05-18-2023 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 EIGHTEENTH DAY OF MAY IN THE YEAR TWO THOUSAND AND
TWENTY-THREE
BOARD MEMBERS PRESENT:
William M. McCarty, District 2, Chairman
Joel C. Acree, District 4, Vice -Chairman
Richard L. Grice, District 1
Don G. Rosie, II, District 5
Rudolph Jefferson, District 3
STAFF MEMBERS PRESENT:
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Robert W. Jones, Jr., County Attorney
Carey Mills Storm, Clerk
CALL TO ORDER
Chairman McCarty called the regular meeting to order at 5:00 p.m.
APPROVAL OF AGENDA
Supervisor Jefferson moved to approve the agenda as presented. The motion was
adopted unanimously (5-0).
CLOSED MEETING
County Attorney Jones requested a closed meeting pursuant to Section 2.2-3711(A)
of the Code of Virginia on the following: Consultation with legal counsel employed
by the Board regarding specific legal matters requiring the provision of legal advice
by such counsel, namely negotiations of siting agreements applicable to solar
projects, and recent FOIA rulings from Supreme Court, pursuant to subsection 8; a
discussion regarding the appointment of specific appointees to County boards,
committee or authorities as set forth in the agenda, pursuant to subsection 1; and,
consultation with legal counsel regarding actual or probable litigation regarding
Building Inspections, Chesapeake Bay Preservation Area, Zoning Violations, and
Drainage Outfalls, where such consultation would adversely affect the negotiating
or litigation posture of this public body pursuant to subsection 7.
Supervisor Jefferson moved to enter the closed meeting for the reasons stated by
County Attorney Jones. The motion was unanimously adopted (5-0).
Upon motion of Supervisor Jefferson 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
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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 Vice -Chairman Acree 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
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
INVOCATION
Reverend Spratley of Pulaski Baptist Church in Carrsville delivered the invocation
and led the Pledge of Allegiance to the flag.
CITIZENS' COMMENTS
Chris Cavallo of Virginia Beach presented ideas to make the Smithfield Farmer's
Market more successful.
Herb DeGroft of Mill Swamp Road suggested that Hardy Elementary and Westside
Elementary schools be renovated and utilized as living quarters by senior citizens.
He further suggested that Supervisor Grice be appointed to serve on a Senior Living
Complex Task Force.
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CONSENTAGENDA
On motion of Vice -Chairman Acree, the Consent Agenda, as presented and follows,
was adopted unanimously (5-0):
A. Resolution to Amend the FY2022-2023 Operating Budget and
Appropriate Funding from Virginia Tourism Corporation ($5,000)
B. Resolution to Amend the FY2022-2023 Operating Budget and
Appropriate Funding from Virginia Tourism Corporation ($20,000)
C. Resolution to Amend the FY2022-2023 Operating Budget for the
Assistance to Firefighters Grant ($959,020) to purchase self-contained
breathing apparatus for the County's Fire Departmentsh
D. Resolution to Amend the FY2022-2023 Operating Budget and
Appropriate Funding from the Unspent Committed Fund Balance to
the General Fund Budget ($70,326) to facilitate ecommerce in the
Inspections Department
E. Resolution to Adopt Revisions to the County Policy Manual
F. Memorandum of Agreement with the Isle of Wight Bicycling
Volunteers
G. Resolution to Establish a Proposed Sick Leave Bank Policy
H. Resolution to Adopt a Multimodal Transportation Safety Goal of Vision
Zero
I. 2022 Wetlands Board Annual Report
J. Minutes
March 16, 2023 Regular Meeting Minutes
April 20, 2023 Regular Meeting Minutes
REGIONAL AND INTER -GOVERNMENTAL REPORTS
Vice -Chairman Acree reported on the most recent Southern Isle of Wight Citizens'
Association well attended meeting held last evening (Wednesday, May 17, 2023).
He applauded those in attendance for being polite.
Vice -Chairman Acree reported on items discussed at the most recent meeting of
the Hampton Roads Planning District Commission regarding the location of water
level sensors along Route 17 at the James River Bridge at King's Cove Way, Route
460, in Smithfield and at the Blackwater River in Franklin. He directed those
interested in obtaining flood insurance to the getfloodfluent.org website. Further
discussed was a lack of affordable housing in the region.
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Chairman McCarty advised that members of the HRTPO received a report advising
that a model of the tunnel boring machine is located in the lobby of the HRTPO and
HRPDC. He further advised that construction of the boring of the Hampton Roads
bridge tunnels has begun.
APPOINTMENTS
Supervisor Rosie moved that Robert Elely, III be recommended to the Circuit Court
Judge for a one-year term on the Equalization Board representing District 5. The
motion was adopted unanimously (5-0) with Supervisors McCarty, Acree, Grice,
Jefferson and Rosie voting in favor of the motion and no Supervisors voting against
the motion.
Supervisor Rosie moved that Jessica York be appointed to serve on the Commission
on Aging representing District 5. The motion was adopted unanimously (5-0) with
Supervisors McCarty, Acree, Grice, Jefferson and Rosie voting in favor of the motion
and no Supervisors voting against the motion.
SPECIAL PRESENTATIONS
County Administrator Keaton presented a Resolution to Designate May 21-27, 2023
as Emergency Medical Services Week.
On motion of Supervisor Jefferson, the following Resolution was adopted
unanimously (5-0) with Supervisors McCarty, Acree, Grice, Jefferson and Rosie
voting in favor of the motion and no Supervisors voting against the motion:
RESOLUTION TO DESIGNATE
THE WEEK OF MAY 21 - 27, 2023 AS
EMERGENCY MEDICAL SERVICES WEEK
WHEREAS, Emergency Medical Services (EMS) Week was originally authorized by
President Gerald Ford on November 4, 1974; and,
WHEREAS, emergency medical services (EMS) are a vital public service; and,
WHEREAS, the members of EMS teams are ready to provide lifesaving care to those
in need 24 hours a day, seven days a week; and,
WHEREAS, access to quality emergency care dramatically improves the survival and
recovery rate of those who experience sudden illness or injury; and,
WHEREAS, EMS has grown to fill a gap by providing important, out of hospital care,
including preventative medicine, follow-up care, and access to telemedicine; and,
WHEREAS, the EMS system consists of first responders, emergency medical
technicians, paramedics, emergency medical dispatchers, firefighters, police
officers, educators, administrators, pre -hospital nurses, emergency nurses,
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emergency physicians, trained members of the public, and other out of hospital
medical care providers; and,
WHEREAS, the members of EMS teams, whether career or volunteer, engage in
thousands of hours of specialized training and continuing education to enhance
their lifesaving skills; and,
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of
Isle of Wight, Virginia recognize the value and the accomplishments of EMS
providers and hereby designate the week of May 21-27, 2023 as Emergency
Medical Services Week.
Danny Byrum, County Fair Committee Chairman, provided an update from the
Spring events at the Fairgrounds and preparations for the upcoming County Fair.
COUNTY ATTORNEY'S REPORT
County Attorney Jones advised that the following matters will be presented for the
Board's consideration at its June 1, 2023 work session: A proposed code
enforcement revision, short-term rental ordinance, firearms issues, and use of
recreational vehicles (occupancy).
PUBLIC HEARINGS
A. Prairie Solar, LLC Conditional Use Permit Application and Agricultural &
Forestal District Withdrawal Request (Longview A/F District) Application of
Prairie Solar, LLC, a Subsidiary of Energix, US, Applicant, and Everets
Properties, Inc., Property Owner, for a Conditional Use Permit to Establish a
Major Utility Service, Specifically a 20 MW Utility -Scale Solar Facility, on 152
Acres Located at 19604 Longview Drive in the Rural Agricultural Conservation
(RAC) Zoning District and a Request for Withdrawal of Approximately 103
Acres of Land Owned by Everets Properties, Inc., from the Longview
Agricultural/Forestal District.
Jeryl Phillips, Assistant Director of Planning & Zoning, provided an overview of the
application.
Chairman McCarty opened the public hearing and called for comments from those
in favor of or in opposition to the proposed application.
Alexis Ondash, Energix US, provided an overview of the project, to include
landscape and vegetation and the view at the access road.
Chris Cavallo of Virginia Beach spoke against the application stating that the panels
being used are already ten years old; the lithium substations located in the water
are dangerous; and, that DEQ has not yet developed its updated list of the local
current watersheds for the master plan.
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Laura Fletcher of Great Spring Road cautioned that places similar to the County are
prime candidates for abuse. She concurred with the proposed limitation limiting a
certain percentage to solar development in the County. She expressed concerns
with wildlife being affected from solar farms and concluded her remarks by
thanking the Board for the improvements to the Fairgrounds.
David Tucker of District 3 provided a PowerPoint presentation citing various
concerns with the solar farm application.
Alexander Rose of Everetts Road, representing Everetts Properties, Inc., appearing
in support of the application remarked that her family has invested in the County
for many years and looks forward to any projects their land might be used for in
the future.
