06-15-2017 Regular MeetingREGULAR 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 FIFTHTEENTH DAY OF JUNE IN THE
YEAR TWO THOUSAND AND SEVENTEEN
PRESENT:
Rex W. Alphin, Chairman, Carrsville District
William M. McCarty, Vice -Chairman, Newport District
Rudolph Jefferson, Hardy District (Arrived at 5:15 p.m.)
Joel C. Acree, Windsor District (Arrived at 5:15 p.m.)
Richard L. Grice, Smithfield District
ALSO IN ATTENDANCE:
Mark C. Popovich, County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Carey M. Storm, Clerk
CALL TO ORDER
Chairman Alphin called the regular Board of Supervisors' meeting to order at 5:00
p.m. and welcomed all present.
APPROVAL OF AGENDA/AMENDMENTS
Upon motion of Supervisor Grice, all those present voting in favor, and
Supervisors Jefferson and McCarty absent, the agenda was approved (3-0) with
the following amendments: Under the Consent Agenda, the addition of a
Resolution to Accept and Appropriate Technology Trust Funds to Automate Land
Records and Provide Secure Remote Access to Land Records; under New Business,
the addition of an Amendment to the FY2017-18 Animal Control Division's
Personnel Summary to Authorize an Additional Full-time Position of Chief Animal
Control Officer; and, under New Business, a discussion concerning the Isle of
Wight Ruritan Club and its desire to hook onto the County's water system.
CLOSED MEETING
The following matters were identified for discussion in closed meeting by County
Attorney Popovich:
Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning a discussion
regarding the appointment of specific appointees to County boards, committees
or authorities; pursuant to Section 2.2-3711(A)(6) regarding a discussing and
consideration of the investment of public funds where competition or bargaining
is involved or the interest of the governmental unit would be adversely affected in
regards to Franklin Lumber.
Upon motion of Supervisor Acree, all those present voting in favor and
Supervisors Jefferson and McCarty absent, the Board entered the closed meeting
for the reasons stated by County Attorney Popovich.
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Supervisor Jefferson and McCarty arrived at the meeting at 5:15 p.m.
Upon motion of Supervisor Jefferson and all voting in favor, the Board
reconvened into open meeting.
Upon motion of Supervisor Acree the following Resolution was adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on this date
pursuant to an affirmative recorded vote and in accordance with the provisions of
the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by
this Board of Supervisors that such closed meeting was conducted in conformity
with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies
that, to the best of each member's knowledge, (i) only public business matters
lawfully exempted from open meeting requirements by Virginia law were discussed
in the closed meeting to which this certification resolution applies, and (ii) only such
public business matters as were identified in the motion convening the closed
meeting were heard, discussed or considered by the Board of Supervisors.
VOTE
AYES: Acree, Alphin, Grice, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATION/PLEDGE OF ALLEGIANCE
Supervisor McCarty delivered the invocation and led the Pledge of Allegiance to
the American Flag.
CITIZENS' COMMENTS
No one appeared and spoke.
CONSENTAGENDA
Upon motion of Supervisor Grice, all those present voting in favor, the following
Consent Agenda was approved as presented:
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A. Resolution to Accept and Appropriate Funding from Senior Services of
Southeastern Virginia ($200)
B. Resolution to Accept and Appropriate Technology Trust Funds to Automate
Land Records and Provide Secure Remote Access to Land Records ($11,832)
C. Resolution to Accept and Appropriate Disaster Assistance Funds from the
Federal Emergency Management Agency for Hurricane Matthew Damages
($29,391)
D. Resolution to Accept and Appropriate Funding from VaCorp Risk
Management for Repairs to Sheriff's Department Vehicles ($14,300)
E. Resolution to Designate July 2017 as Park and Recreation Month
F. Resolution of Appreciation for Robert D. Harris
G. Amendment to the Performance Agreement with Keurig Green Mountain
(KGM) Dated 1/20/2012
H. Resolution to Accept and Appropriate Technology Trust Funds to Automate
Land Records and Provide Secure Remote Access to Land Records
I. April 17, 2017 Work Session and April 20, 2017 Regular Meeting Minutes
Due to the high volume of accidents involving Sheriff's vehicles, County
Administrator Keaton was requested to provide a report to the Board outlining
the type of accidents being incurred by those vehicles.
REGIONAL AND INTER -GOVERNMENTAL REPORTS
Supervisor Acree reported on topics discussed at the most recent meeting of the
Windsor Intergovernmental Relations Committee involving the sewer system
owned by the County and located in the Town of Windsor; a proposed agreement
between the Town/County for sewer services on Lovers Lane; Route 460; that the
Town had updated its Comprehensive Plan last year; that the Board include the
Windsor Mayor/Town Manager in closed meeting discussions on the County's
Intermodal Park on Route 460; and, a need for expansion of the library located in
the Town of Windsor.
Chairman Alphin advised that the Town also briefed the Board on the safety study
being conducted by VDOT on Route 460 with respect to interference with existing
businesses located on Route 460.
Supervisor Acree, a member of the VACo Steering Committee, advised that the
Committee had received a report from the Department of Rail & Public
Transportation Task Force; were notified that there is a shortfall in funding of
secondary roads; that there is a need for an increase in the gas tax; and, that the
Taxi Cab Association had expressed its concern with Uber.
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Supervisor Grice reported that the need for regional focus on new job growth was
discussed at the most recent meeting of the Hampton Roads Economic
Development Alliance.
APPOINTMENTS
Upon motion of Chairman Alphin, all those present voting in favor, Jo Ann Jones
was appointed to fill the unexpired term of Zenobia Williams representing the
Carrsville District on the Commission on Aging.
Upon motion of Supervisor Acree, all those present voting in favor, Valerie
Massey was appointed to the Community Policy & Management Team, replacing
Anne Edwards, as the parent representative on the Community Policy &
Management Team.
Upon motion of Supervisor McCarty, all those present voting in favor, Chairman
Alphin was appointed to serve on the Rail & Public Transportation Task Force.
SPECIAL PRESENTATIONS
Upon motion of Supervisor McCarty, all those present voting in favor, the
following Resolution was adopted and presented to Benjamin Vaughan:
RESOLUTION TO RECOGNIZE BENJAMIN A. "BENNY" VAUGHAN
WHEREAS, Mr. Benjamin A. "Benny" Vaughan began his employment with Isle of
Wight Academy (IWA) in 1970 and during his career has served as a Teacher,
Guidance Director, Coach, and Athletic Director; and,
WHEREAS, since 1990, Mr. Vaughan also been the Headmaster of IWA; and,
WHEREAS, under his leadership, IWA's enrollment nearly tripled and its
educational offerings grew exponentially; and,
WHEREAS, for the past 25 years, Mr. Vaughan has served as the Executive
Director of the Virginia Independent Schools Association and as a Board member
of the Virginia Council for Private Education; and,
WHEREAS, in addition to his other accomplishments, Mr. Vaughan distinguished
himself as one of the most prolific basketball coaches in the State by garnering
628 wins, making him only the second private school coach in the Commonwealth
of Virginia whose teams had won over 600 games; and,
WHEREAS, Mr. Vaughan has positively touched the lives of educators and
students and improved the quality of life of countless individuals over a career
spanning nearly a half century; and,
WHEREAS, Mr. Vaughan has announced his retirement as Headmaster of IWA.
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NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of
Isle of Wight, Virginia recognizes and congratulates Benjamin A. "Benny" Vaughan
for outstanding achievement and a distinguished career in education.
BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors
extends to Benjamin A. "Benny" Vaughan its best wishes for his future endeavors
and orders that a copy of this Resolution be spread upon the minutes of this
Board this fifteenth day of June, 2017.
