August 21st, 2014 Full AgendaA Community of Choice, Committed to Excellence
Agenda
Board of Supervisors
Isle of Wight County
August 21, 2014
1. Call to Order (5:00 p.m.)
2. Closed Meeting
3. Invocation – The Honorable Al Casteen/Pledge of Allegiance (6:00
p.m.)
4. Approval of Agenda
5. Consent Agenda
A. Motion – Approve a Donation of a Fire Engine by the Smithfield Volunteer
Fire Department
B. Motion - Approve a Resolution to Consent to Assignment and Change of
County Cable Franchise Provider
C. Motion – Authorize a Preliminary Subdivision Plat and Exception to Section
5.12.2.C of the Subdivision Ordinance for Benn’s Grant
D. Motion – Authorize the Assignment of Griffin Farm Lease to the Industrial
Development Authority
E. Resolution – Acceptance of Moss Creek Circle and Beacon Hill Way into the
State Secondary System of Highways
F. Resolution – Accept and Appropriate Virginia Commission for the Arts Local
Government Challenge Grant
A Community of Choice, Committed to Excellence
G. Resolution – Accept and Appropriate Agriculture and Forestry Industries
Development Fund Grant for Montague Farms, Inc.
H. Resolution – Accept and Appropriate Victim Witness Grant from the Virginia
Department of Criminal Justice Services
I. Resolution – Accept and Appropriate Funds for Rural Rustic Road Projects
J. Resolution – Accept and Appropriate Funds Virginia Department of Health
Drinking Water Program Grant Funds
K. Resolution – Recognition of Accreditation Achievement by Sheriff’s Office
6. Regional Reports
7. Appointments
8. Special Presentation/Appearances
A. County Fair Queens Recognition and Isle of Wight County Fair Update
B. Leisure Guide Update (Fall/Winter)
C. Animal Control Adoption Program
D. PEG Channel Update
9. Citizens’ Comments
10. Public Hearings
A. Motion – Authorize Amendment to Conditional Zoning to Allow for Retail
Sales for Par 5 Development Group, LLC
B. Ordinance – Amend Floodplain Management District Regulations of the
County Code (Appendix B., Zoning)
A Community of Choice, Committed to Excellence
C. Ordinance – Amend Chapter 15, Taxation, Article V. Correction of
Assessments and Refunds, Section 15-19 of the County Code of
Ordinances to Amend Erroneous Tax Refund Procedures
D. Ordinance – Amend Chapter 11, Motor Vehicles and Traffic, Article 2,
Motor Vehicle Licenses, Sections 11-4 and 11-6
11. County Attorney’s Report
A. Motion – Approve Revised Social Services Board By-Laws
B. Motion – Adopt Revisions to Chapter 3, Article VIII, Code Enforcement
Policy, pertaining to Zoning Administration and Enforcement
C. Motion – Deny Request for Changes to Facility Use Agreement
12. County Administrator’s Report
A. Motion – Amend Chapters 6 & 7 , County Policy Manual to Address State
Requirements for Acceptable Computer and Phone Usage by Employees
and Public Officials
B. Staff Report – Quarterly Financial Report (4th Quarter FY14)
C. Staff Report – Transportation Projects Planning Update
D. Staff Report – Solid Waste Transition Plan Update
E. Intergovernmental Meeting Request by Town of Windsor and Discussion
of Route 460 Alternatives
13. Unfinished/Old Business
A. Tyler’s Beach Solutions and Strategies
A Community of Choice, Committed to Excellence
B. Motion to Approve Board Retreat Agenda and Invite Planning
Commission to Retreat
14. New Business
15. Informational Items
A. Delinquent Tax Collection Report
B. Treasurer’s Statement of Accountability
C. Windsor Water Bill
D. Letter from Rick Morris
E. Litter Pickup Update
16. Adjournment
August 21, 2014/asc/Donation of Fire Engine by Smithfield Volunteer Fire Department
ISSUE:
Donation of Fire Engine by Smithfield Volunteer Fire Department
BACKGROUND:
Smithfield Volunteer Fire Department (SVFD) plans to take receipt of a
new fire engine funded by the county in August/early September. The
new engine will replace a 1991 Ford Grohman, locally referred to as
Engine 51. SVFD’s assessment of Engine 51 is that it is underpowered
and of little practical use in an active fire service.
County staff reached out to the other county volunteer fire/ems agencies
to determine if there was any interest Engine 51. Neither county staff
nor SVFD had anyone express interest. Since no other county agencies
expressed any interest in obtaining Engine 51, SVFD plans to donate the
fire engine to the New Horizons Technical Training Center in Hampton.
The Center holds a Virginia State Firefighter 1 and 2 course as part of
their high school curriculum and the engine will be a useful training
device.
BUDGETARY IMPACT:
None
RECOMMENDATION:
For the Boards information.
ATTACHMENT:
None
August 21, 2014/MCP/CONSENT - Resolution Consenting to Assignment
ISSUE:
Motion to Approve Resolution to Consent to Assignment and
Change of Control of Cable Franchise Agreement
BACKGROUND:
On June 17, 2014, Comcast Corporation submitted its Application
for Franchise Consent to Assignment or Transfer of Control of
Cable Television Franchise (Form 394) as a result of its announced
transaction with Charter Communications, the cable franchise
operator in Isle of Wight County. Specifically, Comcast and
Charter are in the process of divesting and/or assuming certain
franchises throughout the country as part of a business transaction.
As a result, the franchise granted to Charter by the County will be
affected in that ownership of the franchise rights will be conveyed
to Comcast.
As required by the Federal Communications Commission,
Comcast provided the County with its Form 394, to which the
County requested certain clarifications related to the transaction
and how it may effect County residents. Having reviewed all of
the information presented by Comcast, it appears that there will be
no deviation from the current cable franchise agreement.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Authorize the Chairman to execute the Resolution as presented.
ATTACHMENTS:
Resolution
FCC Form 394
Correspondence To and From Comcast
August 21, 2014 / MJS / Benns Grant Preliminary Plat and exception request
ISSUE:
Motion to Authorize Preliminary Subdivision Plat and Exception
Request to Section 5.12.2.C of the Subdivision Ordinance for
Benns Grant
BACKGROUND:
The single-family component of the overall project is
approximately 143 acres in size. The preliminary subdivision
plat proposes a total of three-hundred twenty (320) single-family
lots. The lots are accessed from Route 10 via Benns Grant
Boulevard. A network of streets and alleys serve the individual
lots as shown on the preliminary plat.
BUDGETARY IMPACT:
Each of the three-hundred twenty (320) lots will contribute
$5,370, for a total amount of $1,718,400 which will be
reinvested in the project to fund off-site roadway improvements.
RECOMMENDATION:
Staff recommends approval of the preliminary plat and approval
of the requested exception to Section 5.12.2.C of the Subdivision
Ordinance.
At its July 22, 2014 meeting, the Planning Commission
recommended approval of the Preliminary Plat as presented (7-
1).
ATTACHMENTS:
Staff report and attachments from the July 22, 2014 Planning
Commission meeting
August 21, 2014/MCP/CONSENT - Assignment of Lease
ISSUE:
Motion to Authorize Assignment of Lease
BACKGROUND:
At its regular meeting on October 17, 2013, the Board held a public
hearing and granted approval to lease publicly-owned property,
commonly referred to as the “Griffin Farm”, to Carr Farms for a
three (3) year period.
At its regular meeting on March 20, 2014, the Board held a public
hearing and granted approval to convey the Griffin Farm to the
Industrial Development Authority (IDA) for inclusion as property
for sale in the Shirley T. Holland Intermodal Park.
In order to properly transfer all interest in the Griffin Farm to the
IDA, an Assignment of Lease must be executed to give the IDA
authority to act as Landlord under the Lease terms.
BUDGETARY IMPACT:
The budgetary impact will be an $8,401.25 per year decrease in
property lease revenue.
RECOMMENDATION:
Authorize the Chairman to execute the Assignment of Lease as
presented.
ATTACHMENTS:
Assignment of Lease
1 of 4
ASSIGNMENT OF LEASE
This Assignment of Rent and Lease dated this ___ day of _____________, 2014, by and
between Isle of Wight County, Virginia, a political subdivision of the Commonwealth of Virginia,
(hereinafter referred to as “Assignor”) and the Isle of Wight County Industrial Development
Authority, a political subdivision of the Commonwealth of Virginia, (hereinafter referred to as
“Assignee”):
WITNESSETH:
WHEREAS, the Assignor conveyed property located in the County Isle of Wight, Virginia,
known as Tax Map Number 54-01-070A (the “Property”), to the Assignee on March 20, 2014; and
WHEREAS, during its ownership, Assignor leased use of the Property to Carr Farms,
pursuant to that lease agreement executed on October 17, 2013 (the “Original Lease”), a copy of such
lease is attached hereto and incorporated herein by reference as Exhibit A; and
WHEREAS, the Assignor desires to assign its interests as Landlord in the Lease to Assignee,
and whereas Assignee desires to accept said assignment.
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained
herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the
parties hereby agree as follows:
1. Assignor hereby assigns to Assignee all of its rights, title and interest in and to the Lease,
effective as of March 20, 2104.
2. Assignor hereby warrants and represents that as of the date hereof:
a. The Lease described above is the only lease affecting the Property purchased by
Assignee. As of the date of this agreement, there are no assignments or agreements
to assign the Lease to any other party.
b. The Lease is in full force and effect and there exists no defaults of the part of the
Assignor thereunder. Assignor further has no actual knowledge of any defaults or any
acts or events which with the passage of time or the giving of notice could become
defaults thereunder on the part of any the lessee under the Lease.
3. This Assignment shall be governed by the laws of the Commonwealth of Virginia.
4. This Assignment shall be binding on and inure to the benefit of the parties hereto, their heirs,
executors, administrators, personal representatives, succors in interest and assigns.
WITNESS the following signatures and seals:
2 of 4
ISLE OF WIGHT COUNTY, VIRGINIA
_________________________________(SEAL)
Byron B. Bailey, Chairman
Isle of Wight County Board of Supervisors
STATE OF VIRGINIA
ISLE OF WIGHT COUNTY, to-wit:
The foregoing instrument was acknowledged before me this ____day of
_________________, 2014, by Byron B. Bailey, Chairman, Isle of Wight County Board of
Supervisors.
My commission expires:_______________.
My Notary Registration Number is: _____________
___________________________________
Notary Public
Attest:
Carey Mills Storm, Clerk
Approved as to Form:
Mark C. Popovich, County Attorney
3 of 4
ISLE OF WIGHT COUNTY
INDUSTRIAL DEVELOPMENT AUTHORITY
Ron Pack, Chairman
STATE OF VIRGINIA,
COUNTY OF ISLE OF WIGHT, to-wit:
The foregoing instrument was acknowledged before me this _____ day of ___________________,
2014, by Ron Pack, Chairman, Isle of Wight County Industrial Development Authority.
My commission expires: __________________.
____________________________________
Notary Public
4 of 4
EXHIBIT A
ISSUE:
Resolution to Request for VDOT to Add Moss Creek Circle (Route
1118) and Beacon Hill Way (Route 1117) in Eagle Harbor Subdivision
and Into the State Secondary System of Highways
BACKGROUND:
Moss Creek Circle (Route 1118) is located in the Eagle Harbor
Subdivision, Tract 1 Phase 4A and 4B. It is a 50 foot right-of-way
recorded in 2013 and extends 0.03 miles from Beacon Hill Way to a
cul-de-sac.
Beacon Hill Way (Route 1117) is also located in Eagle Harbor, Tract 1
Phase 4A and 4B. Beacon Hill Way is also a 50 foot right-of-way
recorded in 2013, and extends 0.28 miles from the intersection of
Graystone Drive (Route 1110) to an existing “T” turnaround.
BUGETARY IMPACT:
None
RECOMMENDATION:
Adopt a resolution to request acceptance of Moss Creek Circle (Route
1118) and Beacon Hill Way (Route 1117) into the State Secondary
System of Highways.
ATTACHMENTS:
Resolution
Roadway map illustrating road locations
VDOT Form AM-4.3
RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT
COUNTY VIRGINIA, REQUESTING ACCEPTANCE OF CERTAIN ROADS
IN EAGLE HARBOR SUBDIVISION, TRACT 1, PHASE 4A AND 4B, INTO
THE SECONDARY SYSTEM OF STATE HIGHWAYS
WHEREAS, the streets described on the attached Additions Form AM-4.3,
fully incorporated herein by reference, are shown on plats recorded in the Clerk’s
Office of the Circuit Court of Isle of Wight County, Virginia; and
WHEREAS, the Land Development Department of the Virginia Department of
Transportation has advised this Board that the streets meet the requirements
established in accordance with secondary road policies and the Subdivision Street
Requirements of the Virginia Department of Transportation and the Isle of Wight
County Subdivision Ordinance relating to acceptance of streets into the State’s
Secondary Road System;
NOW, THEREFORE BE IT RESOLVED that the Board of Supervisors of
Isle of Wight County requests the Virginia Department of Transportation to add the
streets, known as Moss Creek Circle (State Route 1118) and Beacon Hill Way (State
Route 1117), and described on the attached Additions Form AM-4.3 to the Secondary
System of State Highways, pursuant to Section 33.1-229 of the Code of Virginia of
1950, as amended, and the Department’s Subdivision Street Requirements.
BE IT FURTHER RESOLVED that this Board guarantees a clear and
unrestricted right-of-way, as described, and any necessary easements for cuts, fills,
and drainage.
BE IT FURTHER RESOLVED that a certified copy of this resolution be
forwarded to the Land Use Division for the Virginia Department of Transportation.
Adopted this 21th day of August, 2014.
_________________________
Byron B. Bailey, Chairman
______________________________
Carey Mills Storm, Clerk
Approved as to Form:
_______________________________
Mark A. Popovich, County Attorney
VDOT Form AM-4.3 (4/20/2007) Maintenance Division
Date of Resolution: August 21, 2014 Page 1 of 1
Street Name and/or Route Number
t Beacon Hill Way, State Route Number 1117
Old Route Number: 0
l From: 1110 - Graystone Dr
Recordation Reference: 2013-38-1,2,3,4
Right of Way width (feet) = 50
To: T turnaround, a distance of: 0.28 miles.
Street Name and/or Route Number
t Moss Creek Circle, State Route Number 1118
Old Route Number: 0
l From: 1117 - Beacon Hill Way
Recordation Reference: 2013-38-1,2,3,4
Right of Way width (feet) = 50
To: cul-de-sac, a distance of: 0.03 miles.
Project/Subdivision Eagle Harbor Tract 1, Phase 4A & 4B
Type Change to the Secondary System of State Highways:Addition
The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions
cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as
required, is hereby guaranteed:
Reason for Change:
Pursuant to Code of Virginia Statute:
New subdivision street
§33.1-229
Report of Changes in the Secondary System of State Highways
A Copy Testee Signed (County Official): ____________________________________________
The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for
changes in the secondary system of state highways.
By resolution of the governing body adopted August 21, 2014
In the County of Isle of Wight
August 21, 2014/MWT/Local Challenge Grant Award FY 15
ISSUE:
Resolution to Accept and Appropriate the Virginia Commission for the
Arts Government Challenge Grant to the Smithfield Cultural Arts
League
BACKGROUND:
The Commonwealth of Virginia, through the Virginia Commission of
the Arts, has informed the County that our locality has been awarded the
Local Challenge Grant for FY 2014-15 in the amount of $5,000.
BUDGETARY IMPACT:
Funds have been appropriated in the FY 2014-15 General Operating
Budget in the amount of $5,000 to meet the local match requirement.
RECOMMENDATION:
Adopt a resolution.
ATTACHMENT:
Resolution
Grant Award Letter
RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM
THE VIRGINIA COMMISSION OF THE ARTS
WHEREAS, the County of Isle of Wight, Virginia has been informed
that the Commonwealth, through the Virginia Commission of the Arts has
awarded our locality the Local Challenge Grant for FY 2014-15 in the amount
of $5,000; and,
WHEREAS, grant funding in the amount of five thousand dollars
($5,000) or as much as shall be received from The Virginia Commission of the
Arts needs to be accepted and appropriated to the FY 2014-15 General
Operating Budget of Isle of Wight County, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of Isle of Wight County that grant funds in the amount
of five thousand dollars ($5,000) or as much as shall be received from the
Virginia Commission of the Arts be appropriated to the appropriate line item
in the FY 2014-15 General Operating Budget of Isle of Wight County.
BE IT FURTHER RESOLVED that the County Administrator of Isle
of Wight County is authorized to make the appropriate accounting adjustments
and to do all things necessary to give this resolution effect.
Adopted this 21st day of August, 2014.
Byron B. Bailey, Chairman
______________________________
Carey Mills-Storm, Clerk
Approved as to form:
Mark Popovich, County Attorney
ISSUE:
Adopt a Resolution to Accept and Appropriate Agriculture and Forestry
Industries Development Fund Grant for Montague Farms, Inc.
BACKGROUND:
The County was awarded funding in the amount of $14,700 from the
Agriculture and Forestry Industries Development Fund (AFID) provided
by the Virginia Department of Agriculture and Consumer Services as an
economic development incentive to offset costs associated with the
expansion of an existing soybean processing facility at Montague Farms,
Inc.
The County will provide the funding to Montague Farms, Inc. in three
(3) equal installments of $4,900 annually for three (3) successive years.
RECOMMENDATION:
Adopt a resolution to accept and appropriate funding in the amount of
$14,700 from the Virginia Department of Agriculture and Consumer
Services.
ATTACHMENTS:
Resolution
August 21, 2014
RESOLUTION TO ACCEPT AND APPROPRIATE AGRICULTURE
AND FORESTRY INDUSTRIES DEVELOPMENT (AFID) FUND
GRANT FUNDS FOR MONTAGUE FARMS, INC.
WHEREAS, Isle of Wight County was awarded funding in the amount of
$14,700 from the AFID Fund provided by the Virginia Department of Agriculture
and Consumer Services as an economic development incentive to offset costs
associated with the expansion of an existing soybean processing facility at
Montague Farms, Inc.; and,
WHEREAS, the County will provide the funding to Montague Farms, Inc.
in three (3) equal installments of $4,900 annually for three (3) successive years.
WHEREAS, said funding needs to be accepted and appropriated to the
FY 2014-15 General Operating Budget of Isle of Wight County, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the
Board of Supervisors of Isle of Wight County that AFID funds in the amount of
fourteen thousand seven hundred dollars ($14,700) or as much as shall be
received from the Virginia Department of Agriculture and Consumer Services be
appropriated to the appropriate line item in the FY 2014-15 General Operating
Budget of Isle of Wight County.
BE IT FURTHER RESOLVED that the County Administrator of Isle of
Wight County is authorized to make the appropriate accounting adjustments and
to do all things necessary to give this resolution effect.
Adopted this 21st day of August, 2014.
Byron B. Bailey, Chairman
______________________________
Carey Mills-Storm, Clerk
Approved as to form:
Mark Popovich, County Attorney
August 21, 2014/MWT/Victim Witness FY 15 Accept & Appropriate
ISSUE:
Resolution to Accept and Appropriate Funds for the Virginia Department
of Criminal Justice Services Victim Witness Assistance Grant Program
BACKGROUND:
The Victim Witness Assistance Grant provides financial support to local
victim/witness programs providing direct services, information, and
assistance required by Virginia’s Crime Victim and Witness Rights Act.
FY 2014-15 Victim Witness Assistance Grant funding in the amount of
$49,741 has been awarded by the Virginia Department of Criminal
Justice Services to the County’s Victim Witness Assistance Grant
Program.
BUDGETARY IMPACT:
No match is required. Adoption of the attached resolution will increase
the revenues and expenditures of the FY 2014-15 General Operating
Budget by the amount of grant funds received.
RECOMMENDATION:
Adopt a resolution to accept and appropriate funding for the
Victim Witness Assistance Grant from the Virginia Department of
Criminal Justice Services.
