10-20-2016 Regular MeetingREGULAR SCHEDULED MEETING OF THE ISLE OF WIGHT COUNTY
BOARD OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR.
BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE ON
THURSDAY, THE TWENTIETH DAY OF OCTOBER 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
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County
Administrator
Carey Mills Storm, Clerk
CALL TO ORDER/CLOSED MEETING
At 5:00 p.m., the meeting was called to order by Chairman Alphin and the
following matters were identified for discussion during closed meeting by
County Attorney Popovich: Pursuant to Section 2.2-3711(A)(1) of the Code
of Virginia concerning discussion regarding the appointment of specific
appointees to County boards/committees/authorities and under Section 2.2-
3711(A)(7) concerning consultation with legal counsel regarding actual
litigation with International Paper where such consultation would adversely
affect the negotiating or Iitigation posture of this public body.
Supervisor Jefferson moved that the Board enter the closed meeting for the
reasons stated by County Attorney Popovich. 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.
At 6:00 p.m., Supervisor Acree moved that the Board return to open meeting.
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.
Supervisor Jefferson 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
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certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters Iawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Acree, Alphin, Grice, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATIONIPLEDGE OF ALLEGIANCE
Supervisor Acree delivered the invocation, followed by the Pledge of
Allegiance to the American Flag.
APPROVAL OF AGENDA
Supervisor McCarty moved that the agenda be adopted with the following
amendments which passed unanimously (5-0) with Supervisors Alphin,
Jefferson, Acree, Grice and McCarty voting in favor of the motion and no
Supervisors voting against the motion:
Under Special Presentations, add a presentation by Herb DeGroft
relative to the Senior Services of Southeastern Virginia organization;
Under New Business, add discussion of a request for funding in the
amount of $8,000 for the Rushmere Volunteer Fire Department;
Under New Business, add discussion of facility use agreements and
creation of a technology policy to govern internet uses within the
County's fire and rescue departments;
Under the Consent Agenda, remove Item (A), Resolution to Amend the
Standard Operating Procedures for the Declaration of Surplus Property.
CITIZENS' COMMENTS
Brandon Jefferson, Chief of the Rushmere Volunteer Fire Department,
requested an increase in funds for that Department noting that expenditures
have been $12,559.67 more than revenue for the first quarter of this year.
Jose Hernandez distributed a list of questions and requested a status report of
same.
Robert Fry, Western Tidewater Free Clinic, recognized the past financial
support of the Board and expressed his desire for a continued partnership
with the County.
Herb DeGroft, Mill Swamp Road, recommended staff meet with VDOT to
discuss the Nike Park walking trail with respect to whether or not it should be
placed on hold or should be moved forward.
Supervisor McCarty addressed Mr. Hernandez's concern with language on
bills issued by the Treasurer's office advising that such language has been
changed from "delinquent" to "past due."
Chairman Alphin recognized the contributions of the Western Tidewater Free
Clinic.
Supervisor Acree apologized for placing staff on the spot at a previous
meeting by asking them to respond to a concern expressed by a citizen
without first notifying the staff member of that concern.
CONSENT AGENDA
A. August 18, 2016 Regular Meeting Minutes
B. September 15, 2016 Regular Meeting Minutes
Supervisor McCarty moved that the August 18, 2016 and September 15,
2016 minutes be approved. The motion passed unanimously (5-0) with
Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in favor of
the motion and no Supervisors voting against the motion.
Following discussion on Item (A), Resolution to Amend the Standard
Operating Procedures for the Declaration of Surplus Property, regarding
visibility of surplus items and amounts being authorized, Supervisor Grice
moved that the following Resolution be adopted with the provision that items
sold be reported back to the Board:
RESOLUTION TO AMEND CHAPTER 2, FINANCIAL AND
ACCOUNTING, ARTICLE I, CENTRAL PURCHASING, SECTION 1.1,
PROCUREMENT AUTHORITY, OF THE COUNTY POLICY MANUAL
WHEREAS, the County has established policies and procedures to be
followed relative to procurement laws, policies, and procedures under
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Chapter 2 Financial and Accounting, Article I, Central Purchasing of the
County Policy Manual; and,
WHEREAS, the Board of Supervisors desires to revise and amend Chapter 2
Financial and Accounting, Article I, Central Purchasing to authorize the
County Administrator to declare all supplies, materials and equipment which
are no longer used or which have become obsolete, worn or scrapped as
surplus as appropriate.
NOW, THEREFORE, BE IT RESOLVED that Chapter 2 Financial and
Accounting, Article I, Central Purchasing is hereby revised and amended as
follows:
Chapter 2: Financial and Accounting
ARTICLE I
Central Purchasing
(Adopted December 4, 1975; Revised April 6, 2000; Revised June 19, 2003;
Revised October 16, 2003; Revised October 21, 2004; Revised October 2,
2008; Revised June 11, 2008; Revised April 15, 2010; Revised May 27, 2010;
Revised December 20, 2012; Revised March 20, 2014; Revised May 15,
2014; Revised October 15, 2015, Revised June 9, 2016)
DIVISION 1. — GENERALLY
Section 1.0
Introduction
This policy serves as the County's procurement Iaws, policies and
procedures. The County is anxious to meet your procurement needs. If you
have any questions that are not answered by this policy or need further
clarification, please contact us at:
County of Isle of Wight
Budget & Finance
Purchasing Division
17090 Monument Circle, Suite 137
P. O. Box 80
Isle of Wight, Virginia 23397
Telephone: (757) 365-6273
Fax: (757) 365-4579
Section 1.1
Procurement Authorit
The County Administrator shall serve as the principal purchasing official for
the County and shall assign administrative duties or functions to the
designated staff in the Purchasing Division. Except as otherwise provided in
this article, no official, elected or appointed, or employee shall purchase, or
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contract for any goods, services, insurance or construction within the purview
of this article other than permitted under the provisions of this article.
1. Authority, Responsibilities and Duties of the CountyAdministrator
Except as provided in the following sections of this chapter, or as other
specifically provided by the Board of Supervisors, the County Administrator
shall have the authority and responsibility to:
a. Establish regulations and procedures, consistent with this
policy, governing the procurement, management, control,
and disposal of any and all goods, services, and
construction to be procured by the County;
b. To declare all supplies, materials and equipment which are
no longer used or which have become obsolete, worn or
scrapped as sujplits as appropriate.
c. Consider and decide matters of policy within the provisions
of this policy;
d. Exercise authority over the award or administration of any
particular contract, or over any dispute, claim, or Iitigation
pertaining thereto, with appropriate consultation with the
County's legal counsel as necessary.
e. Delegate authority, or revoke delegated authority, such
authority as may be deemed appropriate to designees or to
the head of any department or using Department. Such
delegation shall be in writing and shall specify any limits of
restriction.
The motion passed unanimously (5-0) with Supervisors Alphin, Jefferson,
Acree, Grice and McCarty voting in favor of the motion and no Supervisors
voting against the motion.
REGIONAL & INTER -GOVERNMENTAL REPORTS
County Administrator Keaton reported that the Hampton Roads Planning
District Commission had approved Option "A" for submittal to the
Commonwealth Transportation Board to be funded with money already set
aside and within the 2040 timeframe.
Supervisor Jefferson reported on renegotiations of a maintenance contract for
the Western Tidewater Regional Jail related to energy conservation efforts;
ongoing efforts to assist mentally ill inmates; and, utilization of inmates.
Supervisor Grice reported that the Western Tidewater Water Authority had
continued negotiations on groundwater Iimits and restrictions proposed by
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the Department of Environmental Quality and reassessment by County staff
of completion and water volumes via Route 460 and Route 10 extensions.
County Administrator Keaton reported the Southeastern Public Service
Authority had taken action to conduct a public hearing at its next meeting for
consideration of reducing the tipping fee from $125 per ton to $120 per ton,
effective November 1, 2016, which is anticipated to produce a savings to the
County in the amount of $55,000 for the remainder of this fiscal year and
$80,000 annually.
APPOINTMENTS
There were no appointments offered.
SPECIAL PRESENTATION/APPEARANCE
Danny Byrum, Fair Committee Chairman, reported on the success of the
2016 County Fair.
Jerry Kee, VDOT, reported on damages to County roadways during
Hurricane Matthew, followed by a report on repairs/maintenance and
ditching efforts undertaken by VDOT to roadways previously identified by
the Board.
Board concerns were relayed regarding the new intersection at Benn's
Church Boulevard; closure of southbound lanes on the James River Bridge
during Hurricane Matthew; congestion created by stop lights on Route 17;
closure of the major roadways leading into and out of the County during
Hurricane Matthew; detour at the Carrsville Bridge; and, flooding in Walters
which prevented vehicular passage.
Herb DeGroft introduced Evelyn McCullough, Senior Services of
Southeastern Virginia and distributed a handout on services provided by that
organization. An invitation to the Board to attend an upcoming workshop for
seniors was extended.
COUNTY ATTORNEY'S REPORT
County Attorney Popovich presented an addendum to the Memorandum of
Agreement with the Sheriff's Department for that Department's personnel to
utilize P -cards in accordance with the County's policy.
Supervisor Grice moved to authorize the Chairman to execute the addendum
on behalf of the Board which passed unanimously (5-0) with Supervisors
Alphin, Jefferson, Acree, Grice and McCarty voting in favor of the motion
and no Supervisors voting against the motion.
PUBLIC HEARINGS
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A. Application of Mark Stevenson, Applicant, on Behalf of Hope
Presbyterian Church, Owners, for a Change in Zoning Classification
from Rural Agricultural Conservation (RAC) to Conditional Rural
Residential (C -RR) of Approximately 11.34 Acres of Land Located on
the West Side of Great Spring Road, between Fox Ridge Lane and
Stallings Lane, Smithfield, in the Hardy Election District for
Residential Use.
Supervisor Grice advised that he would be abstaining from voting on the
application as he currently serves as a Trustee for Hope Presbyterian Church.
Trent Blow, Planner, provided background information on the application, its
strengths and weaknesses and the Planning Commission's and staff's
recommendation to the Board.
Chairman Alphin called for persons to speak in favor of or in opposition to
the matter.
Mark Stevenson, applicant, spoke in favor of the Board's approval of the
application and notified the Board that currently there is a prospective buyer
interested in building a single residence on the property.
Chairman Alphin closed the public hearing and called for comments from the
Board.
Supervisor Acree moved that the application be approved which passed
unanimously (4-0-1) with Supervisors Alphin, Jefferson, Acree and McCarty
voting in favor of the motion; no Supervisors voting against the motion; and
Supervisor Grice abstaining from voting on the application.
B. An Ordinance to Amend and Reenact the Machinery and Tools Tax
Rate
Chairman Alphin called for persons to speak in favor of or in opposition to
the proposed Ordinance amendment.
Upon no one appearing to speak, Chairman Alphin closed the public hearing
and called for comments from the Board.
Supervisor McCarty moved that the following Ordinance amendment be
adopted which passed unanimously (5-0) with Supervisors Alphin, Jefferson,
Acree, Grice and McCarty voting in favor of the motion and no Supervisors
voting against the motion:
AN ORDINANCE TO AMEND AND REENACT THE
TAX RATE FOR MACHINERY AND TOOLS IN
ISLE OF WIGHT COUNTY, VIRGINIA FOR
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FISCAL YEAR JULY 1, 2016 THROUGH JUNE 30, 2017
ADOPTED THIS 20"' DAY OF OCTOBER, 2016
WHEREAS, the Isle of Wight County Commissioner of the Revenue,
in compliance with Section 58.1-3507 of the Code of Virginia (1950, as
amended), has issued the necessary public notice to advise the citizens of Isle
of Wight County, Virginia of his intention to change the methodology by
which machinery and tools are taxed in Isle of Wight County, Virginia; and
WHEREAS, having allowed for the allotted time period in which the
public would have the opportunity to comment on the proposed change in
methodology, the Commissioner of the Revenue has deemed it appropriate to
proceed with such a change in methodology; and
WHEREAS, in order to ensure that revenues generated from machinery
and tools in Isle of Wight County remain neutral for the 2016 tax year, the
Board of Supervisors now deems it appropriate to adjust the tax rate for the
assessment of valuation of such machinery and tools.
NOW THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the
Board of Supervisors of the County of Isle of Wight, Virginia, that there is
hereby levied for the fiscal year beginning July 1, 2016, a tax of $1.75 per
One Hundred Dollars ($100.00) of assessed valuation on machinery and tools
used in businesses as defined in Section 58.1-3507 of the Code of Virginia
(1950, as amended).
BE IT FURTHER ORDAINED that this Ordinance be entered in the
Minutes of this Board of Supervisors and that a copy thereof by the Clerk of
this Board, be furnished to the Treasurer of this County.
C. An Ordinance to Amend and Reenact the Following Sections of the Isle
of Wight County Code, Appendix B, Zoning: Article 1, General
Provisions; Section 1020, Nonconforming Situations, in Order to Make
Updates Enacted by the State Legislature
Richard Rudnicki, Assistant Director of Planning & Zoning, briefed the
Board relative to the proposed amendment due to legislative updates.
Chairman Alphin called for persons to speak in favor of or in opposition to
the proposed Ordinance amendment.
Upon no one appearing, Chairman Alphin closed the public hearing and
called for comments from the Board.
Supervisor Jefferson moved that the following Ordinance be adopted which
passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice
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and McCarty voting in favor of the motion and no Supervisors voting against
the motion:
Sec. 1-1020. - Nonconforming situations.
A. General description.
(1) If, within zoning district classifications established by this ordinance,
or amendments subsequently adopted, there exist lots, buildings,
structures or uses of land which were lawful prior to the enactment of
this ordinance, or subsequent amendments, and which would not
conform to regulations and restrictions under the terms of this
ordinance or amendments thereto, or which could not be built or used
under this ordinance, such nonconformities may continue to exist
subject to the regulations contained in this section.
(2) The purpose of this article is to restrict nonconforming buildings,
structures, and uses, and to specify those circumstances and
conditions under which such nonconforming buildings, structures, and
uses shall be permitted to continue.
B. Changes in district boundaries...... Whenever the boundaries of a district
are changed, any uses of land or buildings, which become nonconforming
as a result of such changes shall become subject to the provisions of this
section.
C. Continuation.
(1) Nothing in this ordinance shall be construed to authorize the
impairment of any lawful nonconforming situation; except, that land,
buildings and structures and the uses thereof which do not conform to
the regulations and restrictions prescribed for the district in which
they are situated may be continued only so long as the existing or a
more restricted use continues and such use is not discontinued for
more than two (2) years, and so long as the buildings or structures are
maintained in their then structural condition; and that the uses of such
buildings or structures are continued in their then intensity and
condition; and that the uses of such buildings or structures shall
conform to such regulations whenever they are enlarged, extended, are
reconstructed or structurally altered; and no nonconforming building
or structure may be moved on the same lot or to any other lot which is
not properly zoned to permit such nonconforming use.
(2) Any lot reduced in area or yard setback to a nonconforming lot by
reason of a realignment or dedication of any existing public highway
or by reason of a condemnation proceeding, is considered to be a
nonconforming lot of record. Any lawful structure on the lot before
such reduction in lot size occurs, by which such action is rendered
nonconforming, shall be considered a legal nonconforming structure
and may continue. However, this provision does not apply to the
creation of new streets in a proposed subdivision.
(3) Nothing in this section shall be construed to prevent the land owner or
home owner from removing a valid nonconforming manufactured
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home from a mobile or manufactured home park and replacing that
home with another comparable manufactured home that meets the
current HUD manufactured housing code. In such mobile or
manufactured home park, a single -section home may replace a single -
section home and a multisection home may replace a multisection
home. The owner of a valid nonconforming mobile or manufactured
home not located in a mobile or manufactured home park may replace
that home with a newer manufactured home, either single -section or
multisection, that meets the current HUD manufactured housing code.
Any such replacement home shall retain the valid nonconforming
status of the prior home pursuant to Section 15.2-2307 of the Code of
Virginia.
(4) The burden of proof for determining nonconforming status shall be
with the applicant.
D. Verification of nonconforming uses prior to any changes in
nonconforming use or structure.
(1) Prior to the approval of any change in, enlargement, extension, are
reconstruction, or structural alteration of, a nonconforming use or
structure, the lawful status of the use shall be verified in writing by
the zoning administrator. The zoning administrator may also verify in
writing the lawful status of a nonconforming use not proposed to
change upon the request of the owner of the property on which the use
or structure is located or upon the request of a neighboring property
owner.
(2) In verifying the lawful status of a nonconforming use, the zoning
administrator shall determine the following:
(A)Whether the use, in fact, is a lawful nonconforming use as defined
by this article; and, if so, then:
(B)The location and floor area (in square feet) of all buildings
associated with the nonconforming use; and
(C) The location, use and size of all structures other than buildings
associated with the nonconforming use; and
(D)The area of land (in square feet) devoted to all aspects of the
nonconforming use (including buildings, parking, outside storage,
travel ways, open spaces, etc.); and
(E) A description of the principal use(s) and all accessory uses that
make up the Iawful nonconforming use as a whole.