Upon motion of Supervisor McCarty, all those present voting in favor, the
following Resolution was adopted and presented to Joseph Lomax:
RESOLUTION TO RECOGNIZE THE SERVICE OF
JOSEPH E. LOMAX, II
WHEREAS, Joseph E. Lomax, II served in the Franklin Residency of the Virginia
Department of Transportation and as the Residency Administrator directly
responsible for transportation projects in Isle of Wight County; and,
WHEREAS, Mr. Lomax has represented the interests of the citizens in Isle of Wight
County relative to road construction and maintenance, project administration,
and safety evaluation in an exemplary manner; and,
WHEREAS, in May 2017, Mr. Lomax was promoted to the position of Interstate
Maintenance Office Manager with the Virginia Department of Transportation and
will no longer serve Isle of Wight County directly; and,
WHEREAS, the efforts of Mr. Lomax had a demonstrably positive impact on the
quality of life of the citizens of Isle of Wight County.
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of
Isle of Wight, Virginia recognizes and appreciates the distinguished service and
professionalism of Mr. Joseph E. Lomax, II.
BE IT FURTHER RESOLVED that the Isle of Wight County Board of Supervisors
extends to Joseph E. Lomax, II its best wishes for his future endeavors and orders
that a copy of this Resolution be spread upon the minutes of this Board this
fifteenth day of June 2017.
Sarah McCoy, representative from the Port of Virginia, provided a briefing on the
status of the ports.
Jimmy Sanderson, Davenport & Company, briefed the Board regarding the
recommendation to pursue the refunding of County bonds which will result in
significant debt service savings to the County. The Board was advised that a
formal resolution authorizing such a refunding will be presented for considering
following direction from the Board on whether it wishes to proceed in this regard.
The consensus of the Board was to proceed in this regard with potential action to
be taken by the Board at its July meeting if appropriate at that time.
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COUNTY ATTORNEY'S REPORT
County attorney Popovich confirmed that the County's formal appeal on the 2012
M&T tax year involving the International Paper case has been submitted to the
Virginia Supreme Court and has been served upon International Paper's counsel
today, leaving International Paper 21 days to respond.
PUBLIC HEARINGS
Chairman Alphin opened the public hearing on the following and called for
persons to speak in favor of or in opposition to:
An Ordinance to Amend and Reenact Chapter 7, Fire Prevention, Article II,
Fireworks, Section 7-2, Sale, etc., of Certain Fireworks Unlawful
County Attorney Popovich represented the amendments as proposed.
No citizens appeared and spoke.
Upon motion of Supervisor McCarty, all those present voting in favor, the
following Ordinance was adopted:
AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY
AMENDING AND REENACTING CHAPTER 7. FIRE PREVENTION. ARTICLE 11.
FIREWORKS. SECTION 7-2. — SALE, ETC., OF CERTAIN FIREWORKS UNLAWFUL
WHEREAS, the Board of Supervisors adopted an ordinance to restrict the sale of
certain fireworks and to issue firework permits on October 2, 2008; and
WHEREAS, the Board of Supervisors now wishes to make a minor modification to
said ordinance by allowing the fire code official the authority to issue firework
display permits upon the presentation of not just a bond, but also, in lieu thereof
as outlined in the Statewide Fire Prevention Code, the presentment of a
certificate of insurance naming Isle of Wight County as an additional insured;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors that Chapter 7, Fire Prevention, Article II, Fireworks, Section 7-2, Sale,
etc., of certain fireworks unlawful be amended and reenacted as follows:
Sec. 7-2. - Sale, etc., of certain fireworks unlawful.
(a) Except as otherwise provided in this chapter, it shall be unlawful for any
person to transport, manufacture, store, sell, offer for sale, expose for sale, or to
buy, use, ignite or explode any firecracker, torpedo, skyrocket, or other substance
or thing, of whatever form or construction, that contains any explosive or
flammable compound or substance, and is intended, or commonly known, as
fireworks and which explodes, rises into the air or travels laterally, or fires
projectiles into the air, other than those permissible fireworks described in
subsection (b) below.
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(b) This section shall not apply to the use or sale of permissible fireworks. For
purposes of this section, "permissible fireworks" means any sparklers, fountains,
Pharaoh's serpents, caps for pistols, or pinwheels commonly known as whirligigs
or spinning jennies.
(c) Notwithstanding subsection (b) above, no person may use, ignite or exploded
permissible fireworks unless on private property with the consent of the owner of
such property.
(d) This section shall have no applicability to any officer or member of the armed
forces of this Commonwealth, or of the United States, while acting within the
scope of his authority and duties as such, nor to any offer of sale or sale of
fireworks to any authorized agent of such armed forces; nor shall it be applicable
to the sale or use of materials or equipment, otherwise prohibited by this section,
when such materials or equipment is used or to be used by any person for
signaling or other emergency use in the operation of any boat, railroad train or
other vehicle for the transportation of persons or property.
(e) The fire code official or his designee may, upon special public occasions, issue
permits for the display of fireworks by fair associations, amusement parks, or by
any organization or group of individuals, under the minimum terms and
conditions set forth in the Virginia Statewide Fire Prevention Code. The issuance
of such a permit shall not be made unless and until the applicant provides for and
enters into a bond or furnish a certificate of insurance, in principle sum of not less
than $500,000 for the purpose of paying for all damages to any person or
property which arise from, or are caused by, the conduct of any act authorized by
the permit upon which any judicial judgment results. The terms and conditions of
such a permit shall be as prescribed by the fire code official or his designee and no
person shall violate the same. (10-2-08.)
For state law as to authority of the county to restrict certain sales of fireworks
and to issue firework permits, see Code of Va., §§ 27-94 et seq. and 15.2-974.
Chairman Alphin opened the public hearing on the following and called for
persons to speak in favor of or in opposition to:
Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and
Reenacting Article IV of Appendix B-1, Chesapeake Bay Preservation Area
Ordinance
Richard Rudnick!, Assistant Director of Planning & Zoning, represented the
amendments as proposed.
No citizens appeared and spoke.
Upon motion of Supervisor McCarty, all those present voting in favor, the
following Ordinance was adopted:
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An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending
and Reenacting the Following Articles of Appendix B-1, Chesapeake Bay
Preservation Area Ordinance: Article IV, Performance Standards and
Development Criteria; Section 4002, Performance Standards in Resource
Protection Areas, and Section 4003, Water Quality Impact Assessment; in order to
provide for an administrative review process for principal structures and
necessary utilities on lots created before October 1, 1989 as well as for lots
recorded between October 1, 1989, and March 1, 2002, as permitted by state
regulations
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the
legislative authority to make reasonable changes to the ordinances that govern
the orderly growth and development of Isle of Wight County; and
WHEREAS, the Isle of Wight County Board of Supervisors is also concerned about
the compatibility of uses on public and private lands within Isle of Wight County
and seeks to allow flexibility in the administration of the ordinance regulations
while protecting the health, safety, and general welfare of present and future
residents and businesses of the County.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors that Article IV of Appendix B-1 of the Isle of Wight County Code be
amended and reenacted as follows:
APPENDIX B-1. - CHESAPEAKE BAY PRESERVATION AREA ORDINANCE.
Article 4. - Performance Standards and Development Criteria.
Sec. 4000. - General performance standards.
(a) Purpose and intent...... The performance standards establish the means to
minimize erosion and sedimentation potential, reduce land application of
nutrients and toxics, and maximize rainwater infiltration. Natural ground cover,
especially woody vegetation, is most effective in holding soil in place and
preventing site erosion. Indigenous vegetation, with its adaptability to local
conditions without the use of harmful fertilizers or pesticides, filters stormwater
runoff. Keeping impervious cover to a minimum enhances rainwater infiltration
and effectively reduces stormwater runoff potential.
The purpose and intent of these requirements is also to implement the following
objectives:
1. Prevent a net increase in nonpoint source pollution from new
development;
2. Achieve a ten -percent reduction in nonpoint source pollution from
redevelopment; and
3. Achieve a forty -percent reduction in nonpoint source pollution from
agricultural uses.