ATTACHMENT:
Resolution
Grant Award Letter
RESOLUTION TO ACCEPT AND APPROPRIATE GRANT
FUNDS RECEIVED FROM THE VIRGINIA DEPARTMENT OF
CRIMINAL JUSTICE SERVICES
WHEREAS, Isle of Wight County has received a grant award from the
Virginia Department of Criminal Justice Services through the Victim Witness
Assistance Grant Program; and,
WHEREAS, the grant award is in the amount of forty-nine thousand
seven hundred forty-one dollars ($49,741) or so much as shall be received
needs to be accepted and appropriated to appropriate line item in the FY 2014-
15 Operating Budget of the County of Isle of Wight County.
NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of Isle of Wight County, Virginia, that forty-nine
thousand seven hundred forty-one dollars ($49,741) or so much as shall be
received from the Virginia Department of Criminal Justice Services be
accepted and appropriated to the appropriate line item in the FY 2014-15
Operating Budget of the County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of Isle
of Wight County is authorized to make the appropriate accounting adjustments
and to do all things necessary to give this resolution effect.
Adopted this 21st day of August, 2014.
Byron B. Bailey, Chairman
___________________________
Carey Mills-Storm, Clerk
Approved as to form:
__________________________________
Mark Popovich, County Attorney
August 21, 2014/jlo/Rural Rustic Roads
ISSUE:
Resolution to Accept and Appropriate State Funds for Rural Rustic Roads
Paving Projects
BACKGROUND:
The recently adopted VDOT FY 2015-2020 Secondary Six Year
Improvement Program (SSYIP) includes five (5) fully-funded Rural Rustic
paving projects that were adopted by the Board of Supervisors as Locally
Administered Projects and scheduled for completion in 2014. Complete
construction plans for all five (5) roads have been submitted to the Virginia
Department of Transportation (VDOT) for review and approval and the
County anticipates authorization to advertise by August 31, 2014. Paving
is expected to be completed within 4-6 months from the time of contract
award.
Road Name UPC Construction Estimate
Twin Hill Lane 103054 $ 100,280.25
Yellow Rock Lane 103057 $ 231,620.55
Country Way 103052 $ 166,391.40
Holly Point Way 103055 $ 255,975.30
Poplar Drive 103056 $ 145,754.70
TOTAL $900,022.20
BUDGET IMPACT:
Acceptance and appropriation of the State funds will increase the Capital
Fund budget by $900,022.20.
RECOMMENDATION:
Adopt a resolution to appropriate $900,022.20 to the Capital Fund Budget
for the approved Rural Rustic Roads projects.
ATTACHMENTS:
Resolution
August 21,2014/jlo/Rural Rustic Roads -- Resolution
RESOLUTION TO ACCEPT AND APPROPRIATE STATE FUNDS
FOR RURAL RUSTIC ROADS PAVING PROJECTS
WHEREAS, Isle of Wight County Board of Supervisors has approved
a Secondary Six Year Improvement Program (SSYIP) for FY 2015-2020,
which was adopted by the Commonwealth Transportation Board, and includes
completing five (5) Rural Rustic Road paving projects in 2014; and,
WHEREAS, the Virginia Department of Transportation (VDOT)
authorizes the County to locally administer transportation projects to increase
efficiency in project costs and schedules and the County has committed to
locally administering said five (5) Rural Rustic Road paving projects by
executed Project Administration Agreements between the County and VDOT
to include UPC 103054 (Twin Hill Lane), UPC 103057 (Yellow Rock Lane),
UPC 103052 (Country Way), UPC 103055 (Holly Point Way) and UPC
103056 (Poplar Drive); and,
WHEREAS, the five projects are funded by VDOT Secondary Road
funds as follows:
Twin Hill Lane at $100,280.25
Yellow Rock Lane at $231,620.55
Country Way at $166,391.40
Holly Point Way at $255,975.30
Poplar Drive at $145,754.70
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Isle of Wight County, Virginia, that an additional nine hundred
thousand, twenty two dollars and twenty cents ($900,022.20) be appropriated
to the Capital Projects Fund for construction expenditures on Rural Rustic
Road paving projects as committed in the VDOT Secondary Six Year
Improvement Program (SSYIP) FY 2015-2020.
BE IT FURTHER RESOLVED that the County Administrator is
hereby authorized to proceed with advertising and awarding the contract for
said projects in accordance with the Virginia Public Procurement Act and
County policy, and is authorized to execute any and all necessary contracts and
August 21,2014/jlo/Rural Rustic Roads -- Resolution
agreements to complete said projects, upon review and approval of the County
Attorney.
BE IT FURTHER RESOLVED that the County Administrator of Isle
of Wight County, Virginia is authorized to execute all Program documents and
make such accounting adjustments and execute such agreements and contracts
as necessary to give this resolution effect.
Adopted this 21th day of August 2014.
Byron B. Bailey, Chairman
_________________________
Carey Mills Storm, Clerk
Approved as to Form:
______________________________
Mark C. Popovich, County Attorney
ISSUE:
Resolution to Accept and Appropriate Funds from the Virginia Department of
Health Drinking Water Program for the Lawnes Point Interconnect Project and
the Zuni Well Feasibility Study
BACKGROUND:
Isle of Wight County was notified on August 5, 2014 that it was the recipient
of two (2) grant awards totaling $95,000 for an engineering design and
feasibility study. These grants were awarded by Virginia Department of Health
(VDH), Office of Drinking Water under their Financial and Construction
Assistance Program.
The first grant award, in the amount of $48,000, is for the engineering design
to interconnect the Lawnes Point and Rushmere Shores water systems to
provide a more efficient regional system and improved water quality.
The second grant award, in the amount of $47,000, is a feasibility study to
flood-proof or relocate the Zuni well out of the flood plain which is a high
priority project for the County.
BUDGET IMPACT:
There are no local matching funds required.
RECOMMENDATIONS:
Adopt a resolution to accept and appropriate $95,000, including $48,000 for
the Lawnes Point interconnect project and $47,000 for the Zuni well feasibility
study project from the Virginia Department of Health.
ATTACHMENTS:
- Resolution to Accept and Appropriate Funds
- Zuni Feasibility Study Award Notice from VDH
- Lawnes Point Interconnect Award Notice from VDH
RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM
THE VIRGINIA DEPARTMENT OF HEALTH DRINKING WATER
PROGRAM FOR THE LAWNES POINT INTERCONNECT
PROJECT AND THE ZUNI WELL FEASIBILITY PROJECT
WHEREAS, the Virginia Department of Health (VDH) has awarded
Isle of Wight County a grant for the engineering design to interconnect the
Lawnes Point and Rushmere Shores water systems, and a grant for a feasibility
study to flood proof or relocate the Zuni well out of the flood plain; and,
WHEREAS, the County agrees to manage and execute these projects as
locally administered projects.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Isle of Wight County, Virginia, that grant funding in the amount
of ninety-five thousand dollars ($95,000), or as much as shall be received, from
the Virginia Department of Health be accepted and the funds be appropriated
to the Capital Projects Fund Budget as follows:
- Lawnes Point and Rushmere Shores Water System
Interconnection Project - $48,000
- Zuni Well Feasibility Project - $47,000
BE IT FURTHER RESOLVED, that the County Administrator of Isle
of Wight County, Virginia be authorized to make the appropriate accounting
adjustments in the budget and do all things necessary to give this resolution
effect.
Adopted this 21th day of August 2014.
Byron B. Bailey, Chairman
_________________________
Carey Mills Storm, Clerk
Approved as to Form:
______________________________
Mark C. Popovich, County Attorney
ISSUE:
Resolution to Recognize the Initial Accreditation of the Sheriff’s Office
BACKGROUND:
The Sheriff’s Office received its initial accreditation by the Virginia Law
Enforcement Professional Standards Commission in May 2014.
Accreditation is the ongoing process whereby agencies evaluate policy
and procedure against established criteria, and have compliance with that
criteria verified by an independent and authoritative body; however the
ultimate goal of accreditation is enhanced service delivery.
In recognition of the accomplishment of the Sheriff’s Office, a
Presentation of Accreditation will be held at 4:00 pm on Thursday,
August 21, 2014 in the Young-Laine Courts Building to publicly
celebrate this achievement.
RECOMMENDATION:
Adopt a resolution.
ATTACHMENTS:
Resolution
RESOLUTION TO RECOGNIZE THE INITIAL ACCREDITATION
OF THE ISLE OF WIGHT COUNTY SHERIFF’S OFFICE
WHEREAS, accreditation is an ongoing process whereby law
enforcement agencies evaluate policies and procedures against established
criteria and have compliance with that criteria verified by an independent and
authoritative body; and,
WHEREAS, the Isle of Wight County Sheriff’s Office received its
initial accreditation from the Virginia Law Enforcement Professional
Standards Commission in May 2014; and,
WHEREAS, accreditation represents a significant milestone for the Isle
of Wight County Sheriff’s Office; and,
WHEREAS, the Board of Supervisors wishes to recognize the
achievement of the Sheriff’s Office.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that
the Board of Supervisors of the County of Isle of Wight, Virginia recognizes
and congratulates the Isle of Wight County Sheriff’s Office on the occasion of
its initial accreditation by the Virginia Law Enforcement Professional
Standards Commission.
Adopted this 21st day of August, 2014.
Byron B. Bailey, Chairman
______________________________
Carey Mills-Storm, Clerk
Approved as to form:
Mark Popovich, County Attorney
ISSUE:
Regional Reports
BACKGROUND:
The Board of Supervisors has previously directed that an opportunity be
provided for monthly status briefings from Board members who serve as
representatives to the various regional committees and authorities on
behalf of the County.
RECOMMENDATION:
Receive an oral report.
ATTACHMENT:
Listing of regional committees/authorities and Board representation
2014 Board Member Regional Representatives
(Appointed By Board Vote)
Term Expires
Hampton Roads Economic Development AllianceBuzz B. Bailey January 2015
Hampton Roads Transportation PlanningDelores C. Darden January 2015
OrganizationBuzz B. Bailey/Alternate January 2015
Hampton Roads Military and Federal FacilitiesDelores C. Darden January 2015
Alliance
Hampton Roads Planning District CommissionDelores C. Darden January 2015
Mayors and Chairs CaucusBuzz B. Bailey January 2015
Southeastern Public Service AuthorityAnne F. Seward December 2014
Mark C. Popovich/Alternate December 2014
Southside Mayors and ChairsBuzz B. Bailey January 2015
Western Tidewater Regional Jail AuthorityRex W. Alphin January 2015
Rudolph Jefferson January 2015
Anne Seward/Alternate
Western Tidewater Water AuthorityDelores C. Darden January 2015
Al Casteen July 2015
Anne F. Seward July 2015
Mark Popovich/Alternate July 2015
Regional Reports/Attachment
Bo
a
r
d
s
/
C
o
m
m
i
s
s
i
o
n
s
/
C
o
m
m
i
t
t
e
e
s
N
a
m
e
D
i
s
t
r
i
c
t
Ch
a
m
b
e
r
of
Co
m
m
e
r
c
e
L
i
s
a
T.
Pe
r
r
y
S
m
i
t
h
f
i
e
l
d
Co
m
m
i
s
s
i
o
n
on
Ag
i
n
g
A
l
l
a
n
Ha
n
r
a
h
a
n
S
m
i
t
h
f
i
e
l
d
R
e
s
i
g
n
e
d
/
J
a
n
u
a
r
y
2
0
1
6
Co
m
m
i
s
s
i
o
n
on
Ag
i
n
g
B
r
e
n
d
a
St
e
p
h
e
n
s
o
n
W
i
n
d
s
o
r
A
u
g
u
s
t
2
0
1
4
Ev
e
n
t
s
Co
m
m
i
t
t
e
e
L
y
n
n
Br
i
g
g
s
S
m
i
t
h
f
i
e
l
d
R
e
s
i
g
n
e
d
N
o
Expiration
Pa
u
l
D.
Ca
m
p
Co
m
m
u
n
i
t
y
Co
l
l
e
g
e
P
a
t
r
i
c
i
a
So
w
e
l
l
J
u
n
e
2
0
1
4
Se
n
i
o
r
Se
r
v
i
c
e
s
of
So
u
t
h
e
a
s
t
e
r
n
Vi
r
g
i
n
i
a
A
l
l
a
n
Ha
n
r
a
h
a
n
I
O
W
Re
p
r
e
s
e
n
t
a
t
i
v
e
Res
i
g
n
e
d
/
F
e
b
r
u
a
r
y2015
So
c
i
a
l
Se
r
v
i
c
e
s
Bo
a
r
d
J
u
l
i
a
Pe
r
k
i
n
s
W
i
n
d
s
o
r
J
u
n
e
2
0
1
4
Vi
r
g
i
n
i
a
Al
c
o
h
o
l
Sa
f
e
t
y
Ac
t
i
o
n
Pr
o
g
r
a
m
(S
o
u
t
h
e
a
s
t
e
r
n
)
K
e
l
l
y
Sa
u
b
e
r
/
R
e
s
i
g
n
e
d
I
O
W
Re
p
r
e
s
e
n
t
a
t
i
v
e
R
e
s
i
g
n
e
d
/
M
a
y
2
0
1
4
We
s
t
e
r
n
Ti
d
e
w
a
t
e
r
Co
m
m
u
n
i
t
y
Se
r
v
i
c
e
s
Bo
a
r
d
E
l
l
e
n
Co
u
c
h
I
O
W
Re
p
r
e
s
e
n
t
a
t
i
v
e
R
e
s
i
g
n
e
d
/
J
u
l
y
2
0
1
4
We
s
t
e
r
n
Ti
d
e
w
a
t
e
r
Co
m
m
u
n
i
t
y
Se
r
v
i
c
e
s
Bo
a
r
d
P
a
t
Cl
a
r
k
I
O
W
Re
p
r
e
s
e
n
t
a
t
i
v
e
D
e
c
e
m
b
e
r
2
0
1
4
Te
r
m
Expires
Bo
a
r
d
s
/
C
o
m
m
i
s
s
i
o
n
s
/
C
o
m
m
i
t
t
e
e
s
(A
p
p
o
i
n
t
e
d
by
Bo
a
r
d
Vo
t
e
)
CommitteesMember
Building, Grounds & TransportationAl Casteen January 2015
Buzz B. Bailey January 2015
Community DevelopmentRex W. Alphin January 2015
Delores C. Darden January 2015
Joint Tourism CommitteeAl Casteen January 2015
Delores C. Darden January 2015
Parks, Recreation & CulturalRex W. Alphin January 2015
Rudolph Jefferson January 2015
PersonnelDelores C. Darden January 2015
Rudolph Jefferson January 2015
Public SafetyAl Casteen January 2015
Rudolph Jefferson January 2015
Franklin Intergovernmental Relations Committee Rex W. Alphin January 2015
Delores C. Darden January 2015
Smithfield Intergovernmental Relations Committee Al Casteen January 2015
Rudolph Jefferson January 2015
Windsor Intergovernmental Relations Committee Rex W. Alphin January 2015
Delores C. Darden January 2015
Term Expires
2014 Appointed Committees
Board Chairman
ISSUE:
Introduction of the 2014 Isle of Wight County Fair Queens and County
Fair Update
BACKGROUND:
The Isle of Wight County Fair Pageant was held on August 1, 2014 at
Windsor High School. The following young ladies were crowned:
Reagan Pelto, Wee Miss IOW County Fair
Autumn Callis, Little Miss IOW County Fair
Bailee Edwards, Junior Miss IOW County Fair
Madelynn Marston, Preteen Miss IOW County Fair
Kimberly Marchant, Teen Miss IOW County Fair
Gabriella Bryce, Miss IOW County Fair
These young ladies were judged on evening gowns, personality wear,
and interviews. The Miss category was also judged on platform. Over
the course of the next year, the queens will represent the County Fair at
many events throughout the County and neighboring communities.
The Isle of Wight County Fair will be held at the Joel C. Bradshaw
Fairgrounds on September 11-14, 2014. The queens will be making
announcements, handing out awards for competitions, and be
introduced on the main stage.
The Isle of Wight County Fair Chairman will be present to update the
Board on the activities planned for this year’s County Fair.
RECOMMENDATION:
Congratulate the 2014 Isle of Wight County Fair Queens.
ATTACHMENTS:
None
ISSUE:
Staff Presentation - Parks and Recreation Leisure Guide
BACKGROUND:
Staff will provide a brief presentation on the Fall/Winter
Recreation and Leisure classes and programs offered by the
County’s Department of Parks and Recreation.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Receive a presentation.
ATTACHMENTS:
None
ISSUE:
Special Presentation – Animal Control Adoption Program
BACKGROUND:
Staff will provide a brief display of animals which are
currently available for adoption at the County’s animal
shelter.
RECOMMENDATION:
Receive presentation.
ATTACHMENTS:
None
ISSUE:
Isle of Wight County PEG Channel Update
BACKGROUND:
County staff recently implemented several upgrades and enhancements
to the Isle of Wight County local government channel on Charter cable
TV. The IT Department will give a brief presentation to discuss the new
technology improvements and capabilities.
BUDGETARY IMPACT:
None
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS:
To be presented at the Board’s meeting on Thursday August 21, 2014
August 21, 2014 / MJS / Par 5 Development Group, LLC rezoning application
ISSUE:
Motion to Authorize Amendment to Conditional Zoning to allow for
Retail Sales for Par 5 Development Group, LLC
BACKGROUND:
The property was rezoned to Conditional – General Commercial (C-
GC) on March 15, 2001. The proffered conditions allow for the
following uses on the property: Manned Laundromat; Car Wash; Mini-
warehousing; Outside Storage; and no more than three (3) coin
operated machines. Following the rezoning approval in 2001, no
commercial development has occurred on the property. The request is
to amend the 2001 proffer statement in order to allow Retail Sales as a
permitted use on the property.
The applicant intends to construct a 9,100 square foot retail
establishment that will be accessed off of Fort Huger Drive. The
applicant submitted a Traffic Impact Assessment, which indicates that a
9,100 square foot retail establishment will not have a negative impact
on the existing road network in this area of the County, which was
confirmed by VDOT.
RECOMMENDATION:
Staff recommends that the Board of Supervisors approve the rezoning
application as submitted.
At its July 22, 2014 meeting, the Planning Commission recommended
approval of the rezoning application by a vote of 8-0.
ATTACHMENTS:
- Staff report and attachments from the June 24, 2014 Planning
Commission meeting
- Staff memorandum and attachment from the July 22, 2014 Planning
Commission meeting
July 22, 2014 PC Meeting/ MJS / ZA-05-14 Par 5 Development Group, LLC
MEMORANDUM
TO: Isle of Wight County Planning Commission
FROM: Matthew Smolnik, Assistant Director of Planning & Zoning
DATE: July 16, 2014
RE: ZA-05-14: Par 5 Development Group, LLC
A public hearing was held on the above referenced application at the June 24, 2014
Planning Commission meeting. During the public hearing, an issue was raised by a
citizen regarding a nearby BMP owned by the Virginia Department of
Transportation and how the facility did not function properly. The citizen
discussed how his property flooded during heavy rainstorm events. Additionally,
the representative for the applicant was not present to answer questions from the
Planning Commission due to confusion regarding the meeting date. Therefore, the
Commission voted to defer action on this application until their July 22, 2014
meeting.
Following the June 24, 2014 meeting, staff reached out to VDOT representatives to
inquire on the current condition and operation of the BMP located on Route 10.
Please refer to the attached email from Mr. Joe Lomax dated July 15, 2014 for
further details. Mr. Lomax noted that “The basin in no way holds up the
development as is, unless the development is adding volume to the location in
question” and stated the basin is scheduled for maintenance later this year.
Both staff and the representative for the applicant will be prepared to answer any
questions raised by the Planning Commission at the July 22, 2014 meeting. Please
be sure to bring the materials included in your June 24, 2014 agenda packet for
your reference.
Attachment:
1. Email from Mr. Joe Lomax dated July 15, 2014
August 21, 2014/BHW/Floodplain Management District Regulations
ISSUE:
Adopt a Motion to Amend Floodplain Management District Regulations
of the County Code (Appendix B, Zoning)
BACKGROUND:
In order to apply for the Community Rating System program, staff met
with Virginia Department Conservation and Recreation’s Floodplain
Engineer and the Virginia National Flood Insurance Program (NFIP)
Coordinator for a required Community Assistance Visit. The purpose of
the visit was to ensure the prospective community was in good standing
with the NFIP. The NFIP Coordinator determined the Floodplain
Management Overlay District guidelines must be amended to remain
compliant.
RECOMMENDATION:
Staff recommends approval of the amendments as presented.
The Planning Commission held a public hearing on the amendments and
voted on May 27, 2014 to recommend approval of the amendments to
the Board of Supervisors (8-0).
