June 19th, 2014 Full AgendaA Community of Choice, Committed to Excellence
Agenda
Board of Supervisors
Isle of Wight County
June 19, 2014
1. Call to Order (5:00 p.m.)
2. Closed Meeting
3. Invocation – The Honorable Delores C. Darden/Pledge of Allegiance
(6:00 p.m.)
4. Approval of Agenda
5. Consent Agenda
A. Motion to Approve Tax Refund for Hines Design Labs ($5,910)
B. Motion to Approve Capital Funds Transfer for Medic Unit
C. Resolution to Return State Homeland Security Grant Award for CERT
Program ($8,293)
D. Resolution to Recognize Parks & Recreation Month in July
E. Resolution to Adopt the FY2014-15 Compensation and
Classification Plan
F. Resolution to Acknowledge School Board Election of VRS
Contribution Rate
G. August 20, 2013 Breeden (Eagle Harbor, Tract 8) Work Session
Minutes
A Community of Choice, Committed to Excellence
H. September 13, 2013 Special Meeting Minutes
I. November 7, 2013 Joint Meeting with the School Board
J. December 5, 2013 Special Meeting Minutes
6. Regional Reports
7. Appointments
A. Motion to Appoint Members of the Board of Assessors
B. Motion to Appoint Chris Smith Interim Representative to the
Tidewater EMS Council Board of Directors
8. Special Presentation/Appearances
A. Economic Development Activity Report
B. Entrepreneur of the Year (Danny Hughes, the Hughes Agency –
Insurance)
C. Transportation Matters – Joe Lomax, VDOT Resident Engineer
D. Animal Control Adoption Program
9. Citizens’ Comments
10. Public Hearings
A. Motion to Amend Comprehensive Plan to Allow Single Family
Homes/Commercial Uses (Archers Meade)
B. Motion to Authorize Rezoning to Allow Single Family
Homes/Commercial Uses (Archers Meade)
A Community of Choice, Committed to Excellence
C. Motion to Approve Change in Zoning Classification to Create Lot for
Existing Single Family Residential (Oliver)
D. Motion to Amend the County Code (Appendix B, Zoning) to Allow
for Exceptions to the Height Requirements for Fences or Walls for
Electrical Utility Stations or Substations; to Allow for Electronic
Message Board and Changeable Copy Signs; and to Allow for Towing
Service Storage Yards
11. County Administrator’s Report
A. Staff Report – County Bond Rating and Agency Feedback
B. Staff Report – Twice Per Year Personal Property Billing and Motion
to Authorize Staff to Implement Personal Property Billing Twice
Annually
C. Resolution to Amend County Policy Manual Annual Leave Accrual
and Payment Policy
D. Resolution to Approve Fire & Rescue Designated Emergency
Response Agency Standard
E. Motion to Deny Public Private Partnership Fee Waiver Request from
Rushmere Community Development Corporation
F. Staff Report – Convenience Center Hours Change
G. Staff Report – County Facility Space Changes
H. Staff Report – Tylers Beach Solutions/Strategies
12. Unfinished/Old Business
A. Motion – Adoption of County Branding/Logo
A Community of Choice, Committed to Excellence
B. Volunteer Fire and Rescue Facility Use Agreement Update
C. Motion to Authorize Fire & Rescue Vehicle Titling Agreement
13. New Business
14. Informational Items
A. Western Tidewater Health District Pilot Program – Business Hours
B. Social Services Monthly Report
C. Monthly Reports: Delinquent Tax Information and Statement of
Treasurer’s Accountability
D. Employee Recognition Event
E. Transportation Matters Quarterly Update
F. Blackwater Safety Review Update
G. Route 258 Safety Review Update
H. Central Hill Baptist Church Safety/Signage Review Update
15. Adjournment
June 19, 2014/MCP
ISSUE:
Motion to Approve Tax Refund for Hines Design Labs
BACKGROUND:
The Commissioner of the Revenue has confirmed that Hines
Design Labs is due a refund in an amount of $5,909.96 as a result
of property reassessment. In order to effectuate the refund, the
Board must authorize the County Attorney to consent to the
refund on behalf of the Board since the amount is above the
$2,500 threshold authorization granted to the County Attorney.
BUDGETARY IMPACT:
Approval of the request will result in a $5,909.96 decrease in tax
revenue.
RECOMMENDATION:
Authorize the County Attorney to consent to the refund of
$5,909.96 as requested by the Commissioner of the Revenue.
ATTACHMENTS:
Correspondence from the Commissioner of the Revenue to the
County Attorney
June 19, 2014/cbm/MotionTransferCapitalFunds
ISSUE:
Motion to Approve the Transfer of Capital Funds for Isle of Wight
Rescue Squad Medic Unit
BACKGROUND:
Funding in the amount of $220,000 was appropriated as part of the
FY 14’ Capital Budget for the replacement of a Windsor Volunteer
Rescue Squad medic unit. Subsequent to this appropriation, the Isle of
Wight Fire and Rescue Association held a meeting and voted to authorize
a request that the County transfer the funds from the Windsor Volunteer
Rescue Squad medic unit to the Isle of Wight Volunteer Rescue Squad for
a medic unit replacement.
BUDGETARY IMPACT:
There is no budget impact to transfer capital funds for the replacement of
a medic unit for the Isle of Wight Rescue Squad as approved by the
Volunteer Fire and Rescue Association.
RECOMMENDATION:
Approve the transfer of capital funds for the Isle of Wight Rescue Squad
Medic Unit.
ATTACHMENTS:
None
June 19, 2014/asc/Grant return Community Emergency Response Team (CERT)
ISSUE:
Resolution to Return State Homeland Security Grant Award for the Community
Emergency Response Team (CERT) Program
BACKGROUND:
The County has received a grant award from the 2013 State Homeland Security
Program (SHS) grant in the amount of $8,293 by the Virginia Department of
Emergency Management (VDEM) to purchase supplies and provide necessary
training and coordination to establish a Community Emergency Response Team
(CERT). The grant did not require a cash match from the county and no grant
funds have been expended.
The CERT Program was to be coordinated by the County’s Safety and Training
Coordinator and the initial goal was to identify and train 50 individuals for the
CERT Program during the upcoming year. With the recent resignation of the
Safety and Training Coordinator, there is no one on staff that has completed the
required CERT Coordinator Program and can readily step into the coordinator role.
Staff has reviewed the requirements of having another staff member certified and
the Emergency Services Department’s other required emergency management
tasks. At this time, staff does not feel that another staff member can be certified
and adequately accomplish the goals of the program by the end of the grant’s
obligation period. Additionally, due to current departmental staffing levels and
other higher priority items, staff has determined the establishment of a CERT
Program does not best serve the citizens of Isle of Wight County at this time.
BUDGET IMPACT:
None
RECOMMENDATION:
Adopt a resolution to return the grant award for the CERT Program.
ATTACHMENTS:
- Resolution
- Grant Award Letter
June 19, 2014/asc/Grant return Community Emergency Response Team (CERT)
RESOLUTION TO RETURN GRANT AWARD FOR THE COMMUNITY
EMERGENCY RESPONSE TEAM PROGRAM
WHEREAS, Isle of Wight County, Virginia has received a grant award in
the amount of $8,293 from the 2013 State Homeland Security Program (SHSP) by
the Virginia Department of Emergency Management (VDEM) to establish a
Community Emergency Response Team (CERT) Program; and,
WHEREAS, the grant did not require a local cash match and no grant funds
have been expended; and,
WHEREAS, due to current departmental staffing levels and other higher
priority items, staff has determined the establishment of a CERT Program does not
currently best serve the citizens of Isle of Wight County.
NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County
Board of Supervisors deems it appropriate to return the 2013 SHSP grant award for
the establishment of a CERT Program.
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 19th day of June, 2014.
Byron B. Bailey, Chairman
Carey Mills Storm, Clerk
Approved as to form:
Mark Popovich, County Attorney
ISSUE:
Resolution to Recognize Parks and Recreation Month in July
BACKGROUND:
In July, during Park and Recreation Month, Parks and Recreation staff
will be encouraging the citizens of Isle of Wight to set new trends in
our community – what is OUT is IN! It is staff’s hope to make 2014
the year people go outside, change their outlook, get involved in their
community through parks and recreation and so much more.
July is the month for Isle of Wight citizens to see how parks and
recreation can help improve their lives – from health and wellness to
nature to community spirit. Staff will be asking citizens to take
pictures or videos with the attached poster showing America how they
are getting out or in with parks and recreation. People can post their
photos and videos to the Parks and Recreation social media sites.
Photos will be highlighted on the National Recreation and Park
Association’s Facebook page @National Recreation and Park
Association.
BUDGETARY IMPACT:
There is no direct budgetary impact.
RECOMMENDATION:
Adopt a resolution.
ATTACHMENT:
- Resolution
- Poster
RESOLUTION TO DESIGNATE JULY AS PARKS AND
RECREATION MONTH
WHEREAS, parks and recreation programs are an integral part
of communities throughout this country, including Isle of Wight
County, Virginia; and,
WHEREAS, parks and recreation programs are vitally important
to establishing and maintaining the quality of life in our communities,
ensuring the health of all citizens, and contributing to the economic and
environmental well-being of a community and region; and,
WHEREAS, parks and recreation programs build healthy, active
communities that aid in the prevention of chronic disease, provide
therapeutic recreation services for those who are mentally or physically
disabled, and also improve the mental and emotional health of all
citizens; and,
WHEREAS, parks and recreation programs increase a
community’s economic prosperity through increased property values,
expansion of the local tax base, increased tourism, the attraction and
retention of businesses, and crime reduction; and,
WHEREAS, parks and recreation areas are fundamental to the
environmental well-being of our community; and,
WHEREAS, parks and natural recreation areas improve water
quality, protect groundwater, prevent flooding, improve the quality of
the air we breathe, provide vegetative buffers to development, and
produce habitat for wildlife; and,
WHEREAS, our parks and natural recreation areas ensure the
ecological beauty of our community and provide a place for children
and adults to connect with nature and recreate outdoors; and,
WHEREAS, the U.S. House of Representatives has designated
July as Parks and Recreation Month; and
WHEREAS, Isle of Wight County recognizes the benefits
derived from parks and recreation resources.
NOW THEREFORE, BE IT RESOLVED by the Board of
Supervisors of the County of Isle of Wight that July is recognized as
Parks and Recreation Month in the County of Isle of Wight.
Adopted this 19th day of June 2014.
Byron Bailey, Chairman
Carey Mills Storm, Clerk
Approved as to form:
Mark Popovich, County Attorney
WWW.NRPA.ORG/JULY#JULYOUTISIN
ISSUE:
Resolution to Adopt the FY 2014-2015 Position Classification
and Compensation Plan
BACKGROUND:
In accordance with Chapter 1: Personnel, Article II, Position
Classification Plan and Article III, Compensation Plan of the
County Policy Manual, the County shall prepare and maintain a
Position Classification and Compensation Plan containing the
Salary Schedule and Schematic List of Classes assigned to salary
grades. The Position Classification and Compensation Plan
require updates to reflect new class titles, the abolishment of
class titles, and the salary schedule and schematic list of classes
assigned to salary grades consistent with the adopted FY 2014-
2015 Operating Budget.
BUDGETARY IMPACT:
There is no budgetary impact.
RECOMMENDATION:
Adopt a Resolution to Approve the FY 2014-2015 Position
Classification and Compensation Plan.
ATTACHMENTS:
- Resolution
- Proposed FY 2014-2015 Position Classification and
Compensation Plan
RESOLUTION TO ADOPT THE FY 2014–2015 POSITION
CLASSIFICATION AND COMPENSATION PLAN
WHEREAS, the Board of Supervisors has approved the FY 2014-2015
Annual Operating Budget; and,
WHEREAS, in accordance with County Policy (Chapter 1: Personnel,
Article II, Position Classification Plan and Article III, Compensation Plan),
the Position Classification and Compensation Plan containing the Salary
Schedule and Schematic List of Classes assigned to Salary Grades has been
prepared in accordance with the Approved FY 2014-2015 Annual Operating
Budget; and,
WHEREAS, the FY 2014-2015 Position Classification and
Compensation Plan has been recommended to the Board of Supervisors for
approval and adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors
of the County of Isle of Wight, Virginia that the FY 2014-2015 Position
Classification and Compensation Plan is hereby adopted and shall remain in
effect until amended by the Board.
Adopted this 19th day of June, 2014.
Byron B. Bailey, Chairman
__________________________
Carey Mills Storm, Clerk
Approved as to Form:
Mark C. Popovich, County Attorney
ISSUE:
Resolution of Concurrence with the Isle of Wight County School
Board to Pay the Virginia Retirement Service (VRS) Board
Certified Rate
BACKGROUND:
Pursuant to Item 468 of the 2014 Appropriations Act of the
Commonwealth of Virginia, local public school divisions must
receive the concurrence of the local governing body prior to
electing to utilize the employer contribution rates certified by the
Virginia Retirement System (VRS) Board of Trustees.
The VRS contribution rate elected by Isle of Wight County
Schools is provided in the attached resolution adopted by the
School Board.
BUDGETARY IMPACT:
There is no budgetary impact.
RECOMMENDATION:
Adopt the attached resolution.
ATTACHMENTS:
- Resolution
- School Board Resolution Certifying Elected VRS Rate
A RESOLUTION OF CONCURRENCE WITH THE ISLE OF WIGHT COUNTY
SCHOOL BOARD TO PAY THE VIRGINIA RETIREMENT SERVICE BOARD-
CERTIFIED RATE
BE IT RESOLVED, that the County of Isle of Wight 55146, does hereby
acknowledge that the School Board of Isle of Wight County has made the election for its
contribution rate to be based on the employer contribution rates certified by the Virginia
Retirement System Board of Trustees pursuant to Virginia Code § 51.1-145(I) resulting
from the June 30, 2013 actuarial value of assets and liabilities (the “Certified Rate”); and
BE IT ALSO RESOLVED, that the County of Isle of Wight 55146 does hereby
certify to the Virginia Retirement System Board of Trustees that it concurs with the election
of the School Board of Isle of Wight County to pay the Certified Rate, as required by Item
468(H) of the 2014 Appropriations Act; and
NOW, THEREFORE, the officers of the County of Isle of Wight 55146 are hereby
authorized and directed in the name of the County of Isle of Wight to execute any required
contract to carry out the provisions of this resolution. In execution of any such contract
which may be required, the seal of the County of Isle of Wight, as appropriate, shall be
affixed and attested by the Clerk.
Byron B. Bailey, Chairman
CERTIFICATE
I,________________________, Clerk of Isle of Wight County Board of Supervisors,
certify that the foregoing is a true and correct copy of a resolution by the Isle of Wight
County Board of Supervisors and ratified by the Isle of Wight County Board of Supervisors
at a lawfully organized meeting of the Isle of Wight County Board of Supervisors held at
Isle of Wight County, Virginia at ________o’clock on _________ ____, 2014. Given under
my hand and seal of the Isle of Wight County this ____ day of _________, 2014.
Carey Mills-Storm, Clerk
Approved as to form:
Mark C. Popovich, County Attorney
RESOLUTION
BE IT RESOLVED, that the School Board of Isle of Wight County 55546, does hereby
acknowledge that its contribution rates effective July 1, 2014 shall be based on the higher of a) the
contribution rate in effect for FY 2014, or b) eighty percent of the results of June 30, 2013 actuarial valuation
of assets and liabilities as approved by the Virginia Retirement System Board of Trustees for the 2014-15
biennium (the “Alternative Rate”) provided that at its option, the contribution rate may be based on the
employer contribution rates certified by the Virginia Retirement System Board of Trustees pursuant to
Virginia Code § 51.1-145(I) resulting from the June 30, 2013 actuarial value of assets and liabilities (the
“Certified Rate”); and
BE IT ALSO RESOLVED, that the Isle of Wight County School Division 55546 does hereby
certify to the Virginia Retirement System Board of Trustees that it elects to pay the following contribution
rate effective July 1, 2014:
(Check only one box)
The Certified Rate of 8.65%
The Alternative Rate of 9.12% ; and
BE IT ALSO RESOLVED, that the School Board of Isle of Wight County 55546 does hereby
certify to the Virginia Retirement System Board of Trustees that it has reviewed and understands the
information provided by the Virginia Retirement System outlining the potential future implications of any
election made under the provision of this resolution; and
NOW, THEREFORE, the officers of The School Board of Isle of Wight County 55546 are
hereby authorized and directed in the name of the School Board of Isle of Wight County to carry out the
provisions of this resolution, and said officers of the School Board of Isle of Wight County are authorized and
directed to pay over to the Treasure of Virginia from time to time such sums as are due to be paid by the
School Board of Isle of Wight County for this purpose.
___________________________
School Division Chairman
CERTIFICATE
I,________________________, Clerk of the School Board of Isle of Wight County, certify that the foregoing
is a true and correct copy of a resolution passed at a lawfully organized meeting of the School Board of Isle of
Wight County held at _______________, Virginia at _________ o’clock on _______________, 2014. Given
under my hand and seal of the School Board of Isle of Wight County this _____ day of ________, 2014.