Rusty Rose, Vice President, Everetts Properties, Inc., addressed the Board stating
that the land under discussion tonight has been in his family for over 100 years and
in an effort to retain it in his family for as long as possible, they are considering new
opportunities that it can be utilized since the sawmill shut down in 2007 due to
economic reasons.
Chairman McCarty closed the public hearing and advised that the Board has been
provided with a packet of information which the applicant has not yet had an
opportunity to review. A short recess followed to allow the applicant time to
review such information.
Alexis Ondash, Energix, USA, clarified for the record responsive to Mr. Tucker's
comments above advised that soil testing would be done prior to construction and
every five years; that this land is being leased and is 100% private investment; that
solar energy is the cheapest source of available energy; that the headquarters for
Energix, US is located in Arlington, Virginia with the parent company being located
in Israel; that there are currently seventy employees with over $550,000,000 in
American infrastructure; that the panels are the newest technology; and, that
farming will continue on the land. She confirmed that most of the equipment will
be procured from Ohio and concluded with advising that the picture taken by Mr.
Tucker of the Hickory site is located 1,000 feet from the road on a private drive.
There was general discussion by the Board and Supervisor Grice inquired if Energix,
US would be agreeable to signing a written statement confirming that the panels
would be made and purchased in America.
Domenica Sink, Senior Director of Product Development, responded that Energix,
US would be amenable with providing a written statement that the panels would
be made and purchased in American; when, consumers could anticipate a
reduction in their electric bills; the level of noise produced; the storage of energy
on the property; age of technology being utilized; recycling of panels; and, battery
storage on the property.
County Administrator Keaton referred to an incorrect statement made that 7.87%
of the total County land, which represents a total of 25 square miles, would be
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under solar by 2026. He clarified that the Board has discussed 2% of the prime
farmland which represents 2,200 acres of land.
Ms. Ring advised that the total number of panels that would be in the project areas
consisting of the seven solar projects that are either approved or currently under
consideration represents 2,619 acres.
On motion of Vice -Chairman Acree, the application was tabled to the Board's June
regular meeting. In the meantime, staff is to research answers to questions posed
tonight and other information that was provided. The motion was adopted
unanimously (5-0):
County Administrator Keaton presented a Resolution to Amend the Budget and
Appropriate Funding for Construction Related to the Hardy Elementary School
($2,299,358) associated to the water pump station for the Board's consideration.
Chairman McCarty opened the public hearing and called for comments in favor of
or in opposition to the proposed resolution.
No one appeared and spoke.
Chairman McCarty closed the public hearing and called for comments from the
Board.
On motion of Vice -Chairman Acree, the following Resolution was adopted
unanimously (5-0) with Supervisors McCarty, Acree, Grice, Jefferson and Rosie
voting in favor of the motion and no Supervisors voting against the motion:
RESOLUTION TO AMEND THE FY2022-2023 BUDGET
AND APPROPRIATE FUNDING
FOR HARDY ELEMENTARY SCHOOL CONSTRUCTION
WHEREAS, the Hardy Elementary School water pump station must be replaced to
in order to serve the new Hardy Elementary School; and,
WHEREAS, other unforeseen expenses have been identified that will be required
outside of the current contract for construction of the new Hardy Elementary
School, and,
WHEREAS, the Board of Supervisors needs to budget and appropriate funding in
the amount of $764,848 from bond funds, $1,441,091 from voluntary proffer
funds, $36,220 from an Isle of Wight County Schools contribution, and $57,199
from a contractor's contribution for costs related to the Hardy Elementary School
construction.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors
of Isle of Wight County, Virginia that the FY 2022-2023 Capital Fund Budget is
hereby amended, and funds appropriated in the amount of $2,299,358 for Hardy
Elementary School construction.
BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County,
Virginia is authorized to make the appropriate accounting adjustments and to do
all things necessary to give this resolution effect.
COUNTY ADMINISTRATOR'S REPORT
County Administrator Keaton advised that Sheriff Clarke was unable to be present
tonight and the issue of True Blue School Zone speed enforcement was tabled to
the Board's June 15, 2023 regular meeting.
Vice -Chairman Acree advised that he will be unable to attend the 2023 VACo
regional meeting on the 28" due to a conflict with his calendar. Chairman McCarty
offered to attend on his behalf and asked that any Board member interested in
attending the meeting to advise County Administrator Keaton.
UNFINISHED/OLD BUSINESS
Ms. Ring reviewed proposed changes to the Solar Energy Facility Ordinance related
to the effect of distance on noise levels; the impact to nearby property values and
whether the County's emergency services personnel has received any training on
solar facility emergency management.
Vice -Chairman Acree recommended that the County be offered an amount equal
to the industry standard for training.
Supervisor Grice recommended that the expertise of the Volunteer Fire and Rescue
Association be used for general training at the solar sites.
Supervisor Grice moved that the following Ordinance be adopted:
AN ORDINANCE
TO AMEND AND REENACT SECTION 2-1002 (DEFINITIONS) AND
SECTION 5-5003.M.4 (UTILITY SCALE SOLAR ENERGY FACILITIES) OF
APPENDIX B (ZONING) OF THE CODE OF THE COUNTY OF ISLE OF
WIGHT, VIRGINIA
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.
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NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors that Section 5-5003.13 (Cemetery) of Appendix B (Zoning) of the Isle of
Wight County Code be amended and reenacted as follows:
Sec. 2-1002. Definitions.
When used in this ordinance the following terms shall have a meaning as
ascribed herein:
Abutting.\ Having a common border with, or being separated from such
common border by right-of-way, alley or easement.
Access, pedestrian.\ The right to cross between public and private property,
allowing pedestrians to enter and leave property.
Access, vehicular.\ A means of vehicular approach or entry to or exit from
property, from a street or highway.
Accessory building.\ A subordinate building customarily incidental to and
located upon the same lot occupied by the principal building. When an accessory
building is attached to the principal building in a substantial manner, as by a wall
or roof, such accessory building shall be considered a part of the principal building.
An accessory building is no longer considered subordinate if it exceeds the size of
the principal building.
Accessory use.\ A use customarily incidental and subordinate to, and on the
same lot as a principal use.
Administrator.\ See "zoning administrator."
Alley.\ A right-of-way that provides secondary service access for vehicles to the
side or rear of abutting properties.
Alteration.\ Any change or rearrangement of supporting members of an
existing building, such as bearing walls, columns, beams, girders or interior
partitions, as well as any change in doors or windows or any enlargement to or
diminution of a building or structure, whether horizontally or vertically, or moving
of a building or structure from one (1) location to another.
Alternate discharge sewage system.\ Any device or system which results in a
point source surface discharge of treated sewage with flows less than or equal to
one thousand (1,000) gallons per day on a yearly average. These systems are
regulated by the Virginia Department of Health and under a general Virginia
Pollution Discharge Elimination System (VPDES) permit issued by the Virginia
Department of Environmental Quality (DEQ).
Amend or amendment.\Any repeal, modification or addition to a regulation;
any new regulation; any change in the number, shape, boundary or area of a zone
or zoning district; or any repeal or abolition of any map, part thereof or addition
thereto.
Amenity space.\ Space devoted to such uses as uncovered open space for
public enjoyment consisting of such things as, but not limited to: Green areas,
gardens, malls, plazas, walks, pathways, promenades, arcades, lawns, fountains,
decorative plantings, passive or active recreational areas. Such space shall not
include parking or maneuvering areas for vehicles. Area devoted to this purpose
shall be easily and readily accessible to the public or residents of the development.
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In areas where pedestrian walkways are shown on an approved and adopted
master plan such area within the percentage required for amenity space as is
necessary shall be devoted to the provision of pedestrian walkways or paths for
general public use.
Anchor store.\ A store that acts as the major retailer and brings in the majority
of business within a shopping center, mall or similar commercial complex.
Antenna.\ A device in which the surface is used to capture an incoming and/or
transmit an outgoing radio -frequency signal. Antennas shall include the following
types:
1. Omnidirectional (or "whip") antenna. An antenna that receives and
transmits signals in a 360-degree pattern.
2. Directional (or "panel") antenna. An antenna that receives and
transmits signals in a directional pattern typically encompassing an arc
of one hundred twenty (120) degrees.
3. Dish (or parabolic) antenna. A bowl -shaped device, less than two (2)
meters in diameter, that receives and transmits signals in a specific
directional pattern.
Arcade.\ A covered passage having an arched roof.
Attic.\ The area between roof framing and the ceiling of the rooms below that
is not habitable, but may [be] used for storage or mechanical equipment.
Improvement to habitable status shall make it a story.
Automobile.\ See "motor vehicle."
Base density.\ The maximum number of dwelling units permitted outright by a
particular land -use classification.
Base flood\ The flood having a one -percent chance of being equaled or
exceeded in any given year.
