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03-17-2022 Regular Meeting REGULAR 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 SEVENTEENTH DAY OF MARCH IN THE YEAR TWO THOUSAND AND TWENTY-TWO PRESENT: Rudolph Jefferson, District 3, Chairman William M. McCarty, District 2, Vice-Chairman (Arrived at 5:55 p.m.) Richard L. Grice, District 1 Don G. Rosie, II, District 5 Joel C. Acree, District 4 ALSO IN ATTENDANCE: Robert W. Jones, Jr., County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey Mills Storm, Clerk CALL TO ORDER Chairman Jefferson called the regular meeting to order at 5:00 p.m. APPROVAL OF AGENDA Supervisor Grice moved that the agenda be approved. The motion was adopted (4-0) with Supervisors Jefferson, Acree, Grice and Rosie voting in favor of the motion; no Supervisors voting against the motion; and Supervisor McCarty absent for the vote. CLOSED MEETING The following matters were identified for discussion in closed meeting by County Attorney Jones: Consultation with legal counsel regarding actual and potential litigation regarding the park-to-park trail and zoning matters where such consultation would adversely affect the negotiating or litigation posture of this public body pursuant to subsection 7; a discussion or consideration of the investment of public funds concerning the Farmers Market where bargaining is involved, where, if made public initially, the financial interest of the County would be adversely affected, pursuant to subsection 6; a discussion regarding the appointment of specific appointees to County boards, committees or authorities as set forth in the agenda, pursuant to subsection 1; and a discussion regarding the performance of the County Attorney, pursuant to subsection 1. Supervisor Rosie moved that the Board enter the closed meeting for the reasons stated by County Attorney Jones. The motion was adopted (4-0) with Supervisors Acree,Jefferson, Grice and Rosie voting in favor of the motion; no Supervisor voting against the motion; and Supervisor McCarty absent for the vote. 1 Supervisor McCarty arrived at the meeting at 5:55 p.m. Upon motion of Supervisor Rosie and all voting in favor (5-0),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 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. Supervisor Acree moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each 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, Grice, Jefferson, Rosie NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: McCarty INVOCATION Herb DeGroft delivered the invocation and led the Pledge of Allegiance to the Flag. 2 Supervisor Grice moved that a proposal received related to the Farmer's Market be added for discussion under Old Business and that the Board return to closed meeting at the end of the meeting to complete discussion of an item. The motion was adopted (5-0) with Supervisors Jefferson, McCarty, Acree, Grice and Rosie voting in favor of the motion and no Supervisors voting against the motion. CITIZENS' COMMENTS Herb DeGroft of Mill Swamp Road distributed a Health & Wellness Services Directory by the Senior Services of Southeastern Virginia. He requested the Board to exercise common sense when funding the schools. . Curt Lytle of the Carrsville District spoke on SB 8 which allows statewide hunting on Sundays. CONSENT AGENDA A. 2021 Planning Commission Annual Report B. Resolution to Amend the FY 2021-22 Budget and Appropriate Funding for the Upcoming General Reassessment of Real Estate ($209,000) C. Minutes February 17, 2022 Regular Minutes Supervisor Acree moved that the Consent Agenda be adopted. The motion was adopted unanimously (5-0) with Supervisors Acree, McCarty, Grice, Rosie and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Grice drew attention to the fact that the Planning Commission's Annual Report reveals that the Board of Supervisors approves the Planning Commission's recommended action on issues 94% of the time. On the issue of growth, it further reports that the County has experienced just under 1% annual growth over the last decade. REGIONAL AND INTER-GOVERNMENTAL REPORTS Supervisor McCarty reported that the Hampton Roads Transportation Planning Organization had discussed the potential for turning a portion of Route 17 that goes to North Carolina into Interstate 87 and turning Route 58 into an interstate to reduce truck congestion and create faster transit times. He advised that Route 460 is not on any of the TPO's top future projects, but the part of Route 460 that runs through the County has the largest number of accidents for the trucking industry. The Route 460 corridor is the third highest truck thoroughfare in the region and the second highest for the fastest growing truck thoroughfare in the region. It accounted for 28% of the growth of economic and commerce truck thoroughfare. The TPO encouraged all localities to submit their details as they begin to look at the potentials for growth in every region as it relates to trucking and the ports. The 3 County is going to have to lobby for consideration in the Route 460 corridor for a solution going forward because if the County is going to remain competitive in the region, the Route 460 corridor is going to need to be addressed moving forward. Supervisor Acree commented that the original proposal for Route 460 was essentially cutting the County in half with very limited access and it would have compromised the County in various ways, such as emergency services. On another subject, the Hampton Roads Transportation Planning Organization and the Hampton