11-16-23 -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 WEDNESDAY, THE SIXTEENTH DAY OF NOVEMBER IN THE YEAR TWO
THOUSAND AND TWENTY-THREE AT 5:00 P.M.
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 AGEND
On motion of Supervisor Jefferson, the agenda was adopted (5-0) as presented with
Supervisors McCarty, Acree, Jefferson, Grice and Rosie voting in favor of the motion
and no Supervisor voting against the motion.
CLOSED MEETING
Supervisor Jefferson moved to enter a closed meeting pursuant to Section 2.2-
3711(A) of the Code of Virginio for the limited purpose of: (1) 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 (2) consultation with legal
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counsel regarding actual or probable litigation regarding 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. The motion passed unanimously (5-0) with
Supervisors McCarty, Acree, Jefferson, Rosie and Grice voting in favor of the motion
and no Supervisors voting against the motion.
At 6:00 p.m. and upon motion of Chairman McCarty and all voting in favor (5-0),
the Board reconvened into open meeting.
County Attorney Jones reminded the Board that in accordance with Section 2-10(G)
of the Board's Rules & Procedure, all those who participated in the closed meeting
are reminded that all matters discussed in closed meeting are to remain confidential,
as provided under the Virginia Freedom of Information Act, and that such matters as
were discussed in closed meeting should not be acted upon or discussed in public by
any participant unless and until a public, formal action of the Board of Supervisors is
taken on that particular subject matter.
Upon motion of Chairman McCarty and all voting in favor (5-0), the following
Resolution was adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on this date
pursuant to an affirmative recorded vote and in accordance with the provisions of the
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.
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VOTE
AYES: McCarty, Acree, Jefferson, Rosie, Grice
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
INVOCATION
Chairman McCarty delivered the invocation and led the Pledge of Allegiance to the
American flag.
CITIZENS' COMMENTS
Wayne Gustison of Ivor expressed concern with AES's Sycamore Cross 240 MW
solar project. Chairman McCarty requested Mr. Gustison to provide his contact
information to the County Attorney
Brian Hill of the Windsor District requested the Board's consideration of veterans
receiving tax exemptions for two vehicles. Chairman McCarty requested Mr. Hill to
provide his contact information to the County Attorney.
Herb DeGroft of the Carrsville District spoke against the Board providing additional
funding to the School Board.
CONSENT AGENDA
Following an overview of the Consent Agenda by County Administrator Keaton,
Vice -Chairman Acree moved to adopt the following Consent Agenda as presented
which passed unanimously (5-0) with Supervisors McCarty, Acree, Jefferson, Grice
and Rosie voting in favor of the motion and no Supervisor voting against the
motion:
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RESOLUTION TO AMEND THE FY 2023-2024 GRANT FUND BUDGET AND
APPROPRIATE FUNDING FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES
ALCOHOL ENFORCEMENT PROGRAM
WHEREAS, the Sheriff's Office of the County of Isle of Wight, Virginia has received
a grant from the Commonwealth of Virginia Department of Motor Vehicles for the
Alcohol Enforcement Program; and,
WHEREAS, grant funds in the amount of $12,850 from the Commonwealth of
Virginia Department of Motor Vehicles need to be budgeted to the FY 2023-2024
Grant Fund budget of Isle of Wight County and appropriated for the purpose of
conducting an Alcohol Enforcement Program.
NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia, that the FY 2023-2024 budget be amended
and grant funds in the amount of $12,850, or so much as shall be received from the
Commonwealth of Virginia Department of Motor Vehicles, be appropriated for the
Alcohol Enforcement Program.
BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of
Wight, Virginia is authorized to make the appropriate accounting adjustments in
the budget and to do all things necessary to give this resolution effect.
RESOLUTION TO AMEND THE FY 2023-2024 GRANT FUND BUDGET AND
APPROPRIATE FUNDING FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES
POLICE TRAFFIC SERVICES ENFORCEMENT PROGRAM
WHEREAS, the Sheriff's Office of the County of Isle of Wight, Virginia has received
a grant from the Commonwealth of Virginia Department of Motor Vehicles for the
Police Traffic Services Enforcement Program; and,
WHEREAS, grant funds in the amount of $29,815 from the Commonwealth of
Virginia Department of Motor Vehicles need to be budgeted to the FY 2023-2024
Grant Fund budget of Isle of Wight County and appropriated for the purpose of
conducting a Police Traffic Services Enforcement Program.
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NOW, THEREFORE BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia, that the FY 2023-2024 budget be amended
and grant funds in the amount of $29,815, or so much as shall be received from the
Commonwealth of Virginia Department of Motor Vehicles, be appropriated for the
Police Traffic Services Enforcement Program.
BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of
Wight, Virginia is authorized to make the appropriate accounting adjustments in
the budget and to do all things necessary to give this resolution effect.