Base flood elevation.\The Federal Emergency Management Agency designated
one -percent annual chance water surface elevation. The water surface elevation of
the base flood in relation to the datum specified on the community's flood
insurance rate map. For the purposes of this ordinance, the base flood is 100-year
flood or one -percent annual chance flood.
Basement.\ That portion of a building that is partly or completely below grade.
A basement shall be counted as a story if its ceiling is over six (6) feet above the
average level of the finished ground surface adjoining the exterior walls of such
story, or if it is used for business or dwelling purposes. For the purposes of
floodplain management, any area of the building having its floor subgrade (below
ground level) on all sides.
Billboard.\ See "sign, billboard."
Block.\ That property abutting one (1) side of a street and lying between the
two (2) nearest intersecting streets or the nearest intersecting street and railroad
right-of-way, river, or between any of the foregoing and any other manmade or
natural barrier to the continuity of development.
Board of supervisors.\ Governing body of Isle of Wight County. Also referred to
as the board.
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Board of zoning appeals.\ The board appointed to review appeals made by
individuals with regard to decisions of the zoning administrator in the
interpretation of this ordinance. The board of zoning appeals is also authorized to
grant variances from provisions of the zoning ordinance in particular
circumstances.
Breezeway.\ A structure for the principal purpose of connecting the main
building or buildings on a property with other main buildings or accessory buildings.
Buffer\ or bufferyard. A natural open space or landscaped area intended to
separate and protect adjacent or contiguous uses or properties, including land uses
abutting highly traveled highway corridors, from noise, lights, glare, pollutants or
other potential nuisances.
Building.\ A structure with a roof designed to be used as a place of occupancy,
storage, or shelter.
Building, floor area.\ The total number of square feet area in a building,
excluding uncovered steps, and uncovered porches, but including the basement
and the total floor area of accessory buildings on the same lot.
Building, height.\ The height of a building is the mean vertical distance from
the average established grade in front of the lot or from the average natural grade
at the building line, if higher, measured to the roof line, defined as; the average
height of the top of the cornice of flat roofs, the deck line of a mansard roof, the
middle height of the highest gable or dormer in a pitched or hipped roof. If a
building is located on a terrace, the height above the street grade may be increased
by the height of the terrace. On a corner lot, the height is the mean vertical distance
from the average natural grade at the building line, if higher, on the street of
greatest width, or if two (2) or more such streets are of the same width, from the
highest of such grades.
Illustration of Building Height
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1
height
1
1
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to middle height of
highest gable or dormer to deck line to top of cornice
Pitched or Hipped Root
it
Building line.\ A line parallel to the front property line of a yard beyond which
the foundation wall and/or any enclosed porch, vestibule, or other enclosed
portion of a building shall not project, except as provided in subsection 5-2000.D,
supplementary density and dimensional requirements.
Building, main.\ See "principal building or structure."
Building official, superintendent of building inspections.\ The person
designated as the official responsible for enforcing and administering all
requirements of the Uniform Statewide Building Code in Isle of Wight County,
Virginia.
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Bulk regulations.\ Controls that establish the maximum size of buildings and
structures on a lot or parcel and the buildable area within which the structure may
be placed, including lot coverage, height, setbacks, density, floor area ratio, open
space ratio, and landscape ratio.
Caliper.\ A measurement, in diameter, of plant material size. All plant material
requiring a caliper measurement shall be measured using diameter at breast height
(DBH), which is defined as four and one-half (4%) feet above the ground on the
uphill side of the tree or plant.
Camping site.\ Any plot of ground within a campground used or intended for
occupation by the camping unit.
Camping unit.\ A tent, tent trailer, camping trailer, pickup camper, motor
home, recreational vehicle or any other commonly used temporary shelter device
used as temporary living quarters or shelter during periods of recreation, vacation,
leisure time or travel. To qualify as a camping unit, vehicular and mobile units shall
be eligible to be currently licensed and registered by a governmental body and shall
be legal to travel on Virginia highways without special permits for size, weight or
other reasons.
Canopy.\ A roof -like structure of a permanent nature which may be
freestanding or project from a wall of a building or its supports.
Canopy coverage.\ The percent of a fixed land area covered by the crown of an
individual plant exceeding five (5) feet in height and measured fifteen (15) years
from the date of installation. Or the percent of a fixed land area covered by the
outermost limits of the crown of a cluster of plants exceeding five (5) feet in height,
which create one (1) continuous area of coverage, measured fifteen (15) years from
the date of installation.
Carport.\ A permanent roofed structure not more than seventy-five percent
(75%) enclosed by walls and attached to the main building for the purpose of
providing shelter for one (1) or more motor vehicles.
Cellar.\ See "basement."
Certificate of occupancy.\ A document issued by the building official allowing
the occupancy or use of a structure and certifying that the structure and/or site has
been constructed and is to be used in compliance with all applicable plans, codes
and ordinances.
Channel.\ A natural or artificial watercourse with a definite bed and banks to
confine and conduct continuously or periodically flowing water.
Child.\ Any natural person under eighteen (18) years of age.
Chord.\ A line segment joining any two (2) points of a circle.
Circulation area.\ That portion of the vehicle accommodation area used for
access to parking or loading areas or other facilities on the lot. Essentially,
driveways and other maneuvering areas (other than parking aisles) comprise the
circulation area.
Co -location.\ The use of a single location structure and/or site by more than
one (1) wireless communications service provider.
Coastal A zone.\ Flood hazard areas that have been delineated as subject to
wave heights between one and one-half (1.5) feet and three (3) feet and identified
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on the flood insurance rate maps (FIRMS) as areas of limits of moderate wave action
(LiMWA).
Coastal high hazard area (CHHA).\ The portion of a coastal floodplain having
special flood hazards that is subject to high velocity waters, including hurricane
wave wash. The area is designated on the flood insurance rate map (FIRM) as zone
V1-30, VE or V (V-zones).
Combination use.\ A use consisting of a combination of one (1) or more lots
and two (2) or more principal uses separately listed in the district regulations.
Commercial vehicle.\ A vehicle designed to have more than two (2) rear wheels
on a single axle. This shall not apply to pickup body type trucks, passenger van type
vehicles, or to vehicles essential for an agricultural use associated with the
premises.
Community impact statement.\ A document required by the county which
outlines the impact a proposed development will have on environmental and
cultural resources, and county services, including, but not limited to, schools, fire
and rescue, and public utilities.
Conditional use.\ A conditional use is a use that, because of special
requirements or characteristics, may be allowed in a particular zoning district only
after review and recommendation by the planning commission and the granting of
conditional use approval by the board of supervisors imposing such conditions as
necessary to make the use compatible with other uses permitted in the same zone
or vicinity.
Deck.\ A structure, without a roof or walls, directly adjacent to a principal
building, which has an average elevation of thirty (30) inches or greater from
finished grade.
Development.\ Any manmade change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, the placement of
manufactured homes, streets, and other paving, utilities, filling, grading:
excavation, mining, dredging, drilling operations, or storage of equipment or
materials.
Display lot.\ An outdoor area where active nighttime sales activity occurs and
where accurate color perception of merchandise by customers is required. To
qualify as a display lot, one (1) of the following specific uses must occur: motor
vehicle sales, boat sales, recreational vehicle sales, gardening or nursery sales. Any
other use must be approved as display lot uses by the zoning administrator.
Dock or pier.\ Any structure extending into a body of water and used for
landing or launching watercraft, for fishing or for otherwise providing access to the
water.
Dripline.\ A vertical projection to the ground surface from the furthest lateral
extent of a tree's leaf canopy.
Driveway.\ A roadway providing access for vehicles to a parking space, garage,
dwelling, or other structure. A driveway serves only one (1) or two (2) lots.
Dwelling.\ A building, or portion thereof, designed or used exclusively for
residential occupancy, including single-family dwellings, two-family dwellings, and
multifamily dwellings, but do not include, hotels, motels, boarding and rooming
houses, bed and breakfast establishments, and the like.
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Dwelling unit.\ One (1) or more rooms physically arranged so as to create an
independent housekeeping establishment for occupancy by one (1) family with
toilets and facilities for cooking and sleeping separate from any other dwelling unit.
Earthcraft certified construction.\ An environmentally friendly, residential
building program developed by the Southface Energy Institute which requires
certified builders to meet guidelines for energy efficiency, water conservation, and
other environmental practices on single-family and multifamily unit construction.
Similar to the LEED certification program, but focused specifically on residential
development.
Earth tone.\ A color scheme that draws from a color palette of browns, tans,
grays, greens, and some reds. The colors in an earth tone scheme are muted and
flat in an emulation of the natural colors found in dirt, moss, trees, and rocks. Many
earth tones originate from clay earth pigments, such as umber, ochre, and sienna.
Colors such as orange and blue are not considered earth tones because they are
not found naturally on pieces of land even though they can be found within nature.
Elevation.\ A vertical distance above or below a fixed reference point.
Environmental assessment.\An analysis of the beneficial or detrimental effects
of a development on the natural resources and characteristics of the property,
including resources such as, but not limited to, wetlands, flora and fauna, and other
ecosystems.