(3) Classification of use. If such determination results in the use, or any
portion, being verified as a lawful nonconforming use, the zoning
administrator shall classify the overall nonconforming use of the
property based on the zoning district in which the use would be a
permitted use. If the use would be permitted in more than one (1)
zoning district, the assigned classification shall be based on the zoning
district that is the least intense of all districts where the use would be
permitted. The assignment of such a zoning classification shall not
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operate to change the zoning of the property on which the
nonconforming use is located, but shall be used only in determining
the applicable criteria for change of the nonconformance use under the
provisions of subsection 1-1020.E, permitted changes of
nonconforming uses and structures.
(4) Basis for the zoning administrator's decision. The decision of the
zoning administrator shall be based on information provided by the
owner of the property on which the nonconforming use is located, on
information provided by other persons with knowledge of the
property and on any other information available to the zoning
administrator as public record. Such information may include, but
shall be limited to, permits, Iicenses, tax records, receipts, business
records, photographs, plats, plans, bills, utility information,
assessment information, and sworn affidavits from individuals with
personal knowledge of the use and/or the property on which the use is
located.
E. Permitted changes of nonconforming uses and structures.
(1) If the proposed change in use is from an existing nonconforming use
to a use that will conform to a use permitted in the zoning district in
which the property is Iocated, the property owner must make
application for the change in use in accordance with section 5-1003,
change in use, and subsection 1-1013.A.(1), zoning permit required
and occupancy permit guidelines, in the same manner as authorized to
make an initial use of a vacant lot.
If, and in the event, conformity of land use with this ordinance is
achieved, the property may not later revert to the nonconforming use.
(2) If the intended change in use is to a principal use that is permitted by
right in the zoning district classification where the property is located,
but all of the requirements of this ordinance applicable to that use
cannot be complied with, then an exception or waiver, as required by
the applicable sections of this ordinance shall be obtained from the
appropriate approval authority. In considering such requests, financial
hardship shall not be considered as justification for the exception or
waiver, if approved.
(3) A nonconforming use or structure may be changed, enlarged,
extended, are reconstructed or structurally altered only in accordance
with the provisions of this article and subject to the appropriate
approvals (including, among others, verification of the
nonconforming use, site plan approval, building permit approval and
zoning approval under this ordinance) otherwise required by law.
(4) If a use does not conform to the zoning prescribed for the district in
which such use is situated, and if:
(A) A business license was issued for such use, and;
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(B) The holder of such business license has operated continuously in
the same location for at least 15 years and has paid all local taxes
related to such use;
the county shall permit the holder of such business license to apply
for a rezoning or a conditional/special use permit without charge by
the county or any agency affiliated with the county for fees associated
with such filing.
F. Repairs and maintenance. ..... A nonconforming structure may be
repaired, provided such repair constitutes only routine maintenance
necessary to keep the structure in the same general condition it was in
when it originally became nonconforming.
G. Expansion/improvements to nonconforming uses and structures.
(1) A nonconforming use may be extended throughout any portion of a
completed building that, when the use was made nonconforming by
this ordinance, was designed or arranged to accommodate such use,
provided, that current parking requirements shall be adhered to upon
such extension.
(2) Any permitted expansion shall occur only on the Iot occupied by the
nonconforming use or structure and no area of any lot not originally
devoted to the nonconforming use shall be utilized for any aspect of
such expansions.
(3) A nonconforming structure may be altered to decrease its
nonconformity.
(4) Minor alterations, cosmetic modifications, interior renovations and
similar changes for nonconforming uses or structures may be
permitted, subject to the following standards:
(A)Any building or structure that is conforming as to use, but is
nonconforming as to the requirements of this chapter, including
floor area, lot, yard, road frontage, setback, parking, loading
spaces, fences, signs or height requirements, may be enlarged or
structurally altered, if the alteration or enlargement complies with
this article.
(B) Such construction shall meet all current use requirements for the
zoning district assigned by the zoning administrator as a part of
the nonconforming use verification process.
(5) A nonconforming single-family detached dwelling may not be
expanded, except as provided for in this article. In addition, new or
expanded detached residential accessory structures or uses (such as a
storage shed, garage, swimming pool, etc.) may be permitted subject
to the provisions of this article. Expansion of the dwelling and new or
expanded detached accessory structures and uses shall meet all current
zoning requirements, including height, yard and setbacks, for the
zoning district in which they are located. In no case shall a
nonconforming one -family dwelling be modified to accommodate
additional dwelling units.
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(6) For commercial, industrial, other nonresidential uses or residential
uses, other than a single family detached use, where the use is
compatible with the proposed land use district as designated by the
comprehensive plan, but where the current zoning requirements
(including, but not limited to, parking, yards, setbacks, landscaping,
screening and buffering, height, signs, lot coverage, connection to
public sewer and water) are not met, expansion of the building, and
expansion of the land area within the lot devoted to activities other
than buildings, may be approved, provided all current zoning
requirements applicable to the expansion are met.
(A)A one-time exemption may be granted by the zoning administrator
for properties located in the Highway Corridor Overlay District in
accordance with subsection 6-1005.D.
(7) For commercial, industrial and other nonresidential uses not
connected to public water and sewer, where the expansion of a use
compatible with the proposed land use district as designated by the
comprehensive plan, and meeting all zoning requirements except for
connection to public water and sewer, expansion of buildings and the
land area within the lot devoted to activities other than buildings may
be permitted subject to a waiver granted by the board of supervisors
upon recommendation from the planning commission.
(8) Existing commercial, industrial and other nonresidential uses
compatible with the proposed land use district as designated by the
comprehensive plan, and which have been made nonconforming with
respect to open space, perimeter landscape requirements or setback
requirements as a result of a right-of-way dedication to the County or
the Virginia Department of Transportation without compensation shall
be allowed to expand the buildings and the land area devoted to the
activity only to the extent that would have been permitted under the
ordinance requirements prior to the dedication.
(9) Improvements may be made to a nonconforming use or structure for
the sole purpose of accessibility or public safety when such
improvements are necessitated by a local, state, or federal law. Such
improvements may be approved by the zoning administrator and are
not subject to items (3), (4) and (5) of subsection 1-1020.G.
H. Restoration or replacement.
(1) A residential or commercial nonconforming structure damaged or
destroyed by a natural disaster, casualty, or other act of God, may be
repaired, rebuilt or replaced to eliminate or reduce the nonconforming
features to the extent possible, without the need to obtain a variance.
If such building is damaged greater than fifty (50) percent and cannot
be repaired, rebuilt or replaced except to restore it to its original
nonconforming condition, the owner of the property shall have the
right to do so. The owner shall apply for a zoning and building permit
and any work done to repair, rebuild or replace such building shall be
in compliance with the provisions of the Uniform Statewide Building
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Code and any work done to repair, rebuild or replace such building
shall be in compliance with the provisions of the Floodplain
Management Overlay District as contained in article VI of this
ordinance. Unless such building is repaired rebuilt or replaced and
construction completed within two (2) years of the date of the natural
disaster, casualty, or other act of God, such building shall only be
repaired, rebuilt or replaced in accordance with the provisions of
subsection H(2) below. However, if the nonconforming building is in
area under a federal disaster declaration and the building has been
damaged or destroyed as a direct result of conditions that gave rise to
the declaration, an additional two (2) years shall be provided for the
building to be repaired, rebuilt or replaced as otherwise provided in
this paragraph.
(A) One (1) extension not exceeding ninety (90) days may be granted
by the zoning administrator if it is determined that such additional
time is required to reasonably complete the construction, repair or
rebuild the replacement residence.
(2) "Casualty" shall mean as result of a fire or other cause beyond the
control of the owner or by an act of nature, and shall not be caused by
age or ordinary wear and tear or damage intentionally caused by the
owner or an agent thereof. For purposes of this section, "act of God"
shall include any natural disaster or phenomena including a hurricane,
tornado, storm, flood, high water, wind -driven water, tidal wave,
earthquake or fire caused by lightning or wildfire. For purposes of this
section, owners of property damaged by accidental fire have the same
rights to rebuild such property as if it were damaged by an act of God.
Nothing herein shall be construed to enable the property owner to
commit an arson under Section 18.2-77 or 18.2-80 of the Code of
Virginia, and obtain vested rights under this section.
(3) All other nonconforming uses or structures destroyed or damaged in
any manner, to the extent that the cost of restoration to its condition
before such an occurrence shall exceed fifty percent (50%) of the
current replacement value of the structure at the time of damage, it
shall be restored only if it complies with the requirements of this
ordinance.
(A) When such use or structure is damaged less than fifty percent
(50%) of the cost of reconstructing the entire use or structure, it
may be repaired or restored; provided, any such repair or
restoration is started within twelve (12) months and completed
within eighteen (18) months from the date of partial destruction.
(4) The cost of land or any factors other than the cost of the structure are
excluded in the determination of cost of restoration for any structure
or activity devoted to a nonconforming use.
(5) Nonconforming uses other than buildings and signs (such as, but
limited to, underground storage tanks, private sewage disposal
systems and parking lots) may be restored or replaced when such
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structures become unsafe or unsound. A relocation on the same lot
may be approved by the zoning administrator, provided the new
location is less nonconforming than the original location, and further
provided that the new location shall not cause a greater detrimental
impact on conforming uses in the neighborhood.
(6) Such restoration shall not include any minor alterations, cosmetic
modifications, interior renovations or similar changes unless approved
under the provisions of subsection 1-1020.G,
expansion/improvements to nonconforming uses and structures, of
this article, nor shall such restoration include any expansion unless
approved under the provisions of subsection 1-1020.G,
expansion/improvements to nonconforming uses and structures. Such
restoration may include changes that make the use less nonconforming
than it was prior to the casualty.
(7) Redevelopment of a site which is nonconforming as to lot coverage
standards shall be permitted to maintain lot coverage on site equal to
or less than the existing impervious coverage on site at the time of
redevelopment, provided that the post -development stormwater runoff
shall meet the quality and quantity requirements or the County
Chesapeake Bay Preservation Area Ordinance and stormwater
management regulations.
I. Moving a nonconforming use or structure...... No structure used as part
of a nonconforming use shall be moved to any other lot unless such lot is
properly zoned to permit the use, nor shall such a structure be moved
within the Iot on which it exists, unless a relocation is specifically
provided for in other sections of this article.
J. Certifications.
(1) The construction or use of a nonconforming building or land area for
which a zoning permit was issued legally prior to the adoption of this
ordinance may proceed, provided such building is complete within
one (1) year or such use of land is established within thirty (30) days
after the effective date of this ordinance.
K. Undeveloped nonconforming lots.
(1) This section applies only to undeveloped nonconforming lots. A lot is
undeveloped if it has no principal building upon it or if there is a
principal building upon it which is physically unsafe or unlawful due
to Iack of repairs and maintenance and is declared by a duly
authorized official to be unsafe or unlawful by reason of physical
condition. A change in use of a developed nonconforming lot may be
accomplished in accordance with section 5-1003.
(2) When a nonconforming lot can be used in conformity with all of the
regulations applicable to the intended use, except that the lot is
nonconforming as to the lot area, lot width and/or frontage, or lot
depth, or a combination thereof, required by the zoning district, unless
specifically prohibited, the Iot may be used as proposed just as if it
were conforming, provided all other requirements of the zoning
15
district are met or the board of zoning appeals establishes setbacks in
accordance section 1-1019, provisions for appeals, variances,
interpretations.
(A)If a lot lacks street frontage, it must be documented that the lot has
an unrestricted right of ingress and egress to a public street.
(3) For undeveloped lots zoned for commercial, industrial and other
nonresidential uses Iocated in the Highway Corridor Overlay District,
the board of supervisors upon recommendation from the planning
commission may grant exemptions, whether partial or total, from
Highway Corridor Overlay provisions in accordance with subsection
6-1005.1), exemptions to the Highway Corridor District
Requirements.
(4) If two (2) or more undeveloped lots or combinations of lots with
continuous frontage under the same ownership are of record at the
same time of passage or amendment of this article, and if all or part of
the lots do not meet the requirements established for lot area and
width, the lands involved shall be considered to be an unsubdivided
parcel for the purposes of this article, and no portion of said parcel
shall be used or sold in a manner diminishing compliance with the
area and width requirements applicable to such nonconforming lot.
This subsection shall not apply to a nonconforming lot if it is
determined that a majority of the developed lots located on either side
of the street where such nonconforming lot is located and within five
(500) hundred feet of such lot are also nonconforming. The intent of
this subsection is to require nonconforming lots to be combined with
other undeveloped lots to create conforming Iots, but not to require
such combinations when it would be clearly out of character with the
manner in which the neighborhood had previously been developed.
L. Abandonment and discontinuance of nonconforming situation.
(1) In the event a nonconforming use ceases for a period of two (2) years
or more, then the nonconforming use shall be deemed abandoned and
compliance with this ordinance shall be required. The casual,
temporary or illegal use of land or structure does not establish the
existence of a nonconforming use.
(2) When a structure or use made nonconforming by this ordinance is
vacant or discontinued at the effective date of this ordinance, the two-
year period for purposes of this article begins to run on the effective
date of this ordinance. (7-7-05; 9-24-09.)
D. An Ordinance to Amend and Reenact the Isle of Wight County Code by
Amending and Reenacting Appendix A, Subdivisions, Article 3,
Administration and Procedures, Section 3.2, Review and Approval
Procedures and Appendix B, Zoning, Article I, General Provisions,
Section 1-1016, Conditional Zoning
16
County Attorney Popovich briefed the Board on proposed amendments to the
Ordinance related to revisions by the General Assembly to the State code
regarding the type of proffers that may be accepted by a locality.
Chairman AIphin called for persons to speak in favor of or in opposition to
the proposed Ordinance amendment.
Upon no one appearing to speak, Chairman Alphin closed the public hearing
and called for comments from the Board.
Following an inquiry by Supervisor Grice, County Attorney Popovich
provided an explanation of how a single-family home or business would be
affected.
Supervisor McCarty moved that the following Ordinance be adopted which
passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice
and McCarty voting in favor of the motion and no Supervisors voting against
the motion:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
APPENDIX A. SUBDIVISIONS. ARTICLE 3. ADMINISTRATION AND
PROCEDURES. SECTION 3.2. REVIEW AND APPROVAL
PROCEDURES. AND
APPENDIX B. ZONING. ARTICLE I. GENERAL PROVISIONS.
SECTION 1-1016. CONDITIONAL ZONING.
WHEREAS, the General Assembly adopted, and the Governor of
Virginia has enacted, Section 15.2-2303.4 of the Code of Virginia (1950, as
amended) setting forth certain restrictions related to the provision of proffers;
and
WHEREAS, in order to ensure that Isle of Wight County complies with
these new requirements the Board of Supervisors now deems it appropriate to
amend and reenact certain sections of the Isle of Wight County Code in order
to ensure proper compliance with these new legislative restrictions.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix A, Subdivisions, Article 3.
Administration and Procedures. Section 3.2. Review and Approval
Procedures of the Isle of Wight County Code be amended and reenacted as
follows:
APPENDIX A.
SUBDIVISIONS.
Article 3. Administration and Procedures
Sec. 3.2. Review and Approval Procedures.
INA
3.2. - Review and approval procedures.
3.2.1. General.
A. Authority to file applications.
1. Applications may be initiated by the owner of the land being
subdivided or the owner's authorized representative. The subdivision agent
may require an applicant to present evidence of authority to submit the
application.
2. All real estate taxes and any outstanding fees or charges shall be
current prior to submission of an application for any activity regulated under
this ordinance.
B. Pre -application conference.
1. Before submitting an application for development approval, it is
recommended that each applicant schedule a pre -application conference with
the subdivision agent to discuss the procedures, standards and regulations
required for development approval in accordance with this ordinance.
2. A mandatory pre -application conference with the subdivision agent
shall be required for the following development reviews:
a. Any subdivision that will require public infrastructure; and
b. All applications for major subdivision.
C. Application requirements...... The following requirements shall apply
to all applications for subdivision approval. Applications for re -approval of
an expired approval shall be processed in the same manner as any other
application.
1. Forms. ..... Applications required under this ordinance shall be
submitted on forms and in such numbers as required by the appropriate
department. All forms shall include, 'at a minimum, the following
information:
a. Contact information for the individual or firm submitting the
application and all property owners, including principals of a corporation or
other entity.
b. Contact information for the individual or firm on whose behalf the
application is being submitted.
C. Identification of the property affected by the application, such as a legal
description, address, or parcel identification as may be appropriate.
d. Any other information required by the subdivision agent or the
provisions of this ordinance.
e. A full listing of application requirements may be found in appendix B
of this ordinance.
f. In cases where voluntarily offered proffers are made, a fully executed
estoppel certification stating that all proffers contained in the application are
made in compliance with Section 15.2-2303.4 of the Code of Virginia (1950,
as amended).
g. For all applications related to major subdivisions, an independent
proffer study, paid for by the applicant/owner, shall be performed and
completed by an independent professional, as agreed to by the
applicant/owner and the County.