RESOLUTION TO AMEND THE FY 2023-24 OPERATING BUDGET AND APPROPRIATE
FUNDING FOR THE FIFTH DISTRICT COURTJUVENILE DETENTION AGREEMENT
WHEREAS, the County of Isle of Wight, VA is a locality in Virginia's Fifth Court
District and has agreed to act as fiscal agent for the Juvenile Detention facility
agreement between the County of Henrico, James River Juvenile Detention Center
and the Cities of Suffolk and Franklin and the Counties of Isle of Wight and
Southampton, VA; and,
WHEREAS, the County of Isle of Wight, as fiscal agent, will pay the quarterly cost of
reserving residential placement at the detention facility and subsequently bill the
participating localities in quarterly increments for their portion of the reserve cost
based on a 3-year average detention population for the Cities of Suffolk ($476,226),
Franklin ($57,510) and Southampton County ($38,064); and,
WHEREAS, the Board of Supervisors needs to budget recovered costs revenue and
appropriate funding in the amount of $571,800 in the County's General Fund for
payment to the juvenile detention facility in excess of the amount budgeted for Isle
of Wight County's portion.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight
County, Virginia, that the FY 2023-24 General Fund budget is hereby amended, and
funds appropriated in the amount of $571,800 to Fifth District Court Services for
the juvenile detention agreement.
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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.
RESOLUTION TO AMEND THE FY2023-2024 BUDGET
AND APPROPRIATE FUNDS FOR
THE SMITHFIELD SIDEWALK PROJECT
WHEREAS, Isle of Wight County and the Town of Smithfield are working
cooperatively to improve pedestrian access and mobility in the Town along Main
Street from Grace Street to Westside Elementary School; and,
WHEREAS, additional grant funding in the amount of $232,252 has been approved
and allocated by the Hampton Roads Transportation Planning Organization
(HRTPO) for the sidewalk improvement project in the Town; and,
WHEREAS, additional funding in the amount of $23,641 specific to VDOT project
oversight costs for construction has been approved, and
WHEREAS, the Board of Supervisors of Isle of Wight County needs to budget and
appropriate a total of $255,893 to the Smithfield Sidewalk project.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that the FY 2023-2024 Capital Project Fund
budget be amended and funds appropriated in the amount of $255,893 to the
Smithfield Sidewalk project.
BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County,
Virginia is authorized to execute all programmatic documents, make all such
accounting adjustments, and execute all such agreements and contracts as
necessary to complete construction of the Smithfield Sidewalk construction project
(UPC 102951).
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The Parks & Recreation Department will be acquiring two (2) 2024 Dodge Ram 2500
44 Crew Cab Pickup Trucks under the State Contract for departmental
operations. The vehicles will be used for daily travel to and from work sites. One
of the trucks will be outfitted with equipment for snow removal. Acquisition cost
of trucks is $124,855.
REGIONAL AND INTER -GOVERNMENTAL REPORTS
Vice -Chairman Acree reported that the subject of affordable housing was discussed
at the most recent meeting of the Hampton Roads Planning District Commission.
Vice -Chairman Acree reported on his recent attendance at the Virginia Association
of Counties Annual Conference. He was a moderator of a discussion involving
recruitment and retention of public safety employees. The County relies heavily on
volunteers for emergency services in the County.
Supervisor Rosie reported on the discussion held at the most recent meeting of the
Hampton Roads Military and Federal Facilities Alliance regarding a lack of
affordable housing in the County which affects recruitment. He reported that he
attended committee meetings at the Virginia Association of Counties most recent
annual conference which addressed the issue of affordable housing and how to
take care of and meet the needs of military wives and children with regard to their
mental health.
Chairman McCarty reported on discussions held on sessions held regarding
transportation issues at the most recent Virginia Association of Counties annual
conference. He further reported on discussions held at today's Hampton Roads
Transportation Planning Organization related to regional transportation matters.
APPOINTMENTS
Chairman McCarty moved to appoint Rita Gibson to replace Catherine Funk as the
at -large member on the Blackwater Regional Library Board. The motion passed
unanimously (5-0) with Supervisors McCarty, Acree, Jefferson, Grice and Rosie
voting in favor of the motion and no Supervisor voting against the motion.
Supervisor Grice moved that Carolyn Keen be reappointed to the Historical
Architectural Review Committee serving the Smithfield District. The motion passed
unanimously (5-0) with Supervisors McCarty, Acree, Jefferson, Grice and Rosie
voting in favor of the motion and no Supervisor voting against the motion.
Vice -Chairman Acree recommended that interested candidates reach out to the
Board indicating their interest in serving on the Commission on Adults with
Disabilities.
SPECIAL PRESENTATIONS
Bonnie Dozier, Benefits Team Leader at Senior Services of Southeastern Virginia,
provided information on the Medicare program as it relates to eligibility and other
program components.
A report on the 2023 County Fair was presented by Jenilee Hallman, Department
of Parks and Recreation.
A presentation on VDOT's "Paint the Plow" Program was provided by Julie Boswell,
Transportation Department.
The Board took a brief recess and upon returning to open session, Chairman
McCarty called for the County Attorney's report.
January 2024 Isle of Wight County Board of Supervisors' By -Laws and Rules of
Procedure
The Board was requested to review and advise County Attorney Jones of any
proposed changes or revisions to its by-laws and rules of procedure for adoption at
its organizational meeting in January 2024.