ATTACHMENTS:
- Ordinance Amendment final form version
- Report from the April 22, 2014 Planning Commission Meeting
- Ordinance Amendment redlined versions
AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT
COUNTY CODE BY AMENDING AND REENACTING APPENDIX B,
ZONING, ARTICLE II, ENTITLED “INTERPRETATIONS AND BASIC
DEFINITIONS”, SECTION 2-1002, ENTITLED “DEFINITIONS”;
ARTICLE VI, ENTITLED “OVERLAY DISTRICTS”, SECTION 6-4002,
ENTITLED “DESIGNATION OF THE FLOODPLAIN
ADMINISTRATOR", SECTION 6-4003, ENTITLED “SUBMITTING
TECHNICAL DATA”, SECTION 6-4004, ENTITLED “APPLICABILITY”,
SECTION 6-4006, ENTITLED “ABROGATION AND GREATER
RESTRICTIONS”, SECTION 6-4008, ENTITLED “PENALTY FOR
VIOLATION”, SECTION 6-4009, ENTITLED “PERMIT REQUIRED”,
SECTION 6-4011, ENTITLED “GENERAL PROVISIONS”, SECTION 6-
4012, ENTITLED “SPECIAL STANDARDS AND REQUIREMENTS” FOR
THE PURPOSE OF UPDATING THE FLOODPLAIN MANAGEMENT
DISTRICT REGULATIONS AND ASSOCIATED DEFINITIONS.
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 adopted the
Floodplain Management Overlay (FPMO) District provisions to prevent the loss of
life and property, the creation of health and safety hazards, the disruption of
commerce and governmental services, the extraordinary and unnecessary
expenditure of public funds for flood protection and relief, and the impairment of
the tax base; and
WHEREAS, the FPMO is further intended to ensure that all property
owners within the County are eligible for participation in the National Flood
Insurance Program and able to secure such insurance at nominal rates; and
WHEREAS, Isle of Wight County Board of Supervisors finds it necessary
to revise the provisions of the FPMO to comply with the National Flood Insurance
Program.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Article II, entitled “Interpretations
and Basic Definitions”, Section 2-1002, entitled “Definitions” 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 main 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.
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.
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 used for storage or mechanical equipment. Improvement
to habitable status shall make it a story.
Automobile.\ See "motor vehicle."
Automobile wrecking yard.\ Automobile wrecking yard shall mean any lot or
place which is exposed to the weather and upon which more than two (2) vehicles
of any kind that are incapable of being operated and which it would not be
economically practical to make operative, are placed, located or found for a period
exceeding thirty (30) days. The movement or rearrangement of such vehicles
within an existing lot or facility shall not render this definition inapplicable. (See
also scrap and salvage services in section 3-700.)
Base density.\ The maximum number of dwelling units permitted outright by a
particular land-use classification.
Base flood\ The flood having a one (1%) 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
one hundred (100) year flood or 1% 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 man-made or
natural barrier to the continuity of development.
Board of supervisors.\ Governing body of Isle of Wight County. Also referred
to as the board.
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 following: to the roof line, to the
average height of the top of the cornice of flat roofs, to the deck line of a mansard
roof, to the middle height of the highest gable or dormer in a pitched or hipped
roof, except that, 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 comer 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.
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.
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 (4½) 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 1.5 feet and 3 feet and identified 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
VI-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 man-made 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.
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.
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
by waves or currents of water exceeding anticipated cyclical levels or suddenly
caused by an unusually high water level in a natural body of water accompanied by
a severe storm, 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: ..... Areas subject to inundation by the 100-year flood where
detailed analyses have not been performed and base flood elevations are
not shown.
2. Zone AE: ..... Areas subject to inundation by the 100-year flood as
determined by detailed methods with base flood elevations shown within
each area.
3. Zone VE: ..... Areas along coastal regions subject to additional hazards
associated with storm wave and tidal action as well as inundation by the
100-year flood.
4. Zone X: ..... Areas located above the 100-year flood boundary and having
moderate or minimal flood hazards.
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.
Flood-prone area.\ Any land area susceptible to being inundated by water from
any source (see definition of flooding).
Floodproofing.\ Any combination of structural and non-structural 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.
Footcandle.\ A unit of measure for illuminance. A unit of illuminance on a
surface that is everywhere one (1) foot from a uniform point source of light of one
(1) candle and equal to one (1) lumen per square foot.
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.
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.
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.
Junkyard.\ Junkyard shall mean any establishment or place of business which is
maintained, operated, or used for storing, keeping, buying, or selling junk, or for
the maintenance or operation of an automobile wrecking yard. For purposes of this
definition, "junk" shall mean old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber, debris, waste, or junked, dismantled, or wrecked automobiles, or
parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material. (See
also "scrap and salvage services" in section 3-700.)
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.
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.\ Manufactured [home] means 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 08/19/1991.
Manufactured home park or subdivision, new.\ means 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 08/19/1991.
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
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),08/19/91, 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.
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.
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.
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
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
year.
Sign.\ Any device, fixture, placard, or structure that uses any color, form,
graphic, illumination, symbol, or writing to advertise, announce the purpose of,
call attention to, or identify the purpose of a person or entity, or to communicate
information of any kind to the public.
Sign, animated.\ Any sign that uses movement or change of lighting to
depict action or to create a special effect or scene. This shall not include a
variable message sign.
Sign, banner.\ Any sign of lightweight fabric or similar material that is
mounted to a pole or a building by one (1) or more of its edges. National flags,
state, or municipal flags, or the official flag of any institution or business shall
not be considered banners.
Sign, beacon.\ Any light with one (1) or more beams directed into the
atmosphere or directed at one (1) or more points not on the same zone lot as the
light source; also, any light with one (1) or more beams that rotate or move.
Sign, billboard.\ An off-premises sign owned by a person, corporation, or
other entity that engages in the business of selling the advertising space on that
sign.
Sign, canopy.\ Any sign that is painted on, printed on, part of or otherwise
attached to or displayed on an awning, canopy, or other fabric, plastic, or
structural protective cover over a door, entrance, window, or outdoor service
area. No such signs shall project vertically above or below, or horizontally
beyond the physical dimensions of such canopy.
Sign, changeable copy.\ A sign or part of a sign that is designed so that
characters, letters, or illustrations can be changed or rearranged on a letter track
that can be rearranged without altering the face or surface of the sign.
Sign, commercial message.\ Any wording, logo, or other representation
that, directly or indirectly, names, advertises, or calls-attention to a business,
product, service, or other commercial activity.
Sign, directional.\ On-premises signage designed to guide vehicular and/or
pedestrian traffic by issuing words such as "Entrance," "Exit," "Parking,"
"One-Way," or similar instructions, and related indicator graphics such as
arrows, which may include the identification of the building or use but may not
include any advertising or commercial message or logo.
Sign, electronic message board.\ Defined as signs or portions of signs that
use changing lights to form a sign message or messages wherein the sequence
of messages and the rate of change is electronically programmed and can be
modified by electronic processes.
Sign, facade.\ Any sign attached to any part of a building, as contrasted to a
freestanding sign, and projecting no further than six (6) inches from the
building wall it is attached to. See also: "sign, wall."
Sign, flag.\ Any fabric or bunting containing distinctive colors, patterns, or
symbols, used to communicate a message or draw attention to a development,
business, land use, or other similar entity.
Sign, freestanding.\ A sign that is attached to, erected on, or supported by
some structure (such as a pole, mast, frame, or other structure) that is not itself
an integral part of or attached to a building or structure whose principal
function is something other than the support of a sign.
Sign, internally illuminated.\ A sign where the source of the illumination is
inside the sign and light emanates through the message of the sign, rather than
being reflected off the surface of the sign from an external source. A sign that
consists of or contains tubes that (i) are filled with neon or some other gas that
glows when an electric current passes through it and (ii) are intended to form or
constitute all or part of the message of the sign, rather than merely providing
illumination to other parts of the sign that contain the message, shall also be
considered an internally illuminated sign.
Sign, marquee.\ A roof-like structure of a permanent nature which projects
from the wall of a building or its supports and may overhang the public way.
Sign, nonconforming.\ Any sign that does not conform to the requirements
of this ordinance.
Sign, off-premises.\ A sign that draws attention to or communicates
information about a business, service, commodity, accommodation, attraction
that draws attention to a cause or advocates or proclaims a political, religious,
or other noncommercial message, or other enterprise or activity that exists or is
conducted, sold, offered, maintained, or provided at a location other than the
lot on which the sign is located.
Sign, on-premises.\ A sign that draws attention to or communicates
information about a business, service, commodity, accommodation, attraction,
or other enterprise or activity that exists or is conducted, sold, offered,
maintained, or provided on the lot where the sign is located.
Sign, pennant.\ Any lightweight plastic, fabric, or other material, whether
or not containing a message of any kind, suspended from or supported by a
rope, wire, or string, usually in series, designed to move in the wind.
Sign, portable.\ Any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including, but not
limited to, signs designed to be transported by means of wheels, signs
converted to "A" or "T" frames; menu and sandwich board signs, balloons used
as signs, umbrellas used for advertising, and signs attached to or painted on
vehicles parked and visible from the public right-of-way, unless said vehicle is
used in the normal day-to-day operations of the business; such vehicles shall be
parked only in a designated parking space.
Sign, projecting.\ A sign other than a facade, canopy, or marquee sign
which is wholly or partially dependent upon a building for support and that
projects more than six (6) inches from such building.
Sign, special event.\ A sign for the purpose of circuses, fairs, carnivals,
festivals, and other types of special events that (i) run for not longer than two
(2) weeks, (ii) are intended or likely to attract substantial crowds, and (iii) are
unlike the customary or usual activities generally associated with the property
where the special event is to be located.
Sign, suspended.\ A sign that is suspended from the underside of a
horizontal plane surface and is supported by such surface.
Sign, temporary.\ A sign that is used in connection with a circumstance,
situation, or event that is designed, intended, or expected to take place or to be
completed within a reasonably short or definite period after the erection of such
sign; or, is intended to remain on the location where it is erected or placed. If a
sign display area is permanent but the message displayed is subject to periodic
changes, that sign shall not be regarded as temporary.
Sign, wall.\ Any sign attached parallel to, but within six (6) inches of a
wall, painted on the wall surface of, or erected and confined within the limits of
an outside wall of any building or structure, which is supported by such wall or
building, and which displays only one (1) sign surface. See also: "sign, facade."
Sign, window.\ Any sign, pictures, symbol, or combination thereof
designed to communicate information about an activity, business, commodity,
event, sale, or service, that is placed inside a window or door or upon the
window panes or glass and is visible from the exterior of the window or door.
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 open
space, buildings, major landscape features, both natural and man-made, 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 (1%)
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 genitals 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 man-made 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.
Stormwater management practice, structural.\ A stormwater management
technique that utilizes a man-made 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 (2/3) 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.
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 thought 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 resubdivision, 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 its 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.
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 (4½) 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 (4½) 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.
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.
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.
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, 6-19-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of
Wight County Board of Supervisors that Appendix B, Zoning, Article VI, entitled
“Overlay Districts”, Section 6-4000, entitled “Floodplain Management Overlay
(FPMO) District of the Isle of Wight County Code be amended and reenacted as
follows:
Sec. 6-4000. - Floodplain Management Overlay (FPMO) District.
Sec. 6-4001. - Purpose.
This ordinance is adopted pursuant to the authority granted to localities by
Virginia § 15.2-2280. The purpose of these provisions is to prevent the loss of life
and property, the creation of health and safety hazards, the disruption of commerce
and governmental services, the extraordinary and unnecessary expenditure of
public funds for flood protection and relief, and the impairment of the tax base by:
A. Regulating uses, activities, and development which, alone or in
combination with other existing or future uses, activities, and development,
will cause unacceptable increases in flood heights, velocities, and
frequencies.
B. Restricting or prohibiting certain uses, activities, and development from
locating within districts subject to flooding.
C. Requiring all those uses, activities, and developments that do occur in
floodprone districts to be protected and/or floodproofed against flooding
and flood damage.
Furthermore, it is the intent of these regulations to ensure that all property
owners within the county are eligible for participation in the National Flood
Insurance Program and able to secure such insurance at nominal rates. (Ord. No.
2012-3-C, 2-16-12.)
Section 6-4002.-Designation of the Floodplain Administrator
The Zoning Administrator is hereby appointed to administer and implement
these regulations and is referred to herein as the Floodplain Administrator.
Section 6-4003.- Submitting technical data
A community’s base flood elevations may increase or decrease resulting
from physical changes affecting flooding conditions. As soon as practicable, but
not later than six months after the date such information becomes available, a
community shall notify the Federal Emergency Management Agency of the
changes by submitting technical or scientific data. Such a submission is necessary
so that upon confirmation of those physical changes affecting flood conditions, risk
premium rates and floodplain management requirements will be based upon
current data.
Sec. 6-4004. - Applicability.
A. The provisions of this article shall apply to the following areas:
1. Areas designated as being within the 100-year floodplain by the flood
insurance study (FIS) prepared by the Federal Emergency Management
Agency and as delineated on the flood insurance rate map (FIRM) for Isle
of Wight County dated September 4, 2002, and any subsequent revisions or
amendments thereto. A copy of the FIS and FIRM shall be filed in the
department of planning and zoning and are hereby made part of this article.
The Floodplain Management District (as identified in the FIS) is comprised
of five subdistricts: the Floodway District, the Floodfringe District, the
Approximated Floodplain District, the Coastal A Zone and the Coastal
High Hazard Floodplain District. The description of these districts and
corresponding zones are identified in the aforementioned FIS report.
2. Such other areas as may be determined by the zoning administrator to be
essential to the alleviation of potential flood damage caused by the 100-
year flood. Such determination shall be based on drainage and hydrology
studies and amendment or revision of the FIRM shall be requested by the
county.
B. The Floodplain Management (FPM) District is an overlay to the existing
underlying zoning district. Therefore, the uses, densities, lot configurations,
setback requirements, height restrictions and accessory uses shall be
determined by the underlying zoning district except as such regulations may be
modified by application of the regulations in the FPM District. Where these
regulations are at variance with other codes, ordinances and regulations, the
most restrictive regulation shall apply.
C. The delineation of the Floodplain Management District may be revised by Isle
of Wight County where natural or manmade changes have occurred and/or
where more detailed studies have been conducted or undertaken by the U.S.
Army Corps of Engineers or other qualified agency, or an individual
documents the need for such change. However, prior to any such change,
approval must be obtained from the Federal Insurance Administration.
D. Initial interpretations of the boundaries of the Floodplain Management District
shall be made by the zoning administrator. Should a dispute arise concerning
the boundaries of any of the districts, the board of zoning appeals shall make
the necessary determination. The person questioning or contesting the location
of the district boundary shall be given a reasonable opportunity to present his
case to the board and to submit his own technical evidence if he so desires. (7-
7-05.)
Sec. 6-4005. - Compliance and liability.
A. No land shall hereafter be developed and no structure shall be located,
relocated, constructed, reconstructed, enlarged or structurally altered within the
floodplain management district except in full compliance with the terms and
provisions of this section.
B. The degree of flood protection sought by the provisions of this ordinance is
considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. This ordinance does not imply that areas and
land uses outside the floodplain management district will be free from flooding
or flood damages which may be caused by larger floods or increased flood
heights.
C. This article shall not create liability on the part of Isle of Wight County or any
officer or employee thereof, for any flood damages that result from reliance on
this article or any administrative decision lawfully made thereunder.
D. Records of actions associated with administering this ordinance shall be kept
on file and maintained by the floodplain administrator. (7-7-05; Ord. No. 2012-
3-C, 2-16-12.)
Sec. 6-4006.- Abrogation and Greater Restrictions
This ordinance supersedes any ordinance currently in effect in flood-prone
districts. Any ordinance, however, shall remain in full force and effect to the
extent that its provisions are more restrictive.
Sec. 6-4007. - Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this article
shall be declared invalid for any reason, such decision shall not affect the
remaining portions of this article. The remaining portions shall remain in full force
and effect; and for this purpose, the provisions of this article are hereby declared to
be severable. (7-7-05.)
Sec. 6-4008. – Penalty for Violation.
Any person who fails to comply with any of the requirements or provisions of this
article or directions of the Floodplain Administrator or any authorized employee of
Isle of Wight County shall be guilty of the appropriate violation and subject to the
penalties therefore.
The VA USBC addresses building code violations and the associated penalties in
Section 104 and Section 115. Violations and associated penalties of the Zoning
Ordinance of Isle of Wight County are addressed in Section 1-1013 of the Zoning
Ordinance.
In addition to the penalties, all other actions are hereby reserved, including an
action in equity for the proper enforcement of this article. The imposition of a fine
or penalty for any violation of, or noncompliance with, this article shall not excuse
the violation or noncompliance or permit it to continue; and all such persons shall
be required to correct or remedy such violations within a reasonable time. Any
structure constructed, reconstructed, enlarged, altered or relocated in
noncompliance with this article may be declared by Isle of Wight County to be a
public nuisance and abatable as such. Flood insurance may be withheld from
structures constructed in violation of this article.
Sec. 6-4009. - Permit required.
All uses, activities, and development occurring within any floodplain district,
including placement of manufactured homes, shall be undertaken only upon the
issuance of a zoning permit. Such development shall be undertaken only in strict
compliance with the provisions of this ordinance and with all other applicable
codes and ordinances, as amended, such as the Virginia Uniform Statewide
Building Code (VA USBC) and the Isle of Wight County Subdivision Ordinance.
Prior to the issuance of any such permit, the Floodplain Administrator shall require
all applications to include compliance with all applicable state and federal laws and
shall review all sites to assure they are reasonably safe from flooding. Under no
circumstances shall any use, activity, and/or development adversely affect the
capacity of the channels or floodways of any watercourse, drainage ditch, or any
other drainage facility or system.
Sec. 6-4010. - Use regulations.
Permitted uses, special permit uses, accessory uses, dimensional standards, and
special requirements shall be as established by the underlying zoning district,
except as specifically modified herein.
A. The following uses shall be specifically prohibited within the floodplain
management district:
1. Landfills, junkyards, outdoor storage of inoperative vehicles;
2. Surface mines/borrow pits;
3. Manufacture, bulk storage, transformation or distribution of petroleum,
chemical or asphalt products or any hazardous materials as defined in
either or both of the following:
a. Superfund Amendment and Reauthorization Act of 1986.
b. Identification and Listing of Hazardous Wastes, 40 C.F.R. (Code of
Federal Regulations) Section 261 (1987).
c. The following products shall be specifically included:
i. Oil and oil products including petrochemicals;
ii. Radioactive materials;
iii. Any materials transported or stored in large commercial
quantities (such as fifty-five-gallon drums) which is a very
soluble acid or base, causes abnormal growth of an organ or
organism, or is highly biodegradable, exerting a strong oxygen
demand;
iv. Biologically accumulative poisons;
v. Substances containing the active ingredients or economic
poisons that are or were ever registered in accordance with the
provisions of the Federal Insecticide, Fungicide, and Rodeticide
Act, as amended (7 USC 135 et seq.);
vi. Substances highly lethal to mammalian or aquatic life;
4. Storage or land application of industrial wastes;
5. Outdoor storage of equipment, materials, or supplies which are
buoyant, flammable, or explosive;
6. Swimming pools or any other habitable use when the area beneath the
elevated building is enclosed with walls of any type such as solid
nonbreakaway, solid breakaway, or lattice-screen, or when the area
beneath the elevated building is not enclosed and a swimming pool or
any other obstruction is above natural grade; or
7. Commercial feedlots, as described in section 3-2000
B. The following activities may occur below the level of the 100-year flood
elevation if administered in accordance with section 6-4013 of this article:
1. Nonstructural agricultural activities providing that any storage or
stockpiling of manure shall be elevated to a level no less than two (2)
feet above the elevation of the 100-year flood.
2. Outdoor recreational uses including park areas, golf courses, tennis
courts, and basketball courts.
3. Swimming pools or any other nonhabitable use located below elevated
buildings when the area beneath the elevated building is not enclosed
and the pool or other potential obstruction is flush with the natural
grade provided that a licensed surveyor or engineer certifies that the
swimming pool or other potential obstruction will not be subject to
breaking up or floating out of ground and affecting the piles or columns
of the elevated building. Furthermore, the swimming pool shall meet
the same anchoring requirements as the support system of the elevated
building and the area beneath the elevated building shall never be
enclosed with walls or any type.