Roads Transportation Accountability Commission have a public comment period which can be done via email or in person and he encouraged all persons to become involved and provide comments regarding traffic on the James River Bridge. APPOINTMENTS Chairman Jefferson moved that Hazel Edwards be reappointed to serve on the Southeastern Tidewater Opportunity Project. The motion was adopted unanimously (5-0) with Supervisors Acree, McCarty, Grice, Rosie and Jefferson voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATIONS Chris Morello, Director of Economic Development, introduced Jenny Crittenden, Senior VP, Hampton Roads Retail Alliance, Kylie Sibert, VP of Corporate Communications, Hampton Roads Retail Alliance, and Phil Scotti, owner of Phillip Michael Fashion for Men and Chairman of the Board for the Hampton Roads Retail Alliance, who presented information relative to the factors that impact and inform decisions for the siting of retail businesses. Ms. Crittenden suggested that the County take a market analysis of the areas the Board wishes to develop in retail. She encouraged the Board to look at its small brick and mortar businesses and find out how to strengthen them because the best form of recruitment is retention. Mr. Scotti spoke about the difficulties associated with being a small retailer and he encouraged the County, if it wishes to attract small retailers, to be prepared to provide them with some assistance. He specifically recommended that the County offer the concept of a community market space. Assistant County Administrator Robertson provided an update regarding ongoing COVID-19 vaccine and testing efforts for County residents. He advised that local churches have been hosting various vaccine and testing clinics. COUNTY ATTORNEY'S REPORT County Attorney Jones introduced an Agreement with HRPDC and Partner Agencies and an Agreement with RURALBAND for County-wide Expansion of Broadband for 4 the Board's consideration. Supervisor McCarty moved to authorize execution of an agreement with HRPDC and Partner Agencies and an agreement with RURALBAND for the county-wide expansion of broadband. The motion was adopted unanimously (5-0) with Supervisors Acree, McCarty, Grice, Rosie and Jefferson voting in favor of the motion and no Supervisors voting against the motion. County Attorney Jones advised several matters remain unresolved with the Nike Park Park-to-Park Trail, including the closing out of the design contract. Supervisor McCarty moved to authorize the County Administrator to execute the necessary documents and finalize that portion of the property. The motion was adopted unanimously (5-0) with Supervisors Acree, McCarty, Grice, Rosie and Jefferson voting in favor of the motion and no Supervisors voting against the motion. PUBLIC HEARINGS A. Request of Nuby Run Solar, LLC, Applicant, on behalf of Robert Benjamin Stagg, property owner,for a Conditional Use Permit to establish a utility scale solar energy facility on property located on Orbit Road zoned Rural Agricultural Conservation and a request to withdraw twenty acres of the property from the Courthouse Agricultural/Forestal District. Amy Ring, Director of Community Development, reviewed the project description and recommended conditions and provided the criteria for CUP consideration. Chairman Jefferson opened the public hearing and called for those to speak in favor of or in opposition to the proposed request. Adam Ventre, Director of Development at Hexagon Energy, spoke about the importance of the development of clean energy projects that can fit in with existing communities; the economic contributions of the project; and its compliance with the Comprehensive Plan. He concluded his presentation requesting the following two conditions be added to the existing conditions: 1) Vegetation planted in the landscape buffer to provide visual screening shall be a minimum of eight (8) feet tall at the time of planting, if available at local nurseries. If 8' trees and evergreens are locally unavailable, the applicant shall install vegetation with a minimum height of six (6) feet tall at the time of planting and 2) the vegetation and security fencing shall be installed within sixty days of commencement of construction in all areas along Orbit Road where their placement will not interfere with the installation of the facility. All other areas of vegetation and security fencing will be installed prior to commercial operation. David Tucker of District 3 spoke as an advocate for renewable energy, but not in favor of badly managed renewable energy. Ben Stagg, landowner, appeared and spoke in favor. He stated that Hexagon, while not local, is a Virginia company. He continued that this is a reversible use and will s be returned to its existing condition when it is no longer renewed for this project. He stated the application is compatible with existing uses, and he has received support from adjacent neighbors. He concluded that this will supplement his retirement income. Chairman Jefferson closed the public hearing and called for comments from the Board. Supervisor McCarty recalled that this Board has previously discussed wanting to have a clearer picture of what solar farms in the County will look like, but to date have not developed a policy with which to move forward. Supervisor Acree agreed with Supervisor McCarty's remarks and stated that he does not hold fault with Mr. Stagg that the Board has not yet been educated. He stated farmers are requesting approval of solar farms on their property for various reasons, to