(b) General performance standards for development and redevelopment in the
Chesapeake Bay Preservation Area.
1. Land disturbance shall be limited to the area necessary to provide for the
proposed use or development.
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a. In accordance with an approved plan of development, the limits of clearing
or grading shall be strictly defined by the construction footprint. The zoning
administrator shall review and approve the construction footprint through the
plan of development process. These limits shall be clearly shown on submitted
plans and physically marked in the development site.
b. Ingress and egress during construction shall be limited to one (1) access
point, unless otherwise approved by the zoning administrator.
2. Indigenous vegetation shall be preserved to the maximum extent
practicable consistent with the proposed use or development permitted and in
accordance with the Virginia Erosion and Sediment Control Handbook.
a. Existing trees over eight (S) inches diameter at breast height (DBH) shall be
preserved outside the approved construction footprint in accordance with the
same standards established in subsection 4002(b)1.
b. Site clearing for construction activities shall be allowed as approved by the
zoning administrator through the plan of development review process outlined
under section 5000 of this ordinance.
C. Prior to clearing and grading, suitable protective barriers, like safety
fencing, shall be erected five (5) feet outside the dripline of any tree or stand of
trees to be preserved. Protective barriers shall remain throughout all phases of
construction. The storage of equipment, materials, debris, or fill shall not be
allowed within the area protected by the barrier.
3. Development on slopes greater than fifteen (15) percent shall be prohibited
unless such development is demonstrated to be the only effective way to
maintain or improve slope stability.
4. Land development shall minimize impervious cover consistent with the
proposed use or development. Impervious coverage on any lot or parcel shall be
limited to the lot coverage permitted under the zoning district requirements of
said lot or parcel, but in no case shall exceed sixty percent (60%) of the total site.
5. Notwithstanding any other provisions of this ordinance or exceptions or
exemptions thereto, any land disturbing activity exceeding two thousand five
hundred (2,500) square feet, including construction of all single-family houses,
septic tanks and drainfields, but otherwise as defined in Section 62.1-44.15:51 of
the Code of Virginia, shall comply with the requirements of the erosion and
sediment control ordinance, Chapter 6 of the County Code. Enforcement for
noncompliance with the erosion and sediment control requirements referenced
in this criterion shall be conducted under the provisions of the Erosion and
Sediment Control Law and attendant regulations.
6. All development and redevelopment within RMAs and RPAs that exceeds
two thousand five hundred (2,500) square feet of land disturbance shall be
subject to a plan of development process, including the approval of a site plan in
accordance with the provisions of section 5000 of this ordinance; or a subdivision
plan in accordance with the subdivision ordinance; or a water quality impact
assessment in accordance with section 4003 of this ordinance.
7. All on-site sewage disposal systems not requiring a Virginia Pollution
Discharge Elimination System (VPDES) permit shall be pumped out at least once
every five (5) years. As an alternative to the pump -out every five (5) years, there
shall be the option of having a septic effluent filter installed and maintained in the
outflow pipe from the septic tank to filter solid material from the effluent while
sustaining adequate flow to the drainfield to permit normal use of the septic
system. Such a filter should satisfy standards established in the Sewage Handling
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and Disposal Regulations (12 VAC 5-610) administered by the Department of
Health. Furthermore, in lieu of requiring proof of septic tank pump -out every five
(5) years, there shall be the option to submit documentation every five (5) years,
certified by an operator or on-site soil evaluator licensed or certified under
Chapter 23 (Section 54.1-2300 et seq.) of Title 54.1 as being qualified to operate,
maintain or design on-site sewage systems, that the septic system has been
inspected, is functioning properly, and that the tank does not need to have the
effluent pumped out.
8. A reserve sewage disposal site with a capacity at least equal to that of the
primary sewage disposal site shall be provided, in accordance with the Isle of
Wight County Health Code. This requirement shall not apply to any lot or parcel
recorded prior to October 1, 1989, when a reserve sewage disposal site is not
available, as determined by the local health department. Building or the
construction of any impervious surface shall be prohibited on the area of all
sewage disposal sites or on an on-site sewage treatment system which operates
under a permit issued by the state water control board, until the structure is
served by public sewer.
9. For any use or development exceeding two thousand five hundred (2,500)
square feet of development within Isle of Wight County's Chesapeake Bay
Preservation Area, stormwater runoff shall be controlled by the use of best
management practices consistent with requirements of Section 9 VAC 25-870-51
and 9 VAC 25-870-103 of the Virginia Stormwater Management Regulations and
Chapter 14A of Isle of Wight County's Stormwater Management Ordinance.
10. Prior to initiating grading or other on-site activities on any portion of a lot
or parcel, all wetlands permit required by federal, state, and local laws and
regulations shall be obtained and evidence of such submitted to the zoning
administrator, in accordance with section 5000, of this ordinance.
11. Land upon which agricultural activities are being conducted shall undergo a
soil and water quality conservation assessment. Such assessments shall evaluate
the effectiveness of existing practices pertaining to soil erosion and sediment
control, nutrient management and management of pesticides, and where
necessary, results in a plan that outlines additional practices needed to ensure
that water quality protection is accomplished consistent with this ordinance. (8-
21-06; 5-15-08; 3-20-14; 4-16-15.)
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Sec. 4001. - Development criteria for resource protection areas.
a. land development in resource protection areas may be allowed in
accordance with other county ordinances only when permitted by the zoning
administrator and if it:
i. Is water -dependent; or
ii. Constitutes redevelopment;
iii. Is a new use subject to the provisions of subsection 4002(b)2. of this
ordinance;
iv. Is a road or driveway crossing satisfying the conditions set forth in
subsection 4001.a.3. below; or
V. Is a flood control or stormwater management facility that drains or treats
water from multiple development projects or from a significant portion of a
watershed provided such facilities are allowed and constructed in accordance
with the Virginia Stormwater Management Act and its attendant regulations, and
provided that i) the local government has conclusively established that the
location of the facility within the resource protection area is the optimum
location; ii} the size of the facility is the minimum necessary to provide for flood
control, stormwater management, or both; iii} the facility must be consistent with
a stormwater management program that has been approved by the board as a
phase 1 modification to the local government's program; iv) all applicable permits
for construction in state or federal waters must be obtained from the appropriate
state or federal agencies; vj approval must be received from the local government
prior to construction; and vi) routine maintenance is allowed to be performed on
such facilities to assure that they continue to function as designed. It is not the
intent of this subsection to allow a best management practice that collects and
treats runoff from only an individual lot or some portion of the lot to be located
within a resource protection area.
1. A new or expanded water -dependent facility may be allowed provided that
the following criteria are met:
a. It does not conflict with the comprehensive plan;
b. It complies with the performance criteria set forth in sections 4001 and
4002 of this ordinance;
C. Any non -water -dependent component is located outside of the RPA; and
d. Access to the water -dependent facility will be provided with the minimum
disturbance necessary. Where practicable, a single point of access will be
provided.
2. Redevelopment on isolated redevelopment sites shall be permitted only if
there is not an increase in the amount of impervious cover, and no further
encroachment occurs within the RPA, and it shall conform to applicable erosion
and sediment control requirements of Chapter 6 of the County Code and the
stormwater management requirements of Chapter 14A of the County Code. For
purposes of this section, in redeveloping a site, the encroachment of a proposed
building or structure shall be based on the location of existing buildings or
structures, or the locations of legally established historical buildings or structures,
or parking and other impervious cover located on the site.
