equipment and procedural requirements for entry. 4. Establish and maintain communication between entrants and personnel outside the confined space. Notify appropriate departmental personnel when entry begins and after all personnel have exited the confined space. 5. Make the initial evaluation information available to each entering employee prior to entry. 6. Continuous atmospheric testing must be performed. Results must be documented on the Confined Space Hazard Assessment Form every half hour. 7. When work is completed and all personnel have exited the space, close out the entry on the Confined Space Hazard Assessment Form. The form must be retained by the department for one year following entry and made available to the Risk Management Coordinator for review. D. For Permit Required Entry General Requirements: 1. Entry into permit -required confined spaces must be coordinated with the department supervisor. 2. An attendant must be posted at each entrance to the confined space. Attendants must perform duties as specified within the program. 3. The Entry Permit must be completed and posted at the entrance. It must be signed by the authorizing entry supervisor prior to anyone entering. Entrants must sign in/out throughout the shift. The permit must be dated and have an expiration time no longer than 8 hours. The entry will be terminated if a potential hazardous situation occurs which exceeds the conditions authorized on the permit. 4. Only trained/authorized/qualified personnel essential to the work will be permitted to enter a permit -required confined space. 5. Each individual entering a permit required confined space will have a safety or retrieval line attached to a chest harness, body harness or wristlets unless one of the conditions listed in i. or ii. below exist. The 155 other end of the line will be secured to an anchor point or lifting device outside the entry portal under the control of the attendant. The anchor point will not be secured to a motor vehicle in a manner that would pull the line out of the space if the vehicle moved. A retrieval line is not required if: i. A confined space has obstructions or turns that would prevent pull on the retrieval line from being transmitted to the entrant, or, ii. A confined space from which an employee being rescued with the retrieval system has projections which would injure the employee if forcefully contracted. Rescue: 1. Employees will conduct non -entry rescue only unless the employee is certified for entry rescue and is a member of the Recue Team. 2. If entry into an atmosphere that is actually or potentially immediately dangerous to life or health is deemed necessary, the Rescue Team must be either present, if permissible, or on stand-by. 3. Entry rescue will only be performed by Rescue Team personnel which are certified in confined space entry rescue. 4. An atmosphere supplied breathing apparatus will be used for entry rescues. Procedure: 1. Coordinate all permit -required entries with the department supervisor including rescue notification and response. 2. The departmental entry supervisor must complete the Entry Permit. 3. Conduct 'pre -entry atmospheric testing. This must be done within 15 minutes of entry. 4. Establish personal protective equipment and procedural requirements for entry. 5. Establish and maintain communication between entrants and personnel outside the confined space. Notify appropriate departmental personnel when entry begins and all personnel have exited the confined space. 6. Make the initial evaluation information and personal protective equipment and procedures available to entering employees prior to entry. 7. Continuous atmospheric testing must be performed. Results must be documented on the Entry Permit periodically (i.e. at least every half hour). 156 s. When work is completed and all personnel have exited the space, close out the entry on the Entry Permit. The form must be retained by the department for one year following entry and made available to the Risk Management Coordinator for review. Note: No permit shall be issued for a period longer than eight hours. Confined Space Rescue Entrants and attendants must have means of summoning emergency services anytime a confined space is entered. The preference would be for the attendant to have a cell phone to call 911 immediately. If the means of communication is departmental radio, the base station must be monitored at all times during entry and means of summoning rescue must be readily available. Permit -required confined space rescue services are provided by the Department of Emergency Services and the Volunteer Fire & EMS agencies located within the County. A. Self -Rescue Entrants recognizing problems, or responding to air monitoring alarms, and exiting the space immediately on their own is the first means of rescue that should be considered. Entrants should be familiar with signs and symptoms of oxygen deficiency, carbon monoxide and hydrogen sulfide exposure where continuous air monitoring is not required. At the first sign of trouble, the space must be evacuated. B. Non -Entry Rescue Where best practices have been implemented for vertical entry spaces, such as setting up a tripod and wench system and requiring the entrant to wear a full body harness attached to a lifeline, the attendant will immediately notify the appropriate base operator that a confined space emergency has occurred. Attendant and the base operator shall contact emergency services by calling 911 immediately. Once the call has been made, the attendant may begin rescue procedures. Under no circumstances will the attendant enter the confined space. C. Entry Rescue - Non -Permit Non -permit rescue services are provided for extrication by staff only if they can be performed from the exterior of the confined space, provided that all hazards have been eliminated or isolated. D. Entry Rescue - Permit -Required During the initial assessment of the space, if it is determined to be a permit -required space, the entry supervisor must contact the department supervisor for coordination of rescue services. In general, if a space cannot be declassified to allow safe entry, the space should not be 157 entered. If there is a condition in a confined space that is immediately dangerous to life or health, permit rescue services must be on-site during the entry and be prepared to respond to all known conditions of the confined space. Otherwise, during permit entry, the rescue services must be notified that a permit entry is being conducted, but may not need to be on-site for entry. Confined Spaces Training A. General i. Training shall be adequate to ensure that employees acquire the understanding, knowledge, and skills necessary for the safe performance of assigned duties. 2. Training shall be provided to each affected employee: L Before being assigned duties under this program, ii. whenever there is a change in assigned duties, iii. whenever there is a change in permit space operations that present a hazard about which an employee has not been previously trained, iv. Whenever there is reason to believe that employees are deviating from established permit spaced entry procedures or that there are inadequacies in the employee's knowledge or use of this program. 3. Training shall establish employee proficiency in assigned duties, and shall introduce new or revised procedures, as necessary. 4. The employer shall certify that the required training has been accomplished. The certification shall contain each employee's name, the signatures of the trainers, and the dates of the training. All training records will be retained in the personnel file in the Department of Human Resources. 5. Refresher training must be attended at least every three years. B. Awareness Persons that work around, but not in, confined spaces must receive awareness level training, which includes such topics as: i. Definition and identification of confined spaces, 2. Hazards associated with confined spaces, 3. Authorized entry criteria, and 4. Basic requirements of this program. HE C. Entrant/Attendant/Supervisor Personnel who enter confined spaces must attend entrant level training that includes: i. Awareness training as described above, 2. Hazardous atmosphere recognition and use of atmospheric testing devices, including information on the mode, signs, symptoms, and consequences of exposure, 3. The use of personal protective equipment including rescue harnesses, respiratory protection, etc., 4. Entry conditions and related precautions, 5. First aid and CPR training for designated attendants and rescue personnel, 6. Space classification and reclassification criteria, 7. Recognition of warning signs, symptoms of exposure and detection of prohibited conditions, 8. Evacuation requirements, 9. Emergency and non -entry rescue methods, and procedures for calling rescue services, and 10. Specific responsibilities and duties for each role (entrant, attendant, supervisor). Section 15.12 Bloodborne Pathogens Exposure Control Policy Purpose Isle of Wight County has established this exposure -control policy, in accordance with OSHA standard 29 CFR 1910.1030, for all employees who handle, store, use, process or dispose of potentially infected blood and blood products. This policy includes requirements for personal protective equipment, housekeeping procedures, training, exposure reporting and recordkeeping. Responsibilities The Risk Management Coordinator will: 1. Manage the bloodborne pathogens exposure control program and maintain all related records for all covered county employees with the exception of the Emergency Services Department. 