include trying to retain the family farm. Supervisor Grice suggested the Board might wish to consider imposing a temporary moratorium on applications for solar farms for a period of twelve months and, in the meantime, receive presentations from solar panel companies interested in doing business in the County. Ms. Ring offered to get with County Attorney Jones to investigate what is needed to put a solar farm in place; what the conditions might be and the length of life of the solar farm. Supervisor Rosie commented that the Board still needs to establish what it wants the corridors to look like and that he would like to see charging stations incorporated. He stated he would prefer to see an eight-foot tree versus a six-foot tree and that he would support this request, but he did not want to see any more requests for solar farms to come before the Board until it has addressed these facilities. Supervisor Acree moved that the Conditional Use Permit be approved with the following conditions, to include the two additional conditions offered by the applicant tonight: 1. The subject property shall be developed in general conformity with the Concept Plan included in the Nuby run Solar application. 2. The portion of the subject property supporting solar panels shall be enclosed by security fencing of a type which is harmonious with the rural, agricultural, and historical charter of the County while meeting Federal and State regulations for solar electric generating facility fencing as determined by the Zoning Administrator upon approval of the site plan for the project. 3. The applicant shall preserve and maintain both existing forest and vegetation as well as planted landscape buffering and shall not clear or cut live trees within required setbacks or buffer yards except as necessary to avoid shading of solar panels as approved by the Zoning Administrator. 6 4. The applicant shall submit an Emergency Response Nan with the first submission of the site plan, which shall detail fire suppression methods that will be immediately deployed during both construction and operation of the facility. The plan shall include a training program to be provided, at the discretion of the County, to County emergency response staff with regards to safety for on-site emergency response. The applicant shall install a Knox Box at the facility to ensure emergency responders have access to the facility should the need arise and include plans for the same on the project site plan. 5. The applicant shall conserve topsoil on the site to the maximum extent feasible. Topsoil stockpiled on the site shall be stored out of view from adjacent properties and public roads. 6. Hours of operation for construction activities to be limited to 7:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays. No construction to occur on Sundays. 7. The applicant shall submit a Stormwater Management Plan and an Erosion and Sediment Control Plan with the submission of the final site plan. The applicant shall reimburse the County for reasonable costs related to retaining such third-party inspectors as deemed necessary for project inspections. 8. Prior to issuance of any construction permit, the applicant shall submit the concurrence of the completed and provided Phase I Cultural Resource Assessment from the Virginia Department of Historical Resources. 9. The applicant shall submit an invasive species management plan as recommended by DCR with the submission of the final site plan. 10. The applicant shall host at least two separate job fairs within Isle of Wight County to hire for the created jobs referenced in the applicant's permit narrative. These job fairs will be planned, located, and scheduled in consultation with County staff. 11. The applicant shall submit a seed mix for site groundcover that includes native pollinators blooming in spring/summer as recommended by DCR with the submission of the final site plan. 12. A sign shall be installed at the entrance of the site with contact information for the facility. 13. Vegetation planted in the landscape buffer to provide visual screening shall be a minimum of eight (8) feet tall at the time of planting, if available at local nurseries. If 8' trees and evergreens are locally unavailable, the applicant shall install vegetation with a minimum height of six (6) feet tall at the time of planting 14. The vegetation and security fencing shall be installed within sixty days of commencement of construction in all areas along Orbit Road where their placement will not interfere with the installation of the facility. All other areas of vegetation and security fencing will be installed prior to commercial operation. The motion was adopted unanimously (5-0) with Supervisors Acree, McCarty, Grice, Rosie and Jefferson voting in favor of the motion and no Supervisors voting against the motion. B. Proposed Revisions to the Isle of Wight County Zoning and Subdivision Ordinances Amy Ring, Director of Community Development, reviewed proposed changes to the Zoning and Subdivision ordinances. Chairman Jefferson opened the public hearing and called for persons to speak in favor of or in opposition to the proposed changes. Erin Millican, 156 Liberty Way, requested the Board to table the proposed changes and allow him an opportunity to get with staff regarding curvilinear project segments which abut RPA boundaries. Ben Stagg, land surveyor, spoke in support of the land changes. Branch Lawson, East West Partners, spoke against anything that might make it more difficult to build or buy in the County. Chairman Jefferson closed the public hearing and called for comments from the Board. Supervisor McCarty moved to table the proposed Ordinance amendments. The motion was adopted unanimously (5-0) with Supervisors Acree, McCarty, Grice, Rosie and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor McCarty moved to approve the following Subdivision Ordinance excluding 5.11.1 and 5.11.4: AN ORDINANCE TO AMEND AND REENACT THE FOLLOWING SECTION 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 8 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 specific section of Article III of Appendix A, Subdivisions, of the Isle of Wight County Code be amended and reenacted as follows: Article 3. Administration and Procedures 3.2. Review and approval procedures. 