3. Roads and driveways not exempt under section 3002 and which, therefore,
must comply with the provisions of this ordinance, may be constructed in or
across RPAs if each of the following conditions are met:
a. The zoning administrator makes a finding that there are no reasonable
alternatives to aligning the road or drive in or across the RPA;
it
b. The alignment and design of the road or driveway are optimized, consistent
with other applicable requirements, to minimize encroachment in the RPA and
minimize adverse effects on water quality;
C. The design and construction of the road or driveway satisfies all applicable
criteria of this ordinance;
d. The zoning administrator reviews the plan for the road or driveway
proposed in or across the RPA in coordination with the plan of development
requirements as required under section 5000 or subdivision plan.
b. A water quality impact assessment as outlined in section 4003 of this
ordinance shall be required for any proposed land disturbance, development or
redevelopment within resource protection areas. (8-21-06; Ord. No. 2012-12-C,
10-18-12; 4-16-15.)
Sec. 4002. - Performance standards in resource protection areas.
(a) Purpose and intent...... To minimize the adverse effects of human activities
on the other components of Resource Protection Areas (RPA), state waters, and
aquatic life, a one hundred -foot wide buffer area of vegetation that is effective in
retarding runoff, preventing erosion, and filtering nonpoint source pollution from
runoff shall be retained if present and established where it does not exist.
The buffer area shall be located adjacent to and landward of other RPA
components and along both sides of any water body with perennial flow. The one
hundred -foot full buffer area shall be designated as the landward component of
the Resource Protection Area, in accordance with section 3000 and section 5000
of this ordinance. Notwithstanding permitted uses, encroachments, and
vegetation clearing, as set forth in section 4001 and this section, the one hundred -
foot buffer area is not reduced in width.
The one hundred -foot buffer area shall be deemed to achieve a seventy -five -
percent reduction of sediments and a forty -percent reduction of nutrients.
(b) General performance standards for development and redevelopment.
1. Permitted modifications to the buffer area.
Note: Please refer to the Riparian Buffer Guidance Manual prepared by the
Virginia Chesapeake Bay Local Assistance Board for additional information and
guidance on the modifications to the buffer area permitted below.
a. In order to maintain the functional value of the buffer area, indigenous
vegetation may be removed only, subject to approval by the zoning administrator
who may require a plan of development in accordance with section 5000, to
provide for reasonable sight lines, access paths, and general woodlot
management, and best management practices, including those that prevent
upland erosion and concentrated flows of stormwater, as follows:
i. Trees may be pruned or removed as necessary to provide for reasonable
sight lines and vistas, provided that where removed, they shall be replaced with
other vegetation that is equally effective in retarding runoff, preventing erosion,
and filtering nonpoint source pollution from runoff.
ii. Any path shall be constructed and surfaced so as to effectively control
erosion.
iii. Dead, diseased, or dying trees or shrubbery and noxious weeds (such as
Johnson grass, kudzu and multiflora rose) may be removed and thinning of trees
allowed as permitted by the zoning administrator pursuant to sound horticultural
practices.
iv. For shoreline erosion control projects, trees and woody vegetation may be
removed, necessary control techniques employed, and appropriate vegetation
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established to protect or stabilize the shoreline in accordance with the best
available technical advice and applicable permit conditions or requirements.
2. Permitted encroachments into the buffer area.
a. When the application of the buffer area would result in the loss of a
buildable area on a lot or parcel recorded prior to October 1, 1989,
encroachments into the buffer area may be allowed through an administrative
process, in accordance with sections 4003 and_ 5000 and the following criteria:
L Encroachments into the buffer area shall be the minimum necessary to
achieve a reasonable buildable area for a principal structure and necessary
utilities;
ii. Where practicable, a vegetated area that will maximize water quality
protection, mitigate the effects of the buffer encroachment, and is equal to the
area of encroachment into the buffer area shall be established elsewhere on the
lot or parcel; and
iii. The encroachment may not extend into the seaward fifty (50) feet of the
buffer area.
b. When the application of the buffer area would result in the loss of a
buildable area on a lot or parcel recorded between October 1, 1989, and March 1,
2002, encroachments into the buffer area may be allowed through an
administrative process in accordance with sections 4003 and 5000 and the
following criteria:
i. The lot or parcel was created as a result of a legal process conducted in
conformity with the local government's subdivision regulations;
ii. Conditions or mitigation measures imposed through a previously approved
exception shall be met;
iii. If the use of a best management practice (BMP) was previously required,
the BMP shall be evaluated at the expense of the owner to determine if it
continues to function effectively and, if necessary, the BMP shall be reestablished
or repaired and maintained as required; and
iv. The criteria in subsection 2.a. above for lots recorded prior to October 1,
1989 shall be met.
3. Establishment of the required buffer.
a. Where a buffer has been reduced or does not exist, a landscaping plan
pursuant to subsection 5000(c) shall be submitted and approved prior to issuance
of any zoning or building permit. The landscaping plan shall be implemented in
full or surety provided to the county pursuant to subsection 5000(f)2. prior to
issuance of a certificate of occupancy.
b. In determining and approving an appropriate buffer, the zoning
administrator shall take into consideration adequate space around existing
structures and other factors unique to the site.
C. In determining the need for establishing the required buffer, staff may rely
on the latest aerial photographs, actual site visits, and other appropriate
resources available.
d. This subsection shall not apply to the conversion from agricultural or
silvicultural uses, which shall be governed by subsection 4002(b)5.
4. On agricultural lands the agricultural buffer area shall be managed to
prevent concentrated flows of surface water from breaching the buffer area and
appropriate measures may be taken to prevent noxious weeds from invading the
buffer area agricultural activities may encroach into the buffer area as follows:
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a. Agricultural activities may encroach into the landward fifty (50) feet of the
one hundred -foot wide buffer area when at least one (1) agricultural best
management practice, which, in the opinion of the Peanut Soil and Water
Conservation District, addresses the more predominant water quality issue on the
adjacent land — erosion control or nutrient management — is being implemented
on the adjacent land, provided that the combination of the undisturbed buffer
area and the best management practice achieves water quality protection,
pollutant removal, and water resource conservation at least the equivalent of the
one hundred -foot wide buffer area. If nutrient management is identified as the
predominant water quality issue, a nutrient management plan, including soil test,
must be developed consistent with the "Virginia Nutrient Management Training
and Certification Regulations (4 VAC 5-15 et seq. administered by the Virginia
Department of Conservation and Recreation.
b. Agricultural activities may encroach within the landward seventy-five (75)
feet of the one hundred -foot wide buffer area when agricultural best
management practices which address erosion control, nutrient management, and
pest chemical control, are being implemented on the adjacent land. The erosion
control practices must prevent erosion from exceeding the soil loss tolerance
level, referred to as "T", as defined in the "National Soil Survey Handbook" of
November 1996 in the "Field Office Technical Guide" of the U.S. Department of
Agriculture Natural Resource Conservation Service. A nutrient management plan,
including soil test, must be developed consistent with the "Virginia Nutrient
Management Training and Certification Regulations (4 VAC 5-15 et seq.
administered by the Virginia Department of Conservation and Recreation. In
conjunction with the remaining buffer area, this collection of best management
practices shall be presumed to achieve water quality protection at least the
equivalent of that provided by the one hundred -foot wide buffer area.
C. The buffer area is not required to be designated adjacent to agricultural
drainage ditches if the adjacent agricultural land has in place at least one (1) best
management practice as considered by the Peanut Soil and Water Conservation
District to address the more predominant water quality issue on the adjacent land
--- either erosion control or nutrient management.
d. If specific problems are identified pertaining to agricultural activities which
are causing pollution of the nearby water body with perennial flow or violate
performance standards pertaining to the vegetated buffer area, the zoning
administrator, in cooperation with soil and water conservation district, shall
recommend a compliance schedule to the landowner and require the problems to
be corrected consistent with that schedule. This schedule shall expedite
environmental protection while taking into account the seasons and other
temporal conditions so that the probability for successfully implementing the
corrective measures is greatest.
e. In cases where the landowner or his agent or operator has refused
assistance from the soils and water conservation district in complying with or
documenting compliance with the agricultural requirements of this ordinance, the
district shall report the noncompliance to the zoning administrator. The zoning
administrator shall require the landowner to correct the problems within a
specified period of time not to exceed eighteen (18) months from the initial
notification of the deficiencies to the landowner. The zoning administrator, in
cooperation with the district, shall recommend a compliance schedule to the
landowner and require the problems to be corrected consistent with that
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schedule. This schedule shall expedite environmental protection while taking into
account the seasons and other temporal conditions so that the probability for
successfully implementing the corrective measures is greatest.
