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11-16-2017 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 SIXTEENTH DAY OF NOVEMBER 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 Joel C. Acree, Windsor District 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 On motion of Supervisor McCarty, all those voting in favor (5-0), the Consent Agenda was approved with the following amendments: Under New Business, add discussion regarding financial matters. Under New Business, add discussion involving the Memorandum of Understanding for the Ballpark in Smithfield and the Community Center in Windsor. Under New Business, add discussion regarding the County providing water to the Isle of Wight Ruritan Club. 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 Upon motion of Supervisor McCarty, all voting in favor (5-0), the Board entered the closed meeting for the reasons stated by County Attorney Popovich. Upon motion of Supervisor Acree and all voting in favor (5-0), the Board reconvened into open meeting. County Attorney Popovich reminded the Board that in accordance with Section 2- 10(G) of the Board's Rules & Procedure, all those who participated in the closed meeting are reminded that all matters discussed in closed meeting are to remain confidential, as provided under the Virginia Freedom of Information Act, and that such matters as were discussed in closed meeting should not be acted upon or discussed in public by any participant unless and until a public, formal action of the Board of Supervisors is taken on that particular subject matter. Upon motion of Supervisor McCarty, 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 CITIZENS' COMMENTS Albert Burckard of Titus Point Lane advised that the new historical marker signs are now in at Fort Huger. The Board was invited to attend a celebration of General Huger's birthday at the museum at noon on Wednesday, November 22". John O'Dell, resident of Hanover County, representing the Virginia Water Well Association, went on record that private water wells are a safe source of drinking water for citizens. Herb DeGroft of Mill Swamp Road addressed the Board concerning the increased cost for the Nike Park Bike Trail project. He encouraged the Board to continue to pursue its efforts to sell the Blackwater River property to the State and sell the Stoup property. He recommended cost reductions in operation of 10-15% and consolidation of services with the School Division. Board comments were solicited and Supervisor Jefferson addressed County funds associated with the Nike Park Trail and Route 620 projects. CONSENT AGENDA A. Resolution to Amend Chapter 1: Personnel, Article VI, Section 6.8 of the County Policy Manual and to Abolish Chapter 1: Personnel, Article XIV of the County Policy Manual B. Resolution to Accept and Appropriate a Virginia Litter Prevention & Recycling Grant from the Virginia Department of Environmental Quality ($9,310) C. Resolution to Accept and Appropriate Funds from the Virginia Department of Motor Vehicles Animal Friendly License Plate Program ($840) D. Comprehensive Plan Task Force Member Nominations E. Request for 2016 Economic Development Incentive Program Grant (EDIG) and Enterprise Zone Machinery and Tools Tax Grant Payments for ST Tissue, LLC F. September 21, 2017 Regular Meeting Minutes On motion of Supervisor McCarty, all those present voting in favor (5-0), the Consent Agenda was adopted as presented. APPOINTMENTS Supervisor Jefferson submitted his resignation on the Comprehensive Plan Advisory Committee and moved that James Ford be appointed to serve on the Comprehensive Plan Advisory Committee, which passed unanimously (5-0). Supervisor Grice moved that Jerry Terwilliger be reappointed to the Board of Building Appeals representing the Smithfield District which passed unanimously (5-0). SPECIAL PRESENTATIONS Tommy Catlett, Virginia Department of Transportation, provided a monthly update on County roadways, as well as paving, mowing and ditch maintenance efforts. Supervisor Acree advised of needed improvements to the shoulder on Route 620. Supervisor McCarty requested and received an explanation for the delay in the Whippingham Parkway project. He further advised of various needed repairs to potholes located along Smith's Neck Road, Reynolds Drive, the Carrisbrooke neighborhood and on Channel Way. He relayed the importance of VDOT keeping the grass mowed in right-of-way areas throughout the County. Supervisor Grice advised of the need for a reduced speed limit sign on Route 10 and Blount's Corner Road and one on Day's Point Road. Chairman Alphin requested additional agricultural equipment road signs. County Administrator Keaton notified the Board that VDOT has located additional funding in the amount of $215,851 which will be applied to the Nike Park Trail project. Supervisor Acree advised that the lines in the roadway at Battery Park Road and South Church Street need repainting William C. Smith, Western Tidewater Regional Jail Superintendent, recognized Chairman Alphin for his service as a member of the Western Tidewater Regional Jail Authority Board. COUNTY ATTORNEY'S REPORT The Board's By-laws and Rules of Procedure were submitted for review purposes Ed Easter of Hideaway Lane notified the Board of Supervisor McCarty's recent offer to pay the bill associated with having the Rescue Community Building inspected. County Administrator Keaton advised following an inspection by staff, the cost to bring the building up to code would be relayed to the Board. PUBLIC HEARINGS A. Application of Bay Sand Company, Inc., Applicant, and Everetts Properties, Inc./Charles H. Rose and Lynn K. Rose, Owners, for a Conditional Use Permit on 141 Acres of Land Located on a Private Road off of Muddy Cross Drive to Allow for the Expansion of the Existing Conditional Use of Resource Extraction to be Permitted on the Property. Richard Rudnicki, Assistant Director of Planning & Zoning, presented the application. The public hearing was opened and comments from those in favor or in opposition were solicited. William Riddick, Attorney representing the applicant, stated this is an expansion of an existing permit and will not cause any different impact on the area. The economic benefit of this use is significant and the County has received over $350,000 in extraction fees since 2013; pays $15,000 to $20,000 annually in equipment tax; and, employs 15 employees. He advised that the applicant did meet with adjacent property owners prior to the Planning Commission meeting and an adjacent property owner spoke at the Planning Commission meeting stating that he was satisfied that it would not impact his property. He respectfully disagreed with the conclusions of Mr. Burckard who spoke against the application on behalf of the Isle of Wight Citizens Association due to degradation of the property. He stated the County is blessed with this type of material which is necessary for progress used for road building and construction sites. He stated there are other borrow pits in the County which are used for residential applications, but this one would not be subject to that use because it is located outside the development service districts. He stated they are also collection places for surface water and the topsoil is retained. He stated site is well off the road and will not have a negative visual impact. Albert Burckard, on behalf of the Isle of Wight Citizens Association, stated the Association adopted a resolution against open pit mining in the County. Members in the audience in support of the resolution stood. Tl 1 1' i ' 1 1 1 n 1 ,. -..---1'_'�_ 7 Supervisor Grice commented that the neighbor adjacent to the property has no opposition to this project and he would be the person most affected by this application. He stated sand does generate revenue for the County and with respect to the removal of any topsoil, the County would welcome the contribution of any topsoil to maintain County's landfill. On motion of Supervisor Acree, all members voting in favor (5-0), the application for a Conditional Use Permit was approved as presented. B. Sign Easement Agreement with Virginia Electric Power Company d.b.a. Dominion Energy Virginia David Smith, Director of Parks and Recreation, provided background information on the project. The public hearing was opened and comments from those in favor or in opposition were solicited. No one appeared and spoke and the public hearing was closed. On motion of Supervisor Jefferson, all members voting in favor (5-0), staff was authorized to execute a Sign Easement Agreement with Virginia Electric Power Company d.b.a. Dominion Energy Virginia. C. Amend and Reenact Chapter 14A, Stormwater Management of the Isle of Wight County Code County Attorney Popovich commented that the proposed revisions are relative to Mr. Jenning's prior presentations to the Board related to Stormwater regulations. The public hearing was opened and comments from those in favor or in opposition were solicited. No one appeared and spoke. The public hearing was closed and Board comments were solicited. Responsive to Supervisor Acree, Mr. Jennings responded that the Department of Mines, Minerals and Energy regulates borrow pit operation regarding its slope. On motion of Supervisor McCarty, all members voting in favor, the following Ordinance amendment was adopted: OLTAD'r D 1 A A Q'rnDA4'%1TATT:'D A4AT%TA0-TZA4r'KT'r* adopts the applicable regulations that specify standards and specifications for VSMPs promulgated by the state board for the purposes set forth in this chapter. In accordance with 9VAC25-870-148, the Board of Supervisors of Isle of Wight County hereby designates the director of utility services or an authorized designee as the program administrator of the Isle of Wight County Stormwater Management Program. (b) The Isle of Wight County Board of Supervisors, as provided in article IX of this chapter, shall set appropriate levels of stormwater management utility fees so that adequate revenues will be generated to provide for a balanced operating and capital improvement budget for operation and maintenance of the county's stormwater assets. (5-1-14.) Sec. 14A-2. - Findings of fact. The waters and waterways within the county are, at times, subjected to flooding; that such flooding is a danger to the lives and property of the public; that such flooding is also a danger to the natural resources of the county; that development tends to exacerbate such flooding by increasing stormwater runoff due to alteration of the hydrologic response of the watershed in changing from the undeveloped to the developed condition; that such increased flooding produced by the development of real property contributes increased quantities of water -borne pollutants, and tends to increase channel erosion; that such increased flooding, increased erosion, and increased pollution constitutes deterioration of the water resources of the county; and that such increased flooding, increased erosion and increased pollution can be controlled to some extent by the regulation of stormwater runoff from such development. Therefore, it is determined that it is in the public interest to establish requirements to regulate the discharge of stormwater runoff from such developments as provided in this chapter. (5-1-14.) Sec. 14A-3. - Purpose. It is the purpose of this chapter to establish minimum stormwater management requirements and controls to protect properties, safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction, protect the quality of state waters from the potential harm caused by land - disturbing activity, and to establish procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced. (a) This ordinance is adopted pursuant to Article 23 (§ 62.1-44.15:27 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia. (b) This chapter seeks to meet these purposes through the following objectives: I. Require that land development and land conversion activities as nearly as practicable mimic the pre -development runoff characteristics in order to reduce flooding, siltation, stream bank erosion, and property damage; 2. Establish minimum design criteria for the protection of properties and aquatic resources downstream from land development and land conversion activities from damages due to increases in volume, velocity, frequency, duration, Sec. 14A-4. - Applicability. (a) All land development projects disturbing greater than or equal to one acre of land or two thousand five hundred square feet within the Chesapeake Bay watershed, as well as all modifications to existing stormwater systems and all illicit discharges, shall comply with the requirements of this chapter, except as provided for in section 62.1-44.15:34C of the Code of Virginia, also listed below, or such exceptions as may be granted pursuant to article IV of this chapter. (b) Pursuant to section 62.1-44.15:34C of the Code of Virginia, the following activities are exempt from this chapter: 1. Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Title 45:1; 2. Clearing of lands specifically for agricultural purposes and the management, tilling, planting or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§ 10.1-1100 et seq.) or is converted to bona fide agricultural or improved pasture use as described in subsection B of § 10.1-1163; 3. Single-family residences separately built and disturbing less than one acre and not part of a larger common plan of development or sale, including additions or modifications to existing single-family detached residential structures. However, properties where land disturbance exceeds two thousand five hundred square feet that are subject to the Chesapeake Bay Preservation Act (§ 62.1- 44.15:67 et seq.) may be subject to these regulations based on criteria defined in the Stormwater Policy and Procedure Manual; 4. Land -disturbing activities that disturb less than one acre of land area except for land -disturbing activity exceeding an area of two thousand five hundred square feet in all areas of the jurisdictions designated as subject to the Chesapeake Bay Preservation Area Designation and Management Regulations (9VAC25-830) adopted pursuant to the Chesapeake Bay Preservation Act (§ 62.1-44.15:67 et seq.) or activities that are part of a larger common plan of development or sale that is one acre or greater of disturbance. 5. Discharges to a sanitary sewer or combined sewer system; 6. Activities under a state or federal reclamation program to return an abandoned property to an agricultural or open land use; 7. Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original construction of the project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if (c) Stormwater management plans submitted shall be governed by the stormwater criteria found in the latest edition of the Virginia Stormwater Management Handbook as well as other criteria referenced therein. Final authorization of all projects will be determined after review by the Isle of Wight County Stormwater Division. (5-1-14.) Sec. 14A-5. - Compatibility with other permit and ordinance requirements. Approvals issued pursuant to this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance at the local, state, or federal level. If more stringent requirements concerning regulation of stormwater are contained in the other code, rule, act or ordinance, the more stringent regulation shall apply. (5-1-14.) Sec. 14A-6. - Severability. If the provisions of any article, section, subsection, paragraph, subdivision or clause of this chapter shall be judged invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this chapter. (5-1-14.) Sec. 14A-7. - Adoption of the Virginia Stormwater Management Handbook and the BMP Clearinghouse. Isle of Wight County will utilize the policy, criteria and information, including specifications and standards of the latest edition of the Virginia Stormwater Management Handbook (VSMH, Handbook) and incorporated references therein, for the proper implementation of the requirements of this chapter. The BMP Clearinghouse includes a list of acceptable stormwater management facilities, and the specific design criteria for each stormwater facility. The Handbook and BMP Clearinghouse may be updated and expanded from time to time, based on improvements in engineering, science, monitoring and local maintenance experience. Stormwater management facilities designed and constructed in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards. (5-1-14.) Article II. - Definitions. Sec. 14A-8. - Definitions. In addition to the definitions set forth in 9VAC25-870-10 of the Virginia Stormwater Management Regulations, as amended, which are expressly adopted and incorporated herein by reference, the following words and terms used in this chapter have the following meanings unless otherwise specified herein. Refer to the latest edition of the Virginia Stormwater Management Handbook for additional definitions not contained in this chapter. Administrator\ or program administrator for the purposes of this chapter means the VSMP authority, the director of the Isle of Wight County Utility Services Department or authorized designee responsible for administering the VSMP on behalf of Isle of Wight County. A Rrnomon+ ire 1in..�� n n+.�rrnn+or rnnnnremm�n+ r�nn5 mnnnn n nrn�rnn+ tiaat»rraan Applicant\ means any person submitting an application for a permit or requesting issuance of a permit under this chapter. Best management practice (BMP),. means schedules of activities, prohibitions of practices, including both structural and nonstructural practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land-disturbing activities. Chesapeake Bay Preservation Act (CBPA) land-disturbing activity\ means a land- disturbing activity including clearing, grading, or excavation that results in a land disturbance equal to or greater than two thousand five hundred square feet and less than one acre in all areas of jurisdictions designated as subject to the Chesapeake Bay Preservation Area Designation and Management Regulations (9VAC25-830) adopted pursuant to the Chesapeake Bay Preservation Act, Code of Virginia, § 62.1-44.15:67, et seq. Clean Water A& or CWA means the federal Clean Water Act (33 U.S.0 § 1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto. Common plan of development or sale'. means a contiguous area where separate and distinct construction activities may be taking place at different times on difference schedules. Control measure\ means any best management practice or stormwater facility, or other method used to minimize the discharge of pollutants to state waters. Credits'. means a reduction in a nonresidential customer's stormwater user fee given for certain qualifying activities that either reduce the impact of increased stormwater runoff or reduce the county's costs of providing stormwater management. Department\ means the Virginia Department of Environmental Quality. Developed nonresidential property\ means developed property that does not serve a primary purpose of providing permanent dwelling units. Such property shall include, but not be limited to, commercial properties, industrial properties, parking lots, recreational and cultural facilities, hotels, offices, hospitals, churches, manufactured home parks, apartment buildings, and other multifamily properties with more than four dwelling units. Developed property! means a real property that has been altered in whole or in part from its "natural" state by the addition of any improvements such as buildings, structures, paving and,, or other impervious surfaces. Developed residential property\ means a developed property containing at least one, but no more than four, dwelling unit, accessory structure, or other improvement. Such properties shall include, but not be limited to, those with single -family houses, condominiums, duplexes, triplexes, quadruplexes, townhouses and manufactured homes {that are not located in a manufactured 11nma hart l AaAc. rtararrac and nfbar arraconr%r ctrm-fiirs.e Equivalent residential unit\ or ERU means the equivalent impervious area of a single-family developed residential property per dwelling unit located within the county based on the statistical average horizontal impervious area of a single- family residence in the county. The ERU is defined in the uniform fee schedule. ERU rate\ means the fee charged for one equivalent residential unit, as shall be set out in the Isle of Wight Uniform Fee Schedule, as adopted by the Isle of Wight County Board of Supervisors, as it may be amended. General permit, means the state permit titled General VPDES Permit for Discharges of Stormwater from Construction Activities found in part 9VAC25- 880-1 et seq. of the stormwater regulations authorizing a category of discharges under the Clean Water Act and the Virginia Stormwater Management Act within a geographical area of the Commonwealth of Virginia. Land disturbance\ or land -disturbing activity means a manmade change to the land surface that potentially changes its runoff characteristics including clearing, grading, or excavation except that the term shall not include those exemptions specified in section 62.1-44.15:34C of the Code of Virginia. Layout\ means a conceptual drawing sufficient to provide for the specified stormwater management facilities required at the time of approval. Manufactured home park\ means a lot or parcel on which are located, or which is arranged or equipped for the accommodation of, two or more manufactured homes occupied for living purposes. Minor modification\ means an amendment to an existing general permit before its expiration not requiring extensive review and evaluation including, but not limited to, changes in EPA promulgated test protocols, increasing monitoring frequency requirements, changes in sampling Iocations, and changes to compliance dates within the overall compliance schedules. A minor general permit modification or amendment does not substantially alter general permit conditions, substantially increase or decrease the amount of surface water impacts, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment. Operator's means the owner or operator of any facility or activity subject to regulation under this chapter. Permittee\ means the person to whom the VSMP authority permit is issued. Person\ means any individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, governmental body, including a federal, state, or local entity as applicable, any interstate body or any other legal entity. Private stormwater facilities', means various stormwater and drainage works not under the control or ownership of the county, state or federal government which may include inlets, conduits, pipes, pumping stations, manholes, structures, channels, outlets, retention or detention basins, other structural components and equipment designed to transport, move, treat or regulate stormwater. Public stormwater facilities -S means various stormwater and drainage works under FIS... ......+--I -- .....».-.....1.... --r 4-U— ­. +. ..4-..4.. __ -P— .a.. 1 .ran.. connection with the facility or land --disturbing activity. Areas channelward of mean low water in tidal Virginia shall not be considered part of a site. State% means the Commonwealth of Virginia. State board, means the Virginia State Water Control Board. State permit) means an approval to conduct a land -disturbing activity issued by the state board in the form of a state stormwater individual permit or coverage issued under a state general permit or an approval issued by the state board for stormwater discharges from an MS4. Under these state permits, the Commonwealth imposes and enforces requirements pursuant to the federal Clean Water Act and Regulations, the Virginia Stormwater Management Act and the Regulations. State Water Control Law'., means Chapter 3.1 Q 62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia. State waters) means all waters on the surface and under the ground wholly or partially within or bordering the commonwealth or within its jurisdiction, including wetlands. Stormwater'., means precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff. Stormwater management plan, or plan means a document(s) containing material for describing methods for complying with the requirements of the VSMP or this chapter. Stormwater management revenues', or revenues mean all rates, fees, assessments, rentals, other charges or other income received in connection with the management and operation of the County assets, including amounts received from the investment or deposit of moneys in any fund or account and any amounts contributed by the county, "fees -in -lieu -of' provided by developers or individual residents, and the proceeds from sale of utility bonds. Stormwater management facilities) means the stormwater management assets, infrastructure, and equipment of the county and all improvements thereto for stormwater control in the county. Infrastructure and equipment shall include structural and natural stormwater control facilities of all types, including, without limitation, retention and detention basins, storm drainage pipes, conduits, pumping stations, and other plants, structures, and real and personal property used for support of the county's assets..Facilities do not include privately owned farm ditches and other private or public drainage systems serving industrial, commercial, roadway, homeowners association or other facilities serving privately owned property. Stormwater management utility, stormwater utility,",.' or utility means the enterprise fund created by this article to operate, maintain and improve the county's stormwater management assets. Stormwater pollution prevention plan. or SWPPP means a document that is prepared in accordance with good engineering practices and that identifies Total maximum daily load\ or TMDL means the sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources, natural background loading and a margin of safety. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure. The TMDL process provides for point versus nonpoint source trade-offs. Undeveloped propertyk means any parcel which has not been altered from its natural state to disturb or alter the topography or soils on the property in a manner which substantially reduces the rate of infiltration of stormwater into the earth. Utility fees\ means the user fees based upon the ERU rate applied to property owners of developed residential property and developed nonresidential property, all as more fully described in this article. The minimum utility fee is one ERU multiplied by the ERU rate. Virginia Stormwater Management Acfor Act means Article 2.3 (§ 62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia. Virginia Stormwater BMP Clearinghouse website\ means a website that contains detailed design standards and specifications for control measures that may be used in Virginia to comply with the requirements of the Virginia Stormwater Management Act and associated regulations. Virginia Stormwater Management Program\ or VSMP means a program approved by the state board after September 13, 2011, that has been established by a Iocality to manage the quality and quantity of runoff resulting from land -disturbing activities and shall include such items as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement, where authorized in this article, and evaluation consistent with the requirements of this article and associated regulations. Virginia Stormwater Management Program Authority's, or VSMP authority means an authority approved by the state board after September 13, 2011, to operate a Virginia Stormwater Management Program. VSMP authority permit means an approval to conduct a land -disturbing activity issued by the administrator for the initiation of a land -disturbing activity, in accordance with this chapter, and which may only be issued after evidence of general permit coverage has been provided by the department. (5-1-14.) Article III. - Stormwater Management Program Permit Procedures and Requirements. Sec. 14A-9. - Permit required. (a) No person may engage in any land -disturbing activity until a VSMP authority permit, has been issued in accordance with the provisions of this chapter, unless otherwise exempt per section 14A-4 of this chapter or exempt per section 6.3 of the Isle of Wight County Erosion and Sedimentation Control Ordinance (chapter 6). (b) Should a land -disturbing activity associated with an approved plan in (c) A Chesapeake Bay Preservation Act Land-Disturbing Activity shall be subject to an erosion and sediment control plan consistent with the requirements of the erosion and sedimentation control ordinance (chapter 6), a stormwater management plan as outlined under section 14A-13, the technical criteria and administrative requirements for land-disturbing activities outlined in article V, and the requirements for long-term maintenance of control measures outlined under article VII. Any exception for a Chesapeake Bay Preservation Act Land- Disturbing Activity shall be requested in accordance with section 14A-18 of this ordinance. (5-1-14.) Sec. 14A-10. - Permit application requirements and procedures. (a) Unless specifically excluded by this chapter, any landowner or operator desiring a VSMP authority permit for a land-disturbing activity shall submit to the Isle of Wight County Stormwater Division a permit application on a form provided by the Isle of Wight County Stormwater Division. A person shall not conduct any land-disturbing activity until he has submitted a permit application to the VSMP authority that includes a state VSMP permit registration statement, if such statement is required. (b) A VSMP authority permit shall be issued by the administrator or an authorized designee, when the following items have been submitted to and approved by the administrator as prescribed herein: 1. The VSMP authority permit application shall include evidence of state VSMP permit coverage, if such is required; 2. A stormwater pollution prevention plan (SWPPP) in accordance with 9VAC25-870-54 and 9VAC25- 880--70: i. An approved erosion and sediment control plan in accordance with the Isle of Wight County Code of Ordinances, chapter 6: Erosion and sedimentation control; and ii. An approved stormwater management plan or an executed agreement in lieu of a stormwater plan in accordance with section 14A-13 of this chapter; and iii. An approved pollution prevention plan in accordance with section 14A-14 of this chapter; and iv. Description of any additional control measures necessary to address a TMDL. 3. Stormwater management maintenance plan. The design and planning of all stormwater management facilities shall include detailed maintenance procedures to ensure their continued function. This plan should be prepared in accordance with section 14A-16 of this chapter. 4. Maintenance agreement. The owner must execute a maintenance easement and a maintenance agreement binding on all subsequent owners of land served by an on-site stormwater management facility in accordance with the specifications in section 14A-16 of this chapter prior to issuance of any permits for land-disturbing activities. 5. Other environmental permits. The applicant shall assure that all other nr.r�nnl-.�n ]nn-I nhnh_ ­4 N­+n J'­_ Iftao- P^n 8. For detached single-family homes within or outside of a common plan of development or sale a state VSMP permit registration statement is not required; however, such projects must adhere to the requirements of the general permit. (c) Applications for VSMP authority permits shall be filed with the Isle of Wight County Stormwater Division by appointment during regular business hours. (d) After state permit and VSMP authority permit coverage has been issued, the following conditions apply: 1. The applicant shall comply with all applicable requirements of the approved plan and this chapter and shall certify that all Iand clearing, construction, land development and drainage will be done according to the approved plan; 2. The land development project shall be conducted only within the area specified in the approved plan; 3. The Isle of Wight County Stormwater Division shall be allowed, after giving reasonable notice to the owner, occupier or operator of the land development project to conduct periodic inspections of the project; 4. The person responsible for implementing the approved plan shall conduct monitoring and submit reports as the Isle of Wight County Stormwater Division may require to ensure compliance with the approved plan and to determine whether the plan provides effective stormwater management; 5. No changes may be made to an approved plan without review and written approval by the Isle of Wight County Stormwater Division; and 6. A certified inspection of all aspects of the stormwater management facility, including surface as -built surveys, and geotechnical inspections during subsurface or backfilling and compaction activities shall be required. (e) No zoning, building or other local permit shall be issued prior to a state permit being issued, if such is required. (5-1-14.) Sec. 14A-11. - Permit fees. (a) Pursuant to Code of Virginia, § 62.1-44.15:28 and 9VAC25-870-820, applicants shall submit to the Isle of Wight County Stormwater Division, a nonrefundable fifty percent of the total fee due with the submittal of the stormwater management plan with the remainder due prior to issuance of the state permit and/or the VSMP authority permit. (b) Pursuant to 9VAC25-870-825, Applicants shall submit to the Isle of Wight County Stormwater Division fees associated with the modification or transfer of the construction general permit. (c) Pursuant to 9VAC25-870-830, applicants shall submit to the Isle of Wight County Stormwater Division yearly maintenance fees associated the construction general permit. (d) Pursuant to 9VAC25-870-770, incomplete payments shall be deemed as non -payments, interest may be charged on late payments, and a ten percent late payment fee shall be applied to delinquent accounts. (e) See the Isle of Wight County Uniform Fee Schedule for complete listing of fees that may apply. (5-1-14.) (c) The SWPPP must be maintained by the operator at a central location onsite. If an onsite location is unavailable, notice of the SWPPP's location must be posted near the main entrance at the construction site. Operators shall make the SWPPP available for public review in accordance with Section II of the general permit, either electronically or in hard copy. (5-1-14.) Sec. 14A-13. - Stormwater management plan contents. (a) No zoning, building, Iand disturbing, or VSMP authority permit shall be issued prior to a final stormwater management plan being approved, or a waiver thereof, by the Isle of Wight County Stormwater Division after determining that the plan or waiver is consistent with the requirements of this chapter. (b) Pursuant to 9VAC25-870-55.A, the stormwater management plan shall be developed in accordance with the following: 1. A stormwater management plan for a land -disturbing activity shall apply the stormwater management technical criteria set forth in this chapter to the entire land -disturbing activity. Individual lots in new residential, commercial, or industrial developments shall not be considered separate land -disturbing activities. 2. A stormwater management plan shall consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff. (c) All stormwater management plans shall be appropriately sealed and signed by a professional in adherence to all minimum standards and requirements pertaining to the practice of that profession in accordance with Chapter 4 (§ 54.1- 400 et seq.) of Title 54.1 of the Code of Virginia and attendant regulations certifying that the plan meets all submittal requirements outlined in this chapter and is consistent with good engineering practice. (d) Stormwater management plan contents shall include all of the information required in the plan checklist. This includes, but is not limited to, the following: 1. Contact information. The name, address, and telephone number of all persons having a legal interest in the property and the tax reference number and parcel number of the property or properties affected. Contact information for Isle of Wight County Stormwater Division should also be provided. 2. Topographic base map. A one inch = two hundred feet topographic base map of the site that extends a minimum of two hundred feet beyond the limits of the proposed development or the extents of the property, whichever is greater. The map must indicate contour lines, existing surface water drainage including streams, ponds, culverts, ditches, floodplains, other water bodies and wetlands; current land use including all existing structures; locations of utilities, roads, and easements; and significant natural and manmade features not otherwise shown. 3. The proposed features map must also include the Iimits of clearing and grading, and the proposed drainage patterns on the site, proposed buildings, roads, parking areas, utilities, and stormwater management facilities, and proposed land use with tabulation of the percentage of surface area to be adapted to various uses, including but not limited to planned locations of utilities, roads, and easements. 4. Soils information. Geotechnical properties for the hydrologic and structural rrrrorkinn ^V on it n niknll " in n yr ;In Tl,a n»hmi*tart rar.r,rF nnrl nn and other native vegetative areas on the site. Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development. 