Equipment enclosure.\ A small building, cabinet, or vault used to house and
protect electronic or mechanical equipment. Associated equipment may include,
but is not limited to, air conditioners and emergency generators.
Expansion to an existing manufactured home park or subdivision.\ For the
purposes of floodplain management means the preparation of additional sites by
the construction of facilities for servicing the lots on which the manufacturing
homes are to be affixed (including the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads).
Facade.\ That portion of any exterior elevation of the building extending from
grade to top of the parapet, wall, or eaves and the entire width of the building
elevation.
Family.\ An individual, or two (2) or more persons related by blood, marriage
or adoption, or a group of not more than four (4) unrelated persons, occupying a
single-family dwelling.
Flood.\ A general and temporary condition of partial or complete inundation
of normally dry land areas from:
1. The overflow of inland or tidal waters;
2. The unusual and rapid accumulation or runoff of surface waters from
any source;
3. Mudslides (i.e., mudflows) which are proximately caused by flooding
and are akin to a river of liquid and flowing mud on the surfaces of
normally dry land areas, as when earth is carried by a current of water
and deposited along the path of the current.
A flood may be further defined as the collapse or subsidence of land along the
shore of a lake or other body of water as a result of erosion or undermining caused
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by waves or currents of water exceeding anticipated cyclical or by an unanticipated
force of nature, such as a flash flood or by some similarly unusual and
unforeseeable event which results in flooding.
Flood hazard zone.\ The delineation of special flood hazard areas into
insurance risk and rate classifications on the flood insurance rate map (FIRM)
published by the Federal Emergency Management Agency (FEMA) and which
include the following zones and criteria:
1. Zone A: On the FIRMs accompanying the flood insurance study (FIS)
shall be those areas for which no detailed flood profiles or elevations
are provided, but the one -percent annual chance floodplain boundary
has been approximated.
2. Zone AE: On the FIRMS accompanying the FIS shall be those areas for
which one -percent annual chance flood elevations have been provided
and the floodway has not been delineated.
3. Zone VE or zone V:..... On the FIRMS accompanying the FIS shall be
those areas that are known as coastal high hazard areas, extending from
offshore to the inland limit of a primary frontal dune along an open
coast or other areas subject to high velocity waves.
4. Zone X:Areas located above the 100-year flood boundary and having
moderate or minimal flood hazards.
5. Floodway district: Is in an AE Zone and is delineated, for purposes of this
ordinance, using the criterion that certain areas within the floodplain
must be capable of carrying waters of the one -percent annual chance
flood without increasing the water surface elevation of that flood more
than one (1) foot at any point. The areas included in this district are
specifically defined in Table 4 of the FIS and shown on the
accompanying FIRM.
6. Coastal A zonels labelled as AE on the FIRMS and is those areas that are
seaward of the limit of moderate wave action (LiMWA) line. As defined
by the Virginia Uniform Statewide Building Code, these areas are
subject to wave heights between one and one-half (1.5) feet and three
(3) feet.
Flood insurance rate map (FIRM).\ An official map of a community, on which
the Federal Emergency Management Agency has delineated both the special
hazard areas and the risk premium zones applicable to the community. A FIRM that
has been made available digitally is called a digital flood insurance rate map
(DFIRM).
Flood insurance study.\An examination, evaluation and determination of flood
hazards and, if appropriate, corresponding water surface elevations, mudslide
hazards and/or flood -related erosion hazards.
Floodplain.\ A relatively flat or low land area adjoining a river, stream or
watercourse which is subject to partial or complete inundation; an area subject to
the unusual and rapid accumulation or runoff of surface water from any source.
Floodprone area.\ Any land area susceptible to being inundated by water from
any source (see definition of flooding).
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Floodproofing.\ Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to
real estate or improved real property, water, sanitary facilities, structures and their
contents.
Floodway.\ The channel of a river or other watercourse and the adjacent land
areas required to carry and discharge the 100-year flood without increasing the
water surface elevation of that flood more than one (1) foot at any point.
Floor area.\ The square feet of floor space within the outside lines of walls,
including the total of all space on all floors of a building. Floor area shall not include
porches, garages, or unfinished space in a basement or attic.
Floor area ratio (FAR).\ The total floor area of all buildings or structures on a
lot divided by the net developable area of the lot.
Freeboard.\ A factor of safety usually expressed in feet above a flood level for
purposes of floodplain management. "Freeboard" tends to compensate for the
many unknown factors that could contribute to flood heights greater than the
height calculated for a selected size flood and floodway conditions, such as wave
action, bridge openings, and the hydrological effect of urbanization in the
watershed. When a freeboard is included in the height of a structure, the flood
insurance premiums may be less expensive.
Frontage.\ The linear measurement in feet of the front property line abutting
a street.
Functionally dependent use.\ A use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water. The term includes only
docking facilities, port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities, but does not
include long-term storage or related manufacturing facilities.
Garage, private.\ An accessory building which is designed or used for the
storage of vehicles owned and used by the occupants of the building to which it is
accessory and which is not operated as a separate commercial enterprise.
Garage or yard sale.\ A sale of used household or personal articles which are
normally and customarily used or kept on a residential premises (such as furniture,
tools, or clothing) held on the seller's own premises. Such items shall not have been
specifically purchased or crafted for resale.
Gazebo.\ A detached, covered freestanding, open-air or screened accessory
structure designed for recreational use only and not for habitation.
Glare.\ The sensation produced by a bright source within the visual field that is
sufficiently brighter than the level to which the eyes are adapted to cause
annoyance, discomfort, or loss in visual performance and visibility; blinding light.
Green roof.\The roof of a building which is partially or completely covered with
vegetation and soil or other growing medium planted over a waterproof
membrane.
Habitable floor.\ Any floor usable for living purposes, which includes working,
sleeping, eating, cooking, or recreation, or any combination thereof. A floor used
only for storage is not a habitable floor.
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Highest adjacent grade.\ For the purposes of floodplain management, the
highest natural elevation of the ground surface prior to construction next to the
proposed walls of a structure.
Historic landmark/area/structure.\ Any structure that is:
1. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined
by the Secretary of the Interior as meeting the requirements for
individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district
or a district preliminarily determined by the Secretary to qualify as a
registered historic district;
3. Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the
Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been listed in the
county's comprehensive plan or certified:
a. By an approved state program as determined by the Secretary of
the Interior; or
b. Directly by the Secretary of the Interior in states without approved
programs.
Home garden.\ An accessory use in a residential district for the production of
vegetables, fruits and flowers generally for use or consumption, or both, by the
occupants of the premises.
Impervious surface.\ A surface composed of any material that significantly
impedes or prevents natural infiltration of water into the soil. Impervious surfaces
may include, but are not limited to, buildings, roofs, streets, parking areas, and any
concrete, asphalt, or compacted gravel surface.
Intelligent siting.\ The practice of building placement which gives high
consideration to environmental aspects such as solar orientation, seasonal shading,
prevailing winds, etc., in order to allow for increased energy efficiency.
Internet Sweepstakes Cafe.\ Any principal business enterprise, where persons
utilize electronic machines including, but not limited to, computers and gaming
terminals to conduct games of chance (including sweepstakes) and where cash,
merchandise or other items of value are redeemed or otherwise distributed,
whether or not the value of such distribution is determined by electronic games
played or by predetermined odds. This definition includes, but is not limited to,
internet sweepstakes, video sweepstakes, electronic gaming operations, internet
cafes, and/or cybercafes.
Junk.\ "Junk" shall mean all scrap materials, discarded equipment and
household items, parts of vehicles, pieces of watercraft, and similar materials. (See
also "scrap and salvage services" in section 3-7000.)
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Kiosk.\ A freestanding structure upon which temporary information and/or
posters, notices, and announcements are posted. Commercial transactions do not
take place here.
Landscape.\ An expanse of natural scenery or the addition or preservation of
lawns supplemented by shrubs, trees, plants or other natural and decorative
features to land.
Landscape surface ratio (LSR).\ A measure, expressed as a percentage, of the
area to be landscaped on a site determined by dividing the landscaped area of the
site by the total project area.
LEED certified.\ Leadership in energy and environmental design (LEED)
certification program administered by the U.S. Green Building Council, which
requires designers to meet guidelines for energy efficiency, water conservation,
and other environmental practices.
Light trespass.\ Light from an artificial light source that is intruding onto
adjacent properties and is a nuisance.
Livestock.\ Swine, sheep, cattle, poultry or other animals or fowl which are
being produced primarily for food, fiber, or food products for human consumption.
Loading and unloading area.\ The area on a lot designated for bulk pickup and
deliveries of merchandise and materials directly related to the use on said lot.
Lot.\ A parcel of land intended to be separately owned, developed, or
otherwise used as a unit, established by plat, subdivision or as otherwise permitted
by law.
Lot, corner.\ A lot abutting on two (2) or more streets at their intersection.
Lot, depth of.\ The shortest horizontal distance between the front and rear lot
lines.
