08-08-2019 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 LOCATED AT 17090 MONUMENT CIRCLE, ISLE OF WIGHT,
VIRGINIA ON THURSDAY, THE EIGHTH DAY OF AUGUST IN THE YEAR TWO
THOUSAND AND NINETEEN
PRESENT:
William M. McCarty, Newport District, Chairman
Joel C. Acree, Windsor District, Vice -Chairman
Don G. Rosie, II, Carrsville District
Richard L. Grice, Smithfield District
Rudolph Jefferson, Hardy District
ALSO IN ATTENDANCE:
Robert W. Jones, Jr., County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Carey M. Storm, Clerk
CALL TO ORDER
Chairman McCarty called the regular Board of Supervisors' meeting to order at
5:00 p.m. and welcomed all present.
APPROVAL OF AGENDA/AMENDMENTS
Supervisor Jefferson moved that the agenda be approved as presented. The
motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
CLOSED MEETING
The following matters were identified for discussion in closed meeting by County
Attorney Jones: A discussion regarding the appointment of specific appointees to
County boards, committee or authorities pursuant to subsection 1; a discussion
regarding the leasing of publicly held property, where discussion in an open
meeting would adversely affect the bargaining position or negotiating strategy of
the Board, pursuant to subsection 3; consultation with legal counsel employed or
retained by the Board regarding specific legal issues pertaining to Virginia Code
Section 40.1-29 as it pertains to the method of payment of County employees;
pursuant to subsection 8; and, consultation with legal counsel employed or
retained by the Board regarding specific legal issues pertaining to opioid litigation;
pursuant to subsection 8.
Upon motion of Supervisor Acree and all voting in favor, the Board entered the
closed meeting for the reasons stated by County Attorney Jones.
Upon motion of Supervisor Jefferson and all voting in favor, the Board
reconvened into open meeting.
County Attorney Jones 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
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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 Rosie, 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, Rosie, Grice, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATION/PLEDGE OF ALLEGIANCE
Reverend Denise Wynn, Main Street Baptist Church, delivered the invocation and
led the Pledge of Allegiance to the American Flag of the United States of America.
CITIZENS' COMMENTS
Glen Little of the Carrsville District recommended that the Board's annual retreat
be conducted on-site at the Courthouse complex to facilitate better use of
taxpayers' money and which would achieve the same objectives for the County
which has one of the highest per capita debt in the State.
Albert Burckard of the Newport District requested that the pathway for the historic
district trail bridge across Jones Creek be reconsidered so as to not block the view
downstream.
County Administrator Keaton noted that the project is currently underway.
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Responsive to Supervisor Acree, County Attorney Jones offered to research
whether an ordinance can be developed requiring bicyclists to utilize the bike trail
on Nike Park Road versus using the roadway.
CONSENT AGENDA
A. Memorandum of Agreement with Paul D. Camp Community College
Workforce Development Center for a Job Shadowing/Internship Program
B. Resolution Requesting that Virginia Department of Transportation Accept
Certain Streets of the Lawnes Pointe on the James Subdivision, Phase I, into
the Secondary System of State Highways
C. Resolution to Recognize September as National Preparedness Month
D. Criteria/Procedure for Disbursement of J&DR Court Funding
E. Resolution to Accept and Appropriate Funding from the Virginia
Information Technologies Agency ($3,000)
F. Minutes
June 6, 2019 Work Session Minutes
Supervisor Jefferson moved that the Consent Agenda be adopted as presented.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
REGIONAL AND INTER -GOVERNMENTAL REPORTS
Supervisor Grice reported that the County is now officially a member of the
Eastern Virginia Regional Industrial Facility Authority.
SPECIAL PRESENTATIONS
Danny Byrum, Chairman, County Fair Committee, provided an overview of
activities associated with the upcoming 2019 County Fair.
COUNTY ATTORNEY'S REPORT
County Attorney Jones presented an amendment to Article II of the Commission
on Aging By -Laws which revises the Commission's composition to have ten
members, with two members from each election district.
Supervisor Grice moved that the amendment to Article II of the Commission on
Aging By -Laws be approved. The motion was adopted by a vote of (3-2) with
Supervisors Rosie, Grice and Jefferson voting in favor of the motion and
Chairman McCarty and Supervisor Acree voting against the motion.
PUBLIC HEARINGS
A. Application of Richard Meiser, Applicant, and G. Cecil Cornett, Sr., Owner,
for a Change in Zoning Classification from Rural Agricultural Conservation
(RAC) to Village Center (VC) of Approximately 1.25 Acres of Land
Located at 10438 Oak Spring Road for Construction of a Single -Family
Home.
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Trent Blowe, Planner, briefed the Board on the history of the application.
Chairman McCarty opened the public hearing and called for persons to speak in
favor of or in opposition to the proposed application.
Colene Meiser, on behalf of Richard Meiser, the applicant, requested approval to
build a retirement home on the proposed lot.
Marilyn Oliver, representing the owner, G. Cecil Cornett, Sr., provided
background information on the proposed lot.
Chairman McCarty closed the public hearing and called for comments by the
Board.
Chairman McCarty moved that the application be approved. The motion was
adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice, Jefferson and
McCarty voting in favor of the motion and no Supervisors voting against the
motion.
B. Resolution to Approve the Conveyance of Property Related to Portions of
the Newly Constructed Benn's Grant Boulevard Roadway to the Virginia
Department of Transportation
County Attorney Jones advised that the Resolution has been properly advertised
for public hearing; however, the Attorney General's office has requested certain
corrections to the source deeds into the County which will take approximately
ninety days to accomplish. He recommended that the public hearing be conducted
as advertised, but that the Board defer action until its November 21, 2019 meeting.
Chairman McCarty opened the public hearing and called for persons to speak in
favor of or in opposition to the proposed application.
No one appeared and spoke in favor of or in opposition to the proposed
conveyance of the property.
Chairman McCarty closed the public hearing and called for comments by the
Board.
Supervisor Jefferson moved that action on the Resolution be deferred until the
Board's November 21, 2019 regular meeting to allow certain corrections to the
source deeds into the County to be accomplished per the request of the Attorney
General's office. The motion was adopted by a vote of (5-0) with Supervisors
Acree, Rosie, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
C. Revisions to Article 3, "Administration and Procedures," of the Isle of
Wight County Subdivision Ordinance
Amy Ring, Director of Planning and Zoning, explained the proposed revisions are
a result of the Department of Planning and Zoning's annual review of County
ordinances; to provide clarity of the regulatory intent of the ordinances to ensure
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compliance with the Code of Virginia; and, to provide additional flexibility and
offer some relief from regulatory burden on applicants and property owners.
Chairman McCarty opened the public hearing and called for persons to speak in
favor of or in opposition to the proposed application.
Brian Little of the Carrsville District recommended that the revisions be addressed
individually rather than in one public hearing.
Ms. Ring responded removal of Board and Planning Commission's review and
approval of all major plats has been removed as it is illegal; the second change
makes the County consistent with the Code of Virginia; and, the third change is
being requested because there are several subdivisions throughout the County
which are more than ten years old and do not have roads and utilities.
Chairman McCarty closed the public hearing and called for comments by the
Board.
Supervisor Grice moved that the following revisions be adopted as presented:
Amending and Reenacting the Following Articles of Appendix A,
Subdivisions: Article 3, "Administration and Procedures"
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the
legislative authority to make reasonable changes to the ordinances that govern the
orderly growth and development of Isle of Wight County; and
WHEREAS, the Isle of Wight County Board of Supervisors is also concerned
about the compatibility of uses on public and private lands within Isle of Wight
County and seeks to allow flexibility in the administration of the ordinance
regulations while protecting the health, safety, and general welfare of present and
future residents and businesses of the County.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors that the following sections of the Articles of Appendix A,
Subdivisions, of the Isle of Wight County Code be amended and reenacted as
follows:
Article 3. - Administration and Procedures
3.1. - Review and decision-making bodies.