3. When agricultural or silvicultural uses within the buffer area cease, and the
lands are proposed to be converted to other uses, the full one hundred -foot wide
buffer area shall be reestablished. In reestablishing the buffer, management
measures shall be undertaken to provide woody vegetation that assures the
buffer functions are maintained or established.
4. Prior to any land disturbing activities or any development of a lot or parcel,
a permanent sign shall be installed by the owner or developer identifying the
landward limits of the RPA. Such signs shall conform to general guidelines
established by the zoning administrator and approved by the board of supervisors
as to size, design, color, material, location and content and shall be installed and
maintained at the expense of the owner or developer in accordance with those
guidelines. Signs may be obtained from the county, at cost, or may be provided by
the developer. (8-21-06; 4-16-15.)
Sec. 4003. - Water quality impact assessment.
a. Purpose and intent. ..... The purpose of the water quality impact
assessment is to: i) identify the impacts of proposed land disturbance,
development or redevelopment on water quality and lands in RPAs and other
environmentally sensitive lands; ii) ensure that, where land disturbance,
development or redevelopment does take place within RPAs and other sensitive
lands, it will occur on those portions of a site and in a manner that will be least
disruptive to the natural functions of RPAs and other sensitive lands; iii) protect
individuals from investing funds for improvements proposed for location on lands
unsuited for such development because of high groundwater, erosion, or
vulnerability to flood and storm damage; iv) provide for administrative relief from
terms of this ordinance when warranted and in accordance with the requirements
contained herein; and v) specify mitigation which will address water quality
protection. There shall be two levels of water quality impact assessments: a minor
assessment and a major assessment.
b. Applicability...... A water quality impact assessment shall be required for
any development or rezoning in the Chesapeake Bay Preservation Area which:
i. Will disturb any portion of the one -hundred -foot buffer area of an RPA, or
any component identified in subsection 3000(b)1.;
ii. Contains ten (10) acres or more for any use, other than development of
single-family detached residential lots;
iii. Contains twenty-five (25) acres or more for the development of single-
family detached residential lots; or
iv. Any other development that may warrant such assessment due to unique
characteristics of the site or intensity of the proposed use or development, as
may be required by the zoning administrator.
C. Contents of the minor water quality impact assessment: A minor
assessment shall be required for circumstances described under section 4002 (b)
(2.a.) and (2.b.): The information required below shall be considered a minimum,
unless the zoning administrator determines that some of the elements are
unnecessary due to the scope and nature of the proposed use and development
of land: The minor water quality impact assessment shall be provided on forms
available through the zoning administrator, consistent with the requirements of
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this ordinance, and may be approved by the zoning administrator. The
assessment shall include a site drawing to scale which shows the following:
(1) Location of the components of the RPA, including the 100 foot buffer areas;
(2) Location and nature of the proposed encroachment into the buffer area,
including: type of paving material; areas of clearing or grading; location of any
structures, drives, other impervious cover; and sewage disposal systems or
reserve drain field sites;
(3) Type and location of proposed best management practices to mitigate the
proposed encroachment, if required;
(4) Location of existing vegetation and re -vegetated areas as shown on the site
drawing.
d. Contents of the major water quality impact assessment: The information
required below shall be considered a minimum, unless the zoning administrator
determines that some of the elements are unnecessary due to the scope and
nature of the proposed use and development of land:
1. A site plan, which shall at minimum, contain the following:
a. Location of the components of the resource protection area, including the
one -hundred -foot buffer area delineated in accordance with section 3001;
b. Location and nature of the proposed encroachment into the buffer area,
including type of paving material; areas of clearing or grading; location of any
structures, drives, or other impervious cover; and sewage disposal systems or
reserve drainfield sites;
C. Type and location of proposed best management practices to mitigate the
proposed encroachment;
d. Location of existing vegetation on site, including the number and type of
trees and other vegetation to be removed in the buffer to accommodate the
encroachment or modification;
e. Re -vegetation plan that supplements the existing buffer vegetation in a
manner that provides for pollutant removal, erosion and runoff control.
2. A hydrogeological element that:
a. Describes the existing topography, soils, and hydrology of the site and
adjacent lands.
b. Describes the impacts of the proposed development on topography, soils,
hydrology, and geology on the site and adjacent lands.
C. Indicates the following:
i. Disturbance or removal of wetlands and justification for such action;
ii. Disruptions or reductions in the supply of water to wetland, streams, lakes,
rivers, or other water bodies;
iii. Disruptions to existing hydrology including wetland and stream circulation
patterns;
iv. Source location of description of proposed fill material;
V. Location of dredging and location of dumping area for such dredged
material;
vi. Estimation of pre- and post -development pollutant loads in runoff;
vii. Estimation of percent increase in impervious surface on site, type(s) of
surfacing material used;
viii. Percent of site to be cleared for project;
ix. Anticipated duration and phasing schedule of construction project;
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X. Listing of all requisite permits from all applicable agencies necessary to
develop project.
d. Describes the proposed mitigation measures for the potential
hydrogeological impacts. Potential mitigative measures include:
i. Additional proposed erosion and sediment control concepts beyond those
normally required under subsection 4000(b)5. of this ordinance; these additional
concepts may include the following: minimizing the extent of cleared area;
perimeter controls; reduction of runoff velocities; measures to stabilize disturbed
areas; schedule and personnel for site inspection.
ii. When required, proposed stormwater management system for nonpoint
source quality and quantity control in compliance with Chapter 14A of Isle of
Wight County's stormwater Management Ordinance.
3. A vegetative element that:
a. Identifies and delineates the location of all woody plant material on site,
including all trees on site eight (8) inches or greater diameter at breast height or,
where there are groups of trees, said stands may be outlined.
b. Describes the impacts the development or use will have on the existing
vegetation. Information should include:
i. General limits of clearing, based on all anticipated improvements, including
buildings, drives, and utilities;
ii. Clear delineation of all trees and other woody vegetation which will be
removed;
iii. Description of all plant species to be disturbed or removed.
C. Describes the proposed measures for mitigation. Possible mitigation
measures include:
i. Proposed design plan and replanting schedule for trees and other woody
vegetation removed for construction, including a list of proposed plants and trees
to be used;
ii. Demonstration that the re -vegetation plan supplements the existing buffer
vegetation in a manner that provides for pollutant removal, erosion and runoff
control;
iii. Demonstration that the design of the plan will preserve to the greatest
extent possible any significant trees and vegetation on the site and will provide
maximum erosion control and overload flow benefits from such vegetation;
iv. Demonstration that indigenous plants are to be used to greatest extent
possible.
4. In the case of a WQIA for shoreline and bank stabilization projects, the
following items shall be required:
a. Completion of the shoreline erosion control water quality impact
assessment form, as provided by the zoning administrator and kept on file with
the department of planning and zoning;
b. An environmental assessment as follows:
L The environmental site assessment shall be drawn to scale and clearly
delineate the environmental components identified in subsection 3000(b) of this
ordinance;
ii. Wetlands delineations shall be performed consistent with the procedures
specified in the "Federal Manual for Identifying and Delineating Jurisdictional
Wetlands, 1987," and updates as they become available;
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iii. The environmental assessment shall delineate the geographic extent of the
resource protection area on the specific site or parcel as required under section
3001 of this ordinance;
iv. The environmental assessment shall be drawn at the same scale as the
preliminary site plan or subdivision plat;
C. A landscaping plan in accordance with subsection 5000(c), except that the
plans may be submitted by any qualified professional, including shoreline
contractors and nursery professionals;
d. A stormwater management plan in accordance with Chapter 14A of the Isle
of Wight County Code, as required by state code Section 62.1-44.15:55;
e. An erosion and sediment control plan in accordance with Chapter 6 of the
Isle of Wight County Code;
f. Project construction plans shall be certified as complete and accurate by a
professional shoreline engineer or other qualified professional, as determined by
the zoning administrator, as well as a determination as to the necessity of the
project.