2. Fees.
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a. Filing fees shall be as set forth in the Isle of Wight County Uniform
Fee Schedule, as adopted by the board of supervisors, as it may be amended,
in order to defray the actual cost of processing the application.
b. Fees shall be paid with the appropriate department.
C. An applicant who has paid the appropriate fee pursuant to the
submission of an application, but who chooses to withdraw such application
prior to its distribution for review shall be entitled to a refund of the total
amount paid, less ten (1 Q) percent for administrative costs, upon written
request to the appropriate department. Once distribution for review has
begun, no refund shall be available.
3. Applications sufficient for processing.
a. Applications shall contain all required information listed on forms
available from each department involved in the review process, unless
modified by the department, in writing, pursuant to item b., below.
Incomplete applications shall not be entitled to review.
b. The presumption shall be that all of the information required in the
application forms is necessary to satisfy the requirements of this section.
However, it shall be recognized that each application is unique, and therefore
more or Iess information may be required according to the needs of the
particular case. The applicant may rely on the recommendations of the
appropriate department as to whether more or less information should be
submitted.
C. Once the application has been determined sufficient for processing,
copies of the application shall be distributed by the subdivision agent to the
appropriate reviewing entities.
4. Development review meeting after application submitted.
a. Upon receipt of comments from appropriate review entities, the
subdivision agent may convene a development review meeting including all
appropriate review agencies, which may include the applicant, to ensure
compliance with the following:
1. The applicable requirements of this ordinance;
2. That the applicant has submitted all of the information he/she intends to
submit; and
3. That the application represents precisely and completely what the
applicant proposes to do.
b. Once the subdivision agent deems that all options have been exhausted
to address all review comments and recommendations, and all requirements
have been met, the application shall be placed on the agenda of the
appropriate reviewing board, department, or committee in accordance with
standard procedures. However, if the subdivision agent believes the
application is incomplete, a recommendation to deny the application on that
basis shall be provided to the appropriate board, department, or committee.
5. Related or concurrent applications.
a. Applications for necessarily related development approvals may be
filed and reviewed simultaneously, at the option of the applicant. Any
application that also requires a rezoning shall not be eligible for final
approval until the rezoning has been granted (see section 3.2.3.C, zoning
requirements).
19
b. Related applications submitted simultaneously are subject to approval
of all other related applications; deferral or denial of any concurrently
submitted application shall stop consideration of any related applications
until the deferred or denied application is resolved.
D. Notice and public hearings.
1. Summary of notice required. ..... Notice shall be required for
applications for development approval as shown in the table below:
Procedure (Published Posted
.Major subdivision—Preliminary plat approval �,/
Waiver V/
Sub ivisid on ordinance text amendment ,/
2. Public notice requirements.
a. Published notice. ..... Published notice shall be provided in
conformance with Section 15.2-2204 of the Virginia Code. A distinctive
advertisement shall be placed in a local newspaper of general circulation once
a week for two (2) successive calendar weeks, the first notice being published
not more than twenty-one (21) days before the date fixed for the public
hearing and the second notice being published at least five (5) days before the
hearing. At minimum, the notice must contain the following information:
1) The time, date and location of the public hearing;
2) A description of the action requested;
3) A phone number to contact the county; and
4) A statement that interested parties may appear at the public hearing.
b. Posted notice...... In addition to notice of hearings as required by the
applicable statutes of the Commonwealth of Virginia, when posted notice is
required, the applicant must erect on or immediately adjacent to, the subject
property a sign or signs as specified below giving public notice of the action
required.
1) The sign must meet the following criteria:
[a) Reserved.]
b) The wording, size and color of such sign shall be as specified by the
subdivision agent and approved by the board of supervisors.
c) One (1) sign must be erected so as to be visible and legible to each
abutting public street. Where the property has extensive road frontage, one
(1) sign shall be erected for each five hundred (500) feet of frontage.
d) When a property has no frontage directly on a public street, it shall be
posted adjacent to the nearest public street from which future access is
contemplated.
2) Signs must be erected at Ieast seven (7) calendar days before the
hearing where the application is to be considered and removed by the
applicant within two (2) days after the final public hearing on the application.
3) Signs are required for each hearing at which the application is
considered.
4) It is unlawful for any person to pull down, write on, cut or otherwise
injure or deface required posted notice, which will constitute violation of this
ordinance.
20
a) The applicant is responsible for the maintenance or replacement of
signs obliterated or destroyed during the posting period.
5) The additional requirements for public notice and posting on the
property are for the benefit of the public to identify the location of the
property in question and advanced knowledge of a hearing only, and is not a
legal requirement of notice. The failure to comply with the provisions herein
does not defeat the action of the approving authority concerning the
application. The only legal notice requirements are those provided by the
statutes of the Commonwealth of Virginia.
3. Constructive notice...... Minor defects in notice shall not impair the
notice or invalidate proceedings pursuant to the notice if a bona fide attempt
has been made to comply with applicable notice requirements.
E. Required hearings and meetings...... A hearing shall be required for
development review as shown in the table below:
Pal
Procedure nning Board of
-- .
Major subdivision—Preliminary
j approval
Waiver
Commission
plat Public
meeting
Supervisors
Public
meeting
Public Public
meeting meeting
Subdivision ordinance text amendment Public
meeting
Appeal of administrative decision
Public hearing
Public hearing
F. Notice of decision...... Within fourteen (14) days after a decision is
made, a copy of the decision shall be sent to the applicant.
G. Withdrawal or postponement of application.
1. An applicant may withdraw an application at any time, by filing a
statement of withdrawal with the subdivision agent.
2. The statement of withdrawal shall be signed by all persons who signed
the application, or in the event of death or incompetence, by the estate's
lawful personal representative.
3. An applicant may postpone a scheduled hearing once per application
for up to ninety (90) days after the date the first hearing was scheduled to
occur, after which the subdivision agent may withdraw the application.
3.2.2. Interpretation of this ordinance.
A. Applicability...... When uncertainty exists, the subdivision agent shall
be authorized to make all interpretations concerning the provisions of this
ordinance.
B. Deferral of interpretation. ..... The subdivision agent may defer
interpretations of this ordinance to the appropriate county officials.
C. Application requirements. ..... A request for interpretation shall be
submitted in writing.
D. Action by subdivision agent . ..... The subdivision agent shall:
1. Review and evaluate the request in light of the text of this ordinance,
the zoning ordinance, the comprehensive plan and any other relevant
information;
21
2. Consult with the other officials, including the county attorney, as
necessary;
3. Render an opinion; and
4. Cause the interpretation to be provided to the applicant in writing.
E. Official record...... The subdivision agent shall maintain an official
record of all interpretations. The record of interpretations shall be available
for public inspection during normal business hours.
F. Appeal...... Final action on an official interpretation of this ordinance
by the subdivision agent (or other administrative official) may be appealed in
accordance with section 3.2.12, appeal of administrative decision.
3.2.3. Subdivision, general.
A. Applicability...... Subdivision review is required for any division of
land within the county. However, certain subdivision activities may be
eligible to receive an exception of compliance from certain requirements of
this ordinance as described in section 3.2.3.13, below.
B. Exception to subdivision requirements.
1. Actions eligible for exception. ..... Upon submittal of a survey plat
prepared by a licensed professional, the subdivision agent may grant an
exception allowing one (1) or more of the following actions without further
compliance with the requirements of this ordinance. However, this shall not
be construed as an exemption from this ordinance.
a. Agricultural, horticultural, or silvicultural...... The division of land into
parcels greater than ten (10) acres for bona fide agricultural, horticultural, or
silvicultural purposes where no street right-of-way dedication is involved and
where there is no change in the intensity of use, provided such divisions shall
have the following notation prominently set forth on the recorded plat:
"Residential development on any lots shown will require Residential Zoning
pursuant to Section 3.2.3.0 of the Subdivision Ordinance of Isle of Wight
County, Virginia, as amended."
b. Lots not fronting on a public road.
1) Subject to the required zoning, the division of a tract in single
ownership into two (2) lots not fronting a public road, where a twenty -foot
access easement is provided, and both lots comply with the requirements of
this ordinance.
2) Subject to the required zoning, the division of a tract for commercial
lots not fronting on a public road provided that the lots front on a private road
that is built to the minimum VDOT street standards, and where the private
road shall be maintained by adjacent property owners and guaranteed in
writing with a private road maintenance agreement. This agreement shall be
revised upon any change in ownership and prior to any additional subdivision
approval on lots served by the private road.
C. Boundary line adjustments.
1) The public acquisition of strips of land for the widening or opening of
streets.
2) The combination or recombination of portions of previously
subdivided and recorded lots where the total number of lots does not increase
and each resulting lot conforms to the requirements of this ordinance and
applicable requirements of the zoning ordinance.
22
3) The plat making the transfer(s) related to the sale, exchange or other
transfer of parcels between adjoining property owners, where it does not
create additional lots or make existing lots of lesser width or area than
required by this ordinance.
4) Boundary line adjustments to any valid and properly recorded plat,
including vacation or alteration, provided the requirements of Section 15.2-
2275 of the Code of Virginia and the following requirements are met:
(a) The adjustment does not result in the creation of irregularly shaped
lots;
(b) The adjustment is executed by the owner or owners of such land as
provided in Section 15.2-2264 of the Code of Virginia;
(c) The adjustment does not result in any new violations to the dimensional
requirements of the zoning ordinance;
(d) The adjustment does not involve the relocation or alteration of streets,
alleys, easements for public passage, or other public areas; and
(e) No easements or utility rights-of-way shall be relocated or altered
without the express written consent of all persons or entities holding any
interest in the easement or rights-of-way.
d. Well lot and pump station lots...... That will be dedicated to the county
upon completion and meet the applicable yard setbacks for the zoning district
of subject lot and applicable screening standards in the zoning ordinance.
e. Family burial plots...... Family burial plots shall meet the requirements
of the zoning ordinance.
f. Lots with existing established metes and bounds and/or divided by
existing public roads. ..... The agent or his designee may permit the
separation of one (1) parcel from a tract of land without complying with all of
the requirements of this ordinance if it is not in conflict with the general
meaning and purpose of the ordinance.
2. Conditions for exception...... In order to approve an exception from the
requirements of this ordinance, the subdivision agent must find the
following:
a. No subdivision shall result in the creation of a nonconforming lot or
lots as set forth in the zoning ordinance.
b. Where applicable, the recorded plat must include a private easement at
least twenty (20) feet wide for ingress and egress to each lot which does not
abut on an existing public road unless otherwise expressly permitted by this
ordinance. The board of supervisors may require larger or smaller easement
widths in special circumstances.
C. Where applicable, the following language must be prominently set
forth on the face of the recorded plat of survey and added as a covenant in
every deed for every lot in any subdivision in which streets are proposed to
be established to a standard less than those set by VDOT for acceptance as
part of the secondary system:
"a) The streets in this subdivision do not meet the standards necessary for
inclusion in the system of state highways and will not be maintained by the
Virginia Department of Transportation (VDOT) or the County and are not
eligible for rural addition funds or any other funds appropriated by the
23
General Assembly and allocated by the Commonwealth Transportation
Board;
b) It is not the policy of the Board of Supervisors of Isle of Wight County,
Virginia, or VDOT to accept or maintain private streets until the streets are
constructed pursuant to the specifications for construction of secondary roads
as promulgated by VDOT;
c) The streets in this subdivision will have to be constructed in full
compliance with VDOT requirements in effect at the time of the request by
the property owners prior to requesting addition of the street into the State
Secondary Road System of Isle of Wight County.
d) It is not the policy of the School Board of Isle of Wight County, Virginia,
to allow school buses to travel on other than publicly maintained roads."
3. Plat recordation required...... Documents showing lots created with an
exception under this section must be stamped by the subdivision agent noting
their exception, and signed so they may be recorded with the clerk in
conformance with section 3.2.3.1), plat approval and recordation required.
C. Zoning requirements.
1. Residential zoning required. ..... Except as provided below, all
proposed subdivisions for residential purposes must be zoned residential as
defined in section 5.4.2 (RR, NC, SE, SR, UR, VC, PD -R, PD -MH, or PD -
MX) or conditional residential (C -RR, C -NC, C -SE, C -SR, C -UR, C -VC, C-
PD -R, C -PD --MH or C -PD -MX,) pursuant to the zoning ordinance prior to
final subdivision plat approval.
2. Exempt from zoning requirement.
a. Family member subdivision...... The subdivision agent may waive the
requirement for residential zoning for a subdivision approved as a family
member subdivision (see section 3.2.4).
b. Manufactured home. ..... The subdivision agent may waive the
requirement for residential zoning for the placement of a manufactured house
on a permanent foundation on an existing individual lot located in the rural
agricultural conservation (RAC) district as established in the zoning
ordinance.
C. Clustering/sliding scale "by -right" provisions for single-family
residential development in rural agricultural conservation district as
designated in the Isle of Wight County comprehensive plan...... Under the
sliding scale development provision, a tract of land containing one hundred
(100) contiguous acres or greater zoned rural agricultural conservation will
be allowed four (4) divisions. One (1) additional lot or dwelling unit will be
permitted for every additional forty (40) acres encompassed by the overall
tract. For example, a one hundred forty -acre tract will yield five (5) lots.
Minimum permissible lot sizes shall be encouraged so as riot to allow
subdivision development which is land consumptive; however, each lot must
meet the minimum lot requirements for the rural agricultural conservation
(RAC) district.
1. In addition to the base density permitted above and the minimum lot
size, width and frontage requirements of the underlying zoning district, the
following standards shall be met:
4
a) All residential lots created through the act of subdivision shall be
contiguously grouped and served by one (1) point of access to county roads
and shall comply with section 5.9 (streets) of the Isle of Wight County
Subdivision Ordinance.
b) Residential structures in the subdivision shall be located at least one
hundred (100) feet from the existing county road right-of-way and screened
from the right-of-way by an existing or planted landscaped buffer.
c) All residential structures should be set back at least one hundred (100)
feet from all active farm operations.
d) A central water supply system shall be provided to serve the
subdivisions with over fourteen (14) lots.
e) The maximum Iot size for any new lot created shall be ten (10) acres,
unless otherwise approved by the board of supervisors or required by the
county health department.
f) No lot shall be designed, approved or employed for use in which an
area more than thirty percent (30%) of the prescribed minimum lot area is
comprised of one (1) or more of the environmentally sensitive areas
referenced in the net developable calculations of the zoning ordinance. This
shall not apply to Iots specifically created exclusively to preserve and
maintain environmentally sensitive areas.
g) Lots shall be located to preserve seventy percent (70%) of the original
tract size in order to maximize continued use of the residual parcel for
agricultural and silvicultural purposes.
h) All areas not included in lots or public street rights-of-way shall be
incorporated into common open space and may be used for natural or
landscaped buffers; agricultural uses including farmland and pasture not
generating noxious odors such as land application of sewage sludge, hog or
poultry farms or similar uses; horticulture; recreational use; historic
preservation; forests; wildlife reservations and conservation areas; private
stables for personal enjoyment; or other similar use.
i) The common open space shall be arranged and designed so as to
facilitate its use, ensure continuity of design, and preserve sensitive
environmental features. Failure to achieve these goals shall be sufficient
reason for the agent to deny applications for open space development plan
approval or require modifications that may include Ioss of lots.
j) Recreational areas shall not abut the exterior boundary of the open
space development unless entirely adjacent to a publicly -owned facility or
community recreation facility of an adjoining residential development.
k) Adequate pedestrian and bicycle facilities shall be provided which fully
interconnect the development and its recreation areas both internally and with
existing, planned or desirable external pedestrian and bicycle facilities.
1) Final plats recorded and all deeds for lots within the cluster
development shall bear a statement indicating that the land is within an
approved residential cluster subdivision and shall also bear a statement
indicating the ownership status of the development's open space system and
shall reference the covenants creating a property owners' association which
shall also be recorded at the time final plats are put to record.
25
m) With approval of the planning commission, common open space within
a cluster subdivision may be held by other than a property owner association
for agricultural uses including farmland, pasture, horticulture, recreational
use, historic preservation, forests, wildlife reservations and conservation
areas or other similar use.
n) Family member subdivisions shall be prohibited.
o) Manufactured homes, Class A and B, and residential accessory
apartments shall require a conditional use permit.
D. Plat approval and recordation required.
1. All subdivision plats within the county must be submitted, approved,
and certified by the subdivision agent in conformance with this ordinance
prior to recordation with the clerk of the circuit court of Isle of Wight
County.