3.1.1. Board of supervisors.
A. Final action...... The board of supervisors shall hear and take final action
on the following ordinance procedures:
1. Appeal of administrative decision (section 3.2.12);
2. Waiver (section 3.2.10); and
3. Amendments to the subdivision ordinance (section 3.2.11).
3.1.2. Planning commission.
A. Review and recommendation...... The planning commission shall review
and make recommendations on the following ordinance procedures:
1. Waiver (section 3.2.10); and
2. Amendments to the subdivision ordinance (section 3.2.11).
3.1.3. Subdivision agent...... A subdivision agent shall be appointed by the
board of supervisors to administer this ordinance. The subdivision agent shall
perform his/her duties in accordance with this ordinance and applicable state
and federal regulations. The subdivision agent may call for opinions or
recommendations, either verbal or written, from other departments or agencies
in considering details of any application.
A. Review and recommendation...... The subdivision agent shall review and
make recommendations on the following ordinance procedures:
1. Waiver (section 3.2.10); and
2. Amendments to the subdivision ordinance (section 3.2.11).
B. Final action...... The subdivision agent shall hear and take final action on
the following ordinance procedures:
1.Designation as major or minor subdivision (section 3.2.6.D);
2.Granting an exception from subdivision requirements (section
3.2.3.B);
3.Family member subdivision - Approval (section 3.2.4);
4.Conceptual plan review (section 3.2.5);
5.Minor subdivision - Preliminary plat approval (section 3.2.6.E);
6.Minor subdivision - Minor revision(s) of approved preliminary plat
(section 3.2.6.J);
7 -Major subdivision — Preliminary plat approval (section 3.2.6.E);
8.Major subdivision - Minor modification of approved preliminary plat
(section 3.2.6.J);
9.Construction plan approval (section 3.2.7.D);
10. Minor subdivision - Final plat approval (section 3.2.8);
11.Major subdivision — Final plat approval (section 3.2.8);
12.Plat vacation (section 3.2.9.C); and
13.Cluster/sliding scale "by -right" approval.
C. Additional authority...... In addition to the regulations herein contained
for the platting of subdivisions, the subdivision agent may establish
reasonable additional administrative procedures deemed necessary for the
proper administration of this ordinance.
D. Delegation of authority. ..... Unless specifically prohibited, the
subdivision agent may delegate review and decision making authority to
the deputy subdivision agent or other Isle of Wight County staff with
training and experience in the review and administration of subdivision -
related applications. However, the subdivision Agent shall have ultimate
responsibility for any action made by a delegate in the interpretation and
enforcement of this ordinance.
3.1.4. Director of general services.
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A. Review and recommendation...... The director of general services shall
review and make recommendations on the following ordinance procedures
in conjunction with the engineering division:
1. Review of public utility systems design;
2. Coordination of review with other state agencies for improvements
requiring state approval unless otherwise specified by the director of
general services;
3. Erosion and sediment control plan review; and
4. Stormwater management plan review.
3.1.5. Other review entities. ..... A variety of other commenting or advisory
bodies approved by the board of supervisors may participate in development
review under this ordinance, including, but not limited to:
1. The Isle of Wight County Health Officer;
2. The Virginia Department of Transportation (VDOT);
3. The Virginia Department of Environmental Quality (VDEQ);
4. The Virginia Marine Resources Commission (VMRC);
5. The Virginia Department of Health, Office of Drinking Water;
6. The Virginia Department of Conservation and Recreation (VDCR);
7. U.S. Army of Corps of Engineers (USACOE); and
8. Hampton Roads Sanitation District (HRSD).
3.2. - Review and approval procedures.
3.2.1. General.
A. Authority to file applications.
1. Applications may be initiated by the owner of the land being
subdivided or the owner's authorized representative. The subdivision
agent may require an applicant to present evidence of authority to
submit the application.
2. All real estate taxes and any outstanding fees or charges shall be
current prior to submission of an application for any activity regulated
under this ordinance.
B. Pre -application conference.
1. Before submitting an application for development approval, it is
recommended that each applicant schedule a pre -application
conference with the subdivision agent to discuss the procedures,
standards and regulations required for development approval in
accordance with this ordinance.
2. A mandatory pre -application conference with the subdivision agent
shall be required for the following development reviews:
a. Any subdivision that will require public infrastructure; and
b. All applications for major subdivision.
C. Application requirements...... The following requirements shall apply to all
applications for subdivision approval. Applications for re -approval of an
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expired approval shall be processed in the same manner as any other
application.
1. Forms...... Applications required under this ordinance shall be submitted
on forms and in such numbers as required by the appropriate department.
All forms shall include, at a minimum, the following information:
a. Contact information for the individual or firm submitting the
application and all property owners, including principals of a
corporation or other entity;
b. Contact information for the individual or firm on whose behalf the
application is being submitted;
C. Identification of the property affected by the application, such as a
legal description, address, or parcel identification as may be
appropriate; and
d. Any other information required by the subdivision agent or the
provisions of this ordinance.
2. Fees.
a. Filing fees shall be as set forth in the Isle of Wight County Uniform
Fee Schedule, as adopted by the board of supervisors, as it may be
amended, in order to defray the actual cost of processing the
application.
b. Fees shall be paid with the appropriate department.
C. An applicant who has paid the appropriate fee pursuant to the
submission of an application, but who chooses to withdraw such
application prior to its distribution for review shall be entitled to a
refund of the total amount paid, less ten (10) percent for administrative
costs, upon written request to the appropriate department. Once
distribution for review has begun, no refund shall be available.
3. Applications sufficient for processing.
a. Applications shall contain all required information listed on forms
available from each department involved in the review process, unless
modified by the department, in writing, pursuant to item b., below.
Incomplete applications shall not be entitled to review.
b. The presumption shall be that all of the information required in the
application forms is necessary to satisfy the requirements of this
section. However, it shall be recognized that each application is
unique, and therefore more or less information may be required
according to the needs of the particular case. The applicant may rely on
the recommendations of the appropriate department as to whether more
or less information should be submitted.
C. Once the application has been determined sufficient for processing,
copies of the application shall be distributed by the subdivision agent
to the appropriate reviewing entities.
4. Development review meeting after application submitted.
a. Upon receipt of comments from appropriate review entities, the
subdivision agent may convene a development review meeting
including all appropriate review agencies, which may include the
applicant, to ensure compliance with the following:
�,
I . The applicable requirements of this ordinance;
2. That the applicant has submitted all of the information he/she
intends to submit; and
3. That the application represents precisely and completely what the
applicant proposes to do.
b. Once the subdivision agent deems that all options have been
exhausted to address all review comments and recommendations, and
all requirements have been met, the application shall be placed on the
agenda of the appropriate reviewing board, department, or committee
in accordance with standard procedures. However, if the subdivision
agent believes the application is incomplete, a recommendation to deny
the application on that basis shall be provided to the appropriate board,
department, or committee.
5. Related or concurrent applications.
a. Applications for necessarily related development approvals may be
filed and reviewed simultaneously, at the option of the applicant. Any
application that also requires a rezoning shall not be eligible for final
approval until the rezoning has been granted (see section 3.2.3.C,
zoning requirements).
b. Related applications submitted simultaneously are subject to approval
of all other related applications; deferral or denial of any concurrently
submitted application shall stop consideration of any related
applications until the deferred or denied application is resolved.
D. Notice and public hearings.
1. Summary of notice required. ..... Notice shall be required for
applications for development approval as shown in the table below:
Procedure
Published
Posted
Waiver
✓
Subdivision ordinance text amendment
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2. Public notice requirements.
a. Published notice. ..... Published notice shall be provided in
conformance with Section 15.2-2204 of the Virginia Code. A
distinctive advertisement shall be placed in a local newspaper of
general circulation once a week for two (2) successive calendar
weeks, the first notice being published not more than twenty-one
(21) days before the date fixed for the public hearing and the
second notice being published at least five (5) days before the
hearing. At minimum, the notice must contain the following
information:
1) The time, date and location of the public hearing;
2) A description of the action requested;
3) A phone number to contact the county; and
4) A statement that interested parties may appear at the public
hearing.
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b. Posted notice...... In addition to notice of hearings as required by
the applicable statutes of the Commonwealth of Virginia, when
posted notice is required, the applicant must erect on or
immediately adjacent to, the subject property a sign or signs as
specified below giving public notice of the action required.
1) The sign must meet the following criteria:
[a) Reserved.]
b) The wording, size and color of such sign shall be as specified by
the subdivision agent and approved by the board of supervisors.
c) One (1) sign must be erected so as to be visible and legible to
each abutting public street. Where the property has extensive road
frontage, one (1) sign shall be erected for each five hundred (500)
feet of frontage.
d) When a property has no frontage directly on a public street, it
shall be posted adjacent to the nearest public street from which
future access is contemplated.