2. Provide guidance and support to the Emergency Services Department in the area of bloodborne pathogens exposure control when requested. 159 3. Ensure proper adherence to the program through periodic audits. The exposure -control plan will be reviewed and updated at least annually. The Emergency Services Department will manage the bloodborne pathogens exposure control program for the Emergency Service division and maintain all related records. Definitions Biological Hazard: Any viable infectious agent that presents a potential risk to human health. Bloodborne Pathogens: Microorganisms that can cause diseases such as human immunodeficiency virus (HIV) and hepatitis B (HBV), which are spread through contact with infected blood or blood products. Exposure Incident: A specific eye, mouth, other mucus membrane, non -intact skin, or parenteral contact with blood, body fluids or other potentially infectious material; inhalation of airborne pathogens; or ingestion of foodborne pathogens or toxins. Medical Wastesflnfectious Wastes: Blood, blood products, bodily fluids, any waste from human and animal tissues; tissue and cell cultures; human or animal body parts removed by means of surgery or autopsy. Universal Precautions: Preventing exposure to bloodborne pathogens by assuming all blood and bodily fluids to be potentially infectious, and taking appropriate protective measures. Training Isle of Wight County will provide training on bloodborne pathogens exposure control to any employee whose assigned job duties require them to be in an environment where they are likely to come into contact with bodily fluids. All employees in affected jobs will receive training upon hiring, and yearly thereafter. The training will include: 1. County policy; 2. Types and transmission of bloodborne pathogens; 3. General safety rules; 4. Universal precautions; 5. Use of personal protective equipment (PPE); 6. Post -exposure treatment procedures General Work Procedures 160 Employees must follow these procedures for controlling exposure to bloodborne pathogens: 1. Supervisors must ensure that their employees are trained in proper work practices, universal precautions, the use of personal protective equipment, and proper cleanup and disposal techniques. 2. Do not eat, drink, smoke., handle contact lenses or apply cosmetics in areas where exposure to bloodborne pathogens is possible. Do not store food and drinks in refrigerators or cabinets where blood and other potentially infectious materials are stored. 3. Wear disposable latex or vinyl gloves when: i. you have cuts, abrasions, chapped hands, dermatitis or similar conditions; ii. you are exposed to blood, blood products or body secretions. 4. Wear gowns, aprons or coveralls whenever there is a possibility that bodily fluids could splash on an employee. 5. Perform procedures involving blood and other potentially infectious materials in such a manner that will minimize splashing or spraying. 6. Wear protective clothing if entering a work area where potentially infectious materials are handled. 7. Wash your hands as soon as possible after handling potentially infectious materials, and after removing protective clothing and equipment. 8.. Remove all protective equipment when leaving the work area and, if the equipment is contaminated, place it in a proper storage container for washing, decontamination or disposal. 9. Remove contaminated clothing before entering other areas of the building or leaving the building. Hepatitis B (HBV) Vaccinations Isle of Wight County will provide, at its own expense, hepatitis B vaccinations to employees covered under this program and who choose to be vaccinated. The company will document that it offered the vaccine, as well as the employees' decision to accept or decline the vaccination using the Hepatitis B Declination form found in the Risk Management Forms Directory. Reporting In the event of a suspected exposure (see definition of Exposure Incident) employees must report the incident immediately to their supervisor, in accordance with their departmental exposure control plan and to worker's compensation in accordance with the injury reporting policy, Chapter 1, Article VI, Section6.6. An employee who has been exposed on the job to HIV, HAV, HBV or HCV should seek immediate medical attention and be tested at the time of exposure to determine if the virus has been transmitted. All testing will be performed at County's expense. Test results will be provided to exposed employees within five business days of their receipt. Confidentiality will be maintained for the exposed employee during all phases of the post -exposure program. Recordkeeping The Risk Management Coordinator will maintain all exposure reports, training and HBV vaccination records. OSHA requires that records be kept for the duration of employment, plus 30 years, except training records which must be kept for 3 years. Hepatitis B or HIV contracted on the job will be recorded on the OSHA 300 log as an illness. Exposure to bloodborne pathogens from contact with 'sharps' will be recorded on the OSHA 300 log if a doctor prescribes treatment with gamma globulin, HBV immune globulin or HBV vaccine. Exposure Determination The following job classifications and employees of Isle of Wight County are covered by OSHA's Bloodborne Pathogens Standard: Emergency Services Department 1. Chief of Fire & Rescue 2. Fire & EMS Captain 3. Fire & EMS Lieutenant 4. Fire Medic 11 5. Fire Medic 1 6. EMT Paramedic/Intermediate Public Utilities Department 1. Utility Systems Supervisor 2. Utility Systems Mechanic 3. Pump Station Mechanic 4. Utility Systems Worker 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. Tony Wilson, Public Works Administrator, presented a Resolution to Revise and Amend Chapter 4: Fleet and Equipment Management, Article 1, Vehicle Use, Sections 1.0, 1.2, 1.3, 1.4, 1.5 and 1.6, and Article 11, Driving Standards, Section 2.0 and 2.1 and Article V, Use of County Equipment, Sections 5.0 and 5.2, and Amend and Readopt Article IV, Vehicle and Equipment Ra Maintenance and Replacement, and Remove Article VI, Use of County Buses by Non-affiliated Organizations of the County Policy Manual for the Board's consideration. Chairman Aiphin moved that the following Resolution be adopted: RESOLUTION TO REVISE AND AMEND CHAPTER 4: FLEET AND EQUIPMENT MANAGEMENT, ARTICLE I, VEHICLE USE, SECTIONS 1.0, 1.2, 1.3, 1.4, 1.5 AND 1.6, AND ARTICLE II, DRIVING STANDARDS, SECTION 2.0 and 2.1 AND ARTICLE V, USE OF COUNTY EQUIPMENT, SECTIONS 5.0 AND 5.2, AND AMEND AND READOPT ARTICLE IV, VEHICLE AND EQUIPMENT MAINTENANCE AND REPLACEMENT, AND REMOVE ARTICLE VI, USE OF COUNTY BUSES BY NON-AFFILIATED ORGANIZATIONS OF THE COUNTY POLICY MANUAL WHEREAS, the County has established guidelines regarding Fleet and Equipment Maintenance under Chapter 4 Fleet and Equipment Management: Article I, Section 1.0, 1.2, 1.3, 1.4, 1.5 and 1.6, Article II, Section 2.0 and 2. 1, Article IV, Article V, Sections 5.0 and 5.2; and Article 6; and WHEREAS, the Board of Supervisors desires to revise and amend Chapter 4: Fleet and Equipment Management, Article I, Section 1.0, 1.2, 1.3, 1.4, 1.5 and 1.6, Article II, Section 2.0 and 2.1, and Article V, Sections 5.0 and 5.2 of the Policy Manual to clarify and update the guidelines regarding Vehicle Use, Driving Standards and Use of County Equipment; and WHEREAS, the Board of Supervisors desires to amend and re -adopt Chapter 4: Fleet and Equipment Maintenance, Article IV, Vehicle and Equipment Maintenance and Replacement; and WHEREAS, the Board of Supervisors desires to remove Chapter 4: Fleet and Equipment Maintenance, Article 6, Driving Standards and Use of County Buses by Non -Affiliated Organizations. NOW, THEREFORE, BE IT RESOLVED that Chapter 4: Fleet and Equipment Maintenance, Article I, Section 1.0, 1.2, 1.3, 1.4, 1.5 and 1.6, Article II, Section 2.0 and 2.1, and Article V, Sections 5.0 and 5.2 of the Policy Manual is hereby revised and amended as follows: Chapter 4: Fleet and Equipment Mainto.,ane ARTICLE I Vehicle Use (Adopted July 17, 2003; Revised October 16, 2003, October 4, 2007, April 3, 2008, July 1, 2008, May 21, 2009, September 17, 2015) 163 Section 1.0 (Revised September 17, 2015) Applicability County employees, official appointees of the Board of Supervisors, members of the Board of Supervisors, Constitutional Officer's staff that adhere to the County's policies, volunteers, and all others who are required to adhere to the County's policies shall be governed by this policy. The members of Beai-A E)f S . A Genstitutional Officers and their- staffs will use d+i-s. pelie), as—a—guide when operating County vehieles. Constitutional Officers and their staff that are not required to adhere to the County's policies, along with the Registrar, will use the County's policy as a guide relative to vehicle use. For the purposes of this Policy, the phrase "county employee and volunteer" is intended to include all persons referenced in paragraph 1 of this section. This policy shall apply to all users of County vehicles unless otherwise provided by the Board of Supervisors. Exceptions may only be granted on a case by case basis by the County Administrator or his/her designee after a request from the Department Head, Constitutional Officer, Agency Head or County Attorney. Section 1.2 (Revised September 17, 2015) Authorized Use The following examples are an attempt to cover most circumstances or conditions of use and should not be considered all inclusive: a. Official Use - County vehicles are authorized "For Official Use Only." Such vehicles are to be utilized to perform the functions and to conduct the operations and programs of the Department or Agency which is using the vehicle. County vehicles may be utilized both within and outside of the County for official use. b. Transport of Unofficial Parties - When such official use includes the transport of unofficial parties, such transport must first be approved by the employee/operator's supervisor. c. Private Vehicle Reimbursement - Employees may be reimbursed for the use of their private vehicle when such vehicle is used in the conduct of County business; such reimbursement shall be made in compliance with the County's T -Fa el r,,,liey Chapter 7, Miscellaneous, Article I, Travel, Section 1.9. 