PUBLIC HEARINGS
Chairman McCarty called for a public hearing on the following:
Application of Courthouse Hwy Solar 1, LLC, Applicant, and Michael S. Doggett,
Property Owner, fora Conditional Use Permit for a Major Utility Service, Specifically
a 3 MW Utility -Scale Solar Energy Generation Facility, on Eighteen Acres Located at
16419 Courthouse Highway in the Rural Agricultural Conservation (RAC) Zoning
District.
Trenton Blowe, Planning & Zoning Department, provided background information
on the application related to location, tax map number, zoning, election district,
request, agency reviews, strengths and weaknesses, and the Planning
Commission's recommendations.
Chairman McCarty called for persons to speak in favor of or in opposition to the
application.
Jessie Robinson, Sr. Project Developer and Quentin Wood, Project Engineer with
New Leaf Energy, provided background information on New Leaf Energy, to include
location, why this location was chosen, a sample of an already built small-scale solar
project, conceptional landscape plan, access to the project, community outreach,
and the benefits of small-scale solar projects.
Michael Doggett, property owner, advised that New Leaf Energy worked very close
with the County on this project and they made special effort to put this project on
a small piece of land, keeping in mind that projects in the County not interfere with
productive farmland.
David Tucker of 6152 Old Stage Highway commented that what a person does with
their property is their own business, except for regulated products such as
electricity. He inquired how much Federal loans/grants are going towards this
project. He stated in order to support solar and wind, electric rates will increase
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120% by 2035. He stated that Woodlands solar project decreased by 25% in its
energy production.
Jean Doggett Moody of Courthouse Highway appeared and asked the Board to
deny the application.
Megan Doggett of Poor House Road spoke in support of the project which will be
located adjacent to her home because she believes it is the best use for this parcel
which will also be an excellent source of revenue for the County.
Chairman McCarty closed the public hearing and called for comments by the Board.
Supervisor Grice recommended that staff negotiate with the property owner so
that the property will be maintained in the future. Scott Foster pointed out that
Condition #8 does require that the vegetative cover will be managed with mowing
and/or grading.
Supervisor Grice moved to approve the Conditional Use Permit for the solar project,
as well as the withdrawal of the acreage from the Forrestal District with the
conditions as presented. The motion passed unanimously (5-0) with Supervisors
McCarty, Acree, Jefferson, Grice and Rosie voting in favor of the motion and no
Supervisor voting against the motion.
Chairman McCarty called for a public hearing on the following:
Ordinance to Amend Appendix B. Zoning: Article III, Section 3-6000 (Use Types),
Article IV (Zoning Districts and Boundaries), Article V (Supplementary Use
Regulations), and Section 5-5005.
Amy Ring, Director of Planning and Zoning, reviewed the proposed short-term
rental Zoning Ordinance changes, beginning with a description of short-term
rental -commercial use types; permitted uses in RAC and RR zoning districts;
conditional use in VC, RR, NC, SE, SR, UR, PD-R, PD-MX and PD-MH. She continued
with proposed performance criteria as outlined in a new section for short-term
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rentals in Sec. 5-5002. She advised that also being proposed is a short-term rental
registry.
Chairman McCarty called for persons to speak in favor of or in opposition to the
application.
No one appeared.
Chairman McCarty closed the public hearing and remarked that he is not in favor
of requiring Conditional Use Permits in RAC and RR.
Following general discussion, it was noted that staff will be meeting what it is trying
to accomplish if Airbnb's can be treated like family member mobile homes, in that
there is a provision where the adjoining property owner is notified and after 30
days, if no one objects, then no Conditional Use Permit is required. This gives
property owners an opportunity to express concerns and they are also aware of it.
A permit costs $35 and a Conditional Use Permit costs $1,200. A safety inspection
would still be required.
Vice -Chairman Acree recommended there be a link on the County's website that
would provide safety requirements.
Chairman McCarty moved that the Ordinance be tabled until the Board's December
14, 2023 regular meeting. In the meantime, the County Attorney is to develop the
proper language. The motion passed unanimously (5-0) with Supervisors McCarty,
Acree, Jefferson, Grice and Rosie voting in favor of the motion and no Supervisor
voting against the motion.
Chairman McCarty called for a public hearing on the following:
Ordinance to Amend and Reenact Chapter 10, Licenses, Short Term Rental Registry
of the Isle of Wight County Code.
County Attorney Jones noted that as part of the County's effort to enforce the
regulation of short-term residential rentals and monitor such activities, an annual
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registration of such properties is warranted. The proposed ordinance establishes
an annual registration requirement for anyone offering a short-term residential
rental. In addition to such registration, an operator would also be required to
comply with all other applicable land use and zoning requirements, as well as
obtain a business license and register for transient occupancy and state sales tax.
Chairman McCarty called for persons to speak in favor of or in opposition to the
application.
Upon no one appearing, Chairman McCarty closed the public hearing and called for
comments by the Board.
Vice -Chairman Acree moved that the Ordinance be tabled to the Board's December
14, 2023 regular meeting. The motion passed unanimously (5-0) with Supervisors
McCarty, Acree, Jefferson, Grice and Rosie voting in favor of the motion and no
Supervisor voting against the motion.
Chairman McCarty called for a public hearing on the following:
An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending
and Reenacting Appendix B. Zoning and Appendix B-1. Chesapeake Bay
Preservation Area Ordinance
Chairman McCarty called for persons to speak in favor of or in opposition to the
application.