2) Signs must be erected at least seven (7) calendar days before
the hearing where the application is to be considered and
removed by the applicant within two (2) days after the final
public hearing on the application.
3) Signs are required for each hearing at which the application is
considered.
4) It is unlawful for any person to pull down, write on, cut or
otherwise injure or deface required posted notice, which will
constitute violation of this ordinance.
a) The applicant is responsible for the maintenance or replacement
of signs obliterated or destroyed during the posting period.
5) The additional requirements for public notice and posting on
the property are for the benefit of the public to identify the
location of the property in question and advanced knowledge of
a hearing only, and is not a legal requirement of notice. The
failure to comply with the provisions herein does not defeat the
action of the approving authority concerning the application.
The only legal notice requirements are those provided by the
statutes of the Commonwealth of Virginia.
3. Constructive notice...... Minor defects in notice shall not impair the
notice or invalidate proceedings pursuant to the notice if a bona fide
attempt has been made to comply with applicable notice requirements.
E. Required hearings and meetings...... A hearing shall be required for
development review as shown in the table below:
Procedure
Planning
Commission
Board of
Supervisors
Waiver
Public meeting
Public meeting
Subdivision ordinance text amendment
Public hearing
Public hearing
Appeal of administrative decision
I Public hearing
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F. Notice of decision...... Within fourteen (14) days after a decision is made,
a copy of the decision shall be sent to the applicant.
G. Withdrawal or postponement of application.
1. An applicant may withdraw an application at any time, by filing a
statement of withdrawal with the subdivision agent.
2. The statement of withdrawal shall be signed by all persons who
signed the application, or in the event of death or incompetence, by the
estate's lawful personal representative.
3. An applicant may postpone a scheduled hearing once per application
for up to ninety (90) days after the date the first hearing was scheduled
to occur, after which the subdivision agent may withdraw the
application.
3.2.2. Interpretation of this ordinance.
A. Applicability...... When uncertainty exists, the subdivision agent shall be
authorized to make all interpretations concerning the provisions of this
ordinance.
B. Deferral of interpretation. ..... The subdivision agent may defer
interpretations of this ordinance to the appropriate county officials.
C. Application requirements. ..... A request for interpretation shall be
submitted in writing.
D. Action by subdivision agent...... The subdivision agent shall:
1. Review and evaluate the request in light of the text of this ordinance,
the zoning ordinance, the comprehensive plan and any other relevant
information;
2. Consult with the other officials, including the county attorney, as
necessary;
3. Render an opinion; and
4. Cause the interpretation to be provided to the applicant in writing.
E. Official record. ..... The subdivision agent shall maintain an official
record of all interpretations. The record of interpretations shall be available
for public inspection during normal business hours.
F. Appeal...... Final action on an official interpretation of this ordinance by
the subdivision agent (or other administrative official) may be appealed in
accordance with section 3.2.12, appeal of administrative decision.
3.2.3. Subdivision, general.
A. Applicability...... Subdivision review is required for any division of land
within the county. However, certain subdivision activities may be eligible
to receive an exception of compliance from certain requirements of this
ordinance as described in section 3.2.3.13, below.
B. Exception to subdivision requirements.
1. Actions eligible for exception...... Upon submittal of a survey plat
prepared by a licensed professional, the subdivision agent may grant an
exception allowing one (1) or more of the following actions without
further compliance with the requirements of this ordinance. However,
this shall not be construed as an exemption from this ordinance.
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a. Agricultural, horticultural, or silvicultural. ..... The division of
land into parcels greater than ten (10) acres for bona fide
agricultural, horticultural, or silvicultural purposes where no street
right-of-way dedication is involved and where there is no change in
the intensity of use, provided such divisions shall have the
following notation prominently set forth on the recorded plat:
"Residential development on any lots shown will require Residential Zoning
pursuant to Section 3.2.3.0 of the Subdivision Ordinance of Isle of Wight County,
Virginia, as amended."
b. Lots not fronting on a public road.
1) Subject to the required zoning, the division of a tract in single
ownership into two (2) lots not fronting a public road, where a
twenty -foot access easement is provided, and both lots comply
with the requirements of this ordinance.
2) Subject to the required zoning, the division of a tract for
commercial lots not fronting on a public road provided that the
lots front on a private road that is built to the minimum VDOT
street standards, and where the private road shall be maintained
by adjacent property owners and guaranteed in writing with a
private road maintenance agreement. This agreement shall be
revised upon any change in ownership and prior to any
additional subdivision approval on lots served by the private
road.
c. Boundary line adjustments.
1) The public acquisition of strips of land for the widening or
opening of streets.
2) The combination or recombination of portions of previously
subdivided and recorded lots where the total number of lots
does not increase and each resulting lot conforms to the
requirements of this ordinance and applicable requirements of
the zoning ordinance.
3) The plat making the transfer(s) related to the sale, exchange
or other transfer of parcels between adjoining property owners,
where it does not create additional lots or make existing lots of
lesser width or area than required by this ordinance.
4) Boundary line adjustments to any valid and properly recorded
plat, including vacation or alteration, provided the
requirements of Section 15.2-2275 of the Code of Virginia and
the following requirements are met:
(a) The adjustment does not result in the creation of irregularly
shaped lots;
(b) The adjustment is executed by the owner or owners of such
land as provided in Section 15.2-2264 of the Code of Virginia;
(c) The adjustment does not result in any new violations to the
dimensional requirements of the zoning ordinance;
(d) The adjustment does not involve the relocation or alteration of
streets, alleys, easements for public passage, or other public areas;
and
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(e) No easements or utility rights-of-way shall be relocated or
altered without the express written consent of all persons or
entities holding any interest in the easement or rights-of-way.
d. Well lot and pump station lots...... That will be dedicated to the
county upon completion and meet the applicable yard setbacks for
the zoning district of subject lot and applicable screening standards
in the zoning ordinance.
e. Family burial plots. ..... Family burial plots shall meet the
requirements of the zoning ordinance.
f. Lots with existing established metes and bounds and/or divided by
existing public roads...... The agent or his designee may permit the
separation of one (1) parcel from a tract of land without complying
with all of the requirements of this ordinance if it is not in conflict
with the general meaning and purpose of the ordinance.
2. Conditions for exception...... In order to approve an exception from
the requirements of this ordinance, the subdivision agent must find the
following:
a. No subdivision shall result in the creation of a nonconforming lot
or lots as set forth in the zoning ordinance.
b. Where applicable, the recorded plat must include a private
easement at least twenty (20) feet wide for ingress and egress to
each lot which does not abut on an existing public road unless
otherwise expressly permitted by this ordinance. The board of
supervisors may require larger or smaller easement widths in
special circumstances.
c. Where applicable, the following language must be prominently set
forth on the face of the recorded plat of survey and added as a
covenant in every deed for every lot in any subdivision in which
streets are proposed to be established to a standard less than those
set by VDOT for acceptance as part of the secondary system:
"a) The streets in this subdivision do not meet the standards necessary for
inclusion in the system of state highways and will not be maintained by the
Virginia Department of Transportation (VDOT) or the County and are not eligible
for rural addition funds or any other funds appropriated by the General Assembly
and allocated by the Commonwealth Transportation Board;
b) It is not the policy of the Board of Supervisors of Isle of Wight County,
Virginia, or VDOT to accept or maintain private streets until the streets are
constructed pursuant to the specifications for construction of secondary roads as
promulgated by VDOT;
c) The streets in this subdivision will have to be constructed in full compliance
with VDOT requirements in effect at the time of the request by the property
owners prior to requesting addition of the street into the State Secondary Road
System of Isle of Wight County.
d) It is not the policy of the School Board of Isle of Wight County, Virginia, to
allow school buses to travel on other than publicly maintained roads."
3. Plat recordation required...... Documents showing lots created with
an exception under this section must be stamped by the subdivision
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agent noting their exception, and signed so they may be recorded with
the clerk in conformance with section 3.2.3.1), plat approval and
recordation required.
