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04-21-2016 Regular MeetingREGULAR SCHEDULED MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELI] IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE ON THURSDAY, THE TWENTY-FIRST DAY OF APRIL IN THE YEAR TWO THOUSAND AND SIXTEEN AT 5:00 P.M. PRESENT: Rex W. Alphin, Chairman Rudolph Jefferson, Vice -Chairman Joel C. Acree Richard L. Grice William M. McCarty Also Attending: Mark C. Popovich, County Attorney Sanford B. Wanner, Interim County Administrator Donald T. Robertson, Director of Information Resources and Legislative Affairs Carey Mills Storm, Clerk CALL TO ORDER/CLOSED MEETING The meeting was called to order by Chairman Alphin at 5:00 p.m. The following matters were identified by County Attorney Popovich for discussion in closed meeting under the Freedom of I f ormation Act and the Board entered the closed meeting on motion of Supervisor McCarty which passed unanimously by a vote of (S -o) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion: Pursuant to Subsection (A)(1) for discussion of appointment of specific appointees to County boards, committee or authorities and pursuant to Subsection (A)(7) for consultation with legal counsel employed and retained by this public body regarding specific legal matters regarding the proposed host fee agreement between SPSA and the City of Suffolk and for a Request for Proposal to allow hunting on the Blackwater property. Supervisor Jefferson moved that the Board return to open meeting which passed unanimously by a vote of (5-o) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor McCarty 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 members knowledge, (i) only public business matters lawfully exempted from open meeting requirements b Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VOTE AYES: Acree, Alphin, Grice, Jefferson and McCarty MAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 INVOCATIONIPLEDGE OF ALLEGIANCE At 6:00 p.m., the invocation was delivered by Supervisor Jefferson who led the Pledge of Allegiance. APPROVAL OF AGENDA Supervisor Acree moved that the agenda be adopted with the following amendments: Under New Business, Supervisor McCarty requested discussion of an Isle of Wight County Business Affirmation Committee; under the Consent Agenda, Supervisor trice requested the removal of Item (H) for discussion at a later time; and, under old Business, County Attorney Popovich requested the addition of an update on the Use & Support Agreement with SPS. The motion passed unanimously by a vote of (5-0) with Supervisors Acree, Alphin, Orice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. CITIZENS' COMMENTS Charlie Broadwater, western Tidewater Free Clinic, requested approval of the Clinic's funding request to provide medical care for 65 of the 2$4 County residents served by the Clinic in 2015. IN Lisa Arrington, Board of Directors, Smart Beginnings, requested approval of that organization's funding request. Rosalind Cutchins, Board of Directors, Smart Beginnings and Executive Director, Children's Center, requested approval of those organization's funding requests, Albert Burchard, Newport District, recommended that the Virginia Fire Services Board report not be accepted by the Board. Richard Gillerlain, Newport District, notified the Board that he recently had received correspondence from a citizen regarding a build plan and that staff had advised a petitioner of the removal of certain names from a petition because the signers were not sufficiently impacted. He recommended staff provide written responses to all citizen inquiries. Pinny Hipp, Hardy District, requested the Boykins Tavern sign which has been in storage be returned to its original location and that the Boykins Tavern Advisory Committee be re-established to ensure the historic preservation of the Tavern. Mr. wanner was requested by Chairman Alphin to look into Ms. Hipp's request. CONSENT AGENDA On motion of Supervisor Grice, which passed unanimously by a vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the notion, the following Consent Agenda was adopted as amended with the removal of Item (H), Resolution to Authorize Use of Remaining Funds from Fort Boykin Insurance Payout for Other County Parks and Recreation Projects, for discussion at a later time: A. Resolution - Accept and Approl2riate Grant Funds from the Virizinia. Department of Environmental Quality_.. (DEO) for Septic Tank,.. Pump Out Assistance ($3,000) B. Resolution - Reco ng ize .. April 2016 as National Counter Government Month C. Resolution -- Designate Mq 2-6 2016 as National Public Service Recognition week D. Resolution - Accept, and Appropriate Insurance Proceeds from VaCor Risk Mana ernent for Re airs to a County Vehicle ($2,05Q E. Resolution - Accept and Appropriate Stormwater Local Assistance Fund (SLAF) Grant ($206,555) F. Resolution - Designate MqY 2016 as Business Appreciation Month in Isle of Wight County G. Resolution - Designate Ma 2016 as Building Safety Month in Isle of Night County H. flanning Commission Resolution of Appreciation for Lars S. Gordon 1. March 7 2016 Work Session Minutes J. March 15 2016 Joint Budget Work Session with School Board Minutes K. March 17, 2016 Regular Meeting Minutes REGIONAL & INTER -GOVERNMENTAL REPORTS Supervisor Grice reported on topics discussed at the Western Tidewater Water Authority's most recent meeting involving budget matters, projected water rates, the debt service and a request to the Authority for a short stay in the County's portable water distribution allocation. Supervisor Grice reported on matters discussed at a Smithfield Intergovernmental Relations Committee related to a draft water and sewer agreement for the Gatling Pointe area, new legislation and development of a program to be shared by both parties and a boundary line adjustment. Supervisor Jefferson added that the third phase of the Pinewood Heights project was also discussed. Supervisor McCarty reported on discussions at the most recent meeting of the Hampton Roads Military Federal Facilities Alliance related to Federal funding, no downsizing in Federal facilities, the 100 year anniversary of Langley Air Force Base and next year's 1 oath anniversary of NASA Langley and Norfolk Naval Station. He noted that provisions are in place for military retirees to receive assistance with gaining employment in the region so that they do not have to relocate. Supervisor McCarty advised that he had also attended meetings of the Joint Tourism and Social Services Board and that the Public Works Committee had also convened to discuss hours of operation for the County's convenience centers. Interim County Administrator Wanner reported that the Hampton Roads Planning District Commission had discussed development of a comprehensive strategy for economic development and a recommendation to reduce the size of the HRPDC membership to 17 members and the need to 4 solicit support of the strategic plan on regional priorities of transportation, job creation and education. Interim County Administrator wanner reported the Hampton Roads Transportation Accountability Commission had conducted an evaluation of its new Executive Director who has performed well during this past year. APPOINTMENTS A. Blackwater Re Tonal LibraKy Board: Supervisor McCarty moved that John Yow be reappointed to represent the Newport District which passed unanimously by a vote of (5-0) with Supervisors Acree, Alphin, trice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. B. Board of Zoning..ap� eals; Supervisor Jefferson moved that Bobby Bowser be recommended to the Circuit Court Judge for reappointment representing the Hardy District which passed unanimously by a vote of (5-0) with Supervisors Acree? Alphin, trice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. C. Commission on Aging: Supervisor trice moved that Debra Frank be appointed to represent the Smithfield District which passed unanimously by a vote of (5-0) with Supervisors Acree, Alphin, trice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATIONS/APPEARANCES A. Resolution to Congratulate Carrollton , Volunteer Fire Department on the Occasion of its 50t" Anniversa -- Following presentation of a formal resolution to members of the Carrollton Volunteer Fire Department, Supervisor McCarty moved that the following Resolution be adopted: RESOLUTION TO CONGRATULATE CARROLLTON VOLUNTEER FIRE DEPARTMENT ON THE OCCASION OF ITS 50TH ANNIVERSARY WHEREAS, the Carrollton Volunteer Fire Department (VFD) was chartered in January 1966 to serve citizens in Isle of Wight County; and, WHEREAS, the members of Carrollton VFD funded and constructed the Department's original building in 1967; and, M WHEREAS, in 1994, the Carrollton VFD distinguished itself as the pioneer agency providing fire supported EMS in the County by obtaining a Basic Life Support Non -Transport EMS License. It has since become an Advanced Life Support Transport EMS Licensed agency; and, WHEREAS, throughout its 50 year history, Carrollton VFD has remained committed to preserving lives and property through the provision of high duality fire and rescue services. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia congratulates Carrollton Volunteer Fire Department on the occasion of its 5011 Anniversary. The motion was adopted by a vote of (5-o) with Supervisors Acree, Alphin, trice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. B. Virginia Fire Services Board Report A report of findings and recommendations regarding fire and EMS services in the County was provided by William B. Kyger, Jr., Virginia Fire Services Board, in addition to the identification of key areas of success and those areas which could use improvement. Supervisor McCarty moved that the Virginia Fire Services Board report be accepted. The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin, Orrice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. PUBLIC HEARING S A. Isle of Wight Counly Pro osed FY201 G-1 Operating- and Capital Bud et Interim County Administrator wanner provided a preview of resolutions and ordinances associated with the adoption of the proposed budget. Chairman Alphin opened the public hearing and called for comments from citizens in favor or in opposition to the proposed budget. Major James Clark, Isle of might County Sheriffs office, requested funding for five additional Deputy Sheriffs positions. Sylvester Askins, Endependence Center, requested that organization's funding request be approved. Jenny Bailey, Director, Blackwater Regional Library, recognized the County's previous support and requested that the Library's request for funding be approved. William Johnson, Windsor District, spoke against an increase in the tax rate. Christy Chattem, Smithfield District, spoke in favor of the School Board's request for funding. Iden Wagger, Smithfield District, spoke against an increase in the tax rate and in favor of the County's proposed budget being reduced by 10%. He recommended the Norfolk water agreement be terminated or renegotiated to half its existing cost. He noted his opposition to the County incurring any additional debt and spoke in favor of decreased existing debt. He asked that the County's current tax rate be adjusted to the 2011 rate. Michelle Joyce, Windsor District, stressed the benefit of a strong school system and clarified that $350,000 of the $750,000 increase in the School Board's budget is to be earmarked for the Davis Bacon payments. Shelly Spears, Smithfield District, spoke in support of the proposed School budget. Sam Cratch, Windsor District, spoke in support of the five additional Deputy Sheriffs positions being requested by the Sheriff s Department. Leah Dempsey, Newport District, spoke in support of the School Board's request for funding. Tanya Hundley of Catling Pointe spoke in support of the School Board's request for funding. Rex Williams spoke in support of the School Board's request for funding. Dr. Jim Thornton, School Superintendent, spoke in support of the School's request for funding. Dr. Garrett Edwards addressed the Dike Park Bike Trail project and noted because it would only benefit that end of the County, it would be poor investment. He suggested that the bike path be built at Smithfield High School and expressed his concern that the County had used imminent domain to take property from his family who has owned their farm for over a century. He stated the only way he could support such a bike path along Nike Park Road is to protect it from long-term overdevelopment and he requested that the Board fully consider all aspects before proceeding. Shelly Perry, Hardy District, spoke against any tax rate increase. h Brian Carroll, Carrsville District, spoke in support of funding for the public safety radio system. Herb DeGroft, Hardy District, spoke in support of funding for the public safety radio system and requested that Sheriff Marshall be directed to utilize the $340,000 in his existing budget to reinstate School Resource Officers effective July 1, 2016. Mike Lars, Hardy District, spoke against an increase in the tax rate. Cynthia McGuire of Trump Town Road spoke in favor of additional resources for the Carrollton area due to the increased growth and traffic. C. B. Nurney of Monette Lane commented on the need for an improved public safety communications system. The public hearing was closed by the Chairman and the public was encouraged to provide feedback on the proposed County budget on a survey at williammccarty.com. It was noted that Under the Cocke of Virginia no action can be taken on the budget for seven days following the public hearing and that the Board had, at its