4. Functionally dependent uses such as docks, piers and wharves.
5. Access roads and parking areas for [subsections] 1. through 4. above.
C. In addition to the prohibited uses in subsection 6-4010.A., the following
restrictions shall apply to areas in the floodway:
1. No encroachments, including fill, new construction, substantial
improvements, or other development shall be permitted in the floodway
unless it has been demonstrated through hydrologic and hydraulic
analyses performed in accordance with standard engineering practice
that the proposed encroachment would not result in any increase in the
100-year flood elevation.
2. Existing nonconforming structures within the floodway may not be
expanded; however, they may be repaired, altered or modified to
incorporate floodproofing measures, provided such measures do not
raise the level of the 100-year flood. (7-7-05; Ord. No. 2012-3-C, 2-16-
12.)
Sec. 6-4011. - General provisions.
A. No construction or improvement within the Floodplain Management District
shall obstruct or unduly restrict any channel, whether or not such channel lies
within a designated floodway.
B. Watercourses shall not be altered or relocated except upon the presentation of
data, certified by a licensed engineer, that the flood-carrying capacity of such a
modified watercourse will be at least equal to that prior to modification.
Evidence of all necessary permits or approvals for the Federal Insurance
Administrator, the U.S. Army Corps of Engineers, the Virginia Marine
Resources Commission, and the Virginia Department Environmental Quality
shall be required prior to such modification.
C. The Floodplain Administrator shall notify adjacent localities of watercourse
alterations or relocations.
D. Adequate drainage shall be provided to reduce exposure to flood hazards.
All storm drainage facilities shall be designed to convey the flow of surface waters
away from buildings and on-site waste disposal sites and prevent the discharge of
excess runoff onto adjacent properties in order to avoid damage to persons or
property. (7-7-05.)
Sec. 6-4012. - Special standards and requirements.
A. Standards for subdivision plats and site plans. ..... Preliminary plans,
development plans and final subdivision plats of all properties, all or part of
which are located within any floodplain management district, must be prepared
and sealed by a licensed surveyor or engineer. All proposals shall be consistent
with the need to minimize flood damage. The following information, in
addition to that which would otherwise be required, shall be provided on the
respective plan.
1. The 100-year flood boundary, as depicted on the FIRM and the flood
hazard zone classification(s) shall be depicted on preliminary plans,
development plans, and final plats.
2. Development plans shall provide topographical information for the site at a
maximum contour interval of two (2) feet, provided however that a one-
foot contour interval for one (1) foot lesser and one (1) foot greater than the
100-year flood boundary shall be shown.
3. The elevation of the finished surface of the ground at each comer of each
existing building located within any flood hazard zone shall be shown on
development plans and final plats.
4. The elevation of the lowest floor including basement shall be shown on
development plans for new construction or final plats of property with
existing structures.
5. For structures to be floodproofed (nonresidential only), the elevation to
which the structure will be floodproofed and certified floodproofed.
6. In "VE" zones, the elevation (in N.G.V.D.) of the bottom of the lowest
horizontal structural member of the lowest floor (excluding pilings or
columns).
7. All subdivision proposals shall have adequate drainage provided to reduce
exposure to flood hazards.
8. Base flood elevation data obtained from other sources or developed using
detailed methodologies, hydraulic and hydrologic analysis, comparable to
those contained in the Flood Insurance Study for subdivision developments
and other proposed development proposals (including manufactured home
parks and subdivisions) that exceed fifty (50) lots or five (5) acres,
whichever is the lesser, shall be shown.
B. Standards for utilities. .....All new or replacement utilities, water filtration, and
wastewater treatment facilities, installed in the floodplain management district
shall be designed to prevent the infiltration of floodwaters into or discharge
from said utilities and constructed to minimize the potential for flood damage.
Where private waste disposal systems are to be installed or replaced, they shall
be installed so that they will not be permanently contaminated or impaired by a
base flood.
C. Standards for streets and roads. ..... Streets and sidewalks should be designed to
minimize their potential for increasing and aggravating the levels of flood flow.
Drainage openings shall be required to sufficiently discharge flood flows
without unduly increasing flood height.
D. Standards for filling of floodplain areas.
1. Where fill within the floodplain management district is proposed, the
following minimum standards shall apply:
a. Prior to any fill, the floodway must be determined and no fill shall
cause the adjacent base flood elevation to increase more than one foot.
b. Fill areas shall extend laterally a minimum of fifteen (15) feet beyond
building lines from all points.
c. Fill material shall consist only of soil and small rock materials (must
pass through a three-inch opening ASTM standard sieve). Organic
materials, such as tree stumps, asphalt, and rubble, shall be prohibited.
d. Fill areas shall be graded to a finished slope of no steeper than one (1)
vertical to three (3) horizontal, unless substantiated data, certified by a
licensed engineer, which justifies steeper slopes, is submitted to and
approved by the zoning administrator.
e. The zoning administrator shall impose any additional standards deemed
necessary to ensure the safety of the community and properties from
additional flood hazard potentials caused by filling within the
floodplain management district.
2. Filling or any other encroachment into a regulatory or other designated
floodway which, as determined by the zoning administrator, in any way
impairs its flood conveyance shall be prohibited.
3. Filling or any other encroachment into any channel within the floodplain
management district which would, as determined by the zoning
administrator, obstruct or unduly restrict water flows through said channel
and, in so doing, increase the potential for flood damage, shall be
prohibited whether or not such channel lies within the regulatory or other
designated floodway.
4. The filling of any portion of property solely to increase the elevation of the
land to meet minimum lot area requirements and thereby create a buildable
lot for residential construction within the floodplain management district
shall be prohibited.
5. These standards may be individually waived by the zoning administrator,
upon the recommendation of the Isle of Wight County Wetlands Board for
approved parks, recreation facilities, shoreline erosion control and beach
maintenance projects where sufficient data is presented justifying the
project and where it is demonstrated that such actions will not increase
flood levels on any properties.
E. Construction standards for properties in zone A.
1. All new construction and substantial improvements in zone A must
comply with all standards applicable to zone AE contained in this
section and the floodplain construction provisions of the Virginia
Uniform Statewide Building Code. In addition, the owner and/or
developer of such property shall provide to the zoning administrator
sufficiently detailed hydrologic and hydraulic analyses, certified by a
licensed engineer, to determine state and other acceptable sources.
F. Construction standards for properties in zone AE. .....All new construction and
substantial improvements in the floodplain management district shall occur in
accordance with the applicable floodplain construction provisions for zone AE
contained in the Virginia Uniform Statewide Building Code. The zoning
administrator shall satisfy himself that all applicable provisions have been
complied with prior to issuing building permits or temporary or permanent
certificates of occupancy. In addition, the following standards shall apply:
1. All new and replacement electrical equipment, and heating, ventilating, air
conditioning and other service facilities shall be installed at least one and
one-half (1½) feet above the base flood elevation or otherwise designed
and located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
2. All electrical distribution panels shall be installed at least three (3) feet
above the base flood elevation or otherwise designed and located so as to
prevent inundation.
3. In all cases, elevation of the lowest floor of the structure, including
basements, to at least one and one-half (1½) feet above the base flood
elevation or, in the case of nonresidential structures, floodproofing to at
least that level. All new and substantially improved structures shall be
constructed according to the VA USBC, and anchored to prevent flotation,
collapse or lateral movement of the structure. The lowest floor elevation of
any new residential structure, including basements, constructed within a
flood plain area shall be at least one and one-half (1½) feet above based
flood elevation. The lowest floor elevation of any new nonresidential
structure constructed within a floodplain area shall be at least one (1) foot
above base flood elevation, unless such structure is floodproofed. In
addition, no existing structure shall be modified, expanded or enlarged
unless the new construction complies with this standard.
4. Manufactured homes that are placed or substantially improved on sites
shall be elevated on a permanent foundation such that the lowest floor of
the manufactured home elevated a least one and one-half (1½) feet base
flood level and be securely anchored to an adequately anchored foundation
system to resist floatation, collapse and lateral movement.
5. Recreational vehicles placed on sites shall either:
a. Be on the site for fewer than one hundred eighty (180) consecutive
days, be fully licensed and ready for highway use if it is on its wheels
or jacking system, is attached to the site only by quick disconnect type
utilities and has no permanently attached additions.; or meet the permit
requirements for placement and the elevation and anchoring
requirements for manufactured homes in subsection F.4. of this section.
6. New construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage.
7. New construction and substantial improvements shall be constructed by
methods and practices that minimize flood damage.
8. New development shall not be permitted unless it is demonstrated that the
cumulative effect of all past and projected development will not increase
the base flood elevation by more than one (1) foot.
9. For floodproofed non-residential structures, a licensed professional
engineer or architect must certify the structure has been floodproofed.
10. Where base flood elevation data has been utilized and obtained, as required
by this ordinance, the Floodplain Administrator shall obtain, record, and
maintain the actual finished construction elevations of the lowest floor and
flood proofing elevations. This information shall be recorded on a current
FEMA Elevation Certificate signed and sealed by a professional licensed
land surveyor.
11. Fully enclosed areas of new construction or substantially improved
structures, which are below regulatory flood protection elevation shall:
a. not be designed or used for human habitation, but shall only be used for
parking of vehicles, building access or limited storage of maintenance
equipment used in connection with the premises. Access to the
enclosed area shall be the minimum necessary to allow for parking of
vehicles (garage door) or limited storage of maintenance equipment
(standard exterior door), or entry to the living area (stairway or
elevator);
b. be constructed entirely of flood resistant materials below the regulatory
floor protection elevation;
c. include measures to automatically equalize hydrostatic flood forces on
walls by allowing for the entry and exit of floodwaters. To meet this
requirement, the openings must either be certified by a professional
engineer or architect or meet the following minimum design criteria:
i. Provide a minimum of two openings on different sides of each
enclosed area subject to flooding.
ii. The total net area of all openings must be at least one (1) square inch
for each square foot of enclosed area subject to flooding.
iii. If a building has more than one enclosed area, each area must have
openings to allow floodwater to automatically enter and exit.
iv.The bottom of all required openings shall be no higher than one (1)
foot above the adjacent grade
v Openings may be equipped with screens, louvers, or other opening
coverings or devices, provided they permit the automatic flow of
floodwaters in both directions.
vi. Foundation enclosures made of flexible skirting are not considered
enclosures for regulatory purposes, and, therefore, do not require
openings. Masonry or wood underpinning, regardless of structural
status, is considered an enclosure and requires openings as
outlined above.
G. Construction standards for properties in coastal A zones. ..... All new
construction and substantial improvements in coastal A zones of the floodplain
management area shall comply with the provisions of the AE zone as set forth
in Section 6-4012.F.
H. Construction standards for properties in coastal high hazard area. ..... All new
construction and substantial improvements in the V-zones of the floodplain
management area shall occur in accordance with the applicable floodplain
construction provisions contained in the Virginia Uniform Statewide Building
Code. The zoning administrator shall satisfy himself that all applicable
provisions have been complied with prior to issuing building permits or
temporary or permanent certificates of occupancy. In addition, the following
standards shall apply:
1. All new construction shall be located landward of the reach of mean high
tide.
2. There shall be no fill used as structural support.
3. There shall be no alteration of sand dunes, watercourses or banks, which
would increase potential flood damage.
4. Within V-zones on the flood insurance rate map, obtain the elevation (in
relation to mean sea level) of the bottom of the lowest horizontal structural
member of the lowest floor (excluding pilings and columns) of all new and
substantially improved structures.
5. All new construction and substantial improvements elevated on pilings and
columns must have the bottom of the lowest horizontal structural member
of the lowest floor (excluding the pilings or columns) elevated at least one
and one half (1 1/2) feet above the base flood level and the pile or column
foundation and structure attached thereto must be anchored to resist
flotation, collapse and lateral movement due to the effects of wind and
water loads acting simultaneously on all building components. Water-
loading values used shall be those associated with the base flood. Wind-
loading values used shall be those required by applicable state or local
building standards. A registered professional engineer or architect shall
develop or review the structural design and methods of construction and
shall certify that design and methods of construction to be used are in
accordance with accepted standards.
6. Provide that all new construction and substantial improvements, within
zones VE, V1-30 and V on the community's FIRM, have the space below
the lowest floor either free of obstruction or constructed with
nonsupporting breakaway walls, open wood lattice-work, or insect
screening intended to collapse under wind and water loads without causing
collapse, displacement, or other structural damage to the elevated portion
of the building or supporting foundation system. For the purpose of this
section, a breakaway wall shall have a design safe loading resistance of not
less than ten (10) and no more than twenty (20) pounds per square foot.
Use of breakaway walls which exceed a design safe-loading resistance of
twenty (20) pounds per square foot (either by design or when so required
by local or state codes) may be permitted only if a registered professional
engineer or architect certifies that the designs proposed meet the following
conditions:
a. The elevated portion of the building and supporting foundation system
shall not be subject to collapse, displacement, or other structural
damage due to the effects of wind and water loads acting
simultaneously on all building components (structural and
nonstructural). Water-loading values used shall be those associated
with the base flood.
b. Wind-loading values used shall be those required by applicable state or
local building standards. Such enclosed space shall be usable solely for
parking of vehicles, building access or storage.
7. All recreational vehicles placed in V-zones shall be:
a. On site for fewer than one hundred eighty (180) consecutive days; and
b. Be fully licensed and ready for highway use; or
c. Meet the same standards as for conventional housing in V-zones.
8. All new and replacement electrical equipment, and heating, ventilating, air
conditioning and other service facilities shall be installed at least three (3)
feet above the base flood elevation or otherwise designed and located so as
to prevent water from entering or accumulating within the system.
9. All electrical distribution panels shall be installed at least three(3) feet
above the base flood elevation or otherwise located so as to prevent
inundation.
10. In all cases, elevation of the lowest horizontal structural member of the
lowest floor of the structure, excluding pilings or columns, to at least one
and one half (1 1/2) feet above the base flood elevation and may result in a
reduction of flood insurance premiums. (7-7-05; Ord. No. 2012-3-C, 2-16-
12.)
11. Manufactured homes that are placed or substantially improved on sites
shall meet the same standards as conventional housing in V-zones.
Sec. 6-4013. - Variances.
A. In acting upon application for variances from the provisions of this article, in
addition to the requirements elsewhere set forth in this ordinance, the board of
zoning appeals shall consider the following additional factors:
1. The danger to life and property due to increased flood heights or velocities
caused by encroachments. No variance shall be granted for any proposed
use, development, or activity within any floodway that will cause any
increase in the 100-year flood elevation;
2. The danger that materials may be swept on to other lands or downstream to
the injury of others;
3. The proposed water supply and sanitation systems and the ability of these
systems to prevent disease, contamination, and unsanitary conditions;
4. The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owners;
5. The importance of the services provided by the proposed facility to the
community;
6. The requirements of the facility for a waterfront location;
7. The availability of alternative locations not subject to flooding for the
proposed use;
8. The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future;
9. The relationship of the proposed use to the comprehensive plan and
floodplain management program for the area;
10. The safety of access by ordinary and emergency vehicles to the property in
time of flood;
11. The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters expected at the site;
12. The repair or rehabilitation of historic structures upon a determination that
the proposed repair or rehabilitation will not preclude the structures
continued designation as a historic structure and the variance is the
minimum necessary to preserve the historic character and design of the
structure;
13. Such other factors which are relevant to the purpose of this ordinance.
B. The board of zoning appeals may refer any application and accompanying
documentation pertaining to any request for a variance to any engineer or other
qualified person or agency in relation to flood heights and velocities, and the
adequacy of the plans for flood protection and other related matters, at the
expense of the applicant.
C. Variances shall be issued only after the board of zoning appeals has determined
that the granting of such will not result in:
1. Prohibited increases in the height of the floodway;
2. Additional threats to public safety;
3. Extraordinary public expense and will not create nuisances;
4. Cause fraud or victimization of the public; or
5. Conflict with local laws or ordinances.
Variances shall be issued only after the board of zoning appeals has determined
that variance will be the minimum required to provide relief from an undue
hardship to the applicant.
The board of zoning appeals shall notify the applicant for a variance, in
writing, that the issuance of a variance to construct a structure below the 100- year
flood elevation (a) increases the risks to life and property and (b) will result in
increased premium rates for flood insurance.
A record shall be maintained of the above notification as well as all variance
actions, including justification for the issuance of the variances. Any variances
which are issued shall be noted in the annual or biennial report submitted to the
Federal Insurance Administrator. (7-7-05; Ord. No. 2012-3-C, 2-16-12.)
Sec. 6-4014. - Existing structures in Floodplain Management District.
A structure or use of a structure or premises which lawfully existed before the
enactment of these provisions, but which is not in conformity with these
provisions, may be continued subject to the following conditions:
A. Existing structures in the floodway shall not be expanded or enlarged
unless it has been demonstrated through hydrologic and hydraulic analyses
performed in accordance with standard engineering practice that the
proposed expansion would not result in any increase in the 100-year flood
elevation.
B. Any modification, alteration, repair, reconstruction, or improvement of any
kind to a structure and/or use located in any flood plain area to an extent or
amount of less than fifty (50) percent of its market value shall conform to
the Virginia Uniform Statewide Building Code.
C. The modification, alteration, repair, reconstruction, or improvement of any
kind to a structure and/or use, regardless of its location in a flood plain area
to an extent or amount of fifty (50) percent or more of its market value
shall be undertaken only in full compliance with this ordinance and shall
require the entire structure to conform to the Virginia Uniform Statewide
Building Code. (7-7-05; Ord. No. 2012-3-C, 2-16-12.)
Adopted this 21st day of August, 2014.
______________________________________
Byron B. Bailey
Chairman of the Board of Supervisors
Attest:
_________________________________
Carey Mills Storm, Clerk
Approved as to Form:
_________________________________
Mark Popovich
County Attorney
August 21, 2014/MCP/PUBLIC HEARING – Ordinance to Amend and Reenact Chapter 15, Art. V, Sec. 15-19
ISSUE:
Public Hearing - An Ordinance to Amend and Reenact Chapter 15,
Article V, Section 15-19, Exoneration or Refund of Taxes -
Generally
BACKGROUND:
At its regular meeting on October 17, 1996, the Board enacted
Section 15-19 of the Isle of Wight County Code to provide for the
correction and/or refund of erroneously assessed taxes pursuant to
Section 58.1-3981 of the Code of Virginia (1950, as amended).
The language of Section 15-19, however, incorrectly interpreted
the provisions of Section 58.1-3981 by mixing the two (2) options
provided for under the Code of Virginia. Specifically, rather than
allowing for all taxes paid into the treasury to be refunded with the
certification of the Commissioner of the Revenue and the County
Attorney or granting authority to the Treasurer to refund such
overpayments, up to a limit of $2,500, the adopted ordinance calls
for approval of refunds with certification by the Commissioner and
County Attorney up to maximum of $2,500 after which Board
approval is required.
This has created an undue administrative burden that is not
necessary and a process that slows the process of providing refunds
to Isle of Wight County citizens who are owed their money back.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Authorize the Chairman to execute the Ordinance as presented.
ATTACHMENTS:
Proposed Ordinance
Email communication from Commissioner of the Revenue
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE BY
AMENDING AND REENACTING CHAPTER 15. TAXATION.
ARTICLE V. CORRECTION OF ASSESSMENTS AND REFUNDS.
SECTION 15-19. EXONERATION OR REFUND OF TAXES – GENERALLY.
WHEREAS, on October 17, 1996, the Isle of Wight County Board of Supervisors
enacted Section 15-19 to the Isle of Wight County Code to provide for the correction and/or
refund of erroneously assessed taxes pursuant to Section 58.1-3981 of the Code of Virginia
(1950, as amended); and
WHEREAS, Section 58.1-3981 allows for the correction of erroneous assessments
through the certification by the Commissioner of the Revenue and the County Attorney or
by approval of the Treasurer, for amounts not to exceed $2,500; and
WHEREAS, Section 15-19, as enacted, has placed an unnecessary restriction on
the correction of tax assessments by only allowing the Commissioner of the Revenue and
County Attorney to certify the need for a correction up to $2,500, after which the Isle of
Wight County Board of Supervisors must approve such refunds; and
WHEREAS, the Isle of Wight County Board of Supervisors now deems it to be in
the best interest of the citizens of Isle of Wight County to streamline this process as
authorized by Section 58.1-3981 of the Code of Virginia (1950, as amended) to allow for
all correction of erroneous tax assessments, irrespective of the amount, to be authority with
the certification of the Commissioner of the Revenue and County Attorney, without any
further need for review by the Board of Supervisors.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors, Virginia, that Chapter 15. Taxation. Article V. Correction of Erroneous
Assessments and Refunds. Section 15-19. Exoneration or Refund of Taxes - Generally of
the Isle of Wight County Code be amended and reenacted as follows:
Sec. 15-19. Exoneration or Refund of Taxes - Generally.