5. For phased projects, an updated WQIA shall be provided for each phase to
the county planning and zoning department demonstrating the project's
compliance with the criteria of the original WQIA. An updated WQIA shall be
required until all phases of the project are complete.
d. Submission, review requirements, and evaluation procedure.
1. Ten (10) copies of all site drawings and other applicable information as
required by subsection c. above shall be submitted to the zoning administrator for
review.
2. All information required in this section shall be certified as complete and
accurate by a professional engineer or certified land surveyor qualified to prepare
such information.
3. Upon receipt of a water quality impact assessment, the zoning
administrator will determine if review by DEQ or any other state agency is
warranted. The zoning administrator will incorporate any comments received
from such a review into the final report, provided that such comments are
received within ninety (90) days of the request.
4. Upon receipt of a completed water quality impact assessment and receipt
of all appropriate comments, the zoning administrator shall forward the
information to the planning commission for consideration. For shoreline and bank
stabilization projects and piers, as well as for circumstances described under
section 4002 (b) (2.a.) and (2.b.), consistent with the provisions of this ordinance,
the zoning administrator may grant administrative approval of the water quality
impact assessment
5. The planning commission will determine whether or not the proposed
development is consistent with the spirit and intent of this ordinance and make a
recommendation to the board of supervisors based upon the following criteria:
a. Within any RPA, the proposed development is water -dependent or
redevelopment;
b. The percentage of existing wetlands disturbed by the development. The
number of square feet or acres to be disturbed;
C. The development will not result in significant disruption of the hydrology of
the site;
d. The development will not result in unnecessary destruction of plant
materials on site;
e. Proposed erosion and sediment control concepts are adequate to achieve
the reductions in runoff and prevent off-site sedimentation;
f. Proposed stormwater management concepts are adequate to control the
stormwater runoff for compliance with Chapter 14A of the Isle of Wight County
Code;
g. Proposed re -vegetation of disturbed areas will provide optimum erosion
and sediment control benefits, as well as runoff control and pollutant removal
equivalent of the full one -hundred -foot undisturbed buffer area;
h. The design and location of any proposed drain field will be in accordance
with the requirements of section 4000.
6. The planning commission shall recommend additional mitigation where
potential impacts have not been adequately addressed, subject to final approval
or modification by the board of supervisors. Evaluation of mitigation measures
will be made by the planning commission based on the criteria listed above and in
subsection 5.
7. The planning commission shall find the proposal to be inconsistent with the
purpose and intent of this ordinance when the impacts created by the proposal
cannot be mitigated, subject to final approval by the board of supervisors.
Evaluation of the impacts will be made by the planning commission based on the
criteria listed in subsection 5. (8-21-06; Ord. No. 2012-12-C, 10-18-12; 4-16-15.)
JIM
Article 5. - Administrative Procedures and Enforcement.
Sec. 5000. - Plan of development process.
Any development, or any redevelopment exceeding two thousand five hundred
(2,500) square feet of land disturbance shall be accomplished through a plan of
development process prior to any development preparation activities onsite, such
as clearing or grading of the site and the issuance of any building permit, to assure
compliance of all applicable requirements of this ordinance. Modifications to the
required buffer may require a plan of development, as determined by the zoning
administrator.
(a) Required information...... In addition to the requirements of County Zoning
Ordinance or the requirements of the County Subdivision Ordinance, the plan of
development process shall consist of the plans and studies identified below.
These required plans and studies may be coordinated or combined, as deemed
appropriate by the zoning administrator. The zoning administrator may determine
that some of the following information is unnecessary due to the scope and
nature of the proposed development.
The following plans or studies shall be submitted, unless otherwise provided for:
1. A plot plan or site plan in accordance with the provisions of County Zoning
Ordinance or subdivision plat in accordance with the provisions of the County
Subdivision Ordinance;
2. An environmental site assessment;
3. A landscaping plan;
4. A stormwater management plan in accordance with Chapter 14A of the
County Code;
5. An erosion and sediment control plan in accordance with the provisions of
Chapter 6 of the County Code.
(b) Environmental site assessment...... An environmental site assessment shall
be submitted in conjunction with preliminary site plan or preliminary subdivision
plan approval.
1. The environmental site assessment shall be drawn to scale and clearly
delineate the environmental components identified in subsection 3000(b) of this
ordinance.
2. Wetlands delineations shall be performed consistent with the procedures
specified in the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands, 1987, as may be amended.
3. The environmental site assessment shall delineate the geographic extent of
the Resource Protection Area on the specific site or parcel as required under
section 3001 of this ordinance;
4. The environmental site assessment shall be drawn at the same scale as the
preliminary site plan or subdivision plat, and shall be certified as complete and
accurate by a professional engineer or a certified land surveyor. This requirement
may be waived by the zoning administrator when the proposed use or
development will be clearly located outside of an RPA, based upon an evaluation
of the zoning administrator.
(c) Landscape plan...... A landscape plan shall be submitted in conjunction with
site plan review and approval or as part of subdivision plat approval. No clearing
or grading of any lot or parcel will be permitted without an approved landscape
plan.
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Landscape plans shall be prepared and/or certified by a design professional
practicing within their areas of competence as prescribed by the Code of Virginia.
1. Contents of the plan.
a. The landscape plan shall be drawn to scale and clearly delineate the
location, size, and description of existing and proposed plant material. All existing
trees on the site eight (S) inches or greater diameter at breast height (DBH) shall
be shown on the landscaping plan, or where there are groups of trees, said stands
may be outlined instead. The specific number of trees eight (S) inches or greater
DBH to be preserved outside of the building envelope shall be indicated on the
plan. Trees and other woody vegetation proposed to be removed to create the
desired construction footprint shall be clearly delineated on the landscaping plan.
b. Any required RPA buffer area shall be clearly delineated and any plant
material to be added to establish or supplement the buffer area, as required by
this ordinance, shall be shown on the landscaping plan.
C. Within the buffer area, trees and other woody vegetation to be removed
for reasonable sight lines, vistas, access paths, and best management practices, as
provided for in subsection 4002(b)1.a., shall be shown on the plan. Vegetation
required by this ordinance to replace any existing trees within the buffer area
shall be also be depicted on the landscape plan.
d. Trees and other woody vegetation to be removed for shoreline stabilization
projects and any replacement vegetation required by this ordinance shall be
shown on the landscape plan.
e. The plan shall depict grade changes or other work adjacent to trees that
would affect them adversely. Specifications shall be provided as to how grade,
drainage, and aeration would be maintained around trees to be preserved.
f. The landscape plan will include specifications for the protection of existing
trees and other vegetation during clearing, grading, and all phases of
construction.
g. If the proposed development is a change in use from agricultural or
silvilcultural to some other use, the plan must demonstrate the re-establishment
of vegetation in the buffer area.
2. Plant specifications.
a. All plant materials necessary to supplement the buffer area or vegetated
areas outside the construction footprint shall be installed according to standard
planting practices and procedures.
b. All supplementary or replacement plant materials shall be living and in a
healthy condition. Plant materials shall conform to the standards of the most
recent edition of the American Standard for Nursery Stock, published by the
American Association of Nurserymen.