6. Stormwater management facility location. Proposed stormwater management facilities must be located in conformance to the following siting criteria: A stormwater management facility must be a minimum of twenty feet from the public right-of-way, property lines, easements, or any building. The setback for the stormwater management facility is measured as the distance from the highest continuous contour elevation inside the stormwater management facility to the ultimate right-of-way line or the nearest portion of any building. 7. Stormwater management facility landscaping plan. The applicant must present a detailed landscaping plan describing the woody and herbaceous vegetative stabilization and management techniques to be used within and adjacent to the stormwater practice. The landscaping plan must also describe who will be responsible for the maintenance of vegetation at the site and what practices will be employed to ensure that adequate vegetative cover is preserved. This plan must be prepared by a qualified individual familiar with the selection of emergent and upland vegetation appropriate for the selected BMP and approved by the program administrator. 8. Maintenance easements. The applicant must ensure unimpeded access to all stormwater treatment practices at the site for the purpose of inspection and repair by securing all the necessary maintenance easements needed on a permanent basis in accordance with section 14A-15 of this chapter and the Isle of Wight County Stormwater Program Policies and Procedures. 9. BMP data sheet for each stormwater management facilities, including: i. The type of facilities; ii. Location, including geographic coordinates; iii. Contributing drainage area; iv. The surface waters into which the facility will discharge; V. The amount of impervious and pervious areas within the contributing drainage area of the stormwater management facility; and vi. The number of pounds of phosphorus, nitrogen, and sediment to be removed by the stormwater management facility. 10. Calculations. Hydrologic and hydraulic design calculations for the pre - development and post -development conditions for the design storms as specified in the technical criteria. Such calculations shall include, but not limited to: i. Description of the design storm frequency, intensity and duration; ii. Time of concentration; iii. Soil curve numbers or runoff coefficients; iv. Sufficient data to indicate the post developed peak runoff rates and total runoff volumes for each watershed area do not exceed the pre -developed runoff rates and volumes; V. Infiltration rates, where applicable; (e) If an operator intends to meet the requirements established in 9VAC25-870- 63 or 9VAC25-870-66 through the use of off-site compliance options, where applicable, then a letter of availability from the off-site provider must be included with the submittal documents. (5-1-14.) Sec. 14A -I4. - Pollution prevention plan contents. (a) Pollution prevention plan, required by 9VAC25-870-56, shall be developed, implemented, and updated as necessary and must detail the design, installation, implementation, and maintenance of effective pollution prevention measures to minimize the discharge of pollutants. At a minimum, such measures must be designed, installed, implemented, and maintained to: I. Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters. Wash waters must be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge; 2. Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials present on the site to precipitation and to stormwater; and 3. Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures. (b) The pollution prevention plan shall include effective best management practices to prohibit the following discharges: I. Wastewater from washout of concrete, unless managed by an appropriate control; 2. Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials; 3. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and 4. Soaps or solvents used in vehicle and equipment washing. (c) Discharges from dewatering activities, including discharges from dewatering of trenches and excavations. are prohibited unless managed by appropriate controls. (5-1-14.) Sec. 14A-15. - Review of stormwater management plan. (a) The administrator, or any duly authorized agent, shall review stormwater management plans and shall approve or disapprove a stormwater management plan according to the following: 1. The administrator shall determine the completeness of a plan in accordance with section 14A-12 of this chapter, and shall notify the applicant, in writing of such determination, within fifteen calendar days of receipt. If the plan is deemed to be incomplete, the above written notification shall contain the reasons the plan is deemed incomplete. 2. The administrator shall have an additional thirty calendar days from the date of the communication of completeness to review the plan, except that if a approving the plan shall be provided in writing. Approval or denial shall be based on the plan's compliance with the requirements of this chapter. 5. If a plan meeting all requirements of this chapter is submitted and no action is taken within the time provided above in subdivision (2) for review, the plan shall be deemed approved. (b) Approved stormwater plans may be modified as follows: I . Modifications to an approved stormwater management plan shall be allowed only after review and written approval by the administrator or an authorized designee. The administrator shall have sixty calendar days to respond in writing either approving or disapproving such modified plan. 2. The administrator may require that an approved stormwater management plan be amended, within a time prescribed by the administrator, to address any deficiencies noted during inspection. (c) A construction record drawing for permanent stormwater management facilities shall be submitted to the program administrator. The construction record drawing shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia, certifying that the stormwater management facilities have been constructed in accordance with the approved plan. (5-1-14.) Sec. 14A-16. - Stormwater management facility maintenance agreements. (a) For any plan that has a stormwater management facility, the owner of the site shall execute a maintenance agreement to include declaration of covenants, maintenance plan, and easement(s) that shall be binding on all subsequent owners of land served by the stormwater management facility prior to county permit issuance. (b) The maintenance agreement shall provide for access, in accordance with the Isle of Wight County Stormwater Program Policies and Procedures, to the stormwater management facility at reasonable times for periodic inspection by the Isle of Wight County Stormwater Division, agent or assigns, and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The maintenance agreement shall be recorded by the applicant in the land records of the circuit court clerk's office of Isle of Wight County and the applicant shall be responsible for providing the Isle of Wight County Stormwater Division with a copy of such recorded agreement. (c) Maintenance agreements shall include: I. Maintenance easement(s): i. The applicant must ensure unimpeded access to all stormwater treatment practices at the site for the purpose of inspection and repair by securing all the necessary maintenance easements needed on a permanent basis. These easements shall be of sufficient size to allow access for equipment and acceptable to the program administrator and will be recorded with the maintenance plan and maintenance agreement and will remain in effect even with transfer of title to the property. No maintenance easement will be dedicated to the county without the .._........,...,.a .....:" .... ..............I , r4.L. ,... _ 1... ,.".........., --A +i. .. w..,... a......-:..4.. 4-- ii. Maintenance checklist. iii. Estimate of maintenance costs. 3. Declaration of covenants: L Maintenance of all stormwater management facilities shall be verified through the creation of a formal maintenance covenant that must be approved by the Isle of Wight County Stormwater Division and recorded into the land records of Isle of Wight County prior to final plan approval. The covenant shall identify by name or official title the person(s) responsible for carrying out the maintenance. Responsibility for the operation and maintenance of stormwater management facilities, unless assumed by a governmental agency, shall remain with the property owner and shall pass to any successor or owner. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each property owner, governmental agency, or other legally established entity to be permanently responsible for maintenance. As part of the covenant, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the stormwater management facility. The covenant shall also include plans for annual inspections to ensure proper performance of the facility between scheduled maintenance and should also include "failure to maintain" provisions. ii. When any new stormwater management facility is installed on private property, or when any new connection is made between private property and a public drainage control system or asset, the property owner shall grant, after given notice and the opportunity to accompany the inspection, to the Isle of Wight County Stormwater Division, and assigns, the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This provision includes the right to enter a property when it has a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter. (d) In the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the Isle of Wight County Stormwater Division reserves the authority to perform the work and to recover the costs from the owner. (e) The Isle of Wight County Stormwater Division, in lieu of a maintenance covenant, may accept dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of this section and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. (5-1-14.) Sec. 14A-17. Performance and surety bonds. (a) The Isle of Wight County Stormwater Division shall require the submittal of a performance security or bond with surety, cash escrow, letter of credit or such other acceptable legal arrangement prior to issuance of any county permit in order to ensure that the stormwater practices are installed by the permit holder as 3. If the Isle of Wight County Stormwater Division takes such action upon such failure by the applicant, the Isle of Wight County Stormwater Division may collect from the applicant for the difference should the amount of the reasonable cost of such action exceed the amount of the security held. 4. Within sixty days of the completion of the requirements of the approved stormwater management plan in the form of certified, as -built report and survey, such bond, cash escrow, letter of credit or other legal arrangement, except for the Iandscaping survivability, shall be refunded to the applicant or terminated. 5. The landscaping portion of the stormwater management plan shall be inspected one year after installation with replacement in accordance with the final plans and specifications prior to final release. 6. These requirements are in addition to all other provisions of the Isle of Wight County Code of Ordinances relating to the issuance of such plans and are not intended to otherwise affect the requirements for such plans. (5-1-14.) Article IV. - Exceptions to Stormwater Management Requirements. Sec. 14A-18. - Exceptions for providing stormwater management. (a) The VSMP authority may grant exceptions to the provisions of Part II B or Part II C of the VSMP regulations. An exception may be granted provided that: 1. The exception is the minimum necessary to afford relief, 2. Reasonable and appropriate conditions shall be imposed as necessary upon any exception granted so that the intent of the Act and this chapter are preserved, 3. Granting the exception will not confer any special privileges that are denied in other similar circumstances, and 4. Exception requests are not based upon conditions or circumstances that are self-imposed or self-created. (b) Economic hardship alone is not sufficient reason to grant an exception from the requirements of this chapter. (c) Under no circumstance shall the VSMP authority grant an exception to the requirement that the land -disturbing activity obtain required state permits, nor approve the use of a BMP not found on the Virginia Stormwater BMP Clearinghouse website, except where allowed under Part 11 C (9VAC25-870-93 et seq.) of the VSMP regulations. (d) Exceptions to requirements for phosphorus reductions shall not be allowed unless offsite options available through 9VAC25-870-69 have been considered and found not available. (e) A record of all exceptions granted shall be maintained by the VSMP authority in accordance with 9VAC25-870-126. (5-1-14.) Article V. - Stormwater Management Criteria. Sec. 14A-19. - Generally. (a) To protect the quality and quantity of state water from the potential harm of All: -I,+ stormwater runoff resulting from land -/disturbing activities, Isle of {ll.RI,+ ! '�.