3.2.1. General. A. Authority to file applications. 1. Applications may be initiated by the owner of the land being subdivided or the owner's authorized representative. The subdivision agent may require an applicant to present evidence of authority to submit the application. 2. All real estate taxes and any outstanding fees or charges shall be current prior to submission of an application for any activity regulated under this ordinance. B. Pre-application conference. 1. Before submitting an application for development approval, it is recommended that each applicant schedule a pre-application conference with the subdivision agent to discuss the procedures, standards and regulations required for development approval in accordance with this ordinance. 2. A mandatory pre-application conference with the subdivision agent shall be required for the following development reviews: a. Any subdivision that will require public infrastructure; and b. All applications for major subdivision. C. Application requirements. The following requirements shall apply to all applications for subdivision approval. Applications for re-approval of an expired approval shall be processed in the same manner as any other application. 1. Forms. Applications required under this ordinance shall be submitted on forms and in such numbers as required by the appropriate department. All forms shall include, at a minimum, the following information: a. Contact information for the individual or firm submitting the application and all property owners, including principals of a corporation or other entity; b. Contact information for the individual or firm on whose behalf the application is being submitted; 9 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: 1. The applicable requirements of this ordinance; 2. That the applicant has submitted all of the information he/she intends to submit; and 3. That the application represents precisely and completely what the applicant proposes to do. 10 • 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. 6. Administrator's comments--Term of validity. a. The Administrator's comments or commitments on a proposed plat or construction plan that did not achieve approval shall maintain efficacy for six months from the date the comments are rendered. After this period, these comments or commitments shall be void. 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 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; 11 3) A phone number to contact the county; and 4) A statement that interested parties may appear at the public hearing. b. Posted notice. In addition to notice of hearings as required by the applicable statutes of the Commonwealth of Virginia, when posted notice is required, the applicant must erect on or immediately adjacent to, the subject property a sign or signs as specified below giving public notice of the action required. 1) The sign must meet the following criteria: [a) Reserved.] b) The wording, size and color of such sign shall be as specified by the subdivision agent and approved by the board of supervisors. c) One (1) sign must be erected so as to be visible and legible to each abutting public street. where the property has extensive road frontage, one (1) sign shall be erected for each five hundred (500) feet of frontage. d) When a property has no frontage directly on a public street, it shall be posted adjacent to the nearest public street from which future access is contemplated. 2) Signs must be erected at 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 12 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 Board of Commission Supervisors Waiver Public Public meeting meeting Subdivision ordinance text amendment Public hearing Public hearing Appeal of administrative decision Public hearing F. Notice of decision. Within fourteen (14) days after a decision is made, a copy of the decision shall be sent to the applicant. G. Withdrawal or postponement of application. 1. An applicant may withdraw an application at any time, by filing a statement of withdrawal with the subdivision agent. 2. The statement of withdrawal shall be signed by all persons who signed the application, or in the event of death or incompetence, by the estate's lawful personal representative. 3. An applicant may postpone a scheduled hearing once per application for up to ninety (90) days after the date the first hearing was scheduled to occur, after which the subdivision agent may withdraw the application. 