Lot, double frontage.\ An interior lot having frontage on two (2) streets.
Lot, flag.\ A lot not fronting on or abutting a public roadway or having limited
frontage necessary for access and where access to the public roadway is essentially
limited to a narrow private right-of-way.
Lot, interior.\ A lot other than a corner lot.
Lot, through.\ A lot having its front and rear yards each abutting on a street.
Lot area.\ The total horizontal area in square feet within the lot lines of a lot
excluding designated future public rights -of -way.
Lot coverage.\ A measure of intensity of land use that represents the portion
of a site that is impervious (i.e., does not absorb water). This portion includes, but
is not limited to, all areas covered by buildings, parked structures, driveways, roads,
sidewalks, and any area of concrete or asphalt.
Lot line.\ A line dividing one (1) lot from another lot or from a street or alley.
Lot line, front.\ On an interior lot, the lot line abutting a street or right-of-way;
or, on a corner lot, the shorter lot line abutting a street or right-of-way; or, on a
through lot, the lot line abutting the street or right-of-way providing the primary
access to the lot.
Lot line, rear.\ The lot line located opposite the front line.
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Lot line, side.\ Any boundary of a lot, which is not a front lot line or a rear lot
line.
Lot of record.\ A lot which has been legally recorded in the clerk's office of the
Circuit Court of Isle of Wight County.
Lot width.\ The horizontal distance between the side lot lines, measured at the
required front setback line.
Low impact development (LID).\ A site design approach to managing
stormwater runoff which emphasizes conservation and use of on -site natural
features to protect water quality. This approach implements small-scale hydrologic
controls to replicate the pre -development hydrologic patterns of watersheds
through infiltrating, filtering, storing, evaporating, and detaining runoff close to its
source.
Lowest floor.\ For the purpose of floodplain management, the lowest floor of
the lowest enclosed area (including basement). An unfinished or flood -resistant
enclosure, useable solely for parking of vehicles, building access or storage in an
area other than a basement area is not considered a building's lowest floor;
provided, that such enclosure is not built so as to render the structure in violation
of the applicable non -elevation design requirements of Federal Code 44CFR § 60.3.
Luminary.\ A lighting fixture assembly or source of artificial illumination
including, but not limited to, bulbs, lamps, reflectors, refractors, and housing
associated with them.
Manufactured home.\ A structure constructed to federal standards,
transportable in one (1) or more sections, which, in the traveling mode, is eight (8)
feet or more in width and is forty (40) feet or more in length, or when erected on
site, is three hundred twenty (320) or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities, and includes the
plumbing, heating, air conditioning, and electrical systems contained therein.
Manufactured home park, existing.\ A parcel of land divided into two (2) or
more manufactured home lots for rent or sale existing prior to August 19, 1991.
Manufactured home park or subdivision, new.\ A manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including at a minimum, the installation
of utilities, the construction of streets, and either final site grading or the pouring
of concrete pads) is completed on or after August 19, 1991.
Mean sea level.\ National Geodetic Vertical Datum (NGVD) of 1929, to which
all elevations on the FIRM (flood insurance rate map) and within the flood
insurance study are referenced.
Mixed -use structure.\ A building or other structure containing a combination
of two (2) or more different principal uses.
Motor vehicle.\ Any self-propelled vehicle designed primarily for
transportation of persons of goods along public streets or alleys, or other public
ways.
Net developable area.\ The land deemed suitable for development within a
given area or parcel. It is calculated by subtracting the sensitive environmental
areas within the area or parcel that should be protected from development and the
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estimated right-of-way requirements and existing regional transmission line
easements and rights -of -way from the total gross area. The result is the net
developable area, which provides a realistic measure of land holding capacity for
an area or parcel in the county. Refer to section 5-4000, net developable area, for
additional information on net developable area.
New construction.\ For the purposes of determining insurance rates,
structures for which the "start of construction" commenced on or after the
effective date of an initial FIRM (flood insurance rate map), August 19, 1991, and
includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which the "start
of construction" commenced on or after the effective date of a floodplain
management regulation adopted by a community and includes any subsequent
improvements to such structures.
Nonconforming activity or use.\ The otherwise legal use of a building or
structure or of a tract of land that does not conform to the use regulations of this
ordinance for the district in which it is located, either at the effective date of this
ordinance or as a result of subsequent amendments to the ordinance.
Nonconforming building or structure.\ An otherwise legal building or structure
that does not conform with the yard, height, maximum density or other bulk
regulations, or is designed or intended for a use that does not conform to the use
regulations, of this ordinance for the district in which it is located, either at the
effective date of this ordinance or as result of subsequent amendments.
Nonconforming lot.\ An otherwise legally platted lot that does not conform to
the minimum area or width requirements for the district in which it is located either
at the effective date of this ordinance or as a result of subsequent amendments to
this ordinance.
Nonconforming site.\ An otherwise legal site for which existing improvements
do not conform to the lot coverage, bufferyard, landscaping, parking and other site
requirements set forth in the zoning or special overlay district in which it is located
either at the effective date of this ordinance or as a result of subsequent
amendments to this ordinance.
Office park.\ A large tract of land that has been planned, developed, and
operated as an integrated facility for a number of separate office buildings and
supporting ancillary uses with special attention given to circulation, parking, utility
needs, aesthetics, and compatibility.
Official zoning map.\ The map or maps, together with all subsequent
amendments thereto, which are adopted by reference as a part of this ordinance
and which delineate the zoning district boundaries.
Open space.\ An area that is intended to provide light and air, and is designed,
depending upon the particular situation, for environmental, scenic or recreational
purposes. Open space may include, but need not be limited to, lawns, decorative
plantings, walkways, active and passive recreation areas, playgrounds, fountains,
swimming pools, wooded areas, and watercourses. Open space shall not be
deemed to include structures, driveways, parking lots or other surfaces designed
or intended for vehicular traffic.
PTC
Open space, common.\ Open space that is accessible to all occupants of a
particular development and is not restricted to use by occupants of an individual
lot or structure.
Open space ratio (OSR).\ A measure, expressed as a percentage, of site open
space determined by dividing the gross open space area of a lot, parcel or tract of
land by the total area of that lot, parcel or tract of land.
Parking area aisle.\ That portion of the parking area consisting of lanes
providing access to parking spaces.
Parking area, lot or structure.\ An off-street area for parking or loading and
unloading, whether required or permitted by this ordinance, including driveways,
access ways, aisles, and maneuvering areas, but not including any public or private
street right-of-way.
Parking space.\ A portion of the parking area set aside for the parking of one
(1) vehicle.
Patio.\ A level surfaced area, directly adjacent to a principal building, without
walls or a roof intended for outdoor lounging, dining, and the like, which has an
average elevation of less than thirty (30) inches from finished grade.
Permeable materials.\ A variety of product alternatives to traditional,
impervious surface materials which allow for the infiltration of stormwater through
the soil to more naturally reduce runoff volumes and filter pollutants. Increased
infiltration occurs either through the paving material itself, or through void spaces
between individual paving blocks (also called pavers). Materials may include, but
are not limited to: Pervious concrete, pervious asphalt, block and concrete modular
pavers, and grid pavers.
Permit, building.\ An official document or certification permit that is issued by
the building official and which authorizes the construction, alternation,
enlargement, conversion, reconstruction, remodeling, rehabilitation, erection,
demolition, moving or repair of a building or structure. This permit should not be a
substitute for a zoning permit.
Permit, conditional use.\ A permit issued by the county board of supervisors
authorizing the operation of a use under certain conditions and standards.
Permit, special use.\ A permit issued by the county board of supervisors
authorizing a use not otherwise provided for in this ordinance as a permitted or
conditional use.
Permit, zoning.\ A permit issued by the zoning administrator that authorizes
the recipient to make use of property in accordance with the requirements of this
ordinance.
Phase I archeological study.\ A survey of archaeological resources undertaken
in accordance with the Secretary of the Interior's Standards and Guidelines (48 FR,
44742) as may be amended and the Guidelines for Conducting Cultural Resource
Survey in Virginia prepared by the Virginia Department of Historic Resources, as
may be amended.
Photometric plan.\ A diagram consisting of lines showing the relative
illumination in foot candles from a light source or group of light sources.
Planning commission.\ The Isle of Wight County Planning Commission.
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Porch.\ A projection from a main wall or a building which can be covered, with
a roof, or uncovered. The projection may or may not use columns or other ground
supports for structural purposes.
Portable on demand storage units.\ Also known as a POD, a large container
used for temporary storage. A POD is hauled to the property, loaded with items,
hauled from the property and stored in a storage yard.
Poultry.\ Domestic fowl normally raised on a farm such as chickens, ducks,
geese and turkeys.
Preliminary and final site development plan.\ Site development plans prepared
by a certified or licensed engineer, surveyor, architect or landscape architect, that
is required for development proposals outlined in section 7-2004, preliminary and
final site development plan requirements.