C. Zoning requirements.
1. Residential zoning required. ..... Except as provided below, all
proposed subdivisions for residential purposes must be zoned
residential as defined in section 5.4.2 (RR, NC, SE, SR, UR, VC, PD-
R, PD -MH, or PD -MX) or conditional residential (C- RR, C -NC, C-
SE, C -SR, C -UR, C -VC, C -PD -R, C -PD -MH or C -PD -MX,) pursuant
to the zoning ordinance prior to final subdivision plat approval.
2. Exempt from zoning requirement.
a. Family member subdivision...... The subdivision agent may waive
the requirement for residential zoning for a subdivision approved
as a family member subdivision (see section 3.2.4).
b. Manufactured home...... The subdivision agent may waive the
requirement for residential zoning for the placement of a
manufactured house on a permanent foundation on an existing
individual lot located in the rural agricultural conservation (RAC)
district as established in the zoning ordinance.
C. Clustering/sliding scale "by -right" provisions for single-family
residential development in rural agricultural conservation district
as designated in the Isle of Wight County comprehensive plan......
Under the sliding scale development provision, a tract of land
containing one hundred (100) contiguous acres or greater zoned
rural agricultural conservation will be allowed four (4) divisions.
One (1) additional lot or dwelling unit will be permitted for every
additional forty (40) acres encompassed by the overall tract. For
example, a one hundred forty -acre tract will yield five (5) lots.
Minimum permissible lot sizes shall be encouraged so as not to
allow subdivision development which is land consumptive;
however, each lot must meet the minimum lot requirements for the
rural agricultural conservation (RAC) district.
1. In addition to the base density permitted above and the
minimum lot size, width and frontage requirements of the
underlying zoning district, the following standards shall be
met:
a) All residential lots created through the act of subdivision shall
be contiguously grouped and served by one (1) point of access to
county roads and shall comply with section 5.9 (streets) of the Isle
of Wight County Subdivision Ordinance.
b) Residential structures in the subdivision shall be located at least
one hundred (100) feet from the existing county road right-of-way
and screened from the right-of-way by an existing or planted
landscaped buffer.
c) All residential structures should be set back at least one hundred
(100) feet from all active farm operations.
d) A central water supply system shall be provided to serve the
subdivisions with over fourteen (14) lots.
e) The maximum lot size for any new lot created shall be ten (10)
14
acres, unless otherwise approved by the board of supervisors or
required by the county health department.
f) No lot shall be designed, approved or employed for use in which
an area more than thirty percent (30%) of the prescribed minimum
lot area is comprised of one (1) or more of the environmentally
sensitive areas referenced in the net developable calculations of
the zoning ordinance. This shall not apply to lots specifically
created exclusively to preserve and maintain environmentally
sensitive areas.
g) Lots shall be located to preserve seventy percent (70%) of the
original tract size in order to maximize continued use of the
residual parcel for agricultural and silvicultural purposes.
h) All areas not included in lots or public street rights-of-way shall
be incorporated into common open space and may be used for
natural or landscaped buffers; agricultural uses including farmland
and pasture not generating noxious odors such as land application
of sewage sludge, hog or poultry farms or similar uses;
horticulture; recreational use; historic preservation; forests;
wildlife reservations and conservation areas; private stables for
personal enjoyment; or other similar use.
i) The common open space shall be arranged and designed so as to
facilitate its use, ensure continuity of design, and preserve
sensitive environmental features. Failure to achieve these goals
shall be sufficient reason for the agent to deny applications for
open space development plan approval or require modifications
that may include loss of lots.
j) Recreational areas shall not abut the exterior boundary of the
open space development unless entirely adjacent to a publicly -
owned facility or community recreation facility of an adjoining
residential development.
k) Adequate pedestrian and bicycle facilities shall be provided
which fully interconnect the development and its recreation areas
both internally and with existing, planned or desirable external
pedestrian and bicycle facilities.
1) Final plats recorded and all deeds for lots within the cluster
development shall bear a statement indicating that the land is
within an approved residential cluster subdivision and shall also
bear a statement indicating the ownership status of the
development's open space system and shall reference the
covenants creating a property owners' association which shall also
be recorded at the time final plats are put to record.
m) With approval of the planning commission, common open space
within a cluster subdivision may be held by other than a property
owner association for agricultural uses including farmland,
pasture, horticulture, recreational use, historic preservation,
forests, wildlife reservations and conservation areas or other
similar use.
n) Family member subdivisions shall be prohibited.
o) Manufactured homes, Class A and B, and residential accessory
apartments shall require a conditional use permit.
D. Plat approval and recordation required.
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1. All subdivision plats within the county must be submitted, approved,
and certified by the subdivision agent in conformance with this
ordinance prior to recordation with -the clerk of the circuit court of Isle
of Wight County.
2. A plat or other instrument showing the approved division of any land
subdivided within Isle of Wight County shall be recorded with the
clerk of the circuit court of Isle of Wight County within six (6) months
of final plat approval. Plat approval shall be deemed void if the plat is
not recorded within this period, and a new application for final plat
approval shall be required prior to recordation. However, in any case
where construction of facilities to be dedicated for public use has
commenced pursuant to an approved plan or permit with surety
approved by the county, or where the developer has furnished surety to
the county by certified check, cash escrow, bond, or letter of credit in
the amount of the estimated cost of construction of such facilities, the
time for plat recordation shall be extended to one (1) year after final
approval or to the time limit specified in the surety agreement
approved [by the] county, whichever is greater. The following
language shall be prominently stamped on the face of the approved plat
and certified by the subdivision agent:
"This subdivision plat has been found to be in conformance with the Isle of Wight
County Subdivision Ordinance and must be recorded with the Office of the Clerk
of Circuit Court of Isle of Wight County within six months of the date of approval.
Approval will be deemed void after six months and the plat must be resubmitted
for approval.
I Date of Approval: I Subdivision Agent: 111
3. No lot shall be transferred by deed in any subdivision before the
subdivision plat has been recorded.
4. No land dedicated to the county, as shown on the plat, shall be
accepted by the county unless and until the agent has accepted the
dedication. Such acceptance of dedication shall be evidenced by
signature of the subdivision agent after the following notation on the
recorded plat:
"I, the Director of Planning and Zoning for the Isle of Wight County, Virginia, as
Subdivision Agent, do hereby accept the dedication(s) made to Isle of Wight
County, Virginia, as set forth herein."
5. Other signatures or approval certifications may be required prior to
plat recordation.
3.2.4. Subdivision, family member.
A. The subdivision agent may approve a family member subdivision subject
to the provisions of this section (Section 7-28-1), and any express
requirement contained in the Code of Virginia (see specifically Section
15.2-2244, et seq. of the Code of Virginia). The purpose of a family
member subdivision may not be to circumvent this ordinance or other
county regulations. To approve an application for family member
subdivision, the subdivision agent must find the following:
16
1. The property owner requesting the family member subdivision shall
hold fee simple title to the subject property.
2. No person who has previously received land within the county via
family member subdivision is eligible to receive additional land
through family member subdivision.
3. The approval shall include the proposed deed(s) of sale or transfer
from the property owner to the receiving family member.
4. No more than four (4) lots resulting from a single tract may be
accessed from a single easement of right-of-way unless approved by
the board of supervisors upon recommendation from the planning
commission. These lots shall be served by an unobstructed easement of
right-of-way of not less than twenty (20) feet, providing ingress and
egress to an improved public street, and shall be constructed of a
compact surface with a minimum depth of four (4) inches. It is
recommended that an additional ten (10) feet of easement be dedicated
for emergency management access to bring the easement width to
thirty (30) feet. The easement of right-of-way shall be maintained by
the owner or owners of the property which is to be served by said
easement of right-of-way. A road maintenance agreement providing for
perpetual maintenance of said easement of right-of-way shall be
executed by the parties to whom the lot(s) created pursuant to this
ordinance shall be conveyed. The road maintenance agreement- shall be
approved by the county attorney and shall be recorded in the clerk's
office of the circuit court of Isle of Wight County at the time of
recordation of the plat approved pursuant to the ordinance. An erosion
and sediment control plan may be required depending on the square
footage of land disturbance.
5. Shared driveways shall be required for two (2) or more contiguous
lots resulting from a family member subdivision which shares frontage
on a public road. A shared driveway with a minimum width of twelve
(12) feet must be provided within an unobstructed access easement.