If the assessment exceeds the proper amount and has not been paid into the treasury
of the County, the Commissioner of the Revenue shall exonerate the applicant from the
payment of so much as is erroneously charged. If the taxes have been paid into the treasury
of the County, the county treasurer shall refund to the applicant the amount erroneously
paid, with interest, upon certification from the Commissioner of the Revenue and the
County Attorney that such assessment was erroneous. Said approval by the County
Attorney will not be required when the amount of the erroneous assessment does not
exceed One Thousand Dollars ($1,000.00). In the event that the erroneous assessment
exceeds the sum of One Thousand Dollars ($1,000.00), the Commissioner of the Revenue
shall provide the Board of Supervisors with appropriate notification of such refund. (11-
5-87; 10-17-96; 8-21-14.)
2
For state law as to authority of the County to correct erroneous tax assessments, see
Code of Va., § 58.1-3981.
Adopted this _____ day of ______________________, 2014.
Byron B. Bailey, Chairman
Board of Supervisors
Attest:
Carey Mills Storm, Clerk
Approved as to Form:
Mark C. Popovich
County Attorney
August 21, 2014/cbm/Ordinance to Amend County Code – Motor Vehicle License Tax
ISSUE:
Public Hearing – Ordinance to Amend and Reenact the Isle of Wight
County Code by amending and reenacting Chapter 11, Motor Vehicles
and Traffic, Article 2, Motor Vehicle Licenses, Sections 11-4 Tax Year
and 11-6, Amount of Tax – Generally
BACKGROUND:
The adopted FY 2014-2015 Operating and Capital Budget provided for
a motor vehicle license tax of $33, up from $30, for all motor vehicles
other than motorcycles and those with qualifying license plates (farm
use, farm truck, National Guard, and/or other vehicles that may qualify
for free local licenses as prescribed by Chapter 11, Article 2, Section 11-
6 of the County Code). The increase in the motor vehicle license tax rate
requires an amendment to the County Code of Ordinances in order to
align the County Code with the adopted budget. Additionally, it is
recommended that references to “fees” denoted in Section 11-4, Tax
Year, be amended to “tax” for purposes of consistency.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Authorize the Chairman to execute the Ordinance as presented.
ATTACHMENTS:
Ordinance
Public Hearing Notice
ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT
COUNTY CODE BY AMENDING AND REENACTING CHAPTER 11,
MOTOR VEHICLES AND TRAFFIC, ARTICLE 2, MOTOR VEHICLE
LICENSES, SECTIONS 11-4 TAX YEAR AND 11-6 AMOUNT OF TAX –
GENERALLY
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia has
adopted the Fiscal Year 2014-2015 Operating & Capital Budget; and,
WHEREAS, the adopted Fiscal Year 2014-2015 Operating & Capital Budget
provides for a vehicle license tax of $33 for all motor vehicles except motorcycles
and motorbikes of similar design, vehicles with National Guard land farm truck, or
farm use license plates, and other motor vehicles that may qualify for free local
licenses as prescribed in Chapter 11, Article 2, Section 11-6 of the Isle of Wight
County Code; and,
WHEREAS, certain references to “fees” should be amended to “tax” in order
to maintain consistency within Chapter 11, Article 2, Section 11-4.
NOW, THEREFORE, BE IT ORDAINED, that the Board of Supervisors
of the County of Isle of Wight, Virginia that Chapter 11, Article 2, Sections 11-4
and 11-6 of the Isle of Wight County Code are amended and reenacted as follows:
Sec. 11-4. Tax year
(a)
After a motor vehicle has been assessed for personal property tax
purposes by the Commissioner of the Revenue, or registered with and
assessed by the Commissioner of Revenue for personal property tax
purposes, the County Treasurer shall mail to the taxpayer a bill for the
license fee tax for the current and subsequent year. The license fee tax
shall be listed as a separate item on each year's annual personal property
tax bill and shall be due on or before December 5 or as indicated on the
tax bill.
(b)
Upon payment of the license fee prescribed by this article and
compliance with all other applicable provisions of this article, the
County Treasurer shall mark the records to indicate that the license fee
tax has been paid for the taxpayer's vehicle for which the license fee tax
was charged.
Sec. 11-6. Amount of tax—Generally
A license tax of eighteen dollars for each license tax year, as hereinafter
provided for, is hereby imposed on each and every motorcycle, motor scooter,
motorbike or other motor vehicle of like design or similar thereto to which
this article is applicable, and a license tax of thirty-three dollars for each
license tax year, as hereinafter provided for, is hereby imposed on each and
every other kind and type of motor vehicle to which this article is applicable.
A license tax of ten dollars for each license year, as hereinafter provided for,
is hereby imposed on the following: each National Guard license plate with
"NG" and each farm truck license plate with an "F". Vehicles with "Farm Use"
license plates are not subject to a license fee.
Adopted this 21th of August 2014.
Byron B. Bailey, Chairman
Carey Mills Storm, Clerk
Approved as to form:
__________________________
Mark Popovich, County Attorney
PUBLIC HEARING NOTICE
Notice is hereby given pursuant to Section 15.2-1427 of the Code of Virginia (1950,
as amended) that the Isle of Wight County Board of Supervisors will hold a Public
Hearing on Thursday, August 21, 2014 to consider the following:
An ordinance to amend and reenact the Isle of Wight County Code by amending and
reenacting Chapter 11, Article 2, Sections 11-4 and 11-6 to provide for a change in
the vehicle license tax from $30 to $33 for each license tax year, as approved in the
Fiscal Year 2014-2015 Operating & Capital Budget.
A copy of the proposed ordinance is on file in the County Administrator’s Office at
the Isle of Wight County Courthouse Complex, Isle of Wight, Virginia, and is
available for public examination.
Any person desiring to be heard in favor of, in opposition to, or to express his or her
views with respect to the proposed ordinance may appear before and be heard by
said Board of Supervisors during the Public Hearing to be held in the Robert C.
Claud, Sr. Board Room at the Isle of Wight County Courthouse Complex on
Thursday, August 21, 2014. The public meeting is scheduled to start at 6:00 p.m.
The County of Isle of Wight is in compliance with the Americans with Disabilities
Act of 1990. If you will require an accommodation or sign language interpreter to
participate in the meeting, reasonable accommodations can be made upon request.
Please make requests to the Clerk of the Board of Supervisors at least five (5) days
in advance of the meeting at (757) 365-6204.
August 21, 2014/MCP/COUNTY ATTY - Revised Social Services Board By-Laws
ISSUE:
Motion to Approve Revised Social Services By-Laws
BACKGROUND:
The Isle of Wight County Social Services Board was created by
the Board of Supervisors in accordance with Section 63.2-300 et
seq. of the Code of Virginia (1950, as amended). As originally
created, one member of the Board of Supervisors was appointed as
a member of the Social Services Board in compliance with Section
63.2-302 of the Code of Virginia (1950, as amended).
Supervisor Casteen, as the Board appointed member to the Social
Services Board, has expressed his view that the members of the
Social Services Board should only be made up of citizens of the
County, one from each election district, with any Board appointee
acting solely as a liaison.
With Supervisor Casteen’s recent appointment of a citizen from
the Smithfield District, the by-laws of the Social Services Board
are required to be amended to properly effectuate the change
requested by Supervisor Casteen.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Authorize the Chairman to execute the Social Services Board By-
Laws as presented.
ATTACHMENTS:
Proposed Social Services Board By-Laws
August 21, 2014/MCP/COUNTY ATTY - Code Enforcement Policy
ISSUE:
Motion to Adopt Revisions to Chapter 3, Article VIII, Code
Enforcement Policy
BACKGROUND:
On April 21, 2005, the Isle of Wight County Board of Supervisors
adopted the Code Enforcement Policy in order to set up a standard
procedure for the enforcement of County Code violations. Staff,
in consultation with the County Attorney, have determined that the
policy, as currently written, is overly burdensome as it relates to
the enforcement of Code violations. In fact, it has been determined
that compliance with the policy, as currently written, provides a
loophole through which violators may escape prosecution by
exercising a basic statute of limitations defense for failure to
prosecute within one year. As such, staff recommends the Code
Enforcement Policy be revised to streamline the process and
ensure proper compliance with the Isle of Wight County Code.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Approve the revisions to Chapter 3, Article VIII of the County
Policy Manual as presented.
ATTACHMENTS:
Revised Code Enforcement Policy
Chapter 3: Community and Econ. Development Page 1 2/20/2014
Chapter 3: Community and Economic Development
ARTICLE VIII
Code Enforcement Policy
(Adopted April 21, 2005; RevisedTBDAugust 21, 2014)
Section 8.0
General Principles
The Code Enforcement Policy contains the procedures to be followed in
the enforcement of code violations and other violations dealing with land
use. The establishment of this policy is deemed necessary to ensure
fairness and consistency in administering the code enforcement
provisions of the Isle of Wight County Code.
Section 8.1
Administration
The Zoning Administrator (under the supervision of the Assistant County
Administrator) shall be responsible for administering the Code
Enforcement Policy and maintaining a fair and consistent process for code
related violations. The Codes Enforcement Officer(s) is responsible for
the day-to-day application and enforcement of the policy.
A database shall be established to track the history of code violations on
individual properties.
Section 8.2
Applicability
The following types of violations shall be governed by the provisions of the
Code Enforcement Policy and are grouped according to the severity of the
type of offense:
Chapter 3: Community and Econ. Development Page 2 2/20/2014
Type I Offenses:
o Garbage, Weeds and Litter
o Abandoned and Inoperative Motor Vehicles
o Miscellaneous Zoning Violations, including Junk Yard, Garbage
Dump, Rubble and Sanitary Landfill, Wetlands, Chesapeake Bay
Preservation Area
o Violations of Imminent Threat to Health and Safety
Type II Offenses:
o Wetlands, Chesapeake Bay and Erosion and Sediment Control
Violations
o Junk Yard, Garbage Dump, Rubble and Sanitary Landfill
Type III Offenses:
o Violations of Imminent Threat to Health and Safety
Section 8.3
Method for Discovery of Violations
The discovery of violations may be reported by the following methods:
a. Written or Vverbal Ccorrespondence is an acceptable means of
receiving a complaint of possible violation. The complaint may be
made by written correspondence, by telephone communication, or
in person. A complainant is not required to disclose his or her name
when reporting a possible violation.
Formatted: List Paragraph, Left, No bullets or numbering,Tab stops: Not at 1"
Chapter 3: Community and Econ. Development Page 3 2/20/2014
b. Field Oobservation is another acceptable means of receiving a
complaint of possible violation. Any member of the County staff or
elected or appointed office may observe a complaint while in the field
and relay the possible violation to the Codes Enforcement Officer for
investigation.
c. The Codes Enforcement Officer shall maintain a record of all
complaints, including the date, time, property identification, and
method of discovery.
Section 8.4
Required Procedures for Investigating a Complaint of Violation
a. Desk Rresearch to be completed:
The complaint must be logged on a form designated by the Zoning
Administrator and approved by the County Attorney for use under
the Code Enforcement Policy. All information must be completed,
and the required desk research completed in an attempt to assess
the validity of the complaint prior to the conducting an initial field
inspection.
b. Initial Ffield Iinspection:
An initial field inspection shall be conducted prior to sending written
correspondence regarding the complaint. The Code Enforcement
Officer shall attempt to make personal contact with the property
owner while conducting the initial field inspection. If the complaint
does not involve an imminent threat to health or safety, the Code
Enforcement Officer shall attempt to inform the property owner by
telephone of the anticipated date and time of the field inspection so
that the property owner may be present if he wishes.
If the Code Enforcement Officer is unable to make contact with the
property owner after making two separate attempts to call the
property owner on different days, the Codes Enforcement Officer
may proceed with the field inspection.
Formatted: Indent: Left: 0.5"
Chapter 3: Community and Econ. Development Page 4 2/20/2014
1. If, during the field inspection, it is determined that the property
owner is not present on the property, a door hanger or similar
notification shall be left in the most visible location possible to advise
the property owner or occupant to contact the Codes Enforcement
Officer with regard to the violation.
2. If, during the field investigation, it is determined that the
property is vacant, a first notice shall be forwarded in
accordance with the provisions of this policy.
c. First Written Nnotice(s):
If, after the initial field inspection is conducted, the complaint is
determined to be valid, a writtenfirst notice shall be forwarded the
appropriate responsible party in accordance with the provisions of
this policy.
Should a determination be made that the violation may also be in
violation of regulations of another department and/or State or federal
agency, based upon the knowledge of the Codes Enforcement
Officer, notification of such referral shall be included in the first
written notice in accordance with subsection (d) below.
c. d. Notification to Other Departments and/or External Agencies:
If the violation is deemed to be solely under the jurisdiction of
another department and/or external State or federal agency, a
written notice shall be forwarded to the agency with jurisdiction over
the violation. The property owner shall also be notified that the
determination of violation may involve another agency’s jurisdiction.
e. Active File Maintenance:
A file shall be maintained on all active violations and shall include:
o Copy of the completed complaint form;
o Documentation of all verbal and written communication;
Formatted: Indent: Left: 0.5", First line: 0"
Formatted: No bullets or numbering, Tab stops: Not at 0.56"
Chapter 3: Community and Econ. Development Page 5 2/20/2014
o Photographs (date stamped) of the violation;
o Field inspection notes, including the date of the inspection and
whether initial contact was made with the property owner; and
o Relevant legal documents.
Section 8.5
Method for Processing Violations
a. Type I Offenses
Following the initial field inspection and a determination that a violation
exists, the following steps shall be undertaken in processing a Type I
Offense until the violation is resolved:
1. First Written nNotice of written correspondence shall be forwarded
to the property owner of record in the County Real Estate Office by
regular mail. The first written notice shall include the nature of the
violation, the date of the initial inspection, the required corrective
action (including any options providing resolution under the
provisions of the appropriate Code and/or Ordinance), the time
allowed for resolution of the complaint and date of expiration, which
shall be no more than seven (7)typically fifteen (15) working days
following the time allowed for resolution, as determined by the Code
Enforcement Officer, and notification of referrals to other
departments and external agencies. In no event shall such time
allowed for resolution be longer than thirty (30) days.
2. After the time period for correction of the violation has lapsed, a
follow-up inspection shall be conducted and should include an
attempt to make personal contact with the property owner to verify
compliance and/or reasons for noncompliance.
a. The Code Enforcement Officer shall conduct a second
inspection once the time allowed in the first notice has expired,
allowing for reasonable time for delivery of the notice.
Chapter 3: Community and Econ. Development Page 6 2/20/2014
b. On a case-by-case basis, the Codes Enforcement Officer may
allow for a reasonable extension of time, if it is determined that
significant progress has been made, or should the property
owner represent circumstances that would warrant such
extension. Written documentation shall be placed in the file
noting the reason the time extension is being granted and the
amount of additional time that is being allowed to correct the
violation.
3. If compliance has not been achieved within the originally designated
time or any reasonable extension thereto, a second written notice
shall be sent by regular mail, advising the property owner of the
County’s intent to exercise its authority to correct the violation if
compliance is not achieved within seven (7) working days.
4. If compliance is not achieved under the terms set forth in the second
written notice, a third notice shall be forwarded by certified mail
setting forth the steps the County proposes in exercising its authority
to correct the violation, and shall be in accordance with the following
procedures:legal action shall be commenced with the approval of the
Zoning Administrator and County Attorney. If legal action is
approved, such action shall be commenced no later than six (6)
months from the original date of the violation.
4.5. The procedures set forth herein may be modified, at the discretion
of the Zoning Administrator, in consultation with the County Attorney,
based upon the severity and/or threat of harm to the general public
the violation imposes.
a. Garbage, Weeds and Litter Violations
i. The County shall retain contracted services to resolve
the violation and bill the property owner for the cost of
the services.
ii. The property owner shall receive two (2) invoices
allowing thirty (30) days each for payment of the invoice.
Formatted: List Paragraph, Left, No bullets or numbering,Tab stops: Not at 1"
Chapter 3: Community and Econ. Development Page 7 2/20/2014
iii. If payment is not received within thirty (30) days after the
second invoice, collection of payment in accordance with
provisions of law, subject to the approval of the County
Attorney:
. A lien shall be placed against the property on
which the violation occurred, and shall include
collection fees.
. If the property is sold before payment is collected,
a garnishment or levy shall be sought to satisfy
payment and shall include collection fees.
. Legal action shall not take place without prior approval
of the County Attorney.
b. Abandoned and Inoperable Vehicle Violations:
The County shall retain contracted services to remove the
abandoned and/or inoperable vehicle for disposal at a licensed
salvage yard. This service shall be at no cost to the County,
unless otherwise approved by the Board of Supervisors.
c. Miscellaneous Zoning Violations:
a. The property owner shall be re-advised of the options
specified under the Zoning Ordinance that may provide
for resolution of the violation, and shall be given ten (10)
working days to file the required application.
b. If the property owner fails to file the required application,
fails to follow through with the application process, or the
application is denied, the Code Enforcement Officer
shall take appropriate legal action in accordance with
provisions of law, subject to the approval of the County
Attorney.
If the application is denied, the Code Enforcement
Officer shall allow seven (7) working days for the
Formatted: Indent: Left: 1"
Chapter 3: Community and Econ. Development Page 8 2/20/2014
property owner to correct the violation before filing
proceedings with legal action. A reasonable extension
of time may be granted if it is determined that significant
progress has been made, or should the property owner
represent circumstances that would warrant such
extension. Written documentation shall be placed in the
file noting the reason the time extension is being granted
and the amount of additional time that is being allowed
to correct the violation.
iii. A fourth written notice shall be forwarded by certified mail
advising the property owner that the legal action has been
taken.
iv. Legal action shall not take place without prior approval from
the County Attorney.
b. Type II Offenses
Following the initial field inspection and a determination that a violation
exists, the following steps shall be undertaken in processing a Type II
Offense until the violation is resolved:
1. First Notice of written correspondence shall be forwarded to the
property owner of record in the County Real Estate Office. The first
written notice shall include the nature of the violation, the date of the
initial inspection, the required corrective action (including any
options providing resolution under the provisions of the appropriate
Code and/or Ordinance), the time allowed for resolution of the
complaint and date of expiration, typically fifteen (15) working days
as determined by the Code Enforcement Officer, and notification of
referrals to other departments and external agencies.
2. After the time period for correction of the violation has lapsed, a
follow-up inspection shall be conducted and should include an
attempt to make personal contact with the property owner to verify
compliance and/or reasons for noncompliance.
Chapter 3: Community and Econ. Development Page 9 2/20/2014
a. The Code Enforcement Officer shall conduct a second
inspection once the time allowed in the first notice has expired,
allowing for reasonable time for delivery of the notice.
b. On a case-by-case, the Code Enforcement Officer may allow
for a reasonable extension of time, if it is determined that
significant progress has been made, or should the property
owner represent circumstances that would warrant such
extension. Written documentation shall be placed in the file
noting the reason the time extension is being granted and the
amount of additional time that is being allowed to correct the
violation.
3. If compliance has not been achieved, a second notice shall be
forwarded by regular mail, advising the property owner of the
County’s intent to exercise its authority to correct the violation if
compliance is not achieved within seven (7) working days.
4. If compliance is not achieved under the terms set forth in the second
notice, a third notice shall be forwarded by certified mail setting forth
the steps the County proposes in exercising its authority to correct
the violation, and shall be in accordance with the following
procedures:
a. The property owner shall be re-advised of the options specified
under the appropriate ordinance that may provide for
resolution of the violation, and shall be given ten (10) working
days to file the required application.
b. If the property owner fails to file the required application, fails
to follow through with the application process, or the
application is denied, the Code Enforcement Officer shall take
appropriate legal action in accordance with provisions of law,
subject to the approval of the County Attorney.