___________________________
Clerk
1
WORK SESSION OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE TWENTIETH DAY OF AUGUST IN THE
YEAR TWO THOUSAND AND THIRTEEN AT 6:30 P.M. IN THE
ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE
PRESENT: JoAnn W. Hall, Chairman
Byron B. Bailey, Vice-Chairman
Delores C. Darden
Alan E. Casteen
ABSENT: Rex W. Alphin
Also Attending: Carey Mills Storm, Clerk
At 6:30 p.m., the work session was called to order by Chairman Hall
for the purpose of discussing traffic impacts associated with the Breeden
Company’s application to rezone part of Tract 8 in Eagle Harbor.
Matt Smolnik, Assistant Director of Planning and Zoning, advised the
Board that responsive to discussion at its July 18, 2013 meeting, the applicant
has submitted a signal warrant analysis for the Northgate Drive/Carrollton
Boulevard intersection, a revised preliminary layout providing for additional
full movement intersection onto Smith’s Neck Road at the northeast corner of
the parcel and a revised proffer statement. He stated with regard to the signal
warrant analysis, existing conditions do not warrant a signal at Northgate
Drive/Carrollton Boulevard. He stated responsive to a revised preliminary
layout being forwarded to VDOT for its review and new access points, it will
be permitted, however the additional access plan would create multiple points
of conflicts and VDOT recommended that the Traffic Impact Analysis be
corrected. He advised that the proffer statement has been revised and staff
has a copy of the signed Statement.
Beverly H. Walkup, Director of Planning and Zoning, noted that the
Planning Commission is recommending to the Board as the County’s future
policy that applicants offer adequate cash proffers.
2
Jason Powell, Virginia Department of Transportation, advised that
VDOT has reviewed the plan based on feedback from the residents and
moved the ingress/egress location in the apartment area and included certain
berms in hopes of making it a more agreeable project.
Derrick Jenkins of 22289 North Gate Drive expressed concern with
increased traffic and additional crime from 90 + additional homes being built.
At 7:45 p.m., Chairman Hall declared the work session adjourned, not
that the application will be considered by the Board at its next regular
meeting.
__________________________
Byron B. Bailey, Chairman
______________________
Carey Mills Storm, Clerk
1
SPECIAL MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE THIRTEENTH DAY OF SEPTEMBER IN
THE YEAR TWO THOUSAND AND THIRTEEN AT 9:00 A.M. AT
SMITHFIELD STATION
PRESENT: JoAnn W. Hall, Chairman, Hardy District
Byron B. Bailey, Newport District
Rex W. Alphin, Carrsville District
Delores C. Darden, Windsor District
Alan E. Casteen, Smithfield District
Also Attending: Brandy B. Day, Director of Human Resources
Chairman Hall called the special meeting to order at 9:00 a.m. on
Friday, September 13, 2013 at Smithfield Station for the purpose of
interviewing two (2) individuals for the position of County Administrator.
Supervisor Darden moved that the Board enter a closed meeting. The
motion was adopted by a vote of (5-0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Darden moved that the Board return to open meeting. The
motion was adopted by a vote of (5-0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Darden moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
2
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bailey, Darden, Hall, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
//
At 11:00 a.m., Chairman Hall declared a break and the Board returned
to open meeting at 1:00 p.m.
//
Supervisor Darden moved that the Board enter a closed meeting for the
purpose of interviewing a second individual for the position of County
Administrator. The motion was adopted by a vote of (5-0) with Supervisors
Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and
no Supervisors voting against the motion.
Supervisor Darden moved that the Board return to open meeting. The
motion was adopted by a vote of (5-0) with Supervisors Casteen, Darden,
3
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Darden moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bailey, Darden, Hall, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
Supervisor Bailey moved that the selected candidate be hired as the
County Administrator. The motion was adopted by a vote of (5-0) with
Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the
motion and no Supervisors voting against the motion.
4
//
At 4:00 p.m., Chairman Hall declared the special meeting adjourned.
__________________________
Byron B. Bailey, Chairman
_____________________
Carey Mills Storm, Clerk
1
SPECIAL MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE SEVENTH DAY OF NOVEMBER IN THE
YEAR TWO THOUSAND AND THIRTEEN AT 9:00 A.M. IN THE
ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT
COUNTY COURTHOUSE
PRESENT: JoAnn W. Hall, Chairman
Byron B. Bailey
Rex W. Alphin
Delores M. Darden
Alan E. Casteen
Also Attending: Anne F. Seward, County Administrator
Carey Mills Storm, Clerk
Chairman Hall called the special meeting to order at 9:00 a.m. for the
purpose of conducting a joint meeting with the School Board concerning the
Capital Improvements Plan.
//
School Board Chairman Eley relayed the School’s need for an
improved central garage, additional buses and maintenance of existing school
facilities.
School Board member Herb DeGroft commented on the importance of
a centralized garage which could also be utilized by the Towns of Smithfield
and Windsor.
School Board member Denise Tynes also commented on the cost
savings that could be realized if there was one (1) centralized transportation
facility which was shared by the County, Schools and the Towns of
Smithfield and Windsor. She recommended the development of a long-term
plan to replace Hardy Elementary School.
Supervisor Darden moved that staff be directed to form a committee
charged with developing a study for review of the feasibility of an internal
2
central garage for use by the Schools, County and the Towns of Smithfield
and Windsor after January 2014. The motion was adopted by a vote of (5-0)
with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of
the motion and no Supervisors voting against the motion.
Under the issue of Parks and Recreation fees, the Board was advised by
School Superintendent Perera that the cost associated with allowing the
YMCA before and after-school day care to be run annually in school
facilities is $191,794. The request is for compensation for what it costs the
schools to operate the building for these programs and that currently there is
not a line item in the School’s budget for that service.
County Administrator Seward stated that cost allocation plans could be
developed administratively during the budget process to demonstrate how
much of every tax dollar goes to education and how much goes to parks and
recreation.
Regarding shared services, School Board member Herb DeGroft
recommended that the Schools and County share a Central Insurance Benefits
Coordinator and Administrator.
//
Chairman Hall declared a break.
Upon the Board returning to open meeting, County Attorney Popovich
formally introduced Brandi Baker Mack, his new Legal Assistant, to the
Board.
//
David Rose and Jimmy Sanderson, Davenport and Company, provided
a timetable and approach for revisiting the County’s capital funding policies
and practices with a goal of providing capital for the General Fund and
Utility Fund and with the Utility Fund becoming self supporting; to continue
to identify refundings and maintaining or enhancing the County’s strong
investment ratings. He advised that the County, in 2014, did a limited
3
refinancing and a $2.1 reissuance which saved the County $840,000. He
addressed the need to make up the County’s $1.2 million gap and all three (3)
of the County’s credit rating agencies were visited, two (2) of which
reaffirmed the County’s AA rating. He recommended a total review of the
County’s financial policy guidelines.
//
County Attorney Popovich requested a closed meeting pursuant to
Section 2.2-3711.A.1 and A.7 of the Freedom of Information Act concerning
consultation with legal counsel requiring the provision of legal advice
pertaining to a specific legal matter requiring the provision of legal advice
regarding the performance of a specific public appointee.
Supervisor Alphin moved that the Board enter the closed meeting for
the reason stated by the County Attorney. The motion was adopted by a vote
of (5-0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in
favor of the motion and no Supervisors voting against the motion.
Supervisor Casteen moved that the Board return to open meeting. The
motion was adopted by a vote of (5-0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Darden moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on
this date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712.D of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
4
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were identified
in the motion convening the closed meeting were heard, discussed or
considered by the Board of Supervisors.
VOTE
AYES: Bailey, Darden, Hall, Alphin and Casteen
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
//
Supervisor Alphin moved to direct staff to provide ordinance updates
for the next meeting. The motion was adopted by a vote of (5-0) with
Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the
motion and no Supervisors voting against the motion.
//
At 12:00 p.m., Chairman Hall declared the joint meeting adjourned.
__________________________
Byron B. Bailey, Chairman
5
______________________
Carey Mills Storm, Clerk
1
SPECIAL MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD THE FIFTH DAY OF DECEMBER IN THE YEAR
TWO THOUSAND AND THIRTEEN AT 5:00 P.M. IN THE ROBERT C.
CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY
COURTHOUSE
PRESENT: JoAnn W. Hall, Chairman, Hardy District
Byron B. Bailey, Newport District
Rex W. Alphin, Carrsville District
Delores C. Darden, Windsor District
Alan E. Casteen, Smithfield District
Also Attending: Mark C. Popovich, County Attorney
W. Douglas Caskey, County Administrator
Carey Mills Storm, Clerk
At 5:00 p.m., Chairman Hall called the special meeting to order.
//
Mr. Chris Pomeroy, Esquire, Member and President of AquaLaw,
briefed the Board on the regulatory requirements associated with the
Stormwater Management Program.
Ms. Whitney Katchmark, Principle Planner, Hampton Roads Planning
District Commission, summarized what is going on in the region and how the
County compares with those surrounding localities.
Frank Haltom, Director of General Services, reviewed the requirements
and mandates; actions taken to date; actions in progress; and, actions
remaining in association with the Stormwater Management Program.
//
Rusty Chase, Chief of Emergency Services, briefed the Board on
recommended steps associated with the County’s fire and rescue action plan.
2
Supervisor Darden moved that staff be directed to work with the Fire
and Rescue Association to implement the recommended action plan. The
motion was adopted by a vote of (5-0) with Supervisors Casteen, Darden,
Bailey, Hall and Alphin voting in favor of the motion and no Supervisors
voting against the motion.
//
At 7:15 p.m., Chairman Hall declared the special meeting adjourned.
__________________________
Byron B. Bailey, Chairman
______________________
Carey Mills Storm, Clerk
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
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June 19, 2014/gg‐cbm/BrdofAssessors Appointments
ISSUE:
Motion to Appoint Members to the Isle of Wight County Board
of Assessors
BACKGROUND:
The Board of Assessors governs the General Reassessment of
Real Estate for the County. The Board of Assessors establishes
policy and assessment rates for the reassessment. This board
oversees the general contractor conducting the reassessment and
participates in field reviews of properties. Public hearings are
held at the end of the reassessment process for taxpayers to
appeal their new assessment. The Board of Assessors hears all
appeals and makes determination based on information provided
by the taxpayer in the appeal. At the conclusion of the public
hearings, the Board of Assessors certifies the new values when
they sign the Reassessment Land Book
RECOMMENDATION:
Adopt a motion to appoint members of the Board of Assessors.
ATTACHMENTS:
None
June 19, 2014/asc/Interim Appointment tot eh TEMS Board of Directors
ISSUE:
Motion to Appoint Chris Smith as Interim Representative to the
Tidewater EMS Council Board of Directors
BACKGROUND:
Rusty Chase previously served as the County’s voting
representative on the Tidewater EMS Council Board of Directors;
however, with Chief Chase’s retirement, the seat is currently
vacant. The Chief of Emergency Services position vacancy has
been posted, but a new Chief has not yet been selected. In the
interim, staff requests that Chris Smith, Department of
Emergency Services Fire Fighter/Medic, be appointed to the
Tidewater EMS Council Board of Directors. Mr. Smith currently
represents the County on a number of Tidewater EMS
Committees.
RECOMMENDATION:
Adopt a motion to appoint Chris Smith as the County’s interim
representative to the Tidewater EMS Council Board of Directors.
ATTACHMENTS:
None
June 19, 2014/ltp/
ISSUE:
Special Presentation – Economic Development Activity Report
BACKGROUND:
The Director of Economic Development will present a summary update
of economic development activity in the County, to include
presentation of the 2013 Annual Report.
BUDGETARY IMPACT:
None
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS:
None
June 19, 2014/ltp/Entrepreneur of the Year
ISSUE:
Special Presentation - Entrepreneur of the Year Award
BACKGROUND:
In conjunction with the Commonwealth’s annual Business
Appreciation Celebration, which takes places the entire month of June
this year, the Department of Economic Development is pleased to
announce the County’s 2014 Entrepreneur of the Year, Danny Hughes
with The Hughes Agency in Smithfield.
Staff will introduce the recipient and will furnish a framed certificate
for Chairman Bailey to present to Mr. Hughes.
BUDGETARY IMPACT:
None
RECOMMENDATION:
Present a certificate to The Hughes Agency.
ATTACHMENTS:
None
June 19, 2014/jlo/ VDOT Presentation-Franklin Residency Maintenance Update
ISSUE:
Transportation Matters – VDOT Resident Engineer
BACKGROUND:
Joe Lomax, Franklin Residency Administrator, will present
maintenance updates for roadways in Isle of Wight County, including
paving, mowing, and ditch maintenance.
BUGETARY IMPACT:
None
RECOMMENDATION:
For the Board’s information.
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
June 19, 2014 / MJS / Archers Meade Comprehensive Plan Land Use amendment application
ISSUE:
Motion to Amend Comprehensive Plan to Allow Single Family
Homes/Commercial Uses for Archers Meade
BACKGROUND:
The project is located on the east side of Carrollton Boulevard (Route 17),
approximately 2,000 feet north of Omera Drive. The parcels are
comprised of an open field and wooded land and are currently zoned
Rural Agricultural Conservation (RAC).
The owners request that the Comprehensive Plan Land Use Designation
be changed for approximately 4.36 acres (tax map parcel 34-01-066) from
Suburban Estate to Suburban Residential, 0.7 acres (tax map parcel 34-
01-053) from Suburban Estate to Business & Employment and 2.6 acres
(portions of tax map parcels 34-01-050B and 34-01-055) from Suburban
Residential to Business and Employment. If the Comprehensive Plan
amendments are approved, this area, combined with approximately 16.67
acres of land that was previously approved by the Board of Supervisors
for a change in Land Use designation from Suburban Estate to Suburban
Residential would be designated for up to 70 single family detached units
and up to 20,000 square feet of commercial development after the proper
rezoning approval. The complementary rezoning application for the entire
acreage, which is also scheduled for a public hearing on June 19, 2014,
includes a conceptual master plan, which identifies the vehicular
connection between Carrollton Boulevard and Channell Way, along with
proffered conditions for the proposed development.
Contingent upon approval of the Comprehensive Plan amendment,
development of the property will also require rezoning approval,
construction plan / plat approval, and site plan approval.
Strengths
1) The conceptual master plan with the associated rezoning application
provides an opportunity for connectivity with adjacent sites in
June 19, 2014 / MJS / Archers Meade Comprehensive Plan Land Use amendment application
accordance with the design character stated in the Comprehensive Plan
and on the Route 17 Corridor Master Plan.
2) The change in land use is compatible with adjacent Mixed Use and
Suburban Residential land use designations on either side of the
subject property.
3) Subject to the approval of this application, the Archers Meade project
is consistent with the Suburban Residential and Business and
Employment future land use designations.
4) The project is located within the Newport Development Service
District where future growth is expected to occur.
5) The project will be served by public water and sewer.
Weaknesses
None identified at this time.
RECOMMENDATION:
Staff recommends that the Board of Supervisors approve the
Comprehensive Plan Land Use amendment application as submitted.
At its May 27, 2014 meeting, the Planning Commission recommended
approval of the application by a vote of 7-1.
ATTACHMENTS:
- Staff report from the May 27, 2014 Planning Commission meeting
- Application
- Conceptual layout
- Location map
June 19, 2014 / MJS / Archers Meade rezoning application
ISSUE:
Motion to Authorize Change in Zoning to Allow Single Family
Homes/Commercial Uses for Archers Meade
BACKGROUND:
The project is located on the east side of Carrollton Boulevard (Route
17), approximately 2,000 feet north of Omera Drive. The site consists
of a single family dwelling, open fields and wooded land. Six (6) of
the parcels associated with this application, 34-01-055, 34-01-066, 34-
01-085, 34-01-086, 34-01-086A & 34-01-087, are currently zoned
Rural Agricultural Conservation (RAC), while a portion of one (1)
parcel, 34-01-050B is currently zoned Conditional – Limited Industrial,
which was rezoned on April 20, 1995 for a small scale industrial park.
The current project proposes to construct up to 70 single-family
detached dwellings units and up to 20,000 square feet of commercial
development. Two access points are proposed for the development, one
along Carrollton Boulevard (Route 17) and one along Channell Way
(Route 633). The owners have proffered to make roadway
improvements to Route 17 as outlined in the proffer statement and have
also proffered to construct a 10’ multi-use pathway along the frontage
of Route 17. The site will be served by public water and sewer.
RECOMMENDATION:
Staff recommends that the Board of Supervisors approve the rezoning
application as submitted. At its May 27, 2014 meeting, the Planning
Commission recommended denial of the rezoning application by a vote
of 6-2.
ATTACHMENTS:
- Staff report from the May 27, 2014 Planning Commission meeting
- Application
June 19, 2014 / MJS / Archers Meade rezoning application
- Conceptual layout
- Proffer statement
- Community Impact Statement
- Fiscal Impact Study
- Major Water Quality Impact Assessment
- Traffic Impact Assessment
- Location map
June 19, 2014 / SWR / Oliver Rezoning Application
APPLICATION:
Motion to Approve Change in Zoning Classification to Create Lot for
Existing Single Family Residence (Oliver)
BACKGROUND:
The application request is for the creation of one (1) single-family
residential lot containing approximately two (2) acres, leaving a residue
of approximately one hundred seven and one-half (107.5) acres of land.
The owner has chosen the sliding scale option for development under the
Rural Residential (RR) District so that the lot can be subdivided from the
farm and sold. This is one (1) of three (3) residential lots allowed to be
created under the sliding scale option.