March 17, 2016 regular meeting, taken action to set a special meeting on Tuesday, May 10, 2016 at 7:00 p.m. for adoption of the FY2016-17 operating and Capital Budget. B. Application of Accelerated Properties, LLC to chane Zoning Classification from Conditional -- Limited Industrial LI Conditional - General Commercial (GCI -and Rural Agricultural Conservation RAC to Conditional General Commercial (C --GC) and Amend the Permitted Uses on the Prop r-ty Richard Rudnicki, Assistant Director of Planning & Zoning, provided an overview of the application. Chairman Alphin opened the public bearing and called for comments from citizens in favor or in opposition to the proposed application. Attorney Grady Palmer of Norfolk briefed the Board on the application's history and purpose of being able to expand the parcel's business opportunities. H. Woodrow Crook, Jr., commented on the farmland's beauty surrounded by the Jaynes and Pagan Rivers and Tormentor's Lake and stated very little development has occurred since the 1950's when the house and office building was originally built. He advised that the County did not adopt its Zoning Ordinance and Comprehensive Plan until 1970 and because this property was a non -conforming use, in order to expand, additional zoning was granted for an additional office building for Smithfield Foods and later the County, as well as a tower. He stated the concern of the landowners on 8 each side is that they do not wish to sec anything more built than an office building at this location. He noted all kinds of commercial uses could be granted for this property to take advantage of the environment's beauty and it is the desire of the residents living there to maintain that area's quiet and peaceful atmosphere. Alan Monette of Monette Lane voiced his opposition to the proposed use of a community center, its times of operation, the lack of a business plan and a change in the environment at that location. Lynn Faulkner of Days Point Road advised that a petition containing the names of 250 residents who would be impacted by this application has been circulated. She further advised the existing homes on either side of Monette Parkway are concerned about the right business being in the right location. C. B. Nurney, Monette Lane, spoke in opposition to the increased traffic and late night hours of operation associated with the entertainment aspect of the proposed use that would adversely impact the existing six residences. Charles Phelps, Eagle Nest Lane, spoke against the proposed application citing concerns with noise, increased traffic on the existing narrow roadway, potential damage to the existing dam and distance from the closest fire and police departments. He requested that the Board take into consideration the general welfare of the existing residents and deny the application. Gene Lowery of Tormentor's Lane commented that the intended use of the property should be clearly identified so that the Board knows what it is Voting on. Linda Jacob of Day's Point Road spoke against the proposed application because of the lacy of a detailed business plan. Gene Slogent of Monette Lane cited concerns with increased traffic, impact on area wildlife and the need for a better business plan in keeping with the existing zoning. Richard Gillerlain, Newport District, spoke against the application citing non-compliance with the Comprehensive Plan, safety and environmental reasons. He recommended that the application be returned to the Planning Commission for submittal of a specific business plan. Pinky Hipp, Hardy District, spoke against the application due to increased traffic on the existing narrow roadway and the negative impact on surrounding horse farms, children and animals. She noted that the proposed use is not in beeping with the existing residential neighborhood and this location is not the right location for anything to take place after dark. 9 Randolph Barlow, Smithfield District, commented that approval of the rezoning may set a future precedent. He noted that the property currently does not conform to today's zoning as the existing buildings were built prior to the creation of the County's Zoning Ordinance. He cited safety concerns because of the narrowness of the existing roadway. Mike Myers, Morgarts Beach Road, urged the Board to deny the application which, as proposed, is the wrong use in the wrong area. Dave Hare, Carrollton, expressed support for the application stating the applicant has been fair and tried to compromise and new businesses are needed in the County to keep the tax rate low. Jeffrey McFather, Days Point Road, spoke in opposition stating this land is not conducive to business or the existing residential community. He stated approval of the application would set a future precedent. Richard Gromlick of Blount's Corner load spore against the application because a use for the property has not yet been identified. Brian Owens, Days Point Road, spore in opposition to the proposed uses of the property citing the narrowness of the existing roadway and the potential for alcohol and drugs. John Basil of Days Point Road made reference to an email from Lynn Faulkner who advised that she had received a threat warning of the uses that could be approved for that property if this application is not approved. He agreed with the other cited reasons for denial of the application. Jan Barer, Days Point Road, asked those who were not in favor of the application to stand, of which there were approximately 30 individuals. Elaine Shell, Days Point Road, cited the narrowness and curves in the existing road has have resulted in a death and several injuries. She spoke in favor of the existing quiet, safe and rural atmosphere. Richard Myers, Morgarts Beach Road, spoke against the application citing delayed response time for lava and safety personnel. Eric Peterson, Days Point Road, spoke against the application commenting that those who would be most impacted have spoken that they do not want this in their neighborhood. Bill Faulkner, Days Point Road, spore in opposition noting that the study conducted by VDOT involved only the number of cars traveling on this roadway and did not study the roadway's winding narrowness, wildlife population or lack of visibility. m Rosalee Barlow, Poplar Point Lane, cited her opposition because of the existing roadway which is heavily traveled and narrow. She reported on accidents which have occurred at the curve and the abundance of wildlife. She also noted that farm equipment travels along that roadway. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Jefferson noted that the newest homes were built after the initial business and that fundraiser events have been held on that property without a problem occurring on the roadway. He stated the only time the roadway becomes an issue is when someone is proposing something new and both the existing landowners and applicants have rights as well. He stated wildlife is everywhere, not just on Days Point Road and the County needs to be business friendly as other businesses will be looking at how the Board votes tonight on this issue. Supervisor Acree moved that the application be denied. The motion was adopted by a vote of (4-1) with Supervisors Acree, Alphin, Grice and McCarty voting in favor of the motion and Supervisor Jefferson voting against the motion. C. Application of Robert and Sandra Faison for Exceptions to the Chesapeake Bair Preservation Area Ordinance to Allow Encroachment into the 100 -foot -wide -area Resource Protection Area Buffer to Build a Single -Family Home on Lot 25 on Shivers Mill Lane in Carrollton, in the Newport Election District and to Allow for a Reduction in the Amount of Required Landscaping Mitigation Chairman Alphin opened the public hearing and called for persons to speak in favor of or in opposition to the proposed application. Kim Hummel, Environmental Planner, provided an overview of the proposed application. Jerry Corgan, applicant, requested the Board's approval and advised that the footprint of the home was reduced by 400 square feet and have complied with all requests for mitigation. Supervisor McCarty moved that the exception and reduced landscaping mitigation be approved with conditions that the 14x1 6 deck be allowed and that plant sizes for the landscaping mitigation follow the recommendations of the Riparian Buffers Modification and Mitigation Guidance Manual, as approved by the Planning Commission. The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Im D. Application of Todd and Sally Bristol for a Conditional Use Permit on 3.334 Acres of Land Located at 101 Deer Run Drive in the Windsor Election District to Allow for an Accesso Apartment Trenton Blowe, Planner, provided an overview of the application. Chairman Alphin opened the public hearing and called for persons to speak in favor of or in opposition to the proposed application, No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Acree moved that the Conditional Use Permit application be approved as recommended by the Planning Commission and staff. The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. E. Ordinance to Amend and Reenact the Isle of Wijzht Coun Code b Amending and Reenacting Appendix B Zoning: Article III Use Typesi Section 3-7000, Industrial Use Types, in Order to Add a Definition for "Towing -Service Storage Yard" County Attorney Popovich advised the proposed amendment was intended to be included in the ordinance when it was last amended, but was not included. Chairman Alphin opened the public hearing and called for those to speak in favor of or in opposition to the proposed ordinance amendment. No one appeared and spoke, Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor McCarty moved that the following Ordinance be adopted: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING APPENDIX B. ZONING. ARTICLE III. USE TYPES. SECTION 3-7000. INDUSTRIAL USE TYPES. WHEREAS, on September 18, 2014, the Board of Supervisors adopted certain revisions to Appendix B. Zoning; and WHEREAS, the definition of a "towing service storage yard" was inadvertently left out of the revised ordinance; and 12 WHEREAS, the Board of Supervisors now deems it proper and necessary to correct this technical error in order to give meaning to the defined term; NOW, THEREFORE, BE IT ORDAINED by the Isle of Night County Board of Supervisors that Appendix B, Zoning, Article III, Use Types, Section 3-7000, Industrial use types be amended and reenacted as follows: Sec. 3-7000. - Industrial use types. Abattoir or livestock processing.\ The use of land for the slaughter of livestock, including cattle, sheep, swine, goats and poultry, as a service, and from which there is sold no meat or other product of such slaughter other than materials generally considered inedible for humans and which are generated as waste and/or by-products of such slaughter, including, but not limited to, blood, bones, viscera, hides, etc., which may be sold for purposes of removal from site. Asphalt plantA An establishment engaged in manufacturing or mixing of paging materials derived from asphaltic mixtures of tar. Brewery, distillery, cidery.\, An establishment for the production and packaging of alcoholic beverages, such as beer, liquor, cider, mead, etc., for distribution, retail or wholesale, on --premises or off -premises, and which meets all Virginia Alcoholic Beverage Control laws and regulations. The facility may include other accessory uses such as retail sales, tasting rooms, restaurants, etc., as permitted in the district and as long as the accessory uses do not exceed the primary use in floor area or value. Construction yard.'\ Establishments housing facilities of businesses primarily engaged in construction activities, including the outside storage of materials and equipment used for the business operations. Typical uses may include site work companies to include excavating and grading activities, roadway construction and utility infrastructure companies, and other heavy construction companies. Convenience center.\, A government -operated facility used for the collection of trash, garbage, and rubbish, including receptacles for the collection and storage of recyclable materials. Custom manufacturing.\ Establishments primarily engaged in the on-site production of goods by hand manufacturing, within enclosed structures, involving the use of hand tools, and the use of mechanical equipment commonly associated with residential or commercial uses or a single kiln. Typical uses would include pottery, cabinet or woodwork shops. Industry, Type IC\ Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and 13 products, from processed or previously manufactured materials. Included would be assembly of electrical appliances, bottling and printing plants, and the manufacturing of paint, oils, pharmaceuticals, cosmetics, solvents and other chemicals, production of items made of stone, metal or concrete. Industry, Type II.\ Enterprises in which goods are generally mass produced from raw materials on a large scale through use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses. Included in this use type are industries involved in processing and/or refining raw material such as chemicals, rubber, wood or wood pulp, forging, casting, melting, refining, extruding, rolling, drawing, and/or alloying ferrous metals, and the production of large durable goods such as automobiles, manufactured homes, or other motor vehicles. Industry, Type III. An establishment which has the potential to be dangerous or extremely obnoxious. Included are those in which explosives are stored, petroleum is refined, natural and liquid and other petroleum derivatives are stored and/or distributed in bulk, radioactive materials are compounded, pesticides, fertilizers and certain acids are manufactured, and hazardous waste is treated or stored as the establishment's principal activity. Landfill, industrialA The use of land for the legal disposal of specific industrial waste which is a by-product of a manufacturing or production process. Landfill, rubble.