Upon no one appearing to speak, Chairman McCarty closed the public hearing and
called for comments by the Board.
Supervisor Jefferson moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
APPENDIX B. ZONING AND
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APPENDIX B-1. CHESAPEAKE BAY PRESERVATION AREA ORDINANCE
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has
deemed it necessary and appropriate to update its current ordinances in order to
more clearly set forth local ordinances for the benefit of the public, in order to
accurately reflect current practices, to correct inaccuracies, and to conform to
those provisions set forth in the Code of Virginia (1950, as amended); and
WHEREAS, the Board of Supervisors deems such a revision necessary as a means to
protect the health and welfare of the citizens of Isle of Wight County, Virginia;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors, Virginia, that Appendix B. Zoning of the Isle of Wight County Code be
amended and reenacted as follows:
Sec. 1-1011. Powers and duties of the zoning administrator.
A. The office of zoning administrator is hereby established. The primary
responsibility for administering and enforcing this ordinance shall be assigned to
the zoning administrator.
B. The zoning administrator shall be vested and charged with the following
powers and duties:
1. Receive, process, and review complete applications under the provisions of
this ordinance for transmittal and recommendation to the planning commission,
board of zoning appeals, and board of supervisors.
2. Issue zoning permits pursuant to the provisions of this ordinance and
suspend or revoke any zoning permit upon violation of any of the provisions of this
ordinance or any approvals granted hereunder subject to the requirements of this
ordinance.
3. The zoning administrator shall keep records of all zoning permits issued
under this ordinance, maintain permanent and current records related to the
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ordinance, including the official zoning map, amendments, conditional use and
special use permits, variances, appeals, and development site plans; and, make
annual reports and recommendations to the planning commission and board of
supervisors on matters pertaining to this ordinance.
If this ordinance requires approval by another agency of certain site plan features,
such approval shall be obtained prior to issuance of a zoning permit, unless deemed
unnecessary by the zoning administrator due to the scope and nature of the
proposed project or development.
4. Conduct inspections and surveys to determine whether a violation of this
ordinance exists.
The zoning administrator or his agent may present sworn testimony to a magistrate
or court of competent jurisdiction and, if such sworn testimony establishes
probable cause that a zoning ordinance violation within a dwelling unit has
occurred, may request that the magistrate or court grant the zoning administrator
or his agent an inspection warrant to enable the zoning administrator or his agent
to enter the subject dwelling unit for the purpose of determining whether
violations of the zoning ordinance exist. The zoning administrator or his agent shall
make a reasonable effort to obtain consent from the owner or tenant of the subject
dwelling prior to seeking the issuance of an inspection warrant pursuant to this
section.
Whenever the zoning administrator has reasonable cause to believe that any
person has engaged in or is engaging in any violation of any provision of this chapter
that limits occupancy in a residential dwelling unit, which is subject to a civil
penalty, and the zoning administrator, after a good faith effort to obtain the data
or information necessary to determine whether a violation has occurred, has been
unable to obtain such information, he may request that the county attorney
petition the judge of the general district court for a subpoena duces tecum against
any such person refusing to produce such data or information. The judge of the
court, upon good cause shown, may cause the subpoena to be issued. Any person
failing to comply with such a subpoena shall be subject to punishment for contempt
by the court issuing the subpoena. Any person so subpoenaed may apply to the
judge who issued the subpoena to quash it.
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5. Seek criminal or civil enforcement for any provision of this ordinance and
take any action on behalf of the county, either at law or in equity, to prevent or
abate any violation or potential violation of this ordinance.
6. Render interpretations, upon written request of an interested person whose
property may be affected, as to the applicability of this ordinance to particular uses
and its application to the factual circumstances presented. When such a request is
made by an applicant which is not the owner of the property in question, written
notice of the request shall be provided to the owner of the property within ten (10)
days of receipt of the application.
7. Design and distribute applications and forms required by this ordinance and
request information which is pertinent to the requested approval.
8. Perform such duties as are necessary for the proper enforcement and
administration of this ordinance.
9. In appropriate cases, allow for the refund of fees paid pursuant to this zoning
ordinance upon certification by the zoning administrator of the need for such
refund and approval by the county administrator. (7-7-05; 1-22-09; Ord. No. 2011-
14-C, 8-4-11; 7-19-18; 11-16-23.)
Sec. 1-1013. Zoning permit and occupancy permit guidelines.
A. When is a zoning permit required.
1. A zoning permit shall be required for the erection, construction,
reconstruction, moving, adding to, enlargement or alteration of any structure, or
the establishment of any land use, except for bona fide agricultural uses, such as
raising of crop or livestock, permitted by right under the provisions of this
ordinance.
2. No permanent sign may be erected without first obtaining a zoning permit
in accordance with this ordinance.
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3. No building or other structure except accessory farm structures shall be
razed, demolished, or removed, either entirely or in part, nor shall any of said
activities be commenced, without a zoning permit.
4. Additional permits may be required to enforce the provisions of this
ordinance.