6. No lot shall be designed, approved or employed for use in which an
area more than thirty (30) percent of the prescribed minimum lot area
is comprised of one (1) or more of the environmentally sensitive areas
referenced in the net developable calculations of the zoning ordinance.
This shall not apply to lots created exclusively to preserve and
maintain environmentally sensitive areas, as approved by the zoning
administrator.
7. No singular subdivision shall extend over a political boundary line.
8. All applicable requirements of the zoning ordinance, the erosion and
sediment control ordinance, the Isle of Wight County Department of
Public Utilities' Master Water and Sewer Ordinance, and the
Chesapeake Bay Preservation Area Ordinance shall apply.
9. A person receiving land through a family member subdivision may
not sell, transfer, subdivide, or otherwise convey such property for a
period of five (5) years after plat approval; unless:
a. The conveyance or proposed conveyance results from the
foreclosure of a mortgage (deed of trust) lien on the property.
17
b. The subdivision is directed by court action.
C. Upon application from said recipient, the board of supervisors,
upon recommendation from the planning commission finds at least
one (1) of the following:
1. The proposed conveyance must be made to satisfy a financial
obligation that was not contemplated at the time of the transfer
of the lot through the family member subdivision, and that
cannot be satisfied from other assets.
2. The property is granted rezoning approval.
d. The board of supervisors may specify additional conditions to be
imposed on a family member subdivision (if an administrative
decision goes through appeal or an exception is sought from the
board of supervisors for sale prior to five (5) years.)
B. Water...... One (1) of the following shall apply:
1. Well water...... The applicant must provide proof that•a water source
for the lot has been identified in accordance with the requirements of
the Virginia Department of Health. In such case, the following note
must be placed on the final plat prior to final approval by the
subdivision agent:
No zoning permit or building permit shall be issued for any lot until a well or
water source has been approved by the County Health Department.
2. Public water...... Family member subdivisions resulting in more than
four (4) lots may be required to connect to a public water supply
system in accordance with the master water and sewer ordinance. In
such case, the following note must be placed on the final plat prior
final approval by the subdivision agent:
Any lot shown on this plat must be served by public water before any use can be
made on such lot. However, no service has been extended to such lots at the time
of approval of the plat. No zoning permit or building permit shall be issued for any
lot until public water has been extended to such lot in accordance with the Master
Water and Sewer Ordinance. The owner of each lot shown on this plat shall grant,
without compensation, such reasonable easements as are necessary to permit such
extension of public water to all lots.
C. Sewer.
1. Private individual septic...... Private individual septic systems shall
be designed and constructed to meet the requirements of the Virginia
Department of Environmental Quality, the Virginia Department of
Health, Isle of Wight County Department of Public Utilities, and any
other state or local regulation having authority over such installation,
including the zoning ordinance for alternative discharge sewer disposal
systems. The following note must be placed on the final plat prior to
approval from the subdivision agent:
No zoning permit or building permit shall be issued for any lot until a septic
system has been approved by the County Health Department and any drainfield is
identified on the plat.
Refer to Section 5.13.2 for additional on-site sewage system requirements.
1E:
2. Public sewer. ..... Public sewer systems shall be designed and
constructed in accordance with the design standards and specifications
for sewerage construction and improvements in Isle of Wight County,
Virginia, and meeting the approval of the subdivision agent.
D. Recordation and enforcement.
1. The approved family member subdivision plat, road maintenance
agreement (if applicable) and deed(s) of sale or transfer shall be
recorded simultaneously. The family member subdivision approval
shall automatically terminate if all required documents are not filed
within six (6) months.
2. The property owner shall place a restrictive covenant on the
subdivided property that would prohibit the transfer of the property to
a person other than -the immediate family for which it is created for a
period of five (5) years following the date of subdivision, unless a
rezoning is granted.
3. No zoning permit or building permit shall be issued for any lot or
parcel found to be in violation of this ordinance until such violation
has been corrected.
3.2.5. Subdivision, conceptual plan review.
A. Applicability, conceptual plan recommended...... It is recommended, but
not required, that an applicant submit a conceptual plan for review by the
subdivision agent for all subdivision activity. The purpose of this
conceptual plan is to permit the agent to advise the applicant whether the
plans are in general accordance with the requirements of this ordinance
and advise the applicant if it appears that changes would be necessary.
B. Conceptual plan requirements.
1. The conceptual plan shall be drawn on white paper, or on a print of a
topographic map of the property. The conceptual plan must be to
drawn to an acceptable scale. The following are accepted: one (1) inch
equals ten (10), twenty (20), thirty (30), forty (40), fifty (50), sixty (60)
or one hundred (100) feet.
2. The conceptual plan shall show, in simple sketch/schematic form, the
proposed layout and approximate dimensions of streets, lots, parks,
playgrounds and other features in relation to existing conditions both
within and in the areas surrounding the proposed subdivision. In
addition, the plan should contain the following information:
1) Boundary lines of the subject property.
2) Existing land conditions to include: 1) existing topography at a
maximum of ten -foot contour intervals; and 2) soils information.
3) Zoning of the subject property and adjacent parcels.
4) Location of entrances and points of ingress and egress.
5) Distance to the nearest state road intersection.
3. Whenever part of a tract is proposed for platting and it is intended to
subdivide additional parts in the future, a conceptual plan for the entire
tract shall be submitted with the preliminary plat. This plan is merely
for informational purposes and is not binding on the subdivider,
subdivision agent, planning commission, or the board of supervisors.
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3.2.6. Subdivision, preliminary plat review and approval.
A. Applicability, preliminary plat required...... A preliminary plat shall be
required for all subdivisions of 50 lots or more. The submission of a
preliminary plat for tentative approval shall be voluntary for all other
subdivisions.
B. Pre -application conference. ..... A pre -application conference is
encouraged for all subdivision applications and may be required (see
section 3.2.1.B).
C. Application requirements.
1. General.
a. An application for preliminary plat shall be filed in conformance
with section 3.2.1.C. A listing of the minimum required
information to be included in the preliminary plat may be found in
article 4, plat requirements and more specifically in section 4.2.2,
preliminary plat requirements.
b. All required application and review fees shall be paid by the
applicant as shall be set forth in the Isle of Wight County Uniform
Fee Schedule, as adopted by the board of supervisors, as it may be
amended.
2. Preparer. ..... The preliminary plat shall be prepared by a land
surveyor or other person(s) licensed by the state board for the
examination and certification of architects, professional engineers and
land surveyors to do land surveying as defined by Section 54.1-406 of
the Code of Virginia, as amended, who shall endorse upon each plat a
signed certificate setting forth the source of the title of the land
subdivided, and the plat of record of the last instrument in the chain of
title. When the proposed plat is comprised of land acquired from more
than one (1) source of title, the outlines of the several tracts shall be
indicated upon the preliminary plat, within an inset block, or by means
of a dotted boundary line upon the preliminary plat.
3. Owner's statement...... In conformance with Section 15.2-2264 of the
Code of Virginia, every such preliminary plat, or the deed of
dedication to which the preliminary plat is attached, shall contain a
statement to the effect that the subdivision as it appears on this
preliminary plat is with the free consent and in accordance with the
desires of the owners, proprietors and trustees, if any. This statement
shall be signed by the owners, proprietors and trustees or their duly
authorized agent, and shall be duly acknowledged before some officer
authorized to take acknowledgements of deeds. If the preliminary plat
is incorporated by reference to a deed, the signatures of the owners on
the deed will suffice to show that the subdivision is with their free
consent and in accordance with their desires.
D. Subdivision types.
1. Minor subdivisions...... Any subdivision involving fewer than ten
(10) lots which satisfies the following requirements may be considered
a minor subdivision:
a. No new public or private streets are created;
20
b. No public stormwater facilities for water quality or quantity are
required; and
c. No new public utilities are to be installed.
2. Major subdivisions...... Any subdivision not meeting the definition of
family member subdivision (as defined in section 3.2.4) or minor
subdivision is considered a major subdivision.
3. Cluster/sliding scale "by -right" subdivisions. ..... Any subdivision
meeting the requirements of section 3.2.3.C.
E. Approving authority.
1. Minor and Major subdivision -s - Administrative approval...... The
subdivision agent shall have the authority to approve preliminary and
final plat applications for minor and major subdivisions (see section
3.2.6.D. I, above).