164 d. Volunteers - Properly licensed volunteer workers may operate County vehicles while acting within the scope of their duties with the prior written approval of the appropriate Department Head. e. Proper Licensing - Employees and authorized volunteers must have a valid, properly classified operator's or commercial driver's license as described in Chapter 4, Fleet, Article Il, Driving Standards, Chapter- in order to operate a County vehicle. Section 1.3 (Revised September 17, 2015) Guidelines for Appropriate Use The following examples are an attempt to cover most circumstances or conditions of use and should not be considered all inclusive: a. Personal Use - County vehicles may not be utilized for personal purposes or for transportation for meals unless for official County business. Exceptions include those employees who, while conducting County business, are away from their normal place of work at meal time, or those employees with an assigned County vehicle where such vehicle is the most reasonable mode of transportation available at meal time. b. Drive Home Policy - The employee is responsible for providing his/her own means of transportation for travel to and from work. At the end of the normal workday, all County vehicles and equipment shall remain at designated County parking facilities. Exceptions to this policy are as follows: 1. Pool Vehicles - Employees, with prior approval as specified in the following paragraphs, may take County pool vehicles home overnight when travel from the employee's home to a destination for official County business is the most direct and/or closest route, (for example, early morning travel to a conference). (The definition of what vehicles are County pool vehicles is found in Section 1.15 herein). An employee must obtain written authorization from his/her Department Head before taking a County pool vehicle home overnight. 2. Assigned Vehicles — Authorization for an employee to use an assigned County vehicle for transportation to and from an employee's residence will be considered for approval by the County Administrator or his/her designee upon receipt of a written request from the respective Department Head or Agency Head. Such written request must be based on the overall functionality of 165 the Department or Agency's operations, and include: the name/title of each employee for whom authorization is requested, the frequency that the assigned vehicle will be used for transportation to and from work, location of employee's home, and narrative providing justification for the request (to include whether the employee is on an established, rotating "on call" schedule and is regularly called to perform emergency repairs or provide other emergency response after normal working hours.) Requests for employees residing outside of the County will be considered. Authorization for a Department or Agency Head to use an assigned County vehicle for transportation to and from his/her residence will be considered for approval by the County Administrator or his/her designee upon receipt of a written request. Such written request must provide sufficient information which supports the justification of such use, as outlined above. c. Seatbelts - All operators of County vehicles and all passengers therein shall properly use seat belts (if the vehicle is equipped with seat belts). d. Prohibition of Alcohol and Illegal Substances - It is absolutely prohibited for County -owned vehicles to be utilized if the operator is impaired by, or under the influence of alcohol, intoxicants, drugs, or illegal substances. The possession or consumption of alcohol, intoxicants, or illegal drugs while using County vehicles for transportation is also prohibited. e. Rendering Assistance - County vehicles may not be used to pull or push any other vehicle. It is permissible to render assistance in case of accidents or other emergencies and to transport unofficial parties in such cases. f. Motor Vehicle Laws - County vehicles are not to be driven in violation of the motor vehicle laws of Virginia. All citations are to be reported immediately to the employee's supervisor and may be grounds for suspension or revocation of the employee's driving privileges. Section 1.4 (Revised September 17, 201 S) Accidents a. Driving Practices - Operators should practice "defensive driving" and anticipate and observe the actions of other drivers and control their own vehicle in such a manner so as to avoid an accident involvement. .: NOW"Ab MI. - F1 F =Jim". r'-! r- r -.z COW "Is-ef—PIM-Mr. I.Timpraffff wilm"' z 167 fir -e, reseue, E)r- poliee and taking fneasur-es to prevent other- vehieles € ofn beeeming- involved in the aeeidefrt.Whe-x t 4e seene of an ..:, ent the a, -;.,o,- should ensure that the .,Melo is afke.l in a safe l., .,t:.,,, so as of t interfere with t -affi. m., .. -_. _.... __ .. .. . .- .. --- m., b. Rendering Assistance - Upon reaching the scene of an accident, the operator of a County vehicle is authorized to render such assistance as he or she can by caring for the injured first, calling or sending for the fire, rescue, or law enforcement personnel and taking measures to prevent other vehicles from becoming involved in the accident. When stopping at the scene of an accident, the driver should ensure that the vehicle is parked in a safe location so as not to interfere with traffic. c. Accident Involving County Vehicle - In the event an accident should occur involving a County -owned vehicle, the following procedures should be followed: Vehicle Operator Responsibilities: 1. Call for an ambulance for anyone seriously injured. (Dial 911 in most areas.) When calling from a mobile phone, the caller should remain near the scene of the accident until emergency personnel arrive. 2. Notify the Sheriff's Office, State Police, or other law enforcement official of the accident in all instances. The driver is required to immediately give notice of the accident by the quickest means of communication to a State Trooper, Sheriff, or other law enforcement official if the accident resulted in injury to or death of any person. 3. The accident shall be reported to the driver's immediate supervisor as soon as reasonably possible after the accident; while at the scene when possible. 4. At the scene, County vehicle operators and employee passengers, if any, should NOT ADMIT RESPONSIBILITY and should make no statement concerning the accident except to law enforcement officers investigating the accident, until they have reported the accident to their immediate supervisor. The Operator may inform the other driver of the name of the County's insurance carrier and policy number which may be found on the insurance card located in the vehicle's glove compartment. 169 5. Get the names, phone numbers, and addresses of all persons in the other vehicle(s), the names, phone numbers and addresses of any witnesses, the driver's license data of other operators, the license number of other vehicle(s) and the name of the insurance carrier for other vehicle(s) involved. 6. Complete the data on the insurance accident card located in the glove compartment of the vehicle and turn it in to their supervisor. The operator should make every effort to take photographs of the scene and damage to the vehicles involved. 7. Should there be a need for towing services, passenger vehicles under the Vehicle Management Control Center (VMCC) program shall call the 24-hour hotline at (866)857-6866 for roadside assistance. All vehicles and equipment not under the VMCC program shall call a local towing company. 8. If there are no injuries involved in the accident, the driver may still be required to file a report with the Division of Motor Vehicles as to the extent of the property damage involved. The driver is responsible for contacting the Division of Motor Vehicles within five (5) days of the accident to determine if a report will be required. Supervisor Responsibilities: 1. Supervisors shall conduct an accident investigation and complete the Supervisor's Accident/Incident Investigation Report Form in accordance with Chapter 1, Personnel, Article VX of the County Policy Manual. Investigation should take place at the scene of the accident when practical. 