If the application is denied, the Code Enforcement Officer shall
allow seven (7) working days for the property owner to correct
the violation before filing proceedings with legal action. A
reasonable extension of time may be granted if it is determined
Chapter 3: Community and Econ. Development Page 10 2/20/2014
that significant progress has been made, or should the
property owner represent circumstances that would warrant
such extension. Written documentation shall be placed in the
file noting the reason the time extension is being granted and
the amount of additional time that is being allowed to correct
the violation.
c. A fourth written notice shall be forwarded by certified mail
advising the property owner that legal action has been taken.
d. Legal action shall not take place without prior approval from
the County Attorney.
c. Type III Offenses
Following the initial field inspection and a determination that a violation
exists, the following steps shall be undertaken in processing a Type III
Offense until the violation is resolved:
1. The Code Enforcement Officer shall consult the Zoning
Administrator and County Attorney immediately upon notification
and inspection of a violation, which poses an imminent threat to
health and safety.
2. The property owner shall receive written notice to immediately cease
all actions contributing to the violation.
3. The appropriate law enforcement authorities shall receive immediate
notification of the violation.
4. The Zoning Administrator and Code Enforcement Officer shall
consult the County Attorney regarding further action to resolve the
complaint.
Section 8.6
Repeat Violators
Chapter 3: Community and Econ. Development Page 11 2/20/2014
The Codes Enforcement Officer may find instances of repeat violations,
whereby compliance is achieved in each case; however, the property
owner repeatedly violates the code provisions. In such cases, an
administrative consent order or injunctionlegal action may be sought at the
advice of the County Attorney. Notice shall be sent by certified mail setting
forth the steps the County proposes in exercising its authority to correct
the violation.
Section 8.7
Request for Search Warrant
In the event a property owner denies access to the property for an
inspection to obtain evidence of a complaint, the Codes Enforcement
Officer shall obtain a Search Warrant from the General District Court
Magistrate, after providing probable cause to conduct a search. Such
action shall not take place without prior approval of the County Attorney.
The Codes Enforcement Officer shall be accompanied by a law
enforcement official, while conducting the search and shall take
photographs of the code violation(s).
Section 8.8
Hiring Contractors
Bids shall be received in accordance with the County’s procurement
procedures prior to contracting the services of an individual or firm to assist
in remedying a code violation.
Eligible contractors shall be properly licensed and shall not have active
County code violations.
Section 8.9
Freedom of Information Act
The Zoning Administrator and the Codes Enforcement Officer(s) shall
comply with all of the requirements of the Freedom of Information Act,
Chapter 3: Community and Econ. Development Page 12 2/20/2014
contained in Chapter 37 of Title 2.2 of the Code of Virginia. In particular,
disclosure of the following information to the public shall be prohibited,
unless otherwise required by law:
“The names, addresses and telephone numbers of complainants
furnished in confidence with respect to an investigation of individual
zoning ordinance complaints made to a local governing body.” (Sec.
2.2-3705.3(, 10). of the Code of Virginia)
Board of Supervisors Meeting of August 21, 2014
Prepared by Mark C. Popovich, County Attorney
COUNTY ATTORNEY – Proposed Facility Use Agreement Revisions
ISSUE:
Requested Revisions to Facility Use Agreement
BACKGROUND:
At its regular meeting on June 19, 2014, the Board approved the
proposed Facility Use Agreement that was circulated to all
volunteer emergency services agencies for execution. To date, five
(5) of the seven (7) agencies have executed the document. The two
outstanding agencies that have not executed the Agreement are the
Windsor Volunteer Fire Department and the Carrollton Volunteer
Fire Department.
On behalf of the Board, the County Attorney met with Mr. H.
Woodrow Crook, Esq., who is representing both the Windsor and
Carrollton Volunteer Fire Departments in this matter to discuss the
issues/concerns each department had with the Agreement. Mr.
Crook has provided a written response noting their suggested
revisions.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Deny the request for changes to the Agreement. To allow a change
to the Agreement for these two departments will be providing them
with a special privilege not afforded the other departments who
have already executed the Agreement.
ATTACHMENTS:
Correspondence from H. Woodrow Crook, Esq., on behalf of
Carrollton and Windsor Volunteer Fire Departments
August 21, 2014/JG/Acceptable Use of IT Equipment by Employees and Public Officers
ISSUE:
Motion to Adopt Revisions to Chapter 6, Article I and Chapter 7,
Article IV of the County Policy Manual to Address Acceptable
Use of Public Information Technology Equipment As Prescribed
by Section 15.2-1505.2 of the Code of Virginia
BACKGROUND:
The General Assembly, during its 2014 Session, adopted House
Bill 494, Personnel Policies Regarding the Use of Public Property,
which enacts Section 15.2-1505.2 of the Code of Virginia to
require localities with more than 3,500 citizens to establish policies
related to the use of public property by public officers and
employees to address the use of telephones, computer, and related
equipment. In order to bring the County into compliance with this
State law, the Board will need to adopt changes to Chapter 6,
Article 1, and Chapter 7, Article IV of the County Policy Manual
to further address acceptable uses of computer, telephone, wireless
communication, and other information technology related devices
and equipment in accordance with the requirements of Section
15.2-1505.2 of the Code of Virginia.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Approve the revisions to Chapter 6, Article I and Chapter 7, Article
IV of the County Policy Manual.
ATTACHMENT:
Revised Policies
Chapter 6: Information Technology
ARTICLE I
Computer and Telephone Network Acceptable Use Policy
(Adopted April 15, 1999, Revised May 24, 2007, Revised August 21, 2014)
Section 1.0
General Use
Isle of Wight County, represented by its County Board of Supervisors, is the sole owner of
its governmental information and computer systems, including but not limited to computer
equipment, operating systems, software, storage media, network accounts, electronic mail,
and web browsing, telephone systems, and wireless communication devices. These
systems are to be used for business purposes in serving the interests of Isle of Wight
County, and of our citizens in the course of normal operations. The County reserves the
right to monitor these computer systems for any reason. The Director of Human Resources
will be permitted to use or view any information contained in the Isle of Wight County’s
computer systems, micro or mainframe, telephone system, or wireless communication
devices with authorization from the County Administrator for the sole purpose of
conducting an administrative investigation.
Effective security is a team effort involving the participation and support of every
employee and affiliate who deals with information and information systems. It is the
responsibility of every computer system user to know these guidelines, and to conduct their
activities accordingly.
In accordance with Section 15.2-1505.2 of the Code of Virginia, Chapter 6 of the County
Policy Manual shall apply to all public officers and employees, which includes elected or
appointed individuals of the County. Use of County owned computer, telephone, wireless
communication, and other information technology related devices and peripheral
equipment shall not be used for personal use to the extent that such use interferes with
productivity or work performance and shall not be used to engage in political activities.
For purposes of this Chapter, “political activities” shall have the same meaning as provided
in Section 15.2-1512.2(c) of the Code of Virginia, as it may be amended from time to time.
Section 1.1
Security
a. Keep passwords secure and do not share accounts. Authorized users are responsible
for the security of their passwords and accounts. Individuals should not reveal their
passwords to another person. If an employee is unavailable and the supervisor needs
to retrieve information from the computer, the IT Department should be notified in
order to grant temporary access.
b. Computers should be secured by locking the desktop when unattended.
Computers should be logged off at the end of the work day, and shut down on the
weekends.
c. Employees must use extreme caution when opening e-mail attachments from
unknown senders, which may contain viruses.
Section 1.2
Unacceptable Use
a. Under no circumstances is an employee of the County authorized to engage in any
activity that is illegal under local, state, federal or international law while utilizing
County-owned resources.
b. Users are prohibited from using a County computing asset to actively engage in
procuring or transmitting material that is in violation of the County’s Non-
Discrimination and Anti-Harassment Policy. Restrictions against inappropriate
language apply to public messages, private messages, and material posted on
Internet Web pages. Individuals shall not use language or access material that is
obscene, profane, lewd, inflammatory, threatening, or disrespectful.
c. Individuals shall not attempt to gain unauthorized access to any computer system
or go beyond personal authorized access. This includes logging into the system
through another person’s account or accessing another person’s files.
d. Individuals shall not introduce malicious programs into the network or servers (e.g.,
viruses, worms, Trojan horses, email bombs, etc.). Individuals shall not make
deliberate attempts to disrupt the computer system or interfere with network traffic.
Section 1.3
Software
a. The installation of any copyrighted software for which the county or the end user
does not have an active license is strictly prohibited. Employees may not duplicate
any licensed software or related documentation unless expressly authorized to do
so by agreement with the licensor. Employees may not give software to any
outsiders, including clients, contractors, customers, or others.
b. The installation of personal or private software and all software downloaded from
the internet is permitted only with approval from the Information Technology
Department.
c. The use of software for personal use is allowed only during an individual’s
designated break times determined by the appropriate department head.
Section 1.4
E-mail
a. The Virginia Freedom of Information Act identifies email as public record, which
must be retained in compliance with the Virginia Public Records Act. The county
maintains an email retention database to retain all email for a period of five (5)
years.
b. Using county computer systems to send unsolicited email messages, including the
sending of “junk mail” or other advertising material to individuals who did not
request such material is prohibited.
c. Employees may not transmit messages or other communications by means that
either mask or hide their identity or indicate that they are sent by someone else.
Section 1.5
Violations
Violation of the above policies may result in all loss of system access as well as other
disciplinary and/or legal action by the County of Isle of Wight.
Section 1.6
Wireless Communication Devices (Adopted February 13, 2007)
Objective/Purpose
The purpose of this policy is to provide guidance to employees on the business use and acquisition
of wireless communication devices.
The Agency or Department Head should ensure that wireless communication devices are provided
only to those employees with a demonstrated need for this type of communication. Criteria to be
considered for the assignment of devices to employees may include the following:
The employee must be in a position where the majority of his or her time is spent out of
the office during the normal work day;
Use of a wireless communication device must be essential for the conduct of the
employee’s work;
The employee is subject to being contacted for urgent or emergency purposes.
A request to obtain a wireless communication device shall be submitted in writing on the Request
for Wireless Communication Device form to the County Administrator or his/her designee. The
request must indicate why a specific wireless communication device is required. In order to
maintain inventory, the request must state to whom the equipment will be assigned, their respective
title, and the account code to be charged.
Usage
Employees are expected to exercise good judgment while using wireless communication devices.
County wireless communication devices are provided in order to conduct official County business.
In addition to County business, wireless communication devices may be used for emergency
personal business.
The manager shall be responsible for a review of actual usage of wireless communication device
time when an employee routinely exceeds the plans minutes allotted to them. Excessive personal
use of the assigned equipment may result in the employee’s loss of the device or other appropriate
disciplinary action.
Employees are also prohibited from using wireless communication devices while operating
vehicles unless the device is equipped with “hands-free” capability.
Chapter 7: Miscellaneous - Employee Related
ARTICLE IV
Wireless Communication Devices
(Adopted February 13, 2007)
Section 4.0
Objective/Purpose
The purpose of this policy is to provide guidance to employees on the business use and acquisition
of wireless communication devices.
The Agency or Department Head should ensure that wireless communication devices are provided
only to those employees with a demonstrated need for this type of communication. Criteria to be
considered for the assignment of devices to employees may include the following:
The employee must be in a position where the majority of his or her time is spent out of
the office during the normal work day;
Use of a wireless communication device must be essential for the conduct of the
employee’s work;
The employee is subject to being contacted for urgent or emergency purposes.
A request to obtain a wireless communication device shall be submitted in writing on the Request
for Wireless Communication Device form to the County Administrator or his/her designee. The
request must indicate why a specific wireless communication device is required. In order to
maintain inventory, the request must state to whom the equipment will be assigned, their respective
title, and the account code to be charged.
Section 4.1
Wireless Communication Devices
Usage
Employees are expected to exercise good judgment while using wireless communication devices.
County wireless communication devices are provided in order to conduct official County business.
In addition to County business, wireless communication devices may be used for emergency
personal business.
The manager shall be responsible for a review of actual usage of wireless communication device
time when an employee routinely exceeds the plans minutes allotted to them. Excessive personal
use of the assigned equipment may result in the employee’s loss of the device or other appropriate
disciplinary action.
Employees are also prohibited from using wireless communication devices while operating
vehicles unless the device is equipped with “hands-free” capability.
Preliminary Qtrly Financial Rpt 4th Qtr FY14/ MT B&F/8.11.14
ISSUE:
Staff Report –Preliminary Quarterly Financial Report (4th Quarter FY 14)
BACKGROUND:
Staff has compiled preliminary information relative to the County’s
financial performance for the 4th quarter ended FY 14. A brief
presentation will be made on the status and implications of the County’s
financial performance.
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS:
Information to be provided at the August 21, 2014 meeting.
August 11, 2014/jlo/Transportation Planning Update
ISSUE:
Transportation Planning Update
BACKGROUND:
Staff has reviewed the County’s land use and development plans
regarding both short-term and long-term transportation
improvements and has developed a transportation funding
strategy for 2014-2018 for consideration. This strategy
identifies key infrastructure projects from the County’s adopted
Comprehensive Plan, assigns preliminary cost estimates, and
identifies possible grant sources for funding, based on grant
application cycles.
Please note that specific projects are highlighted in blue. These
projects are considered strong candidates for the grant in the
fiscal year specified. Projects that are not considered a strong
candidate for the specific funding identified are not highlighted,
and these projects are carried over to the next application cycle
as a recommendation to re-apply. Please also note that some
projects are listed under multiple grant sources. Staff has
identified possible grant sources for each project based on
funding criteria and recommends applying for multiple grants
until complete funding is secured.
This strategy will require annual review, at a minimum, in
consideration of changes to grant availability and eligibility
criteria, County priorities, project progress, and the regional
funding landscape.
August 11, 2014/jlo/Transportation Planning Update
BUDGET IMPACT:
The funding sources identified have varying County match
requirements. Therefore, these funding strategies will need to be
included in the Fiscal Year 2016 Capital Improvement Plan.
RECOMMENDATIONS:
For the Board’s information.
ATTACHMENT:
Transportation Funding Strategy 2014-2018
Application Source Estimate Need Proposed Grant County Amount Project
Aug 2014 RSTP FY 2021 8,000,000.00$ 8,000,000.00$ 8,000,000.00$ -$
RSTP FY 2021 6,000,000.00$ 6,000,000.00$ 6,000,000.00$
RSTP FY 2021 2,600,000.00$ 1,200,000.00$ 1,200,000.00$
RSTP FY 2021 625,000.00$ 500,000.00$ 500,000.00$ 125,000.00$
Aug 2014 CMAQ FY 2021 2,600,000.00$ 1,200,000.00$ 1,200,000.00$
CMAQ FY 2021 812,242.00$ 447,242.00$ 447,242.00$
CMAQ FY 2021 625,000.00$ 500,000.00$ 500,000.00$ 125,000.00$
Nov 2014 TAP FY 2016 7,854,329.00$ 2,700,000.00$ 2,160,000.00$ 540,000.00$
Aug 2014 HSIP 2,700,000.00$ 2,700,000.00$
Nov 2014 Rev Shar FY 2016 1,600,000.00$ 1,600,000.00$ $800,000 800,000.00$
Aug 2015 RSTP FY 2022 6,000,000.00$ 6,000,000.00$ 6,000,000.00$ Route 258 Widening (460 N to Five Forks) 1.8 miles
RSTP FY 2022 2,600,000.00$ 1,200,000.00$ 1,200,000.00$ 620/258 Intersection improvements
RSTP FY 2022 3,850,000.00$ 3,850,000.00$ 400,000.00$ Smiths Neck Engineering
Oct 2015 HSIP 2017
Nov 2015 TAP FY 2017 500,000.00$ 500,000.00$ 400,000.00$ 100,000.00$ Route 17 Greenways
Nov 2015 Rev Shar FY 2017 900,000.00$ 900,000.00$ 450,000.00$ 450,000.00$ Nike Park Road Extension engineering
1,000,000.00$ 1,000,000.00$ 500,000.00$ 500,000.00$ Rural Additions/Paving (2)
Aug 2016 RSTP FY 2023 6,000,000.00$ 6,000,000.00$ 6,000,000.00$ Route 258 Widening (460 N to Five Forks) 1.8 miles
2,600,000.00$ 1,200,000.00$ 1,200,000.00$ 620/258 Intersection improvements
1,100,000.00$ 1,100,000.00$ 1,100,000.00$ Smiths Neck at Titus Creek
Old Mill intersection realignment/signalization
Nike Park Trail
Nike Park Trail**Not open grant application
Rural Additions/Paving (3)
Route 258 Widening (460 N to Five Forks) 1.8 miles
620/258 Intersection improvements
Old Mill intersection realignment/signalization
620/258 Intersection improvements
Smithfield Sidewalk phase 1B, 1C, 2A
Route 258 Widening (460 S to Sunset) 2.4 miles
Transportation Funding Strategy 2014-2018
3,500,000.00$ 3,100,000.00$ 3,100,000.00$ -$ W Blackwater Road improvements
Oct 2016 HSIP 2018 1,500,000.00$ 1,500,000.00$ 1,500,000.00$ Nike Park Road and Titus Creek
3,500,000.00$ 3,100,000.00$ 3,100,000.00$ -$ W Blackwater Road improvements
Nov 2016 TAP FY 2018 500,000.00$ 500,000.00$ 400,000.00$ 100,000.00$ Route 17 Greenways
Nov 2016 Rev Shar FY 2018 4,120,000.00$ 4,120,000.00$ 2,060,000.00$ 2,060,000.00$ Nike Park Road Extension 1
1,000,000.00$ 1,000,000.00$ 500,000.00$ 500,000.00$ Rural Additions/Paving (3)
Aug 2016 RSTP FY 2024 3,500,000.00$ 3,100,000.00$ 3,100,000.00$ -$ W Blackwater Road improvements
1,100,000.00$ 1,100,000.00$ 1,100,000.00$ -$ Smiths Neck at Titus Creek
Oct 2016 HSIP 2019 1,500,000.00$ 1,500,000.00$ 1,500,000.00$ -$ Nike Park Road and Titus Creek
3,500,000.00$ 3,100,000.00$ 3,100,000.00$ -$ W Blackwater Road improvements
Nov 2017 TAP FY 2019 500,000.00$ 500,000.00$ 400,000.00$ 100,000.00$ Route 17 Greenways
Nov 2017 Rev Shar FY 2019 800,000.00$ 800,000.00$ 400,000.00$ 400,000.00$ Rural Additions/Paving (3)
3,975,000.00$ 3,975,000.00$ 1,987,500.00$ 1,987,500.00$ Nike Park Road Extension 2
Aug 2018 RSTP FY 2025 3,500,000.00$ 3,100,000.00$ 3,100,000.00$ -$ W Blackwater Road improvements
1,100,000.00$ 1,100,000.00$ 1,100,000.00$ -$ Smiths Neck at Titus Creek
Oct 2018 HSIP 2020 1,500,000.00$ 1,500,000.00$ 1,500,000.00$ -$ Nike Park Road and Titus Creek
3,500,000.00$ 3,100,000.00$ 3,100,000.00$ -$ W Blackwater Road improvements
Nov 2018 TAP FY 2020 500,000.00$ 500,000.00$ 400,000.00$ 100,000.00$ Route 17 Greenways
Nov 2018 Rev Shar FY 2020 1,450,000.00$ 1,450,000.00$ 725,000.00$ 725,000.00$ Rural Additions/Paving (2)
1,100,000.00$ 1,100,000.00$ 550,000.00$ 550,000.00$ Nike Park Road Extended 3
August 21, 2014/fah/Transition of Franchise Solid Waste Services
ISSUE:
Staff Report – Solid Waste Franchise Transition Plan Update
BACKGROUND:
Isle of Wight County provides an Exclusive Franchise Agreement for
residential solid waste collection and disposal services. Currently these
services are provided by All Virginia Environmental Solutions, Inc. (AVES).
The intent of this Franchise is to give County residents living outside the
Towns an option to privately procure curbside trash collection services at a
competitive rate in lieu of using the County convenient centers.
Due to the failure to meet contract obligations, the County will be transitioning
from AVES to Bay Disposal on October 1, 2014.
Staff will provide a presentation of the actions planned to deliver proper
notification and additional information about the transition to the Board and
the public. This transition will be complete and Bay Disposal will provide these
services by October 1, 2014. Staff will be working with Bay Disposal to ensure
that services to the citizens will not be interrupted.
BUDGET IMPACT:
None
RECOMMENDATIONS:
For the Board’s information.