2. Cluster/sliding scale "by -right" subdivisions - Administrative
approval...... The subdivision agent shall have the authority to approve
cluster/sliding scale "by -right" applications.
F. Public notice.
1. Public notice shall be provided in conformance with the table in
section 3.2.1.D. At minimum, all applications to be acted upon at a
hearing before the planning commission (see section 3.2.1.E) shall be
advertised.
2. Notification may also be required to the Virginia Department of
Transportation, Isle of Wight County School Board, Isle of Wight
County Health Department, or any other agency with review or
approval authority on the application.
G. Action by subdivision agent.
1. Review agencies (internal and external) shall review the preliminary
plat application to determine whether or not the preliminary plat
generally conforms to the requirements of this subdivision ordinance,
the zoning ordinance, and other applicable rules and regulations, and
transmit comments back to the subdivision agent. This review may
include a meeting with the applicant.
2. Within sixty (60) days of receipt of a completed application the
subdivision agent shall provide written comments to the applicant
stating any revisions that will be required, and the character and extent
of public improvements that will have to be made. A bona fide
estimate of the cost of construction or improvements must be furnished
by the applicant upon submittal of the construction plan. The amount
of the performance bond (if required) must be reviewed and approved
as a prerequisite to approval of the final plat. In determining the cost of
required improvements and the amount of the performance bond (if
required), the agent may consult with a duly licensed engineer who
shall prepare this data for the agent.
3. If the subdivision agent determines that only minor corrections to the
application are required, the agent may approve the preliminary plat
with conditions that the corrections be remedied prior to final plat
approval. If required corrections are extensive, the applicant shall
21
correct the preliminary plat before further action is taken by the
subdivision agent.
H. Action by other review bodies.
1. Upon receipt of a completed application, the subdivision agent shall
transmit copies of the application to all other agencies and entities with
review authority over the proposed subdivision. This may include, but
is not limited to:
a. Isle of Wight County Superintendent of Schools;
b. Isle of Wight County Health Department;
c. Virginia Department of Transportation (VDOT);
d. Virginia Department of Conservation and Recreation (VDCR);
e. Virginia Department of Environmental Quality (VDEQ); and
f. Virginia Marine Resources Commission (VMRC).
It will be the responsibility of the applicant to obtain required permits from the
U.S. Army Corps of Engineers and submit plans to them accordingly.
2. The review body shall review the application for conformance with
all of its pertinent rules and regulations and provide written comments
to the subdivision agent. It is anticipated that external review of an
application will be completed in thirty (30) days or less. However,
additional time may be required due to the scope of complexity of an
application. Appeals of decisions or comments made by external
review entities may be taken in the manner provided by the specific
entity.
I. Appeal.
1. Appeal of subdivision agent decision...... Appeal of a decision by the
subdivision agent may be taken in conformance with section 3.2.12,
appeal of administrative decision.
2. Appeal of board of supervisors' decision...... Appeal of a decision by
the board of supervisors on an application for preliminary plat may be
taken by filing a written petition for certiorari with the circuit court of
Isle of Wight County within sixty (60) days of the action.
J. Revisions to approved preliminary plat.
1. The subdivision agent may approve minor revisions to an approved
preliminary plat which do not change the basic street and/or lot
configuration, or result in any changes that would require review by an
external review body (see section 3.2.6.1-1, above).
2. Significant changes to an approved preliminary plat, as determined by
the subdivision agent, shall be resubmitted for review and approval as
if a new application.
K. No guarantee. ..... Preliminary plat approval does not constitute a
guarantee of approval of construction plans or the final plat.
L. Duration of preliminary plat validity. ..... The applicant shall have not
more than twelve (12) months after receiving official notification
concerning the preliminary plat to file an application for final plat approval
with the subdivision agent in accordance with section 3.2.8, subdivision,
22
final plat. Failure to do so shall make the preliminary plat approval null
and void. The subdivision agent may, on written request by the applicant,
grant a one-time extension of this time limit for up to ninety (90) days.
3.2.7. Construction plans.
A. Applicability. ..... All subdivision activities that will include, the
installation of public facilities shall be required to comply with the
requirements of this section.
1. Preparer. ..... The construction plans shall be prepared by a land
surveyor or other person(s) licensed by the state board for the
examination and certification of architects, professional engineers and
land surveyors to do land surveying as defined by Section 54.1-406 of
the Code of Virginia.
B. Timing. ..... Subsequent to approval or conditional approval of the
preliminary plat and prior to the submission of the final plat, the applicant
shall submit copies of the construction plans to the subdivision agent for
approval in conformance with county requirements for construction plans
(as established by the county department of planning and zoning). In order
to allow the applicant time for revisions between submittals and sufficient
time for all reviewing agencies to thoroughly review the construction
plans, the plan should be resubmitted as soon as possible following
preliminary plat approval.
C. Application requirements. ..... Applications for construction plan
approval shall be submitted in conformance with section 3.2.1.C. At
minimum, plans shall show the following information:
1. All information contained on the approved preliminary plat (see
section 3.2.2).
2. A cross section showing the proposed street construction, depth and
type of base, and type of surface.
3. A profile or contour map showing the proposed grades for the streets
and drainage facilities including elevations of existing and proposed
ground surface at all street intersections and at points of major grade
change along the center line of streets together with proposed grade
lines.
4. Proposed connections with existing sanitary sewers and existing
water supply or alternate means of sewage disposal and water supply.
5. Any additional county requirements for construction plans.
D. Action by subdivision agent.
1. The subdivision agent shall distribute the construction plan
application to the applicable review bodies for review and approval.
2. The subdivision agent and other review bodies shall review the
construction plan application for conformance with the approved
proffered conditions, the approved preliminary plat and all other
applicable county, state, and federal requirements.
3. Within sixty (60) days of receipt of the completed application, the
subdivision agent shall provide written comments to the applicant
indicating areas where the application is not conforming with county
requirements.
23
4. The applicant shall have one hundred twenty (120) days to correct the
errors on the application. This time period may be extended by the
subdivision agent for up to sixty (60) days for a total period of up to
one hundred eighty (180) days upon written request by the applicant.
5. The subdivision agent may approve or deny the application at the end
of the time period.
6. Within forty-five (45) days of receipt of a resubmittal of plans
previously disapproved, the subdivision agent shall provide written
comments to the applicant indicating areas where the application is not
conforming with county requirements, or approval of the plans if
applicable.
E. Appeal of subdivision agent decision...... Appeal of a decision by the
subdivision agent (or any other administrative decision) may be taken in
conformance with section 3.2.12, appeal of administrative decision.
F. Duration of construction plan validity...... An approved construction plan
shall remain valid for five. (5) years, if:
1. A permit to begin development pursuant to the construction plan,
such as a building permit or zoning permit, has been issued within
twelve (12) months of construction plan approval, and has remained
continuously valid; and
2. Building or land disturbing activity has begun on the property.
3. No major modifications to the layout were made on the final plat that
would affect the construction plan.
G. Record drawings...... Upon the satisfactory completion of the installation
of the required improvements shown on the approved construction plan
and profiles, the developer must submit two (2) copies of the completed
record drawings to the subdivision agent.
3.2.8. Subdivision, final plat.
A. Applicability.
1. A final plat shall be required for all subdivisions except family
member subdivisions (see section 3.2.4).
2. In the case of an application for final plat approval for a minor
subdivision (see section 3.2.6.D.1), the subdivision agent may allow
the approved preliminary plat to serve as the final plat provided all
required notes and certifications are inserted in conformance with this
section.
B. Application requirements.
1. General.
a. An application for the final plat shall be filed in conformance with
section 3.2.1.C. A listing of the minimum required information to
be included in the preliminary plat may be found in article 4, plat
requirements and more specifically in section 4.2.4, final plat
requirements.
b. All required application and review fees shall be paid by the
applicant. A current list of required fees is available from the
planning and zoning department.
24
2. Preparer . ..... The final plat shall be prepared by a land surveyor or
other person(s) licensed by the state board for the examination and
certification of architects, professional engineers and land surveyors to
do "land surveying" as defined by Section 54.1-406 of the Code of
Virginia, as amended, who shall endorse upon each plat a signed
certificate setting forth the source of the title of the land subdivided,
and the plat of record of the last instrument in the chain of title. When
the proposed plat is comprised of land acquired from more than one (1)
source of title, the outlines of the several tracts shall be indicated upon
the final plat, within an inset block, or by means of a dotted boundary
line upon the final plat.