B. Exemption from zoning permit. The following uses do not require a zoning
permit for erection, construction, reconstruction, moving, adding to, enlargement
or alteration:
1. Streets.
2. Electric power, telephone, cable television, gas, water, and sewer lines,
streetlights, wires or pipes, together with supporting, poles or structures, and
traffic control signs located within a public right-of-way.
C. Zoning permit applications.
1. All applicants for a zoning permit shall be accompanied by such plans and
information as the zoning administrator deems to be necessary and appropriate to
determine compliance and provide for enforcement of this ordinance.
2. If this ordinance requires approval by another agency of certain site plan
features, such approval shall be obtained prior to issuance of a zoning permit,
unless deemed unnecessary by the zoning administrator due to the scope and
nature of the proposed project or development.
3. If the zoning permit involves the subdivision of land, an approved subdivision
plat shall be required.
D. Zoning permit approval. A zoning permit shall not be issued unless and until
the site plan and project proposal complies with applicable established design
criteria, construction standards, and specifications for all improvements as may be
required by this ordinance.
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E. Expiration of permits. All permits shall expire automatically if, within six (6)
months after the issuance of such permits:
1. The use authorized by such zoning and/or other permit has not commenced,
in circumstances where no substantial construction, erection, alteration,
excavation, demolition, or similar work is necessary before commencement of such
use; or
2. If, after some physical alteration to land or structures begins to take place,
such work is discontinued for a period of six (6) months, then the permit authorizing
such work shall immediately expire. However, expiration of the permit shall not
affect the provisions of severability, subsection 1-1012.A.
F. General description of occupancy permit.
1. No person shall use or permit the use of any structure or premises or part
thereof hereafter created, erected, changed, converted, enlarged or moved, wholly
or partly, until an occupancy permit shall have been issued by the building official.
2. No building, or other structure, or land shall be used, nor shall any building,
structure, or land be converted, wholly or in part, to any other use, except for bona
fide agricultural uses permitted by right under the provisions of this ordinance, until
an occupancy permit has been issued by the building official.
3. Such permits shall show that the structure or use, or both, or the premises,
or the affected part thereof, are in conformity with the provisions of this ordinance.
4. It shall be the duty of the building official to issue such a permit if it is found
that all of the provisions of this ordinance have been met and to withhold such
permit unless all requirements of this ordinance have been met. If an occupancy
permit is not issued, written notice shall be given to the applicant stating why an
occupancy permit cannot be issued.
5. Upon written request from the owner, and upon inspection to determine the
facts in the case, the building official shall issue an occupancy permit for any
building premises or use that is in conformity with the provisions of this ordinance
or where a legal nonconformity exists, as determined by the zoning administrator.
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G. Temporary or partial occupancy permit.
1. The building official at his discretion may issue a temporary occupancy
permit with a recommendation from the zoning administrator for a period not
exceeding six (6) months during alterations or partial occupancy of a building
pending its completion in accordance with general rules or regulations concerning
such additional conditions and/or safeguards as are necessary, in the
circumstances of the case, to protect the safety of the general public. The
occupancy permit recipient may be required to provide a performance bond or
other security satisfactory to the zoning administrator and approved as to form by
the county attorney to ensure that all of the requirements of this ordinance will be
fulfilled within a reasonable period determined by the zoning administrator.
2. A final occupancy permit may be issued for any appropriate complete
building or part of a building located in a part of the total area or any approved site
plan, provided:
a. The other on -site construction and improvements included in the approved
site plan for the section have been inspected and accepted by the county and other
appropriate agencies and, at the discretion of the zoning administrator, a certified
"as built" site plan has been submitted for review and approval prior to the
proposed date of occupancy.
b. The off -site improvements related to and necessary to serve the section have
been completed, inspected and accepted by the county, the Virginia Department
of Transportation or other appropriate agencies; and the developer has submitted
a certified "as built" drawing for the section; or the developer has provided surety
acceptable to the zoning administrator and approved as to form the by the county
attorney.
H. Enforcement and review.
1. Zoning permit authorization.
a. Zoning and occupancy permits issued on the basis of plans and applications
approved by the zoning administrator shall authorize only the use, arrangement
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and construction set forth in such permits, plans, and certificates, and no other.
The use, arrangement, or construction at variance with that authorization shall be
deemed a violation of this ordinance.
b. All departments, officials and public employees of Isle of Wight County,
which are vested with the duty or authority to issue permits or licenses, shall do so
in conformance with the provisions of this ordinance. Such departments and
personnel shall issue certifications or permits for uses, buildings or purposes only
when they are in harmony with the provisions of this ordinance. Any such
certification or permit, if issued in conflict with the provisions of this ordinance,
shall be null and void.
I. Complaints regarding violations. Whenever the zoning administrator
receives a written, signed complaint or a duly completed complaint form alleging a
violation of this ordinance, he shall investigate the complaint, take whatever action
is warranted, and inform the complainant of what actions have been or will be
taken.
J. Persons liable. The owner, tenant, or occupant of any building or land or part
thereof and any architect, builder, contractor, agent, or other person who
participates in, assists, directs, creates, or maintains any situation that is contrary
to the requirements of this ordinance may be held responsible for the violation and
suffer the penalties and be subject to the remedies herein provided.