\ The use of land for the legal disposal of construction and demolition wastes consisting of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, metals and plastic associated with construction and wastes from land -clearing operations consisting of stumps, wood, brush, and leaves. Landfill, sanitary.; The use of land for the legal disposal of municipal solid waste derived from households, business and institutional establishments, including garbage, trash, and rubbish, and from industrial establishments, other than hazardous wastes as described by the Virginia Hazardous waste Regulations. MeatpackingA The processing of meat products and by-products directly from animals or offal from dead animals. Recycling center.` privately operated facility for the collection and storage of recyclable materials designed and labeled separately for citizens to voluntarily take source materials for recycling. Resource extractionA A use involving on-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operation, mining, and soil mining. Specifically excluded from this use type shall be grading and removal of dirt associated 14 with an approved site plan or subdivision, or excavations associated with, and for the improvement of, a bona fide agricultural use. Scrap and salvage service.'`. Any lot or place engaged in the storage, sale, dismantling or other processing or uses of waste materials which are not intended for reuse in their original forms. Typical uses include paper and metal salvage yards, automotive wrecking yards, junkyards, used tire storage yards, or retail and/or wholesale sales of used automobile parts and supplies. (See also the definitions of automobile wrecking yard and junkyard in section 2-1002.) Shipping container.\ Primarily a metal container used to pack, ship and store goods. on land they are kept in shipping or storage yards. Towing service storage yard. An outdoor area or yard used by a tow service for the storage of inoperable, junk, or wrecked motor vehicles, with or without consent of the owner. Transfer station. Any storage or collection facility which is operated as a relay point for municipal solid waste which ultimately is transferred to a landfill. Warehousing and distribution.' Uses including storage, warehousing and dispatching of good s within enclosed structures, or outdoors. Typical uses include wholesale distributors, storage warehouses, truck terminals and moving/storage firms. (7-7-05; 12-18-06; Ord. No. 2012-10-C, 10-15-12; 6- 19-14; 9-18-14.) The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin, trice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. F. Resolution to Amend the Q2, ehensive Plan of Isle of Wi ht Co vir °. inia throegh QbanRes to the Text and MaI0 s in Cha ter 4 "Cro rth Mg.nggement and Land Use"" in order, to Include the Resource Conservation Land Use in all Approoriate Locations in the Comprehensive Plan Chairman Alphin opened the public hearing on the following and called for persons to speak in favor of or in opposition to the proposed amendment. Mr. Rudnicki provided a brief overview of the amendment. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Jefferson moved that the following Resolution be adopted as presented and recommended by the Planning Commission and staff: 15 RESOLUTION APPROVING AN AMENDMENT TO THE ISLE OF WIGHT COUNTY COMPREHENSIVE PLAN, CHAPTER 4 GROWTH MANAGEMENT AND LAND USE WHEREAS, certain discrepancies in the mapping for the resource conservation land use have been discovered by County staff; and, WIEREAS, on March 22, 2016 the Planning Commission, in accordance with Section 15.2-2229 of the Code of Virginia (1950, as amended), by resolution, recommended the approval of mapping amendments to the Comprehensive Plan to rectify such discrepancies; and, WHEREAS, the Isle of Wight County Board of Supervisors, upon recommendation of the Planning Commission, finds it advisable to amend Chapter Four of the Isle of Wight County Comprehensive Plan to include amended text and maps on land use in Isle of Wight County; and, WHEREAS, the Board of Supervisors has given notice and held a public hearing on said amendment to the Comprehensive Plan on April 21, 2016, as required by Section 15.22204 of the Code of Virginia. NOW, 'T'HEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that Chapter 4 of the Isle of Wight County Comprehensive Plan is hereby amended as more specifically set forth in Exhibit A which is attached hereto and incorporated by reference. The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin, trice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. G. Ordinance to Amend and Reenact the Following Sections of the Isle of Wight . County Code by Amending- and Reenacting,_.. Appendix B, Zoning: Article VIII Landscapinp, and Screening Standards in Order to Make Revisions for Clarity of Language, - Flexibility of Application, and Enhanced Tree Preservation Chairman Alphin opened the public hearing and called for persons to speak in favor of or in opposition to the proposed amendment. Mr. Rudnicki provided a brief overview of the proposed amendment. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor McCarty moved that the fallowing ordinance revisions be adapted as recommended by the Planning Commission and staff: IV An Ordinance to Amend and Reenact the Isle of "dight County Code, Appendix B, Zoning, Article VIII, Landscaping and Screening Standards in order to amend language for clarity, provide flexibility in application, and enhance tree preservation 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 might 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 VIII, Landscaping and Screening Standards, of the Isle of Wight County Code be amended and reenacted as follows: Article VIII. — Landscaping and Screening Standards. Sec. 8-100 1. - Purpose. The purpose of this section is to establish minimum design standards and specifications for any site landscaping as may be required by this ordinance and as recommended by the comprehensive plan. These standards and specifications are to promote the appearance, character, and economic value of the built environment; to preserve and enhance the visual aesthetic in rural areas; to reduce and soften the visibility of paved areas and structures from adjacent properties and public rights-of-way; to moderate climatic effects and improve energy efficiency; and to minimize noise and glare. where extensive natural tree cover and vegetation does not exist, environmentally sensitive landscaping shall be provided to enhance the appearance of the development, aid in erosion control and stormater management, provide protection from wind and sun, screen streets and parking areas, and enhance the privacy of dwelling units. Sec. 8-1002. - Landscape plan, A. Landscape plan required. 1. A landscape plan shall be prepared for any development project required to provide landscaping or any similar site treatment by this ordinance. Such landscaping plans shall be in accordance with the purpose stated in section 8-1001 and integrated into the overall site or development plan for which approval is being sought pursuant to this ordinance. 2. No neve parking areas shall hereafter be constructed or used unless landscaping is provided as required by the provisions of this article. B. Contents of landscape plan..,... A landscape plan shall be submitted to the zoning administrator for review and shall include clearly labeled plans, drawings, photographs and/or narratives depicting or presenting the 17 following, unless deemed unnecessary by the zoning administrator such as in the case of a simplified site plan: 1. Landscape plans shall be prepared and/or certified by a site design professional licensed by the Commonwealth of Virginia. 2. Location and identification by size and name, of all trees eight inches (r) in diameter or greater or any tree of nature, heritage, or significance as defined in section 2-1002, on the site. In wooded areas, the delineation of the existing vegetation on the site prior to land disturbing activities associated with the development and the proposed limits of clearing of such areas may be shown in lieu of indicating individual trees. However, any eight Inch (8") diameter, mature, heritage, or significant tree within wooded areas to be cleared shall be individually located and identified by size and name, and justification provided as to need for removal. 3. Location, dimensions and area of all required landscaping zones and elements. 4. Location of areas proposed to be fenced, walled, or otherwise screened through the use of architectural, or earthen forms, or any other landscaping methods including notes and details to describe fully the methods, dimensions, and materials proposed. 5. Location, height, width or caliper (whichever is more appropriate at planting time), type and name (common and botanical), of all landscaping materials including materials to be retained on-site and seasonal replacements proposed for installation. All new materials shall be presented in a "planting schedule" providing the aforementioned information and proposed quantities to be installed, along with the landscaping points values associated with each installation, as specified in section 8-1004. 6. Appropriate details and notes indicating the methods to be utilized to protect trees and plant materials remaining on site from damage, both during and after development of the site. 7. Notations stating the responsible party for the perpetual maintenance of all landscaping features to be preserved or installed on the site in accordance with the requirements of this article. 8. A schedule or table of the calculation of the landscaping points and landscaping credits for each landscaping zone, and the landscaping plan in total, based on the values set by this article. 9. A certified canopy coverage plan illustrating the projected parking area canopy coverage and including calculation of the canopy coverage percentage. Sec. -1003. - Landscaping and screening requirements and design guidelines. A. Overall site design...... The following overall site layout and design standards shall apply to all landscaping plans; 1. Landscaping design and planning are to be integrated within the overall site design. 2. Natural appearing landscape forms are strongly encouraged. Straight rows of plantings are discouraged and trees, shrubs, flower beds, and other material types shall be interspersed with one another. 3. Landscape materials and designs are to be appropriate for the specific characteristics of the site. 4. Native plants, as identified by the Virginia Department of Conservation and Recreation (DCR), and materials indigenous to the region are desirable and are encouraged, particularly because of their adaptation to local climate, disease resistance, soils, hydrology, and adverse weather conditions. 5. Invasive species, as identified by the Virginia Department of Conservation and Recreation (DCR), shall be prohibited. d. Landscape plantings located within the sight triangle of roadway or driveway intersection hall conform to Virginia Department of Transportation (VDOT) guidelines for height. 7. Landscaped areas shall require protection from vehicular encroachment by such means as, but not limited to, wheel stops, concrete or bituminous curbs, or decorative walls or fencing. 8. No more than fifty percent (50%) of the required trees or shrubs in a single landscaping zone shall be of a single species. This subsection shall not apply to existing trees preserved on the site or to single-family residential lots which are regulated by subsection 8-10051. 9. Existing and viable trees and areas of significant vegetation are to be preserved and protected, in accordance with section 8-1009. Existing shrubs and trees which are suitable for use in required landscaping zones shall be preserved and used to the maximum extent practicable. In no case shall any viable, mature, heritage, or significant tree eight (8) inches or more in diameter measured at breast height (four and one-half (41/2)) feet from ground level) be removed from any landscaping zone except to accommodate necessary entrances, utility easements, or where such preservation would create or perpetuate demonstrable hazards to public health, safety, or welfare, subject to the approval of such removal by the zoning administrator. 10. Areas in which trees are preserved shall remain at original grade level and undisturbed wherever possible. Trees and vegetation which are to be preserved shall be clearly marked in the field. 11. Decorative walls, fences, berms and/or other earthforms may be integrated into any landscaping program subject to setback and sight triangle requirements, and the materials and construction standards in section 8-1009. 12. where sidewalks, or other pedestrian, bike, and/or equestrian trails are proposed in the landscaped area, such paths shall be meandering, if necessary, in order to preserve the existing trees. 