The application also includes a request for a waiver to Section 4-3004 of
the Zoning Ordinance to allow public road frontage due to the existing
driveway entrance onto Longview Drive, and a request to remove the
proposed lot from the Longview Agricultural Forestal District.
The Longview Agricultural Forestal District, which was originally
created in 1979 for a period of eight (8) years and subsequently renewed
every ten (10) years, as set forth in the Code of Virginia, following a
review and recommendation to the Board of Supervisors by the County’s
Agricultural/Forestal Advisory Committee and the Isle of Wight County
Planning Commission. The District contains a total of 8,318.74 05 acres
and has an expiration date of June 21, 2015.
Strengths: 1) The proposal is in accordance with all County Codes and
Ordinances and is compatible with the existing land uses in the vicinity;
2) The proposal is within the guidelines of the Comprehensive Land Use
Plan.
Weaknesses: 1) None determined at this time.
RECOMMENDATION:
Staff recommends approval of the request to remove the two (2) acres
from the Longview Agricultural Forestal District, approval of a waiver to
Section 4-3004 of the Zoning Ordinance and approval of the rezoning
June 19, 2014 / SWR / Oliver Rezoning Application
application.
The Agricultural/Forestal District Advisory Council met on May 7, 2014
to consider the owner’s request to withdraw the proposed lot from the
Longview Agricultural/Forestal District and the Committee voted to
recommend approval of the request, upon rezoning of the property.
At its May 27, 2014 meeting, the Planning Commission recommended
approval of the request to withdraw of the two (2) acres from the
Longview Agricultural Forestal District, approval of the waiver and
approval of the rezoning application.
ATTACHMENTS:
- Staff report from the May 27, 2014 Planning Commission meeting
- Application
- Site maps
ISSUE:
Public Hearing to Amend the County Code (Appendix B, Zoning) to
Allow for Exceptions to the Height Requirements for Fences or Walls
for Electrical Utility Stations or Substations; to Allow for Electronic
Message Board and Changeable Copy Signs; and to Allow for Towing
Service Storage Yards
BACKGROUND:
Several revisions to the Zoning Ordinance are being proposed by staff
to address issues that have arisen in the development community.
Specifically, the revisions will allow for an exemption to the height
requirements, with Zoning Administrator approval, for utility stations
and substations; an update of the sign provisions to allow for new
technology with digital signs; and will provide for the storage of cars in
conjunction with tow service operations.
RECOMMENDATION:
Staff recommends the amendments as presented.
The Planning Commission held a public hearing on the amendments on
May 27, 2014 and voted to recommend approval of the amendments to
the Board of Supervisors (8-0).
ATTACHMENTS:
- Report from the May 27, 2014 Planning Commission Meeting
- Ordinance Amendment redlined versions
- Ordinance Amendment final form version
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND
REENACTING APPENDIX B, ZONING, SECTION 5-2000 TO
ALLOW FOR EXCEPTIONS TO THE HEIGHT REQUIREMENTS
FOR FENCES OR WALLS FOR ELECTRICAL UTILITY STATIONS
OR SUBSTATIONS; SECTIONS 2-1002, 9-1005, 9-1006, AND 9-1009
TO ALLOW FOR ELECTRONIC MESSAGE BOARD AND
CHANGEABLE COPY SIGNS; SECTIONS 3-6000, 3-7000, 4-11003,
4-12003 AND 5-5006 TO ALLOW FOR TOWING SERVICE
STORAGE YARDS
WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the
legislative authority to make reasonable changes to the ordinances that govern the orderly growth
and development of Isle of Wight County; and
WHEREAS, the Isle of Wight County Board of Supervisors is also concerned about the
compatibility of uses on public and private lands within Isle of Wight County and seeks to allow
flexibility in the administration of the ordinance regulations while protecting the health, safety,
and general welfare of present and future residents and businesses of the County.
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors that Appendix B, Zoning, Section 2-1002 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/100-year flood.\ A flood that, on the average, is likely to occur once every one hundred
(100) years (i.e., that has a one percent (1%) chance of occurring each year, although the flood may
occur in any year).
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.
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 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.
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 is shown both the
special hazard areas and the risk premium zones applicable to the community.
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).
Floodproof.\ A construction method designed to ensure that all parts of a structure or facility located
below the base flood elevation are watertight with walls impermeable to the passage of water and with
structural components having the capability of withstanding hydrostatic and hydrodynamic loads and the
effects of buoyancy.
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.
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.
Historic landmark/area.\ 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 certified and/or as listed in the county's comprehensive plan.
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.
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.
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) or
after December 31, 1974, whichever is later, 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.
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.\ 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.
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. The term does not, however, include either any project
for improvement of a structure to comply with existing state or local health, sanitary or safety code
specifications or any alteration of a "historic structure," provided that the alteration will not preclude the
structure's continued designation as a "historic 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.
Video arcade.\ See "commercial indoor amusement" listed under commercial use types.
Vehicle.\ See "motor vehicle."
Vehicle moving area.\ Any area on a site where vehicles park or drive.
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, Section 3-6000 of the Isle of Wight County Code
be amended and reenacted as follows:
Sec. 3-6000. Commercial use types.
Adult entertainment establishment.\ An establishment having a substantial or significant portion of its
stock in trade books, magazines and other periodicals which are distinguished or characterized by their
emphasis on matter depicting, describing or related to "specified sexual activities" or "specified
anatomical areas," or an establishment with a segment or section devoted to the sale or display of such
material. This use includes any adult bookstore, adult mini-motion-picture theater, adult picture theater,
cabaret, massage parlor, drug paraphernalia store, or tattoo parlor.
Agricultural service.\ An establishment primarily engaged in providing services specifically to the
agricultural community which is not directly associated with a farm operation. Included in this use type
would be servicing of agricultural equipment, independent equipment operators, and other related
agricultural services.
Antique shop.\ A place offering primarily antiques for sale. An antique for the purposes of this
ordinance shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the
past, at least thirty (30) years old.
Auction establishment.\ A structure or enclosure where goods and/or livestock are sold by auction.
Bed and breakfast.\ A dwelling or portion thereof, in which lodging is provided by the owner or
operator who resides on the premises. This use offers short-term lodging rooms and meals for transient
guests, none of who remain for more than fourteen (14) consecutive nights each. This definition shall
include the term tourist home.
Boarding house.\ A single-family dwelling unit, or part thereof, with three (3) or more rooms that are
rented individually or collectively by long-term residents (at least month-to-month tenants) as opposed to
overnight or weekly guests. A boarding house may make provisions for serving meals.
Boat repair yard.\ See "marina" listed under commercial use types.
Business support service.\ Establishment or place of business engaged in the sale, rental or repair of
office equipment, supplies and materials, or the provision of services used by office, professional and
service establishments. Typical uses include office equipment and supply firms, small business machine
repair shops, convenience printing and copying establishments, mail and packaging stores, as well as
temporary labor services.
Business or trade school.\ A use providing education or training in business, commerce, language, or
other similar activity or occupational pursuit, and not otherwise defined as an educational facility, either
primary and secondary, or college and university, or as a home occupation.
Campground.\ Any site, lot, parcel or tract of land on which accommodations for temporary
occupancy are located or may be placed, including cabins, tents, and recreational equipment,
recreational vehicles, and which is primarily used for recreational purposes and retains an open air or
natural character.
Car wash.\ Washing and cleaning of vehicles. Typical uses include automatic conveyor machines
and self-service car washes.
Commercial indoor amusement.\ Establishments which provide games of chance, skill or scoring as
other than an incidental use of the premises. Games would include pinball and video machines, pool and
billiard tables and other similar amusement or entertainment devices, whether or not they are coin-
operated, and also card games, bingo, and off-track betting. Typical uses include game rooms, pool halls,
video arcades, and bingo parlors.
Commercial indoor entertainment.\ Predominantly spectator uses conducted within an enclosed
building. Typical uses include motion picture theaters, drama theaters, concert or music halls.
Commercial indoor sports and recreation.\ Predominantly participant uses conducted within an
enclosed building. Typical uses include bowling alleys, ice and roller skating rinks, indoor racquetball,
squash courts, swimming, and/or tennis facilities, archery and indoor shooting ranges and similar uses.
Commercial outdoor entertainment/sports and recreation.\ Predominantly spectator uses conducted
in open or partially enclosed or screened facilities. Typical uses include motor vehicle, boat, motorcycle or
animal racing facilities/complexes, drive-in movies, miniature golf, amphitheaters and outdoor amusement
parks, motorized cart and motorcycle tracks, and motorized model airplane flying facilities. Professional
and semi-professional athletic fields shall also be included in this use.
Commercial outdoor swimming pool and tennis facility.\ Outdoor pools or tennis facilities operated by
a commercial entity that are open to the general public usually requiring membership or some form of
payment.
Construction office, temporary.\ A trailer used as a temporary office during a construction operation.
This use includes construction office trailers occupied in conjunction with residential or nonresidential
development.
Construction sales and service.\ Establishments or places of business primarily engaged in retail or
wholesale sale, from the premises, of materials used in the construction of buildings or other structures,
but specifically excluding motor vehicle or equipment supplies otherwise classified herein. Typical uses
include building material stores and home supply establishments.
Contractor office and storage facility.\ An establishment or place of business engaged in the
construction of residential or commercial structures including trades that assist in building construction or
remodeling including carpentry, electrical, masonry, painting, metalworking, flooring installation, ductwork,
plumbing, heating, air conditioning, roofing, and other similar trades.
Convenience store.\ Establishments primarily engaged in the provision of frequently or recurrently
needed goods for household consumption, such as prepackaged food and beverages, limited household
supplies and hardware.
Crematorium.\ A location used for cremation containing properly installed, certified apparatus for this
process.
Dance hall.\ Any establishment open to the general public where dancing is permitted and a cover
charge is directly or indirectly required for entry into the establishment. However, a restaurant licensed to
serve food and beverages having a dance floor with an area not exceeding ten (10) percent of the total
floor area of the establishment shall not be considered a dance hall.
Equipment sales and rental.\ Establishments primarily engaged in the sale or rental of tools, trucks,
tractors, construction equipment, and similar industrial equipment. Included in this use type is the
incidental storage, maintenance, and servicing of such equipment.
Flea market.\ Occasional or periodic commercial activities held in an open area or enclosed structure
where groups of sellers rent space on a short-term basis to display, barter, or sell goods to the general
public. A fee may be charged for expected buyers for admission, or a fee may be charged for the privilege
of offering or displaying such merchandise. A flea market is composed of semi-closed or outdoor stalls,
stands, or spaces.
Funeral home.\ Establishments engaged in undertaking services such as preparing the dead for
burial, and arranging and managing funerals. This use excludes crematorium, which is defined
separately.
Garden center.\ Establishments engaged primarily in the retail sale of trees, shrubs, seeds,
fertilizers, pesticides, plants, plant materials, and garden supplies, primarily for agricultural, residential
and commercial consumers.
Gasoline station.\ A facility for the retail sale of motor vehicle fuels, oils, and accessories, where
repair is incidental, where no more than two (2) abandoned vehicles or other motor vehicles shall be
stored on the premises. May include the sale of propane or kerosene as an accessory use.
Golf course.\ A tract of land for playing golf, improved with tees, greens, fairways, hazards, and
which may include clubhouses and shelters. Included would be executive or par three (3) golf courses.
Golf driving range.\ A limited area on which golf players do not walk, but onto which they drive golf
balls from a common driving tee.
Hospital.\ A building or group of buildings having room facilities for one (1) or more patients, used for
providing services for the inpatient medical or surgical care of sick or injured humans and which may
include related facilities such as laboratories, outpatient departments, training facilities, central service
facilities, ambulance stops and helicopter landing sites, and other incidental and subordinate uses integral
to hospital operations.
Hospital, special care.\ A special care hospital shall mean an institution rendering care primarily
for patients with mentally-related illness, or under treatment for alcoholism, substance abuse, etc.
Hotel/motel/motor lodge/inn.\ A building or group of attached or detached buildings containing
lodging units intended primarily for rental or lease to transients by the day or week. Such uses generally
provide additional services such as daily maid service, restaurants, taverns, or public banquet halls,
ballrooms, and meeting rooms and/or recreation facilities.
Kennel, commercial.\ The boarding, breeding, raising, grooming or training of two (2) or more dogs,
cats, or other household pets of any age not owned by the owner or occupant of the premises.
Laundry.\ Establishments primarily engaged in the provision of laundering, cleaning or dyeing
services other than those classified as personal services. Typical uses include bulk laundry and cleaning
plants, diaper services, or linen supply services.
Lawn and garden services.\ Establishments primarily engaged in performing a variety of lawn and
garden services, including Bermuda sprigging services, cemetery upkeep, garden maintenance, garden
planting, lawn care, lawn fertilizing services, lawn mowing services, lawn mulching services, lawn seeding
services, lawn spraying services, lawn sprigging services, mowing highway center strips and edges,
seeding highway strips, sod laying and turf installation.
Manufactured home sales.\ Establishment primarily engaged in the display, retail sale, rental, and
minor repair of new and used manufactured homes, parts, and equipment.
Marina.\ A use for docking or mooring of more than four (4) boats (excluding paddle or rowboats) or
providing services to boats, including servicing and repair, sale of fuel and supplies, and provisions of
lodging, goods, beverages. A yacht or boat club shall be considered a marina.
Medical clinic.\ A facility providing medical, psychiatric, or surgical service for sick or injured persons
exclusively on an outpatient basis including emergency treatment, diagnostic services, training,
administration and services to outpatients, employees, or visitors. This use may include ambulance stops,
helicopter landing sites, and other incidental and subordinate uses integral to providing outpatient care.
This would include medical offices in excess of ten thousand (10,000) square feet of floor area.
Mini-warehouse.\ A building designed to provide rental storage space in cubicles where each cubicle
has a maximum floor area of four hundred (400) square feet. Each cubicle shall be enclosed by walls and
ceiling and have a separate entrance for the loading and unloading of stored goods.
Motor vehicle dealership, new.\ The use of a building, land area or other premises for the display of
new and used automobiles, trucks, vans, or motorcycles for sale or lease, including warranty repair work
and other major and minor repair service conducted as an accessory use.
Motor vehicle dealership, used.\ Any lot or establishment where two (2) or more used motor vehicles,
including automobiles, trucks, and motorcycles are displayed at one (1) time for sale or lease, including
warranty repair work and other major and minor repair service conducted as an accessory use.
Motor vehicle/outdoor storage.\ The outdoor storage of operable motor vehicles, and boats. Motor
vehicles in this use shall include cars, trucks, sports utility vehicles, motorcycles, boats, motor homes or
RVs. This use shall specifically include vehicle impound areas for operable vehicles.
Motor vehicle parts/supply, retail.\ Retail sales of automobile parts and accessories. Typical uses
include automobile parts and supply stores which offer new and factory rebuilt parts and accessories, and
include establishments which offer minor automobile repair services.
Motor vehicle/rental.\ Rental of motor vehicles and light trucks and vans, including incidental parking
and servicing of vehicles for rent or lease. Typical uses include auto rental agencies and taxicab dispatch
areas.
Motor vehicle repair service/major.\ Repair of construction equipment, commercial trucks, agricultural
implements and similar heavy equipment, including automobiles, where major engine and transmission
repairs are conducted. Typical uses include automobile and truck repair garages, transmission shops,
radiator shops, body and fender shops, equipment service centers, machine shops and other similar uses
where major repair activities are conducted.
Motor vehicle repair service/minor.\ Repair of automobiles, noncommercial trucks, motorcycles,
motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment
and parts. Typical uses include tire sales and installation, wheel and brake shops, oil and lubrication
services, automobile glass repair and similar repair and service activities where minor repairs and routine
maintenance are conducted.
Pawn shop.\ A use engaged in the loaning of money on the security of property pledged in the
keeping of the pawnbroker and the incidental sale of such property.
Personal improvement service.\ Establishment primarily engaged in the provision of informational,
instructional, personal improvements and similar services. Typical uses include driving schools, health
fitness centers or gyms, reducing salons, dance studios, handicraft and hobby instruction facilities.
Personal service.\ Establishment or place of business engaged in the provision of frequently or
recurrently needed services of a personal nature. Typical uses include beauty and barber shops;
grooming of pets; seamstresses, tailors, or shoe repairs; florists; and laundromats and dry cleaning
stations serving individuals and households.
Real estate office, temporary.\ A class A or B manufactured home, single-family home or other
structure used on a temporary basis as a real estate sales office in conjunction with residential
development.
Recreational vehicle sales and service.\ Retail sales of recreational vehicles and boats, including
service and storage of vehicles and parts and related accessories.
Restaurant, drive-in fast food.\ An establishment primarily engaged in the preparation of food and
beverages, for either take-out, delivery or table service, primarily served in disposable containers at a
counter, a drive-up or drive-through service facility or offers curb service.
Restaurant, general.\ An establishment engaged in the preparation of food and beverages. This use
is characterized by table service to customers in nondisposable containers.
Retail sales.\ Sale or rental with incidental service of goods and merchandise for personal or
household use which is not otherwise specifically described in the listing of commercial use types
contained herein. Such uses include bakeries, drug stores, bookstores, furniture, gifts, hardware, grocery
stores, clothing stores, and floral retail shops.