Principal building or structure.\ A building or structure in which the primary or
main use of the property on which the building is located is conducted and
distinguished from an accessory or secondary building or structure on the same
premises.
Principal use.\ A use which represents the primary or main use of the land or
structure which is distinguished from an accessory use on the same premises.
Proffer.\ A condition voluntarily offered by the applicant and owner for a
rezoning that limits or qualifies how the property in question will be used or
developed.
Public water and sewer system.\ A water or sewer system owned and operated
by a municipality or county, or owned and operated by a private individual or a
corporation approved by the governing body and properly licensed by the state
corporation commission or other applicable agency, and subject to special
regulations as herein set forth.
Public way.\ Any sidewalk, street, alley, highway or other public thoroughfare.
Recreation, active.\ Leisure activities, usually organized and performed with
others, often requiring equipment and constructed facilities, taking place at
prescribed places, sites, or fields. The term active recreation includes, but is not
limited to, swimming, tennis, and other court games, baseball and other field
sports, golf and playground activities.
Recreation, passive.\ Recreation that involves existing natural resources and
has a minimal impact. Such recreation does not require development of the site
nor any alternation of existing topography. Such passive recreation shall include,
but not be limited to, hiking, picnicking, and bird watching.
Recreational vehicle.\ A vehicle designed to be self-propelled or permanently
towable; and not designed for use as a permanent dwelling but as temporary living
quarters for recreational camping, travel, or seasonal use. This term shall also
include watercraft and trailers.
Redevelopment.\ The process of using land that contains or previously
contained development.
Required open space.\ Any space required in any front, side or rear yard.
Residential plot plan.\ A plan submitted for the construction or location of all
new single-family detached dwellings or two-family dwellings on an existing or
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platted lot. This plan shall meet the requirements of section 7-2002, residential plot
plan.
Right-of-way.\ A strip of land occupied or intended to be occupied by a street,
crosswalk, railroad, electric transmission line, oil or gas pipeline, water main,
sanitary or storm sewer main, shade trees, or other special use.
Road.\ See "street."
Satellite dish antenna.\ See "antenna."
Screening.\ The act of visually shielding or obscuring one (1) abutting or nearby
structure or use from another by fencing, walls, berms, or required planted
vegetation.
Screen material.\ Materials that have been outlined in article VIII for the
screening of service structures, equipment, and/or outdoor storage yards.
Seasonal shading.\ The practice of using plant material to capitalize on solar
energy and light for heating and interior lighting purposes. An example would be
using deciduous trees near windows to shade afternoon sun in the summer, but
allow afternoon sun for heat and light through in the winter.
Service building.\ A building used to house stationary or movable service
equipment and mechanical equipment for the maintenance and function of onsite
machinery.
Setback.\ The required minimum horizontal distance between the building line
and the related front, side, or rear property line. A setback is meant from a street
not a driveway.
Setback line.\ A line within a lot parallel to a corresponding lot line, which is
the boundary of any specified front, side, or rear yard, or the boundary of any public
right-of-way whether acquired in fee, easement, or otherwise, or a line otherwise
established to govern the location of buildings, structures or uses. Where no
minimum front, side, or rear yards are specified, the setback line shall be
coterminous with the corresponding lot line.
Shopping center.\ A grouping of architecturally unified and related retail
establishments which are planned, developed, owned, and managed as a single
operating unit, and which share interconnected walkways and parking areas. The
establishments contained within a shopping center are related to each other and
the market area served in terms of size, type, location, and market orientation.
Shrub.\ A relatively low growing, woody plant typified by having several
permanent stems instead of a single trunk.
Shrub, deciduous.\ Any shrub which sheds its foliage during a particular season
of the year.
Shrub, evergreen.\ Any shrub which retains its foliage throughout the entire
yea r.
Simplified site plan.\ A plan submitted for a change or expansion of a
commercial, civic, office or industrial use on an existing site and meets the
requirements of section 7-2003.
Site development plan, preliminary/final.\ A plan, to scale, showing uses and
structures proposed for a parcel of land as required by the regulations pertaining
to site plans in this ordinance. Includes lot lines, streets, building sites, reserved
23
open space, buildings, major landscape features, both natural and manmade, and
any other requirements outlined by article VII.
Slope.\ The degree of deviation of a surface from the horizontal, usually
expressed as a percentage. Slope shall be measured as the vertical rise or fall to
horizontal distance of terrain measured perpendicular to the contour lines at
horizontal intervals of more than ten (10) feet.
Solar orientation.\ The practice of using building placement and design to
capitalize on solar energy and light for heating and interior lighting purposes.
Special flood hazard area.\ The land in the floodplain subject to the one -
percent or greater chance of being flooded in any given year.
Specified anatomical area.\ Such areas include less than completely and
opaque covered human genitals, pubic region, buttocks, female breasts below a
point immediately above the top of the areola, and human male genital in a
discernibly turgid state, even if completely and opaquely covered.
Specified sexual activity.\ Such activity includes human genitals in a state of
sexual stimulation or arousal, an act of human masturbation, sexual intercourse or
sodomy, and fondling or other erotic touching of human genitals, pubic region,
buttocks or female breasts.
Start of construction.\ For the purpose of floodplain management, other than
new construction and substantial improvement, under the Coastal Barriers
Resource Act, means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition, placement or
other improvement was within one hundred eighty (180) days of the permit date.
The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of pipes,
the construction of columns, or any work beyond the state of excavation; or the
placement of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling; nor does it
include the installation of streets and/or walkways; nor does it include excavation
for a basement, footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the actual start of construction means the first
alteration on any wall, ceiling, floor, or other structural part of a building, whether
or not the alteration affects the external dimensions of the building.
Storage.\ The keeping, either indoors or outdoors, of equipment, vehicles, or
supplies used in the conduct of a trade, business, or profession.
Stormwater management.\ For quantitative control, a system of vegetative
and structural measures that control the increased volume and rate of surface
runoff caused by manmade changes to the land; and for qualitative control, a
system of vegetative, structural, and other measures that reduce or eliminate
pollutants that might otherwise be carried by surface runoff.
Stormwater management practice, nonstructural.\A stormwater management
technique that utilizes the ecological and environmental aspect of a site or area for
the collection, conveyance, channeling, holding, retaining, detaining, infiltration,
diverting, treating or filtering of surface water, and/or runoff.
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Stormwater management practice, structural.\ A stormwater management
technique that utilizes a manmade facility and/or apparatus for the collection,
conveyance, channeling, holding, retaining, detaining, infiltration, diverting,
treating or filtering of surface water, and/or runoff.
Story.\ That portion of a building, other than the basement, included between
the surface of any floor and the surface of the floor next above it. If there is no floor
above it, the space between the face and the ceiling next above it.
Story, half.\ A space under a sloping roof, which has the line of intersection of
roof decking and wall not more than three (3) feet above the top floor level, and in
which space more than two-thirds (%) of the floor area is finished off for use other
than storage.
Street.\ A public or private thoroughfare used, or intended to be used, for
passage or travel by motor vehicles. A street serves three (3) or more lots. The word
"street" shall include the words "road", and "highway".
Street, arterial.\ A street specifically designed to move high volumes of traffic
from collector streets through the county and not designed to serve abutting lots
except indirectly through intersecting streets. Arterial streets shall include all U.S.
Highways, state primaries with one-, two- or three -digit numbers, and any other
street which the subdivision agent determines is functionally equivalent to these
transportation department classifications.
Street, collector.\ A relatively low -speed, low -volume street that provides
circulation within and between neighborhoods. Collector streets usually serve
short trips and are intended for collecting trips from local streets and distributing
them to the arterial network. They also form a secondary network of cross county
connectivity.
Street, public.\ A public street or street with respect to which an offer of
dedication has been made and improvements completed which are consistent with
the Isle of Wight County Subdivision Ordinance and the requirements of the
Virginia Department of Transportation or a street or portion thereof which is
included in the state primary or secondary road system.
Structure.\ Anything constructed or erected, the use of which requires
permanent location on the ground, or attachment to something having a
permanent location on the ground. Among other things, structures include
buildings, mobile and manufactured homes, walls, fences, signs, piers, and
swimming pools, etc. For the purpose of floodplain management, a walled and
roofed building, including a gas or liquid storage tank, that is principally above
ground, as well as manufactured home.
Subdivision.\ The division or resubdivision of a lot, tract, or parcel of land by
any means into two (2) or more lots, tracts, parcels or other divisions of land
including changes in existing lot lines for the purpose, whether immediate or
future, of lease, transfer of ownership or building or lot development. The term
subdivision shall also mean the following:
1. Any development of a parcel of land which involves installation of
sanitary sewers, water mains, gas mains or pipes, or other appropriate
facilities for the use, whether immediate or future, of the owners or
occupants of the land, or of the building abutting thereon.
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2. Any development of a parcel of land involving two (2) or more principal
structures or involving shopping centers, multiple dwelling projects and
the like which require the installation of streets and/or alleys, even
though the streets and alleys may be not dedicated to public use and
the parcel may be divided for purposes of conveyance transfer or sale.