2. A plat or other instrument showing the approved division of any land
subdivided within Isle of Wight County shall be recorded with the clerk of
the circuit court of Isle of Wight County within six (6) months of final plat
approval. Plat approval shall be deemed void if the plat is not recorded within
this period, and a new application for final plat approval shall be required
prior to recordation. However, in any case where construction of facilities to
be dedicated for public use has commenced pursuant to an approved plan or
permit with surety approved by the county, or where the developer has
furnished surety to the county by certified check, cash escrow, bond, or letter
of credit in the amount of the estimated cost of construction of such facilities,
the time for plat recordation shall be extended to one (1) year after final
approval or to the time limit specified in the surety agreement approved [by
the] county, whichever is greater. The following language shall be
prominently stamped on the face of the approved plat and certified by the
subdivision agent:
"This subdivision plat has been found to be in conformance with the Isle of
Wight County Subdivision Ordinance and must be recorded with the Office
of the Clerk of Circuit Court of Isle of Wight County within six months of
the date of approval. Approval will be deemed void after six months and the
plat must be resubmitted for approval.
Date of Approval: Subdivision Agent: "
3. No lot shall be transferred by deed in any subdivision before the
subdivision plat has been recorded.
4. No land dedicated to the county, as shown on the plat, shall be accepted
by the county unless and until the agent has accepted the dedication. Such
acceptance of dedication shall be evidenced by signature of the subdivision
agent after the following notation on the recorded plat:
"I, the Director of Planning and Zoning for the Isle of Wight County,
Virginia, as Subdivision Agent, do hereby accept the dedication(s) made to
Isle of Wight County, Virginia, as set forth herein."
5. Other signatures or approval certifications may be required prior to plat
recordation.
3.2.4. Subdivision, family member.
2
A. The subdivision agent may approve a family member subdivision
subject to the provisions of this section (Section 7-28-1), and any express
requirement contained in the Code of Virginia (see specifically Section 15.2-
2244, et seq. of the Code of Virginia). The purpose of a family member
subdivision may not be to circumvent this ordinance or other county
regulations. To approve an application for family member subdivision, the
subdivision agent must find the following:
1. The property owner requesting the family member subdivision shall
hold fee simple title to the subject property.
2. No person who has previously received land within the county via
family member subdivision is eligible to receive additional land through
family member subdivision.
3. The approval shall include the proposed deed(s) of sale or transfer from
the property owner to the receiving family member.
4. No more than four (4) lots resulting from a single tract may be accessed
from a single easement of right-of-way unless approved by the board of
supervisors upon recommendation from the planning commission. These lots
shall be served by an unobstructed easement of right-of-way of not less than
twenty (20) feet, providing ingress and egress to an improved public street,
and shall be constructed of a compact surface with a minimum depth of four
(4) inches. It is recommended that an additional ten (10) feet of easement be
dedicated for emergency management access to bring the easement width to
thirty (30) feet. The easement of right-of-way shall be maintained by the
owner or owners of the property which is to be served by said easement of
right-of-way. A road maintenance agreement providing for perpetual
maintenance of said easement of right-of-way shall be executed by the parties
to whom the lot(s) created pursuant to this ordinance shall be conveyed. The
road maintenance agreement shall be approved by the county attorney and
shall be recorded in the clerk's office of the circuit court of Isle of Wight
County at the time of recordation of the plat approved pursuant to the
ordinance. An erosion and sediment control plan may be required depending
on the square footage of land disturbance.
5. Shared driveways shall be required for two (2) or more contiguous lots
resulting from a family member subdivision which shares frontage on a
public road. A shared driveway with a minimum width of twelve (12) feet
must be provided within an unobstructed access easement.
b. No lot shall be designed, approved or employed for use in which an
area more than thirty (30) percent of the prescribed minimum lot area is
comprised of one (1) or more of the environmentally sensitive areas
referenced in the net developable calculations of the zoning ordinance. This
shall not apply to lots created exclusively to preserve and maintain
environmentally sensitive areas, as approved by the zoning administrator.
7. No singular subdivision shall extend over a political boundary line.
8. All applicable requirements of the zoning ordinance, the erosion and
sediment control ordinance, the Isle of Wight County Department of Public
Utilities' Master Water and Sewer Ordinance, and the Chesapeake Bay
Preservation Area Ordinance shall apply.
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9. A person receiving Iand through a family member subdivision may not
sell, transfer, subdivide, or otherwise convey such property for a period of
five (5) years after plat approval; unless:
a. The conveyance or proposed conveyance results from the foreclosure
of a mortgage (deed of trust) lien on the property.
b. The subdivision is directed by court action.
C. Upon application from said recipient, the board of supervisors, upon
recommendation from the planning commission finds at least one (1) of the
following:
1. The proposed conveyance must be made to satisfy a financial
obligation that was not contemplated at the time of the transfer of the lot
through the family member subdivision, and that cannot be satisfied from
other assets.
2. The property is granted rezoning approval.
d. The board of supervisors may specify additional conditions to be
imposed on a family member subdivision (if an administrative decision goes
through appeal or an exception is sought from the board of supervisors for
sale prior to five (5) years.)
B. Water...... One (1) of the following shall apply:
1. Well water...... The applicant must provide proof that a water source
for the lot has been identified in accordance with the requirements of the
Virginia Department of Health. In such case, the following note must be
placed on the final plat prior to final approval by the subdivision agent:
No zoning permit or building permit shall be issued for any lot until a well or
water source has been approved by the County Health Department.
2. Public water...... Family member subdivisions resulting in more than
four (4) lots may be required to connect to a public water supply system in
accordance with the master water and sewer ordinance. In such case, the
following note must be placed on the final plat prior final approval by the
subdivision agent:
Any lot shown on this plat must be served by public water before any use can
be made on such lot. However, no service has been extended to such lots at
the time of approval of the plat. No zoning permit or building permit shall be
issued for any lot until public water has been extended to such lot in
accordance with the Master Water and Sewer Ordinance. The owner of each
Iot shown on this plat shall grant, without compensation, such reasonable
easements as are necessary to permit such extension of public water to all
lots.
C. Sewer.
1. Private individual septic...... Private individual septic systems shall be
designed and constructed to meet the requirements of the Virginia
Department of Environmental Quality, the Virginia Department of Health,
Isle of Wight County Department of Public Utilities, and any other state or
local regulation having authority over such installation, including the zoning
ordinance for alternative discharge sewer disposal systems. The following
note must be placed on the final plat prior to approval from the subdivision
agent:
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No zoning permit or building permit shall be issued for any lot until a septic
system has been approved by the County Health Department and any
drainfield is identified on the plat.
Refer to Section 5.13.2 for additional on-site sewage system requirements.
2. Public sewer. ..... Public sewer systems shall be designed and
constructed in accordance with the design standards and specifications for
sewerage construction and improvements in Isle of Wight County, Virginia,
and meeting the approval of the subdivision agent.
D. Recordation and enforcement.
1. The approved family member subdivision plat, road maintenance
agreement (if applicable) and deed(s) of sale or transfer shall be recorded
simultaneously. The family member subdivision approval shall automatically
terminate if all required documents are not filed within six (6) months.
2. The property owner shall place a restrictive covenant on the subdivided
property that would prohibit the transfer of the property to a person other
than the immediate family for which it is created for a period of five (5) years
following the date of subdivision, unless a rezoning is granted.
3. No zoning permit or building permit shall be issued for any lot or
parcel found to be in violation of this ordinance until such violation has been
corrected.
3.2.5. Subdivision, conceptual plan review.
A. Applicability, conceptual plan recommended...... It is recommended,
but not required, that an applicant submit a conceptual plan for review by the
subdivision agent for all subdivision activity. The purpose of this conceptual
plan is to permit the agent to advise the applicant whether the plans are in
general accordance with the requirements of this ordinance and advise the
applicant if it appears that changes would be necessary.
B. Conceptual plan requirements.
1. The conceptual plan shall be drawn on white paper, or on a print of a
topographic map of the property. The conceptual plan must be to drawn to an
acceptable scale. The following are accepted: one (1) inch equals ten (10),
twenty (20), thirty (30), forty (40), fifty (50), sixty (60) or one hundred (100)
feet.
2. The conceptual plan shall show, in simple sketch/schematic form, the
proposed layout and approximate dimensions of streets, lots, parks,
playgrounds and other features in relation to existing conditions both within
and in the areas surrounding the proposed subdivision. In addition, the plan
should contain the following information:
1) Boundary lines of the subject property.
2) Existing land conditions to include: 1) existing topography at a
maximum of ten -foot contour intervals; and 2) soils information.
3) Zoning of the subject property and adjacent parcels.
4) Location of entrances and points of ingress and egress.
5) Distance to the nearest state road intersection.
3. Whenever part of a tract is proposed for platting and it is intended to
subdivide additional parts in the future, a conceptual plan for the entire tract
shall be submitted with the preliminary plat. This plan is merely for
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informational purposes and is not binding on the subdivider, subdivision
agent, planning commission, or the board of supervisors.
3.2.6. Subdivision, preliminary plat review and approval.
A. Applicability, preliminary plat required...... A preliminary plat shall be
required for all subdivisions except family member subdivisions (see section
3.2.4, above).
B. Pre -application conference. ..... A pre -application conference is
encouraged for all subdivision applications and may be required (see section
3.2.1.B).
C. Application requirements.
1. General.
a. An application for preliminary plat shall be filed in conformance with
section 3.2.1.C. A listing of the minimum required information to be included
in the preliminary plat may be found in article 4, plat requirements and more
specifically in section 4.2.2, preliminary plat requirements.
b. All required application and review fees shall be paid by the applicant
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.
2. Preparer . ..... The preliminary plat shall be prepared by a land surveyor
or other person(s) licensed by the state board for the examination and
certification of architects, professional engineers and land surveyors to do
land surveying as defined by Section 54.1-406 of the Code of Virginia, as
amended, who shall endorse upon each plat a signed certificate setting forth
the source of the title of the land subdivided, and the plat of record of the last
instrument in the chain of title. When the proposed plat is comprised of land
acquired from more than one (1) source of title, the outlines of the several
tracts shall be indicated upon the preliminary plat, within an inset block, or
by means of a dotted boundary line upon the preliminary plat.
3. Owner's statement...... In conformance with Section 15.2-2264 of the
Code of Virginia, every such preliminary plat, or the deed of dedication to
which the preliminary plat is attached, shall contain a statement to the effect
that the subdivision as it appears on this preliminary plat is with the free
consent and in accordance with the desires of the owners, proprietors and
trustees, if any. This statement shall be signed by the owners, proprietors and
trustees or their duly authorized agent, and shall be duly acknowledged
before some officer authorized to take acknowledgements of deeds. If the
preliminary plat is incorporated by reference to a deed, the signatures of the
owners on the deed will suffice to show that the subdivision is with their free
consent and in accordance with their desires.
D. Subdivision types.
1. Minor subdivisions...... Any subdivision involving fewer than ten (10)
lots which satisfies the following requirements may be considered a minor
subdivision:
a. No new public or private streets are created;
b. No public stormwater facilities for water quality or quantity are
required; and
C. No new public utilities are to be installed.
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2. Major subdivisions...... Any subdivision not meeting the definition of
family member subdivision (as defined in section 3.2.4) or minor subdivision
is considered a major subdivision.
3. Cluster/sliding scale "by -right" subdivisions. ..... Any subdivision
meeting the requirements of section 3.2.3.C.
E. Approving authority.
1. Minor subdivision - Administrative approval. ..... The subdivision
agent shall have the authority to approve preliminary plat applications for
minor subdivision (see section 3.2.6.D.1, above).
2. Major subdivision...... The board of supervisors shall be the approving
authority for applications for major subdivision following a recommendation
by the planning commission (see section 3.1. LA, above).
3. CIuster/sliding scale "by -right" subdivisions - Administrative approval.
..... The subdivision agent shall have the authority to approve cluster/sliding
scale "by -right" applications.
F. Public notice.
1. Public notice shall be provided in conformance with the table in section
3.2.1.D. At minimum, all applications to be acted upon at a hearing before
the planning commission (see section 3.2.1.E) shall be advertised.
2. Notification may also be required to the Virginia Department of
Transportation, Isle of Wight County School Board, Isle of Wight County
Health Department, or any other agency with review or approval authority on
the application.
G. Action by subdivision agent.
1. Review agencies (internal and external) shall review the preliminary
plat application to determine whether or not the preliminary plat generally
conforms to the requirements of this subdivision ordinance, the zoning
ordinance, and other applicable rules and regulations, and transmit comments
back to the subdivision agent. This review may include 'a meeting with the
applicant.
2. Within sixty (60) days of receipt of a completed application the
subdivision agent shall provide written comments to the applicant stating any
revisions that will be required, and the character and extent of public
improvements that will have to be made. A bona fide estimate of the cost of
construction or improvements must be furnished by the applicant upon
submittal of the construction plan. The amount of the performance bond (if
required) must be reviewed and approved as a prerequisite to approval of the
final plat. In determining the cost of required improvements and the amount
of the performance bond (if required), the agent may consult with a duly
licensed engineer who shall prepare this data for the agent.
3. If the subdivision agent determines that only minor corrections to the
application are required, the agent may approve the preliminary plat (minor
subdivision) with conditions that the corrections be remedied prior to final
plat approval, or schedule the application for review at the next regularly
scheduled planning commission meeting (major subdivision). If required
corrections are extensive, the applicant shall correct the preliminary plat
before further action is taken by the subdivision agent.
H. Action by other review bodies.
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1. Upon receipt of a completed application, the subdivision agent shall
transmit copies of the application to all other agencies and entities with
review authority over the proposed subdivision. This may include, but is not
limited to:
a. Isle of Wight County Superintendent of Schools;
b. Isle of Wight County Health Department;
C. Virginia Department of Transportation (VDOT);
d. Virginia Department of Conservation and Recreation (VDCR);
e. Virginia Department of Environmental Quality (VDEQ); and
L Virginia Marine Resources Commission (VMRC).
It will be the responsibility of the applicant to obtain required permits from
the U.S. Army Corps of Engineers and submit plats to them accordingly.
2. The review body shall review the application for conformance with all
of its pertinent rules and regulations and provide written comments to the
subdivision agent. It is anticipated that external review of an application will'
be completed in thirty (30) days or less. However, additional time may be
required due to the scope of complexity of an application. Appeals of
decisions or comments made by external review entities may be taken in the
manner provided by the specific entity.
I. Action by the planning commission (major subdivisions).
1. When all requirements have been met, the preliminary plat application,
along with all review comments, shall be considered by the planning
commission within sixty (60) days unless an extension is requested by the
applicant or as otherwise provided for in the Code of Virginia.
2. After hearing a recommendation from the subdivision agent, the
planning commission shall review the application for compliance with the
adopted Isle of Wight County land use plans, including the comprehensive
plan; proffered conditions; and conformance with the requirements of this
subdivision ordinance, the zoning ordinance, and other applicable rules and
regulations.
3. The planning commission may make a recommendation to approve the
preliminary plat as is, approve the plat subject to corrections, defer action for
additional information or corrections, or make a recommendation to deny the
application. The subdivision agent shall notify the applicant in writing of the
decision on the application. In the case of conditional approval, deferral, or
denial, the commission shall include the reasons for such action.
4. In the case of a deferral or recommendation for denial, the applicant
may take the application directly to the board of supervisors without taking
corrective action. However, the application shall be deemed to be
recommended for denial by the planning commission in this case.
J. Action by the board of supervisors (major subdivisions).
1. Upon recommendation by the planning commission, the preliminary
plat application, along with all review comments, shall be considered by the
board of supervisors within sixty (60) days unless an extension is requested
by the applicant or as otherwise provided for in the Code of Virginia.
2. After hearing a report from the subdivision agent, the board of
supervisors shall review the application for compliance with the adopted Isle
of Wight County land use plans, including the comprehensive plan; and
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conformance with the requirements of this subdivision ordinance, the zoning
ordinance, and other applicable rules and regulations.
3. The board of supervisors may approve the preliminary plat as is,
approve the plat subject to corrections, defer action for additional information
or corrections, or deny the application. The subdivision agent shall notify the
applicant in writing of the decision on the application within ten (10) days of
the hearing. In the case of conditional app oval, deferral, or denial, the
subdivision agent shall include the reasons for such action.
K. Appeal.
1. Appeal of subdivision agent decision...... Appeal of a decision by the
subdivision agent may be taken in conformance with section 3.2.12, appeal of
administrative decision.
2. Appeal of board of supervisors' decision...... Appeal of a decision by
the board of supervisors on an application for preliminary plat may be taken
by filing a written petition for certiorari with the circuit court of Isle of Wight
County within sixty (60) days of the action.
L. Revisions to approved preliminary plat.
1. The subdivision agent may approve minor revisions to an approved
preliminary plat which do not change the basic street and/or lot
configuration, or result in any changes that would require review by an
external review body (see section 3.2.6.H, above).
2. Significant changes to an approved preliminary plat, as determined by
the subdivision agent, shall be resubmitted for review and approval as if a
new application.
M. No guarantee. ..... Preliminary plat approval does not constitute a
guarantee of approval of construction plans or the final plat.
N. Duration of preliminary plat validity...... The applicant shall have not
more than twelve (12) months after receiving official notification concerning
the preliminary plat to file an application for final plat approval with the
subdivision agent in accordance with section 3.2.8, subdivision, final plat.
Failure to do so shall make the preliminary plat approval null and void. The
subdivision agent may, on written request by the applicant, grant a one-time
extension of this time limit for up to ninety (90) days.