Studio, fine arts.\ A building, or portion thereof, used as a place of business for visual art, which may
include sculptors, artists or photographers.
Taxidermy.\ A building where animal skins are prepared, stuffed and mounted for sale.
Truck stop.\ An establishment containing a mixture of uses which cater to the traveling public and in
particular motor freight operators. A truck stop might include such uses as fuel pumps, restaurants,
overnight accommodations, retail sales related to the motor freight industry, and similar uses.
Truck terminal.\ See "warehousing and distribution" listed under industrial use types.
Veterinary hospital/clinic.\ Any establishment rendering surgical and medical treatment of animals.
Boarding of animals shall only be conducted indoors, on a short-term basis, and shall only be incidental to
such hospital/clinic use, unless also authorized and approved as a commercial kennel. (7-7-05; 8-21-08;
12-18-08; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-4-C, 4-18-13, 6-19-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Section 3-7000 of the Isle of Wight County Code
be amended and reenacted as follows:
Sec. 3-7000. Industrial use types.
Abattoir or livestock processing.\ The use of land for the slaughter of livestock, including cattle,
sheep, swine, goats and poultry, as a service, and from which there is sold no meat or other product of
such slaughter other than materials generally considered inedible for humans and which are generated as
waste and/or by-products of such slaughter, including, but not limited to, blood, bones, viscera, hides,
etc., which may be sold for purposes of removal from site.
Asphalt plant.\ An establishment engaged in manufacturing or mixing of paving materials derived
from asphaltic mixtures of tar.
Construction yard.\ Establishments housing facilities of businesses primarily engaged in construction
activities, including the outside storage of materials and equipment used for the business operations.
Typical uses may include site work companies to include excavating and grading activities, roadway
construction and utility infrastructure companies, and other heavy construction companies.
Convenience center.\ A government-operated facility used for the collection of trash, garbage, and
rubbish, including receptacles for the collection and storage of recyclable materials.
Custom manufacturing.\ Establishments primarily engaged in the on-site production of goods by
hand manufacturing, within enclosed structures, involving the use of hand tools, and the use of
mechanical equipment commonly associated with residential or commercial uses or a single kiln. Typical
uses would include pottery, cabinet or woodwork shops.
Industry, Type I.\ Enterprises engaged in the processing, manufacturing, compounding, assembly,
packaging, treatment or fabrication of materials and products, from processed or previously manufactured
materials. Included would be assembly of electrical appliances, bottling and printing plants, and the
manufacturing of paint, oils, pharmaceuticals, cosmetics, solvents and other chemicals, production of
items made of stone, metal or concrete.
Industry, Type II.\ Enterprises in which goods are generally mass produced from raw materials on a
large scale through use of an assembly line or similar process, usually for sale to wholesalers or other
industrial or manufacturing uses. Included in this use type are industries involved in processing and/or
refining raw material such as chemicals, rubber, wood or wood pulp, forging, casting, melting, refining,
extruding, rolling, drawing, and/or alloying ferrous metals, and the production of large durable goods such
as automobiles, manufactured homes, or other motor vehicles.
Industry, Type III.\ An establishment which has the potential to be dangerous or extremely
obnoxious. Included are those in which explosives are stored, petroleum is refined, natural and liquid and
other petroleum derivatives are stored and/or distributed in bulk, radioactive materials are compounded,
pesticides, fertilizers and certain acids are manufactured, and hazardous waste is treated or stored as the
establishment's principal activity.
Landfill, industrial.\ The use of land for the legal disposal of specific industrial waste which is a by-
product of a manufacturing or production process.
Landfill, rubble.\ The use of land for the legal disposal of construction and demolition wastes
consisting of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, metals and plastic
associated with construction and wastes from land-clearing operations consisting of stumps, wood, brush,
and leaves.
Landfill, sanitary.\ The use of land for the legal disposal of municipal solid waste derived from
households, business and institutional establishments, including garbage, trash, and rubbish, and from
industrial establishments, other than hazardous wastes as described by the Virginia Hazardous Waste
Regulations.
Meatpacking.\ The processing of meat products and by-products directly from animals or offal from
dead animals.
Recycling center.\ A privately operated facility for the collection and storage of recyclable materials
designed and labeled separately for citizens to voluntarily take source materials for recycling.
Resource extraction.\ A use involving on-site extraction of surface or subsurface mineral products or
natural resources. Typical uses are quarries, borrow pits, sand and gravel operation, mining, and soil
mining. Specifically excluded from this use type shall be grading and removal of dirt associated with an
approved site plan or subdivision, or excavations associated with, and for the improvement of, a bona fide
agricultural use.
Scrap and salvage service.\ Any lot or place engaged in the storage, sale, dismantling or other
processing or uses of waste materials which are not intended for reuse in their original forms. Typical
uses include paper and metal salvage yards, automotive wrecking yards, junkyards, used tire storage
yards, or retail and/or wholesale sales of used automobile parts and supplies. (See also the definitions of
automobile wrecking yard and junkyard in section 2-1002.)
Shipping container.\ Primarily a metal container used to pack, ship and store goods. On land they
are kept in shipping or storage yards.
Towing service storage yard.\ An outdoor area or yard used by a tow service for the storage of
inoperable, junk, or wrecked motor vehicles, with or without consent of the owner.
Transfer station.\ Any storage or collection facility which is operated as a relay point for municipal
solid waste which ultimately is transferred to a landfill.
Warehousing and distribution.\ Uses including storage, warehousing and dispatching of goods within
enclosed structures, or outdoors. Typical uses include wholesale distributors, storage warehouses, truck
terminals and moving/storage firms. (7-7-05; 12-18-06; Ord. No. 2012-10-C, 10-18-12, 6-19-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Section 4-11003 of the Isle of Wight County
Code be amended and reenacted as follows:
Sec. 4-11003. Conditional uses.
The following uses are allowed only by conditional use permit pursuant to section 1-1017. An
asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000,
supplementary use regulations, for those specific uses.
A. Agricultural uses:
Agriculture
* Agricultural farming operation
* Forestry operation
* Timbering
* Sawmill
B. Civic uses:
* Utility service/major
C. Commercial uses:
Agricultural service
* Farm supplies, equipment sales and service
Business support service
* Hotel/motel/motor lodge/inn
Personal improvement service
Personal service
* Restaurant, drive-in fast food
Restaurant, general
D. Industrial uses:
Industry, Type II
* Landfill, rubble
*Towing service storage yard
E. Miscellaneous uses:
* Communication tower
Parking facility, surface/structure
* Reconstructed wetland
(7-7-05; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-2-C, 4-18-13, 6-19-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Section 4-12003 of the Isle of Wight County
Code be amended and reenacted as follows:
Sec. 4-12003. Conditional uses.
The following uses are allowed only by conditional permit pursuant to section 1-1017. An asterisk (*)
indicates additional, modified or more stringent standards which are listed in section 5-5000,
supplementary use regulations, for those specific uses.
A. Agricultural uses:
Agriculture
• Agricultural farming operation
* Forestry operation
• Timbering
* Sawmill
B. Civic uses:
* Utility service/major
C. Commercial uses:
Agricultural service
• Farm supplies, equipment sales and service
D. Industrial uses:
* Abattoir or livestock processing
* Asphalt plant
Industry, Type III
* Landfill, industrial
* Landfill, rubble
* Resource extraction
* Scrap and salvage service
*Towing service storage yard
E. Miscellaneous uses:
* Aviation facility, general
* Communication tower
Parking facility, surface/structure
* Reconstructed wetland
(7-7-05; 8-21-06, 6-19-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Section 5-2000 of the Isle of Wight County Code
be amended and reenacted as follows:
Sec. 5-2000. Supplementary density and dimensional regulations.
A. Accessory building requirements.
1. The following provisions shall regulate the location of accessory buildings with respect to
required yards:
a. Accessory buildings shall be prohibited in any required yard which adjoins a street, except
as permitted under subsection 5-2000.E.3.
b. Accessory buildings shall be located at least five (5) feet from any required rear lot
boundary lines.
c. Where an accessory building is located in a zoning district requiring a side yard and such
building is entirely to the rear of the principal structure, the accessory building shall be
located at least five (5) feet from any adjoining lot line.
d. Accessory buildings shall not exceed the maximum height restriction for the zone in which
such structures are located, except as specified in subsection 5-2000.D.2.
B. Accessory uses and structures not permitted prior to principal uses or structures. ..... No accessory
use or structure shall be permitted on a lot unless the principal use or structure is in existence
previously or until construction of the principal structure is initiated.
C. Building height limitations.
1. For purposes of this section:
a. Except as hereinafter provided, no building or structure, or part thereof, shall hereafter be
erected or altered to a height greater than the maximum specified for the respective zone.
D. Exceptions to height limits. ..... Not withstanding other regulations in this article or the maximum
specified for the respective zone, the following structures shall be permitted:
1. Church spires, belfries, cupolas, monuments, chimneys, utility transmission towers, water
towers, fire towers, cooling towers, elevator penthouses, monuments or towers used in the
manufacturing process, or other similar structures, may be permitted to exceed the height
stipulated in the schedule of zone regulations by no more than twenty-five percent (25%) if
attached to a building or to a maximum of one hundred (100) feet if freestanding. The zoning
administrator shall determine whether a proposed height increase is reasonable and serves a
function beyond merely drawing attention to the structure. If an increase above a total of one
hundred (100) feet is desired, a conditional use permit must be obtained.
2. Except as noted above, no accessory building or structure shall exceed the maximum height
limitation established for the zoning district or the height of the structure to which it is accessory,
whichever is less, provided, however, that structures which are accessory to a single-story
structure may be constructed to a maximum height not exceeding one hundred twenty-five
percent (125%) of the height of the principal structure. In cases where this is permitted, the
accessory structure shall be separated from the principal residential structure by a distance of at
least twenty (20) feet.
3. Buildings or structures used in conjunction with a bona fide agricultural use or operation in the
Rural/Agricultural Conservation (RAC) District shall be exempt from the height limits specified in
the zoning district regulations.
4. Solar heating and solar collection devices provided such devices do not exceed by more than
five (5) feet the otherwise permitted maximum height for the zone in which they are located.
5. The Isle of Wight County Board of Supervisors with a recommendation by the planning
commission may authorize an exemption to the height regulations. In granting exemptions, the
board of supervisors with a recommendation by the planning commission may impose
reasonable conditions. No exemption shall be granted which exceeds the height limitations of
section 5-3000 (restrictions adjacent to airports).
6. Towers and antennas are allowed to the extent authorized in each zoning district.
E. Building setback requirements. ..... No portion of any building or other structure may be located on
any lot closer to any lot line or to the street right-of-way line than is authorized in each zoning district.
1. Future highway rights-of-way. ..... Wherever future highway rights-of-way have been established
by official action by the board of supervisors or the Virginia Department of Transportation, these
rights-of-way shall be used as the basis for determining required setbacks.
2. Setback measurement from right-of-way.
a. If the street right-of-way line is readily determinable (by reference to a recorded map, set
irons, or other means), the setback shall be measured from such right-of-way line.
b. In any district, on any lot which fronts on a road having a right-of-way less than fifty (50)
feet wide or of undetermined width, the required minimum front yard setback line shall be
measured from a point twenty-five (25) feet from the center of such street right-of-way.
3. Front yard requirements in developed areas. ..... Where existing buildings or structures occupy
lots comprising at least fifty percent (50%) of the lots within a block, and the average front yard
depth of the existing buildings or structures is less than that required by this ordinance, the
average so established may be taken in lieu of that which is normally required, provided that in
no case shall a front yard depth so determined be less than twenty (20) feet, or less than the
setback line denoted on a recorded subdivision plat, whichever is greater. For the purpose of
this calculation, lots on the same side of a street on either side of the lot in question for a
distance of six hundred (600) feet or to the nearest street intersection, whichever is less, shall
be considered.
4. Front yards on through lots. ..... On any lot that runs through a block from street to street, a front
yard as otherwise required in the zone shall be provided along each street lot line.
F. Side yards.
1. Side yards decreased for narrow lot. ..... For each foot by which a nonconforming lot of record at
the time of enactment of this ordinance is narrower than fifty (50) feet, and where the owner of
record does not own any adjoining property, one and one-half (1½) inches may be deducted
from the required minimum width of any side yard for building not exceeding two and one-half
(2½) stories in height; provided, however, that no side yard shall be narrower at any point than
three (3) feet in any case.
2. Side yards increased for deep buildings. ..... In any zone where a side yard is required, the least
width of each side yard shall be increased by one (1) inch for each foot by which the side wall of
a building adjacent to a side yard exceeds fifty (50) feet in overall depth.
3. Corner lot. ..... On a corner lot in any zone, both yards fronting the street shall equal the
required minimum frontage, width and front yard setback for that zone. Of the two (2) sides of
the corner lot, the front shall be deemed to be the shortest of the two (2) sides fronting on the
streets.
4. Side yard exceptions for attached dwellings. ..... In the case of attached dwelling units, the
entire structure shall be considered as a single building with respect to side yard requirements.
5. Measure of setback distances or required yards. ..... Setback distances or required yards shall
be measured from the property line or street right-of-way line to a point on the lot that is directly
below the nearest extension of any part of the building that is substantially a part of the building
itself and not a mere appendage to it (such as a flagpole, etc.).
G. Walls and fences.
1. Unless otherwise provided for by this ordinance, fences or walls not more than six (6) feet in
height may be located in any required side or rear yard in any district, other than a required yard
adjacent to a street except as follows:
a. On parcels zoned or occupied by a single-family or two-family residence, no fence or wall
which creates a solid screen may exceed two and one-half (2½) feet in height in any
required front yard, except that fences having a uniform open area of fifty percent (50%) or
more may be erected to a maximum height of four (4) feet in such required yards.
b. On parcels zoned for or occupied by any use other than a single-family or two-family
dwelling, no fence or wall that creates a solid screen may exceed three and one-half (3½)
feet in height in any required front yard, except that fences having a uniform open area of
fifty percent (50%) or more may be erected to a maximum height of four (4) feet in such
yards.
c. Heights shall be measured from the average ground level adjacent to the fence or wall and
shall exclude columns and posts.
2. Open wire fences not exceeding eight (8) feet in height may be erected in any required yard
when wholly or partially enclosing any public school, park, recreational or playground site or a
public utility. Height shall be measured from the average level of the ground adjacent to the
fence or wall.
3. Fences erected for agricultural purposes are exempt from this section.
4. The height, design, and location of fences in required yards erected in conjunction with a bona
fide and permitted industrial use or operation may be exempt from this section subject to the
review and approval of the zoning administrator.
5. The height, design, and location of fences or walls in required yards erected in conjunction with
an electrical utility station or substation may be exempt from this section subject to the review
and approval of the zoning administrator.
H. Projections and yard setback modifications.
1. Covered, unenclosed front porches. ..... Covered, unenclosed porches, decks, landings, steps,
terraces, patios or platforms, open on three (3) sides except for necessary supporting columns
and customary architectural features, may be permitted in a required front yard provided that
such structure shall not be more than eight (8) feet in width and shall not project more than
three (3) feet into such yard.
2. Covered unenclosed porches permitted in required side or rear yard. ..... Covered, unenclosed
porches, decks, landings, steps, terraces, patios or platforms, open on three (3) sides except for
necessary supporting columns and customary architectural features, may be permitted in
required side or rear yards provided that no such structure, shall project closer than three (3)
feet to any side lot line, that no such structure shall be more than one (1) story in height or more
than twenty-four (24) feet in length, and that no such structure shall project more than eight (8)
feet into any required rear yard.
3. Uncovered porches. ..... Uncovered porches, decks, landings, steps, terraces, patios or
platforms which do not extend above the level of the first floor of the building (except for railings
and railing supports) may project into any required front, side or rear yard or court not to exceed
eight (8) feet.
4. [Architectural features, chimneys, air conditioners, cornices, eaves, belt courses, sills, canopies,
or other similar architectural features.] ..... Architectural features, chimneys, air conditioners,
cornices, eaves, belt courses, sills, canopies, or other similar architectural features (but not
including bay windows or vertical projections) may project into a required side yard not more
than eighteen (18) inches, but not closer than three (3) feet to the side lot line, and may not
exceed thirty-six (36) inches. Chimneys and air conditioners may project into any yard not more
than eighteen (18) inches, but air conditioners rated at twenty-four thousand (24,000) BTU or
less shall not be so placed as to discharge air within five (5) feet of side yard lines, and those
rated over twenty-four thousand (24,000) to discharge air within twelve (12) feet of side yard
lines, other than side yard lines adjacent to streets.
5. Open fire escapes. ..... Open, unenclosed fire escapes may project not more than four (4) feet
into any required yard, but shall not project closer than three (3) feet to any side lot line.
6. Open stairways and balconies. ..... Open, unenclosed stairways or balconies, not covered by a
roof or canopy, may extend or project into a required rear yard only, not more than four (4) feet,
but shall not be within three (3) feet of any property line.
7. Exemption of front yard setback for handicap ramps. ..... Handicap ramps used for residence(s)
of a single-family dwelling shall be allowed to encroach into the required front yard setback. The
ramp must be built in accordance with the American Disabilities Act as it pertains to wheelchair
accessibility. In no instances shall the ramp be covered.