13. To the greatest extent possible, stormwater management structures and facilities shall be placed outside of the landscaping zones identified in this article. when placement of stormwater management structures and facilities in a landscaping zone is demonstrated as unavoidable by the applicant, and is not prohibited elsewhere in this ordinance, such structure or facility shall be landscaped in a naturalized pattern utilizing native species and the landscaping point required for the area encompassed by the stormwater management structure or facility shall be disbursed throughout the remaining area of the landscaping zone. The zoning administrator may allow points to be distributed to areas immediately adjacent to the landscaping zone affected 19 in order to allow for a more naturalized appearance and prevent overplanting within the remaining landscaping zone area. B. Landscaping points. ..... All plants, fences, walls, berms, or other landscaping elements in a development plan are assigned a landscaping points value in table 8-1004. Each applicable landscaping zone, as defined in section 8-1005, on a development plan has a required landscaping points value and required design guidelines which must be met by the landscaping plan. I. All landscaping plans are required to have at least twenty five percent (25%) of the total landscaping points for the site as evergreen species. 2. In addition to the points required for each landscaping zone, all multifamily, civic, commercial, industrial, and miscellaneous uses are required to achieve a minimum fifteen percent (15%) landscape surface ratio (LSR) for the total project site. a. Plantings within the frontage zone, buffer zone, parking zone, foundation zone, and screening zone may be included as landscape area in the LSR calculation. b. Undisturbed, delineated wetlands and riparian buffers may be included as landscape area in the LSR calculation. Sec. 8-1004. - Landscaping oints values table. Landscape Elements* — Points" Point value Preserve existing tree (see Sect. 8-1008) 90 Large deciduous tree: 3" + cal. or 12'+ height 30 Medium deciduous tree: 2-3" cal. or 10 12' height 20 Small deciduous tree: 1-2 " cal. or 8-10' height 10 Ornamental tree greater than 8' height 12 Ornamental tribe less than 8' height 7 Large evergreen tree: greater than 10' height 30 Medium evergreen tree: 7-10' height 20 Small evergreen tree: Less than 7' height, min. 4' height 10 Large deciduous shrub: 5 -gal. or 36" min. height 3 Medium deciduous shrub: 3 -gal, or 24" ruin. height 2 Small deciduous shrub: 2 -gal. or 18" min. height 1 Large evergreen shrub: 5 -gal. or 36" min. height 3 Medium evergreen shrub: 3 -gal, or 24" min. height 2 Small evergreen shrub: 2 -gal. or 18" min. height 1 roundcover plants: I gal. .5 Pint .25 wall, fence, terming (height at centerline): o Less than 3' 1.5 pts/1 0 1. f Over 3' 2.5 ptsl 0 l.f. * All ornamental grasses will count based on the size of the root ball or container. ** In the case of a conflict between the root ball or container size and the plant height, points value will be determined by the root ball or container size. Sec. 8-1005. - Landscaping zones. A. The landscaping zones which may apply to any lot or parcel being developed are the frontage zone, buffer zone, parking zone, foundation zone, and screening zone, except that in the case of single-family residential lot development, the whole site is treated as a single zone and regulated by subsection 8-1005.D. B. In the case of overlapping zones, the following hierarchy of application shall apply: 1. Frontage zone; 2. Buffer zone; 3. Parking zone; 4. Foundation zone; 5. Screening zone. C. In the event that any two (2) zones sit immediately adjacent to each other the adjacent sections may be reduced by fifty percent (50%). D. Single-family residential. 1. Single-family residential lots shall be treated as a single zone meeting the requirements of this section and shall not be required to meet the individual frontage, buffer, parking, foundation, and screening zone regulations unless specifically required by an adopted master plan. 2. Single-family residential lots shall install, at a minimum, the landscaping points as required by section 8-1006. 3. Required landscaping points shall be installed before issuance of a certificate of occupancy. E. Village Centers. I. Properties located within a designated village center shall only be required to apply the frontage zone, parking zone, and screening zone, when development or redevelopment occurs. 2. The frontage zone shall be reduced by thirty (30) percent within the Village Center. F. zone requirements. 1. Frontage zone ..... The frontage zone 1s a landscaping area located along the entire frontage of the parcel with a width equal to the width of the required front setback or visual buffer for the parcel, as defined by the zoning district or appropriate overlay district. KE Frontage zone 1.,25 Points per Linear Foot for Under 50 foot Setbacks 115 Points per Linear Foot for 54 foot and Greater Setbacks m i au i Frontage a. There are two (2) frontage zone classifications. i. Rural frontage zone applies to all properties which are outside of the designated development service districts and village centers of the county comprehensive plan. A. In the rural frontage zone, properties can, regardless of the required setback, provide one of the following: 1. Return the zone to native vegetation and leave the zone untouched. Native vegetation shall be defined as a minimum of one and one-quarter (1.25) points of landscaping per linear foot of lot frontage using species native to southeastern Virginia. 2. If the existing vegetation within the zone is deemed adequate to meet the required landscaping points, as determined by the zoning administrator or his designee, the existing vegetation may be maintained, leaving the zone area untouched. Frontage Zone - Dural Less Than 50 Foot 1,25 Points per Linear Fool of Frontage - Example;, 104 Linear Feet ,,, 125 Points Depth of Setback s x 1� Point ?5 Points �. ,.._...,,......__.,..,.,.....__.� .c 2D Points 60 Points Total— 125 Points B. In the rural frontage zone, sixty percent (60%) of landscaping points are required to be non -ornamental species of trees. No more than fifty percent (50%) of trees may be evergreen species. Native species are required. ii. Development frontage zone applies to all properties which are within the designated development service districts of the county comprehensive plan. A. In the development frontage zone, properties are required to install a minimum of one and one-quarter (1.25) points of landscaping per linear foot of lot frontage. B. In the development frontage zone a uniform aesthetic is desired across all developments. If a nearby property has already developed the new development shall use the same plant materials, to the extent possible, to create a uniform look. Frontage Zone - Development Servicc Districts I.ess Than 50 Foot S+ L25 Points per Linear foot of Frontage - Example: 104 Linear Feet = 125 Points Mpill or Setback Potential Multi-Modz1 Path . - or Sidewalk t IL t .• {3) Medium Rergreen Shrubs x ? Points — c► Points { 1) Srttall Ei-cryrccn Tree x 10 Point = 10 Points (25) Stnall Ek6duous Shrubs x I Point 6A 25 Points (2) LarUc Ornamental Trces x 12 Points = 24 Points ,.11 Nlcdittm T]ceiderous Tree: x Lill Points R AM Points Total - 125 Points 2. Buffer zone...... The buffer zone is a continuous landscaping screen, ten (10) feet wide, required along all side and rear yards. Required landscaping points are based on the parcel use type, as identified in article III of this ordinance, as detailed below. Butler Zone Points Bascd on Usti Type per 500 Square Feet Ma a. Existing vegetation may be maintained in lieu of creating a buffer zone as defined by this section, if deemed adequate to meet the required landscaping points by the zoning Administrator or his designee, to serge the screening purpose. b. one (1) pedestrian break of at least six {6} feet in width is required for every fifty (S0) linear feet in the buffer zone, except that breaks which are used for placement of a surfaced walkway, pathway, or trail are required to be the width of the trail plus an additional two (2) feet on either side of the walkway, pathway, or trail. C. Installation of all required points must be disbursed in a generally even pattern throughout the buffer zone area, except in cases of concentrated nuisance, such as light or noise, which require heavier screening in a particular location. d. For development on property zoned Rural Agricultural Conservation (RAC) the Buffer Zone may be reduced by fifty percent (50%) if the development is not immediately adjacent to an existing residential structure or if deemed appropriate by the zoning Administrator or his designee. e. Required buffer zone by use type. I . Agricultural use types. A. Agricultural use types are not required to install buffer zone landscaping. ii. Residential use types. A. Residential use types are not required to install buffer zone landscaping, unless otherwise specified in this ordinance. Single-family residential uses are required to install parcel or lot landscaping in accordance with subsection 8-1005.F. iii. Civic use types. A. Civic use types are required to install a minimum of forty-five (45) points of landscaping per five hundred (Soo) square feet of buffer zone. IN tp Fwir �RNIIIit�Br41NIGnatq � IDepah 1 i .�. Civic Use: Buil'cr 45 Pomm twr 5(H) .Square FLvk -1 Pedestrian D-aL - 6 foot min. 1 I I Siimll F%crKmcii Trcc x 10 Points - 10 Palnt3 1101 Medium r'veigre nt 51uu1i x 2 font, 20 Points — (151 Snwll Deciduous Shrub% x 1 Pn nt 11 l; Pnints Total,- 45 Points iv. Office and commercial use types. A. Office and commercial use types are required to install a minimum of sixty (6o) points of landscaping per five hundred (500) square feet of buffer zone. Commercial 1. sc ''ypc 60 Poinui per 500 Square Feel Iledesuemi 3i t le ts, (III le m EverpircenShrubs x 2 Eloinis 24Paints — 121) 1 Gallon Uoundcovers x i Points 12 Painis ---- 2 Small FverprLmn e ° is 10 Points 20 alio is — i) Swall Dcaduous Shrubs x I P i t Points 'Inial fail i'oinis B. In the case of a master -planned commercial, office park, or mixed-use development the required buffer zone points shall be reduced by fifty percent (50%) for interior tot lines which are platted as part of the overall park/development. No reduction shall be allowed along sections of lot lines which are adjacent to properties not part of the master -planned park or in buffer zones adjacent to the exterior borders of the park, except as noted below. 1. In the case of a master -planned commercial or office park which has installed buffer zone landscaping around the park as a whole, in accordance with section 4-17005, the required buffer zone points per lot shall be zero (0) along sections of lot line which contain existing buffer zone landscaping in accordance with section 4-17005. C. In the case of a commercial or office use type which is immediately adjacent to another commercial or office use type, the minimum required buffer zone points per lot shall be reduced by fifty percent (50%) along any shared sections of the lot lines. v. Industrial use types. A. Industrial use types are required to install a minimum of one hundred twenty (120) points of landscaping per five hundred (500) square feet of buffer zone. Industrial Use Buller 120 Poinis per 500 5()uare, reel Pc*suints Break • G root min — (32) Small Evcr�rneess Shnibs x 1 f'a'int 321 Points 114) Mt-dium t)cc&JtlnPa,s 511rubs x ? Points 23 Point% — (7) hlWium Mviduvus Trees x A Point - 40 Points ---� Q � Small Trani % I Point.& 0116nls 'total 120 11a,1ntS B. In the case of a master -planned industrial or commerce park, the required buffer zone points per lot shall be reduced by fifty percent (50%) for interior lot lines which are platted as part of the overall park. No reduction shall be allowed along sections of lot lines which are adjacent to properties not part of the master -planned park or in buffer zones adjacent to the exterior borders of the park except as noted below. 1. In the case of a master -planned industrial or commerce park which has installed buffer zone landscaping around the park as a whole, in accordance with section 4-19005, the required buffer zone points per lot shall be zero (0) along sections of lot lines which contain existing buffer zone landscaping in accordance with section 4-19005. vi. Miscellaneous use types. A. Miscellaneous use types are required to install a minimum of one hundred twenty (120) points of landscaping per five hundred (Soo) square feet of buffer zone. B. The zoning administrator may administratively waive up to thirty (30) points of landscaping per five hundred (500) square feet for the buffer zone of less intense miscellaneous uses, with a written request, including P ustification, from the applicant. I. waiver requests greater than thirty (30) point per five hundred (500) square feet shall be considered by the board of supervisors following a recommendation by the planning commission. NN 3. Parking zone..,.,. The parking zone is a continuous perimeter buffer, ten (10) feet in width, surrounding the entire parking area, which includes parking spaces and any directly adjacent sidewalks, loading zones, drive aisles, and ingress/egress driveways. Pgarking Zone 60 Points per 500 Square Fect ol'Zone Area Pkin a. Parking zones shall install a minimum of sixty (60) points of landscaping per five hundred (500) square feet of total parking zone area. i, All landscaping points must be installed within the boundaries of the parking zone, except that as close to twenty percent (20%) of points as possible shall be distributed on interior landscaping islands and medians, if applicable. ii. A minimum of twenty percent (20%) of points shall be shrubs. iii. Shrubs shall be a minimum of twenty-four (24) inches in height at the time of installation. iv. Parking zone landscaping shall be distributed across the parking area so that the cumulative effect shall be to provide a minimum of thirty percent (30%) canopy coverage or shading of the parking zone within fifteen (15) years. b. Included within the total required points for the parking zone shall be one (1) large deciduous tree per two thousand (2,000) square feet of impervious area within the parking zone. The parking zone area calculation shall include parking spaces and any directly adjacent sidewalks, loading zones, drive aisles, and ingress/egress driveways. C. Each parking space above the minimum parking space requirements of this ordinance shall require an additional ten (10) landscaping points per space, to be installed 1n the parking zone. i. Each space above the minimum requirements of this ordinance shall be surfaced in permeable materials and shall not be impervious materials as defined in section 2-1002. 