3. Any development of a parcel of land involving two (2) or more principal
structures or involving shopping centers, multiple dwelling projects and
the like which require the installation of streets and/or alleys, even
though the streets and alleys may not be dedicated to public use and
the parcel may not be dedicated to public use and the parcel may not
be divided for purposes of conveyance, transfer or sale.
4. The term "subdivision" includes re -subdivision, and as appropriate in
this ordinance, shall refer to the process of subdividing the land or to
the land subdivided.
Substantial damage.\ Damage of any origin sustained by a structure whereby
the cost of restoring the structure to it's before damaged condition would equal or
exceed fifty percent (50%) of the market value of the structure before the damaged
occurred.
Substantial improvement.\ Damage of any origin sustained by a structure, the
cost of which equals or exceeds fifty percent (50%) of the market value of the
structure either before the improvement or repair is started or, if the structure has
been damaged, and is being restored, before the damage occurred. For the
purposes of this definition, "substantial improvement" is considered to occur when
the first alteration of any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the external dimensions of the
structure. For the purpose of floodplain management, the term does not, however,
include either:
1. Any project for improvement of a structure to correct existing violations
of state or local health, sanitary, or safety code specifications which
have been identified by the local code enforcement official and which
are the minimum necessary to assure safe living conditions;
2. Any alteration of a historic structure, provided that the alteration will
not preclude the structure's continued designation as historic structure;
or
3. Historic structures undergoing repair or rehabilitation that would
constitute a substantial improvement as defined above, must comply
with all ordinance requirements that do not preclude the structure's
continued designation as a historic structure. Documentation that a
specific ordinance requirement will cause removal of the structure from
the National Register of Historic Places or the State Inventory of Historic
places must be obtained from the Secretary of the Interior or the State
Historic Preservation Officer. Any exemption from ordinance
requirements will be the minimum necessary to preserve the historic
character and design of the structure.
Tower.\ Any structure that is intended for transmitting or receiving television,
radio, telephone, digital, or other similar communications or is used to support a
communication antenna or other similar device.
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Tract.\ See "lot."
Traffic impact analysis (TIA).\ An analysis of the effect of traffic generated by a
development on the capacity, operations, and safety of the public street and
highway system.
Tree, deciduous.\ Any tree which sheds its foliage during a particular season of
the year.
Tree, evergreen.\ Any tree which retains its foliage throughout the entire year.
Tree, heritage.\ Any tree or shrub which has been designated by ordinance of
the Isle of Wight County Board of Supervisors as having notable historic or cultural
significance to any site or which has been so designated in accordance with an
ordinance adopted pursuant to Section 15.2-503 of the Code of Virginia, as
amended.
Tree, mature.\ Any deciduous or evergreen tree with a minimum diameter of
fourteen (14) inches when measured four and one-half (4%2) feet above ground
level.
Tree, significant.\ Any deciduous or evergreen tree with a minimum diameter
of twenty-two (22) inches when measured four and one-half (4%) feet above
ground level.
Trip generation.\ The number of trip ends caused, attracted, produced, or
otherwise generated by a specific land use, activity, or development in accordance
with the latest edition of the trip generation manual, published by the institute of
transportation engineers.
Use.\ The purpose or activity, for which a piece of land or its buildings is
designed, arranged or intended, or for which it is occupied or maintained.
Use, permitted.\A use, which may be lawfully established in a particular district
or districts, provided it conforms with all regulations, requirements, and standards
of this ordinance.
Utility facility.\ Any above or below ground structure or facility (other than
buildings, unless such buildings are used as storage incidental to the operation of
such structures or facilities) owned by a governmental entity, a nonprofit
organization, a corporation, or any entity defined as a public utility for any purpose
and used in connection with the production, generation, transmission, delivery,
collection, or storage of water, sewage, electricity, gas oil, or electromagnetic
signals.
Utility scale solar energy facility.\ A renewable energy generation facility is a
major utility use type as defined by this Ordinance that either:
(a) Generates electricity from sunlight, consisting of one or more PV systems
and other appurtenant structures, to include energy storage, and facilities
within the boundaries of the site; or
(b) Utilizes sunlight as an energy source to heat or cool buildings, heat or cool
water, or produce mechanical power by means of any combination of
collecting, transferring, or converting solar -generated energy; and
(c) Does not meet any of the following criteria: has a disturbance zone equal
to or less than two acres, is mounted on or over a building or parking lot
or other previously disturbed area, or utilizes integrated PV only.
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Zoning administrator.\ The person designated as the official responsible for
enforcing and administering all requirements of the Isle of Wight County Zoning
Ordinance, or his duly authorized designee.
Zoning, base district.\ Those base underlying zoning districts other than special
overlay districts set forth in article IV.
Zoning, planned development district.\ Land area of minimum size, as specified
by district regulations, to be planned and developed using a common master zoning
plan, and containing one (1) or more uses and appurtenant common areas.
Zoning, special overlay district.\ A district, which is placed over the existing
base zoning and imposes additional restrictions and includes all those districts
listed as special overlay zoning districts in article IV.
Zoning, underlying district.\ See "zoning, base district." (7-7-05; 8-20-09; 11-4-
09; Ord. No. 2013-1-C, 4-18-13; 3-20-14; 5-19-14; 8-21-14; 11-19-15; 8-18-16; 11-
17-16; 7-19-18; 1-21-21.)
Sec. 5-5003. - Supplementary use regulations for civic use types.
M. Utility services, major.
4.Utility Scale Solar Energy Facilities.
a. In addition to any conditional use permit application requirements, the
applicant shall provide the following at the time of application:
i. A conceptual plan showing the proposed layout of all structures,
adjacent properties, screening, landscaping, internal roadways,
easements, environmentally sensitive features including proposed
wildlife corridors;
ii. A visual impact analysis demonstrating through project siting and
proposed mitigation, if necessary, that the solar project minimizes
impacts on the visual character of a scenic landscape, vista, or
scenic corridor;
iii. A transportation plan showing vehicular access to the site,
proposed construction traffic route to the site, parking areas, and
laydown yards;
iv. An estimated time frame and proposed hours of operation for
construction activity;
v. Economic impact analysis of the project including projected net new
tax revenue as well as loss of active agricultural and silvicultural
lands and its indirect impact to associated local businesses;
vi. An environmental resource impact analysis discussing any
proposed activities within designation resource conservation
areas;
vii. A historical and cultural resources impact analysis; and
viii. Written comments from the relevant electric company regarding
the capacity of the transmission lines as part of any use permit
application. An applicant may meet this requirement by submitting
a third -party report that provides relevant transmission capacity
information.
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Variance.\ A waiver of the dimensional and numeric requirements of this
ordinance approved by the board of zoning appeals in accordance with section 1-
1019 of this ordinance.
Vehicle.\ See "motor vehicle."
Vehicle moving area.\ Any area on a site where vehicles park or drive.
Video arcade.\ See "commercial indoor amusement" listed under commercial
use types.
Violation.\ For the purpose of floodplain management, the failure of a
structure or other development to be fully compliant with the community's
floodplain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance as
outlined in the floodplain management overlay district regulations.
Watercourse.\ Any natural or artificial stream, river, creek, ditch, channel,
canal, conduit, culvert, drain, waterway, gully, ravine, or wash, in and including any
area adjacent thereto which is subject to inundation by water.
Watercraft.\ Any vessel that is used or capable of being used as a means of
transportation on water and is propelled by machinery, whether or not the
machinery is the principal source of propulsion, as defined by the Code of Virginia.
Wooded area.\ An area of contiguous wooded vegetation where trees are at a
density of at least one (1) six-inch or greater diameter at breast height (DBH) tree
per three hundred twenty-five (325) square feet of land and where the branches
and leaves form a contiguous canopy.
Xeriscaping.\ Site design and/or gardening techniques which may include the
use of native and/or drought tolerant plants to create a landscape or environment
which does not require any form of supplemental irrigation after twenty-four (24)
months from the time of installation.
Yard.\ An open space on the same lot with a building or structure, unoccupied
and unobstructed from the ground up, except as otherwise permitted in this
ordinance.
Yard, corner side.\ A side yard adjoining a public or private street.
Yard, front.\ A yard extending along the full width of the front lot line between
the side lot lines and from the front lot line to the front building line in depth.
Yard, interior side.\ A side yard, which is located immediately adjacent to
another lot or to an alley separating such yard from another lot.
Yard, rear.\ A yard extending along the full length of the lot and lying between
the rear lot line and the nearest line of the building. Rear yard depth shall be
measured at right angles to the rear line of the lot.
Yard, side.\ A yard lying between the side line of the lot and the nearest line of
the building and extending from the front yard to the rear yard, or in the absence
of either of such front or rear yards, to the front or rear lot lines. Side yard width
shall be measured at right angles to side lines of the lot.