3.2.2. Interpretation of this ordinance. A. Applicability. When uncertainty exists, the subdivision agent shall be authorized to make all interpretations concerning the provisions of this ordinance. B. Deferral of interpretation. The subdivision agent may defer interpretations of this ordinance to the appropriate county officials. C. Application requirements. A request for interpretation shall be submitted in writing. D. Action by subdivision agent. The subdivision agent shall: 1. Review and evaluate the request in light of the text of this ordinance, the zoning ordinance, the comprehensive plan and any other relevant information. 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. 13 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.B, below. B. Exception to subdivision requirements. 1. Actions eligible for exception. Upon submittal of a survey plat prepared by a licensed professional, the subdivision agent may grant an exception allowing one (1) or more of the following actions without further compliance with the requirements of this ordinance. However, this shall not be construed as an exemption from this ordinance. a. Agricultural, horticultural, or silvicultural. The division of land into parcels greater than ten (10) acres for bona fide agricultural, horticultural, or silvicultural purposes where no street right-of-way dedication is involved and where there is no change in the intensity of use, provided such divisions shall have the following notation prominently set forth on the recorded plat: "Residential development on any lots shown will require Residential Zoning pursuant to Section 3.2.3.0 of the Subdivision Ordinance of Isle of Wight County, Virginia, as amended." b. Lots not fronting on a public road. 1) Subject to the required zoning, the division of a tract in single ownership into two (2) lots not fronting a public road, where a twenty-foot access easement is provided, and both lots comply with the requirements of this ordinance. 2) Subject to the required zoning, the division of a tract for commercial lots not fronting on a public road provided that the lots front on a private road that is built to the minimum VDOT street standards, and where the private road shall be maintained by adjacent property owners and guaranteed in writing with a private road maintenance agreement. This agreement shall be revised upon any change in ownership and prior to any additional subdivision approval on lots served by the private road. c. Boundary line adjustments. 1) The public acquisition of strips of land for the widening or opening of streets. 2) The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots does not increase and each resulting lot conforms to the requirements of this ordinance and applicable requirements 14 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 is executed by the owner or owners of such land as provided in Section 15.2-2264 of the Code of Virginia; (b) The adjustment does not result in any new violations to the dimensional requirements of the zoning ordinance; (c) The adjustment does not involve the relocation or alteration of streets, alleys, easements for public passage, or other public areas; and (d) 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. 15 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 agent noting their exception, and signed so they may be recorded with the clerk in conformance with section 3.2.3.D, 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. 16 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) 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 17 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. I) 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. 18 o) Manufactured homes, Class A and 6, and residential accessory apartments shall require a conditional use permit. D. Plat approval and recordation required. 1. All subdivision plats within the county must be submitted, approved, and certified by the subdivision agent in conformance with this ordinance prior to recordation with the clerk of the circuit court of Isle of Wight County. 2. A plat or other instrument showing the approved division of any land subdivided within Isle of Wight County shall be recorded with the clerk of the circuit court of Isle of Wight County within six (6) months of final plat approval. Plat approval shall be deemed void if the plat is not recorded within this period, and a new application for final plat approval shall be required prior to recordation. However, in any case where construction of facilities to be dedicated for public use has commenced pursuant to an approved plan or permit with surety approved by the county, or where the developer has furnished surety to the county by certified check, cash escrow, bond, or letter of credit in the amount of the estimated cost of construction of such facilities, the time for plat recordation shall be extended to one (1) year after final approval or to the time limit specified in the surety agreement approved [by the] county, whichever is greater. The following language shall be prominently stamped on the face of the approved plat and certified by the subdivision agent: "This subdivision plat has been found to be in conformance with the Isle of Wight County Subdivision Ordinance and must be - recorded with the Office of the Clerk of Circuit Court of Isle of Wight County within six months of the date of approval. Approval will be deemed void after six months and the plat must be resubmitted for approval." Date of Approval: Subdivision Agent: 3. No lot shall be transferred by deed in any subdivision before the subdivision plat has been recorded. 