3.2.7. Construction plans.
A. Applicability. ..... All subdivision activities that will include, the
installation of public facilities shall be required to comply with the
requirements of this section.
I. Preparer. ..... The construction plans shall be prepared by a land
surveyor or other person(s) licensed by the state board for the examination
and certification of architects, professional engineers and land surveyors to
do land surveying as defined by Section 54.1-406 of the Code of Virginia.
B. Timing. ..... Subsequent to approval or conditional approval of the
preliminary plat and prior to the submission of the final plat, the applicant
shall submit copies of the construction plans to the subdivision agent for
approval in conformance with county requirements for construction plans (as
established by the county department of planning and zoning). In order to
allow the applicant time for revisions between submittals and sufficient time
for all reviewing agencies to thoroughly review the construction plans, the
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plan should be resubmitted as soon as possible following preliminary plat
approval.
C. Application requirements. ..... Applications for construction plan
approval shall be submitted in conformance with section 3.2.1.C. At
minimum, plans shall show the following information:
1. All information contained on the approved preliminary plat (see section
3.2.2).
2. A cross section showing the proposed street construction, depth and
type of base, and type of surface.
3. A profile or contour map showing the proposed grades for the streets
and drainage facilities including elevations of existing and proposed ground
surface at all street intersections and at points of major grade change along
the center line of streets together with proposed grade lines.
4. Proposed connections with existing sanitary sewers and existing water
supply or alternate means of sewage disposal and water supply.
5. Any additional county requirements for construction plans.
D. Action by subdivision agent.
1. The subdivision agent shall distribute the construction plan application
to the applicable review bodies for review and approval.
2. The subdivision agent and other review bodies shall review the
construction plan application for conformance with the approved proffered
conditions, the approved preliminary plat and all other applicable county,
state, and federal requirements.
3. Within sixty (60) days of receipt of the completed application, the
subdivision agent shall provide written comments to the applicant indicating
areas where the application is not conforming with county requirements.
4. The applicant shall have one hundred twenty (120) days to correct the
errors on the application. This time period may be extended by the
subdivision agent for up to sixty (60) days for a total period of up to one
hundred eighty (180) days upon written request by the applicant.
5. The subdivision agent may approve or deny the application at the end
of the time period.
6. Within forty-five (45) days of receipt of a resubmittal of plans
previously disapproved, the subdivision agent shall provide written
comments to the applicant indicating areas where the application is not
conforming with county requirements, or approval of the plans if applicable.
E. Appeal of subdivision agent decision...... Appeal of a decision by the
subdivision agent (or any other administrative decision) may be taken in
conformance with section 3.2.12, appeal of administrative decision.
F. Duration of construction plan validity...... An approved construction
plan shall remain valid for five (5) years, if:
1. A permit to begin development pursuant to the construction plan, such
as a building permit or zoning permit, has been issued within twelve (12)
months of construction plan approval, and has remained continuously valid;
and
2. Building or land disturbing activity has begun on the property.
3. No major modifications to the layout were made on the final plat that
would affect the construction plan.
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G. Record drawings. ..... Upon the satisfactory completion of the
installation of the required improvements shown on the approved
construction plan and profiles, the developer must submit two (2) copies of
the completed record drawings to the subdivision agent.
3.2.8. Subdivision, final plat.
A. Applicability.
1. A final plat shall be required for all subdivisions except family member
subdivisions (see section 3.2.4).
2. In the case of an application for final plat approval for a minor
subdivision (see section 3.2.6.D.1), the subdivision agent may allow the
approved preliminary plat to serve as the final plat provided all required
notes and certifications are inserted in conformance with this section.
B. Application requirements.
1. General.
a. An application for the final plat shall be filed in conformance with
section 3.2.1.C. A listing of the minimum required information to be included
in the preliminary plat may be found in article 4, plat requirements and more
specifically in section 4.2.4, final plat requirements.
b. All required application and review fees shall be paid by the applicant.
A current list of required fees is available from the planning and zoning
department.
2. Preparer . ..... The final plat shall be prepared by a land surveyor or
other person(s) licensed by the state board for the examination and
certification of architects, professional engineers and land surveyors to do
"land surveying" as defined by Section 54.1-406 of the Code of Virginia, as
amended, who shall endorse upon each plat a signed certificate setting forth
the source of the title of the land subdivided, and the plat of record of the last
instrument in the chain of title. When the proposed plat is comprised of land
acquired from more than one (1) source of title, the outlines of the several
tracts shall be indicated upon the final plat, within an inset block, or by
means of a dotted boundary line upon the final plat.
3. Owner's statement...... In conformance with Section 15.2-2264 of the
Code of Virginia, every such final plat, or the deed of dedication to which the
final plat is attached, shall contain a statement to the effect that the
subdivision as it appears on this final plat is with the free consent and in
accordance with the desires of the owners, proprietors and trustees, if any.
This statement shall be signed by the owners, proprietors and trustees or their
duly authorized agent, and shall be duly acknowledged before some officer
authorized to take acknowledgements of deeds. If the final plat is
incorporated by reference to a deed, the signatures of the owners on the deed
will suffice to show that the subdivision is with their free consent and in
accordance with their desires.
C. Approving authority...... The subdivision agent shall be responsible for
final action on all final plat applications.
D. Action by the subdivision agent.
1. Upon receipt of a completed application, the subdivision agent shall
forward the final plat documents to the appropriate entities for review.
35
2. The subdivision agent shall have sixty (60) days to review the
application and approve the final plat as is, approve it subject to additional
corrections, defer action for additional information and corrections, or deny
it.
3. The final plat shall be approved by the subdivision agent if it meets the
following criteria:
a) Conforms with all of the provisions and requirements of this ordinance,
proffered conditions, the zoning ordinance, and other applicable county rules
and regulations;
b) Conforms with the approved preliminary plat;
c) Conforms with approved construction plans;
d) Required improvements have been satisfactorily installed and
completed or an acceptable performance guarantee has been filed with the
county (see section 3.2.8.E, below).
4. Approved or corrected final plats shall be certified by the subdivision
agent denoting approval.
5. Within forty-five (45) days of receipt of a resubmittal of plans
previously disapproved, the subdivision agent shall provide written
comments to the applicant indicating areas where the application is not
conforming with county requirements, or approval of the plans if applicable.
E. Performance guarantee. ..... In lieu of installing and completing all
required public improvements, the subdivision agent may approve a
performance bond, cash, cash bond, or other acceptable performance
guarantee to cover the costs of necessary improvements.
F. Issuance of required permits...... Upon construction plan approval by
all pertinent authorities and receipt of required bond amounts, the applicant
may apply for the necessary permits to begin site work and the installation of
improvements. All site work shall be performed in compliance with the
approved construction plan, the requirements of this ordinance, and other
applicable county, state, or federal regulations. No required permit may be
issued prior to construction plan approval.
G. Appeal of subdivision agent decision.
1. If the final plat is deferred or denied, the subdivision agent shall notify
the applicant (in writing) of the reasons for deferral or denial. The applicant
may appeal a decision to defer or deny in conformance with section 3.2.12,
appeal of administrative decision.
2. Nothing in this section shall be interpreted so as to preclude the filing
of a new final plat application for the same property if no appeal is pending
and if the corresponding preliminary plat remains valid.
H. Expiration of approval...... An approved final plat shall be recorded by
the subdivider in the office of the clerk of the circuit court of Isle of Wight
County within six (6) months of the date of final approval, or it is void (see
section 3.2.3.1), plat approval and recordation required).
I. Duration of plat validity.
1. Generally...... In compliance with Section 15.2-2261 of the Code of
Virginia, an approved final plat which has been properly recorded in the
office of the clerk of the circuit court of Isle of Wight County shall remain
valid for a period of five (5) years from the date of final plat approval.
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2. Specifically.
a. The subdivider or developer may submit a written request for an
extension of the expiration period if the request is submitted prior to the end
of the initial period of validity. The planning commission may grant one (1)
extension for a period of up to one (1) year taking into consideration the size
and phasing of the proposed development, and the laws, ordinances and
regulations in effect at the time of the request for an extension.
b. Application for minor modifications to a recorded plat made during the
period of validity does not constitute a waiver of the terms of plat validity nor
does the approval of minor modifications extend the period of validity of a
plat.
C. Nothing contained in this section shall be construed to affect:
1) The authority of the county to impose valid conditions upon approval
of any special use permit, conditional use permit or special exception;
2) The application of the Chesapeake Bay Preservation Ordinance (or
other County ordinances adopted pursuant to the Chesapeake Bay
Preservation Act) to individual lots on recorded plats; or
3) The application of any county ordinance adopted to comply with the
requirements of the federal Clean Water Act to individual lots on recorded
plats.
3.2.9. Vacation of plat.
A. Generally...... Any recorded final plat or portion of a recorded final
plat, or any interest in streets, alleys, easements for public rights of passage,
or easements for drainage granted to the board of supervisors as a condition
of the approval, may be vacated according to the provisions of Sections 15.2-
2270 through 15.2-2278 of the Code of Virginia.
B. Specifically.
1. Any interest in streets, alleys, easements for public rights of passage,
easements for drainage, and easements for a public utility as a condition of
approval may be vacated in conformance with Section 15.2-2270 of the Code
of Virginia.
2. Plats may be vacated before the sale of lots in conformance with
Section 15.2-2271 of the Code of Virginia.
3. Plats may be vacated after the sale of lots in conformance with Sections
15.2-2272 and 15.2-2274 of the Code of Virginia.
4. Boundary lines may be vacated in conformance with [section] 3.2.3.B,
waiver of subdivision requirements, and Section 15.2--2275 of the Code of
Virginia provided the vacation does not involve the relocation or alteration of
streets, alleys, easements for public passage, or other public areas.
5. A plat of subdivision may be vacated in conformance with Section
15.2-2278 of the Code of Virginia.
C. Approving authority...... The board of supervisors shall serve as the
approving authority for all plat vacation applications.
D. Application requirements. ..... An application for vacation of plat
approval shall be filed in conformance with section 3.2.1-C.
E. Action by the subdivision agent.
1. Upon receipt of a completed application, the subdivision agent shall
forward the application documents to the appropriate entities for review.
37
2. The subdivision agent shall have sixty (60) days to review the
application and approve the application as is, defer action for additional
information and corrections, or deny it.
3. Approved applications shall be certified by the subdivision agent in
writing.
F. Appeal of subdivision agent decision...... If an application is deferred
or denied, the subdivision agent shall notify the applicant (in writing) of the
reasons for deferral or denial. The applicant may appeal a decision to defer or
deny in conformance with section 3.2.12, appeal of administrative decision.
G. Duty of the clerk...... Upon receipt of an approved and certified plat
vacation, the clerk of circuit court of Isle of Wight County shall write in plain
legible letters across such plat, or the part thereof so vacated, the word
"vacated," and also make a reference on the plat to the volume and page in
which the instrument of vacation is recorded (see Section 15.2-2276 of the
Code of Virginia).
A. Applicability...... The board of supervisors may consider waivers from
certain requirements of this ordinance where the strict application of the
requirement would cause unnecessary hardship to the subdivider.
B. Application requirements...... A request for a waiver shall be filed in
conformance with section 3.2.1.C.
C. Action by the subdivision agent...... The subdivision agent shall review
the request and place the completed application and the agent's
recommendation on the next available board of supervisors meeting agenda.
D. Action by the board of supervisors.
1. The subdivision agent shall present the application at the board of
supervisors meeting.
2. The applicant shall be present at the meeting to respond to questions.
3. Following the hearing on the application, the board of supervisors may
approve, approve with conditions, deny, or continue an application.
E. Criteria for waiver...... To approve a request for waiver, the board of
supervisors shall make an affirmative finding that all of the following criteria
are met:
1. That granting the waiver will not have an adverse impact on land use
compatibility;
2. That strict adherence to the general regulations would result in
substantial injustice or hardship;
3. The waiver has not been opposed in writing by the county, VDOT
engineer, or health official;
4. That granting the administrative waiver shall be consistent with the
purposes and intent of this ordinance.
3.2.11. Ordinance text amendment.
A. Applicability.
1. The board of supervisors shall consider amendments to the text of this
ordinance, as may be required from time to time.
2. Amendments to the text of this ordinance shall be made in accordance
with the provisions of this section and Section 15.2-2223 et seq. of the Code
of Virginia.
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3. A request to amend the text of this ordinance may be initiated by the
board of supervisors, the planning commission, the subdivision agent, or a
citizen.
B. Action by the subdivision agent. ..... The subdivision agent shall
prepare a staff report that reviews the proposed text amendment request in
light of any applicable plans and the general requirements of this ordinance.
C. Action by the planning commission.
1. General procedures.
a. Before making any recommendation on a text amendment, the planning
commission shall consider any recommendations from the subdivision agent,
and shall conduct a public hearing where interested parties may be heard.
b. Notice and public hearing requirements shall be in accordance with
section 3.2. LD, notice and public hearings.
C. The commission shall make its recommendation within ninety (90)
days of its initial public hearing.
d. When a recommendation is not made within the time period, the board
of supervisors may process the request without a commission
recommendation.
2. Changed application...... If the applicant makes significant changes to
the application for a text amendment after the commission has made its
recommendation, the subdivision agent may refer the modified request back
to the commission for an additional public hearing.
D. Action by the board of supervisors.
1. Before taking action on a text amendment, the board of supervisors
shall consider the recommendations of the planning commission and
subdivision agent, and shall conduct a public hearing.
2. Notice and public hearing requirements shall be in accordance with
section 3.2.1.13, notice and public hearings.
3. Following the public hearing, the board of supervisors may approve the
amendment, deny the amendment, or send the amendment back to the
planning commission or a committee of the board of supervisors for
additional consideration.
3.2.12. Appeal of administrative decision.
A. Applicability...... An appeal by any person aggrieved by a final order,
interpretation or decision of the administrative official authorized to make
decisions in regard to the provisions of this ordinance may be taken to the
board of supervisors, except as otherwise provided in this ordinance.
B. Application requirements.
1. An appeal of an administrative decision shall be taken by filing a
written notice of appeal specifying the grounds for the appeal with the
subdivision agent and the board of supervisors.
2. An application for an appeal of an administrative decision shall be filed
with the planning and zoning department in accordance with section 3.2.1.C,
application requirements.
3. A notice of appeal of an administrative decision shall be considered
filed when a complete application is delivered to the subdivision agent.
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C. Deadline for submission of application...... Unless specified otherwise,
an appeal of an administrative decision shall be filed with the board of
supervisors within thirty (30) days of receipt of the decision.
D. Notice and public hearings. ..... Upon receipt of a completed
application, the subdivision agent shall schedule a public hearing at the first
available board of supervisors meeting and give public notice as set forth in
section 3.2.1.1), notice and public hearings.
E. Action by the subdivision agent. ..... The subdivision agent shall
transmit to the board of supervisors all the papers constituting the record of
the action being appealed.
F. Action by board of supervisors.
1. The board of supervisors may reverse or affirm (wholly or partly) or
may modify the order, requirement, decision, or determination being
appealed and shall make any order, requirement, decision or determination
that in its opinion ought to be made in the case before it. To this end, the
board of supervisors shall have all the powers of the official being appealed.
2. If a motion to reverse or modify is not made, or fails to receive the
necessary number of votes to overturn the decision, then appeal shall be
denied.
3. Any motion to overturn or modify a decision shall state the specific
reasons or findings of fact that support the motion.
G. Effect of appeal.
1. An appeal shall stay all further activity resulting from the action
appealed, unless the administrative official being appealed certifies to the
board of supervisors that a stay would, in his or her opinion, cause imminent
peril to life or property or that because the appeal is transitory in nature a stay
would seriously interfere with the effective enforcement of this ordinance.
2. An appeal shall not stop action lawfully approved (including
construction activities authorized by a building permit); only actions
impacted by the appeal and presumed in violation of this ordinance are
stayed.
H. Appeal of elected official decision. ..... Appeal of the board of
supervisors' action under this subsection may be taken by filing a petition for
certiorari with the circuit court for Isle of Wight County. (Ord. No. 2011-15-
C, 8-4-11; Ord. No. 2012-11-C, 10-18-12; 5-1-14; 11-19-15.)
BE IT FURTHER ORDAINED by the Isle of Wight County Board of
Supervisors that Appendix B. Zoning. Article 1, General Provisions. Section
1-1016. Conditional Zoning be amended and reenacted as follows:
APPENDIX B.
ZONING
Article 1. General Provisions.
Section 1-1016. Conditional Zoning
A. In order to provide a more flexible and adaptable zoning method to
permit differing land uses and to recognize effects of change, conditional
zoning is permitted. That is, a zoning reclassification may be allowed subject
to certain conditions proffered by the zoning applicant for the protection and
well-being of the community that are not generally applicable to land
similarly zoned.