Zero lot line.\ The location of a structure on a lot in such a manner that one (1)
of the structure's sides rest directly on a lot line.
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b. Ground -mounted systems shall not exceed fifteen (15) feet in height
when oriented at maximum tilt, except when temporarily stowed in
a vertical position for vegetation management or for inspection,
maintenance and/or repair.
c. Audible sound from a solar energy system shall not exceed 60 dBA (A -
weighted decibels), as measured at any adjacent non -participating
landowner's property line. The level, however, may be exceeded
during short-term exceptional circumstances, such as severe
weather.
d. All equipment, accessory structures and operations associated with a
large solar energy system shall be setback at least seventy-five (75)
feet from all property lines and at least one hundred, and one
hundred and twenty-five (125) feet from any residential parcels, and
two hundred and fifty (250) feet from any structure with documented
historical significance, a cemetery, a cultural resource, or a school.
New substations, connector stations, inverters and transformers shall
be set back at least two hundred and fifty (250) feet from the property
line of any non -participating property. Final setbacks for shall be
determined by equipment decibel level specifications. In addition,
these facilities are subject to the following:
i. Setbacks shall be kept free of all structures and parking lots; and
ii. Setbacks shall not be required along property lines adjacent to
other parcels which are part of the solar energy system with the
exception of structures with documented historical significance, a
cemetery, a cultural resource, or a school, however, should
properties be removed from the system, setbacks must be installed
along all property lines of those properties remaining within the
project and which are adjacent to a parcel which has been
removed.
e. The following landscaping standards shall apply:
i. Along public roadways, a minimum fifty -foot wide bufferyard shall
be installed or retained consisting of a three, staggered rows of
trees and shrubs installed a maximum of eight feet on center in
order to create an effective visual screen as approved by the Zoning
Administrator;
ii. Where solar facility properties abut residential parcels, a fifty -foot
wide bufferyard shall be installed or retained consisting of a three,
staggered rows of large and small canopy trees and medium shrubs
installed a maximum of eight feet on center in order to create an
effective visual screen as approved by the Zoning Administrator;
iv. Existing vegetation that meets the minimum landscaping
specifications may be used to meet required landscaping;
v. No silvicultural activities or removal of required landscaping
materials shall occur in the required bufferyards except as
approved by the Zoning Administrator; and
vi. If the land area being leased was under crop cultivation prior to
lease, it shall be maintained and cut annually during the growing
season prior to August 1 until site construction begins.
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f. Provide soil testing for any contaminants directly attributable to the
solar panels before and after construction and every five (5) years during
the interim until the facility is decommissioned. Owner/operator must
provide copies of initial baseline report and subsequent reports to the
zoning administrator. Should a negative finding indicating contamination
from the solar panels occur, contamination must be remedied by the
owner/operator to applicable state and federal standards.
g. Prior to final site plan approval, an owner, lessee, or developer of real
property shall enter the following agreement and provide them to the
zoning administrator for review and approval:
i. A written agreement to decommission solar energy equipment,
facilities, or devices upon the following terms and conditions:
a) If the party that enters into such written agreement with the
county defaults in the obligation to decommission such
equipment, facilities, or devices in the timeframe set out in such
agreement, the locality has the right to enter the real property
of the record title owner of such property without further
consent of such owner and to engage in decommissioning; and
b) Such owner, lessee, or developer shall provide financial
assurance of such performance to the county in the form of
certified funds, cash escrow, bond, letter of credit, or parent
guarantee, based upon an estimate of a professional engineer
licensed in the commonwealth, who is engaged by the applicant,
with experience in preparing decommissioning estimates and
approved by the county; such estimate shall not exceed the total
of the projected cost of decommissioning, plus a reasonable
allowance for estimated administrative costs related to a default
of the owner, lessee, or developer, and an annual inflation
factor.
c) Decommissioning of discontinued or abandoned large solar
energy systems shall include the following:
i. Physical removal of all solar energy equipment and above-
ground appurtenant structures from the subject property
including, but not limited to, buildings, machinery,
equipment, cabling and connections to transmission lines,
equipment shelters, security barriers, electrical components,
roads, unless such roads need to remain to access buildings
retrofitted for another purpose, or the landowner submits a
request to the board of supervisors that such roads remain.
ii. Below -grade structures, such as foundations, underground
collection cabling, mounting beams, footers, and all other
equipment installed with the system shall be completely
removed: however, these structures may be allowed to
remain if a written request is submitted by the landowners
and a waiver is granted by the Board of Supervisors.
iii. Compacted soils shall be decompacted as agreed to by the
landowner.
iv. Restoration of the topography of the project site to is pre-
existing condition, except that any landscaping or grading
may remain in the after -condition if a written request is
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submitted by the landowner and a waiver is granted by the
board of supervisors.
v. Proper disposal of all solid or hazardous materials and wastes
from the site in accordance with local, state, and federal
solid waste disposal regulations.
h. During and at the end of project construction, any damage done to
public roads by solar farm construction equipment shall be repaired in
accordance with VDOT standards and specifications. Post construction
damage shall be identified based on inspections by VDOT with the
developer or their agent, prior to construction and upon completion,
identifying the items for repair. Additionally, at the request of VDOT, in
order to ensure the safety of the traveling public, some damages may
need to be addressed immediately.
i. Facilities shall not be located within the limits of the County's
Development Service Districts.
J. The facilities themselves must be wholly located within a two mile radius
of existing substations and/or high voltage transmission lines.
k. The total acres of prime farm soils and soils of statewide importance
that may be within the fence of a utility scale solar facility pursuant to
issued and active CUPs shall be limited to a maximum of 2% of the
County's total number of prime farm soils and soils of statewide
importance, or 2,446 acres.
For projects that are connected to transmission lines, the applicant shall
provide detailed capacity information to the Planning Commission for
each project which shall include at a minimum, but not limited to,
available capacity in MW on the effected distribution lines and any
details that may impact future energy generation projects, such as
scheduled power generation facility decommissionings, transmission
system capital improvements or other events impacting transmission
line capacity.
m. The facility operator shall prepare and submit an annual activity report
to the Zoning Administrator to be shared with the Planning Commission
and Board of Supervisors.
n. The applicant shall provide documentation demonstrating the selected
panels and all power generating equipment initially installed and
replaced qualify, for disposal purposes, as nonhazardous waste under
applicable US EPA regulation using a Toxicity Characteristics Leaching
Procedure or equivalent laboratory analysis.
o. The applicant shall submit an Emergency Response Plan at the time of
site development plan application for review and approval by the
County, which shall detail fire suppression methods that will be
immediately deployed during both construction and operation of the
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facility. The plan shall include a training program to be provided to
emergency responders about safety for on -site incident response.
Initiation and frequency of training will be coordinated between the
Department of Emergency Services and the facility operator. The
applicant shall install a Knox Box or other remote access technology at
the facility to ensure emergency responders have access to the facility
should the need arise.
p. The operator shall post a notification sign at each site entrance that
states (a) the rated nameplate capacity, (b) the name of the project
owner, and operator (if different from the owner), (c) the street address
of the site, and (d) a 24-hour emergency contact phone number for the
operator.
q. On -site energy storage shall require a separate conditional use permit.
r. The applicant shall be responsible for any costs incurred by the County
for additional staff and/or third party inspectors for inspection services.
s. Topsoil is not permitted to be removed from the property.
t. The portion of the subject property supporting solar panels shall be
enclosed by security fencing of a type that is harmonious with the rural,
agricultural, and historical character of the County while meeting federal
and state regulations for solar electric generating facility fencing as
determined by the Zoning Administrator adjacent to all public rights -of -
way, residential property, properties eligible for listing on the National
Register of Historic Places, and civic uses prior to final site plan approval.
u. Fencing shall be placed around the solar arrays, inverters, and
substation only and not the whole site in order to provide wildlife
corridors.
v. The applicant shall provide an appraisal report from an independent
appraiser approved by the Zoning Administrator on the impact of the
facility on nearby property values.
The motion was adopted (4-1) with Supervisors McCarty, Acree, Grice and Jefferson
voting in favor of the motion and Supervisor Rosie voting against the motion.
NEW BUSINESS
Krohn Subdivision Ordinance Waiver Request Application of Paul and Terri Krohn,
Owners, for a Waiver to Section 3.2.4.A.4 and Section 5.9.1.0 of the Subdivision
Ordinance to Allow a Family Member Subdivision on a Private Thirty -Foot
Ingress/Egress Easement Not Built to Public Standards Which Serves More Than
Two Lots.
Sandy Robinson provided an overview of the waiver request application.
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On motion of Supervisor Jefferson, the application was approved. The motion was
adopted unanimously (5-0) with Supervisors McCarty, Acree, Grice, Jefferson and
Rosie voting in favor of the motion and no Supervisors voting against the motion.
ADJOURNMENT
At 9:30 p.m., Chairman McCarty declared the regular meeting adjourned.
Cow ,
Carey MiN Storm, Clerk
William M. Mc AY, Sr., Chairman
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