4. No land dedicated to the county, as shown on the plat, shall be accepted by the county unless and until the agent has accepted the dedication. Such acceptance of dedication shall be evidenced by signature of the subdivision agent after the following notation on the recorded plat: "I, the Director of Planning and Zoning for the Isle of Wight County, Virginia, as Subdivision Agent, do hereby accept the dedication(s) made to Isle of Wight County, Virginia, as set forth herein." 5. Other signatures or approval certifications may be required prior to plat recordation. 3.2.4. Subdivision, family member. 19 A. The subdivision agent may approve a family member subdivision subject to the provisions of this section, and any express requirement contained in the Code of Virginia (see specifically Section 15.2-2244, et seq. of the Code of Virginia). The purpose of a family member subdivision may not be to circumvent this ordinance or other county regulations. To approve an application for family member subdivision, the subdivision agent must find the following: 1. The property owner requesting the family member subdivision shall hold fee simple title to the subject property. 2. No person who has previously received land within the county via family member subdivision is eligible to receive additional land through family member subdivision. 3. The approval shall include the proposed deed(s) of sale or transfer from the property owner to the receiving family member. 4. No more than one (1) lot 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. 5. 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. 6. No singular subdivision shall extend over a political boundary line. 7. 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. 8.. 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. 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 20 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. 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. 21 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: a. Boundary lines of the subject property. b. Existing land conditions to include: 1) existing topography at a maximum of ten-foot contour intervals; and 2) soils information. c. Zoning of the subject property and adjacent parcels. d. Location of entrances and points of ingress and egress. e. 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 22 subdivider, subdivision agent, planning commission, or the board of supervisors. 3.2.6. Subdivision, preliminary plat review and approval. A. Applicability, preliminary plat required. A preliminary plat shall be required for all subdivisions of fifty (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 3.2.1.6). 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. 23 1. Minor subdivisions. Any subdivision involving fewer than ten (10) lots which satisfies the following requirements may be considered a minor subdivision: a. No new public or private streets are created; b. No public stormwater facilities for water quality or quantity are required; and c. No new public utilities are to be installed. 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—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.1, 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 24 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 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.H, above). 25 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, 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 between8 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. 26 5. Any additional county requirements for construction plans. D. Action by subdivision agent. 1. The subdivision agent shall distribute the construction plan application to the applicable review bodies for review and approval. 2. The subdivision agent and other review bodies shall review the construction plan application for conformance with the approved proffered conditions, the approved preliminary plat and all other applicable county, state, and federal requirements. 3. Within sixty (60) days of receipt of the completed application, the subdivision agent shall provide written comments to the applicant indicating areas where the application is not conforming with county requirements. 4. The applicant shall have one hundred twenty (120) days to correct the errors on the application. This time period may be extended by the subdivision agent for up to sixty (60) days for a total period of up to one hundred eighty (180) days upon written request by the applicant. 5. The subdivision agent may approve or deny the application at the end of the time period. 6. Within forty-five (45) days of receipt of a resubmittal of plans previously disapproved, the subdivision agent shall provide written comments to the applicant indicating areas where the application is not conforming with county requirements, or approval of the plans if applicable. E. Appeal of subdivision agent decision. Appeal of a decision by the subdivision agent (or any other administrative decision) may be taken in conformance with section 3.2.12, appeal of administrative decision. F. Duration of construction plan validity. An approved construction plan shall remain valid for five (5) years, if: 1. A permit to begin development pursuant to the construction plan, such as a building permit or zoning permit, has been issued within twelve (12) months of construction plan approval, and has remained continuously valid; and 2. Building or land disturbing activity has begun on the property. 3. No major modifications to the layout were made on the final plat that would affect the construction plan. 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). 