�r. ��. �.'fw�".��• -A--+- 4� +--1--] �t..iAt - YAt� __Y ]f +AM 1--A IYY +fi 1,;__ pursuant to this chapter, except as expressly set forth in subsection (b) of this section. (b) Any Iand-disturbing activity shall be considered grandfathered by the VSMP authority and shall be subject to the Part II C technical criteria (9VAC25- 870-93 thru 9VAC25-870-99) of the VSMP regulations provided: 1. A proffered or conditional zoning plan, zoning with a plan of development, preliminary or final subdivision plat, preliminary or final site plan, or any document determined by the locality to be equivalent thereto (i) was approved by the locality prior to July 1, 2012, (ii) provided a layout as defined in 9VAC25-870- 10, (iii) will comply with the Part II C technical criteria of the VSMP regulations, and (iv) has not been subsequently modified or amended in a manner resulting in an increase in the amount of phosphorus leaving each point of discharge, and such that there is no increase in the volume or rate of runoff; 2. A state permit has not been issued prior to July 1, 2014; and 3. Land disturbance did not commence prior to July 1, 2014. (c) Locality, state and federal projects shall be considered grandfathered by the VSMP authority and shall be subject to the Part II C technical criteria of the VSMP regulation provided: 1. There has been an obligation of locality, state or federal funding, in whole or in part, prior to July 1, 2012, or the department has approved a stormwater management plan prior to July 1, 2012; 2. A state permit has not been issued prior to July 1, 2014; and 3. Land disturbance did not commence prior to July 1, 2014. (d) Land-disturbing activities grandfathered under subsections A and B of this section shall remain subject to the Part II C technical criteria of the VSMP regulations for one additional state permit cycle. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the board. (e) In cases where governmental bonding or public debt financing has been issued for a project prior to July 1. 2012, such project shall be subject to the technical criteria of Part II C. (f) Nothing in this section shall preclude an operator from constructing to a more stringent standard at his discretion. (g) The following technical criteria shall be applied on all applicable land development and land conversion activities: 1. Determination of flooding and channel erosion impacts to receiving streams due to land development projects shall be measured at each point of discharge from the development project and such determination shall include any runoff from the balance of the watershed which also contributes to that point of discharge. 2. The specified design storms shall be defined as either a twenty-four-hour storm using the rainfall distribution recommended by the U.S. Soil Conservation Service when using U.S. Soil Conservation Service methods or as the storm of orifi 1 +Un+ +Uo mvan+an+ r+nrnnXM 11n111tna '3+ +ba vt+o approval of all necessary permits, such as U.S. Army Corps of Engineers and VA. DEQ Wetland Permits, VA. DEQ VSMP Construction General Permit, etc., shall be presented. 5. Impounding structures that are not covered by the impounding structure regulations (4 VAC 50-20-10 et seq.) shall be engineered for structural integrity during the one hundred-year storm event. 6. Pre-development and post-development runoff rates shall be verified by calculations that are consistent with good engineering practices. 7. Outflows from a stormwater management facility shall be discharged to an adequate channel, and velocity dissipaters shall be placed at the outfall of all stormwater management facilities and along the length of any outfall channel as necessary to provide a non-erosive velocity of flow from the basin to a channel. S. Proposed residential, commercial, or industrial subdivisions shall apply these stormwater management criteria to the land development as a whole. Individual lots in new subdivisions shall not be considered separate land development projects, but rather the entire subdivision shall be considered a single land development project. Hydrologic parameters shall reflect the ultimate land development and shall be used in all engineering calculations. 9. Construction of stormwater management impoundment structures within a Federal Emergency Management Agency (FEMA) designated one hundred-year floodplain shall be avoided to the extent possible. When this is unavoidable, all stormwater management facility construction shall be in compliance with all applicable regulations under the National Flood Insurance Program, 44 CFR Part 59. 10. Natural channel characteristics shall be preserved to the maximum extent practicable. 11. Land development projects shall comply with the Virginia Erosion and Sediment Control Law and attendant regulations, as well as this chapter. 12. Nonstructural stormwater practices designed to reduce the volume of stormwater runoff are encouraged to reduce the amount of stormwater runoff that must be managed. This will help to minimize the reliance on structural practices which require ongoing maintenance in order to be effective. 13. Improvements to existing stormwater facilities to include storm sewers, open channels and ditches will be necessary if they are determined to cause flooding and or erosion under pre-developed conditions. (5-1-14.) Sec. 14A-20. - Structural stormwater management practices. (a) Minimum control requirements. I. All stormwater management facilities shall be designed in accordance with the current Virginia Stormwater Management Handbook and incorporated references, unless the Isle of Wight County Stormwater Division grants the applicant a waiver or the applicant is exempt from such requirements. 2. If hydrologic or topographic conditions warrant greater control than that provided by the minimum control requirements, the Isle of Wight County j.L— ... rl a a, ,,,,,,,,,,,, ,,,.., --A —11 .,AA,44.,.,.,1 ii. Maximum drainage area. iii. Depth to seasonal high water table. iv. Soils. V. Slopes. vi. Terrain. vii. Hydraulic head. viii. Location in relation to environmentally sensitive features or ultra -urban areas. Applicants shall consult the Virginia Stormwater Management Handbook for guidance on the factors that determine site design feasibility when selecting a stormwater management facility. (c) Conveyance issues. ..... All stormwater management facilities shall be designed to convey stormwater to allow for the maximum removal of pollutants and reduction in flow velocities. This shall include, but not be limited to, maximizing of flowpaths from inflow points to outflow points; the protection of inlet and outfall structures; the elimination of erosive flow velocities; and providing of underdrain systems, where applicable. The Virginia Stormwater Management Handbook provides detailed guidance on the requirements for conveyance for each of the approved stormwater management practices. (d) Pretreatment requirements...... All stormwater management facilities shall have an acceptable form of water quality pretreatment, in accordance with the pretreatment requirements found in the current Virginia Stormwater Management Handbook. Stormwater infiltration practices, or practices having an infiltration component, as specified in the Virginia Stormwater Management Handbook, are prohibited, even with pretreatment, in the following circumstances: 1. Where stormwater is generated from highly contaminated source areas known as "hotspots"; 2. Where stormwater is carried in a conveyance system that also carries contaminated, nonstormwater discharges; 3. Where stormwater is being managed in a designated groundwater recharge area; and 4. Under certain geologic conditions (e.g., karst) that prohibit the proper pretreatment of stormwater. (e) Treatment/geometry conditions. ..... All stormwater management facilities shall be designed to capture and treat stormwater runoff according to the specifications outlined in the Virginia Stormwater Management Handbook. These specifications will designate the water quality treatment and water quantity criteria that apply to an approved stormwater management practice. (5-1-14.) Sec. 14A-21. -Water quality. (a) The following criteria shall be addressed for stormwater management at all sites: 1. All stormwater runoff generated from land development and land use conversion activities shall not discharge untreated stormwater runoff directly into minimum, annual recharge from the post development site shall mimic the annual recharge from pre -development site conditions. 3. Land development projects shall comply with the water quality criteria in accordance with 9VAC25-870-63. 4. Stormwater discharges to critical areas with sensitive resources (i.e., cold water fisheries, shellfish beds, swimming beaches, recharge areas, water supply reservoirs) may be subject to additional criteria, or may need to utilize or restrict certain stormwater management practices at the discretion of the Isle of Wight County Stormwater Division. 5. Industrial sites which are listed under the standard industrial code are required to prepare and implement a stormwater pollution prevention plan, and shall file a notice of intent (NOI) under the provisions of the national pollutant discharge elimination system (NPDES) general permit. 6. Stormwater discharges from land uses or activities with higher potential pollutant loadings, known as "hotspots", may require the use of specific structural BMPs and pollution prevention practices. 7. Prior to design, applicants are required to consult with the Isle of Wight County Stormwater Division to determine if they are subject to additional stormwater design requirements. (5-1-14.) Sec. 14A-22. - Stream channel erosion. (a) To protect stream channels from degradation, specific channel protection criteria shall be provided as prescribed in the Virginia Stormwater Management Handbook, the BMP Clearinghouse, and the Virginia Erosion and Sediment Control Handbook. (b) Properties and receiving waterways downstream of any land development project shall be protected from erosion and damage due to excessive volume, velocity and frequency of peak flow rate of stormwater runoff in accordance with the minimum design standards set out in this chapter. (c) The Isle of Wight County Stormwater Division shall require compliance with subdivision 19 of 9VAC25-84040 of the erosion and sediment control regulations, promulgated pursuant to Article 2.4 (§ 62.1-44.15:51 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia. (d) The Isle of Wight County Stormwater Division may determine that some watersheds or receiving stream systems require enhanced criteria in order to address the increased frequency of bankfull flow conditions brought on by land development projects. Therefore, in lieu of the reduction of the post -developed peak rate of runoff as required in subsection (b) of this section, the land development project being considered shall provide twenty -four-hour extended detention of the runoff generated by the one-year, twenty -four-hour duration storm. (5-1-14.) Sec. 14A-23. - Flooding. (a) The calculations for determining peak flows as found in the latest edition of the Virginia Stormwater Management Handbook shall be used for sizing all (d) Underground utility linear development projects shall not be required to control post -developed stormwater runoff for flooding, except in accordance with a watershed or regional stormwater management plan. (5-1-14.) Sec. 14A-24. - Regional stormwater management plans. (a) Applicants are directed to communicate with Isle of Wight County Stormwater Division prior to submitting an application for a stormwater management plan approval in accordance with article III of this chapter to determine if a regional stormwater management plan has been developed for the applicable watershed. If such a plan is in existence, the applicant must provide stormwater management water quality treatment on-site in accordance with the provisions of the regional plan, and other management provisions as specified by the Isle of Wight County Stormwater Division. (b) Regional stormwater management plans (common plans of development) for residential, commercial