11. Landscaping credits, as specified in section 5-1007, shall not be applicable to any landscaping points accumulated for parking spaces above the minimum parking space requirement of this ordinance. d. Landscaping islands a minimum of nine (9) feet wide and eighteen and one-half (18.5) feet long are required at the end of each parking row. Islands at the end of a double row of parking are required to be a minimum of nine (9) feet wide by thirty-seven (37) feet long. i. Additional landscaping islands, a minimum of nine (9) feet wide by eighteen and one-half (18.5) feet long, are required every eight (8) linear spaces to break up long rows of parking. Islands inserted into a double row of 26 parking are required to be a minimum of nine (9) feet wide by thirty-seven (37) feet long. Parking Islands Medio %i i t * A *% nwdkm is pnksaun vW y of i fm Est e. Parking lots shall include no more than four (4) consecutive rows of parking (no more than two (2) double rows of parking) without at least one (1) landscaping median, a Minimum of five (5) feet wide, connecting landscaping islands to break up large parking areas. f. Large parking lots shall be divided into smaller parking fields of no more than one hundred (100) spaces using landscaping medians which are a minimum of fifteen (15) feet wide and including a pedestrian walkway which is at least five (5) feet wide. g. where a parking area is altered or expanded to increase the size to twenty (20) or more vehicle parking spaces and is used regularly for at least five (5) days a week, landscaping for the entire parking area shall be provided, not only for the extent of the alteration or expansion. 4. Foundation zone...... The foundation zone is a continuous area six (d) feet in width around the entire perimeter of the building. Foundation Zone 401 3 as per 150 Square Feet of Zone Area Foundation Zone a. Foundation zones shall install a minimum of thirty (30) points of landscaping per one hundred fifty (15 0) square feet of total foundation zone area. b. Landscaping shall be installed as a continuous bed around all sides of the structure, except that required perpendicular access breaks shall be allowed. C. Landscaping points may be reduced by fifty percent (50%) on any side of a structure which is not visible from an existing or proposed public right- of-way. 5. Screening zone...... The screening zone is a continuous planting area required around all service structures, equipment, and/or outdoor storage 27 yards for the purpose of reducing the impact of the structure or use visually and acoustically. Screening Zone S Points per 10 Linear Feet of perimeter Screening Zone Arra to be Access Measured Point Outer Limits of I Al! Sidcs a. Screening zones shall install a minimum of eight (S) points of landscaping per ten (10) linear feet of perimeter length. b. In the screening zone, solid and semisolid perimeter features such as fences, berms, walls, or other nonorganic elements shall not be included in the calculation of landscaping points. C. The perimeter area of service structures, equipment, and/or outdoor storage yards shall be determined by measurement of the complete outside perimeter of the structure or equipment, including any fencing, and including the distance across access points or entryways. d. Landscaping shall be installed as a continuous screen around all sides of service structures, equipment, and/or outdoor storage yards, except that required access and entry breaks shall be allowed, provided that the points associated with the perimeter area of such breaks are incorporated into the rest of the screening zone. e. Plants must be installed no more than ten (10) feet from the base of service structures, equipment, and/or outdoor storage yards. If service structures, equipment, and/or outdoor storage yards are enclosed by a fence, wall, berm, or other perimeter feature, the required screening points shall be installed within ten (10) feet of the base of such perimeter feature. f. At the time of installation, plant height shall be a minimum of fifty percent (50%) of the total height of the structure or equipment being screened. Sec. 5-1006. - Single-family residential landscaping points table. F-_-1__-__111'_11 I'll,- ........... "I'll,lill""I'll"'ll""I'll""I'll",'ll""I'll""I'll'll""I'll""I'll""I'll""I'll",',l""I . . . ............ . . . I--- Total Square Footage of Proposed Total Landscaping Points Required Residence on Site 'D 1,000 20 Points L001-1,500. ...... . ...... ........... . . . ...... 30 Points 1,501 22000 140 Points 29001 2,500 50 Points !2,501-3,000 1,60 Points 3,001 31500 175 Points 3,501,---4,000 90 Points W 45000- 105 Points Sec. 8-1007. - Landscaping credits. A. Landscaping credits are available for the use of certain environmental practices, as outlined in section 8-1008. Additional practices can be considered by the zoning administrator for credits on a case-by-case basis with documentation of the positive environmental impacts associated with the practice. B. An individual zone may be reduced by no more than fifty percent (50%) of the zone requirement due to landscaping credits, except that the zoning administrator may approve up to an additional ten percent (10%) reduction (not to exceed sixty percent (d0%) in any individual zone) for a design which incorporates outstanding and innovative environmental design above and beyond what is described in this article. C. The required points for a single-family residential lot may be reduced by no more than forty percent (40%) of the whole site total points due to landscaping credits, except that the zoning administrator may approve up to an additional ten percent (10%) reduction for a design which incorporates outstanding and innovative environmental design above and beyond what is described in this article. Sec. 8-1008. - Landscaping credits table. Environmental ! Points Credit Applicable Additional Practice value Zone Requirements 90 points per tree over 8" caliper. Tree -save areas tree preservation ` Credit must be applied groupings, or undisturbed, Buffer in the zone the trees are delineated frontage, located in, except that wetland parking, trees which do not fall :....Tree preservation and areas foundation, into a particular zone ,riparian will be evaluated :screening may be applied to the and may be Angle -family most appropriate zone assigned a credit residential as determined by the value by the whole site zoning administrator or his designee. zoning 1 administrator on a case-by-case basis. 10 points per, 'Parking reduction must space below the be approved by the Parking reduction minimum Parking 'zoning administrator � . i required in the before credit s zoning applicable. ordinance. 1 Deduction requests are c �, within a landscaping ' 1.q A- Permeable 8 points per 162 zone and extend out of foundation, material square feet a landscaping zone frontage (such as walkways between a building and a parking lot) may be applied to the foundation zone only. Maintenance specifications for the technology used shall be included in any required site plans, environmental management plans, and in the BMF maintenance agreement for the site. i o Parking, g 100% nativep lants foundation, As identified by frontage, Credit must be applied ;Virginia 10% reduction in ,buffer, to the zone which the �Department of total points screening. native species are Conservation and Single-family planted in. Recreation residential Whole site Each 1 square Foundation,11 foot of green roof Green roof buffer, equals l point e reduction in the frontag M zone of choice. Solar/geothermal or most g appropriate riate power generation,' 20% reduction in heating, and/or' pints zone, Sin g ' p Single-family g Y residential— Whole -� whole site Credit must be applied to the zone in which the xeriscaping is installed. Not applicable to single-family residential. Credit must be applied in the zone in which the facility is located. Standard detention/retention Foundation ands with or without Innovativep parking fountains] and drainage stormwater management (rain ' buffer, ditches and sales low o 10% 10 , o reduction in frontage, I -I (with or without impact points I screening. vegetation) will not �, develo meat, p Single-family ;qualify for this credit. residential—Maintenance grayater reuse) . , whole site specifications for the technology used shall be included in any ;required site plans, environmental management plans, and 31 U.S. Green Building Council Leadership in Energy and Environmental Desi n g Certification (LEED Rating) Certified rating Silver rating Gold rating Platinum rating 5% reduction in buffer zone,' PLUS 5% reduction in Buffer, foundation zone, foundation, PLUS 5% parking reduction in parking zone points • 10% reduction in buffer zone, PLUS 10% reduction in Buffer, foundation zone, foundation, PLUS 5% parking reduction in ro parking zone's points 15% reduction in buffer zone, PLUS 15% reduction in Buffer, foundation zone, foundation, PLUS 10°a parking reduction In parking zone points . . .. ............... . . . . . ..... . . 20% reduction in buffer zone, PLUS 24°a ... reduction :Buffer, i n foundation zone, j foundation, P PLUS 10°� parking p g reduction in parking zone 32 in the BMP maintenance agreement for the site. �points ��pW�wsinmY'°m/YWY�xl/11�n.�»rvlro,y+ori..U'n`,oL ,,, ,•!!llPr wFA/, ••,•,•,„!!!!!!„„„!'Y!!!!"�6W,�„�„!!'!illr ;. . nrr wvvnma... mmmnmm. -1-1-1-1 y;ymv�i, �,,,,,,: «v„«rrrrrrrurr.. .. .in�uw.rr ri rr rrrrrr.. ..,� .^.M=..y�, wnrvm»vrvrmmmnn'.nnv�mnmmmr'«rnry r,.,, �mii, Earthcraft 115% reduction in Vhole site Single -family Certified . onstructi total site points total points residential only on Sec. 8-1009. - Material and construction standards. A. Plant material standards...... All plant materials shall be in a living, healthy condition and shall be in conformance with the applicable standards of the most recent edition of the 'American Standard for Nursery Stock,' published by the American Association of Nurserymen. It is recommended that indigenous plant materials be utilized in all cases except that alternative species may be used, upon certification from a licensed landscape architect that such species have rated hardiness and growth habit appropriate for the intended location on site. B. Berms and earthforrn standards...... All berms and earthforms required or otherwise proposed for use shall conform to the following standards: I. The maximum side slope shall be three (3) horizontal feet to one (1) vertical foot (3:1) and appropriate erosion and sediment controls are to be utilized during construction. 2. Berms and earthforms shall be designed with physical variations in height and alignment throughout their length. 3. Plant materials shall be installed on berms or earthforms and shall be arranged in an irregular pattern to accentuate the physical variation and achieve a natural appearance. 4. Berms and earthforms shall be located and designed to minimize the disturbance and adverse impact to existing trees located on the site or adjacent thereto. C. Tree protection standards...... Development of land for different uses and intensity of uses may necessitate the removal of trees to accommodate roads, parking, buildings, and facilities. It is the express intent of this section that every effort is made through the design, layout, and construction of development projects to incorporate and preserve as many trees as possible. 1. No person shall cut, destroy, move, or remove any living, disease-free tree of any species having a trunk with a diameter of eight (8) inches or larger, measured four and one-half (4V2) feet from the base, in conjunction with any development of land governed by this ordinance unless and until such removal or destruction has been approved under the provisions of this article. 2. No person shall cut or clear trees for the sole purpose of offering land for sale. Land may be cleared of underbrush ("bushhogged") in preparation for sale or development. 3. If it is determined that trees of eight (S) inches or larger and/or vegetation has been removed without specific approval for such removal in accordance with this ordinance, the zoning administrator shall require the replacement of said trees or vegetation. At a minimum, replacement trees shall meet the specifications of section 5-1004 for large deciduous or evergreen trees. 