27 2. In the case of an application for final plat approval for a minor subdivision (see section 3.2.6.D.1), the subdivision agent may allow the approved preliminary plat to serve as the final plat provided all required notes and certifications are inserted in conformance with this section. B. Application requirements. 1. General. a. An application for the final plat shall be filed in conformance with section 3.2.1.C. A listing of the minimum required information to be included in the preliminary plat may be found in article 4, plat requirements and more specifically in section 4.2.4, final plat requirements. b. All required application and review fees shall be paid by the applicant. A current list of required fees is available from the planning and zoning department. 2. Preparer. The final plat shall be prepared by a land surveyor or other person(s) licensed by the state board for the examination and certification of architects, professional engineers and land surveyors to do "land surveying" as defined by Section 54.1-406 of the Code of Virginia, as amended, who shall endorse upon each plat a signed certificate setting forth the source of the title of the land subdivided, and the plat of record of the last instrument in the chain of title. When the proposed plat is comprised of land acquired from more than one (1) source of title, the outlines of the several tracts shall be indicated upon the final plat, within an inset block, or by means of a dotted boundary line upon the final plat. 3. Owner's statement. In conformance with Section 15.2-2264 of the Code of Virginia, every such final plat, or the deed of dedication to which the final plat is attached, shall contain a statement to the effect that the subdivision as it appears on this final plat is with the free consent and in accordance with the desires of the owners, proprietors and trustees, if any. This statement shall be signed by the owners, proprietors and trustees or their duly authorized agent, and shall be duly acknowledged before some officer authorized to take acknowledgements of deeds. If the final plat is incorporated by reference to a deed, the signatures of the owners on the deed will suffice to show that the subdivision is with their free consent and in accordance with their desires. C. Approving authority. The subdivision agent shall be responsible for final action on all final plat applications. D. Action by the subdivision agent. 1. Upon receipt of a completed application,the subdivision agent shall forward the final plat documents to the appropriate entities for review. 2. The subdivision agent shall have sixty (60) days to review the application and approve the final plat as is, approve it subject to 28 additional corrections, defer action for additional information and corrections, or deny it. 3. The final plat shall be approved by the subdivision agent if it meets the following criteria: a) Conforms with all of the provisions and requirements of this ordinance, proffered conditions, the zoning ordinance, and other applicable county rules and regulations; b) Conforms with the approved preliminary plat; c) Conforms with approved construction plans; d) Required improvements have been satisfactorily installed and completed or an acceptable performance guarantee has been filed with the county (see section 3.2.8.E, below). 4. Approved or corrected final plats shall be certified by the subdivision agent denoting approval. 5. Within forty-five (45) days of receipt of a resubmittal of plans previously disapproved, the subdivision agent shall provide written comments to the applicant indicating areas where the application is not conforming with county requirements, or approval of the plans if applicable. E. Performance guarantee. In lieu of installing and completing all required public improvements, the subdivision agent may approve a performance bond, cash, cash bond, or other acceptable performance guarantee to cover the costs of necessary improvements, 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 29 County within six (6) months of the date of final approval, or it is void (see section 3.2.3.D, 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: 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. 30 4. Boundary lines may be vacated in conformance with [section] 3.2.3.6, 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. 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. 31 2. The applicant shall be present at the meeting to respond to questions. 3. Following the hearing on the application, the board of supervisors may approve, approve with conditions, deny, or continue an application. E. Criteria for waiver. To approve a request for waiver, the board of supervisors shall make an affirmative finding that all of the following criteria are met: 1. That granting the waiver will not have an adverse impact on land use compatibility; 2. That strict adherence to the general regulations would result in substantial injustice or hardship; 3. The waiver has not been opposed in writing by the county, VDOT engineer, or health official; 4. That granting the administrative waiver shall be consistent with the purposes and intent of this ordinance. 3.2.11. Ordinance text amendment. A. Applicability. 1. The board of supervisors shall consider amendments to the text of this ordinance, as may be required from time to time. 2. Amendments to the text of this ordinance shall be made in accordance with the provisions of this section and Section 15.2- 2223 et seq. of the Code of Virginia. 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. 32 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. 