or industrial subdivisions which are approved and which govern the development of individual parcels within that plan, shall remain approved throughout the development life even if ownership changes. (5-1-14.) Article VI. - Construction Inspection. Sec. 14A-25. - Generally. (a) The administrator or any duly authorized agent shall inspect the land - disturbing activity during construction for: 1. Compliance with the approved erosion and sediment control plan; 2. Compliance with the approved stormwater management plan; 3. Development, updating, and implementation of a pollution prevention plan; and 4. Development and implementation of any additional control measures necessary to address a TMDL. (b) The administrator or any duly authorized agent may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys, inspections or investigations necessary in the enforcement of the provisions of this chapter. Stormwater management construction inspections shall utilize the final approved plans and specifications for compliance. In addition, the inspections shall comply with latest version of the erosion and sediment control regulations, promulgated pursuant to Article 2.4 (§ 62.1-44.15:58) of Chapter 3.1 of Title 62.1 of the Code of Virginia. (5-I-14.) Sec. 14A-26. - Notice of construction commencement. (a) The applicant must notify the Isle of Wight County Stormwater Division in advance before the commencement of construction. In addition, the applicant must notify the Isle of Wight County Stormwater Division in advance of construction of critical components of the storm water management facility. Periodic inspections of the stormwater management facility construction shall be conducted by the staff of the Isle of Wight County Stormwater Division or their designee. All inspections ,Iknll U_ A --,,---+—e4 --.l _ror "n A +lin+ nen+nin +lea i..11 ri rrT work shall proceed until any violations are corrected and all work previously completed has received approval by the Isle of Wight County Stormwater Division. In addition, the person responsible for carrying out the plan may be required to provide copies of self -inspection monitoring and reports to ensure compliance with the approved plan and to determine whether the measures required in the plan provide effective stormwater management. (c) If the Isle of Wight County Stormwater Division determines that there is a failure to comply with the plan, notice shall be served upon the permittee or person responsible for carrying out the plan in accordance with article VIII of this chapter. (5-1-14.) Sec. 14A-27. - Record drawings/as-built plans and certified inspection of stormwater management facilities. All applicants are required to submit either record drawings or actual "as -built" plans for all permanent stormwater management facility after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer. A final inspection by the Isle of Wight County Stormwater Division is required before the release of any performance securities can occur. A certified inspection of all aspects of the BMP construction is required, including surface as -built surveys, and geotechnical inspections during subsurface or backfilling, riser and principal spillway installation, bioretention soil placement and compaction activities. (5-1- 14.) Article VII. - Maintenance, Inspection, and Repair of Stormwater Facilities. Sec. 14A-28. - Generally. (a) All stormwater management facilities with recorded maintenance agreements under this chapter must undergo inspections to document maintenance and repair needs and ensure compliance with the requirements of this chapter and accomplishment of its purposes. These needs may include; removal of silt, litter and other debris from all catch basins, inlets and drainage pipes, grass cutting and vegetation removal, and necessary replacement of landscape vegetation and any repair or replacement of structural features. (b) Facilities shall be inspected at least once every five years by the Isle of Wight County Stormwater Division. In the event that the stormwater management facility has not been maintained and/or becomes a danger to public safety or public health, the Isle of Wight County Stormwater Division shall notify the person responsible for carrying out the maintenance plan by registered or certified mail to the address specified in the maintenance covenant. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. If the responsible party fails or refuses to meet the requirements of the maintenance covenant, the Isle of Wight County Stormwater Division, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition, and recover the costs from the owner. ini V " inrni111 •.»+U nn Wight County Stormwater Division during inspection of the facility and at other reasonable times upon request. (5-1-14.) Sec. 14A-31. -Permitted discharges. (a) The following activities shall not be considered an illicit discharge and shall not be considered in violation of this chapter: 1. Water line flushing; 2. Landscape irrigation; 3. Diverting stream flows or rising groundwater; 4. Infiltration of uncontaminated groundwater; 5. Public safety activities, including but not limited to, law enforcement and fire suppression; b. Well -point dewatering or pumping of uncontaminated groundwater from potable water sources, foundation drains, irrigation waters, springs, or water from crawl spaces or footing drains; 7. Air conditioning condensation; S. Watering and maintenance with landscaping chemicals in accordance with manufacturer's recommendations; 9. Individual residential car washing; 10. Flows from riparian habitats or wetlands; It. Swimming pool discharges that have been dechlorinated or desalinated and are free of other disinfecting agents; 12. Street washing; 13. Any activity authorized by a valid Virginia Pollutant Discharge Elimination System (VPDES) permit or Virginia Pollution Abatement (VPA) permit; or 14. Any other water source not containing sewage, sediment, industrial wastes or other pollutants. (b) In the event any of the activities listed in subsection (a) above are found to cause sewage, industrial wastes or other pollutants to be discharged into a storm sewer system, the program administrator shall notify the Department for coordination and enforcement by the Department.. (5-1 - 14.) Article VIII. - Enforcement and Penalties. Sec. 14A-32. - Violations. Any development activity that is commenced or is conducted contrary to this chapter or the approved plans and permit, may be subject to the enforcement actions outlined in this section and the Virginia Stormwater Management Act. (5- 1-14.) Sec. 14A-33. - Notice of violation. When the Isle of Wight County Stormwater Division determines that an activity is not being carried out in accordance with the requirements of this chapter, it shall issue a written notice of violation delivered by registered or certified mail to the applicant. The notice of violation shall contain: (a) The name and address of the applicant; fM ThA nrlrlrac•o nr n rlAcr•rintinn of tlia 1Nii;1r1inrr ctriu-ihirrn nr (f) A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within thirty days of service of notice of violation. (5-1-14.) Sec. 14A-34. - Stop work orders. (a) If the administrator determines that there is a failure to comply with the VSMP authority permit conditions or determines there is an unauthorized discharge, notice shall be served upon the permittee or person responsible for carrying out the permit conditions by any of the following: verbal warnings and inspection reports, notices of corrective action, consent special orders, and notices to comply. Written notices shall be served by registered or certified mail, or by delivery at the site of the development activities to the agent or employee supervising such activities. 1. The notice shall specify the measures needed to comply with the permit conditions and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, a stop work order may be issued in accordance with subsection (b) or the permit may be revoked by the administrator. 2. If a permittee fails to comply with a notice issued in accordance with this section within the time specified, the administrator may issue an order requiring the owner, permittee, person responsible for carrying out an approved plan, or the person conducting the land -disturbing activities without an approved plan or required permit to cease all land -disturbing activities until the violation of the permit has ceased, or an approved plan and required permits are obtained, and specified corrective measures have been completed. 3. Such orders shall be issued in accordance with the Isle of Wight County Stormwater Program Policies and Procedures. Such orders shall become effective upon service on the person by certified mail, return receipt requested, sent to his address specified in the land records of the locality, or by personal delivery by an agent of the administrator. However, if the administrator finds that any such violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the commonwealth or otherwise substantially impacting water quality, it may issue, without advance notice or hearing, an emergency order directing such person to cease immediately all land -disturbing activities on the site and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof, to such person, to affirm, modify, amend, or cancel such emergency order. If a person who has been issued an order is not complying with the terms thereof, the administrator may institute a proceeding for an injunction, mandamus, or other appropriate remedy in accordance with subsection [14A - ]35(c). (b) In addition to any other remedy provided by this chapter, if the administrator or his designee determines that there is a failure to comply with the provisions of this chapter, they may initiate such informal and/or formal ...-�w..v..n�.r.4...r. r. r.� ... r.r.-. r...� v...r-.n.. r�.....-.n ..-. n rrnr. r..-... tt,n+ in ---- ;n+__+ -;A, A� TnJ_ (a) Final decisions of the administrator under this chapter shall be subject to review by the county board of supervisors; provided, that an appeal is filed within thirty days from the date of any written decision by the administrator. (b) Final decisions of the board of supervisors under this chapter shall be subject to review by the Circuit Court of Isle of Wight County; provide that an appeal is filed within thirty days from the date of the final written decision of the board of supervisors. (5-1-14.) Sec. 14A-36. - Hearings. (a) Any permit applicant or permittee, or person subject to Ordinance requirements, aggrieved by any action of the VSMP authority taken without a formal hearing, or by inaction of the VSMP authority, may demand in writing a formal hearing by the county board of supervisors causing such grievance, provided a petition requesting such hearing is filed with the administrator within thirty days after notice of such action is given by the administrator. (b) The hearings held under this section shall be conducted by the county board of supervisors at a regular or special meeting of the county board of supervisors, or by at least one member of the board of supervisors designated by the administrator to conduct such hearings on behalf of the county board of supervisors at any other time and place authorized by the administrator. (c) A verbatim record of the proceedings of such hearings shall be taken and filed with the county board of supervisors. Depositions may be taken and read as in actions at law. (d) The county board of supervisors or its designated member, as the case may be, shall have power to issue subpoenas and subpoenas duces tecum, and at the request of any party shall issue such subpoenas. The failure of a witness without legal excuse to appear or to testify or to produce documents shall be acted upon by the local governing body, or its designated member, whose action may include the procurement of an order of enforcement from the circuit court. Witnesses who are subpoenaed shall receive the same fees and reimbursement for mileage as in civil actions. (5-1-14.) Sec. 14A-37. - Civil and criminal penalties. (a) Any person who violates any provision of this chapter, except as set forth in subsection (b) below, shall be guilty of a Class 1 misdemeanor and shall be subject to a fine not exceeding two thousand dollars or up to thirty days imprisonment for each violation or both per day the violation persists. In addition, the Isle of Wight County Stormwater Division may pursue the following actions: 1. The Isle of Wight County Stormwater Division may apply to the circuit court to enjoin a violation or a threatened violation of the provisions of this chapter without the necessity of showing that an adequate remedy at law does not exist. 