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B. For purposes of this section, the following terms shall have the
meanings set forth as follows:
New residential development. Means any construction or building expansion
on residentially zoned property, including a residential component of a
mixed-use development, that results in either one or more additional
residential dwelling units or, otherwise, fewer residential dwelling units,
beyond what may be permitted by right under the then -existing zoning of the
property, when such new residential development requires a rezoning or
proffer condition amendment.
New residential use. Means any use of residentially zoned property that
requires a rezoning or that requires a proffer condition amendment to allow
for new residential development.
Offsite proffer. Means a proffer addressing an impact outside the boundaries
of the property to be developed and shall include all cash proffers.
Proffer condition amendment. Means an amendment to an existing proffer
statement applicable to a property or properties.
Public facilities. Means public transportation facilities, public safety
facilities, public school facilities, or public parks.
Public facility improvement. Means an offsite public transportation facility
improvement, a public safety facility improvement, a public school facility
improvement, or an improvement to or construction of a public park. No
public facility improvement shall include any operating expense of an
existing public facility, such as ordinary maintenance or repair, or any capital
improvement to an existing public facility, such as a renovation or
technology upgrade, that does not expand the capacity of such facility. For
purposes of this definition, the term "public park" shall include playgrounds
and other recreational facilities.
Public safety facility improvement. Means construction of new law-
enforcement, fire, emergency medical, and rescue facilities or expansion of
existing public safety facilities, to include all buildings, structures, parking,
and other costs directly related thereto.
Public school facility improvement. Means construction of new primary and
secondary public schools or expansion of existing primary and secondary
public schools, to include all buildings, structures, parking, and other costs
directly related thereto.
Public transportation facility improvement. Means (i) construction of new
roads; (ii) improvement or expansion of existing roads and related
appurtenances as required by applicable standards of the Virginia Department
of Transportation; and (iii) construction, improvement, or expansion of
buildings, structures, parking, and other facilities directly related to transit.
Residentially zoned property. Means property zoned or proposed to be zoned
for either single-family or multifamily housing.
C. The owner of land seeking a rezoning may provide, by voluntarily
proffering in writing, reasonable conditions as part of the application for
rezoning, for which such conditions or proffers are in addition to the
regulations provided for the zoning district. Proffered conditions shall
constitute a part of the rezoning or amendment to the zoning map and shall
remain in effect even if the property is sold.
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1. Conditional uses may be considered as a permitted use and granted by
the board of supervisors when included as a part of a conditional zoning
amendment, and shall not require a separate conditional use permit
application.
D. The terms of all proffered conditions must be submitted in writing by
the owner ten (10) days prior to a public hearing before the board of
supervisors provided that the conditions are in accordance with the
following:
1. The rezoning itself gives rise to the need for the conditions;
2. Such conditions have a reasonable relation to the rezoning; and;
3. All such conditions are in conformity with the Isle of Wight County
Comprehensive Plan.
E. The zoning administrator shall have sole authority to meet with any
applicant to discuss proffered conditions. No such meeting with the zoning
administrator shall occur without the presence of the county attorney to
ensure compliance with the restrictions set forth in Section 15.2-2303.4 of
the Code of Virginia (1950, as amended).
F. For new residential developments and new residential uses submitted
after July 1, 2016, the determination as to reasonableness and acceptability of
voluntary proffers will be evaluated by the Planning Commission and Board
of Supervisors based upon the following criteria:
1. The voluntary proffer addresses an impact that is specifically
attributable to the proposed new residential development or other new
residential use applied for; and
2. The voluntary offsite proffer (i) addresses an impact to an offsite
public facility, such that (a) the new residential development or new
residential use creates a need, or an identifiable portion of a need, for one or
more public facility improvements in excess of existing public facility
capacity at the time of the rezoning or proffer conditions amendment and (b)
each such new residential development or new residential use applied for
receives a direct and material benefit from a proffer made with respect to any
such public facility improvements. For purposes of this subsection, the
Planning Commission and Board of Supervisors may base their assessment of
public facility capacity on the projected impacts specifically attributable to
the new residential development or new residential use.
G. There shall be no amendment or variation of proffered conditions as
part of an approved rezoning until after a public hearing before the board of
supervisors advertised pursuant to the provisions of this ordinance. However,
where an amendment to the proffered conditions is requested by the
applicant, and where such amendment does not affect conditions of use or
density, the board of supervisors may waive the requirements of a public
hearing. Once so amended, the proffered conditions shall continue to be an
amendment to the ordinance and may be enforced by the zoning
administrator pursuant to the provisions of the ordinance.
H. The zoning administrator is vested with all necessary authority on
behalf of the governing body of the locality to administer and enforce
conditions attached to a rezoning or amendment to a zoning map. Any zoning
applicant or any other person who is aggrieved by a decision of the zoning
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administrator may petition the governing body for review of the decision of
the zoning administrator. All petitions for review shall be filed with the
zoning administrator and with the clerk of the governing body within thirty
(30) days from the date of the decision for which review is sought and shall
specify the grounds upon which the petitioner is aggrieved. A decision by the
governing body on an appeal taken pursuant to this section shall be binding
upon the owner of the property which is the subject of such appeal only if the
owner of such property has been provided written notice of the zoning
violation, written determination, or other appealable decision. An aggrieved
party may petition the circuit court for review of the decision of the
governing body on an appeal taken pursuant to this section. Every action
contesting a decision of the local governing body adopting or failing to adopt
a proposed zoning ordinance or amendment thereto or granting or failing to
grant a special exception shall be filed within thirty (30) days of the decision
with the Isle of Wight County Circuit Court. Nothing herein shall be
construed to create any new right to contest the action of the local governing
body. (7-7-05; 9-24-09; Ord. No. 2011-1-C, 1-6-11; Ord. No. 2013-3-C, 4-
18-13.)
COUNTY ADMINISTRATOR'S REPORT
Andrea Clontz, Emergency Management Coordinator, addressed the Board
on progress made to date and timeline associated with the Emergency
Communications radio system and briefed the Board relative to the potential
for grant funds, a lease option agreement with a private land owner, and other
back-up sites.
Supervisor Grice requested that the Board be provided an outline of
anticipated maintenance and operating costs.
Michael Terry, Director of Budget & Finance, provided a summary overview
of the County's Quarterly Financial Report for 1st Quarter of FY2017 for the
Board's information.
Mr. Terry briefed the Board on the Economic Development Authority's
promissory note which will be treated as a capital contribution to the
Authority.
Mr. Terry provided a status report on the current year budget report on the
Capital Maintenance Fund for public schools for the Board's information.
Mr. Terry provided a status report on the annual audit for fiscal year ending
June 30, 2016.
Matters for the Board's information and contained in agenda were highlighted
by County Administrator Keaton.
UNFINISHED/OLD BUSINESS
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An Ordinance to Amend and Reenact the Following Sections of the Isle of
Wight County Code, Appendix B, Zoning: Article 11, Interpretations and
Basic Definitions; Section 2-1002, Definitions; Article III, Use types;
Sections 3-4000, Civic Use Types and 3-6000, Commercial Use Types;
Article IV, Zoning Districts and Boundaries; Article V, Supplementary Use
Regulations; Section 5-2000, Supplementary Density and Dimensional
Regulations, Section 5-5001, Supplementary Use Regulations for
Agricultural Use Types, Section 5-5002, Supplementary Use Regulations for
Residential Use Types, Section 5-5005, Supplementary Use Regulations for
Commercial Use Types; and Article X, Vehicle Parking Facilities; Section
10-1010, Table of Use Types and Parking Requirements; in Order to Review
and Revise Use Types, Bulk Regulations
It was the consensus of the Board that the matter be returned to the Board
when changes discussed during the work session are incorporated.
Donald Robertson, Assistant County Administrator, formally introduced
David Smith, the County's newly hired Director of Parks & Recreation.
Mr. Robertson presented for consideration a resolution identifying the
County's critical legislative priorities for the 2017 Session of the General
Assembly.
Supervisor Jefferson moved that the following Resolution be adopted which
passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice
and McCarty voting in favor of the motion and no Supervisors voting against
the motion:
RESOLUTION ESTABLISHING ISLE OF WIGHT COUNTY'S
LEGISLATIVE PRIORITIES FOR THE 2017 SESSION OF THE
GENERAL ASSEMBLY
WHEREAS, the General Assembly considers numerous issues that affect
local governments both directly and indirectly; and,
WHEREAS, the County of Isle of Wight has specific interest in matters
dealing generally with local governments, as well as with matters directly
impacting the County of Isle of Wight; and,
WHEREAS, such interest should be shared with Isle of Wight County's
General Assembly Delegation so that it may know of the County's position
on these important issues.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of the County of Isle of Wight endorses the attached
legislative proposals for the 2017 General Assembly Session and directs that
both this resolution and the legislative priorities be forwarded to Isle of
Ur.
Wight County's General Assembly Delegation and that staff work with and
assist the Delegation as appropriate.
Regarding An Ordinance to Amend and Reenact the Isle of Wight County
Code by Amending and Reenacting Chapter 4, Buildings, Art Berkley,
Director of Inspections, referred the Board to information contained in the
agenda responsive to concerns raised at its August 18, 2016 meeting.
Supervisor Jefferson moved that the following Ordinance be adopted which
passed unanimously (5-0) with Supervisors AIphin, Jefferson, Acree, Grice
and McCarty voting in favor of the motion and no Supervisors voting against
the motion:
AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT
COUNTY CODE BY AMENDING AND REENACTING CHAPTER 4.
BUILDINGS
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia,
deems it necessary to revise its local ordinance related to the adoption of the
Virginia Uniform Statewide Building Code and its application throughout
Isle of Wight County in order to comply with current state law;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Chapter 4. Buildings. be amended and reenacted as
follows:
Article I. - Virginia Uniform Statewide Building Code.
Sec. 4-1. — Purpose of article.
The purpose of this article is to preserve and secure the health, safety and
general welfare of the citizens of Isle of Wight County, Virginia, and for
those who are domiciled elsewhere but who visit or are employed in the
County, by assuring proper construction, alteration, addition, repair, removal,
demolition, location, use and occupancy, and maintenance of all buildings
and structures and their service equipment within the County.
Sec. 4-2. — Establishment of building inspection department; duties of
building inspector.
There is hereby established a building inspection department whose
responsibility it is to enforce the provisions of this Chapter. The cost of
enforcement may be defrayed through the Ievying of fees by the county as
provided in Section 36-105 of the Code of Virginia (1950, as amended). The
building official or inspector shall be responsible for the organization and
daily operation of the department. (11-13-73, § 2.)
Sec. 4-3. — Adoption; amendments.
There is hereby adopted by reference in the county that certain code known
as the Virginia Uniform Statewide Building Code, Volume I, The Virginia
Construction Code, Volume II, the Virginia Rehabilitation Code and Volume
III, the Virginia Maintenance Code as of the effective date set forth below or
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subsequently issued, and the whole thereof, and the same is hereby
incorporated herein as fully as if set out in length. The effective date of the
provisions of such code is September 9, 1974, and shall control all matters set
forth in Section 4-1 above, and all other functions which pertain to the
installation of systems vital to all buildings and structures and their service
equipment as defined by such code, and shall apply to all existing and
proposed structures in the county. The code adopted by this section shall be
hereinafter referenced in this Chapter as the "Building Code".
For state law as to ditty of county to enforce Virginia Unifoj nz Statewide
Building Code, see Code of Va., § 36-105. As to statutoi-y provisions of
Virginia Unifoj ni Statewide Building Code, see Code of Va., §§ 36-97 to 36-
119.1.
Sec. 4-4. - When and where copies may be obtained.
A copy of the Building Code is on file in the Isle of Wight County
Department of Inspections Office which is open for inspection between the
hours of 9:00 A.M. and 5:00 P.M. on Monday through Friday of each week.
The clerk will provide information as to where additional copies may be
obtained. (11-3-73, § 7.)
Article II. — Board of Appeals.
Sec. 4-5. — Establishment.
There is hereby established a board of appeals as provided for in Section
118.0 of the Building Code, as adopted in Article I of this Chapter.
Sec. 4-6. — Appointment.
Members appointed to the building board of appeals in office prior to the
effective date of this ordinance shall remain in office with the board of
appeals until their term of office shall expire. Any subsequent appointments
and reappointments shall continue to be made under the provisions of Section
118.0 of the Building Code with respect to term of office and qualifications
of members; provided, that no member shall be appointed for more than two
consecutive five-year terms. The building official shall serve as secretary to
the building board of appeals.
Sec. 4-7. — Jurisdiction.
The jurisdiction of such board in acting on any appeal shall include the entire
scope of the Building Code, as the same may be amended, and as adopted in
Article I of this Chapter. Such board shall also act on any appeal specifically
provided for in such other building regulations as may be established by this
Code.
Article III. — Violations and Penalties.
Sec. 4-8. — Provisions governing prosecution; authority of building official or
other special conservator of the peace.
The provisions of the Building Code shall govern the prosecution of
violations of such code as adopted in Section 4-3 of this Chapter; provided,
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that the building official or any person assigned to building inspection who
has been appointed as a special conservator of the peace shall have the
authority to serve a written notice of violation and to order the abatement of
such violation. The building official or any other special conservator of the
peace is hereby granted the authority to swear a summons to the general
district court for any person in the county who shall fail to obtain a lawful
order contained in such notice of violation.
Sec. 4-9. - Penalties; sanctions, injunctive relief, fines.
A. It shall be unlawful for any owner or any other person, firm or
corporation, on or after the effective date of any Building Code provisions or
fail to comply with any of the requirements thereof or erect, construct, alter
or repair a building or structure in violation of an approved plan or directive
of the building official or in violation of a permit or certificate issued under
the Building Code, and shall be punishable pursuant to Section 36-106 of the
Code of Virginia (1950, as amended) as follows:
(1) Criminal sanctions. Upon conviction, any owner or any other person,
firm or corporation shall be guilty of a misdemeanor and shall be punished by
a fine of not more than $2,500.00. Any person convicted of a second offense
committed within Iess than five years after a first offense shall be punished
by a fine of not less than $1,000.00 nor more than $2,500.00. Any person
convicted of a third or subsequent offense involving the same property
committed within ten years of an offense shall be punished by confinement in
jail for not more than ten days and a fine of not less than $2,500.00 nor more
than $5,000.00, either or both. No portion of the fine imposed for such third
or subsequent offense committed within ten years shall be suspended.
Provisions requiring a minimum fine shall apply only to convictions for
Building Code violations which cause a building or structure to be unsafe or
unfit for human habitation.
(2) Civil fines:
(a) Any person who violates any provision of the Building Code and
who fails to abate or remedy the violation promptly after receipt of notice of
violation from the local enforcement officer shall be assessed a civil penalty
in accordance with the following uniform schedule:
1. Failure to obtain a building permit before work begins:
a. First offense ....$100.00 per day
b. Subsequent offenses for same violation ....$350.00 per day
2. Failure to obtain a certificate of occupancy before commencement of
occupancy:
a. First offense ....$100.00 per day
b. Subsequent offenses for same violation ....$350.00 per day
3. Failure to obtain any required inspection:
a. First offense ....$100.00 per day
b. Subsequent offenses for same violation ....$350.00 per day
4. Violation of any other provision of the Building Code:
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a. First offense ....$100.00 per day
b. Subsequent offenses for same violation ....$350.00 per day
Each day during which a violation is found to exist shall be a separate
offense. However, in no event shall specified violations arising from the
same set of operative facts be charged more frequently than once in a ten-day
period and in no event shall a series of such violations result in civil penalties
of more the $4,000.00.
Designation of a particular Code of Virginia violation for a civil penalty
pursuant to this section shall be in lieu of criminal sanctions, and except for
any violation resulting in injury to persons, such designation shall preclude
the prosecution of a violation as a misdemeanor.
(b) Any person summoned for a scheduled violation may make an
appearance in person or in writing by mail to the county treasurer prior to the
date fixed for trial in court. Any person so appearing may enter a waiver of
trial, admit liability, and pay the civil penalty established for the offense(s)
charged. Such persons shall be informed of their right to stand trial and that a
signature to an admission of liability will have the same force and effect as a
judgment of court. As a condition of waiver of trial, admission of liability,
and payment of a civil penalty, the violator and a representative of the county
shall agree in writing to terms of abatement or remediation of the violation
within six months after the date of payment of the civil penalty. If a person
charged with a scheduled violation does not elect to enter a waiver of trial
and admit liability, the violation shall be tried in the general district court in
the same manner and with the same right of appeal as provided for by law. In
any trial for a scheduled violation authorized by this section, it shall be the
burden of the locality to show the liability of the violator by a preponderance
of the evidence. An admission of liability or finding of liability shall not be a
criminal conviction for any purpose.
(3) Injunctive relief. Except as otherwise provided by the court for good
cause shown, any violation or attempted violation of this Chapter shall be
abated or remedied within six months of the date of the assessment of the
conviction. If the violation concerns a residential unit and if the violation
remains uncorrected at the time of the conviction, the court shall order that
the violation be abated or remedied in order to comply with the Code of
Virginia. If the violation concerns a nonresidential building or structure, and
if the violation remains uncorrected at the time of assessment of the civil
penalty, the court may order the violator to abate or remedy the violation in
order to comply with the Code of Virginia. Injunctive relief shall be in
addition to any criminal or civil penalty imposed by the court. Civil or
criminal action may be brought in conjunction with a separate action for
injunctive relief. However, the offenses designated for civil penalties above
shall be in lieu of criminal enforcement.