I. Frontage.
1. Where lot lines are established radially from a curved street so as to increase the width of the
lot, the lot frontage in such cases shall be measured along the chord of such curved street.
2. For lots fronting on the turning circle of a cul-de-sac, individual lot frontage may be reduced to
not less than fifty percent (50%) of the minimum lot width for the respective zoning district.
Frontage for such lots shall be measured along the chord of the cul-de-sac street.
J. Lots with existing dwellings. ..... On a lot with one (1) or more existing dwelling units, no zoning
permit shall be used for an additional single-family dwelling except as specifically permitted in this
ordinance. Where a new residence is intended to replace an existing unit, the demolition permit for
the existing unit shall be issued by the building official prior to or at the same time as the zoning
permit for the new dwelling.
K. Minimum lot size.
1. All lots shall have at least the amount of square footage indicated for the appropriate zoning and
overlay districts. The total floor area in all buildings on the lot shall be considered in determining
the adequacy of lot area.
2. For permitted uses utilizing individual sewage systems, the required area for any such use shall
be approved by the health department. The zoning administrator may require a greater area if
considered necessary by the health department.
L. Recreational vehicles and watercraft. ..... In all districts it shall be permissible to store out-of-doors
recreational vehicles and watercraft as an accessory use only in accordance with the following:
1. Such vehicles or watercraft shall be placed in the rear or side yards only, and shall be located at
least five (5) feet from all property lines. This provision shall not apply to recreational vehicles or
watercraft stored within completely enclosed structures.
2. Recreational vehicles shall not be used as living quarters, and may only be otherwise occupied
in accordance with district regulations.
M. Required yard not to be reduced. ..... No lot shall be reduced in area so as to make any yard or any
other open space less than the minimum required by this article, and if already less than the
minimum required, such yard or open space shall not be further reduced, except by approval of the
board of zoning appeals. No part of a yard or other open space provided for any building, structure or
use for the purposes of complying with the provisions of this article shall be considered as part of a
yard or other open space required under this article for another building, structure or use except in
the case of developments which are planned developments or cluster developments and provision is
made for shared use of open space.
N. Residential density.
1. Only one (1) single-family detached dwelling shall be permitted on any lot, except that
accessory apartments and temporary residences shall be permitted as otherwise allowed in this
ordinance.
2. In determining the number of dwelling units permissible on a lot, parcel, or tract of land,
fractions shall be rounded to the nearest whole number.
O. Sight triangles.
1. To promote visibility for pedestrians and the operators of motor vehicles, a clear sight triangle
shall be established at the intersecting rights-of-way of any two (2) streets. The legs of this sight
triangle shall be twenty-five (25) feet in length. They shall begin at the point of intersection of the
two (2) street rights-of-way, and shall extend twenty-five (25) feet along each right-of-way line.
The triangle shall be formed by connecting the endpoints of these two (2) lines.
2. Landscape plantings or other objects constructed, placed, or permanently parked within the
sight triangle of roadway or driveway intersections shall conform to Virginia Department of
Transportation guidelines for height. This shall not apply to fire hydrants.
P. Widening of public rights-of-way and roads. ..... Whenever there shall be plans or other official
documents in existence, approved by either the Virginia Department of Transportation, the
Commonwealth Transportation Board, or the board of supervisors which provides for proposed
relocation or widening of any public right-of way, road, or street, the board may require additional
yard setbacks for any new construction or for any structures altered or remodeled adjacent to the
future planned right-of-way, in order to preserve and protect the land area needed for such proposed
public right-of-way, road, or street widening. No structure or part of a structure shall be permitted to
be erected within the lines of such proposed public street or highway and all setbacks governing the
location of such structures shall be measured from the future public right-of-way, where established.
Q. Building footprint. ..... Any single use building, other than an industrial use, containing a building
footprint of eighty thousand (80,000) square feet or more measured from the outside perimeter of the
building shall require a conditional use permit in accordance with section 1-1017 of this ordinance
prior to design or construction. For purposes of this section the square footage of a single user
building shall include all buildings located within one-quarter (¼) mile owned or operated by
essentially the same establishment, as determined by the zoning administrator. (7-7-05; 4-19-07,
6-19-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Section 5-5006 of the Isle of Wight County Code
be amended and reenacted as follows:
Sec. 5-5006. Supplementary use regulations for industrial use types.
A. Abattoir or livestock processing.
1. General development standards:
a. Waste or any decomposable residue from the livestock processing or abattoir operation
shall only be disposed of in strict compliance with any applicable state regulations.
b. Measures shall be developed to mitigate obnoxious odors, dust, smoke, or similar
nuisances.
c. Any livestock processing or abattoir operation shall meet the requirements of site plan
review and approval set out in article VII.
d. Design, construction, and operation of the facility must meet or exceed the requirements of
all current state and federal regulations. Specifically, the operation must conform to any
guidelines or specifications concerning such design, construction, and operation as
published or otherwise disseminated by the U.S. Department of Agriculture.
2. Livestock processing or abattoirs may be permitted in the rural agricultural conservation (RAC)
district subject to the following standards:
a. No livestock processing or abattoirs shall be constructed or established within one-half-
mile radius of any property zoned residential.
b. A minimum of twenty (20) acres is required for any livestock processing or abattoir
operation. If the operation includes a feedlot, the minimum area required shall be increased
subject to any applicable regulations promulgated by the Virginia Department of
Environmental Quality pertaining to the confinement of livestock.
c. Stock pens or buildings or structures associated with the livestock processing or abattoir
operation shall be at least three hundred (300) feet from any public right-of-way and must
be at least five hundred (500) feet from any property line of any property not associated
with the abattoir.
3. Livestock processing or abattoir operations may be permitted in the general industrial (GI)
zoning district subject to the following standards:
a. Minimum acreage: Five (5).
b. Minimum setback: Two hundred (200) feet, from the nearest property line, except that a
retail sales outlet may be a minimum of seventy (70) feet from any public right-of-way.
B. Asphalt plant. ..... General standards:
1. In considering a conditional use permit request for an asphalt plant, in addition to the general
standards contained in section 1-1017 of this ordinance, the board shall specifically consider
and set standards for the following:
a. The maximum height of any structure and any additional setback requirements necessary
to compensate for any increased height.
b. Specific measures to control dust during the construction and operation of the plant.
c. Specific levels of noise permitted during the daytime and nighttime operation of the plant,
as measured at adjacent property lines, and any additional requirements for the design or
operation of the plant intended to reduce noise.
2. All commercial vehicles used in conjunction with the asphalt plant shall be fully screened from
the public right-of-way, from adjacent properties by masonry or concrete walls designed to be
compatible with the principal building that it serves.
3. The outdoor storage of tools, bulk or bag materials, and similar items shall only be allowed
within a fully screened storage area.
C. Construction yard. ..... General standards:
1. All materials stored on the property shall be placed in a storage yard. The storage yard shall be
fully screened from public view and shall be set back at least one hundred (100) feet from any
adjoining residential district, in addition to meeting the landscaping zone requirements of article
VIII.
2. In considering a conditional use permit request for a construction yard, in addition to the above
standards and the general standards contained in section 1-1017 of this ordinance, the board
may consider and set standards for the following:
a. Provisions for screening of any vehicles, equipment, materials and storage yards in
accordance with article VIII.
b. The maximum height of any structure and any additional setback requirements necessary
to compensate for any increased height.
c. Specific measures to control dust on the site.
3. In the VC district, the following standards shall apply:
a. The maintenance and repair of all vehicles and equipment shall be conducted within an
enclosed building.
D. Landfill, industrial. ..... No site shall be developed as an industrial landfill except in the conformance
with the zoning district regulations as a conditional use. Minimum standards for an industrial landfill
shall be as follows:
1. A minimum buffer two hundred (200) feet in width is required adjacent to residential districts or
uses and a minimum buffer one hundred (100) feet in width is required adjacent to public rights-
of-way.
2. The additional standards required in subsection 5-5006.F.3., below, for a sanitary landfill.
E. Landfill, rubble. ..... No site shall be developed as a rubble landfill and no existing rubble landfill shall
be enlarged or altered except in conformance with the zoning district(s) regulation(s) as a conditional
use. Minimum standards for a rubble landfill shall be as follows:
1. Minimum lot area of ten (10) acres shall be required.
2. A minimum buffer two hundred (200) feet in width is required adjacent to residential districts or
uses and a minimum buffer one hundred (100) feet in width is required adjacent to public rights-
of-way.
3. The additional standards required in subsection 5-5006.F.3., below, for a sanitary landfill.
F. Landfill, sanitary. ..... No site shall be developed as a sanitary landfill or solid waste disposal site, and
no existing sanitary landfill shall be enlarged, altered, or changed in use, except in conformance with
the zoning district regulations of this ordinance and the following provisions:
1. Minimum lot area of one hundred (100) acres shall be required.
2. A minimum buffer three hundred (300) feet in width is required adjacent to residential districts or
uses and a minimum buffer, one hundred fifty (150) feet in width is required adjacent to public
rights-of-way.
3. Additional standards for landfills:
a. Access from paved streets is required. Said streets shall be able to withstand maximum
load limits established by the Virginia Department of Transportation (VDOT).
b. Access shall not be through any residential subdivision or development.
c. In addition to, and to the interior of, any required buffer zone plantings, a minimum six-foot-
high solid board fence or masonry wall shall be required around all property lines adjacent
to property zoned or developed for residential uses.
d. The operation of the sanitary landfill shall comply with all applicable federal, state, and
county licensing, permits, and authorization.
G. Recycling center. ..... General standards:
1. Where receptacles for recyclable materials are located outside of a building, they shall be
located so as to not disrupt or interfere with on-site traffic circulation, required fire lanes or
required parking, loading or stacking areas.
2. Specific circulation pattern shall be established to provide safe and easy access to recycling
receptacles. Adequate space shall be provided for the unloading of recyclable materials.
3. A regular schedule for picking up recycled materials shall be established and maintained.
4. The site shall be maintained free of litter.
5. Where receptacles for recyclable materials are located outside of a building, they shall be
screened from public view in accordance with the screening zone specifications of article VIII.
H. Resource extraction. ..... When established as a conditional use, processing and removal of sand,
gravel, or stone, stripping of topsoil (but not including stripping of sod), and borrow pits, shall be
subject to the following standards:
1. Exemptions.
a. Any operator engaging in mining and disturbing less than one (1) acre of land and
removing less than five hundred (500) tons of material at any particular site is exempt from
the provisions of this ordinance; providing, however:
i. Excavation or grading when conducted solely in aid of on-site farming or construction.
ii. Each person intending to engage in such restricted mining shall submit an application
for exemption, a sketch of the mining site and an operations plan to the zoning
administrator, who shall approve the application if he determines that the issuance of
the permit shall not violate the provisions of this ordinance.
2. Permit required. ..... It shall be unlawful for any person, firm, partnership or corporation to break
or disturb the surface soil or rock in order to facilitate or accomplish the extraction or removal of
minerals, ores, rock or other solid matter including any activity constituting all or part of a
process for the extraction or removal of minerals, ores, rock or other solid matter so as to make
them suitable for commercial, industrial, or construction use but does not include those aspects
of deep mining not having significant effect on the surface without first obtaining a conditional
use permit to do so from the board of supervisors of Isle of Wight County. Nothing herein shall
apply to strip mining of coal. Such permits shall not be transferable.
3. Application and procedures. ..... The application shall be signed by the operator and the
landowner and when issued shall be issued in the name of the operator and shall not be
transferable between operators.
The application fee shall be as prescribed in Table 3 (fee schedule for zoning applications).
A permit shall be obtained prior to the start of any mining operation. If, within ten (10) days of
the anniversary date of the permit, the zoning administrator, after inspection, is satisfied that the
operation is proceeding according to the plan submitted to and approved by the board of
supervisors, then the zoning administrator shall renew the permit upon payment of a renewal
fee as prescribed in Table 3 (fee schedule for zoning applications). The renewal fee is to be
calculated based upon the acreage to be affected by the total operation in the next ensuing
year.
If the operator believes changes in his original plan are necessary or if additional land not
shown as part of the approved plan of operation is to be disturbed, he shall submit an amended
plan of operation, which shall be approved by the board of supervisors in the same manner as
an original.
Application for excavation permits shall be directed to the board of supervisors of Isle of Wight
County and shall be filed with the zoning administrator. The application shall include the
following information and attachments:
a. The common name and geologic title, where applicable, of the mineral, ore or other solid
matter to be extracted;
b. A description of the land upon which the applicant proposes to conduct mining operations,
which description shall set forth the location of its boundaries and any other description of
the land to be disturbed in order that it may be located and distinguished from other lands
and easily ascertainable as shown by a map attached thereto showing the amount of land
to be disturbed;
c. The name and address of the owner or owners of the surface of the land;
d. The name and address of the owner or owners of the mineral, ore or other solid matter;
e. The source of the operator's legal right to enter and conduct operations on the land to be
covered by the permit;
f. The total number of acres of land to be covered by the permit;
g. A reasonable estimate of the number of acres of land that will be disturbed by mining
operations on the area to be covered by the permit during the ensuing year;
h. Whether any borrow pit permits of any type are now held by the applicant and the number
thereof;
i. Name and address of the applicant, if an individual; the names and addresses of all
partners, if a partnership; the state of incorporation and the name and address of its
registered agent, if a corporation; or the name and address of the trustee, if a trust;
j. If known, where the applicant or any subsidiary or affiliate or any partnership, association,
trust or corporation controlled by or under common control with the applicant, or any
person required to be identified by subsection 3.i. of this section, has ever had a borrow
permit of any type issued under the laws of this or any other state revoked or has ever had
a mining or other bond, or security deposit in lieu of bond, forfeited;
k. The application for a permit shall be accompanied by the minimum number of copies
required by the application of an accurate map or plan and meet the following
requirements:
i. Be prepared by a licensed engineer or licensed surveyor,
ii. Identify the area to correspond with the land described in the application,
iii. Show adjacent deep mining, if any, and the boundaries of surface properties, with the
names of the owners of the affected area which lie within one hundred (100) feet of
any part of the affected area,
iv. Be drawn to a scale of four hundred (400) feet to the inch or better,
v. Show the names and locations of all streams, creeks or other bodies of public water,
roads, buildings, cemeteries, oil and gas wells, and the utility lines on the area
affected and within five hundred (500) feet of such area,
vi. Show by appropriate markings the boundaries of the area of land affected, the outcrop
of the seam at the surface or deposit to be mined, and the total number of acres
involved in the area of land affected,
vii. Show the date on which the map was prepared, the north arrow and the quadrangle
name,
viii. Show the drainage plan on and away from the area of land affected, including the
directional flow of water, constructed drainage ways, natural waterways used for
drainage and the streams or tributaries receiving the discharge;
l. Provide information delineating the vehicular access to be utilized by the excavation
operator and a statement listing the various public streets/highways to be used as haul
routes;
m. Provide an erosion and sedimentation control plan designed in accordance with all
applicable state and county requirements related to land-disturbing activities;
n. Provide an estimation of the total number of cubic yards to be excavated;
o. Provide the total number of cubic yards excavated over the previous five (5) years of
operation if the extraction operation is existing;
p. Provide the proposed date on which excavation operations will commence, the proposed
date on which such operation will be completed and the proposed date all required
restoration measures will be completed;
q. The name and address of the operator.
No permit shall be issued by the board of supervisors until the planing commission and
zoning administrator have approved the plan of operation and the bond from the applicant
as hereinafter provided.
4. Operations plan required. ..... The application for a permit shall be accompanied by an
operations plan in such form and with such accompanying material as the zoning administrator
shall require. The operations plan shall describe the specifications for surface grading and
restoration, including sketches, delineating placement of spoil, stockpiles and tailing ponds, to a
surface that is suitable for the proposed subsequent use of the land after reclamation is
completed. The operations plan shall include a provision for reclamation of all land estimated to
be affected by the mining operation for which the permit is sought. The reclamation provision
shall be in such form and contain such accompanying material as the zoning administrator shall
require and shall state:
a. The planned use to which the affected land is to be returned through reclamation;
b. Proposed actions to assure suitable reclamation of the affected land for the planned use to
be carried out by the applicant as an integral part of the proposed mining operation and to
be conducted simultaneously insofar as practicable. The board shall set schedules for the
integration of reclamation with the mining operation according to the various individual
mineral types.
5. Reclamation. ..... It shall be the policy of the board of supervisors to encourage adoption of
productive land use, such as pasture, agricultural use, recreational areas, sanitary landfills,
forestry and timberland operations, industrial and building sites, and to consider the general
original contour in determining the particular reclamation program for the acreage. The
reclamation shall be conducted simultaneously with the mining operation insofar as practicable
and shall be completed within six (6) months of the expiration of the permit. The zoning
administrator may require an amendment to the operations plan to meet the exigencies of any
unanticipated circumstances or event.
6. Application processing. ..... The zoning administrator shall transmit the application to the
planning commission for consideration by said planning commission. The planning commission
shall consider the location of the proposed excavation and the plans accompanying the
application. The planning commission shall make its recommendation to the board of
supervisors for approval, disapproval or amendment of the application.