2. Without limiting the remedies which may be obtained in this section, the Isle of Wight County Stormwater Division may bring a civil action against any person for violation of this chapter or any condition of a permit. The action may ......1- 41.... ..F - .,..,:1 --144, _-r ,-.r,+ --,- 0— f—^ +U^-Vn"r1 rW1nrr (b) Violations of article VIII of this chapter shall result in the following penalties: 1. A willful violation shall constitute a Class 1 misdemeanor. Each day that a violation persists or is permitted to remain shall constitute a separate offense. 2. Any person who, intentionally or otherwise, commits any of the acts prohibited by article VIII of this chapter shall be liable to the county for all costs of monitoring, containment, cleanup, abatement, removal and disposal of any substance unlawfully discharged into storm sewer systems. 3. Any person who, intentionally or otherwise, commits any of the acts prohibited by article VIII of this chapter shall be subject to a civil penalty in an amount not to exceed one thousand dollars for each day that a violation of this chapter continues. The court assessing such penalties may, at its discretion, order such penalties be paid into the treasury of the county for the purpose of abating, preventing, monitoring, or mitigating environmental pollution. 4. The county may bring legal action to enjoin a continuing violation and the existence of any other remedy, at law or in equity, shall be no defense to any such action. 5. The remedies set forth in this subsection (b) shall be cumulative, not exclusive; and it shall not be a defense to any action, civil or criminal, that one or more remedies set forth herein has been sought or granted. 6. Any person who violates any provision of this chapter or who fails, neglects, or refuses to comply with any order of the administrator, shall be subject to a civil penalty not to exceed thirty-two thousand five hundred dollars for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense. a. Violations for which a penalty may be imposed under this subsection shall include, but not be limited to, the following: (i) No state permit registration; (ii) No SWPPP; (iii) Incomplete SWPPP; (iv) SWPPP not available for review; (v) No approved erosion and sediment control plan; (vi) Failure to install stormwater BMPs or erosion and sediment controls; (vii) Stormwater BMPs or erosion and sediment controls improperly installed or maintained; (viii) Operational deficiencies; (ix) Failure to conduct required inspections; (x) Incomplete, improper, or missed inspections; and (xi) b. The administrator may issue a summons for collection of the civil penalty and the action may be prosecuted in the appropriate court. C. In imposing a civil penalty pursuant to this subsection, the court may consider the degree of harm caused by the violation and also the economic benefit +� 1-�a •irjn+nr �rrim n�nn�mr��nnnoa or any order of a court shall be guilty of a misdemeanor punishable by confinement in jail for not more than twelve months or a fine of not less than two thousand five hundred dollars nor more than thirty-two thousand five hundred dollars, or both. (5-1-14.) Sec. 14A-3$. - Restoration of lands. Any violator may be required to restore land to its undisturbed condition or in accordance with a notice of violation, stop work order, or permit requirements. In the event that restoration is not undertaken within a reasonable time after notice, the Isle of Wight County Stormwater Division may take necessary corrective action, the cost of which shall be covered by the performance bond, or become a lien upon the property until paid, or both. (5-1-14.) Sec. 14A-39. - Holds on occupation permits. Occupation permits shall not be granted until corrections to all stormwater practices have been made in accordance with the approved plans, notice of violation, stop work order, or permit requirements, and accepted by the Isle of Wight County Stormwater Division. (5-1--14.) Sec. 14A-40. - Monitoring and reporting. (a) The administrator, or authorized designee, shall have authority to make such lawful inspections and conduct monitoring of stormwater outfalls or other components of storm sewer systems as may be necessary or appropriate in the administration and enforcement of this chapter. (b) The administrator, or authorized designee shall inspect the land-disturbing activity during construction for: 1. Compliance with the approved erosion and sediment control plan; 2. Compliance with the approved stormwater management plan; 3. Development, updating, and implementation of a pollution prevention plan; and 4. Development and implementation of any additional control measures necessary to address a TMDL. (c) The administrator or authorized designee may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys, inspections or investigations necessary in the enforcement of the provisions of this chapter. (d) The administrator may require every VSMP authority permit applicant or permittee, or any such person subject to VSMP authority permit requirements under this chapter, to furnish when requested such application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of this ordinance. (e) The VSMP authority permit applicant or permittee, or any such person subject to VSMP authority permit requirements under this chapter responsible for implementing the plan will maintain records of all inspections and maintenance, to rsr�nry nn.m r��nrno _4+1� +1 ,a n""v^x?snA f9ln" nnrl fA r1PiPrm;nP vubi-fhar tlkp mmncim-c (a) Isle of Wight County (county) owns manmade and natural components of stormwater management infrastructure which both limits and manages the volume of stormwater runoff to control flood events and to prevent degradation of downstream waterways through stormwater quality management of certain Isle of Wight County (county) properties. These facilities are in part regulated by federal and state laws and regulations. (b) Stormwater runoff is associated with all improved properties in the county, whether residential or nonresidential, and the quantity and quality of runoff is correlated to the amount of impervious surface and land-disturbing activities on each parcel. (c) The elements of the stormwater management infrastructure provide benefit to properties within the county through direct protection of property, control of flooding of critical components of the infrastructure, and enhancement of water quality and the county's natural environment. (d) The costs of monitoring, operating, maintaining, and constructing the stormwater management assets required in the county, both to meet stormwater pollution control regulations and to address identified water quality degradation, erosion and flooding needs, should therefore be allocated, to the extent practicable, to all property owners based on their contribution to the stormwater runoff. (5-1-14.) Sec. 14A-43. - Establishment of stormwater management utility. (a) Pursuant to the statutory authority granted to localities in section 15.2-2114 of the Code of Virginia, 1950, as amended, to provide for the general health, welfare and safety of the county and its residents, there is hereby established a stormwater utility, which shall be the operational means of implementing and otherwise carrying out the functional requirements of maintaining the County's stormwater management facilities and to manage the County's VSMP Authority Program. The board of supervisors of Isle of Wight County hereby designates the director of utility services or an authorized designee as the administrator of the stormwater management utility fee. The general purposes of the utility include administration, management, operation and maintenance of the county's stormwater infrastructure; studies and programs; regulation of drainage; and financing of existing and future repairs, replacements, improvements and extensions of the County's stormwater infrastructure. (b) The stormwater management utility shall be administered and operated under the direction of the administrator, who shall organize, direct and manage the utility in accordance with this article and other appropriate legal requirements. (c) The utility shall deposit in a separate ledger account all revenues collected pursuant to this article. The funds deposited shall be used exclusively for the operation, maintenance and capital costs related to the County's stormwater management facilities. Operation, maintenance and capital costs related to the county facilities shall include, but not be limited to, the following: 1. Acquisition, as permitted by section 15.2-1800 of the Code of Virginia /1 ()AZA — r r ronl �r .anrl intaravt tharain nanaccarn, tr► 4. The operation and maintenance of facilities and equipment including the maintenance of dams, levees, floodwalls and pump stations, whether publicly or privately owned, that serve to control stormwater; 5. Monitoring of the quantity and quality of stormwater and associated control devices; 6. Other activities consistent with the state or federal regulations or permits governing stormwater management, including, but not limited to, public education, watershed planning, inspection and enforcement activities, and pollution prevention planning and implementation; and 7. Activities on private properties whereby the overall public benefit exceeds the overall private benefit, as determined by the administrator. (5-1-14.) Sec. 14A-44. - Imposition of utility fees. The Isle of Wight County Board of Supervisors, as provided by this article, shall set appropriate levels of utility fees so that adequate revenues will be generated to provide for a balanced operating and capital improvement budget for operation and maintenance of the county's stormwater management program. Should revenue from utility fees exceed actual costs incurred for providing for the operation and maintenance of the county's stormwater management facilities and program described in this article, funds will carry over to the next fiscal year. Utility fees shall be charged to owners of all developed property in the county. (a) For purposes of determining the utility fee, all properties in the county are classified into one of the following classes: 1. Developed residential property; 2. Developed nonresidential property; or 3. Undeveloped property. (b) The utility fee for developed residential property shall equal the ERU rate. (c) The utility fee for developed nonresidential property shall be the ERU rate multiplied by the numerical factor obtained by dividing the total impervious surface area of a developed nonresidential property by one ERU. The numbered factor will be rounded to the nearest whole number. The minimum utility fee for any developed nonresidential property shall equal the ERU rate. Refer to article II of this chapter for ERU and ERU rate definition and location. (d) The utility fee for vacant developed property, both residential and nonresidential, shall be the same as that for occupied property of the same class. (e) Undeveloped property shall be exempt from the utility fee until such time it is developed. (f) Each developed property situated on a parcel devoted to agricultural use, as defined herein, shall be charged a fee equal to the ERU rate. (g) The charge defined as the ERU rate is established from time to time by action of the Isle of Wight County Board of Supervisors to raise revenues to cover the costs of the stormwater management program. (5-1-14.) Sec. 14A-45. - Billing and payment, interest, liens. (a) Billing for the stormwater utility fee shall be rendered on a semi-annually unpin +. n11 nrnr�ar+ar r%vj,n,-ry and cha11 r,-"raoant the fp,- fnr rho- (b) The stormwater utility fee due the county from property owners for stormwater management shall be based on the ERU rate established in the uniform fee schedule. (c) All properties, except undeveloped property, shall be rendered bills or statements for a stormwater utility fee. Billing for the utility fee shall be rendered in arrears to all chargeable persons and shall represent charges for each day of the preceding billing period with interest added as stated on the bill. In the event charges are not paid when due, interest thereon shall commence on the due date and shall accrue at the rate of ten percent per annum until such time the delinquent charges and accrued interest are paid. (d) The bills or