2. Supervisors shall forward the Accident/Incident Investigation Report Form, the insurance accident card and photographs to the Department Head for Review. 3. The Department Head shall review all accident investigation documentation and forward to the Department of Budget & Finance Accounting Manager, Department of Human Resources Risk Management Coordinator, and the Department of General Services within twenty-four (24) hours of the accident or the Monday following an accident that occurs on a weekend. d. Accident Review The Risk Management Coordinator shall be responsible for the review of events surrounding accidents involving County owned vehicles/equipment. As a result of the review, findings may be made as 170 to whether an accident was "Preventable" or "Not Preventable" and recommendations may be made for procedures to put in place to prevent future similar accidents. The findings and recommendations will be presented to the County Administrator for review and action, if necessary. Any corrective actions of an administrative or disciplinary nature resulting from the findings of the accident review process may be considered and administered by the County Administrator or the appropriate Department or Agency Head. Should disciplinary action be necessary, the employee has the right to appeal in accordance with Chapter 1, Article VIII of the County Personnel Policies and Procedures Manual. Section 1.5 (Revised September 17, 2015) Miscellaneous a. Monitoring Vehicle Use - The County Administrator or Department Head or Agency Heads shall carefully monitor and take necessary action to preclude operations that are contrary to the policies and procedures herein. b. Citizen Complaints - Complaints regarding the use or operation of County vehicles shall be directed to the Risk Management Coordinator and the Director Dent of Human Resources. The Risk Management Coordinator and the Director of Human Resources LIP -On reee P�—the appropriate Department Head or- Agency Head -shall coordinate with the appropriate Department Head or Agency Head to investigate the complaint and report to the County Administrator the results of the investigation and any corrective actions regarding the eemplaint or recommended employee disciplinary action. T e County—Adiniaistratef's Of iee shall report the results of 4-S investigation to the Human Reseufees Department The Risk Management Coordinator shall maintain any files related to the citizen complaint for the purposes of record retention. c. Supervisory Responsibilities - Department Heads and Agency Heads shall ensure that before their employees and volunteers are permitted to operate a County vehicle, drivers are properly trained in its use; in procedures to be followed should they be involved in an accident with a County vehicle; in the procedures for refueling vehicles with the automated card system; in basic maintenance responsibilities of the operator (checking tires, oil level, lights, etc.) and in preventive maintenance services as defined in Article IV, Fleet Management. In addition, each authorized driver, whether a full time County employee or volunteer worker, will be fully briefed on County and departmental 171 personnel policies pertaining to operator negligence and damage to County property. d. Emergency Repairs - Should emergency repairs (i.e. flat tire) be necessary while a County vehicle is within the County, the driver shall notify his/her immediate supervisor and/or the Department of General Services to have the required towing and/or repairs performed. For more information, refer to Article IV, Fleet Management, Section 4.3, Maintenance and Care of Vehicles and Equipment, 3. Repairs. e. Vehicle Security - Security of a County vehicle is the operator's responsibility. Unattended County vehicles will be locked at all times. Operators may be responsible for loss of County property from an unsecured County vehicle. f. Prohibition of Smoking Eating, Drinking and Wireless Device Use - Smoking and/or the use of tobacco products is not permitted in County vehicles. Additionally, eating, and drinking while operating a County vehicle is prohibited. The use of County wireless devices (including mobile phones) while operating a vehicle is prohibited. Operators shall pull the vehicle off the main traffic lanes or utilize "hands-free" devices in the event the operator needs to use a wireless device. g. Taxation on Personal Use - Employees authorized to use a County vehicle for personal transportation to and from the employee's residence will be subject to the regulations of the Internal Revenue Service and taxed accordingly. h. Vehicle Identification - All service vehicles utilized by County departments will be identified with the official logo, departmental designation, and color scheme as designated by the County Administrator. Pool Vehicles - All vehicles that are housed- at the CouTtl}ouse Complex and are not assigned to a Department/Agency for a specific purpose will be considered Pool Vehicles and are available for use by all County Departments/Agencies., ex pt for these empleyees with R�o,l vehieles. Maintenance of terse Pool Vehicles will be the responsibility of the Department of General Services. For Pool Vehicle check out and protocol, contact the Department of General Services at (757)365-1658. All County pool yehieles should be reserved at least one (1) d tom -to be -done in the following m 172 Rim ----------- - j. Toll Charges - Toll charges incurred during travel in a County vehicle are the responsibility of the Department/Agency. k. Loss of Keys - It is the responsibility of the Department/Agency assigned to the vehicle to cover all costs associated with keys being lost, stolen or locked -in a County vehicle. This includes all Pool Vehicles and includes costs such as, duplicate keys, locksmith services, or damage to the vehicle resulting from forced entry by a County employee. Section 1.6 (Revised September 17, 201 S) Violations The County ^ a,, finis*r^*^r'^ Office Department of Human Resources will review all violations of this policy. Violations may result in the employee's or volunteer's loss of County driving privileges and/or loss of the Department's vehicle allocation. ARTICLE I1 Driving Standards (Created April 3, 2008 as a separate Article originally part of Article 1, Revised September 17, 2015) 173 Section 2.0 (Revised September 17, 2015) Applicability The requirements of this policy are applicable to all individuals requiring authorization to routinely or occasionally drive County vehicles. To ensure the safety of the employees and the citizens, individuals who drive on behalf of the County must have an acceptable driving transcript. Driver Licensing Department Heads/Agency Heads are responsible for ensuring that their employees are properly licensed and trained to operate County vehicles. A valid driver's license eEegnized- by the Gemmnofiwealth of N4,,X ^i ^ is required to operate County vehicles. The basic license requirements for passenger vehicles apply, as do the following additional requirements for heavy vehicles and equipment operated on the highway: Those persons required to operate or maintain a vehicle weighing 26,001 pounds or more, gross vehicle weight rating (GVWR); or designed to carry 16 or more passengers, including the driver; or used to transport hazardous materials required to be placarded by federal law, must have a Commercial Motor Driver's License (CDL). Section 2.1 (Revised September 17, 2015) Driving Records A valid drivers license r -e ,aobn���� by the Commonwealth of Vi inia for the appropriate class of vehicle or equipment which will be operated is required if such vehicle or equipment operation is specifically required in the job description. During the hiring and volunteer selection process, the County will make a conditional offer of employment to those job applicants, and will conditionally approve those prospective volunteers, who will be required to operate a County vehicle as a bona fide occupational or volunteer qualification for the position for which the job applicant or volunteer is applying. The prospective employee or volunteer shall secure a copy of their current (less than thirty (30) days old) Department of Motor Vehicle (DMV) driving record at the prospective employee's or volunteer's own expense and shall provide the record to the hiring or volunteer supervisor. The supervisor will forward the DMV record of the prospective employee or volunteer to the Department of Human Resources DepaF*ma^* (to be maintained in the applicant's folder). Prior to a Volunteer, with the exception of Fire and Rescue Volunteers, being required to operate a County vehicle, he/she must undergo a verification of valid driving license status, as well as review for adherence to County 174 Driving Standards as outlined within the policy. This verification is to be conducted by the Department Director of the department in which the volunteer is volunteering, in conjunction with the Human Resources Department as needed. Fire and Rescue Volunteers operating County vehicles will be subject to, the terms outlined in the executed Vehicle Use Agreement due to the unique driving requirements associated with such volunteer assignments. No final acceptance of a prospective volunteer or