33 4. All trees which are to be preserved on-site shall be subject to the minimum standards of the most current Virginia Erosion and Sediment Control Handbook. Sec. 8-1010. - Landscape plan approval and implementation. The zoning administrator shall approve all landscape plans meeting the requirements of this article and ordinance, subject to the following: A. No site or development plan required by this ordinance shall receive final approval until such time as the landscaping plan has been duly submitted and approved. B. No certificate of occupancy may be issued by the superintendent of building inspections unless the following items are satisfactorily completed with regard to the approved landscaping plan: 1. Such plan has been completely implemented on the site. 2. Temporary certificate of occupancy. a. When landscaping is required, no certificate of occupancy shall be issued until the required landscaping is completed in accordance with the approved landscape plan. When the occupancy of a structure is desired prior to the completion of the required landscaping, a temporary certificate of occupancy may be issued only if the owner or developer provides a form of surety satisfactory to the county attorney in an amount equal to the costs of labor and materials plus ten percent (10%) contingency allowance satisfactory to the zoning administrator. b. All required landscaping shall be installed within twelve (12) months following the issuance of a temporary certificate of occupancy or the surety described above may be forfeited to the county. This requirement shall not preclude the phasing of landscaping programs for larger development projects, the timing of which shall be approved by the zoning administrator. (7-7-05.) Sec. 8-1011. - Surety requirements. Surety in an amount equal to twenty-five percent (25%) of the cost of materials and installation of landscaping, screening and buffering materials, including fences, shall be provided in a form acceptable to the county attorney, prior to the issuance of a Certificate of occupancy (Co) or final inspection to ensure the landscaping was installed properly and remains healthy. This surety shall be released at the end of two (2) years from the issuance of a final certificate of occupancy or final inspection date, if an inspection shows the landscaping remains healthy. All required landscaping shall be the responsibility of the property owners). All plants damaged by insects, disease, vehicular traffic, acts of God, or vandalism shall be replaced. Sec. -1012. - Maintenance. A. All plant material shall be tended and maintained in a healthy growing condition and free from refuse and debris at all tunes by the owner or his agent. All unhealthy, dying or dead plant materials shall be replaced within one year. Screening and buffering structures, including fences, shall be maintained in a uniform, presentable and fully functioning condition. Failure to maintain required landscaping, screening and buffering improvements shall be considered a violation of the approved plans and provisions of this 34 ordinance and shall be handled in accordance with subsection 1-1013.L5 zoning ordinance violations. B. Tree topping and other forms of extreme crown reduction or unnatural shaping and pruning of trees required by this article shall be prohibited. trees required by this article shall be allowed to grow in a generally natural form. Pruning to remove a safety hazard, to remove dead or diseased materials, or to avoid overhead utility lines or reasonable, seasonal pruning recommended for maintaining growth shall be exempt from this prohibition. O. Trees eight (8) inches in diameter or less which are topped or damaged by excessive pruning shall be replaced with a large deciduous or evergreen tree as specified in section 8-1004. D. Trees greater than eight (8) inches in diameter which are topped or damaged by excessive pruning shall require a professional arborist to develop and carry out a corrective pruning schedule to be approved by the zoning administrator. Sec. 8-2000. - Open space. Sec. 8-2001. - Requirements for open space. A. Open space and recreation shall be as set forth in the underlying zoning district. B. Developed open space shall be designed to provide active and passive recreational facilities, which include such complementary improvements as are necessary and appropriate for the use, benefit, and enjoyment of the residents of the development. C. Undeveloped open space shall be designed to preserve important site amenities and environmentally sensitive lands. D. The owner or developer, and his successors or assigns shall be responsible for maintaining all active or passive open space, common areas, and any improvements or facilities located thereon, required by this ordinance, except those areas, improvements or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. All such areas shall be properly maintained so that they can be used in the manner intended. Required vegetation and trees used for screening, landscaping, or shading are to be replaced if they die or are destroyed. The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin, Orice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. H. Amend and Reenact Chapter 6, Erosion ,and Sedimentation Control County Attorney Popovich provided a brief overview of the amendment proposed for the Ordinance. Chairman Alphin opened the public hearing and called for persons to speak in favor of or in opposition to the proposed amendments. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Acree moved that the following ordinance amendment be adopted as recommended by staff: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 6. EROSION AND SEDIMENT CONTROL. WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia,, has deemed it necessary to update Chapter 6, Erosion and Sediment Control, of the Isle of Wight County Code in order to conform with legislative changes enacted to relevant provisions of the Code of Virginia; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 6, Erosion and Sediment Control, of the Isle of Wight County Code be amended and reenacted as follows: CHAPTER 6. EROSION AND SEDIMENT CONTROL. Article I. - In General. Sec. 6-1. - Purpose of chapter. The purpose of this chapter is to provide for, both during and following development, the control of erosion and sedimentation, and to establish procedures for the administration and enforcement of such controls. It is the intent of this chapter to be an adjunct to Appendix A and Appendix B of this Code wherein such apply to the development and subdivision of land within the county or such apply to development on previously subdivided land within the county. (4-19-07-, • Sec. 6-2. - Relationship to the Chesapeake Bay Preservation Area ordinance and the Stormwater Management ordinance. Any development or development activity, as defined in Section 3002.F of the Chesapeake Bay Preservation Area ordinance or in Section 14A-8 of the Stormwater Management ordinance, on a lot, parcel or tract of land under the jurisdiction of said ordinance shall be in compliance with the provisions of this chapter, the Chesapeake Bay Preservation Area ordinance, or the Stormwater Management Ordinance whichever is more restrictive. (4-19- 07; .) w Sec. 6-3. - Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Administrator.'\ The official designated by the board of supervisors to serve as its agent to administer this chapter. The administrator is also referred to in this chapter as the program administrator. Agreement in lieu of a plan.\ A contract between the plan -approving authority and the owner or his designee, which specifies conservation measures and/or methods that shall be implemented in the construction, development or improvement of a residential lot; this contract may be executed by the plan -approving authority in lieu of a formal site plan. Applicant.N, Any person submitting an erosion and sediment -control plan for approval or requesting the issuance of a permit, when required, authorizing land -disturbing activities to commence. Board." The State water Control Board. Certified inspectorA An employee or agent of a program authority who (i) holds a certificate of competence from the board in the area of project inspection or (ii) is enrolled in the board's training program for project inspection and successfully completes the program within one year after enrollment. Certified plan reviewerA An employer or agent of a program authority who (i) holds a certificate of competence from the board in the area of plan review, or (ii) is enrolled in the board's training program for plan review and successfully completes the program within one year after enrollment, or (iii) is licensed as a professional engineer, architect, certified landscape architect or land surveyor as defined pursuant to Article I (section 45.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia, as amended, or professional soil scientist as defined in Section 54.1-2200. Certified program administratorA An employee or agent of a program authority who (i) holds a certificate of competence from the board in the area of program administration or (ii) is enrolled in the board's training program for program administration and successfully completes the program within one year after enrollment. Clearing.\ Any activity which removes the vegetative ground cover 4. including, but not limited to, root mat removal or topsoil removal. Departments or DEQ. The Virginia Department of Environmental Quality. District , or Peanut Soil and Nater Conservation District. A political subdivision of this Commonwealth organized in accordance with the provisions of Article 3 (section 10.1-506, et seq.) of Chapter 5 of Title 10.1 of the Code of Virginia as amended. Erosion and Sediment Control Plan.\ A document containing material for the conservation of soil and water resources of a lot or group of lots of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations, and a record of 37 decisions contributing to conservation treatment. The "Plan" shall contain all major conservation decisions to assure that the entire lot or lots of lands will be so treated to achieve the conservation objectives. Erosion impact areaA An area of land not associated with current land - disturbing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land 10,000 square feet or less used for residential purposes or shorelines where erosion results from wave action or other coastal processes. ExcavatingA Any digging, scooping or other methods of removing earth material. FillingA Any depositing or stockpiling of earth materials. Grading. Any excavating or filling of earth materials or any combination thereof, including the land 'in its excavated or filled condition. Land -disturbing activltyC" Any man-made change to the land surface that may result in soil erosion from water or wind and movement of sediments into state waters or onto lands in the Commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land, except that the terms shall not include: 1. Minor land -disturbing activities such as home gardens and individual home landscaping, repairs and maintenance work; 2. Individual service connections; 3. Installation, maintenance or repair of any underground public utility lines when such activity occurs on an existing hard -surfaced road, street or sidewalk provided the land -disturbing activity is confined to the area of the road, street or sidewalk which is hard -surfaced; 4. Septic tank lines or drainage fields, unless included in an overall plan for land -disturbing activity relating to construction of the building to be served by the septic tank system; 5. Surface or deep mining activities authorized under a permit issued by the Department of Mines, Minerals and Energy; 6. Exploration or drilling for oil and gas, including the well site, roads, feeder lines and off-site disposal areas; 7. Tilling, planting or harvest of agricultural, horticultural or forest crops, or livestock feedlot operations, including engineering operations and agricultural engineering as follows: construction of terraces, terrace outlets, check darns, desilting basins, dikes, ponds not required to comply with the Dam Safety Act, Article 2, (Sec. 10.1.604 et seq.) of Chapter 6, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (Sec. 10.1-1100 et seq.) of this title or is 6 converted to bona fide agricultural or improved pasture use as described in subsection B of Section 10.1-11 63; S. Repair or rebuilding of the tracks, right-of-way, bridges, communication facilities and other related structures and facilities of a railroad company; 9. Disturbed land area of less than 10,000 square feet in size or 2,500 square feet in the Chesapeake Bay watershed. 10. Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles; 11. Shoreline erosion control projects on tidal waters when all of the land disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Marine Resources Commission or the United States Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to this article and the regulations adopted pursuant thereto; and 12. Emergency work to protect life, limb or property, and emergency repairs; however, if the land -disturbing activity would have required an approved erosion and sediment control plan if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the plan -approving authority. Land -disturbing permit.\ For purposes of this chapter, a permit issued by the county in accordance with Chapter 14A of the Isle of Wight County Code. Local erosion and sediment control program or local control program. An outline of the various methods employed by a district or locality to regulate land -disturbing activities and thereby minimize erosion and sedimentation in compliance with the State Program and may include such items as local ordinances, policies and guidelines, technical materials, inspection, enforcement and evaluation. Natural channel design concepts.\ The utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flogs to access its bankfull bench and its floodplain. Owner.