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