final offer of employment will be extended unless and until the Department of Human Resources receives an acceptable and current DMV driving record as specified in this policy. Conditional de sHal, not be delayed a t the failure � hiring,..7 b qtr The County at its sole discretion may withdraw a conditional offer of employment due to the failure of a job applicant to provide their DMV driving record, or if the DMV driving record does not prove valid licensure or acceptable driving standard as required herein. ARTICLE V Use of County Equipment (Adopted November 4, 2004; Revised September 17, 2015) Section 5.0 Applicability County employees, appointees of the Board of Supervisors, members of the Board of Supervisors, Constitutional Officers' staff that adhere to the County's policies, volunteers, and all others who are required to adhere to the County's policies shall be governed by this policy when utilizing County owned equipment. Constitutional Officers and their staff not required to adhere to the County's policies, along with the Registrar, will use the County's policy as a guide relative to the use of County equipment. T1e staffs will use this paliey as a guide. Exceptions may only be granted on a case by case basis by the County Administrator or his/her designee after a request from the Department/Agency Head. Section 5.1 Authorized Use 175 The following examples are an attempt to cover most circumstances or conditions of use and should not be considered all inclusive: a. Official Use - County -owned equipment is authorized "For Official Use Only." Such equipment is to be utilized to perform the functions and to conduct the operations and programs of the Department or Agency which is using the equipment. County equipment may be utilized both within and outside of the County for official use. b. Volunteers - Volunteer workers may operate County -owned equipment while acting within the scope of their duties with the prior written approval of the appropriate Department/Agency Head. Section 5.2 Unauthorized Use The following examples are an attempt to cover most circumstances or conditions of use and should not be considered all inclusive: a. Personal Use - County -owned equipment may not be utilized for personal purposes. At the end of the normal workday, all County - owned equipment shall remain at designated County facilities, unless the employee will be working away from a County facility and requires the use of assigned County -owned equipment. b. Prohibition of Alcohol and Illegal Substances - It is absolutely prohibited for County -owned equipment to be utilized if the operator is impaired by, or under the influence of alcohol, intoxicants, drugs, or illegal substances. c. Notification - It is the volunteer or employee's responsibility to notify the appropriate Department Head, Agency Head or County Administrator of any condition or situation (medical or otherwise) which would impede his/her ability to operate County equipment. The County reserves the right to revoke the volunteer or employee's authorization to operate County equipment should such situations or conditions warrant. BE IT FUTHER RESOLVED THAT, the Board of Supervisors hereby amended and re -adopted Chapter 4: Fleet and Equipment Maintenance, Article IV as follows: ARTICLE IV Vehiele and Equipment IM-ainteenance and Fleet Management (Adopted April 15, 2004, Revised September 17, 2015) 176 Section 4.0 Applicability County employees, official appointees of the Board of Supervisors, members of the Board of Supervisors, Constitutional Officers' staff that adhere to the County's policies, volunteers, and all others who are required to adhere to the County's policies shall be governed by this policy. The r,o., ber-s of the BoardofSuper-visor-s—and Constitutional Offfieers--and t#,&if a ta€€sConstitutional Officers and their staff not required to adhere to the County policies, along with the Registrar, will use this policy as a guide relative to vehiele and equipment tonanse and--Fepl-aeementfleet management. This t.o.ieJ ms..µ.l apply to all County o yehieles unless : theme ise provided by the Board of Supervisors Exceptions may only be granted on a case-by-case basis by the County Administrator or his/her designee after a request from the Department Head, Constitutional Officer, Agency Head or County Attorney. ._ - - , - UM :�rss�:erei� - 177 177 . ._ .. mi -'m W-1 u rA; . MAN . ._ .. mi -'m W-1 u rA; . 178 �- - - .. _ -........- _ - ' _ _p"P. I W 0014_ �- - - - - - - 179 Requests far- four- wheel -dri=es=elrieles may be-app=o, ed=whence eampe need ., be de st,-.,tort Section 4.1 Defined Terms DGS -Isle of Wight County's Department of General Services Equipment is defined as any vehicle requiring a valid Commercial Driver's License (i.e. roll -off trucks, knuckle boom, school buses, dump trucks); or heavy equipment (i.e. back hoes, excavators, tractors, front end loader, etc.) Fleet refers to both Vehicles and Equipment, as defined herein. Pool Vehicles are defined as vehicles that are not assigned directly to a Department/Agency for a specific purpose and are available for use by all County Departments/Agencies. Vehicle is defined as a passenger vehicle that carries up to 15 passengers. Vehicle Management Control Center (VMCC) Program is a state scheduling and tracking system for vehicle repairs, preventative maintenance, fuel consumption, mileage, inventory, etc. This program is for County vehicles using gasoline (unleaded) fuel only and requires the vehicles in this program to use the state fuel card system (Voyager F'uel Card). Voyager Fuel Card System is a card based system used for fueling gasoline (unleaded) vehicles. Transportation Liaison is the person designated by a Department/Agency Head to internally manage their vehicles and equipment. Section 4.2 Roles and Responsibilities County Administrator (CA) shall have ultimate authority over all decisions concerning fleet management. General Services Director, or designee, shall -be responsible for the enforcement of all policies and procedures concerning fleet management (i.e. assignments, utilization, maintenance, repairs, and fuel). The Director will also be responsible for providing an annual operating budget recommendation to the committee for additional/replacement fleet and Department/Agency fuel, maintenance and repair budgets. All Pool Vehicle services will be the responsibility of the Department of General Services. Department/Agency Heads shall monitor and enforce all policies and procedures within their respective Department/Agency. Provide annual 180 reporting to the Director of General Services in accordance with Section 4.8 for preparation of the annual operating budget. Transportation Liaison shall coordinate all maintenance and repairs for assigned vehicles with the VMCC, manage the state fuel card program (Voyager), ensure all payments are promptly submitted for payment and provide necessary reporting to the Department of General Services. Section 4.3 Maintenance and Care of Vehicles and Equipment Each Department/Agency shall assign a Transportation Liaison, to be responsible for monitoring and controlling the routine maintenance and repairs for fleet assigned to their Department/Agency. • For Vehicles using GASOLINE: The Department/Agency Head shall advise their drivers or their designated Transportation Liaison to contact the Vehicle Management Control Center (VMCC) for all servicing, repairs, breakdowns, and accidents. • For Equipment and Vehicles using DIESEL: The Department/Agency shall maintain them in accordance with vehicle/equipment specific preventive maintenance schedules. Department and/ or Agencies may contact the DGS for assistance in developing internal policies and procedures. a. Routine Maintenance: The DGS recommends the Department/Agency Transportation Liaison and/or assigned drivers routinely check their vehicles and equipment to ensure proper fluid levels and visually inspect proper inflation of tires at least weekly and/or at the time of fueling. The exterior of the vehicles and equipment should be washed, the interior vacuumed and the windows cleaned as often as needed. b. Preventative Maintenance: Department/Agency shall coordinate all preventative maintenance services of assigned vehicles and equipment. Preventative maintenance shall be performed at least once„ each 6,000 miles or six (6) months, whichever comes first. Equipment on hours -based preventative maintenance schedules will be serviced in accordance with recommended manufacturer's specifications. • Vehicles using GASOLINE: All services shall be scheduled through the VMCC. The VMCC will contact the Department/Agency assigned 181 to a vehicle when services are due. Assigned drivers or their designated Transportation Liaison shall communicate with and follow the instructions from the VMCC. Such servicing is to include an oil and oil filter change, an inspection of the air filter, chassis lubrication and a visual inspection of the belts, hoses, tires, and fluid levels. • Equipment and Vehicles using DIESEL: The assigned Department/Agency shall maintain preventative maintenance schedules internally and schedules shall be based on recommended manufacturer's specifications. The Department/Agency is responsible for scheduling services directly with the vendor and should use a VMCC approved vendor when