\ The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property. Peak flow rateA The maximum instantaneous flow from a given storm condition at a particular location. Permittee.\ The person to whom the permit authorizing land -disturbing activities is issued or the person who certifies that the approved erosion and sediment control plan will be followed. Person., Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or 39 private institution, utility, cooperative, county, city, town, or any other political subdivision of the Commonwealth, any interstate body, or any other legal entity. Plan approving authority. Shall mean the County of Isle of Wight Utility Services Department, as may be assisted by consulting services, responsible for determining the adequacy of a conservation plan submitted for land - disturbing activities on a lot or lots of lands and for approving the plan. Program authorityA The County of Isle of Wight, which has adopted a soil erosion and sediment control program that has been approved by the board. Residential lotA For the purposes of this chapter, a parcel of land used primarily for occupancy by one family. Responsible land disturberA cleans individual from the project or development team, who will be in charge of and responsible for carrying out land -disturbing activity covered by an approved plan or agreement in lieu of a plan, who (i) holds a responsible land disturber certificate of competence, (ii) holds a current certificate of competence from the board in the areas of combined administration, program administration, inspection, or plan review, (iii) or is licensed in Virginia as a professional engineer, architect, certified landscape architect or land surveyor as defined pursuant to Article 1 (Sec. 45.1-400 et seq.) of Chapter 4 of Title 54.1. Runoff volumeA The volume of water that runs off the land development project from a prescribed storm event. State Erosion and Sediment Control Program\ or State Program. The program administered by the Board pursuant to the State Code including regulations designed to minimize erosion and sedimentation. State watersA All waters on the surface and under the ground wholly or partially within or bordering the Commonwealth or within its jurisdictions. Subdivision." For the purposes of this chapter, this term shall have the same meaning as set forth in Appendix A of the Isle of Wight County Code. Town.\ An incorporated town. Transporting.` Any moving of earth materials from one place to another, other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover, either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such transporting occurs. Water quality volumeA, The volume equal to the first one-half inch of runoff multiplied by the impervious surface of the land development project. (4-19-07; 11- 11-0 S; .} Sec. 6-4. - Local Erosion and Sediment Control Program. In accordance with Section 62.1-44.15:52 of the Code of Virginia (1950, as amended), stream restoration and relocation projects that incorporate natural channel design concepts are not man-made channels and shall be exempt from any flow rate capacity and velocity requirements for natural or man-made channels. In as much as the local erosion and sediment control program for Isle of Wight County was adopted prior to July 1, 2014, and pursuant to Section 62.1-44.15:52 of the Code of Virginia (1950, as amended), any land - disturbing activity that provides for stormwater management intended to address any flow rate capacity and velocity requirements for natural or man- made channels shall satisfy the flow rate capacity and velocity requirements for natural or man-made channels if the practices are designed to (i} detain the water quality volume and to release it over 48 hours; (ii) detain and release over a 24-hour period the expected rainfall resulting from the one year, 24-hour storm; and (iii) reduce the allowable peak flow rate resulting from the 1.5- year, two -gear, and 10 -year, 24-hour storms to a level that is less than or equal to the peak flow rate from the site assuming it was in a good forested condition, achieved through multiplication of the forested pear flow rate by a reduction factor that is equal to the runoff volume from the site when it was in a good forested condition divided by the runoff volume from the site in its proposed condition, and shall be exempt from any flow rate capacity and velocity requirements for natural or man-made channels as defined in regulations promulgated pursuant to Sections 62.1-44.15;54 or 62.1-44.15:65 of the Code of Virginia (1950, as amended). Pursuant to Section 62.1-44.15:54 of the Code of Virginia (1950, as amended), the Isle of Wight County Board of Supervisors hereby adopts the regulations, references, guidelines, standards and specifications promulgated by the board for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources. Said regulations, references, guidelines, standards and specifications for erosion and sediment control are included in, but not limited to, the "Virginia Erosion and Sediment Control Regulations" and the Virginia Erosion and Sediment Control Handbook, as amended. Before adopting or revising regulations, the county board of supervisors shall give due notice and conduct a public hearing on the proposed or revised regulations. Pursuant to Section 62.1-44.15:53 of the Code of Virginia, an erosion control plan shall not be approved until it is reviewed by a certified plan reviewer. Inspections of land -disturbing activities shall be conducted by a certified inspector. The Erosion Control Program of Isle of Wight County shall contain a certified program administrator, a certified plan reviewer, and a certified inspector, who may be the same person, or an individual or consulting firm under contract with the county. The Isle of Wight County Board of Supervisors hereby designates the Utility Services Department as the plan --approving authority under the direction of the administrator. The program and regulations provided for in this chapter shall be made available for public inspection in the Utility Services Department. (4-19-07; 11-11-05; ,} Sec. 6-5. - Duties of administrator. Administration, inspection and enforcement of this chapter shall rest with the administrator. (4-19-07.) Sec, 6-6. - Administrative appeal and judicial appeals. Final decision of the administrator or plan approving authority under this chapter shall be subject to judicial review in the Isle of Wight County Circuit Court, provided that an appeal is filed within 30 days from the date of any written decision adversely affecting the rights, duties, or privileges of the person engaging in or proposing to engage in land -disturbing activities. Article II. - Plans. Sec. 6-7. - Required. Except as provided for in section 6-3, pertaining to definitions, no person may engage in any land -disturbing activity until such person has submitted to the Utility Services Department an erosion and sediment control plan for the land disturbing activity and such plan has been approved by the plan - approving authority. Where the land disturbing activity results in the improvement or development of a residential lot, an "agreement in lieu of a plan" may be substituted for an erosion and sediment control plan if executed by the plan - approving authority. An agreement in lieu of a plan for any lot under the jurisdiction of the Chesapeake Bay Preservation Area Ordinance shall include the name, certification number and contact information of a responsible land disturber. Where land -disturbing activities involve lands under the jurisdiction of more than one local control program, an erosion and sediment control plan may, at the option of the applicant, be submitted to the board for review and approval rather than to each jurisdiction concerned. (4-19-07; ,} Sec. 6-8. -- Form and contents. Erosion and sediment control plans shall detail those methods and techniques to be utilized in the control of erosion and sedimentation. As a minimum, the erosion and sediment control plan shall follow the minimum criteria of the Virginia Erosion and Sediment Control Law (Title 62.1, Chapter 3.1, Article 2.4, Code of Virginia) and accompanying regulations. The standards contained within the "Virginia Erosion and Sediment Control Regulations", the "Virginia Erosion and Sediment Control Handbook"and the "Virginia Stormwater Management Handbook", as may be amended, shall be used by the applicant when making a submittal under the provisions of this chapter and in preparation of an erosion and sediment control plan. The plan approving authority, in considering the adequacy of a submitted plan, shall be guided by the same standards, regulations and guidelines. when standards vary between publications, the state regulations shall take precedence. (4-19-07; ,} 42 Sec. 6-9. - Submission. Five copies of the erosion and sediment control plan shall be submitted to the administrator through the central permitting office of Isle of Night County. (4-19-07; .} Sec. 6-10. - Approval, etc. The plan -approving authority shall, within 45 days, approve any such plans, if It is determined that the plan meets the requirements of the local control program, and if the person responsible for carrying out the plan certifies that he or she will properly perform the erosion and sediment control measures included in the plan and will conform to the provisions of this chapter. The plan shall be acted upon within 45 days from receipt thereof by either approving said plan in writing or disapproving said plan in writing with specific reasons for its disapproval. When the plan is determined to be inadequate, the plan -approving authority shall specify such modifications, terms and conditions that will permit approval of the plan. If no action is taken within 45 days, the plan shall be deemed approved and the person authorized to proceed with the proposed activity. In order to prevent further erosion, the administrator may require approval of a plan for any land identified in the local program as an erosion impact area. When land -disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission, and approval of an erosion and sediment control plan shall be the responsibility of the owner. Electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies and railroad companies shall, and authorities created pursuant to Section 15.2-5102 of the Code of Virginia (1950, as amended) may, file general erosion and sediment control standards and specifications annually with the board for review and written comments. The specifications shall apply to: 1. Construction, installation or maintenance of electric transmission, natural gas and telephone utility lines and pipelines, and water and sewer lines: and 2. Construction of the tracks, rights-of-way, bridges, communication facilities and other related structures and facilities of the railroad company. Individual approval of separate projects within subdivision 1 or 2 of this subsection is not necessary when board -approved specifications are followed; however, projects included in subdivisions 1 or 2 must comply with board - approved specifications. Projects not 'Included in subdivision 1 and 2 of this subsection shall comply with the requirements of the Isle of Wight County Erosion and Sediment Control Program. 43 In accordance with the procedure set forth by Section 62.1-44.15:55(E) of the Code of Virginia (1950, as amended), any person engaging in the creation and operation of wetland mitigation banks in multiple jurisdictions, which have been approved and are operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of mitigation banks, pursuant to a permit issued by the Department of Environmental Quality, the Marine Resources Commission, or the U.S. Army Corps of Engineers, may, at the option of that person, file general erosion and sediment control specifications for wetland mitigation banns annually with the board for review and approval consistent with guidelines established by the board. State agency projects are exempt from the provisions of this chapter except as provided for in the Code of Virginia, Section 62.1-44.15:56 (1950, as amended). State agency projects are reviewed and approved by DEQ. (4- 19-07; 11-11-05; Sec. 6-11. - Amendments. An approved plan may be changed by the authority that approved it in the following cases: 1. where inspection has revealed that the plan is inadequate to satisfy applicable regulations; or 2. where the person responsible for carrying out the approved plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this chapter, are agreed to by the plan -approving authority and the person responsible for carrying out the plan. {4-19-07; .