K. Procedures upon discovery of violations.
1. If the zoning administrator finds that any provision of this ordinance is being
violated, a written notice shall be forwarded to the person responsible for such
violation, indicating the nature of the violation and ordering the action necessary
to correct it.
2. In cases when delay would seriously threaten the effective enforcement of
this ordinance or pose a danger to the public health, safety, or welfare, the zoning
administrator may seek enforcement without prior written notice by posting an
order to "cease and desist", and by invoking any of the penalties or remedies
authorized in this ordinance.
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3. The zoning administrator in consultation with the county attorney may
pursue other legal remedies as may be necessary.
L. Penalties and remedies for violations.
1. Violating, causing or permitting the violation of, or otherwise disregarding
any of the provisions of this chapter by any person, firm or corporation, whether
as principal, agent, owner lessee, employee or other similar position, shall be
unlawful and is subject to the following:
a. Criminal sanctions. Upon conviction, any such violation shall be a
misdemeanor punishable by a fine of not less than ten dollars ($10.00) nor more
than one thousand dollars ($1,000.00). If the violation is uncorrected at the time of
the conviction, the court may order the violator to abate or remedy the violation in
compliance with the zoning ordinance, within a time period established by the
court. Failure to remove or abate a zoning violation within the specified time period
shall constitute a separate misdemeanor offense punishable by a fine of not less
than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00), and any
such failure during any succeeding ten (10) day period shall constitute a separate
misdemeanor offense for each ten (10) day period punishable by a fine of not less
than one hundred ($100.00) nor more than one thousand five hundred dollars
($1,500.00).
Any conviction resulting from a violation of the provisions regulating the number
of unrelated persons living as a "family" in a residential dwelling shall be punishable
by a fine of up to $2,000. Failure to abate the violation within the specified time
period shall be punishable by a fine of up to $5,000, and any subsequent failure
during any succeeding 10-day period shall constitute a separate misdemeanor
offense for each 10-day period punishable by a fine of up to $7,500. However, no
such fine shall accrue against an owner or managing agent of a single-family
residential dwelling unit during the pendency of any legal action commenced by
such owner or managing agent of such dwelling unit against a tenant to eliminate
an overcrowding condition in accordance with Chapter 13 or Chapter 13.2 of Title
55, as applicable. A conviction resulting from a violation of provisions regulating
the number of unrelated individuals in a residential dwelling unit shall not be
punishable by a jail term.
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b. Injunctive relief. Any violation or attempted violation of this chapter may
be restrained, corrected or abated as the case may be by injunction or other
appropriate relief.
C. Civil penalties.
i. Any person summoned or issued a ticket for a violation of this chapter listed
below may make an appearance in person or in writing by mail to the county
treasurer prior to the date fixed for trial in court. Any person so appearing may
enter a waiver of trial, admit liability and pay the civil penalty established in this
section for the offense charged, in lieu of criminal sanctions. Such persons shall be
informed of their right to stand trial and that a signature to an admission of liability
will have the same force and effect as a judgment of court. If a person charged with
scheduled violation does not elect to enter a waiver of trial and admit liability, the
violation shall be tried in the general district court in the same manner and with
the same right of appeal as provided by law.
ii. A civil penalty is hereby established for a violation of any offense listed below
in the amount of two hundred dollars ($200.00) for anyone (1) violation for the
initial summons and five hundred ($500.00) for each additional summons:
1. Constructing, placing, erecting, installing, maintaining, operating, or
establishing an accessory structure or use in violation of Sec. 5-1004 et seq.
2. Constructing, placing, erecting or displaying a sign in violation of Sec. 9-1001
et seq.
3. Erecting, altering, or changing use or occupancy of any building, structure, or
premises without first obtaining a zoning certificate or certificate of zoning
compliance in violation of Sec. 1-1013.
4. Failure to perpetuate and maintain all landscaping, screening, and fencing
materials required by this chapter in violation of Sec. 8-1012.
5. Operating, conducting or maintaining a home occupation in violation of
Article IV.
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iii. Each day during which a violation is found to exist shall be a separate offense.
However, in no event shall specified violations arising from the same set of
operative facts be charged more frequently than once in a ten (10) day period and
in no event shall a series of such violations result in civil penalties which exceed a
total of more than five thousand dollars ($5,000.00). When such civil penalties total
$5,000 or more, the violation may be prosecuted as a criminal misdemeanor.
iv. The above provisions notwithstanding, civil penalties shall not accrue or be
assessed during the pendency of the 30-day appeal period allowable pursuant to
the terms of Sec 1-1019(C).
V. No provisions herein shall be construed to allow the imposition of civi
penalties for:
1. enforcement of the Uniform Statewide Building Code;
2. activities related to land development;
3. violations of the erosion and sediment control ordinance;
4. violations relating to the posting of signs on public property or public rights -
of -way; or
5. violations resulting in injury to any person or persons.
(7-7-05; Ord. No. 2011-10-C, 6-16-11; 7-19-18; 11-16-23.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of
Supervisors, Virginia, that Appendix B-1. Chesapeake Bay Preservation Area
Ordinance of the Isle of Wight County Code be amended and reenacted as follows:
Sec. 5003. Enforcement, violation and penalties.