feasible. All acquired services, regardless of VMCC approved vendor, must adhere to the County's Procurement Policy located in Chapter 2, Financial and Accounting, Article I of the County Policy Manual. c. Repairs: Department/Agency shall coordinate all repair services of assigned vehicles and equipment. Mechanical trouble or deficiencies concerning vehicles shall be brought to the attention of the Department/Agency Head and/or designated Transportation Liaison. • Vehicles using GASOLINE: All needed repairs or vehicle component replacements shall be scheduled through the VMCC. The Department/Agency Transportation Liaison will coordinate with the VMCC when repairs are needed. All repairs exceeding $699 will require approval from the Director of General Services or his/her designee prior to services being performed. • Equipment and Vehicles using DIESEL: All needed repairs or vehicle component replacements shall be scheduled by the Department/Agency assigned to the vehicle. The Department/Agency is responsible for scheduling services directly with the vendor and should use a VMCC approved vendor when feasible. All acquired services, regardless of VMCC approved vendor, must adhere to the County's Procurement Policy located in Chapter 2, Financial and Accounting, Article I of the County Policy Manual. d. Warranty or Recall: Each Department/Agency shall ensure that warranty or recall notices are properly addressed and reported to the Department of General Services. • Vehicles using GASOLINE: The Department/Agency Head or Transportation Liaison shall contact the VMCC when warranty or recall notices are received. Any subsequent work shall be coordinated and scheduled through the VMCC. 182 + Equipment and Vehicles using DIESEL: The Department/Agency is responsible for coordinating all warranty and recall work directly with the vendor or manufacturer. This information shall be added to the Department/Agency's internal vehicle records. e. State Inspections: Each Department/Agency shall ensure that their assigned vehicles are inspected in accordance with Virginia state inspection schedules. • Vehicles using GASOLINE: Vehicle inspections shall be scheduled through the VMCC. The VMCC will contact the Department/Agency assigned to a vehicle when inspections are due. + Equipment and Vehicles using DIESEL: All inspections shall be scheduled directly with the vendor by the Department/Agency assigned to the vehicle. All acquired services must adhere to the County's Procurement Policy located in Chapter 2, Financial and Accounting, Article I of the County Policy Manual. f. Towing: * Vehicles using GASOLINE: When a vehicle is inoperable, the driver shall call the VMCC to arrange for towing or on-site repairs, or for the transportation of the driver and any passengers to a safe location. • Equipment and Vehicles using DIESEL: The Department/Agency assigned to the vehicle is responsible for contacting a local vendor for service. All acquired services must adhere to the County's Procurement Policy located in Chapter 2, Financial and Accounting, Article I of the County Policy Manual. g. Responsibility -for Cost of Maintenance and Repairs: Each Department/Agency shall ensure assigned vehicles and equipment are in good running order, making repairs and replacing all vehicle equipment components when necessary. Departments/Agencies shall be responsible for paying bills as allotted in their approved budget. • Vehicles using GASOLINE: The VMCC pays vendors directly for all vehicle services and then invoices the Department/Agency that is responsible for the vehicle. The Department/Agency is responsible for ensuring that charges are accurately billed and paid in a timely manner. + Equipment and Vehicles using DIESEL: The Department/Agency Heads are responsible for ensuring that charges are accurately billed and payment is made directly to the vendor in a timely manner. 183 Section 4.4 Servicing Vendors In accordance with the County's Procurement Policy located in Chapter 2, Financial and Accounting, Article I of the County Policy Manual, only vendors listed on the VMCC approved vendor list will be consider an approved vendor. In some circumstances, the vendor from whom a vehicle or piece of equipment was purchased may be recognized as an authorized repair vendor, provided they perform such services as are needed. If the vendor is not listed on the VMCC approved list, the Department/Agency Head shall call the Department of General Services for instructions. Section 4.5 Vehicle and Equipment Assignment To insure full and proper utilization, the County vehicles and equipment are assigned by the Department of General Services to a Department and/or Agency and managed by the Department/Agency Head or Transportation Liaison. While the needs of a specific employee may be used as justification for an additional assignment of a vehicle, the assigned vehicle is to be under the control of the Department/Agency Head for use throughout the Department/Agency. The assignment of a vehicle shall be reviewed annually during the budget process at the discretion of the Director of DGS. Vehicle assignments will terminate upon notification by the Director of DGS, unless the Department/Agency Head determines that the vehicle is no longer needed prior to such notification. 1. Assignment Criteria: Assignments will be approved only on the basis of one (1) of the following: a. Law enforcement or emergency services — all vehicles shall be assigned vehicles. b. An employee whose job duties require the constant use or continuous availability of a vehicle or specialized equipment, which cannot feasibly or economically be either transferred between Departments or Agencies. Such equipment may include medical supplies, a monitoring or testing apparatus or other supplies, equipment or material necessary to perform the Department/Agency's mission or function. c. An employee, on 24-hour call, who must respond to emergencies on a regular or continuing basis where the emergency response is normally to a location other than the employee's official work station. d. The vehicle is used for essential travel on a routine basis for essential administrative functions of the Department/Agency for which the use of a temporary assignment or personal mileage reimbursement is neither feasible nor economical. 2. Request for Assignment: Requests by Department/Agency for assignments are to be submitted to the DGS on the FLEET -1 Form, "Application for Assignment of County Vehicle or Equipment" (Attachment # 1) Completed form must be signed by the Department/Agency Head. The form should be submitted at least 90 days prior to the need for the vehicle, when feasible. 3. Assignment - Informational Updates: Departments/Agencies are to keep the DGS advised of any changes regarding vehicle and equipment assignment, including changes in the principal assignee, location of vehicle or any factors that may affect vehicle utilization. The FLEET -1 Form, "Application for Assignment of County Vehicle or Equipment." (Attachment # 1) is to be used to advise DGS of any changes. 4. Recall of Assigned Vehicles and Equipment: The DGS has the authority to recall any vehicles or equipment to support County operations. The process for recall shall be as follows: • The DGS shall notify the Department/Agency Head of the vehicle recall in writing. • The Department/Agency Head may appeal the decision to the Director of the DGS in writing within 15 days. • The Director of DGS shall make a final determination of any appeals and notify the appropriate Department/Agency Head within 30 days. Section 4.6 Fuel Program 1. Unleaded Fuel: Fuel shall be obtained using the Voyager Fuel Card assigned to each vehicle. Drivers MUST enter correct odometer readings, no tenths, into the card readers at commercial self-service fueling sites. :E, Each card shall be assigned to a specific vehicle and only used for obtaining fuel for that vehicle only. It is the responsibility for the Department/Agency Head or designated Transportation Liaison to run reports to ensure consistent and correct odometer readings are entered. Correct odometer readings are critical to the VMCC system, and this requirement will be strictly enforced. Improper fuel transactions identified by the VMCC or DGS will be reported immediately to the respective Department/Agency who will have 15 days to investigate and respond to the DGS. Use only unleaded regular fuel in gasoline Powered County -owned vehicles. Mid -grade or premium blends are only to be used when regular is not available or the manufacturer requires the use of high-octane fuel in the vehicle. A directory of Voyager Fuel Card locations can be found at: hyps: www. fleetcommanderonline.con,ilal7pI publiclmerchantLocator.do a. Voyager Fuel Card Program Responsibilities: This card program is for gasoline (unleaded) fuel only and shall be managed in a manner consistent with all applicable County accounting policies and procedures related to the use of charge card programs. Department/Agency Heads assume ultimate responsibility for employees' use of the card, as well as the accountability for the physical security of the fuel cards. A Voyager Fuel Card assigned to a vehicle can be only be used to purchase either regular unleaded gasoline or E85 if the vehicle is capable of using E85. b. DGS Responsibilities: ■ Periodically