} Article II1. - Land -Disturbing Permit. Sec. 6-12. - Prerequisite bond, etc. All control measures required by the provisions of this chapter shall be undertaken at the expense of the owner or his agent, and pending such actual provision thereof, the owner or his agent shall execute and file with the administrator, prior to 'issuance of the land disturbing permit, an agreement and bond or agreements and bonds in an amount determined by the administrator equal to the approximate total cost of providing erosion and sedimentation control improvements plus 25 percent, with surety approved by the county attorney, guaranteeing that the required control measures will be properly and satisfactorily undertaken. A surety administration fee, as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the board of supervisors, as it may be amended, shall be paid prior to issuance of the land disturbing permit. The administrator may waive the surety administration fee. Within 60 days of the adequate stabilization of the land -disturbing activity, as determined by the permit -issuing authority, such bond, cash escrow letter of credit or other legal arrangement or the unexpended or unobligated portion thereof shall be refunded to the owner or his agent or terminated, as the case may be, upon written request of the applicant. Should the applicant fail, after proper notice, within the time specified to initiate or maintain appropriate conservation action, which may be required of him by the approved plan as a result of his land -disturbing activity, the permit -issuing authority may take such conservation action at the applicant's expense. If the permit -issuing authority takes such conservation action upon such failure by the permittee, the agency may collect from the permittee an amount equal to the difference between the amount of the reasonable cost of such action and the amount of the security held. (4-19-07; 5-1- 14; .} Sec. 6-13. - Issuance; fees. No person shall engage in any land -disturbing activity, as defined in section 6-3, within the county until he has acquired a land disturbing permit and paid a fee for same to the county an amount as shall be set forth in the Isle of Wight County Uniform Fee Schedule, as adopted by the board of supervisors, as it may be amended, per acre of land disturbed. No land - disturbing permit shall be issued until the applicant submits with his application, an approved erosion and control plan and certification that the plan will be followed. Agencies authorized under any other law to issue grading, building or other permits for activities involving land -disturbing activities may not issue any such permit unless the applicant submits with his application an approved erosion and sediment control plan and certification that the plan will be followed. Issuance of a land disturbing permit is conditioned on receiving an approved erosion and sediment control plan and certification that the plan will be followed at the time of application for such permit and, in addition, the requirements of section 6-12 concerning a performance bond, cash escrow, letter of credit, any combination thereof, or such other legal arrangement as is acceptable under the provision of section 6-12 and to the fees herein levied for land -disturbing activities. In addition, as a prerequisite to issuance of a land disturbing permit, the person responsible for carrying out the plan shall provide the name of the responsible land disturber, who shall be in charge of and responsible for carrying out the land -disturbing activity, in accordance with the approved plan. An engineering services agreement, as adopted by the board of supervisors, shall be executed at the time of filing erosion and sediment control plans. These requirements are in addition to all other provisions related to the issuance of permits and are not intended to otherwise affect the requirement for such permits. (4-19-07; 5-1-14; .} Sec. 6-14. Right to entry; Monitoring, reports and inspections. ER The administrator or his designee shall have the right, at reasonable times and under reasonable circumstances, to enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this chapter. Further, and in accordance with section 6-12, the administrator or his designee may also enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions that are required by the permit conditions associated with a land -disturbing activity when a permittee, after proper notice, has failed to take acceptable action within the time specified. The administrator or his designee shall provide for periodic inspections of the land -disturbing activity and may require monitoring and reports from the responsible land disturber or other person responsible for carrying out the plan to insure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sediment. An inspection shall be made during or immediately following the initial installation of erosion and sediment controls, at least once in every two-week period,, within forty-eight hours following any runoff -producing storm event, and at the completion of the project prior to the release of any performance bonds. In lieu of these inspections, inspections may be made in accordance with the county's alternative erosion and sediment control inspection program, as approved by the Virginia Soil and Nater Conservation Board. The program authority's right to entry to conduct such inspections shall be expressly reserved in the permit. The owner, occupier or operator shall be given an opportunity to accompany the inspector. If the administrator or his designee determines that there is a failure to comply with the plan, notice shall be served upon the applicant or person responsible for carrying out the plan by registered or certified mail to the address specified in the permit application or in the plan certification, or by delivery at the site of the land - disturbing activities to the agent or employee supervising such activities. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. Upon failure to comply within the specified time, the permit may be revoked and the permittee or person responsible for carrying out the plan shall be deemed to be in violation of this chapter and, upon conviction, shall be subject to the penalties provided by this chapter. Upon determination of violation of this chapter, the administrator or his designee either may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue an order requiring that all or part of the land -disturbing activities permitted on the site be stopped until the specified corrective measures have been taken. Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, such an order may be issued without regard to whether the permittee has been issued a notice to comply as specified in this chapter. otherwise, such an order may be issued only after the applicant has failed to obey a previous ER notice to comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven days from the date of service pending application by the county or permit holder for appropriate relief to the Circuit Court of Isle of Wight. Upon completion of corrective action, the order shall immediately be lifted. Nothing in this section shall prevent the administrator or his designee from taking any other action authorized by this chapter. (4-19--07.) Sec. 6-15. — Violation; Injunctions and other legal action. (a) Violators of sections 6-10 and 6-14 shall be guilty of a Class 1 misdemeanor. (b) Any person who has violated or failed, neglected, or refused to obey any condition of a permit, or any provision of this chapter, shall, upon a finding of the General District Court of the county, be assessed a civil penalty. The civil penalty for any one violation shall be $100, except that the civil penalty for commencement of land -disturbing activities without an approved plan or an approved agreement in lieu of a plan shall be $1,000. Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of $3,000, except that a series of violations arising from the commencement of land -disturbing activities without an approved plan or an approved agreement in lieu of a plan for any site shall not result in civil penalties which exceed a total of $10,000. (c) The administrator or his designee, or the owner of property which has sustained damage or which is in imminent danger of being damaged, may apply to the Circuit Court of Isle of Wight County to enjoin a violation or a threatened violation of this chapter, without the necessity of showing that an adequate remedy at law does not exist. However, an owner of property shall not apply for injunctive relief unless (i) he has notified in writing the person who has violated this chapter, and (ii) neither the person who has violated this chapter nor the administrator has taken corrective action within fifteen days to eliminate the conditions which have caused, or create the possibility of causing, damage to his property. (d) without limiting the remedies which may be obtained in this section, any person violating or failing, neglecting or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed $2,000 for each violation. A civil action for such violation or failure may be brought by the county. Any civil penalties assessed by a court shall be paid into the treasury of the county, except where the violator is the locality itself, or its agent, the court shall direct the penalty to be paid into the state treasury. (e) with the consent of any person who has violated or failed, neglected or refused to obey any regulations or condition of a permit or any provision of this chapter, the county may provide for the payment of civil charges for violations in specific sums, not to exceed $2,000 for each violation. The administrator or his designee shall establish a schedule enumerating 47 the violations and the associated civil charges. Such civil charges shall be instead of any appropriate civil penalty. (f) Compliance with the provisions of this chapter shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion, siltation or sedimentation that all requirements of law have been met, and the complaining party must shove negligence in order to recover any damages. (g) Nothing herein shall prevent the administrator from or be a prerequisite to the administrator or his designee taking any other action allowed by law or equity to remedy noncompliance with this chapter. (4-19-07; Ord. No. 2010-13-C, 8-19-10, .} The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin, trice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. COUNTY ADMINISTRATOR'S REPORT A. Mood 's Investors Service Affirmation ofCoun Bond Ratin The Board received notification from the Interim County Administrator of oody's Investors Service affirmation of the County's excellent credit rating of Aa2 due to notable credit strengths in the areas of tax base, healthy fund balance, implementation of a three-year plan to address a structural unbalance and strong fiscal management. Factors leading to a rating upgrade and downgrade for the County were also identified. B. Quarterly Financial Report for 3rd Quarter of FY20 16 Mr. Terry distributed a report and delivered an overview on the status and implications of the County's financial performance for the 3rd quarter ended FY2016. The following matters contained in the agenda were highlighted for the Board's information; Monthly Reports for Tax Levies & Collections, Cash Position and Statement of the Treasurer's Accountability; the Isle of Wight County Monthly Fire/Emergency Medical Services (ELVIS) Report - Incidents by Zone; the Isle of Wight website Statistics; a Solid waste Division Litter Pickup; an Isle of Wight Extension Report; the Planning Commission's 2015 Annual Report; and, information relative to the Adopt -a -Highway Program. UNFINISHED BUSINESS A. Proposed Changes to Convenience Center Operatiniz Hours Tony Wilson, Director of Public works, provided an overview of a proposed alternate schedule of operating hours for the County's convenience centers as 48 recommended by the Board's Public works Committee in an effort to address public concerns with the current operating hours, be less confusing and be more consistent for citizens. The Board discussed this issue with respect to the importance of operational hours being convenient and less confusing for the public while being fiscally responsible; the potential for confusion which could be created by changing the operational hours again; Chairman Alphin and Supervisor Jefferson voiced concern with the proposed opening of the centers at raid -day and the public having to adjust to another change in schedule when they have just adjusted to the existing schedule. Noting the approaching hour of 11:00 p.m. and in adherence of the Board's By -Laws, Supervisor McCarty moved that the meeting be extended which was adopted by a vote of (5-0) with Supervisors Acree, Alphin, Crice, Jefferson and McCarty voting in favor of the motion and no Supervisors voting against the motion. Supervisor McCarty moved that the new operating hours recommended by the Board's Public works Committee be approved and that the convenience centers be renamed "Refuse and Recycling" Centers. The motion was adopted by a vote of (4-1) with Supervisors Acree, Grice, Jefferson and McCarty voting in favor of the motion and Chairman Alphin voting against the motion. B. Update/Use & Support Agreement with the Southeastern Public Service Authority The Board received an update from County Attorney Popovich on the Use & Support Agreement between the County and the Southeastern Public Service Authority. NEW BUSINESS C. Payment of the Nike Park Stormater Im rovement Project Chan e Order Mr. Jennings presented a request to pay a $14,331 change order to the contractor who performed work on the Nike Park Stormater Improvement project which was facilitated by a design error made by the consultant in the plans with regard to the depth of the retention ponds. Supervisor Acree moved that staff be authorized to pay $14,331 as final compensation to the contractor. The motion was adopted by a vote of (5-o) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no Supervisors Voting against the motion. EE The issue of an Isle of Wight County Business Affirmation Committee added under the approval of the agenda was withdrawn from discussion at the request of Supervisor McCarty who indicated that the Interim County Administrator will be looking into this matter. ADJOURNMENT At 11:20 p.m., the meeting was declared adjourned by Chairman Alphin. --- --- - -- - �. Carey Mills86rm, Clerk WE 9 �W4 Rex W. Alphin,, Chairman