3. Owner's statement...... In conformance with Section 15.2-2264 of the
Code of Virginia, every such final plat, or the deed of dedication to
which the final plat is attached, shall contain a statement to the effect
that the subdivision as it appears on this final plat is with the free
consent and in accordance with the desires of the owners, proprietors
and trustees, if any. This statement shall be signed by the owners,
proprietors and trustees or their duly authorized agent, and shall be
duly acknowledged before some officer authorized to take
acknowledgements of deeds. If the final plat is incorporated by
reference to a deed, the signatures of the owners on the deed will
suffice to show that the subdivision is with their free consent and in
accordance with their desires.
C. Approving authority...... The subdivision agent shall be responsible for
final action on all final plat applications.
D. Action by the subdivision agent.
1. Upon receipt of a completed application, the subdivision agent shall
forward the final plat documents to the appropriate entities for review.
2. The subdivision agent shall have sixty (60) days to review the
application and approve the final plat as is, approve it subject to
additional corrections, defer action for additional information and
corrections, or deny it.
3. The final plat shall be approved by the subdivision agent if it meets
the following criteria:
a) Conforms with all of the provisions and requirements of this
ordinance, proffered conditions, the zoning ordinance, and other
applicable county rules and regulations;
b) Conforms with the approved preliminary plat;
c) Conforms with approved construction plans;
d) Required improvements have been satisfactorily installed and
completed or an acceptable performance guarantee has been filed
with the county (see section 3.2.8.E, below).
4. Approved or corrected final plats shall be certified by the subdivision
agent denoting approval.
5. Within forty-five (45) days of receipt of a resubmittal of plans
previously disapproved, the subdivision agent shall provide written
comments to the applicant indicating areas where the application is not
25
conforming with county requirements, or approval of the plans if
applicable.
E. Performance guarantee. ..... In lieu of installing and completing all
required public improvements, the subdivision agent may approve a
performance bond, cash, cash bond, or other acceptable performance
guarantee to cover the costs of necessary improvements, in conjunction
with all applicable legally binding performance agreements that include
terms adequate to provide for future increases in costs.
F. Issuance of required permits...... Upon construction plan approval by all
pertinent authorities and receipt of required bond amounts, the applicant
may apply for the necessary permits to begin site work and the installation
of improvements. All site work shall be performed in compliance with the
approved construction plan, the requirements of this ordinance, and other
applicable county, state, or federal regulations. No required permit may be
issued prior to construction plan approval.
G. Appeal of subdivision agent decision.
1. If the final plat is deferred or denied, the subdivision agent shall
notify the applicant (in writing) of the reasons for deferral or denial.
The applicant may appeal a decision to defer or deny in conformance
with section 3.2.12, appeal of administrative decision.
2. Nothing in this section shall be interpreted so as to preclude the filing
of a new final plat application for the same property if no appeal is
pending and if the corresponding preliminary plat remains valid.
H. Expiration of approval...... An approved final plat shall be recorded by
the subdivider in the office of the clerk of the circuit court of Isle of Wight
County within six (6) months of the date of final approval, or it is void (see
section 3.2.3.13, plat approval and recordation required).
I. Duration of plat validity.
1. Generally...... In compliance with Section 15.2-2261 of the Code of
Virginia, an approved final plat which has been properly recorded in
the office of the clerk of the circuit court of Isle of Wight County shall
remain valid for a period of five (5) years from the date of final plat
approval.
2. Specifically.
a. The subdivider or developer may submit a written request for an
extension of the expiration period if the request is submitted prior
to the end of the initial period of validity. The planning
commission may grant one (1) extension for a period of up to one
(1) year taking into consideration the size and phasing of the
proposed development, and the laws, ordinances and regulations in
effect at the time of the request for an extension.
b. Application for minor modifications to a recorded plat made
during the period of validity does not constitute a waiver of the
terms of plat validity nor does the approval of minor modifications
extend the period of validity of a plat.
c. Nothing contained in this section shall be construed to affect:
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1) The authority of the county to impose valid conditions upon
approval of any special use permit, conditional use permit or
special exception;
2) The application of the Chesapeake Bay Preservation
Ordinance (or other County ordinances adopted pursuant to the
Chesapeake Bay Preservation Act) to individual lots on
recorded plats; or
3) The application of any county ordinance adopted to comply
with the requirements of the federal Clean Water Act to
individual lots on recorded plats.
3.2.9. Vacation of plat.
A. Generally...... Any recorded final plat or portion of a recorded final plat,
or any interest in streets, alleys, easements for public rights of passage, or
easements for drainage granted to the board of supervisors as a condition
of the approval, may be vacated according to the provisions of Sections
15.2-2270 through 15.2-2278 of the Code of Virginia.
B. Specifically.
1. Any interest in streets, alleys, easements for public rights of passage,
easements for drainage, and easements for a public utility as a
condition of approval may be vacated in conformance with Section
15.2-2270 of the Code of Virginia.
2. Plats may be vacated before the sale of lots in conformance with
Section 15.2-2271 of the Code of Virginia.
3. Plats may be vacated after the sale of lots in conformance with
Sections 15.2-2272 and 15.2-2274 of the Code of Virginia.
4. Boundary lines may be vacated in conformance with [section]
3.2.3.B, waiver of subdivision requirements, and Section 15.2-2275 of
the Code of Virginia provided the vacation does not involve the
relocation or alteration of streets, alleys, easements for public passage,
or other public areas.
5. A plat of subdivision may be vacated in conformance with Section
15.2-2278 of the Code of Virginia.
C. Approving authority. ..... The board of supervisors shall serve as the
approving authority for all plat vacation applications.
D. Application requirements. ..... An application for vacation of plat
approval shall be filed in conformance with section 3.2.1.C.
E. Action by the subdivision agent.
1. Upon receipt of a completed application, the subdivision agent shall
forward the application documents to the appropriate entities for
review.
2. The subdivision agent shall have sixty (60) days to review the
application and approve the application as is, defer action for
additional information and corrections, or deny it.
3. Approved applications shall be certified by the subdivision agent in
writing.
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F. Appeal of subdivision agent decision...... If an application is deferred or
denied, the subdivision agent shall notify the applicant (in writing) of the
reasons for deferral or denial. The applicant may appeal a decision to defer
or deny in conformance with section 3.2.12, appeal of administrative
decision.
G. Duty of the clerk...... Upon receipt of an approved and certified plat
vacation, the clerk of circuit court of Isle of Wight County shall write in
plain legible letters across such plat, or the part thereof so vacated, the
word "vacated," and also make a reference on the plat to the volume and
page in which the instrument of vacation is recorded (see Section 15.2-
2276 of the Code of Virginia).
3.2.10. Waiver.
A. Applicability...... The board of supervisors may consider" waivers from
certain requirements of this ordinance where the strict application of the
requirement would cause unnecessary hardship to the subdivider.
B. Application requirements...... A request for a waiver shall be filed in
conformance with section 3.2.1.C.
C. Action by the subdivision agent...... The subdivision agent shall review
the request and place the completed application and the agent's
recommendation on the next available board of supervisors meeting
agenda.
D. Action by the board of supervisors.
1. The subdivision agent shall present the application at the board of
supervisors meeting.
2. The applicant shall be present at the meeting to respond to questions.
3. Following the hearing on the application, the board of supervisors
may approve, approve with conditions, deny, or continue an
application.
E. Criteria for waiver...... To approve a request for waiver, the board of
supervisors shall make an affirmative finding that all of the following
criteria are met:
1. That granting the waiver will not have an adverse impact on land use
compatibility;
2. That strict adherence to the general regulations would result in
substantial injustice or hardship;
3. The waiver has not been opposed in writing by the county, VDOT
engineer, or health official;
4. That granting the administrative waiver shall be consistent with the
purposes and intent of this ordinance.
3.2.11. Ordinance text amendment.
A. Applicability.
1. The board of supervisors shall consider amendments to the text of this
ordinance, as may be required from time to time.
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2. Amendments to the text of this ordinance shall be made in accordance
with the provisions of this section and Section 15.2-2223 et seq. of the
Code of Virginia.
3. A request to amend the text of this ordinance may be initiated by the
board of supervisors, the planning commission, the subdivision agent,
or a citizen.