ATTACHMENT:
Action Plan
August 21, 2014/cbm/Motion to Schedule Intgvt. Meeting – Route 460 Alternatives
ISSUE:
Motion to Schedule an Intergovernmental Committee Meeting with the
Town of Windsor and Discussion of Route 460 Alternatives
BACKGROUND:
Mayor Rita Richardson of the Town of Windsor has requested an
intergovernmental meeting with County officials to discuss the proposed
alignment alternatives for the Commonwealth Connector/Route 460
project as presented by the Virginia Department of Transportation
(VDOT). The purpose of the meeting is for the County and Town to
come to a consensus on the best alignment for our respective
jurisdictions. It is recommended that the Board adopt a motion to
schedule an intergovernmental meeting with the Town of Windsor and
provide potential meeting dates to the Town. Suggested meeting dates
include August 27 or August 28 at 3 p.m.
Additionally, staff has evaluated the proposed Commonwealth
Connector/Route 460 project alternative alignments as presented by
VDOT. Frank Haltom, Director of General Services, will discuss the
proposed alternative alignments and recommend a preferred alignment
for consideration by the Board based on staff’s analysis. It is
recommended that the County send a letter to the Secretary of
Transportation, Aubrey Layne, to convey the County’s preferred
alignment along with a prioritized ranking of VDOT’s proposed
alternative alignments. A draft letter is attached.
RECOMMENDATION:
Adopt a Motion to Schedule an Intergovernmental Committee Meeting
with the Town of Windsor
ATTACHMENT:
Draft Letter to Aubrey Layne, Secretary of Transportation
August 21, 2014
Aubrey L. Layne, Jr.
Secretary of Transportation
Virginia Department of Transportation
1111 East Broad Street
Richmond, VA 23219
Dear Mr. Layne,
In the month of July, the Virginia Department of Transportation held multiple public meetings to gain
public input on the impacts of the proposed alignments for the Commonwealth Connector. The
County of Isle of Wight has reviewed the proposed alternative alignments and would like to express
its continued support for Alternative 1. In recognition of the environmental impacts any alternative
may present, the County would also like to express support for a blend of any alternatives that maintain
the Alternative 1 alignment from the Town of Windsor’s western border easterly to the Isle of
Wight/Suffolk line.
If the Alternative 1 alignment is not selected, the County will consider support of the following
alternative alignments in descending order of priority with the caveat that any alternative alignment
selected maintains the Alternative 1 alignment from the Town of Windsor’s western border easterly
to the Isle of Wight/Suffolk line:
1) 1
2) 3
3) 5N
4) 2N
5) 2S
6) 5S
7) 4
In a letter to Angel Deem, VDOT Environmental Project Manager, dated June 10, 2014, County staff
responded to VDOT’s request for comments to the Supplemental Environmental Impact Statement
(SEIS) location study. County staff provided correspondence to express support for the Proposed
Commonwealth Connector as well as to address concerns regarding the potential impacts to the
County for each of the subsequent alternative alignments.
Page 2 August 14, 2014
As mentioned in the letter, any alternative routed to the north of the existing corridor and the Town of
Windsor would have extensive negative impacts on both community and economic development
interests of the County. Furthermore, any alignment that bisects the County’s Shirley T. Holland
Intermodal Park would be devastating to the County’s growth and economic development potential.
The County recognizes the environmental concerns that have been raised and is fully confident that
an alternative alignment can be developed which mitigates environmental impacts while protecting
existing and future planned commercial, industrial, and residential development along this corridor.
We greatly appreciate the opportunity for continued collaboration with the Commonwealth on this
critically important project.
Respectfully,
Byron B. Bailey
Chairman
cc: The Honorable Board of Supervisors
The Honorable John A. Cosgrove, Jr.
The Honorable L. Louise Lucas
The Honorable Thomas K. Norment, Jr.
The Honorable Richard L. Morris
The Honorable Roslyn C. Tyler
Anne F. Seward, County Administrator
Mark C. Popovich, County Attorney
Amy Ring, Interim Director of Economic Development
Frank Haltom, Director of General Services
Beverly H. Walkup, Director of Planning and Zoning
ISSUE:
Tyler’s Beach Solutions and Strategies
BACKGROUND:
At its regular meeting on July 17, 2014, the Board of Supervisors
tabled action on the staff proposals for Tyler’s Beach until its
meeting on August 21, 2014.
At the Board’s regular meeting on June 19, 2014, staff presented
three (3) options for the future of Tyler’s Beach. The Board tabled
further discussion of this matter to the July 17, 2014 meeting.
BUDGETARY IMPACT:
The budgetary impact of staff’s recommendation includes
additional expenditures in the amount of $85,000 and additional
revenues in the amount of $73,500.
RECOMMENDATION:
Staff continues to recommend Option #3 which includes the
following:
- Hire a part-time Park Ranger for the Department of Parks and
Recreation at a cost of approximately $50,000 annually
(approximately 2,080 hours). A Park Ranger would have
authority to enforce not only ordinances, but policies as
well.
- Pursue the removal of delinquent and abandoned boats
(approximately $20,000).
ATTACHMENTS:
- Policy amendments
- Ordinance revisions
Section 4.5
(Adopted 5/12/11)
Tyler’s Beach Boat Harbor - User Fee
a. Intent
Incorporate a fee that will subsidize a portion ofoffset the expenses that are
incurred by regular users of the Tyler’s Beach Boat Harbor.
b. Process
- Incorporate a monthly fee that will not exceed an annual payment of
$250.00be set annually by the County Administrator.
- Fee will be applied to all applicants.
- User fee period will be January 1 until December 30 of any current
year.
- Applicant will be billed each January. Payment must be received
within 45 days of the billing date.
- Individuals who make application after July 1 of a current year will
incur a cost of $125.00.
- All users must file and adhere to components of the “Tylers Beach
Boat Harbor Docking Agreement.”make application to the Department
of Parks and Recreation in order to dock a vessel at Tyler’s Beach
Boat Harbor
- NO REFUNDS FOR ALL OR A PORTION OF A FEE FOR ANY
REASON.
c. Services Provided
Opportunity to utilize space to moor a watercraft within the
boundaries of the Tyler’s Beach Boat Harbor.
Use of electricity.
Use of fenced yard to make repairs to watercraft.
Section 4.6
(Adopted 11/4/04, Revised 8/21/09, Revised 5/12/11)
Tyler’s Beach Boat Harbor - Docking Agreement
Name of Vessel:______________________________________
Vessel holds: ____ Va. Registration #__________________
____Documentation
Registered Owner:____________________________________
Mailing Address: _____________________________________
_____________________________________
_____________________________________
_____________________________________
Physical Address:_____________________________________
_____________________________________
_____________________________________
_____________________________________
Phone #___________________(Day) ________________(Night)
I, the undersigned, agree to the following conditions for docking or mooring
my vessel at the Tyler’s Beach Boat Harbor, Isle of Wight County (the “Boat
Harbor”):
Formatted: Space After: 10 pt, Line spacing: Multiple 1.15li, Tab stops: Not at 3" + 4.5"
a. All vessels utilizing the Boat Harbor for docking or mooring are to be
registered with the Isle of Wight County Department of Parks and
Recreation.
b. My vessel shall be kept in good operating order.
c. My vessel shall not interfere with the reasonable operation of other
boat owners located in the Boat Harbor.
d. I shall be responsible for any damage created by the use of, or the
rafting of my vessel to other vessels located in the Boat Harbor.
e. I shall not litter or leave debris at the Boat Harbor associated with my
use of, or the maintenance of my vessel.
f. Any maintenance associated with my vessel that requires storing
and/or blocking of the vessel will be done in the designated area.
g. Any unloading of crab pots or other equipment associated with the
operation of commercial fishing will not be left on site for more than twenty-
four (24) hours.
h. That all courtesies will apply when utilizing the established loading
and unloading dock.
i. That overnight stays on boats moored in the harbor are prohibited
and furthermore no camping or overnight stays are permitted on the
property.
I, the undersigned, further understand and agree to the following:
a. Any vessel that is inoperable will be located so as to not interfere with
the use of operable vessels and the owner will have thirty (30) days to get
the vessel in operable condition.
b. Any vessel that sinks, is the responsibility of the owner and shall be
refloated by the owner within a seven-day (7) period.
Formatted: Space After: 10 pt, Line spacing: Multiple 1.15li, No bullets or numbering, Tab stops: Not at 3" + 4.5"
Formatted: Space After: 10 pt, Line spacing: Multiple 1.15li, Tab stops: Not at 3" + 4.5"
Formatted: Space After: 10 pt, Line spacing: Multiple 1.15li, No bullets or numbering, Tab stops: Not at 3" + 4.5"
c. Any vessels that sink two (2) times in any sixty-day (60) period must
be removed from the Boat Harbor at the owners’ expense.
d. Any pollution of the water and or property associated with the Boat
Harbor created by me and/or my agents, representatives or invitees and/or
my vessel will be cleaned up at the expense of the owner within ten (10)
days.
Any violation of these requirements shall cause the cancellation of this
agreement and result in the removal of the above named vessel from the
Boat Harbor.
If such violation requires the Isle of Wight County Department of Parks and
Recreation to remove a vessel and or debris from the Boat Harbor due to
the negligence of a vessel owner, such removal will result in the County of
Isle of Wight billing the responsible party applicable fees with payment due
within thirty (30) days of receiving such bill. If payment is not received
within said time period, Isle of Wight County may seize and, after providing
thirty (30) days written notice, sell the vessel at public auction. Cost
incurred by auction will be paid by boat owner.
I understand and agree to the conditions of this agreement, and will abide
by the conditions of this agreement.
__________________________________ _____________
Signature Date
___________________________________ ___________
Witness Date
Formatted: Space After: 10 pt, Line spacing: Multiple 1.15li, Tab stops: Not at 3" + 4.5"
Formatted: Space After: 10 pt, Line spacing: Multiple 1.15li
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE
BY AMENDING AND REENACTING
CHAPTER 16. TYLERS BEACH BOAT HARBOR.
WHEREAS, on December 5, 1967 the Isle of Wight County Board of Supervisors, after holding a
public hearing in accordance with Section 15.2-1427 of the Code of Virginia (1950, as amended), enacted
Chapter 16 of the Isle of Wight County Code to establish a public boat harbor known as the “Tylers
Beach Boat Harbor”; and
WHEREAS, the increased use of the Tylers Beach Boat Harbor has resulted in the need to ensure
the safety and security of the facility and to protect the life and safety of the citizens using the same;
BE IT, AND IT IS HEREBY ORDAINED, by the Board of Supervisors of Isle of Wight County,
Virginia, that Chapter 16, Tylers Beach Boat Harbor of the Isle of Wight County Code be amended and
reenacted as follows:
Article I. In General
Sec. 16-1.Establishment; purpose; regulations generally.
With the approval and assistance of the United States of America and the United States Army Corps
of Engineers, Norfolk, Virginia, the parcel of land at Tylers Beach, in Hardy Magisterial District, County
of Isle of Wight, State of Virginia, containing 4.85 acres, more or less, in the aggregate, according to a
survey thereof made by Roy Brinkley, C.L.S., on December 15, 1966, which was acquired from Ann C.
Tyler, Grace H. Bradby, Eliza Hughes and others by the county, and all structures, buildings, landings,
wharves, bulkheads, docks, piers, basins, channels, waters and all other facilities now on, or which may
hereafter be erected, constructed or placed in and/or on such land, are hereby set aside and established as
and for a public boat harbor for use and occupancy by all commercial, recreational and pleasure boats and
vessels. The use, occupancy and operation of such boat harbor and its facilities shall be in accordance
with this chapter and such rules and regulations as may be made and promulgated with respect thereto by
the department of parks and recreation of the county, which boat harbor and its facilities shall be open to
all on equal terms. The aforesaid boat harbor shall be known as the "Tylers Beach Boat Harbor." (10-5-
67, § 2; 9-19-02.)
Sec. 16-2.Enforcement of chapter, etc.
This chapter and the rules and regulations made by the Isle of Wight County bBoard of sSupervisors
of the county shall be enforced by the Ddepartment of pParks and Rrecreation of the county. (10-5-67, §
12; 9-19-02.)
Article II. Administration.
Sec. 16-3.Generally.
The administration and management of the Tylers Beach Boat Harbor shall be by the Isle of Wight
County dDepartment of pParks and rRecreation of the county. For purposes of this chapter, the Isle of
Wight County Department of Parks and Recreation shall be referred to as the "Department". (10-5-67, §
3; 9-19-02.)
Sec. 16-4.Powers and duties.
The dDepartment of parks and recreation for the county is hereby authorized and empowered:
(a) To manage, supervise and control the use, occupancy and operation of the boat harbor and its
facilities pursuant to this chapter and the rules and regulations made by the dDepartment; provided,
that the dDepartment may, from time to time, appoint, designate and charge some person as its agent
for such purposes who shall be responsible to and perform such duties and functions as required by
the dDepartment and who may be paid such compensation in such manner as the board Board of
Supervisors may determine.
(b) To make any and all reasonable rules and regulations for the use, occupancy, operation, growth and
development of the public boat harbor herein established and its facilities, including rules and
regulations, including fixing and determining:
(1) Any and all reasonable rates and charges for the use, occupancy and operation of the boat
harbor and its facilities, except and other than for the public landing and dock hereinafter
reserved for general public use and occupancy as hereinafter provided for, by any and all kinds,
types and sizes of boats and vessels;
(2) The kind, size and type of boats and vessels which may use and occupy the boat harbor and its
facilities, the space or place in the boat harbor which may be used or occupied by any boat or
vessel and when and the period of time during which any boat or vessel may use or occupy such
boat harbor.
(c) From time to time, to alter, repeal or amend the rules and regulations, or any of them, made by the
dDepartment; provided, that none of such rules and regulations, as originally made and as altered or
amended, shall become effective and have the force and effect of law until after they shall have been
posted in full for thirty days on the property, which rules and regulations shall be filed with and
made available by the board of supervisors as a public record. (10-5-67, § 4; 9-19-02.)
Article III. Use.
Sec. 16-5.Disposition of charges, etc.
The amount of all rates, charges and revenue of every kind due for the use, occupation and operation
of the boat harbor and its facilities and for any and all business or activity conducted in connection with
the use, occupation and operation of the boat harbor shall be collected by and paid to the county's agent.
The amount of all such rates, charges and revenue so collected shall be applied by the board or its agent to
the payment of the costs and expenses of the operation of the boat harbor and its facilities. The net
balance thereof shall be paid to the cCounty tTreasurer not later than the thirtieth day of June in each year.
(10-5-67, § 5; 9-19-02.)
Sec. 16-6.Landing or dock.
The landing or dock at the north end of the basin of the boat harbor is hereby reserved, established
and declared as and for a public landing and dock for general public use and occupancy by any and all
boats and vessels without any charge thereforat a fee which shall be set forth in the Isle of Wight County
Uniform Fee Schedule, as adopted by the Board of Supervisors, as it may be amended, unless otherwise
set forth herein, and which shall be so identified by appropriate signs; provided, that such use and
occupancy of such public landing and dock shall be subject to and regulated and controlled by this
chapter and the rules and regulations of the boardDepartment; and provided further, that wharfage for in-
or out-bound cargo placed on the public landing and dock and the wharfage for all boats and vessels
thereat shall not exceed the time fixed by the boardDepartment, without charge, and cargo and boat
wharfage charges for the use and occupancy of such public landing and dock in excess of the time fixed
by the board shall be fixed by the director of parks and recreation.
For such boats and vessels that remain at the landing or dock in excess of the time fixed by the
director of parks and recreationDepartment, proper registration with the county shall be required by
making application to the director of parks and recreationDepartment. All such boats and vessels shall
maintain a valid and current state registration. In addition, such boats or vessels shall be charged a fee of
two hundred fifty dollars per year for the use of county-supplied electricity to be used, without limitation,
by such boats or vessels. (10-5-67; 9-19-02; Ord. No. 2011-4-C, 3-3-11.)
Sec. 16-7.Permits.
All persons desiring to use and occupy the boat harbor or its facilities or any part thereof shall make
application for a permit therefor in writing to the dDepartment of parks and recreation of the county or its
agent upon forms provided by the dDepartment of parks and recreation of the county, showing the name
and address of the applicant, the kind, type and size of the boat or vessel of the applicant, the kind and
type of use or occupancy desired by the applicant and the period of time for which such use and
occupancy is desired and, upon receipt of a proper application, the payment of all rates and charges
required by this chapter or the rules and regulations of the dDepartment of parks and recreation of the
county and evidence of compliance by the applicant with this chapter and such rules and regulations, the
dDepartment of parks and recreation of the county or its agent shall issue such permit to the applicant.
Such permit shall be retained by the dDepartment of parks and recreation of the county, and no such
permit shall be issued until all rates and charges required by this chapter or such rules and regulations
have been paid. The dDepartment of parks and recreation of the county, upon refusal to issue such permit,
shall forthwith notify the applicant in writing of such refusal and the reasons therefor. From the date of
such written notice of refusal to issue such permit, the applicant shall have ten (10) days in which to make
written appeal to the board of supervisorsCounty Administrator, setting forth in detail the facts relating
thereto and the particular errors alleged to have been made by the dDepartment of parks and recreation of
the county or its agent in refusing to issue such permit. The board of supervisorsCounty Administrator
shall then set the matter for a hearing, giving at least ten (10) days' written notice to the applicant of the
time and place of the hearing. Upon being refused such permit by the board of supervisorsCounty
Administrator, the applicant may, within thirty (30) days from the date of the adverse ruling and decision
of the board of supervisors, petition the circuit court of the county for review. A copy of such petition
shall be served on the chairman of the board of supervisors and the county's attorney not later than five
days from its return date. (10-5-67, § 7; 9-19-02.)
Sec. 16-8.Unlawful acts.
It shall be unlawful and constitute a violation of this chapter for any person:
(a) To use or occupy the boat harbor or any of its facilities without first obtaining a written permit from
the duly authorized agent of the county or its agent and paying the amount of the rates and charges to
the duly authorized agent of the county.
(b) To erect, construct or place any building, structure, landing, wharf, dock, pier, pole, walkway,
projection or other facility in the waters of the basin or channel of the boat harbor or within the
bulkhead line thereof or on the land or property adjacent to or abutting on the basin or channel
thereof without first obtaining a written permit from and as prescribed by the dDepartment of parks
and recreation of the county or its agent.
(c) To deposit, sink or place or cause or permit to be deposited, sunk or placed in the waters of the boat
harbor, its basin or channel, or along the shores thereof or in any of the streams or ditches emptying
therein, or on any of the land adjacent or contiguous to and abutting on the boat harbor or its
facilities, its basin or channel, any refuse, offal, waste matter, earth, oil, liquid, animal, fish,
vegetable matter, barge, scow, boat, ship, vessel, any other watercraft, trees, timber or logs, or any
other substance, thing, matter or material that may injuriously affect the sanitary, clean, safe, orderly
and proper condition, use, occupancy or operation of the boat harbor, its waters and facilities; to fail
forthwith to mark the waters of the boat harbor at the place where any of the foregoing items, things
or materials are located with a buoy or other discernable warning device in the daytime and with a
lighted lantern or other discernable lighted or flare device at night; to fail to maintain such marks and
warning devices until such items, things and materials are removed therefrom; and to fail to
forthwith commence and to continue without any interruption the removal therefrom of any of the
aforesaid items, things or materials.
(d) To operate any boat or vessel entering, leaving or moving in, on or about the waters of the boat
harbor at a speed in excess of five miles per hour or to operate any boat or vessel in, on or about such
waters at a speed or in a manner so as to create a swell that may injure other boats, vessels or other
watercraft anchored, tied up or attached to the boat harbor or its facilities or plying or moving in, on
or about the waters of the boat harbor or at a speed or in a manner so as to endanger or injure the life,
limb or property of any person.
(e) To anchor, moor, tie up, dock, place or attach any boat, vessel, ship, barge, scow or other craft at any
place, space, dock, pier, point or location or in any manner other than that designated, prescribed,
located and authorized by the dDepartment of parks and recreation of the county or its agent or to
stop, pass or interfere with any boat, vessel or other craft in the waters of the boat harbor in such
manner as to prevent, obstruct or interfere with the movement, passage, approach, berthing,
anchoring, mooring, docking or placing of other boats, vessels or craft, except when specifically
authorized by the dDepartment of parks and recreation of the county or its agent or to utilize, use or
occupy any bulkhead, landing, pier, space, dock or place inside the waters of the basin and channel
of the boat harbor without first obtaining the written permit therefor from the dDepartment of parks
and recreation of the county or its agent.