(a) The primary responsibility for administering and enforcing this ordinance
shall be assigned to the zoning administrator or a duly authorized designee. The
zoning administrator or his duly authorized designee, planning commission
members and board of supervisors' members including other persons designated
by the board of supervisors, shall have authority to conduct inspections and surveys
upon the property affected by this ordinance to determine compliance with this
ordinance. The zoning administrator shall seek criminal or civil enforcement for any
provision of this ordinance and take any action on behalf of the county to prevent
or abate any violation or potential violation of this ordinance. The zoning
administrator, upon written request of an interested person whose property may
be affected, shall render an opinion as to the applicability of this ordinance to
particular uses in its application to the factual circumstances presented. The zoning
administrator shall design and distribute applications and forms required for this
ordinance and request information that is pertinent to the request of the approval
and shall perform such other duties as are necessary for the proper enforcement
and administration of this ordinance.
(b) Any person, firm or corporation who violates any of the provisions of this
chapter shall, on conviction, be guilty of a Class I misdemeanor as defined by Title
18.2 of the Code of Virginia as amended. Should any section or provision of this
chapter be declared by the courts to be unconstitutional or invalid, such decision
shall not affect the validity of this chapter as a whole or any part thereof, other
than the part so declared invalid or unconstitutional.
(c) In addition to any other remedies in subsection (b) of this section, the
following penalties are incorporated in this ordinance as follows:
1. Any person who: (i) violates any provision of the ordinance or (ii) violates or
fails, neglects, or refuses to obey any board of supervisors' or the zoning
administrator's final notice, order, rule, regulation, or variance or permit condition
authorized under this ordinance shall, upon such finding by an appropriate circuit
court, be assessed a penalty not to exceed five thousand dollars ($5,000.00) for
each day of violation.
2. With the consent of any person who: (i) violates any provision of this
ordinance or (ii) violates or fails, neglects, or refuses to obey any board of
supervisors' or zoning administrator's, notice, order, rule, regulation, or variance or
permit condition authorized under this ordinance, the board of supervisors' may
provide for the issuance of an order against such person for the one (1) time
payment of civil charges for each violation in specific sums, not to exceed ten
thousand dollars ($10,000.00) for each violation. Such civil charges shall be paid
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into the treasury of Isle of Wight County for the purpose of abating environmental
damage to or restoring Chesapeake Bay Preservation Areas in the county except
that where the violator is the county or its agent, the civil charges shall be paid into
the state treasury. The civil charges shall be in lieu of any appropriate civil penalty
imposed under subdivision 1. of this subsection. Civil charges may be in addition to
the cost of any restoration required or ordered by the board of supervisors or
zoning administrator. (8-21-06; 11-18-21(2); 11-16-23.)
The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Jefferson,
Grice and Rosie voting in favor of the motion and no Supervisor voting against the
motion.
Chairman McCarty called for a public hearing on the following:
Ordinance to Amend and Reenact Chapter 15, Taxes of the Isle of Wight County
Code.
Chairman McCarty called for persons to speak in favor of or in opposition to the
application.
No one appeared and Chairman McCarty closed the public hearing and called for
comments by the Board.
Supervisor Jefferson moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 15. TAXATION
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has
deemed it necessary and appropriate to update its current ordinances in order to
more clearly set forth local ordinances for the benefit of the public, in order to
accurately reflect current practices, to correct inaccuracies, and to conform to
those provisions set forth in the Code of Virginia (1950, as amended); and
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WHEREAS, the Board of Supervisors deems such a revision necessary as a means to
protect the health and welfare of the citizens of Isle of Wight County, Virginia;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors, Virginia, that Chapter 15. Taxation of the Isle of Wight County Code
be amended and reenacted as follows:
CHAPTER 15. -TAXATION.
Article I. - In General.
Sec. 15-6. Certain farm animals, etc., exempt from taxation.
The following farm animals, grains and other fees used for the nurture of farm
animals, farm machinery and farm implements shall be exempt from taxation:
(a) Horses, mules and other kindred animals.
(b) Cattle.
(c) Sheep and goats.
(d) Hogs.
(e) Poultry.
(f) Grains and other fees used for the nurture of farm animals.
(g) Farm machinery other than the farm machinery described in subsection (h)
below, and farm implements. Farm machinery and farm implements other than the
farm machinery and farm implements described in subsection (h), which shall
include (i) equipment and machinery used by farm wineries as defined in § 4.1-100
in the production of wine; (ii) equipment and machinery used by a nursery for the
production of horticultural products; (iii) any farm tractor as defined in § 46.2-100,
regardless of whether such farm tractor is used exclusively for agricultural
purposes; (iv) motor vehicles that are used primarily for agricultural purposes, for
which the owner is not required to obtain a registration certificate, license plate,
and decal or pay a registration fee pursuant to § 46.2-665, 46.2-666, or 46.2-670;
and (v) privately owned trailers as defined in § 46.2-100 that are primarily used by
farmers in their farming operations for the transportation of farm animals or other
farm products as enumerated in subdivisions 1 through 7. For purposes of this
section, "nursery" means any premises where nursery stock is propagated, grown,
fumigated, treated, packed, stored, or otherwise prepared for sale or distribution,
and "nursery stock" means all trees, shrubs, woody vines (including ornamentals),
bush fruits, grapevines, fruit trees, and nut trees offered for sale and distribution;
25
all buds, grafts, scions, and cuttings from such plants; and any container, soil, and
other packing material with such plants or plant products. "Nursery stock" also
means herbaceous plants and any florist or greenhouse plants.