B. Action by the subdivision agent...... The subdivision agent shall prepare
a staff report that reviews the proposed text amendment request in light of
any applicable plans and the general requirements of this ordinance.
C. Action by the planning commission.
1. General procedures.
a. Before making any recommendation on a text amendment, the
planning commission shall consider any recommendations from the
subdivision agent, and shall conduct a public hearing where
interested parties may be heard.
b. Notice and public hearing requirements shall be in accordance
with section 3.2.1.D, notice and public hearings.
C. The commission shall make its recommendation within ninety
(90) days of its initial public hearing.
d. When a recommendation is not made within the time period, the
board of supervisors may process the request without a commission
recommendation.
2. Changed application...... If the applicant makes significant changes to
the application for a text amendment after the commission has made its
recommendation, the subdivision agent may refer the modified request
back to the commission for an additional public hearing.
D. Action by the board of supervisors.
1. Before taking action on a text amendment, the board of supervisors
shall consider the recommendations of the planning commission and
subdivision agent, and shall conduct a public hearing.
2. Notice and public hearing requirements shall be in accordance with
section 3.2.1.D, notice and public hearings.
3. Following the public hearing, the board of supervisors may approve
the amendment, deny the amendment, or send the amendment back to
the planning commission or a committee of the board of supervisors
for additional consideration.
3.2.12. Appeal of administrative decision.
A. Applicability...... An appeal by any person aggrieved by a final order,
interpretation or decision of the administrative official authorized to make
decisions in regard to the provisions of this ordinance may be taken to the
board of supervisors, except as otherwise provided in this ordinance.
B. Application requirements.
1. An appeal of an administrative decision shall be taken by filing a
written notice of appeal specifying the grounds for the appeal with the
subdivision agent and the board of supervisors.
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2. An application for an appeal of an administrative decision shall be
filed with the planning and zoning department in accordance with
section 3.2.1.C, application requirements.
3. A notice of appeal of an administrative decision shall be considered
filed when a complete application is delivered to the subdivision agent.
C. Deadline for submission of application...... Unless specified otherwise,
an appeal of an administrative decision shall be filed with the board of
supervisors within thirty (30) days of receipt of the decision.
D. Notice and public hearings...... Upon receipt of a completed application,
the subdivision agent shall schedule a public hearing at the first available
board of supervisors meeting and give public notice as set forth in section
3.2.1.D, notice and public hearings.
E. Action by the subdivision agent...... The subdivision agent shall transmit
to the board of supervisors all the papers constituting the record of the
action being appealed.
F. Action by board of supervisors.
1. The board of supervisors may reverse or affirm (wholly or partly) or
may modify the order, requirement, decision, or determination being
appealed and shall make any order, requirement, decision or
determination that in its opinion ought to be made in the case before it.
To this end, the board of supervisors shall have all the powers of the
official being appealed.
2. If a motion to reverse or modify is not made, or fails. to receive the
necessary number of votes to overturn the. decision, then appeal shall
be denied.
3. Any motion to overturn or modify a decision shall state the specific
reasons or findings of fact that support the motion.
G. Effect of appeal.
1. An appeal shall stay all further activity resulting from the action
appealed, unless the administrative official being appealed certifies to
the board of supervisors that a stay would, in his or her opinion, cause
imminent peril to life or property or that because the appeal is
transitory in nature a stay would seriously interfere with the effective
enforcement of this ordinance.
2. An appeal shall not stop action lawfully approved (including
construction activities authorized by a building permit); only actions
impacted by the appeal and presumed in violation of this ordinance are
stayed.
H. Appeal of elected official decision. ..... Appeal of the board of
supervisors' action under this subsection may be taken by filing a petition
for certiorari with the circuit court for Isle of Wight County. (Ord. No.
2011-15-C, 8-4-11; Ord. No. 2012-11-C, 10-18-12; 5- 1-14; 11-19-15; 10-
20-16.)
The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
911
The Board took a recess and returned to open session.
COUNTY ADMINISTRATOR'S REPORT
Responsive to County Administrator Keaton's request for the Board's
consideration of setting a date for its annual Retreat, the consensus of the Board
was to conduct its retreat on September 30, 2019 at 9:00 a.m. Staff is to advise the
Board regarding the location of said retreat.
County Administrator Keaton was requested to contact the Towns of Smithfield
and Windsor to determine potential dates for a joint intergovernmental meeting.
Subjects of discussion include but are not limited to shared services and the E-911
emergency communications system.
County Administrator Keaton was requested to investigate and advise why the
Rushmere Volunteer Fire Department is not receiving pages.
Responsive to County Administrator Keaton's request for consideration of a
discussion with the County's General Assembly delegation, the consensus of the
Board is to conduct its annual meeting with the General Assembly delegation
following the conclusion of a future work session.
The consensus of the Board was to move the October 3, 2019 work session to an
earlier time (2:00 p.m. or 3:00 p.m.) followed by a Contractor's Forum (6:00 p.m.
or 6:30 p.m.).
County Administrator Keaton provided the following for the Board's information:
Smithfield/Windsor IT Agreements: A final draft is under review; Ashby Street:
Curb and gutter/drainage repairs accomplished by VDOT. Specs for the asphalt
work is underway; Turner Drive: Bidder No. 2 to submit required paperwork with
work beginning after Labor Day; Reynolds Drive/Right-of-way work to be done
by the County. Draft agreement under review; Route 10 at Benn's Church: Not
mowed by VDOT due to Monarch Milkweed butterfly habitat; Route 10
Waterline Project: Low bid of $2.6 million accepted; and, Lawns Point Waterline
Project: Contractor terminated.
UNFINISHED/OLD BUSINESS
Regarding the Blackwater River hunting proposals, the consensus of the Board
was to solicit recommendations from the Blackwater Advisory Board who is to
provide monthly progress reports to the Board.
Bound final copies of the budget were distributed to the Board prior to the meeting
by County Administrator Keaton which was also submitted to the GFOA.
NEW BUSINESS
Supervisor Grice moved that the following Resolution be adopted:
RESOLUTION TO AMEND CHAPTER 2: FINANCIAL
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AND ACCOUNTING, ARTICLE IV, SECTIONS 3.8
OF THE COUNTY POLICY MANUAL
WHEREAS, Isle of Wight County's policies and procedures need to be updated
periodically to come into conformity with practices and conditions; and,
WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia
desires to amend its Financial Policies relative to the calculation methodology and
target percentage for the General Fund Unassigned Fund Balance levels; and,
NOW, THEREFORE, BE IT RESOLVED that revisions to Chapter 2: Financial
and Accounting, Article IV — Financial Policies, Section 3.8 — Fund Balance
Levels of the County Policy Manual are hereby adopted as follows:
Section 3.8 - Fund Balance Levels
The County will employ sound financial management principles to include the
establishment of an unassigned general fund balance sufficient to maintain
required working capital and provide a reserve for unanticipated expenditures or
emergencies, revenue shortfalls, and other non-recurring uses. The ratio of
nassigned General Fui dT, alance as a percentage of Budgeted
eneral Funds Expenditures (net of the QeneFal Fury CeatFibutie to cehools
V11 Y11V HVi Vit
ndicates the abilityrof the Count to cope with unexpected financialroblemsano
�emergencies� The larger the Unassigned General Fund balance, the greater the
County's ability to cope with financial emergencies and fluctuations in revenue
cycles. JE County has established a target rate of 4. "' 15% at the close of each
iscaear as computed for the,ucomingE bueear N�.�
Once the unassigned general fund balance target is achieved by the County, it is
intended to be maintained for the upcoming fiscal year from prior year surpluses
and budgeted additions as available before any other needs are addressed:-In-th
vent Unassigned Fund Balance is required to be drawn below the x$15% target
ate due to an emergency (such as a natural disaster) or due to severe economa
ircumstances, the County will develop a plan to restore the Unassigned Gener
VundeBalance over the ensuintwo fiscalears:
Compliance with fund balance policy will be reviewed and reported to County
Board of Supervisors annually in conjunction with the development of the
operating budget and with any significant budget amendments made during the
fiscal year.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Rosie, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors voting
against the motion.
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'ADJOURNMENT
At 8:30 p.m., Chairman McCarty declared the meeting adjourned.
Carey ills St , Clerk
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