7. Operating and development requirements.
a. Setbacks for borrow pits and other excavations. ..... The edge of an excavation area for
borrow pits and other purposes shall be located at least such distance as to protect
adjoining property from collapse, caving or sliding, but in no event shall such excavation
areas be less than two hundred (200) feet from adjoining property lines or others. The
setback area shall not be used for any purpose during the period of excavation, including
overburden and spoil storage, except as access and temporary topsoil storage.
b. Access roads. ..... All access roads shall be constructed so as to intersect as nearly as
possible at right angles with public streets and highways and no access road shall intersect
any public road at any angle of less than sixty (60) degrees. Where necessary, dust control
measures shall be taken.
c. Roadside landscape. ..... Existing trees and ground cover along public street frontage shall
be preserved for a depth of two hundred (200) feet, maintained and supplemented during
the period of excavation, if deemed desirable by board of supervisors with a
recommendation from the planning commission. The type, design and spacing of
supplementary planting shall be approved by the zoning administrator.
d. Fencing/gate requirements. ..... The zoning administrator, as herein defined, may require
the entire excavation operation to be fenced with gates constructed at all entrances to be
kept locked at all times when not in use. The zoning administrator shall determine the type
of fencing and gates taking into consideration the activity to be conducted, the location of
the site relative to adjoining property owners, degree of development of the surrounding
area, visibility of the site as an attractive nuisance, and potential of the site for
unauthorized accessibility by the public.
8. Restoration requirements.
a. Minimum slope of banks. ..... All slopes around the edge of the excavated area shall be left
with a slope no less than three (3) feet horizontal to one (1) foot vertical to the bottom.
b. Leveling of bottom area. ..... All excavated areas shall be left in a level state.
c. Topsoil restoration and planting. ..... All areas not inundated shall be covered with topsoil
and seeded, as may be required by the zoning administrator, upon the conditions and
recommendations made by the appropriate state agencies and officials.
d. Fencing/gate requirements. ..... The zoning administrator, as herein defined, may require
the entire excavation area to be fenced with gates constructed at all entrances to be kept
locked at all times when not in use, in addition to all fencing and gating installed in
accordance with the approved reclamation plan. The zoning administrator shall determine
the type of fencing and gates taking into consideration the activity to be conducted, the
location of the site relative to adjoining property owners, degree of development of the
surrounding area, visibility of the site as an attractive nuisance, and potential of the site for
unauthorized accessibility by the public.
9. Bond of operator. ..... Each operator, before receiving site plan approval, shall furnish bond on a
form to be prescribed by the zoning administrator, payable to the County of Isle of Wight and
conditioned that the operator shall faithfully perform all of the requirements of this ordinance and
of the operations plan and reclamation plan as approved and directed by the board of
supervisors. The amount of bond shall be four thousand dollars ($4,000.00) per acre, based
upon the number of acres of land which the operator estimates will be affected by the mining
operation in the next twelve (12) months. In addition, the zoning administrator may require bond
in an amount necessary to complete all phases of operation and restoration/reclamation, plus
ten percent (10%) contingency, in the amount recommended and endorsed by a certified
engineer, licensed to practice in the Commonwealth of Virginia, and any changes to the
approved bond amount would require similar estimations provided by a certified engineer.
However, in no event shall such bond be less than four thousand dollars ($4,000.00) per acre
as hereinabove prescribed. Such bonds shall be executed by the operator and by a corporate
surety licensed to do business in this state; provided, however, that in lieu of such bond, the
operator may deposit cash, certified check, or collateral securities satisfactory to the zoning
administrator.
Upon request of the operator, the zoning administrator shall cause an inspection to be made of
the land subject to the reclamation plan, and if he approves the reclamation of work completed by
the operator, he shall order the return of the bond or other security to the operator.
If the zoning administrator does not approve the reclamation work, he shall notify the operator
immediately and advise him of what additional steps he deems necessary to satisfactorily complete
the reclamation. The bond or security posted by the operator for such land shall not be refunded until
he has obtained the zoning administrator's approval as aforesaid. If the operator does not complete
the reclamation in accordance with the directions of the zoning administrator within ninety (90) days
of such order of such zoning administrator, the administrator may order a forfeiture of the bond or
other security posted by the operator and have the reclamation performed with the money so
received. Any funds remaining after the costs of the reclamation as aforesaid shall be returned to the
operator.
Within ten (10) days following the anniversary date of the permit, the operator shall post
additional bond in the amount determined by the zoning administrator but not less than one
thousand dollars ($1,000.00) per acre for each additional acre of land estimated by him to be
disturbed during the next year following the anniversary date of the permit for which no bond has
been previously posted by him. Bond or other security previously posted shall be released for the
areas disturbed in the last twelve (12) months if reclamation work has been completed and the
approval of the zoning administrator obtained as hereinabove provided.
10. Planning commission and board of supervisors. ..... Upon receipt of a reasonable plan of
operation as prescribed hereinabove, the zoning administrator shall present the plan to the
planning commission for review and the planning commission shall make its recommendation to
the board of supervisors. The board of supervisors may issue the permit with or without
conditions to ensure compliance with this ordinance unless they find that the applicant has had
control or has had common control with a person, partnership, association, trust or corporation
which has a borrow pit permit revoked or bond or other security forfeited for failure to reclaim
lands as required by the provisions of this ordinance.
It shall be unlawful for any owner or owners of surface rights or the owner or owners of mineral
rights to interfere with the operator in the discharge of his obligations to the county for the
reclamation of land disturbed by him. If the owner or owners of surface rights or the owner or owners
of mineral rights desire to conduct other mining operations on land disturbed by the operator
furnishing bond hereunder, such owner or other person shall be in all respects subject to the
provisions of this ordinance and the zoning administrator shall then release an equivalent amount of
bonds to the operator originally furnishing bond on the disturbed area.
11. Application for permit; adjoining landowners. ..... In addition to all other notice requirements
contained in this ordinance and otherwise required by law, all property owners located within
one thousand (1,000) feet of the property line of any land proposed to be permitted shall be
notified by first class mail at least ten (10) days prior to the planning commission's public
hearing. The zoning administrator shall be responsible for this notification.
12. Succession of one (1) operator by another at uncompleted project. ..... Where one (1) operator
succeeds another at the uncompleted operation, whether by sale, assignment, lease, merger or
otherwise, the board of supervisors may release the first operator from all liability under this
ordinance as to that particular operation; provided, however, that the successor operator has
been issued a permit and has otherwise complied with the requirements of this ordinance, and
the successor operator assumes, as part of his obligation under this ordinance, all liability for
the reclamation of the area of land affected by the first operator. No fee, or any portion thereof,
paid by the first operator shall be returned to either operator. The permit fee for the successor
operator for the area of land permitted by the first operator shall be as prescribed for a new
application in Table 3 (fee schedule for zoning applications). The permit for the successor
operator shall be valid for the remaining period left on the original permit.
13. Notice of noncompliance served on operator. ..... The zoning administrator may cause a notice
of noncompliance to be served on the operator whenever the operator fails to obey any order by
the zoning administrator to:
a. Apply the control techniques and institute the actions approved in the operations and
reclamation plan;
b. Comply with any required amendments to the operations or reclamation plan;
c. Comply with any other requirement of this ordinance;
d. A copy of the notice shall be delivered to the operator or served by certified mail addressed
to the operator at the permanent address shown on the application for a permit. The notice
shall specify in what respects the operator has failed to obey the order of the zoning
administrator and shall require the operator to comply with the order within a reasonable
period of time as fixed by the zoning administrator, following service for the notice. If the
operator has not complied with the requirements set forth in the notice of noncompliance
within the time limits fixed therein, the board of supervisors shall revoke the permit and
declare the forfeiture of the entire bond, which, when collected, shall be used by the
County of Isle of Wight in performing reclamation under the provisions of this ordinance.
14. Additional bond to cover amended estimate of land to be disturbed. ..... If, during any operation,
it is found that the operator's estimate of the amount of disturbed land for which bond or other
security has been posted for reclamation is less than the actual area disturbed, the zoning
administrator shall order the operator to file additional bond or security sufficient to cover an
amended estimate of land to be disturbed by such operation.
15. Life of permit. ..... All permits issued for borrow pits by the board of supervisors will be for a
period of five (5) years from the date of issuance. Any extension of time or renewal of said
permits would require new applications filed in accordance with all of the terms of this
ordinance.
I. Scrap and salvage service. ..... A scrap materials, and salvage service may be permitted as a
conditional use when consistent with the zoning district regulations, provided:
1. Such facilities shall be screened from view with a solid fence or wall along all property lines six
(6) feet in height, except for approved access crossing and utility easements. Said fence or wall
shall be located interior to any required buffer or landscape strip and shall present a finished
side to the exterior property line(s).
2. Vehicles shall not be stored or stacked so that they are visible from any adjacent properties.
J. Shipping container. ..... The placement, use and storage of shipping containers shall be authorized
only as follows:
1. Shipping containers used in conjunction with bona fide agricultural uses are exempt from the
provisions of this part, except that shipping containers used in conjunction with bona fide
agricultural uses shall:
a. Not be visible from any road or adjacent residential uses.
2. Shipping containers used for any other use besides a bona fide agricultural use shall adhere to
the following provisions:
a. The shipping containers are used in the active transport of goods, wares or merchandise in
support of a lawful principal use of the property.
b. The shipping containers are placed or stored in areas depicted on an approved site plan.
c. Shipping containers shall not be stored in salvage yards. Furthermore, there shall be no
storage of raw materials and shipping containers simultaneously on any property.
d. The shipping containers must comply with development criteria relating to setbacks for
principal buildings in the industrial district where permitted and landscape buffer yards.
e. Shipping containers shall not be stacked to exceed a total of three (3) containers or thirty-
eight (38) feet in height, whichever is less. Stacked containers must comply with the
Virginia Statewide Fire Prevention Code, as amended.
f. Shipping containers shall not be visible from any property zoned or used for residential
purposes.
g. No shipping container shall be used as a residence or to support a residential use or home
occupation.
h. No shipping container shall be placed on or otherwise block or restrict access to fire
hydrants, fire lanes or required parking spaces. (7-7-05; Ord. No. 2012-10-C, 10-18-12.)
K. Towing service storage yard. A towing service storage yard may be permitted as a conditional
use when consistent with the zoning district regulations, provided:
1. Such facilities shall involve temporary storage (typically ninety (90) days or less) of inoperable
motor vehicles.
2. Inoperable, junk, wrecked vehicles shall be completely screened from view with a solid fence or
wall six (6) feet in height, except for approved access crossing and utility easements. Such fence
or wall shall be uniform and durable, and shall present a finished side to the exterior property
line(s). Such fence shall be properly maintained and located interior to any required buffer or
landscape strip.
3. No junk, wrecked vehicles or parts thereof shall be collected or stored outside the required fence
or in piles more than six (6) feet in height.
4. With the exception of the removal of tires and rims, the on-site dismantling of vehicles is
prohibited, as well as the collection or storage of any material containing or contaminated with
dangerous explosives, chemicals, gases, combustible or radioactive substances.
5. Such facilities shall be operated and maintained in such a manner as not to allow the breeding of
rats, flies, mosquitoes or other disease carrying animals and insects (7-7-05; Ord. No. 2012-10-C,
10-18-12, 6-19-14).
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Section 9-1005 of the Isle of Wight County Code
be amended and reenacted as follows:
Sec. 9-1005. General sign restrictions and prohibitions.
A. Pertaining to all signs.
1. Signs that revolve or that utilize movement or apparent movement to attract the attention of the
public are prohibited.
2. Signs, which contain or consist of pennants, balloons, ribbons, streamers, banners, spinners,
strings of lights, or other similar moving or stationary devices, are prohibited, unless otherwise
specifically allowed by section 9-1004 of this ordinance.
3. Signs that are attached to or utilize utility poles, trees or other signs are prohibited. Signs
attached to fences or walls are prohibited unless otherwise specifically allowed by this
ordinance.
4. Signs advertising activities, which are illegal under federal, state, or local laws or regulations,
are prohibited.
5. Except for movie theater and fuel price signs, changeable sign copy shall not be incorporated
into a sign face, unless the changeable component of the sign face occupies less than half the
total area of the sign face. If changeable copy is used, it shall be located adjacent to or
integrated into the sign face, and lettering shall be of a single style and of uniform color and
size.
6. Signs and advertising structures shall not obstruct any window, door, fire escape, stairway,
ladder or opening intended to provide light, air or ingress and egress for any building or
structure.
7. The placement or attachment of signs on roofs is prohibited.
8. The parking of a vehicle to which a sign is attached for display purposes or the use of such a
vehicle for a portable sign shall be prohibited, except for political campaign signs which shall be
regulated by subsection 9-1004.C.
9. Wayside stands shall be allowed one (1) freestanding sign or one (1) facade sign, attached to
the wayside stand, no larger than four (4) square feet in size and a maximum of six (6) feet in
height.
B. Facade signs.
1. No facade sign shall be higher than the peak of the roof or the parapet wall of any building to
which the sign is attached.
2. No projecting sign shall extend more than forty-eight (48) inches from the building or structure it
is attached to.
C. Freestanding signs.
1. No signs or supporting structures shall be located within or over any public right-of-way unless
specifically approved by the regulatory authority.
2. No sign may be erected so that by its location, color, size, shape, nature, or message it would
tend to obstruct the view of or be confused with official traffic signs or other signs erected by
governmental agencies.
3. No sign may be located within the sight triangle as determined by this ordinance or so that it
interferes with the view necessary for motorists to proceed safely through intersections or to
enter onto or exit from public streets or private roads.
4. Portable and off-premises signs shall be prohibited unless otherwise specifically allowed by this
ordinance. (7-7-05; 8-21-08; 12-18-08; 11-4-09, 6-19-14.)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Section 9-1006 of the Isle of Wight County Code
be amended and reenacted as follows:
Sec. 9-1006. Permitted signs.
A. Facade identification signs. ..... Each nonresidential establishment, except for planned
developments, home occupations, and shopping centers, regulated separately, shall be allowed a
total of one (1) facade sign attached to a wall or building unit containing the establishment. Such sign
shall be limited to not more than ten percent (10%) of the area of the wall fronting or facing a public
street or highway, or two hundred (200) square feet, whichever is less, and shall meet the following
standards:
1. All signage on an individual parcel shall utilize a coordinated and cohesive design for all
lettering and logo colors, sizes, fonts, and images.
2. In the Village Center District, nonresidential establishments shall be limited to a total of one (1)
facade sign, limited to not more than five percent (5%) of the area of wall fronting or facing a
public street or highway or fifteen (15) square feet, whichever is less.
3. In the case of mixed-use buildings which are not shopping centers, each building shall be
allowed a total of one (1) facade sign attached to an exterior wall. Such sign shall be limited to
not more than ten percent (10%) of the area of the wall it is attached to or forty (40) square feet,
whichever is less.
4. Each establishment or, in the case of mixed use buildings which are not shopping centers, each
building is allowed one (1) projecting sign in lieu of one (1) facade sign, which meets the
following standards:
a. Each projecting sign shall be limited to not more than ten percent (10%) of the area of the
wall fronting or facing a public street or highway, or forty (40) square feet in size, whichever
is less.
b. Nonresidential establishments in the Village Center District shall be limited to five (5)
square feet in size, or less.
c. All projecting signs shall be mounted such that the bottom of the sign is a minimum of eight
(8) feet above grade.
5. Canopy or awning signs shall be allowed in addition to the one (1) facade sign or one (1)
projecting sign, provided that the total sign square footage for the nonresidential establishment
does not exceed the maximum allowed by section 9-1006 for facade signs. The area of canopy
of awning signs shall be calculated as specified in section 9-1008.
a. Canopies or awnings used for building accents over doors, windows, etc. shall not be
internally lit (i.e., from underneath or behind the canopy or awning). Canopies or awnings
containing lighting fixture that illuminate only items below the canopy or awning, but not the
canopy or awning itself, shall be permitted.
B. Freestanding identification signs. ..... Each nonresidential establishment, except for planned
developments, home occupations, shopping centers, and those located in the Highway Corridor
Overlay (HCO) District or the Newport Development Service Overlay (NDSO) District, regulated
separately, shall be allowed a total of one (1) freestanding sign per lot or parcel which must meet
one of the design options below.
1. Design options.
a. One (1) freestanding identification sign, limited to no more than sixteen (16) square feet in
size and a maximum of six (6) feet in height, and meeting the following setbacks:
i. Where the right-of-way is greater than or equal to fifty (50) feet, the minimum setback
is five (5) feet from the edge of the right-of-way.
ii. Where the right-of-way is less than fifty (50) feet, the minimum setback is thirty (30)
feet from the centerline of the road.
b. One (1) freestanding identification sign, limited to no more than thirty-two (32) square feet
in size and a maximum of six (6) feet in height, and meeting the following setbacks:
i. Where the right-of-way is greater than or equal to fifty (50) feet, the minimum setback
is fifteen (15) feet from the edge of the right-of-way.
ii. Where the right-of-way is less than fifty (50) feet, the minimum setback is forty (40)
feet from the edge of the centerline of the road.
c. One (1) freestanding identification sign, limited to no more than fifty (50) square feet in size
and a maximum of eight (8) feet in height, and meeting the following setbacks:
i. Where the right-of-way is greater than or equal to fifty (50) feet, the minimum setback
is thirty-five (35) feet from the edge of the right-of-way.
ii. Where the right-of-way is less than fifty (50) feet, the minimum setback is sixty (60)
feet from the centerline of the road.