C. Where areas to be preserved, as designated on an approved landscaping
plan, are encroached, replacement of existing trees and other vegetation shall be
achieved with a ratio of three (3) planted trees to each tree removed in
accordance with good woodlot management. Replacement trees shall be two (2)
inches DBH at the time of planting.
d. Use of native or indigenous species is strongly encouraged.
3. Maintenance.
a. The applicant shall be responsible for the maintenance and replacement of
all vegetation as may be required by the provisions of this ordinance.
b. In buffer areas and areas outside the construction footprint, plant material
shall be tended and maintained in a healthy growing condition and free from
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refuse and debris. Unhealthy, dying, or dead plant materials shall be replaced
during the next planting season, as required by the provisions of this ordinance.
(d) Stormwater management plan...... A stormwater management plan shall
be submitted as part of the plan of development process required by this
ordinance and in conjunction with site plan or subdivision plan approval in
accordance with the provisions of Chapter 14A of the County Code.
1. For phased projects, an updated stormwater management plan shall be
provided for each phase to the county planning and zoning department
demonstrating the project's stormwater management facilities are still meeting
the pollutant removal standards of the original WQIA. Updated stormwater
management plans shall be required until all phases of the project are complete.
(e) Erosion and sediment control plan...... An erosion and sediment control
plan shall be submitted that satisfies the requirements of this ordinance and in
accordance with Chapter 6 of the County Code, in conjunction with plot plan, site
plan or subdivision plan approval.
(f) Final plan...... Final plans for property within CBPAs shall be final plats for
land to be subdivided or site plans for land not to be subdivided as required in the
County Zoning Ordinance.
1. Final plans for all lands within CBPAs shall include the following additional
information:
a. The delineation of the Resource Protection Area boundary, including the
one hundred -foot buffer component;
b. Plat or plan note stating that no land disturbance is allowed in the buffer
area without review and approval by the zoning administrator;
C. All wetlands permits required by law;
d. A maintenance agreement as deemed necessary and appropriate by the
zoning administrator and/or the stormwater division to ensure proper
maintenance of best management practices in order to continue their functions.
2. Installation and bonding requirements.
a. Where buffer areas, landscaping, stormwater management facilities or
other specifications of an approved plan are required, no certificate of occupancy
shall be issued until the installation of required plant material or facilities is
completed in accordance with the approved site plan.
b. When the occupancy of a structure is desired prior to the completion of the
required landscaping, stormwater management facilities, or other specifications
of an approved plan, a certificate of occupancy may be issued only if the applicant
provides to the county a form of surety satisfactory to the county attorney in an
amount equal to the remaining plant materials, related materials, or installation
costs of the required landscaping or facilities and/or maintenance costs for any
required stormwater management facilities as determined by the zoning
administrator.
C. All required landscaping shall be installed and approved by the first planting
season following issuance of a certificate of occupancy or the surety may be
forfeited to the county.
d. After all required actions of the approved site plan have been completed,
the applicant must submit a written request for final inspection. If the
requirements of the approved plan have been completed to the satisfaction of
the zoning administrator, such unexpended or unobligated portion of the surety
held shall be refunded to the applicant or terminated within sixty (60) days
following receipt of the applicant's request for final inspection. The zoning
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administrator may require a certificate of substantial completion from a
professional engineer or Class III B surveyor before making a final inspection.
(g) Administrative responsibility. ..... Administration of the plan of
development process shall be in accordance with the County Zoning Ordinance or
the County Subdivision Ordinance. The zoning administrator shall approve,
approve subject to conditions, or disapprove the plans in accordance with the
reviewing authorities' recommendations. The zoning administrator shall return
notification of plan review results to the applicant, including recommended
conditions or modifications. In the event that the results and/or recommended
conditions or modifications are acceptable to the applicant, the plan shall be so
modified, if required, and approved.
(h) Denial of plan, appeal of conditions or modifications...... In the event the
final plan or any component of the plan of development process is disapproved or
recommended conditions or modifications are unacceptable to the applicant, the
applicant may appeal such administrative decision to the planning commission
within sixty (60) days of the administrative decision to be appealed. The planning
commission shall make a recommendation to the board of supervisors. The final
decision on an appeal shall be made by the board of supervisors.
In preparing to recommend to grant or deny an appeal, the planning commission
must find such plan to be in accordance with all applicable ordinances and include
necessary elements to mitigate any detrimental impact on water quality and upon
adjacent property and the surrounding area, or such plan meets the purpose and
intent of the performance standards in this ordinance. If the planning commission
finds that the applicant's plan does not meet the above stated criteria, they shall
recommend denial of the plan. (8-21-06; 4-16-15.)
Responsive to the Board's desire to be advised about administrative reviews, staff
is to incorporate a report under the "For the Board's Information" section of the
County Administrator's report, as well as a report on the efficiency of this
ordinance following the first twelve months of its adoption.
COUNTY ADMINISTRATOR'S REPORT
County Administrator Keaton reported on items discussed at the most recent
meeting of the Southeastern Public Service Authority which included a status
report on the Repower South agreement.
County Administrator Keaton reported on matters discussed at the most recent
meeting of the Chief Administrative Officers which was hosted by the County and
attended by FEMA representatives.
Revised operating hours for the County's refuse and recycling centers were
presented by Tony Wilson, Director of Public Works.
OLD BUSINESS
Don Jennings, Director of Utility Services, presented the Stormwater Advisory
Committee Bylaws for consideration by the Board.
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Upon motion of Supervisor McCarty, all those present voting in favor, the bylaws
were adopted as presented with suggested revisions to the language under
Section 1-3 and Section 2-1 relating to appointments. There are to be two Board
of Supervisors' as liaison's (Supervisors Grice and McCarty) as non-voting
members; five citizen appointments, one from each election district; and, two
town voting members.
County Attorney Popovich presented a Resolution to Authorize Economic
Development Retention Grants for the Board's consideration developed for the
purpose of prohibiting a negative impact on businesses relative to the Machinery
& Tools tax rate change implemented this fiscal year.
Upon motion of Supervisor McCarty, all those present voting in favor, the
following Resolution was adopted:
RESOLUTION TO AUTHORIZE THE ISSUANCE OF
ECONOMIC DEVELOPMENT RETENTION GRANTS
WHEREAS, in order to better position itself for future economic development
opportunities, Isle of Wight County engaged in a re-examination of its machinery
and tools (M&T) tax; and,
WHEREAS, in cooperation with the Board of Supervisors, the Commissioner of the
Revenue adjusted the County's M&T tax assessments for multiple tax years and
made appropriate adjustments of tax amounts for prior years including 2016; and,
WHEREAS, in an effort to mitigate the impact on County revenues resulting from
the adjustment to M&T taxes, the Board of Supervisors adopted a a one-year
adjustment to the machinery and tools tax rate for FY2017-18 with the intent that
any businesses negatively impacted by the adjustment would be eligible for an
Economic Development Retention Grant.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of
Supervisors of the County of Isle of Wight, Virginia authorizes the issuance of
Economic Development Retention Grants in the cumulative amount of thirty two
thousand one hundred twenty five dollars ($32,125) to businesses negatively
impacted by the adjustment to the M&T tax.
NEW BUSINESS
County Administrator Keaton presented a Resolution Regarding School Board
Budget for Career and Technical Education Expenses for the Board's
consideration.