B. Any owner or any other person, firm or corporation violating any Code
provisions relating to the removal or the covering of lead -base paint which
poses a hazard to the health of pregnant women and children under the age of
six years who occupy the premises shall, upon conviction, be guilty of a
misdemeanor and shall be subject to a fine of not more than two thousand
five hundred dollars. If the court convicts pursuant to this subsection and sets
a time by which such hazard must be abated, each day the hazard remains
unabated after the time set for the abatement has expired shall constitute a
separate violation of the Uniform Statewide Building Code. Upon a
reasonable showing to the court by a landlord as defined in section 55-248.4,
that such landlord is financially unable to abate the lead -base paint hazard,
the court shall order any rental agreement related to the affected premises
terminated effective thirty days from the entry of the court order. For the
purposes of the preceding sentence, termination of the rental agreement shall
not be deemed noncompliance by the landlord pursuant to section 55-248.1.
C. Any prosecution under this section shall be commenced within two
years as provided in section 19.2-8 of the Code of Virginia.
Sec. 4-10. — Authority of county attorney as to abatement.
The imposition of the penalties herein prescribed shall not preclude the
county attorney from instituting appropriate action to prevent unlawful
construction or to restrain, correct or abate a violation, or to prevent illegal
occupancy of a building, structure or premises, or to stop an illegal act,
conduct business or use of a building or structure in or about any premises.
For similar state law, see Code of Va., § 36-106. As to genei-al Penalty, see §
1-7 of this Code. As to continiting violations, see l 1-S.
Article IV. - Inspections.*
* Prior ordinance history: Ords. dated 1-10-74; 9-5-74; 11-15-74; 5-3-79; 11-
19-80; 6-16-88; 9-21-00; 12-16-04; Ord. No. 2010-12-C, 7-15-10; Ord. No.
2011-16-C, 8-4-11.
Sec. 4-11. - Existing buildings or structures.
(a) Inspections will be provided by the building official of the county of
existing buildings or structures to determine if same are in compliance with
the requirements of the Uniform Statewide Building Code at the request of
the owner thereof upon payment to the county of a fee as shall be set forth in
the Isle of Wight County Uniform Fee Schedule, as adopted by the board of
supervisors, as it may be amended.
(b) Issuance of certificates of compliance for existing elevators and
associated equipment by the building official of the county at the request of
the owner upon receipt of adequate proof of inspection in accordance with
ASME Standards A17.2.1 and A17.2.2 and payment of a 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.
Sec. 4-12. - Technology fee.
There shall be a percentage 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, applied to permit fees for all categories to support the
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purchase, maintenance and support for the equipment and software to
facilitate departmental ecommerce.
Sec. 4-13. - Uncertified mobile homes.
There shall be a 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,
for the inspection of mobile homes manufactured after January 1, 1972, that
do not bear the proper inspection seals as approved by the Virginia
Industrialized Building Unit and Mobile Homes Safety Regulations, Article
5. The department of building inspections, upon request of the dealer, shall
inspect and certify unlabeled mobile homes as reasonably safe to be used
only in the county as directed by Article I, Section 103, of the Virginia
Industrialized Building Unit and Mobile Homes Safety Regulations.
Sec. 4-14. -- Generally.
On all buildings, structures, alterations or repairs requiring a building permit,
including plumbing, electrical and mechanical installation, as defined in the
building code, plumbing code, electrical code and mechanical code as
adopted by the state and entitled the uniform statewide building code, fees
shall be paid 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.
(STATE LAW REFERENCE—Code of Va., § 36-105.)
Article V. - Removal or Repair of Buildings.
Sec. 4-15. - Board of supervisors to prescribe removal, etc., if public health
or safety endangered—Notice to owner.
The owners of property in the county shall at such time or times as the board
of supervisors may prescribe, remove, repair or secure any building, wall or
any other structure which might endanger the public health or safety of other
residents of the county.
The board of supervisors of the county through its own agents or employees
may remove, repair or secure any building, wall or any other structure which
might endanger the public health or safety of other residents of the county,
wherein the owner of such property after reasonable notice and a reasonable
time to do so has failed to remove, repair or secure such building, wall or
other structure.
For state law as to authority of county to require removal, repair, etc., of
buildings, see Code of Va., § 15.2-906.
Sec. 4-16. - Same—Costs chargeable to owner.
In the event the board of supervisors of the county through its own agents or
employees removes, repairs or secures any building, wall or any other
structure after complying with the notice provisions of this article, the cost or
expenses thereof shall be chargeable to and paid by the owners of such
property and may be collected by the county as taxes and levies are collected.
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Any charge authorized by this section with which the owner of any such
property shall have been assessed and which remains unpaid shall constitute
a lien against such property.
Supervisor McCarty moved that the following Resolution be adopted which
passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice
and McCarty voting in favor of the motion and no Supervisors voting against
the motion:
RESOLUTION TO AMEND CHAPTER 3, COMMUNITY AND
ECONOMIC DEVELOPMENT, ARTICLE VIII, CODE ENFORCEMENT
POLICY, OF THE COUNTY POLICY MANUAL
WHEREAS, the County has established procedures to be followed in the
enforcement of code violations and other violations dealing with land use
under Chapter 3 Community and Economic Development, Article VIII; and,
WHEREAS, the Board of Supervisors desires to revise and amend Chapter 3
Community and Economic Development to include procedures to be
followed in the enforcement of code violations and other violations dealing
with building and maintenance codes; and
NOW, THEREFORE, BE IT RESOLVED that Chapter 3 Community and
Economic Development, Article VIII is hereby revised and amended as
follows:
ARTICLE VIII
Code Enforcement Policy
(Adopted April 21, 2005)
Division I — Land Use
Section 8.0
General Principles
The Code Enforcement Policy contains the procedures to be followed in the
enforcement of code violations and other violations dealing with land use.
The establishment of this policy is deemed necessary to ensure fairness and
consistency in administering the code enforcement provisions of the Isle of
Wight County Code.
Section 8.1
Administration
5I
The Zoning Administrator (under the supervision of the Assistant County
Administrator) shall be responsible for administering the Code Enforcement
Policy and maintaining a fair and consistent process for code related
violations. The Code Enforcement Officer(s) is responsible for the day-to-
day application and enforcement of the policy.
A database shall be established to track the history of code violations on
individual properties.
Section 8.2
A licabilit
The following types of violations shall be governed by the provisions of the
Code Enforcement Policy and are grouped according to the severity of the
type of offense:
Type I Offenses:
• Garbage, Weeds and Litter
• Abandoned and Inoperative Motor Vehicles
• Miscellaneous Zoning Violations
Type II Offenses:
Wetlands, Chesapeake Bay and Erosion and Sediment Control Violations
• Junk Yard, Garbage Dump, Rubble and Sanitary Landfill
Type III Offenses:
• Violations of Imminent Threat to Health and Safety
Section 8.3
Method for Discovery of Violations
The discovery of violations may be reported by the following methods:
a. Written or Verbal Correspondence is an acceptable means of receiving
a complaint of possible violation. The complaint may be made by
written correspondence, by telephone communication, or in person. A
complainant is not required to disclose his or her name when reporting
a possible violation.
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b. Field Observation is another acceptable means of receiving a complaint
of possible violation. Any member of the County staff or elected or
appointed office may observe a complaint while in the field and relay
the possible violation to the Code Enforcement Officer for
investigation.
C. The Code Enforcement Officer shall maintain a record of all
complaints, including the date, time, property identification, and
method of discovery.
Section 8.4
Required Procedures for Investigating a Complaint of Violation
a. Desk Research to be completed:
The complaint must be logged on a form designated by the Zoning
Administrator and approved by the County Attorney for use under the
Code Enforcement Policy. All information must be completed, and the
required desk research completed in an attempt to assess the validity of
the complaint prior to the conducting an initial field inspection.
b. Initial Field Inspection:
An initial field inspection shall be conducted prior to sending written
correspondence regarding the complaint. The Code Enforcement
Officer shall attempt to make personal contact with the property owner
while conducting the initial field inspection. If the complaint does not
involve an imminent threat to health or safety, the Code Enforcement
Officer shall attempt to inform the property owner by telephone of the
anticipated date and time of the field inspection so that the property
owner may be present if he wishes.
If the Code Enforcement Officer is unable to make contact with the
property owner after making two separate attempts to call the property
owner on different days, the Codes Enforcement Officer may proceed
with the field inspection.
1. If, during the field inspection, it is determined that property
owner is not present on the property, a door hanger or similar
notification shall be left in the most visible location possible to
advise the property owner or occupant to contact the Code
Enforcement Officer with regard to the violation.
2. If, during the field investigation, it is determined that the property
is vacant, a first notice shall be forwarded in accordance with the
provisions of this policy.
C. First Written Notice:
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If, after the initial field inspection is conducted, the complaint is
determined to be valid, a first notice shall be forwarded in accordance
with the provisions of this policy.
Should a determination be made that the violation may also be in
violation of regulations of another department and/or State or federal
agency, based upon the knowledge of the Code Enforcement Officer,
notification of such referral shall be included in the first written notice
in accordance with subsection (d) below.
C. Notification to Other Departments and/or External Agencies:
If the violation is deemed to be solely under the jurisdiction of another
department and/or external State or federal agency, a written notice
shall be forwarded to the agency with jurisdiction over the violation.
The property owner shall also be notified that the determination of
violation may involve another agency's jurisdiction.
e. Active File Maintenance:
A file shall be maintained on all active violations and shall include:
• Copy of the completed complaint form;
• Documentation of all verbal and written communication;
• Photographs of the violation;
• Field inspection notes, including the date of the inspection and
whether initial contact was made with the property owner; and
• Relevant legal documents.
Section 8.5
Method for Processing Violations
a. Type I Offenses
Following the initial field inspection and a determination that a violation
exists, the following steps shall be undertaken in processing a Type I Offense
until the violation is resolved:
1. First Notice of written correspondence shall be forwarded to the
property owner of record in the County Real Estate Office by
regular mail. The first written notice shall include the nature of
the violation, the date of the initial inspection, the required
54
corrective action (including any options providing resolution
under the provisions of the appropriate Code and/or Ordinance),
the time allowed for resolution of the complaint and date of
expiration, typically fifteen (15) working days as determined by
the Code Enforcement Officer, and notification of referrals to
other departments and external agencies.
2. After the time period for correction of the violation has lapsed, a
follow-up inspection shall be conducted and should include an
attempt to make personal contact with the property owner to
verify compliance and/or reasons for noncompliance.
a. The Code Enforcement Officer shall conduct a second
inspection once the time allowed in the first notice has
expired, allowing for reasonable time for delivery of the
notice.
b. On a case-by-case basis, the Code Enforcement Officer
may allow for a reasonable extension of time, if it is
determined that significant progress has been made, or
should the property owner represent circumstances that
would warrant such extension. Written documentation
shall be placed in the file noting the reason the time
extension is being granted and the amount of additional
time that is being allowed to correct the violation.
3. If compliance has not been achieved, a second notice shall be
sent by regular mail, advising the property owner of the County's
intent to exercise its authority to correct the violation if
compliance is not achieved within seven (7) working days.
4. If compliance is not achieved under the terms set forth in the
second notice, a third notice shall be forwarded by certified mail
setting forth the steps the County proposes in exercising its
authority to correct the violation, and shall be in accordance with
the following procedures:
a. Garbage, Weeds and Litter Violations
i. The County shall retain contracted services to resolve the
violation and bill the property owner for the cost of the
services.
ii. The property owner shall receive two (2) invoices allowing
thirty (30) days each for payment of the invoice.
iii. If payment is not received within thirty (30) days after the
second invoice, collection of payment in accordance with
55
provisions of law, subject to the approval of the County
Attorney:
A lien shall be placed against the property on which
the violation occurred, and shall include collection
fees.
If the property is sold before payment is collected, a
garnishment or levy shall be sought to satisfy
payment and shall include collection fees.
Legal action shall not take place without prior
approval of the County Attorney.
b. Abandoned and Inoperable Vehicle Violations:
The County shall retain contracted services to remove the
abandoned and/or inoperable vehicle for disposal at a licensed
salvage yard. This service shall be at no cost to the County,
unless otherwise approved by the Board of Supervisors.
C. Miscellaneous Zoning Violations:
a. The property owner shall be re -advised of the options
specified under the Zoning Ordinance that may provide for
resolution of the violation, and shall be given ten (10)
working days to file the required application.
b. If the property owner fails to file the required application,
fails to follow through with the application process, or the
application is denied, the Code Enforcement Officer shall
take appropriate legal action in accordance with provisions
of law, subject to the approval of the County Attorney.
If the application is denied, the Code Enforcement Officer
shall allow seven (7) working days for the property owner
to correct the violation before filing proceedings with legal
action. A reasonable extension of time may be granted if it
is determined that significant progress has been made, or
should the property owner represent circumstances that
would warrant such extension. Written documentation
shall be placed in the file noting the reason the time
extension is being granted and the amount of additional
time that is being allowed to correct the violation.
iii. A fourth written notice shall be forwarded by certified mail
advising the property owner that the legal action has been
taken.
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iv. Legal action shall not take place without prior approval from
the County Attorney.
b. Type II Offenses
Following the initial field inspection and a determination that a violation
exists, the following steps shall be undertaken in processing a Type II
Offense until the violation is resolved:
1. First Notice of written correspondence shall be forwarded to the
property owner of record in the County Real Estate Office. The first
written notice shall include the nature of the violation, the date of the
initial inspection, the required corrective action (including any options
providing resolution under the provisions of the appropriate Code
and/or Ordinance), the time allowed for resolution of the complaint and
date of expiration, typically fifteen (15) working days as determined by
the Code Enforcement Officer, and notification of referrals to other
departments and external agencies.
2. After the time period for correction of the violation has lapsed, a
follow-up inspection shall be conducted and should include an attempt
to make personal contact with the property owner to verify compliance
and/or reasons for noncompliance.
a. The Code Enforcement Officer shall conduct a second inspection
once the time allowed in the first notice has expired, allowing for
reasonable time for delivery of the notice.
b. On a case-by-case, the Code Enforcement Officer may allow for
a reasonable extension of time, if it is determined that significant
progress has been made, or should the property owner represent
circumstances that would warrant such extension. Written
documentation shall be placed in the file noting the reason the
time extension is being granted and the amount of additional time
that is being allowed to correct the violation.
3. If compliance has not been achieved, a second notice shall be
forwarded by regular mail, advising the property owner of the County's
intent to exercise its authority to correct the violation if compliance is
not achieved within seven (7) working days.
4. If compliance is not achieved under the terms set forth in the second
notice, a third notice shall be forwarded by certified mail setting forth
the steps the County proposes in exercising its authority to correct the
violation, and shall be in accordance with the following procedures:
a. The property owner shall be re -advised of the options specified
under the appropriate ordinance that may provide for resolution
57
of the violation, and shall be given ten ( 10) working days to file
the required application.
b. If the property owner fails to file the required application, fails to
follow through with the application process, or the application is
denied, the Code Enforcement Officer shall take appropriate legal
action in accordance with provisions of law, subject to the
approval of the County Attorney.
If the application is denied, the Code Enforcement Officer shall
allow seven (7) working days for the property owner to correct
the violation before filing proceedings with legal action. A
reasonable extension of time may be granted if it is determined
that significant progress has been made, or should the property
owner represent circumstances that would warrant such
extension. Written documentation shall be placed in the file
noting the reason the time extension is being granted and the
amount of additional time that is being allowed to correct the
violation.
C. A fourth written notice shall be forwarded by certified mail
advising the property owner that legal action has been taken.
d. Legal action shall not take place without prior approval from the
County Attorney.
C. Type III Offenses
Following the initial field inspection and a determination that a violation
exists, the following steps shall be undertaken in processing a Type III
Offense until the violation is resolved:
1. The Code Enforcement Officer shall consult the Zoning Administrator
and County Attorney immediately upon notification and inspection of a
violation, which poses an imminent threat to health and safety.
2. The property owner shall receive written notice to immediately cease
all actions contributing to the violation.
3. The appropriate law enforcement authorities shall receive immediate
notification of the violation.
4. The Zoning Administrator and Code Enforcement Officer shall consult
the County Attorney regarding further action to resolve the complaint.
Section 8.6
Repeat Violators
The Code Enforcement Officer may find instances of repeat violations,
whereby compliance is achieved in each case; however, the property owner
repeatedly violates the code provisions. In such cases, an administrative
consent order or injunction may be sought at the advice of the County
Attorney. Notice shall be sent by certified mail setting forth the steps the
County proposes in exercising its authority to correct the violation.