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 • 33 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; 8-8-19; 9-17-20; 3-18-22) The motion was adopted unanimously (5-0) with Supervisors Acree, McCarty, Grice, Rosie and Jefferson voting in favor of the motion and no Supervisors voting against the motion. The Board took a recess and upon returning to open session, Chairman Jefferson called for the County Administrator's report. Jamie Oliver, Transportation Planner, provided an update of recently completed transportation capital projects and studies and reviewed upcoming transportation grant opportunities. Matters for the Board's information included the following: Development Activity Report — March 2022 Incidents by Zone Data — February 2022 Incidents by Zone May— February 2022 Station Activity Report— February 2022 Website Statistics— February 2022 Museum Report— February 2022 34 • UNFINISHED/OLD BUSINESS On the subject of a proposal received regarding a farmer's market, Supervisor Grice moved to form a Task Force to include the Department of Economic Development, the Economic Development Authority, the Commissioner of Revenue, the Town of Smithfield, attorneys and two members of the Board of Supervisors and that the Task Force return with the data in sixty days (Task Force members are to be appointed at the Board's work session of April 7, 2022). The motion was adopted unanimously (4-1) with Supervisors Acree, McCarty, Grice and Rosie voting in favor of the motion and Supervisor Jefferson voting against the motion. The primary mission of this Task Force is not to decide on the project or if any portion of the project should go forward, rather it is to look at the study to determine if it has merit and, if so, what a partnership between the Town of Smithfield and the County might look like. NEW BUSINESS Michelle Clark, Director of Human Resources, addressed the Board regarding the FY2022-23 health insurance renewal and recommended the Board adopt a Resolution to Approve the Employee Health Insurance Plan Offerings for Fiscal Year 2022-23. Supervisor Grice moved that the following Resolution be adopted: RESOLUTION TO APPROVE THE EMPLOYEE HEALTH INSURANCE PLAN OFFERINGS FOR FISCAL YEAR 2022-2023 WHEREAS the next Employee Health Insurance Plan Year takes effect July 1, 2022; and, WHEREAS, the County participates in The Local Choice Health Insurance Program through Anthem and offers three plans; and, WHEREAS, The Local Choice Anthem Key Advantage 250 Plan, Key Advantage 500 Plan, and High Deductible Health Plan (with Health Savings Account) are recommended to the Board of Supervisors as the three plan offerings available for the plan year beginning July 1, 2022. NOW, THEREFORE, BE IT RESOLVED that the Health Insurance Plan offerings of The Local Choice Anthem Key Advantage 250 Plan, Key Advantage 500 Plan, and High Deductible Health Plan (with Health Savings Account) are available for employees with employer and employee contribution rates effective July 1, 2022 as referenced in the attached exhibit. BE IT FURTHER RESOLVED that eligibility for participation in the Health Insurance Plan offerings is as follows: All regular full-time employees of the County,to include Appointees and Registrar, as well as elected officials to include Constitutional Officers and Board of Supervisors members, as well as local state-supported employees of the Isle of Wight Department of Social Services. 35 The motion was adopted unanimously (5-0) with Supervisors Acree, McCarty, Grice, Rosie and Jefferson voting in favor of the motion and no Supervisors voting against the motion. George Rawls, Chairman, Stormwater Advisory Committee, requested authorization to begin a Stormwater Management Grant Pilot Program similar to the one utilized by James City County. Supervisor McCarty moved that staff be authorized to move forward with the development of the Pilot Program. The motion was adopted unanimously (5-0) with Supervisors Acree, McCarty, Grice, Rosie and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Following up on the Board's action at its regular meeting of February 17, 2022 for staff to return to the Board's March meeting with an outline of how a Special Needs Commission will be formed, its makeup and its mission statement, Supervisor Acree moved to form a Citizens with Functional Needs Commission as presented and that the Board continue to work out the details required to make the Commission successful. The motion was adopted unanimously (5-0) with Supervisors Acree, McCarty, Grice, Rosie and Jefferson voting in favor of the motion and no Supervisors voting against the motion. CLOSED MEETING The following matter was identified for discussion in closed meeting by County Attorney Jones: A discussion regarding the performance of the County Attorney, pursuant to subsection 1. Upon motion of Supervisor McCarty and all voting in favor (5-0), the Board entered the closed meeting for the reasons stated by County Attorney Jones. Upon motion of Supervisor McCarty and all voting in favor (5-0), 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 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 and all voting in favor (5-0), 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 36 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, Grice, Jefferson, McCarty. Rosie NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 ADJOURNMENT At 11:15 p.m., Chairman Jefferson declared the meeting adjourned. 2101,107 (:vlit111(1,`f^ 561.01. Rudolph Jefferson, Chairman Carey Mills Storm, Clerk 37