monitors Department/Agency card usage activity for delinquent payments, inactive cards, inappropriate purchases and proper mileage entry. ■ Ensures Department/Agency Fuel Card users and Transportation Liaisons receive appropriate training and support from the fuel card vendor. The DGS will electronically monitor all fuel card accounts in the program via the state website. If a Department/Agency has questions regarding the Voyager Fuel Card program, please contact: Department of General Services at (757) 365-1658 IM 2. Diesel Fuel: Fuel shall be obtained at designated County owned fueling stations or using the purchasing card at commercial stations when authorized by the Department/Agency Head. 3. Payment of Bills: Departments/Agencies shall be responsible for paying bills as allotted in their approved budget. • Vehicles using GASOLINE: Voyager pays vendors directly and then invoices the Department/Agency that is responsible for the vehicle. The Department/Agency is responsible for ensuring that charges are accurately billed and paid in a timely manner. • Equipment and Vehicles using DIESEL: The Department/Agency using a County owned fueling station shall ensure drivers promptly inform the DGS of following; Department/Agency name, driver's name, vehicle/equipment number, number of gallons and the date of the transaction. Charges will be based on the vendor's average monthly charge per gallon. Section 4.7 Additional/Replacement Fleet All budgetary requests for additional and replacement vehicles and equipment shall be planned and programmed in the annual budget cycle by the DGS. Department/Agency requests shall be submitted to the DGS as defined in Section 4.5, Assignments, using the FLEET -1 Form, "Application for Assignment of County Vehicle or Equipment." For all emergency replacement requests, Department/Agencies should contact the DGS. Replacements shall be based on total cost to operate, mileage, and/or age. Total cost to operate shall have the highest value. Total cost shall take into consideration cost to purchase replacements, operational cost, maintenance cost, age, condition, and resale value. Replacements shall not be based on personal preference. Determination of replacements shall take place during budget preparation. Once a vehicle or equipment has been put out of service and the replacement has been received, the replaced vehicle or equipment will be returned to the DGS. If a vehicle/equipment recommended for replacement is not replaced, repairs necessary to ensure that the vehicle/equipment is safe and reliable will be accomplished until a replacement is obtained. Compact and mid-sized vehicles shall be specified whenever they can accomplish the mission for which they will be utilized. Full-sized vehicles are to be purchased only when justification shows that compact and mid- sized vehicles are not best suited for the intended mission. 187 Automatic transmissions shall be specified for automobiles and light trucks. Manual transmissions may be specified only when an automatic transmission is not suitable for a particular application. Requests for four-wheel drive vehicles may be approved when a compelling need can be demonstrated. 1. Replacement Criteria for County Fleet: County passenger vehicles will not be considered for replacement until they qualify for at least one (1) of the following criteria: a. Vehicle has over 85,000 miles. b. Vehicle is more than seven (7) years old. c. Vehicle has damage or needs repair that is greater than 80% of the NADA value. d. Director of DGS has determined that the overall condition of the vehicle has deteriorated to an "un -repairable" state. 2. Disposal Process for County Fleet: Once a vehicle has met the disposal requirements and the Director of DGS has notified the Department/Agency, the following steps shall be followed: a. Removal of all seals, decals, and equipment from the vehicle. b. Return the vehicle to the Department of General Services. c. If the vehicle is not' drivable, the Department/Agency Head should contact the DGS. The DGS will make arrangements for the vehicle to be transported. d. The DGS will process the vehicle for surplus, which includes notifying the Department of Budget & Finance for asset management and fiscal purposes, as defined in Chapter 2, Financial and Accounting, Article I, Central Purchasing and Article V, Fixed Assets. Section 4.8 Annual Reporting Requirements The Department of General Services will ultimately prepare the fleet budget recommendation to the County Administrator each year. The Departments/Agencies should submit information to DGS about their fleet 188 needs for the upcoming fiscal year. DGS will then prepare a recommended budget request. Each Department/Agency with assigned vehicles and equipment will be responsible for submitting an annual report to the DGS. The annual report shall include year, make, model, vehicle/equipment identification number, current mileage, last inspection date, fuel, repair and preventative maintenance costs (to include description of work performed) for each vehicle. 1. Vehicles using GASOLINE: A report from the VMCC will satisfy all annual reporting requirements. The DGS will contact the Department/Agency directly, if discrepancies are found in the VMCC report, in which case the Department/Agency Head will have 15 days to reconcile the discrepancy. 2. Equipment and Vehicles using DIESEL: Departments/Agencies shall provide the annual report as defined above directly to the DGS. Section 4.9 Violation Failure to comply with the Fleet Management Policy may result in disciplinary action, up to and including termination. The Director of General Services has the authority to remove from service any vehicles or equipment not being properly maintained or in need of repair. ATTACHMENT A FLEET -1 Isle of Wight County Department of General Services "Application for Assignment of County Vehicle or Equipment" Department/Agency: Type of Request: Class of Vehicle/Equipment: Shared or Individual Use: .Srlraa 0r�r Reason for Assignment Request: .5rfecI .'.fin" ;'elrrr Q:A" Date: Vehicle Assignment Details: Date Needed: m Projected Annual Mileage: Vehicle Description (this section only needs to be completed if you are requesting a pickup, SUV, cargo van or heavy equipment). Please describe what you want; 1/2 ton, extended cab, etc. 4x4 Justification: Protide a description or rationale for 4x4 to include off road usage. Size Justification: Provide usage justification for any vehicle larger than a compact car. Year: License Plate Number: Make: VIN: Model: Current Mileage: ry Additional Vehicle Information (if any; 4x4, specialized equipment, etc.) V FORM Request for Replacement Vehicle Approved Yes No Request for Additional Equipment Approved Yes No Request for Replacement Equipment Approved Yes No The reason your request was denied: n-4. BE IT FUTHER RESOLVED THAT, the Board of Supervisors hereby removes Chapter 4: Fleet and Equipment Maintenance, Article VI as follows: 191 ._ ........ . . 191 192 HOT 2. 192 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. Mr. Meek presented a Resolution to Eliminate Chapter 2, Financial and Accounting, Article VI, Annual Review - Parks and Recreation Program Fee and Establish a Nonprofit Organization Tax Exemption Policy of the County Policy Manual for the Board's consideration. Supervisor Jefferson moved that the following Resolution be adopted: RESOLUTION TO ELIMINATE CHAPTER 2, FINANCIAL AND ACCOUNTING, ARTICLE VI, ANNUAL REVIEW — PARKS AND RECREATION PROGRAM FEE AND ESTABLISH A NONPROFIT ORGANIZATION TAX EXEMPTION POLICY OF THE COUNTY POLICY MANUAL WHEREAS, Chapter 2, Article VI, of the County Policy Manual provides for a policy requiring the annual review of parks and recreation program fees; and, WHEREAS, the parks and recreation program fee review policy is redundant with the annual review of all County fees conducted as part of the annual operating and capital budget development process; and, WHEREAS, Section 58.1-3651 of the Code of Virginia provides authority to Virginia localities to exempt the real and personal property taxes of nonprofit organizations that use such property for religious, charitable, 193 patriotic, historical, benevolent, cultural, or public park and playground purposes; and, WHEREAS, it is the desire of the Board of Supervisors to establish a policy to specify the application process and criteria to evaluate real and personal property tax exemption requests from nonprofit organizations in accordance with Section 58.1-3651 of the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED that Chapter 2, Article VI, of the County Policy Manual be eliminated and replaced as follows: CHAPTER 2: FINANCIAL AND ACCOUNTING Article VI Applications for Non -Profit Organization Tax Exemption for Real and Personal Property Section 6.0 Purpose This policy sets forth the procedural process and guidelines for qualifying nonprofit organizations to request exemption from real and personal property taxation in Isle of Wight County. The policy is intended to promote the efficient and timely management of applications and documentation of responsible parties required to facilitate tax exemption requests to the Board of Supervisors. 