Section 8.7
Request for Search Warrant
In the event a property owner denies access to the property for an inspection
to obtain evidence of a complaint, the Code Enforcement Officer shall obtain
a Search Warrant from the General District Court Magistrate, after providing
probable cause to conduct a search. Such action shall not take place without
prior approval of the County Attorney.
The Code Enforcement Officer shall be accompanied by a law enforcement
official, while conducting the search and shall take photographs of the code
violation.
Section 8.8
Hiring Contractors
Bids shall be received in accordance with the County's procurement
procedures prior to contracting the services of an individual or firm to assist
in remedying a code violation.
Eligible contractors shall be properly licensed and shall not have active
County code violations.
Section 8.9
Freedom of Information Act
The Zoning Administrator and the Code Enforcement Officer(s) shall comply
with all of the requirements of the Freedom of Information Act, contained in
Chapter 37 of Title 2.2 of the Code of Virginia. In particular, disclosure of
the following information to the public shall be prohibited, unless otherwise
required by law:
"The names, addresses and telephone numbers of complainants furnished in
confidence with respect to an investigation of individual zoning ordinance
complaints made to a local governing body." (Sec. 2.2-3705.3, 10. of the
Code of Virginia)
Division — H Building and Maintenance Code
59
Section 8. 10
General Principals
This division of the Code Enforcement Policy contains the procedures to be
followed in the enforcement of the Virginia Construction Code, the Virginia
Maintenance Code and the codes and standards referenced therein. The
establishment of this policy is deemed necessary to provide effective
administration and enforcement of the codes in a fair and consistent manner.
Section 8.11
Administration
The following types of violations shall be governed by the provisions of this
division of the Code Enforcement Policy and are grouped in accordance with
the applicable code:
Virginia Construction Code
• Working without required permits (Chapter 1, Section 108.1)
• Failure to obey a Stop Work Order (Chapter 1, Section 114.1)
• Failure to Correct a violation (Chapter 1, Section 115.4)
• Failure to obtain a required inspection (Chapterl, Section 1 B.1)
• Occupying a building or structure without the required Certificate of
Occupancy (Chapter 1, Section 116.1)
Virginia Maintenance Code
• Failure to correct a violation (Chapter 1, Section 104.5.4.1)
• Failure to vacate an Unfit or Unsafe building or structure (Chapterl,
Section 105.4.1)
Section 8.12
Method for Discoveryo, f Violations
The discovery of violations may be reported by the following methods:
a. Written or Verbal Correspondence is an acceptable means of receiving
a complaint of possible violation. The complaint may be made by
written correspondence either by letter or email, by telephone
communication, or in person. A complainant is not required to disclose
his or her name when reporting a possible violation.
b. Field Observation is another acceptable means of receiving a complaint
of possible violation. Any member of the County staff or elected or
appointed office may observe a complaint while in the field and relay
the possible violation to the Department of Inspections for
investigation.
c. The Department of Inspections shall maintain a record of all complaints
within the Munis System. This record shall include field notes,
photographs, notices and orders, and any other information pertinent to
the record of the investigation.
Section 8.13
Procedure for Investigation of a Violation
Effective immediately all new complaints shall be handled utilizing the
following processes:
a. The ASM enters the complaint into Munis Enterprise Resource
Planning/Financial Software solution (Munis) and assigns it to an
inspector for investigation according to assigned areas.
b. The inspector shall investigate the complaint within 2 working days
from receipt of the complaint. Additionally, should the inspector note
violations on surrounding properties, these shall be noted and pursued
as directed herein.
c. If the inspector notes violations of the Zoning Ordinance, they shall be
forwarded to the proper Zoning office for enforcement.
d. If the complaint is not justified, the inspector shall enter this into the
Munis complaint file and the case can be closed.
e. If the complaint is valid, the inspector will send a Correction Notice,
Notice of Violation, Notice of Unfit for Habitation or Notice of Unsafe
Structure to the owner of record in accordance with Chapter 1, Section
105.4 of The Virginia Maintenance Code within 48 hours of the initial
inspection.
L All correction notices may contain a reasonable time to complete the
work and/or request the owner to contact the inspector within 30 days
from receipt of the notice to provide a schedule to complete the repairs
within one (1) year from the date of the inspection. Additionally, the
correction notice shall inform the owner of their rights to appeal within
14 days from receipt of the notice.
g. In the case of a Correction Notice and the owner has not met his
schedule within the first 6 months, a Notice of Violation shall be issued
providing a maximum of 90 days to complete repairs.
h. If the owner fails to meet the Notice of Violation deadline the case
shall be forwarded to the Director of Inspections or the Chief Codes
Compliance Inspector who will make a determination if the violation
will be prosecuted as a criminal (36-106A) offense or civil (36-106B)
offense in consultation with the County Attorney.
Section 8.14
Procedure specific to Unsafe and Unfat Structures or Buildings
a. If the complaint is for a building or structure that is reported as
"unsafe" or "unfit for habitation" the inspector must make an
investigation within 24 hours from the assignment of the complaint.
b. The inspector shall take pictures of all violations and attach them to the
Munis complaint file.
c. The Notice of "Unsafe or Uninhabitable" structure shall be issued and
the owner shall be allowed 48 hours from receipt of the Notice to
correct the violations or vacate the structure.
d. If the owner fails to meet the Notice of Violation deadline the case
shall be forwarded to the Director of Inspections or the Chief Codes
Compliance Inspector who will make a determination if the violation
will be prosecuted as a criminal (36-106A) offense or civil (36-106B)
offense in consultation with the County Attorney.
Section 8-I5
Prosecution of Violations
The Code of Virginia in Title 36, Section 36-106, Paragraphs A & B
provides for either criminal or Civil prosecution of violations of the
Virginia Construction and maintenance Codes. This section will provide
procedures for both processes.
Criminal Prosecution: (36-106, Paragraph A)
Once the case has been reviewed with the County Attorney and the
Director of Inspections. When the County Attorney and the Director of
Inspections or the Chief Codes Compliance Inspector have reviewed the
file and determined the case should be prosecuted criminally, the County
Attorney shall assume responsibility for further prosecution in accordance
with Chapter 1, Section 104.4.5.6 of the Virginia Maintenance Code or
Chapter 1, Section 115.3 of the Virginia Construction Code.
Civil Prosecutions (36-106, Paragraph B)
Once the case has been reviewed with the County Attorney and the
Director of Inspections. When the County Attorney and the Director of
Inspections or the Chief Codes Compliance Inspector have reviewed the
62
file and determined the case should be prosecuted civilly, the follow
procedure shall be followed:
A) The Director of Inspections or the Chief Codes Compliance Inspector
shall prepare a summons in a form either provided or approved by the
General District Court providing the specific violations and applicable
code sections and all additional pertinent information such as date and
time of the hearing.
B) Summonses shall only be delivered by department personnel within the
Tidewater area. Summonses required to be issued out of the area shall be
forwarded to the local sheriff of the municipality in which the violator
resides.
C) In no cases shall department personnel use any form of force nor shall
they carry either concealed or in the open any type of weapon when
issuing summonses. If personnel feel issuing the summons will place them
in jeopardy, they shall request an escort from the Sheriff's office or utilize
alternative methods of service to include but not necessarily limited to
certified mail, sheriff's service, independent process server or any other
method approved by the court.
Section 8-15
Request for Search Warrant
As provided by title 36, Section 36-145; paragraph C Sub -paragraph 3 of
the Code of Virginia where a "violation of the Building Code exist that
presents an immediate and imminent threat to the health or safety of the
owner, tenant, or occupants of any building or structure, or the owner,
occupant, tenant of any nearby building or structure, and the owner,
occupant, tenant of the building or structure that is subject to the
complaint has refused to allow the building official or his agent to have
access to the subject building or structure, the local building official or his
agent may present sworn testimony to a magistrate or a court of competent
jurisdiction and request that the court or magistrate grant the building
official or his agent an inspection warrant".
Therefore, in the event an owner, tenant or occupant of a building or
structure that is the subject of a complaint denies the Director of
Inspections or a duly appointed technical assistant (inspector) entry either
onto or into a property for the purposes of performing an inspection they
may, in consultation with the County Attorney and providing probable
cause, obtain an Inspection Warrant from the General District Court
Magistrate.
The Director of Inspections, Chief Code Compliance Inspector, or Code
Compliance Inspector shall be accompanied by a law enforcement officer
while presenting the warrant and conducting the search. The warrant shall
be returned to the Magistrate's office within 48 hours of the search along
63
with a listing of all evidence, generally in the form of photographs that
have been obtained during the search.
NEW BUSINESS
Ms. Clontz briefed the Board regarding efforts undertaken by staff to the
potential arrival of Hurricane Matthew. She noted that estimates for crop
damages for the County are predicted to be between 5% and 15%, which
equates to a $1 million to $7 million dollar Ioss with the peanut crop being
the most impacted.
Supervisor Jefferson moved that the following Resolution be adopted which
passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice
and McCarty voting in favor of the motion and no Supervisors voting against
the motion:
RESOLUTION DECLARING A LOCAL EMERGENCY TO EXIST IN
ISLE OF WIGHT COUNTY, VIRGINIA
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia, does hereby find as follows:
1. That due to the occurrence of high winds and/or flooding associated
with Hurricane Matthew causing conditions of extreme peril to the
lives, safety and property of the residents of Isle of Wight County;
2. That as a result of this extreme peril, the Director of Emergency
Management declared a state of emergency for Isle of Wight County on
October 8, 2016 which must be ratified in accordance with Section 44-
146.21 of the Code of Virginia in order to permit the full powers of
government to deal effectively with this condition of peril.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
the County of Isle of Wight, Virginia, hereby ratifies the declaration of local
emergency issued by the Director of Emergency Management for the County
of Isle of Wight on October 8, 2016.
BE IT FURTHER RESOLVED that during the existence of this emergency
the powers, functions and duties of the Director of Emergency Management
and the emergency services organization and functions of the County of Isle
of Wight shall be those prescribed by the laws of the Commonwealth of
Virginia and the ordinances, resolutions and approved plans of the County of
Isle of Wight in order to mitigate the effects of said emergency.
BE IT FURTHER RESOLVED that this resolution is effective 8:00 p.m. on
October 8, 2016 and shall remain in effect until rescinded by the Board of
Supervisors as provided by law.
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A resolution terminating the above declaration of a local emergency in Isle of
Wight County was presented and adopted upon motion of Supervisor
Jefferson which passed unanimously (5-0) with Supervisors Alphin,
Jefferson, Acree, Grice and McCarty voting in favor of the motion and no
Supervisors voting against the motion:
RESOLUTION TERMINATING THE DECLARATION OF A
LOCAL EMERGENCY IN ISLE OF WIGHT COUNTY, VIRGINIA
WHEREAS, in accordance with the Code of Virginia, the Director of
Emergency Management declared a state of emergency for Isle of Wight
County on October 8, 2016 in order to permit the full powers of government
to deal effectively with this condition of peril associated with Hurricane
Matthew; and,
WHEREAS, at its regular meeting on October 20, 2016, the Board of
Supervisors of the County of Isle of Wight, Virginia ratified the declaration
of a local emergency; and,
WHEREAS, the conditions of peril associated with Hurricane Matthew no
longer exist.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of
the County of Isle of Wight, Virginia, hereby terminates the declaration of
local emergency issued by the Director of Emergency Management for the
County of Isle of Wight on October 8, 2016 and ratified by the Board of
Supervisors on October 20, 2016.
A Resolution to Effectuate the Amendment to the FY 2016-2017 Position
Classification and Compensation Plan Due to Amendments to the Fair Labor
Standards Act Federal Annual Salary Threshold and Re -naming of
Convenience Center Sites to Refuse and Recycling Centers was presented for
consideration by Mary Beth Johnson, Director of Human Resources.
Supervisor McCarty moved that the following Resolution be adopted passed
unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice and
McCarty voting in favor of the motion and no Supervisors voting against the
motion:
RESOLUTION TO AMEND THE POSITION CLASSIFICATION
AND COMPENSATION PLAN DUE TO AMENDMENTS TO THE
FAIR LABOR STANDARDS ACT FEDERAL ANNUAL SALARY
THRESHOLD AND RE -NAMING OF CONVENIENCE CENTER
SITES TO REFUSE AND RECYCLING CENTERS
WHEREAS, the Board of Supervisors approved the FY 2016-2017 Position
Classification and Compensation Plan in accordance with the Annual
Operating Budget; and,
RE,
WHEREAS, the Board of Supervisors desires to amend the FY 2016-2017
Position Classification and Compensation Plan as a result of amendments to
the Fair Labor Standards Act federal annual salary threshold for employees
exempt from overtime pay increasing to $47,476 effective December 1, 2016.
The amendment necessitates changes to the overtime exemption status from
exempt to non-exempt for several positions within the FY 2016-2017
Position Classification and Compensation Plan with salary ranges that are set
below the new annual salary threshold of $47,476, as follows: Accountant,
Environmental Planner, Human Resources Coordinator, Planner I, Planner II,
Project Manager, Recreation Manager, and Victim Witness Manager, as
referenced in the attached exhibit; and,
WHEREAS, the Board of Supervisors desires to amend the FY 2016-2017
Position Classification and Compensation Plan as a result of re -naming
Convenience Center Sites to Refuse and Recycling Centers, whereby the
previous job title of Convenience Center Attendant shall be re -named Refuse
and Recycling Center Attendant.
NOW, THEREFORE, BE IT RESOLVED that the FY 2016-2017 Position
Classification and Compensation Plan is hereby amended effective December
1, 2016 and shall remain in effect until amended by the Board.
Supervisor Acree moved to appoint Supervisor Jefferson as the Delegate
voting member and Supervisor McCarty as the Alternate voting member at
the upcoming VACo Annual Business Meeting which passed unanimously
(5-0) with Supervisors Alphin, Jefferson, Acree, Grice and McCarty voting in
favor of the motion and no Supervisors voting against the motion.
County Attorney Popovich introduced the issue of a Performance Agreement
with ST Tissue and an Agreement with the City of Franklin involving
economic incentives offered to International Paper from the County.
Supervisor Grice moved that the Agreement with the City of Franklin be
adopted which passed unanimously (5-0) with Supervisors Alphin, Jefferson,
Acree, Grice and McCarty voting in favor of the motion and no Supervisors
voting against the motion.
Jamie Oliver, Transportation Planner, notified the Board of VDOT Revenue
Sharing grant funding received from VDOT to complete a pave -in-place
resurfacing project on Morgart's Beach Road which will require the County
to provide for local matching funds estimated at this time to be $267,562.
Supervisor McCarty moved that the following Resolution be adopted which
passed unanimously (5-0) with Supervisors Alphin, Jefferson, Acree, Grice
and McCarty voting in favor of the motion and no Supervisors voting against
the motion:
66
RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS,
EXECUTE AGREEMENTS, AND COMPLETE CONSTRUCTION OF
THE MORGART'S BEACH ROAD IMPROVEMENT (UPC 104806)
CONSTRUCTION PROJECT
WHEREAS, Isle of Wight County, Virginia is a recipient of Virginia
Department of Transportation (VDOT) funds under various grant programs
for design and construction of the Morgart's Beach Road improvement
project (UPC 104806); and,
WHEREAS, said grant funds need to be accepted from VDOT and
appropriated to the Project; and,
WHEREAS, VDOT will require Isle of Wight County to front -fund the
Mogart's Beach Road improvement project in an amount up to $570,265 with
50% of said reimbursed to the County; and,
WHEREAS, the Virginia Department of Transportation requires each
locality, by resolution, to provide assurance of its commitment to funding its
local share, which is estimated to be $267,562; and,
WHEREAS, the County's required local share necessitates that funding in
the amount of $267,562 be transferred from the County's Assigned Capital
Fund Balance to the FY2016-17 Capital Budget.
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Isle of Wight
County Board of Supervisors accepts grant funds in an amount up to three
hundred two thousand seven hundred four dollars ($302,704) and hereby
commits to fund its local share of preliminary engineering, right-of-way, and
construction (as applicable) of the project(s) under agreement with the
Virginia Department of Transportation in accordance with the project
financial document(s).
BE IT FURTHER RESOLVED that the County Administrator of Isle of
Wight County, Virginia and/or his designee be hereby authorized to make the
appropriate accounting adjustments in the budget; execute required
programmatic and project agreements and/or addendums; solicit necessary
professional and construction services, and do all things necessary to give
this resolution effect.
Regarding Supervisor Jefferson's request for additional funding for the
Rushmere Volunteer Fire Department, Supervisor McCarty recommended
that the Board set a work session on November 3, 2016 to review the Facility
Use Agreements for each fire and rescue department; discussion of the
funding agreement; development of a policy to govern the use of technology
and internet usage in the County; and, that emergency funding be authorized
to the Rushmere Volunteer Fire Department for repair of its truck.
67
Supervisor Acree recommended that the Board discuss at a work session the
history of the Nike Park Bike Trail, specifically was the project approved by
the Board in its entirety or in segments and are there any ramifications
associated with stopping the project.
ADJOURNMENT
At 10:00 p.m., Chairman Alphin declared the meeting adjourned.
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