2. Construction standards for freestanding signs. ..... All freestanding signs, except for home
occupation signs or signs located in the Highway Corridor Overlay (HCO) District or the
Newport Development Service Overlay (NDSO) District shall be monument-type signs, double-
post signs, or single-post signs, and shall comply with the following standards:
a. Monument-type signs.
i. The width of the base of the sign shall be equal to or greater than the width of the sign
face.
ii. The height of the base of the sign shall be less than or equal to the height of the sign
face.
iii. The total height of the sign, including the base, shall be less than the width of the
base.
iv. Sign shall be masonry, wood, high density urethane (HDU), or composite panel made
from natural and recycled materials which are designed to simulate wood.
v. Materials, colors, and shapes of proposed signs shall be compatible with the related
building(s) located on the site and signs and buildings on adjacent and nearby
properties.
vi. Shrubs, flowers, or other landscaping materials which do not obscure the sign face
shall be incorporated into the sign installation area.
vii. Signs shall be sufficiently visible from street rights-of-way so that the site entrances
can be readily identified by both pedestrians and persons in vehicles.
viii. Color schemes shall be subtle and the majority of the sign structure shall be limited to
earth tones or historic palettes which have been specifically identified for the area.
ix. All signage on an individual parcel shall utilize a coordinated and cohesive
design for all lettering and logo colors, sizes, fonts, and images and shall all be
constructed utilizing the same materials.
b. Double-post signs.
i. Sign structure shall be allowed two (2) mounting posts, set at least seventy-five
percent (75%) of the total sign length apart.
ii. Mounting posts shall be a minimum size of four-inch by four-inch or five-inch diameter.
iii. Total sign structure height shall not exceed six (6) feet.
iv. Sign shall be wood, high density urethane (HDU), or composite panel made from
natural and recycled materials which are designed to simulate wood.
v. Materials, colors, and shapes of proposed signs shall be compatible with the related
building(s) located on the site and signs and buildings on adjacent and nearby
properties.
vi. Sign face shall be a minimum of one and one-half (1½) inches thick.
vii. Shrubs, flowers, or other landscaping materials which do not obscure the sign face
shall be incorporated into the sign installation area.
viii. Signs shall be sufficiently visible from street rights-of-way so that the site entrances
can be readily identified by both pedestrians and persons in vehicles.
ix. Color schemes shall be subtle and the majority of the sign structure shall be limited to
earth tones or historic palettes which have been specifically identified for the area.
x. All signage on an individual parcel shall utilize a coordinated and cohesive design for
all lettering and logo colors, sizes, fonts, and images and shall all be constructed
utilizing the same materials.
c. Single-post signs.
i. Single-post signs may be utilized in RAC, RR, and VC Districts, or for historical
markers in any district.
ii. Sign structure shall be a single, vertical mounting pole.
iii. Sign face shall not be attached directly to the vertical mounting pole and shall utilize a
mounting arm attached perpendicular to the vertical mounting pole.
iv. Signs shall not exceed eight (8) feet in height.
v. Sign area shall not exceed four (4) square feet.
vi. Signs shall be sufficiently visible from street rights-of-way so that the site entrances
can be readily identified by both pedestrians and persons in vehicles.
vii. Color schemes shall be subtle and the majority of the sign structure shall be limited to
earth tones or historic palettes which have been specifically identified for the area.
viii. All signage on an individual parcel shall utilize a coordinated and cohesive design for
all lettering and logo colors, sizes, fonts, and images and shall all be constructed
utilizing the same materials.
C. Planned developments.
1. Planned developments shall meet the standards and guidelines of section 9-1006 unless a
master signage plan is submitted and approved by the board of supervisors as part of the
master development plan specific to the project.
2. In the case of a master signage plan for the parcel, changes which do not have a significant
impact on the architectural character or overall quality of the development may be approved by
the planning commission as a minor modification. Minor modifications may include:
a. Increase in the total allowable sign square footage for each parcel by less than ten percent
(10%).
b. Changes to the sign design standards such as allowing additional colors, construction
materials, or mounting fixture styles.
3. In the case of a master signage plan for the parcel, changes which are deemed by the planning
commission to have a significant impact on the architectural character or overall quality of the
development shall be considered a major modification, requiring approval of a master plan
amendment by the board of supervisors. Major modifications may include:
a. Increase in the total allowable sign square footage for each parcel by more than ten
percent (10%).
b. Changes to sign setbacks or height limitations.
c. Increase in the total number of signs for each parcel.
d. Changes to sign illumination standards which may increase light spillover onto adjacent
properties or establishments.
D. Home occupations.
1. Home occupations are allowed one (1) freestanding sign per parcel, limited to no more than four
(4) square feet in size and four (4) feet in height and meeting the following setbacks:
a. Where the right-of-way is greater than or equal to fifty (50) feet, the minimum setback is
five (5) feet from the edge of right-of-way.
b. Where the right-of-way is less than fifty (50) feet, the minimum setback is thirty (30) feet
from the centerline of the road.
2. Home occupation signs shall not be illuminated.
E. Shopping centers.
1. All signage within or related to the shopping center shall utilize a coordinated and cohesive
design for all lettering and logo colors, sizes, fonts, and images, and freestanding signage shall
all be constructed utilizing the same materials.
2. Individual establishments within a shopping center shall each be allowed one (1) facade
identification sign which does not exceed ten percent (10%) of the area of the wall frontage
dedicated to that establishment.
3. In lieu of a facade identification sign, individual establishments within a shopping center shall
each be allowed one (1) projecting sign which does not exceed ten percent (10%) of the area of
the wall frontage dedicated to that establishment or twelve (12) square feet, whichever is less.
a. Projecting signs utilized in the Village Center District shall be limited to five (5) square feet
in size.
b. All projecting signs shall be mounted such that the bottom of the sign is at least eight (8)
feet above grade.
4. Shopping centers shall be allowed one (1) freestanding identification sign per road frontage, not
to exceed two (2) per development, and each limited to no more than fifty (50) square feet in
size and eight (8) feet in height, and meeting the following setbacks:
a. Where the right-of-way is greater than or equal to fifty (50) feet, the minimum setback is
thirty-five (35) feet from the edge of right-of-way.
b. Where the right-of-way is less than fifty (50) feet, the minimum setback is sixty (60) feet
from the centerline of the road.
5. Freestanding identification signs for shopping centers shall meet the construction standards as
specified in subsection 9-1006.B.2.
6. Freestanding identification signs for shopping centers which include more than one (1) name or
logo on the sign face shall utilize a coordinated and cohesive design for all lettering and logo
colors, sizes, fonts, and images installed on the sign.
7. Out parcels platted as part of a shopping center shall be allowed one (1) facade identification
sign per establishment, not to exceed ten percent (10%) of the area of the wall facing a public
street.
8. Out parcels platted as part of a shopping center shall not be allowed individual freestanding
signs.
9. Individual establishments which are located on the same parcel but which are not part of a
platted shopping center shall be permitted one (1) combined freestanding sign which meets the
design options and construction standards of subsection 9-1006.B.
F. Highway Corridor Overlay (HCO) District and Newport Development Service Overlay (NDSO)
District.
1. Establishments located within the Highway Corridor Overlay (HCO) District and the Newport
Development Service Overlay (NDSO) District shall be allowed one (1) freestanding
identification sign, limited to no more than fifty (50) square feet in size an a maximum of eight
(8) feet in height, and meeting the following setbacks:
a. Where the right-of-way is greater than or equal to fifty (50) feet, the minimum setback is
thirty-five (35) feet from the edge of the right-of-way.
b. Where the right-of-way is less than fifty (50) feet, the minimum setback is sixty (60) feet
from the centerline of the road.
2. Freestanding signs for establishments located in the Highway Corridor Overlay (HCO) District or
the Newport Development Service Overlay (NDSO) District shall meet the following construction
standards:
a. Establishments with a building area of ten thousand (10,000) square feet or less shall
construct either a monument-type sign as specified in subsection 9-1006.B.2.a. or a
double-post sign as specified in subsection 9-1006.B.2.b.
b. Establishments with a building area greater than ten thousand (10,000) square feet shall
construct a monument-type sign a specified in subsection 9-006.B.2.a.
G. Directional signage.
1. Civic, office, commercial, and industrial use types, as defined in article III, shall be allowed one
(1) freestanding directional sign per building entrance, not to exceed four (4) signs per parcel.
Directional signage which is exempt per section 9-1003 shall not be included in this total
number of signs calculation.
2. Directional signage shall meet the construction and design standards in subsection 9-1006.B.
for all freestanding signs, unless exempt per section 9-1003.
3. The area of directional signs over four (4) square feet in size shall be calculated as specified in
section 9-1008.
H. Residential uses.
1. Residential subdivisions, multifamily developments, and mobile home parks shall be allowed
one (1) freestanding identification sign per public entrance, meeting the setback and design
standards of subsection 9-1006.B.
I. Electronic Message Board Signs
1. Only one (1) message board per premise is permitted. Such boards shall be permitted only when
incorporated with a permitted freestanding sign and shall not exceed fifty percent (50%) of a
permitted individual freestanding sign area.
2. Such signs shall not be restricted to white lighting.
3. The rate of change for the electronic message shall comply with Section 9-1009.H contained
herein and the Virginia Department of Transportation’s regulations. (7-7-05; 11-4-09, 6-19-14)
NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County
Board of Supervisors that Appendix B, Zoning, Section 9-1009 of the Isle of Wight County Code
be amended and reenacted as follows:
Sec. 9-1009. Sign illumination and signs containing lights.
Unless otherwise prohibited by this ordinance, signs shall be illuminated using white lighting,
provided such illumination is in accordance with this section.
A. External lighting shall be encouraged and shall be provided by concealed and/or screened spot
or flood lights and shall be arranged and installed so that direct or reflected illumination does not
exceed twenty-five hundredths (0.25) footcandle above background measured at the lot line of
any adjoining residential property or street right-of-way.
B. Internal lighting shall be discouraged and shall be limited to internal light contained within
translucent letters and/or logos and provided that the background or field on which the copy
and/or logos are placed, is opaque and the area illuminated is restricted to the sign face only.
The direct or reflected illumination shall not exceed twenty-five hundredths (0.25) footcandle
above the background, measured at the lot line of any adjoining residential property or street
right-of-way.
C. No sign within one hundred fifty (150) feet of any residential zone may be illuminated between
the hours of 12:00 midnight and 6:00 a.m.
D. Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign
and does not shine directly into any public or private right-of-way or residential dwelling.
E. Internally illuminated signs are not permissible in any residential districts.
F. Internally illuminated freestanding signs may not be illuminated during hours that the business
or enterprise advertised by such sign is not open for business or in operation. This subsection
shall not apply to the following types of signs:
1. Signs that constitute an integral part of a vending machine, telephone booth, and signs that
only indicate the time, date, or weather conditions, or similar device whose principal
function is not to convey an advertising message.
2. Signs that do not exceed two (2) square feet in size and that convey the message that a
business enterprise is open or closed or that a place of lodging does or does not have a
vacancy.
G. Illuminated tubing or strings of lights that outline property lines, sales areas, rooflines, doors,
windows, or similar areas are prohibited. This requirement shall not apply to temporary signs or
sign devices erected in connection with the observance of legal holidays.
H. No sign may contain or be illuminated by flashing lights. This requirement shall not apply to
temporary signs or sign devices erected in connection with the observance of legal holidays.
(7-7-05; 11-4-09, 6-19-14)
Adopted this 19th day of June, 2014.
______________________________________
Byron B. Bailey
Chairman of the Board of Supervisors
Attest:
_________________________________
Carey Mills Storm, Clerk
Approved as to Form:
_________________________________
Mark Popovich
County Attorney
ISSUE:
Staff Report - County Bond Rating and Agency Feedback
BACKGROUND:
County representatives met with the major bond rating agencies,
including Moody’s, Standard & Poor’s and Fitch Ratings on
June 2-3, 2014 to provide an overview of the County’s planned
bond refunding and updated financial status and strategies.
Staff will provide the Board of Supervisors with an overview of the
feedback received from the bond rating agencies at the Board’s
meeting on June 19, 2014.
BUDGETARY IMPACT:
There is no budgetary impact.
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS:
None
ISSUE:
Staff Report – Twice Per Year Personal Property Billing and
Motion to Authorize Staff to Implement Personal Property Billing
Twice Annually
BACKGROUND:
Currently, the County bills for personal property taxes in December
of each year. By moving to twice per year personal property tax
billing in December and June of each calendar year, the County
would receive a one-time windfall in cash of approximately $6M to
$7M in Fiscal Year 2014-2015. This one-time funding would be
used to backfill the unassigned general fund balance and prevent
the County from breaching its policy of 10% of budgeted
governmental expenditures which is anticipated in FY 2014-2015.
BUDGETARY IMPACT:
Implementation of twice per year personal property tax billing
would generate approximately $6M to $7M in FY 2014-2015.
RECOMMENDATION:
Adopt a motion authorizing the implementation of twice per year
personal property tax billing.
ATTACHMENTS:
None
ISSUE:
Resolution to Amend Chapter 1: Personnel, Article V, Sections
5.1 and 5.2 of the County Policy Manual Concerning Annual
Leave Accrual and Payment
BACKGROUND:
Chapter 1: Personnel, Article V, Sections 5.1 and 5.2 of the
County Policy Manual currently defines the maximum number of
unused annual leave days that may be accrued and carried over
from one fiscal year to another. Amendment of the policy’s
wording of the maximum number of days that may be carried
over (currently stated as 36 days) to the hourly equivalent (288
hours) would aid in bringing consistency and clarification to the
policy.
Additionally, Sections 5.1 and 5.2 provide for the payment of
unused annual leave at a maximum amount of 36 days (288
hours) at the time of employment termination. Amendment of
the policy would allow, in instances of reduction in force, the
payment of an employee’s actual unused accrued annual leave
with no maximum cap enforced.
BUDGETARY IMPACT:
The maximum anticipated budgetary impact of this amendment is
$1,755 per existing leave balances.
RECOMMENDATION:
Adopt a Resolution to Amend Chapter 1: Personnel, Article V,
Sections 5.1 and 5.2 of the County Policy Manual.
ATTACHMENTS:
Resolution
RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE V,
SECTIONS 5.1 AND 5.2 OF THE COUNTY POLICY MANUAL
WHEREAS, the County has established guidelines for the accrual of
annual leave and payment of annual leave upon employment termination as
part of Chapter 1: Personnel, Article V, Sections 5.1 and 5.2 of the County
Policy Manual; and
WHEREAS, the Board of Supervisors desires to amend Chapter 1:
Personnel, Article V, Sections 5.1 and 5.2 of the County Policy Manual to
clarify the maximum number of annual leave hours that may be carried over
from one fiscal year to another and to provide for, in instances of reduction in
force, the payment of actual unused accrued annual leave with no maximum
cap enforced.
NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel,
Article V, Sections 5.1 and 5.2 of the County Policy Manual is hereby
amended as follows:
Chapter 1: Personnel
ARTICLE V
Leave Provisions
(Revised September 1, 2005, December 15, 2005, February 2, 2006,
April 5, 2007; October 2, 2008; January 8, 2009; June 19, 2014)
Section 5.1
(Revised April 5, 2007; June 19, 2014)
Calculated
Annual leave for regular full-time employees shall be calculated at the end of
each pay period in accordance with the following schedule:
Total Years Hours Days
Of Service Per Month Per Year Maximum
0 to 5 8 12 36 days 288 hours
5+ to 10 10 15 36 days 288 hours
10+ to 15 12 18 36 days 288 hours
15+ to 20 14 21 36 days 288 hours
20 or more 16 24 36 days 288 hours
Regular full-time employees on leave without pay for more than half of the
workdays per pay period will not accumulate annual leave hours for that pay
period.
*Employees may exceed the maximum accrual amount of 36 days 288 hours
during the fiscal year; however, no more than 36 days 288 hours may be carried
over from one fiscal year to the next fiscal year. Any days hours over thirty-six
(36) 288 hours will be automatically added to the sick leave balance up to a
maximum of eighty (80) hours per fiscal year.
New Hires
New hires shall accrue annual leave for the month of initial hire according to the
date of hire as follows:
Date of Month Percent of Annual Leave Accrued
1st to 7th 100%
8th to 23rd 50%
24th to last 0%
Section 5.2
(Revised June 19, 2014)
Approval
The earliest possible notice, preferably two weeks, of intent shall be given by any
employee who is eligible to take annual leave. Annual leave taken without prior
approval may not be paid.
Each department shall be responsible for the scheduling of annual leave of its
employees and doing so without decreasing the operating efficiency of the
department.
Employees shall be paid for unused accrued annual leave up to the allowed
maximum of 36 days 288 hours at the time of retirement, resignation,
termination, or death. In instances of reduction in force, an employee shall be
paid for their actual unused accrued annual leave with no maximum cap
enforced.
Adopted this 19th day of June, 2014.