(f) To fail to forthwith remove any boat, vessel or cargo from the boat harbor and its facilities when
ordered to do so by the Ddepartment of parks and recreation of the county or its agent for such cause
as may be deemed proper by the Ddepartment of parks and recreation of the county or its agent or to
fail to remove any boat, vessel or cargo therefrom for nonpayment of rates and charges.
(g) To permit or allow any boat, vessel or cargo owned, controlled or in his custody to remain at or on
the aforesaid public landing or dock herein reserved for the general public use and occupancy
without charge and to fail to remove such boat, vessel or cargo therefrom after the expiration of the
period of time fixed by the department of parks and recreation of the county for such use and
occupancy without charge and such cargo, boats and vessels shall remain on and at such public
landing and dock at the expense and risk of the consignee, owner, bailee or custodian thereof. (10-5-
67, § 8; 9-19-02.)
Sec. 16-9.Authority to require removal, repair, etc. of bandoned vesselsproperty.
(a) Whenever the Ddepartment of parks and recreation, recreation coordinator, park administrator, or
their designees or successorsor its agent shall be of the opinion that any vessel has been abandoned
or that such, or that any dock, wharf, pier, piling, bulkhead or other structure or vessel might
endanger the public health or safety of persons, or might constitute a hazard or obstruction to the
lawful use of the waters within or adjoining boat harbor, he shall cause a written notice shall to be
mailed by certified mail or delivered to the owner of such dock, wharf, pier, piling, bulkhead or other
structure or vessel, directing the owner to remove, repair, or dispose of or secure such property
within the time specified in such notice. Any such owner who shall fail to remove, repair, dispose of
or secure such property within the time specified in such notice shall be guilty of a Class 1I
misdemeanor. Each day's default in the removal, repair, disposal or securing shall constitute a
separate offense. In addition, a judge hearing the case may order the owner to remove, repair,
dispose of or secure the dock, wharf, pier, piling, bulkhead or other structure or vessel.
(b) If the owner fails to remove, repair, dispose or secure such dock, wharf, pier, piling, bulkhead or
other structure or vessel within the time specified in the notice given pursuant to this section, the
Ddepartment of parks and recreation, recreation coordinator, park administrator, or their designees or
successorsor its agent may remove, repair, dispose of or secure such property at the expense of the
owner, and the expense shall be chargeable to and paid by the owner of such property or the owner
of the property to which any dock, wharf, pier, piling, bulkhead or other structure, hereinafter
referred to as "hazard" is attached. Such expense shall be a lien upon such property that was
removed, repaired, disposed of or secured, and upon any parcel of land of which the hazard is a part
or to which the hazard is affixed or from which it was removed, and upon the owner's other real
property in the county, until paid. Such expense shall be reported by the dDepartment of parks and
recreation, recreation coordinator, park administrator, or their designees or successorsor its agent to
the cCounty tTreasurer, who shall collect the same in the manner in which county taxes levied upon
real estate are authorized to be collected. Such lien shall be recorded in the judgment lien docket
book in the circuit court of the county, and may also be reduced to a personal judgment against the
owner and collected as otherwise provided by law.
(c) If the identity or whereabouts of the lawful owner is unknown or not able to be ascertained after a
reasonable search and the above-referenced notice has been made to the last known address of any
known lawful owner, the dDepartment or its agentof parks and recreation, recreation coordinator,
park administrator, or their designees or successors, may cause repairs to be made to such wharf,
pier, piling, bulkhead or other structure or vessel, or cause same to be removed and disposed of after
giving notice of such repair or removal in a newspaper of general circulation in Isle of Wight
County, Virginia. In the event the Ddepartment or its agentof parks and recreation, recreation
coordinator, park administrator, or their designees or successors, causes the removal, repair or
security of any such wharf, pier, piling, bulkhead or other structure or vessel after complying with
the notice provisions of this section, such expense shall be a lien upon such property that was
removed, repaired, disposed of or secured, and upon any parcel of land of which the hazard is a part
or to which the hazard is affixed or from which it was removed, and upon the owner's other real
property in the county, until paid. Such expense shall be reported by the Ddepartment or its agent of
parks and recreation, recreation coordinator, park administrator, or their designees or successors, to
the Ccounty Ttreasurer, who shall collect the same in the manner in which county taxes levied upon
real estate are authorized to be collected. Such lien shall be recorded in the judgment lien docket
book in the circuit court of the county, and may also be reduced to a personal judgment against the
owner and collected as otherwise provided by law. (10-2-08.)
For state law as to authority of the county to regulate abandoned property, see Code of Va., § 15.2-909.
Sec. 16-10. Acquiring title to abandoned watercraft.
Formatted: Font: (Default) Times New Roman
The Department is hereby authorized to acquire title to any watercraft abandoned in or on the
Tylers Beach Boat Harbor for a period exceeding sixty (60) days in accordance with Section. 29.1-733.25
of the Code of Virginia (1950, as amended).
Adopted this _____ day of ______________________, 2014.
Byron B. Bailey, Chairman
Board of Supervisors
Attest:
Carey Mills Storm, Clerk
Approved as to Form:
Mark C. Popovich
County Attorney
Formatted: Justified, Indent: Left: 0", First line: 0"
Formatted: Font: (Default) Times New Roman
Formatted: Space After: 0 pt, Line spacing: single
Formatted: Font: (Default) Times New Roman
Formatted: Font: (Default) Times New Roman
Formatted: Justified, Indent: Left: 0", First line: 0"
Motion – Board Retreat, CBM, August 21, 2014
ISSUE:
Motion to Approve a Board of Supervisors Retreat Agenda, Invite
Members of the Planning Commission to the Retreat, and Disseminate a
Citizens Satisfaction Survey
BACKGROUND:
At its regular meeting on July 17, 2014, the Board directed staff to schedule
a retreat for Friday, September 19th, at the Smithfield Center. Staff has
developed a draft retreat agenda with potential topics for presentation and
discussion for the Board’s review and approval.
The Board may wish to consider inviting the Planning Commission to
attend the afternoon session of the retreat which will focus on regional
growth trends and projections and County growth and development
strategies.
Staff has also drafted a citizen satisfaction survey and action plan which is
recommended to help gauge citizen views about Isle of Wight County
including overall quality of life, county government services, amenities,
and public communication. With the concurrence of the Board, staff will
move forward in distributing the citizen satisfaction survey to the public
and present preliminary results at the Board’s Retreat on September 19,
2014.
RECOMMENDATION:
Adopt a motion to approve the Board Retreat Agenda, invite members of
the Planning Commission to the retreat, and disseminate a citizens’
satisfaction survey.
ATTACHMENTS:
- Draft Agenda
- Draft Citizen Satisfaction Survey and Action Plan
Board of Supervisors
Annual Retreat
September 19, 2014
Smithfield Center
Agenda
8:00 – 8:30 a.m. Breakfast
8:30 – 10:30 a.m. Effective Leadership & Governance Jim Campbell, Exec. Dir.,
Virginia Association of Counties
William Quarles, Ret. Board of
Supervisors, Goochland County
10:30 – 10:45 a.m. Discussion and Next Steps Board of Supervisors
10:45 – 11:00 a.m. Break
11:00 – 11:15 a.m. Citizen Satisfaction Survey Update Judy Winslow, Director of Tourism
11:15 – 11:45 a.m. Regional Growth Trends & Projections Greg Grootendorst,
Chief Economist,
Hampton Roads Planning District
Commission
11:45 – 12:00 p.m. Discussion Board of Supervisors &
Planning Commission
12:00 – 12:45 p.m. Lunch
12:45 – 1:45 p.m. Growth and Development Strategies Richard Rudnicki, Principal
Planner & IOW Development Team
1:45 – 2:15 p.m. Discussion Board of Supervisors &
Planning Commission
2:15 – 3:00 p.m. Next Steps Board of Supervisors & Planning
Commission
1. I _________ in Isle of Wight County: (Please check all that apply.)
2. If you live, work, own a business, or have visited Isle of Wight County, please describe any additional
activities you do while you are here? (Ex: post office, DMV, shopping downtown, dining, visiting friends, etc.)
3. If you live, work, own a business, or have visited Isle of Wight County, can you tell us what is especially
appealing to you about the county- why you chose Isle of Wight County?
4. When you think of Isle of Wight County, what is the first thing that comes to mind?
5. What would you say is Isle of Wight County’s “reputation?”
6. Do you feel safe in Isle of Wight County?
7. What do you think are Isle of Wight County’s three greatest assets for attracting new businesses,
visitors and residents - in order (and please don't include "the people")?
8 What are the three biggest challenges facing Isle of Wight County in attracting visitors, businesses
and new residents - in order (and please don't include "the people" as one)?
9. Please imagine a scale from 1-5, where 1 represents the worst possible community in which to live,
and 5 represents the best possible community. Where on that scale would you rate Isle of Wight
County as a place to LIVE?
ISLE OF WIGHT COUNTY CITIZEN SURVEY 2014
1 2 3 4 5
1
Live Work Conduct Business Own a Business Visit
What County provided services do you use and how satisfied are you with those services.
Please answer on the sliding scale provided.
1-Totally Dissatisfied 2-Dissatisfied 3-Satisfied 4-Very Satisfied 5-Totally Satisfied
10. Refuse/Convenience Centers
11. Refuse/Pick up
12. Drinking Water
13. Sewage Collection
14. Stormwater Drainage
15. Parks
16. Recreational Programming
17. Fire and Emergency Services
18. Law Enforcement/Safety
COUNTY GOVERNMENT SERVICES
2
DO NOT USE 1 2 3 4 5
Comments:
DO NOT USE 1 2 3 4 5
Comments:
DO NOT USE 1 2 3 4 5
Comments:
DO NOT USE 1 2 3 4 5
Comments:
DO NOT USE 1 2 3 4 5
Comments:
DO NOT USE 1 2 3 4 5
Comments:
DO NOT USE 1 2 3 4 5
Comments:
DO NOT USE 1 2 3 4 5
Comments:
DO NOT USE 1 2 3 4 5
Comments:
19. Courts (General District, Circuit, Juvenile and Domestic Relations)
20. Social Services
21. Public Health Programs and Services
22. Public Education
23. Planning, Zoning and Inspections
24. Tourism and Special Events
25. Museums and Cultural Attractions
26. Economic Development/Job Creation
27. Library Programs and Services
28. OTHER
COUNTY GOVERNMENT SERVICES (continued)
3
DO NOT USE 1 2 3 4 5
Comments:
DO NOT USE 1 2 3 4 5
Comments:
DO NOT USE 1 2 3 4 5
Comments:
DO NOT USE 1 2 3 4 5
Comments:
DO NOT USE 1 2 3 4 5
Comments:
DO NOT USE 1 2 3 4 5
Comments:
DO NOT USE 1 2 3 4 5
Comments:
DO NOT USE 1 2 3 4 5
Comments:
DO NOT USE 1 2 3 4 5
Comments:
DO NOT USE 1 2 3 4 5
Comments:
COUNTY AMENITIES
4
What desired Amenities would you like to see come to/expanded in the County?
Entertainment
Type? (Movie Theater, Restaurants, Night Life, Museums/Culture, Live Music, Spa, Wi-Fi Hotspots, Community Centers, Art Galleries, OTHER)
Shopping
Type? (Gourmet Grocery, Home & Garden, Clothing, Appliances, OTHER)
Recreation
Type? (Camping-tent or RV, Paint Ball, race track, tournament fields/courts, bowling alley, Bike Paths, Marinas, Pool, Nature Centers,
Riding Trails, Fishing Piers, Golf Courses, Fitness Paths, Canoe/Kayak, Playgrounds, Picnic Areas, OTHER)
Transportation
Type? (Commuter rail, bus service, Trolley/street cars, I-Ride, car/cab service, Airport, OTHER)
Housing
Type? (Townhouses, Condo’s, Trailer Parks, “Live-aboves”, Apartments, Lofts, Houseboats, Assisted Living/Nursing Home,
Section 8 Housing, “Affordable” housing, OTHER)
OTHER AMENITIES DESIRED:
Type? (Gourmet Grocery, Home & Garden, Clothing, Appliances, OTHER)
Would you be willing to pay additional taxes/fees for enhanced amenties such as retail, shopping,
restaurants, entertainment, etc.?
COMMUNICATION
5
Why/Why Not?
Have you visited the Counties website?
Are you satisfied with the content?
Have you watched the Counties PEG Channel (Cable TV)?
Are you satisfied with the content?
How do you prefer to receive information about/from the County? (Check all that apply)
Direct Mail
E-Mail
Website
Charter PEG Channel
Traditional Newspaper
Smithfield Times
Daily Press
Tidewater News
VA Pilot
Social Media
Facebook
Twitter
Instagram
SnapChat
OTHER
Yes No
Why/Why Not?
Yes No
Why/Why Not?
Yes No
Why/Why Not?
OTHER - What “other?”
OTHER - What “other?”
Yes No
YOUR DEMOGRAPHICS
6
Age
Gender
Race
Additional Comments
WIFM (What’s In It For Me?)
The survey can be taken anonymously but if you would like to give us your email and mailing address and/or
phone number, you will be entered into a drawing to win 2 tickets to either the BOB FEST (January) or
Smithfield Wine & Brew Fest (April). See www.SmithfieldVAEvents.com for more information.
18-26
27-35
36-45
45-55
55-65
65-75
75+
White
Black/African American
Hispanic
Asian
OTHER
Anonymous
Male
Female
Name:
Email Address:
Phone Number:
Citizen Satisfaction Survey
Action Plan
Board Approval of Citizen Satisfaction Survey and Action Plan August 21, 2014
Survey Disseminated August 25, 2014
Preliminary Results Compiled September 12, 2014
Preliminary Results Presented at Board Retreat September 19, 2014
Survey Ends October 6, 2014
Final Results Compiled October 10, 2014
Final Survey Results Presented to Board of Supervisors October 23, 2014
Survey Distribution
How the survey will be distributed:
Electronically
On the County website‐link on the home page (Survey Monkey).
Link on all County Facebook pages.
Program about it on The County Beat.
Notice with link and paper survey locations in the Community Calendar in the Smithfield Times and
Tidewater News for the 6 week period.
Printed business cards with the link to hand out at front desks, meetings, events and functions during
the survey period.
All County Department distribution lists.
Posters/Flyers/Business Cards regarding the survey will be displayed and available at all County Desks
that service the public.
Printed Copies
Available at the County Information Desk and at Kiosks set up in the Admin Building, Main Building,
Social Services Building, General Services Building, Courts Building.
Available at all Parks & Recreation Outlets
Available at the Visitor Center
Solicited copies at County Hot spots (will require staffing)
o Hot Spots:
Food Lion‐Windsor
Food Lion/Farm Fresh‐Smithfield
Food Lion/Carrollton
Southern End of County – Bradshaw’s Country Store
o Staffing Cost:
Option 1:
20 hours per week X 6 weeks = 120 hours X $9.50/hour = $1,140 + FICA = $1,228
5 hours per week in each location‐Saturdays from 11 a.m. until 4 p.m.
Option 2
38 hours per week X 6 weeks = 228 hours X $9.50/hour = $2,166 + FICA = $2,333
5 hours per week on Saturday from 11 a.m. until 4 p.m.
3 hours per week on Friday from 4 p.m. until 7 p.m.
ISSUE:
Matters for the Board’s Information
BACKGROUND:
The matters attached to this Board report are included as means of
providing information to the Board relative to matters of interest. These
items do not require any action by the Board.
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS:
1. Monthly Reports: Delinquent Tax Information and Statement of
Treasurer’s Accountability
2. Windsor Water Bill
3. Letter from Delegate Rick Morris
4. Litter Pickup Update
MEMORANDUM
TO: Anne Seward, File
FROM: Frank Haltom, P.E., Director of General Services
SUBJECT: County Water System Leak in Windsor
DATE: August 8, 2014
__________________________________________________________________________
The County purchases water from the Town of Windsor to supply water to the customers of
the County. This memorandum serves to summarize the events associated with a recent
significant water leak in the County’s water distribution system that uses the Town of
Windsor’s water as its source.
The leak event occurred over the course of two billing periods and has cost the County
$30,740 more than originally budgeted for the fiscal year.
The County became aware of the problem upon receiving the water bill from the Town of
Windsor on October 8, 2013. Immediately upon receiving the bill, County staff contacted the
Windsor Public Utility staff to determine the reason for the abnormally high bill. On that same
day, Town and County staff met at the Town’s meter vault to determine if there was a faulty
meter. Upon meeting, Windsor staff conveyed they had recognized a large volume of water
was going through the system based on the well’s extended pump run-times and the high
volume of water that registered on the meter, which is indicative a water leak. However,
County staff was never contacted by the Town to address the problem. The County then
immediately performed an investigation, located the leak and repaired it the same day the bill
was received.
Since the Town did not contact the County upon reading the meter, the leak continued into
the next billing period. The two bills received by the Town totaled $48,314.50 (first bill =
$28,743; second bill = $ 19,571.50). The annual average bill received by the Town is
$2,135.90. See attached spreadsheet for detailed billing information. The County applied and
the Town granted a credit of 50% of the volume of water used over the annual average
consumption, according to their recent policy adoption. This resulted in a credit of $13,303.55
on the first bill.
The Town’s ordinance allows a credit for only one bill per year. Therefore, the County was
not eligible to attain a credit for the entire leak event. The Town’s water supply is untreated
well water. Since the water is not treated, the Town experiences minimal costs to provide the
water. The additional cost burden to the Town due to the leak is mostly restricted to the
increased power charges to run the wells. Although this cost is not known it can be estimated
the additional costs to the Town is less than $300. Due to this fact, County staff pleaded the
Town Council for an additional credit for the second bill for which the leak occurred. The
Town denied this request. Therefore, County staff paid the bill. However, the overages on
the second bill could have been avoided if the Town staff notified the County of the problem
in a timely manner in lieu of waiting until the bill was received.
DAMAGES TO THE COUNTY
The County could not have forecast the expenses associated with this leak simply due to the
magnitude of the volume of water lost over a period of time that spanned two billing cycles.
The resulting net amount paid for the two cycles over which the leak occurred was in excess
of $35,000.00. The total the County would expect to pay in that time frame would be
approximately $4,300. The $30,740 difference in these amounts was therefore not in the
County’s budget.
In order to lessen the impact of future leaks, staff will perform weekly readings of the County
master meters to determine if a high volume of water is passing through the water meters that
would indicate a leak or possible misuse of the County water system.
MEMORANDUM
TO: Anne F. Seward, County Administrator
FROM: Ralph Anderson, Jr. Solid Waste Manager
SUBJECT: Litter Pickup Quarterly Update
DATE: August 12, 2014
Public Works, with the help of the Western Tidewater Regional Jail Workers, continue to make an
effort to keep the county roadways clean. The following is a list of roads where litter was picked
up during the months of March thru July:
Carroll Bridge Rd: Woodland Dr.to Scott`s Factory Rd.
Woodland Dr.: Carroll Bridge Rd to Longview Dr.
Oliver Dr.: Benn Church Blvd to Longview Dr.
Stave Mill Rd: Windsor Blvd to Cut Thru Rd.
Clydesdale Dr.: Courthouse Hwy to Cut Thru Rd.
Bowling Green Rd: Turner Dr. to Bob White Rd.
Turner Dr.: Benns Church Blvd to Scott`s Factory Rd.
Smith`s Neck Rd: Carrollton Blvd to Rescue Rd.
Courthouse Hwy: Red House Rd to Iron Mine Springs Rd.
Water Works Rd: Magnet Dr. to Mt. Holly Creek Ln.
Emmanuel Church Rd: Magnet Dr. to Mill Swamp Rd.
The following is a list where litter is scheduled to be picked up during the months of August thru
September 2014:
Route 10: Courthouse Hwy to Ft. Huger Dr.
Old Stage Hwy: Rte 10 to Berry Hill Rd.
Berry Hill Rd: Rte 10 to Old Stage Hwy.
Foursquare Rd: Courthouse Hwy to Ting Rd.
Waterworks Rd: Courthouse Hwy to Mt Holly Creek Ln.
Nike Park Rd: Battery Park Rd to Reynolds Dr.
Titus Creek Rd: Nike Park Rd to Smith`s Neck Rd.
Reynolds Dr.: Brewres Neck Blvd to Smith`s Neck Rd.
Scott`s Factory Rd: Courthouse Hwy to Turner Dr.
Bethel Church Ln: Waterworks Rd to Blair`s Creek Dr.