Upon motion of Supervisor Acree, all those present voting in favor, the following
Resolution was adopted:
RESOLUTION REGARDING SCHOOL BOARD BUDGET FOR CAREER AND TECHNICAL
EDUCATION EXPENDITURES
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WHEREAS, at a joint meeting between the Isle of Wight County Board of
Supervisors and School Board on March 2, 2017, a presentation was made by the
School Superintendent to propose the development of a career and technical
education (CTE) program specifically for Isle of Wight Public Schools; and,
WHEREAS, at said meeting a request was made of the Isle of Wight County Board
of Supervisors to issue bonds in an amount of $10 million in order to pay for
School related capital improvements; and,
WHEREAS, the Isle of Wight County School Board proposed that repayment of
said bond issuance be accomplished by using monies currently allocated in the
school budget for the CTE program at the P.D. Pruden Center which the School
Board has decided to withdraw from; and,
WHEREAS, based upon such presentation by the Isle of Wight County School
Board, the Isle of Wight County Board of Supervisors held a public hearing on
April 20, 2017 authorizing the issuance of bonds in an amount of $7.9 million to
provide for necessary capital improvements to promote the School Board's
proposed CTE program; and,
WHEREAS, the Isle of Wight Board of Supervisors wishes to memorialize its
intentions as it relates to the promotion of the Isle of Wight County Schools CTE
Program.
NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of
Supervisors that it is the Board's intention that from this day forward, until fully
paid off, the funds previously authorized and appropriated to the Isle of Wight
County School Board for payment of the CTE program at the P.D. Pruden Center
shall henceforth be reauthorized and reallocated for the sole purpose of
repayment of the debt owed as a result of the issuance of the $7.9 million bond.
Jamie Oliver, Transportation Planner, presented a Resolution of the Board of
Supervisors of Isle of Wight County to Designate the Smithfield Sidewalk
Construction Project (UPC 102951) as a Revenue Sharing Project for the Board's
consideration.
Upon motion of Supervisor Jefferson, all those present voting in favor, the
following Resolution was adopted:
A RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY TO
DESIGNATE THE SMITHFIELD SIDEWALK CONSTRUCTION PROJECT (UPC 102951)
AS A REVENUE SHARING PROJECT
WHEREAS, Isle of Wight County has established and initiated the Smithfield
Sidewalk construction project (UPC 102951) for the improvement of safety and
quality of life for County residents and visitors and is committed to completion of
said project; and,
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WHEREAS, said sidewalk project is a collaboration between the County and the
Town of Smithfield, whom has faithfully contributed one hundred thousand
dollars ($100,000) of community funds toward completion of the project; and,
WHEREAS, the estimate for the Smithfield Sidewalk construction project (UPC
102951) has increased from eight hundred forty one thousand dollars ($841,000)
in 2012 to one million one hundred six thousand ninety five dollars ($1,106,095)
in 2017; and,
WHEREAS, Isle of Wight County has identified transportation projects which can
be fiscally closed with residual grant and local funds used to provide for the
estimate increase without the appropriation of new public funds.
NOW, THEREFORE, BE IT RESOLVED that Isle of Wight County requests that
Smithfield Sidewalk construction project (UPC 102951) be designated as a
Revenue Sharing project with the opportunity to receive surplus Revenue Sharing
funds which may become available from completed and/or cancelled Revenue
Sharing projects for the purpose of advancing construction.
BE IT FURTHER RESOLVED that Isle of Wight County will be responsible for and is
committed to providing matching funds in the amount of 50% of the total
Revenue Sharing funds which may be transferred to the project.
BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County,
Virginia and/or his/her designee is authorized to transfer funds from existing
transportation capital projects as necessary to provide construction funding and
matching contributions for the Smithfield Sidewalk Construction Project (UPC
102951), not to exceed the amount of the current estimate increase.
BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County,
Virginia is authorized to execute all programmatic documents, make all such
accounting adjustments, and execute all such agreements and contracts as
necessary to complete construction of the Smithfield Sidewalk construction
project (UPC 102951).
A request for a budget transfer to address a flooding problem at the Hardy
Elementary School was presented by Mr. Jennings.
Upon motion of Supervisor Grice, all those present voting in favor, staff was
authorized to transfer funds to cover the cost of the Hardy Elementary School
flooding and drainage project.
A Resolution to Transfer Funding from the Contingency Fund to the Debt Service
Fund to Cover Costs Related to the Issuance of General Obligation Line of Credit,
Series 2017 ($15,600) was presented for consideration by County Administrator
Keaton.
Upon motion of Supervisor Jefferson, all those present voting in favor, the
following Resolution was adopted:
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RESOLUTION TO TRANSFER FUNDING FROM THE CONTINGENCY FUND TO THE
DEBT SERVICE FUND TO COVER COSTS RELATED TO THE ISSUANCE OF
GENERAL OBLIGATION LINE OF CREDIT, SERIES 2017
WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia issued
a General Obligation Line of Credit, Series 2017; and,
WHEREAS, the Debt Service fund requires fifteen thousand, six hundred dollars
($15,600) for costs associated with the General Obligation Line of Credit, Series
2017.
NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors
of Isle of Wight County, Virginia, that fifteen thousand six hundred dollars
($15,600) be transferred from the FY2016-17 Contingency Fund budget to the
FY2016-17 Debt Service Fund budget of the County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight
County is authorized to make the appropriate accounting adjustments and to do
all things necessary to give this resolution effect.
A Resolution to Transfer the E911 Professional Services Appropriation to the E911
Radio Communications System Project in the Capital Projects Fund ($73,000) was
presented by County Administrator Keaton for consideration.
Upon motion of Supervisor Acree, all those present voting in favor, the following
Resolution was adopted:
RESOLUTION TO TRANSFER THE E-911 PROFESSIONAL SERVICES APPROPRIATION
TO THE E911 RADIO COMMUNICATIONS SYSTEM PROJECT IN THE CAPITAL
PROJECTS FUND
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia has approved
an agreement with Engineering Associates, LLC for the purpose of replacing the
County's Public Safety Radio System; and,
WHEREAS, this funding was originally appropriated to the FY 2015-16 E-911 Fund,
professional services budget line and requires a transfer to the FY2016-17 Capital
Project Fund, E911 Radio Public Communications System project, professional
services budget line.
NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors
of Isle of Wight County, Virginia that seventy three thousand dollars ($73,000) be
transferred from the Professional Services budget line item in the E-911 Fund to
the E911 Radio Communications Systems Project budget line item in the FY2016-
17 Capital Projects Fund of the County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of
Wight, Virginia is authorized to make the appropriate accounting adjustments in
the budget and to do all things necessary to give this resolution effect.
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Responsive to a request to change the Board's July regular meeting date, upon
motion of Supervisor McCarty, all those present voting in favor, the Board's
regular July meeting was rescheduled to Monday, July 17th at 5:00 p.m.
An amendment to the FY2017-18 Animal Control Division's Personnel Summary to
authorize an additional full-time position of Chief Animal Control Officer was
presented by Mary Beth Johnson, Director of Human Resources, upon the
resignation of the current Chief Animal Control Officer.
Upon motion of Supervisor McCarty, all those present voting in favor, the
amendment was approved.
Supervisor Acree requested the Board's consideration of waiving the fees
associated with the installation and setting of the water meter base at the Isle of
Wight Ruritan Club or tabling the request to allow staff to provide the Board with
a cost analysis.
Mr. Jennings advised that the County's ordinance does not provide for
exemptions; therefore, the fees cannot be waived. He advised that the
Operations Managers has been requested to investigate and report back to him
regarding the actual costs.
Upon motion of Supervisor Acree, all those present voting in favor, action was
tabled on the matter to allow staff an opportunity to research and provide the
Board with options regarding non-profit low-volume fee schedules for water
meters and a cost analysis for installing water meters.
Supervisor McCarty expressed an interest in the creation of a task force charged
with investigating methods to allow County residents the ability to address the
Board during meetings from their homes.
Supervisor Grice requested a policy/procedure be created by staff relative to the
establishment and appointment of a leadership task force for the Comprehensive
Plan for consideration by the Board at its July 17, 2017 meeting.
ADJOURNMENT
At 9:30 p.m., Chairman Alphin declared the meeting adjourned.
&/P- le
R x . Alphin, Ch firman
Careyi Is Stor , Clerk
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