(h) Farm machinery designed solely for the planting, production or harvesting of
a single product or commodity. (5-17-18; 11-16-23.)
The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Jefferson,
Grice and Rosie voting in favor of the motion and no Supervisor voting against the
motion.
COUNTY ADMINISTRATOR'S REPORT
Jamie Oliver, Transportation Manager, provided an update on the proposed
Arterial Plan for Route 17. The Board was apprised that it is being requested by
VDOT to review and consider its preferences. The matter is to be further discussed
at the Board's December 14, 2023 meeting.
Matters for the Board's Information were highlighted as follows: 1.) Incidents by
Zone Map — October 2023; 2.) Incidents by Zone Data (October 2023); Station
Activity Report (October 2023); and, Museum Report (October 2023).
The Board took a short recess and returned to open session. Chairman McCarty
called for Unfinished/Old Business.
Resolution to Establish Isle of Wight County's Legislative Priorities for the 2024
General Assembly Session
Assistant County Administrator reviewed the County's proposed legislative
strategy and requested the Board provide any suggested items for inclusion in the
2024 Legislative Agenda.
Supervisor Grice moved that the following Resolution be adopted with the
modification to "Additional Sales Tax":
RESOLUTION ESTABLISHING ISLE OF WIGHT COUNTY'S LEGISLATIVE PRIORITIES
26
FORTH 2024SESSION OF THE GENERAL ASSEMBLY
WHEREAS, the General Assembly considers numerous issues that affect local
governments both directly and indirectly; and,
WHEREAS, the County of Isle of Wight, Virginia has specific interest in matters
dealing generally with local governments, as well as matters directly impacting
the County of Isle of Wight; and,
WHEREAS, such interest should be shared with Isle of Wight County's General
Assembly Delegation so that it may know of the County's position on these
important issues.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of
Supervisors of the County of Isle of Wight, Virginia endorses the attached legislative
proposals for the 2024 General Assembly Session and directs that both this
resolution and the legislative priorities be forwarded to Isle of Wight County's
General Assembly Delegation and that staff work with and assist the Delegation as
appropriate.
The motion passed unanimously (5-0) with Supervisors McCarty, Acree, Jefferson,
Grice and Rosie voting in favor of the motion and no Supervisor voting against the
motion.
County Administrator Keaton advised that the Town of Smithfield has adopted the
Water and Sewer Agreement. It was noted that the agreement was modified in
2018 to include that within five years the Town would begin accepting water from
the County.
Supervisor Grice moved to authorize execution of the Water and Sewer Agreement
with the Town of Smithfield. The motion passed unanimously (5-0) with
Supervisors McCarty, Acree, Jefferson, Grice and Rosie voting in favor of the motion
and no Supervisor voting against the motion.
NEW BUSINESS
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Resolution to Amend the Budget and Appropriate Funding for School Employees'
Compensation ($485,616)
County Administrator Keaton advised that the State has appropriated funding to
provide an additional 2% compensation supplement for SOQ funded positions,
effective January 1, 2024. The School Board previously provided a 5% local salary
increase, effective July 1, 2023, for all SOQ and non-SOQ positions. Based on the
County's Composite Index, the State is providing funding in the amount of
$312,221 for SOQ positions. The local match plus the funding needed to cover the
2% increase for non-SOQ positions is $485,616.
Supervisor Grice moved that two members of the BOS (McCarty/Grice) and two
members from the School Board meet in order to discuss how to fund the request;
what are the non-SOQ positions the Board is being requested to provide; the job
titles; the number of people; the number of positions and their average wage. The
motion passed unanimously (5-0).
Certification Letter for the School Construction Assistance Program
County Administrator Keaton advised that Isle of Wight County Schools will be
applying for VDOE's School Construction Assistance Program (SCAP) grant for
FY2024 and the SCAP grant was created to assist with funding the construction,
expansion, or modernization of public -school buildings in the state. This is a
competitive grant program and is awarded to select school divisions that
demonstrate poor building conditions, commitment, and need.
In this regard, the Virginia Department of Education is requesting that school
divisions provide a letter from the Board of Supervisors certifying that the
percentage of local revenues dedicated to public education will not be reduced for
the duration of financing for construction projects.
Based on the County's current Composite Index, the State would provide grant
funding equivalent to roughly 20% of the project costs. County Schools are
W
planning to request funding for the following projects (potential grant funding
amount to be received is in parentheses):
Westside Elementary - $71,044,755 ($14.2 million)
Carrollton Elementary HVAC Replacement - $7.5 million ($1.5 million)
SHS Band and Chorus Room - $4,651,090 ($930,218)
Chairman McCarty moved to authorize the Chairman to execute the letter. The
motion was adopted unanimously (5-0).
There being no further business, Chairman McCary declared the meeting adjourned
at 10:55 p.m.
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Carey � Is S orm, Clerk
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William M. Mc ty, Sr., Chairman
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