statements shall include a date by which payment shall be due. All statements shall be mailed at least thirty days prior to the payment due date stated thereon. All bills for charges prescribed by this article shall be deemed delinquent if not paid in full to the treasurer's office by the end of the business day it is due, or the next working day in the event the due date is a county recognized holiday or weekend day. (e) Any delinquent bill, including unpaid fees and accrued interest, shall be collected by any means available to the county. Notice to the owner shall be provided in every case when stormwater charges incurred by a tenant or occupant become more than ninety days delinquent. Unpaid fees and interest accrued shall constitute a lien against the property, ranking on a parity with liens for unpaid taxes. Records of all unpaid fees and interest, indexed by the name of the record owner of the real estate, shall be maintained in the county treasurer's office. (f) When previously undeveloped properties are brought into the billing system or in the event of alterations or additions to developed nonresidential property that alter the amount of impervious surface and/or the number of dwelling units, a utility fee will accrue as determined by the administrator: 1. Upon issuance of a certificate of occupancy; or 2. Upon substantial completion of the improvements; or 3. In the event completion of the improvements is not diligently pursued, upon establishment of the impervious area or dwelling unit that affects stormwater runoff. A bill or statement will be issued and said charges will be prorated for the number months for which the parcel is subject to the utility fee. (5-1-14.) Sec. 14A-46. - Adjustment of fees, exemptions. (a) Full waiver of the utility fee shall be provided to properties owned by federal, state, and local government agencies when those agencies own and provide for maintenance of storm drainage and stormwater control facilities, and the agency has the appropriate permits issued by the state, and the agency's stormwater system does not discharge to waters or outlets requiring Isle of Wight County maintenance. (b) Full waiver of the utility fee shall be provided to property owned or operated by the county and other local government agencies. (c) Full waiver of the utility fee shall be provided to properties with a valid AMTNIDO .».a....+«:..i ..4., «.........I r.« —.-...nl r.ra«r ;+ — n AIDT-VCM! i"A;; r;Aiinl tbn+ (f) Agricultural properties shall be exempt from the utility fee; provided however, each developed property situated on a parcel devoted to agricultural use shall be charged a fee equal to the ERU rate. (g) Developed properties with less than four hundred square feet of impervious surface are exempt from the utility fee until such a time the property exceeds four hundred square feet of impervious surface. (h) Any property owner charged a utility fee greater than one ERU who has paid his utility fees and who believes his utility fees to be incorrect may make application in writing to the administrator or his designee for an adjustment to the stormwater management utility fee. All such requests must be submitted prior to the end of the fiscal year for which the request applies. The property owner shall substantiate the claim to the satisfaction of the administrator with plans, engineering calculations and related documents prepared by a licensed professional engineer or land surveyor. The administrator may waive the licensed professional requirement if in his opinion the specific adjustment request does not warrant such a requirement. 1. New construction utility fee adjustment: Applications for new construction shall be made in conjunction with the relevant site plan or development plan submittal or a request for waiver of normal site plan processing requirements. Action on such applications shall be within the response times specified for such submittals and requests. Approved adjustments shall be effective from the date of construction and will be prorated from the first day of the month in which the adjustment is approved. 2. Any owner of a developed parcel or dwelling unit who believes his utility fee to be incorrect may make application for adjustment of the charge to the administrator. Response to such requests shall be made by the director within sixty calendar days of receipt of a complete request. The administrator shall develop an administrative policy regarding the refund or credit of overpaid fees. (i) Any owner charged a utility fee greater than one ERU may appeal the administrator's decision to the county administrator but must do so in writing within fifteen calendar days of the date of the administrator's response. The county administrator shall respond to the appeal within fifteen calendar days and such response shall be final. 0) The administrator may extend such county response times as appropriate to ensure full and complete evaluation of the application. In these cases, the administrator shall notify the applicant of the action by certified mail. (k) Adjustments/credits: The administrator shall prepare a utility adjustment/credit policy that shall become effective upon adoption by the board of supervisors to any developed nonresidential property that installs, operates, and maintains a stormwater management facility that achieves a permanent reduction in stormwater flow or pollutant loadings. The amount of the credit will be based on the percent reduction in stormwater flow or pollutant loadings, or both, from pre-installation to post-installation of the facility. Credits will not be provided to .. .... .......... r...F.. 4-U-4- A--- _^+ _1,++ ; � n n1���-r`����n+nr r�ca ;f -A-^T" +h m I�PF��l t'�'1?1 Pf1i nTy+ Mr. Rudnicki provided background information on the proposed ordinance amendment. Chairman Alphin opened the public hearing and called for those to speak in favor of or in opposition to the proposed amendment. There being none, Chairman Alphin closed the public hearing and called for comments from the Board. Following discussion by the Board, action was deferred to allow staff to develop revisions relative to signs and banners, location of temporary signs in a shopping center, notification procedures using the county permitting system, and possible signage penalties. COUNTY ADMINISTRATOR'S REPORT The following employees were recognized as Spot Award Recipients for the first quarter of FY2017-18: July Boswell/Budget & Finance; Nancy Mayo/Budget & Finance; Donna Profitt/Budget & Finance; Deb Frank/Commissioner of the Revenue; Glenie Jones/Commissioner of the Revenue; Jason Gray: -information Technology; Christy Phillips/Inspections (two recognitions; William Sykes/Public Works; Lori Thacker, Public Works; William Weaver, Jr./Public Works; George Wiggins/Public Works; Regina Crocker/Treasurer; Andrea Delgado/Treasurer; and, Cassie Marquard/Treasurer. Recipients of Customer Service Awards are to be listed on the County's website. Mr. Donald T. Robertson, Assistant County Administrator, provided information relative to the status of projects included in the FY2017-18 Capital Budget. Matters for the Board's information were identified and under the Real Estate Delinquent Tax Collection Report, Supervisor Grice requested a total cash column in addition to a column being broken down by category. UNFINISHED OLD BUSINESS No old business was offered for discussion. The Board recessed and returned to New Business. WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia recommend transferring $1,800 from the General Fund non -departmental line item to the Information Technology Fund; and, WHEREAS, the General Fund will transfer $1,800 to the Information Technology Fund for postage ($100) and office supplies ($1,700). NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that one thousand eight hundred dollars ($1,800) be transferred from the General Fund non -departmental line item to the Information Technology Fund. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. On motion of Supervisor McCarty, all members voting in favor (5-0), the following Resolution was adopted: RESOLUTION TO RE -APPROPRIATE UNSPENT FUNDS FROM FY2017 GENERAL FUND FUND BALANCE TO THE FY2018 GENERAL FUND WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia recommend appropriations of some of the FY2017 General Fund fund balance to FY 2018 General Fund budget; and, WHEREAS, at June 30, 2017, a total of $50,000 (Public Works -$15,000, Finance - $35,000) was set aside in the FY2017 General Fund assigned fund balance and the $50,000 needs to be appropriated in the FY2018 General Fund budget for designated purposes; and, WHEREAS, at June 30, 2017, a total of $25,268 in Public, Educational, and Governmental (PEG) Access Channel fees remained unspent; and, WHEREAS, the Department of Information Technology requests the unspent PEG Access Channel fees be appropriated in the FY2018 General Fund budget for the capital costs associated with PEG access facilities. WHEREAS, at June 30, 2017, Radiological Emergency Preparedness funds totaling $14,085 remained unspent; and, 11nJUD D A Q +h- --r MPniignrfv the 11"C' im"t BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. On motion of Supervisor McCarty, all members voting in favor (5-0), the following Resolution was adopted: RESOLUTION TO APPROPRIATE ADDITIONAL FUNDING FOR THE CONSTRUCTION OF THE NIKE PARK TRAIL PROJECT WHEREAS, the County has entered into an agreement with the Virginia Department of Transportation (VDOT) and received an additional allocation of $833,536 for the Nike Park Trail project; and, WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia recommend a budgetary increase in capital project expenditures for the Nike Park Trail project. and, WHEREAS, current construction estimates on the Nike Park Trail project are six million eight hundred eighteen thousand six hundred eighty-nine dollars ($6,818,689) and additional funding in the amount of two million seventy thousand eight hundred twenty-seven dollars ($2,070,827) is needed to complete the project. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that one million one hundred twenty-nine thousand three hundred sixty-five dollars ($1,129,365) be appropriated to the Capital Projects Fund for the Nike Park Trail project from the following sources: $833,536 in State and Federal grant reimbursements; $295,829 in local funds from savings resulting from the Series 2017B General Obligation Public Improvement Refunding Bonds; BE IT FURTHER RESOLVED that four hundred fifty thousand dollars ($450,000) in local funds from the Broadwater Reconstruction project be reallocated to the Nike Park Trail project. BE IT FURTHER RESOLVED that four hundred ninety-one thousand four hundred sixty-two ($491,462) in local funds will be funded in the FY2018-19 Capital Project Budget for the Nike Park Trail project. DD TT UTTD'rL_T1CD DT7QnT AMM +1,-+ +4,0 0_-_+- A�f Tela nf' AV;cv1t+ authorized to the Town of Smithfield for the ballpark with the remainder of the payments to the Town to remain on schedule, was authorized by a vote of (4-1) with Supervisor Grice voting in opposition to the motion. On the subject of the Windsor Community Center, on motion of Supervisor Acree, with all members voting in favor (5-0), authorization was given to extend the $25,000 payments for an additional two years to assist the Town of Windsor with the Community Center and County Attorney Popovich was directed to prepare an appropriate agreement outlining the County's usage of the facility and any associated rates. Responsive to Supervisor McCarty's request, animals for adoption at the County's Animal Shelter are to be displayed at future Board meetings at 5:00 p.m. Responsive to Supervisor McCarty, County Attorney Popovich briefed the Board regarding a past violation involving an RV which was being utilized on private property and physically connected to public utilities. Relative to a request presented by Supervisor Acree regarding the connection to County water by the Isle of Wight Ruritan Club due to a failing existing well, on motion of Supervisor Acree, with all members voting in favor (5-0), County Attorney Popovich was directed to prepare a MOU for the Board's consideration at its December 14, 2017 meeting (staff to provide material at no cost; and, hookup fee to be waived) in exchange for the continued use of the building by the County as a polling place. ADJOURNMENT At 9:45 p.m., Chairman Alphin declared the meeting adjourned. Sko:27- CareAllills S6fm, Clerk /U'a *Oj�p Rudolph Jefferson, Chairman