194 Section §58.1-3651 of the Code of Virginia, 1950, as amended, governs the requirements for entities seeking to have tax-exempt status granted to real or personal property owned by that entity. This section grants the Board of Supervisors the authority to designate as tax exempt that real and personal property owned by organizations which use it exclusively for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. In order to receive the tax-exempt status designation, the entity must comply with the procedural requirements contained in Section §58.1-3651, including a public hearing, to receive citizen comment on the request. If the Board of Supervisors adopts the ordinance for exempt status, the exemption is valid for the next July 1" tax year and all future years unless revoked in accordance with the provision of §58.1-3605. Section 6.1 Submission Requirements An application for tax exemption must be submitted to the Commissioner of the Revenue by the requesting organization along with a check made payable to Treasurer, Isle of Wight County, Virginia for the cost of the required public hearing announcements in order to be considered by the County for exemption from real and/or personal property taxes. The public hearing notices shall be advertised in accordance with County Policy. The cost of the public hearing announcements shall be specified in the Fee Schedule of the fiscal year operating budget. All information required as part of the application must be provided in order for the tax exemption request to be considered by the Board of Supervisors. In accordance with Section §58.1-3651, before adopting an ordinance granting tax -exemption, the Board of Supervisors is required to consider the following questions: 1. Whether the organization is exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 1954. 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to the applicant for use on the property. 3. Whether any director or officer of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director or officer actually renders. 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of 195 the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. 5. Whether the organization provides services for the common good of the public; specific consideration will be given to the level of services provided for the common good of the public to citizens of Isle of Wight County. The organization should have been providing services in Isle of Wight County for a minimum of three (3) years. At least a minimum of 50% of the organization services and community benefit should be provided to citizens of Isle of Wight County. 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. 7. Whether the organization has rules, regulations, policies, or practices that discriminate on the basis of religious conviction, race, color, sex, or national origin. 8. The revenue impact to the locality and its taxpayers of exempting the property. The information is generally answered by the Commissioner of the Revenue's office. The County shall assess the County service requirements for the facility requested to be exempted and the financial impact of any exempted tax burden shift to the taxpaying citizens and businesses. 9. Any other criteria, facts and circumstances that the Board of Supervisors deems pertinent to the adoption of such ordinance. Section 6.2 Application Review and Public Hearing Requirements The Commissioner of the Revenue's office shall: a. Accept applications as well as the cost of advertising the public hearings and transmit said funds for deposit to the Treasurer's Office. b. Process the application within 45 business days of receipt to review the application for completion and accuracy and request any additional information required to process the application. C. Complete the following sections of the attached "Evaluation Summary Form": 1. Application Routing Number 2. Date Application Received by the Commissioner of the Revenue 3. Organization Name 196 4. Property Address 5. Assessed Value 6. Parcel Map# 7. Tax I.D. # d. Forward the application and all supporting documentation to the County Administrator's Office for agenda placement and consideration by the Board of Supervisors. The County Administrator's Office shall: a. Schedule a public hearing for action by the Board of Supervisors within 45 business days of receipt of the application for tax exemption and "Evaluation Summary Form" from the Commissioner of the Revenue. b. Place the advertisement for public hearing in a newspaper of general circulation in accordance with State Code and Chapter S, Article 5, of the County Policy Manual, and retain the newspaper certification of same for the permanent record. The notice of public hearing must contain the assessed value of the real or personal property of the organization along with the amount of taxes that were, or would be, assessed against such property. The public hearing cannot be held until at least 5 days after the publication of the notice of public hearing. C. Prepare and submit an agenda item and related authorizing ordinance for placement on the Board of Supervisors agenda. The ordinance must include a statement regarding the specific use on which the exemption is based, as well as a statement that continuance of the exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated through a triennial application process as more specifically set forth in Section 6.3 below. d. Review and complete the "Evaluation Summary Form" including the Criteria Evaluated section for attachment to the agenda item. e. Notify the applicant in writing of the public hearing date. f. Notify in writing the applicant of any action or inaction by the Board of Supervisors to include a copy of any ordinance adopted after the public hearing. g. Finalize the documentation of the "Evaluation Summary Form" and acquire appropriate processing signatures of any actions authorized by the Board of Supervisors. 197 h. Retain the permanent record of the application information and Board of Supervisors action taken for review by the public and/or auditors in compliance with record retention requirements to include scanning all file contents to an appropriately titled file for future reference. Section 6.3 Triennial Application for Exemption; Removal by Local Governing Body In accordance with §58.1-3605 of the Code of Virginia, organizations receiving exemption from real and/or personal property taxation by the Isle of Wight Board of Supervisors shall be required to file triennially an application as a requirement for retention of the exempt status of the property. Such application shall show the ownership and usage of such property and shall be filed within sixty days preceding the tax year for which such exemption, or the retention thereof, is sought. The requirement to file a triennial application to maintain exempt status shall be written into the ordinance designating an organization as exempt from real and/or personal property taxes. The Board of Supervisors may submit to the General Assembly a list of those organizations whose property is designated as tax exempt under §58.1- 3650.1 et seq. which the local governing body wants to remove from its exempt property list. Legislation including such a list must be introduced no later than the first calendar day of any session of the General Assembly unless requested by the Governor. 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. The following matters were highlighted by County Administrator Seward for the Board's information: Monthly Reports: Tax Levies & Collections as of August 2015; Cash Position; and, Statement of the Treasurer's Accountability; Isle of Wight County Monthly Fire/EMS Call Summary and Other Statistics FY 2014/2015; Isle of Wight Cooperative Extension Monthly Activity Report/August; Isle of Wight Website Statistics/August 2015; Solid Waste Division Litter Pickup; Quarterly Financial Report Detail (4" Qtr. FY15) and Presentation — 8-27-15; Annexation Presentation — 8-27-15; Gatling Pointe Waterline Presentation — 8-27-15; VACo Region 1 Hosting — Wednesday, September 23, 2015 @ 7:00 p.m.; and, the Rushmere Community Meeting — Tuesday, September 29, 2015 @ 7:00 p.m. UNFINISHED/OLD BUSINESS County Attorney Popovich responsive to Board direction at its June meeting, advised that he has conferred with the Chief Animal Control Officer regarding what type of control an animal control officer should have relative to the enforcement of livestock and poultry animals running at -large Supervisor Casteen moved that the County Attorney be directed to advertise an amendment to Chapter 3, Animals and Fowl, to include the proposed language as presented. 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. NEW BUSINESS Under New Business, Supervisor Darden asked County Administrator Seward to contact Mayor Richardson and advise the procedure to be taken for the Town of Windsor to request the funding previously approved by the County for the Windsor Middle School gymnasium project. Supervisor Casteen reported on his recent conversation with the Town of Smithfield's Vice -Chair, Andrew Gregory, regarding the water agreement, line to Gatling Pointe and annexation. At 9:30 p.m., Supervisor Darden moved that the meeting be continued to Thursday, September 24, 2015 at 8:00 a.m. at the Isle of Wight Volunteer Rescue Squad Training Room for the purpose of the Board conducting its Retreat. Re . Alphin, firman 1J / l t Carey MVIs Storm, Clerk 199