_______________________________
Byron B. Bailey, Chairman
__________________________
Carey Mills Storm, Clerk
Approved as to Form:
___________________________
Mark C. Popovich, County Attorney
June 19, 2014/asc/Designated Emergency Response Plan Standards
ISSUE:
Resolution to Approve the Fire & Rescue Designated Emergency
Response Agency Standard
BACKGROUND:
Fire and Emergency Medical Services (EMS) in Isle of Wight
County are provided by a combined force of career and volunteer
personnel. The Code of Virginia § 32.1-111.4 empowers the
State Board of Health to prescribe regulations related to
emergency medical services. Virginia Administrative Code
(VAC) 12VAC5-31-610 further defines designated emergency
response agency standards. 12VAC5-31-610 requires that
designated emergency response agencies shall develop or
participate in a written local EMS response plan, in coordination
with their locality, which addresses the following items:
Develop response intervals that best serve the interest of
patients, citizens and visitors of Isle of Wight County which
are 90% or greater in compliance of a defined time frame in
which an agency can respond and or arrive at the scene of a
medical emergency 90% or greater of all calls.
Provide 24 hour emergency medical services (EMS) coverage
to meet response intervals.
Identify a plan of action in the event that an agency is unable
to conform to the plan.
Document and review the response interval standards and
provide a copy of the review of those standards to the
Operational Medical Director and to all applicable governing
bodies.
June 19, 2014/asc/Designated Emergency Response Plan Standards
The Department of Emergency Services has developed a
Designated Emergency Response Action Standard to meet these
requirements. The five (5) volunteer agencies, Carrollton
Volunteer Fire Department, Isle of Wight Volunteer Rescue
Squad, Windsor Volunteer Rescue Squad, Carrsville Volunteer
Fire Department, and Smithfield Volunteer Fire Department have
agreed to operate under the County’s Designated Emergency
Response Action Standard.
RECOMMENDATION:
Adopt a resolution to adopt the Designated Emergency Response
Agency Standard
ATTACHMENTS:
- Resolution
- Designated Emergency Response Plan
- Map of Rescue Service Districts
June 19, 2014/asc/Designated Emergency Response Plan Standards
RESOLUTION TO ADOPT THE DESIGNATED EMERGENCY
RESPONSE PLAN STANDARD
WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia recognizes the need to provide fire and emergency services to the
citizens of the county; and,
WHEREAS, the County of Isle of Wight has a responsibility to
provide for the safety and well being of its citizens and visitors; and,
WHEREAS, the County’s Emergency Medical System is comprised
of career staff from the Department of Emergency Services and volunteer
personnel from the County’s seven fire and EMS volunteer agencies; and,
WHEREAS, the five (5) volunteer agencies have agreed to operate
under the County’s Designated Emergency Response Plan Standard; and,
WHEREAS, Virginia Administrative Code (VAC) 12VAC5-31-610
requires that designated emergency response agencies shall develop or
participate in a written local EMS response plan, in coordination with their
locality.
NOW, THEREFORE, BE IT RESOLVED that the Board of
Supervisors of the County of Isle of Wight, Virginia officially adopts the
Designated Emergency Response Plan Standard.
BE IT FURTHER RESOLVED that the Chief of Emergency Services,
or his/her designee, is tasked and authorized to maintain and revise, as
necessary, this document.
Adopted this 19th day of June, 2014.
________________________
Byron B. Bailey, Chairman
________________________
Carey Mills Storm, Clerk
Approved as to form:
__________________________________
Mark Popovich, County Attorney
P.O. BOX 80 ISLE OF WIGHT VIRGINIA 23397 (757) 357-3191
THE COURTHOUSE
Designated Emergency Response Agency Standard
6.1 Purpose
Establish a plan that conforms to Virginia Code 12VAC5-31-610, establishing a Designated Emergency
Response Agency Standard throughout Isle of Wight County.
Develop response intervals that best serve the interest of patients, citizens and visitors of Isle of Wight
County which are 90% or greater in compliance of a defined time frame in which an agency can respond
and or arrive at the scene of a medical emergency 90% or greater of all calls.
Provide 24 hour emergency medical services (EMS) coverage to meet response intervals.
Identify a plan of action in the event that an agency is unable to conform to the plan.
Document and review the response interval standards and provide a copy of the review of those standards
to the Operational Medical Director and to all applicable governing bodies.
6.2 Primary Service Area
The primary service area for each agency is the specific geographical area designated or prescribed by the county
in which an agency provides emergency services. Such areas are defined as an EMS district for each agency and
all locations identified within said designated district or prescribed geographic area are those which the agency
shall be principally dispatched as the first due response agency.
6.3 Organization
Isle of Wight County’s EMS system is comprised of career and volunteer personnel throughout four (4) separately
licensed Emergency Medical Service (EMS) agencies and three (3) other volunteer fire departments. These
organizations are recognized as integral parts of the official public safety program for Isle of Wight County.
Primary service areas are identified below. Agencies not assigned primary districts are support agencies.
Carrollton Volunteer Fire Department (00806) District 4 Central
Carrsville Volunteer Fire Department (01052) District 1 South
Smithfield Volunteer Fire Department (00310) District 3 North
Isle of Wight Volunteer Rescue Squad (00310) District 3 North
Windsor Volunteer Rescue Squad (00311) District 2 South
Isle of Wight Department of Emergency Services (01052) All Districts
Page 2 June 13, 2014
6.3.1 Each agency is authorized by the local governing body to provide fire and emergency services to the citizens
of the county. Each individually licensed agency is capable of providing Advanced Life Support (ALS) and Basic
Life Support (BLS). In the event Fire or EMS response is not able to be fulfilled or significantly delayed, mutual
aid agreements do exist with surrounding jurisdictions.
6.4 Responding Interval Standards
Out the door time – Elapsed time between the dispatched time and the responding unit en-route time.
1.- Staffed Unit --------------- 90 seconds or less 90% of the time
2.- Un-Staffed Unit ---------- 10 min. or less 90% of the time
3.- System Performance ---- 4 min. or less 90% of the time
Response time – Elapsed time between the dispatched time and the first responding unit on scene time.
1.- Staffed Unit -------------- 16 min. or less 90% of the time
2.- Unstaffed Unit ----------- 20 min. or less 90% of the time
3.- System Performance ---- 16min. or less 90% of the time
6.4.1 If the designated response agency finds it is unable to respond or significantly delayed, the call shall be
referred to the closest available agency or unit. If the designated response agency finds it is able to respond, the
agency shall notify dispatch of its availability. If the designated agency determines in advance that it will be
unable to respond for a specific period of time, it shall notify dispatch.
6.5 Review
Response Intervals will be reviewed and updated as necessary on an annual basis. Any discrepancies will
be made available to the Operational Medical Director for review.
6.6 Approval
This document is approved as the Local EMS response plan and service coverage as evidenced by the
signatures that follow.
________________________________________________________________________________
(name, title, date) Isle of Wight County Government
____________________________________________________________________
(name, title, date) Isle of Wight Dept. of Emergency Services
________________________________________________________________________________
(name, title, date) Carrollton Volunteer Fire Department
________________________________________________________________________________
(name, title, date) Carrsville Volunteer Fire Department
________________________________________________________________________________
(name, title, date) Smithfield Volunteer Fire Department
______________________________________________________________________
(name, title, date) Isle of Wight Volunteer Rescue Squad
Page 3 June 13, 2014
_________________________________________________________________________
(name, title, date) Windsor Volunteer Rescue Squad
_________________________________________________________________________
(name, title, date) Operational Medical Director
CDC Waiver Fee Request Letter, CBM, June 19, 2014
ISSUE:
Motion to Deny a Request from the Rushmere Community
Development Corporation to Waive Public-Private Partnership
Proposal Review Fee for the Hughes Heritage Waterman Trail
and Conservation Project
BACKGROUND:
The Rushmere Community Development Corporation (RCDC)
has requested that the Board of Supervisors waive the $10,000
Public-Private Partnership Proposal Review Fee included in the
County’s adopted Public-Private Education Facilities (PPEA) and
Infrastructure Act of 2002 and Public-Private Transportation Act
(PPEA/PPTA) Guidelines for the RCDC’s Hughes Heritage and
Waterman Conservation Project. The RCDC has received a
planning grant from the National Park Service to develop a
concept plan for revitalizing the Tyler’s Beach-Hardy Park area.
At this time, the County has not received a public-private
partnership proposal from the RCDC.
Staff recommends denying the fee waiver request. The initial
$10,000 Proposal Review Fee is designed to help offset direct
expenses incurred by the County in determining the viability and
cost/benefits of potential public-private partnership projects that
may require investment of taxpayer funds. Expenses associated
with conducting such an evaluation may include, but are not
limited to, staff costs, outside consultants, financial advisors, and
engineers’ and attorney’s fees. An additional fee of $15,000 is
also required per the PPEA/PPTA Guidelines should the project
proceed beyond initial review.
Additionally, in the event the initial processing fee and additional
proposal fee are insufficient to cover all direct costs incurred by
the County in reviewing the proposal, the proposer is required to
pay additional direct costs incurred by the County.
CDC Waiver Fee Request Letter, CBM, June 19, 2014
BUDGETARY IMPACT:
There are no costs associated with denying the request. Should
the Board of Supervisors waive the fee, the budgetary impact
may be $10,000 or more depending on the complexity of the
project proposal and analysis required to determine the viability
and benefit of the project to the County.
RECOMMENDATION:
Adopt a Motion to Deny a Request from the Rushmere
Community Development Corporation to Waive Fees included in
the County’s Public-Private Partnership Guidelines for the
Hughes Heritage Waterman Trail and Conservation Project
ATTACHMENTS:
RCDC Fee Waiver Request Letter
Page 1 of 2
Mission: “Empowering individuals to become productive citizens through education, housing, and economic development.”
Isle of Wight County Board of Supervisors
Rudolph Jefferson, Hardy District Representative
5073 Owens Lane,
Smithfield, VA 23430
Re: Requesting Fee Waiver
Dear Mr. Jefferson:
The plight of Hardy District Parks and Recreation unmet needs, as well as, the Isle of Wight
County job loss, are creating cultural, socio-economic, health and wellness disparities for the
children, families, and adults, living within the Hardy District. Rushmere Community
Development Corporation (RCDC) is requesting that the Isle of Wight Board of Supervisors
Waive the $10,000.00 fee that has recently been adopted into the County’s guidelines for
handling unsolicited Public-Private Partnership proposals.
RCDC has served as a Community Organization Partner with Isle of Wight County Parks and
Recreation, Office on Youth, and Department of Social Services, since it was established in
2005. RCDC’s team will be coordinating with the Planning and Zoning Director, the Director of
Parks & Recreation, and the Hardy District Board of Supervisor throughout the proposal
development phase.
First, over the past 30 years, the local Waterman have seen a ninety four percent (94%) decrease
minority license holders in commercial crabbing, fishing, oyster harvesting, boat manufacturing,
since the County acquired the land known as the Tyler’s Beach Harbor of Refuge. This disparity
has caused a significant part of the generational heritage to become extinct, as well as proving an
opportunity for recreational boating and family wellness activities to be almost nonexistent.
Second, for the past 5 years, Smithfield Foods, Inc. have lain off over 5,000 employees, at least
55% of those laid off were employed in the Smithfield Plant on North Church Street, Smithfield,
Virginia. The most recent layoffs took place on Wednesday, May 14, 2014. Many of those
affected are Hardy District residents. To date, no new jobs have been created in the Hardy
District, comparable to the manufacturing processing jobs that were lost, causing added stress to
those physically inactive families that were impacted.
Third, the County received a land proffer of 50 acres from Timberline Development Company in
order to create the Hardy District Park and name it in honor of past Hardy District Board of
Supervisor, Henry H. Bradby. In 2008 Land Mark Design Group was contracted to develop a
Hardy Park Master Plan, which resulted in a Parks and Recreation Concept, Trails, Park System
connections, totaling more than $16.7 Million. As of January 2013, Delineation of Wetlands
4814 Old Stage Hwy
Mailing: 4796 Old Stage Hwy
Smithfield, VA 23430
Phone: (757) 279-0861
Email: rushmerecdc@gmail.com
May 20, 2014
Page 2 of 2
Mission: “Empowering individuals to become productive citizens through education, housing, and economic development.”
permitting efforts have expired and the County’s initial funding has been 100% removed from
the annual budget.
Solution: In support of the Isle of Wight County Department of Parks and Recreation Strategic
Plan, Rushmere Community Development Corporation (RCDC) came before the Board of
Supervisors in June 2013, proposing to enter into a Public-Private Partnership with the Isle of
Wight County that will enable the County to fulfill its Vision, “Your community partner in fun and wellness”, and Mission, “A community of partners in fun and wellness for
all generations”. RCDC, will serve as the Lead Organization Partner to develop a Concept
Plan for the Tyler Beach-Hardy Park Area, that demonstrates the Core Values of the Strategic
Plan, while meeting the Goals and Objectives identified by the Isle of Wight Department of
Parks and Recreation.
The Concept phase of the Hughes Heritage and Waterman Conservation Project is well
underway, with technical assistance being provided by the National Park Service Rivers, Trails,
and Conservation Assistance Program, and a summer Intern from Norfolk State University
beginning on Tuesday May 20, 2014, We invite your participation in the concept planning
process this summer, as we prepare the proposal to be delivered to Isle of Wight County by
September’s Board Meeting.
Thank you in advance for your favorable consideration regarding this matter.
Sincerely,
Rosa Turner
Rosa Turner, President
Enclosures: Hughes Heritage and Waterman Conservation Project 2-page handout
CC: Anne Seward, County Administrator
Mark Popovich, County Attorney
Mark Furlo, Director of Isle of Wight Parks and Recreation
Beverly Walkup, Director of Isle of Wight Zoning and Planning Department
Mary Keeylen, Chairperson, Rushmere Community Development Corporation
Alma Price, Treasure, Rushmere Community Development Corporation
Ursula Lemanski, Project Manager, National Park Service Rivers, Trails, and Conservation
Assistance Program
7728
Tyler Beach and the Harbor of Refuge
Overview
This project is a complex, multi-dimensional initiative to improve community health, assist underserved
communities including youth, the elderly and veterans, and improve quality of life for area residents. The
project will also preserve and celebrate the area’s rich heritage, and work with partners to develop
connections between park lands, historic resources, fort sites and natural areas along the James River.
Tyler Beach and the Harbor of Refuge have an intriguing and dynamic history. In 1890, Native
Americans Bolden Bradby and Thomas Hughes traveled from the north side of the James River, near
Charles City County and settled in Rushmere, on the river’s south shore. In 1967, descendants of Bradby,
Hughes, and a third family, the Tylers, deeded to Isle of White County, 43+/- acres and approx. 1-acre on
the James River for “construction, operation, and maintenance of a public harbor of refuge.” Named on
the deed were, Laura Hughes-Claggett, Mary Hughes Harris, Eliza Hughes, Willie Hughes, Thomas
Hughes III, Ann C. Tyler, and Alice R. Wilson.
Although the harbor was developed, and the public access has supported local watermen, in recent years it
has fallen into disrepair. The Rushmere Community Development Corporation (RCDC) is proposing a
public-private partnership to revitalize the area, providing a place for families to fish, relax, access the
river, view wildlife, and hear about local history from storytellers that grew up in the community. It will
also serve as a S.T.E.M. vocational education hub for students interested in architecture, conservation,
marine science, engineering, boat manufacturing, environmental stewardship, and careers in technology.
For more Information Contact: Rosa Turner, Chairperson
Rushmere Community Development Corporation
4796 Old Stage Hwy
Smithfield, VA 23430
757-279-0861
rushmerecdc@gmail.com
____________________________________________________________________________________
Hughes Heritage Waterman Trail and Conservation Project
__________________________________________________________________________________________________
Anticipated Outcome: Preservation and revitalization of the Tyler Beach area to serve as a community
center, park and water access that expands opportunities for youth, elderly, and veterans, and supports and
complements economic development, working waterfronts, and job growth
Program Goals
Although it is early in the project’s development, initial meetings with the Rushmere community have
identified several areas of interest including the following:
1. Recreation, Parks and Trails
- expansion of recreational facilities at Tyler Beach and the adjacent county parkland, and
development of a trail system that connects elements and links to fort sites along the James
2. Waterman Heritage
- development of a management strategy to allow for continued use of area by local
waterman
- document local waterman history and develop educational programming to expand public
awareness
- incorporate apprenticeship/job skills training to expand opportunities for those interested in
fishing and maritime trades
3. Environmental Restoration and Navigation
- Multi-agency initiative coordinated by the Army COE and Isle of Wight County to dredge
the harbor and restore the area using environmentally sustainable methods
4. Community Health and Wellness
- Programming and case management services to address problems related to chronic
disease for residents of Isle of Wight County
Next Steps
– Work with Isle of Wight County to establish public-private partnership to oversee project
development and establish a citizen’s advisory committee to provide input into the process.
– Complete needs assessment to document and map existing conditions; including community goals,
issues, challenges and opportunities.
– Analyze potential uses for the area in collaboration with the local community, park planners,
technical experts, waterman and other local interests; identify preferred uses and activities and
assess cost implications, funding options, and technical feasibility.
– Work with project partners to produce a final conceptual plan and strategy for long-term
management and on-going maintenance of facilities.
Partners
_______________________________________________________________________________
Rushmere Community Development Corporation
Army Corps of Engineers
Cheroenhaka (Nottoway) Indian Tribe
Department of Health and Human Services
Department of Veterans Affairs
Duke University Fuqua School of Business
Fair Oaks Sunday School
Ferguson Grove Community Outreach
First Gravel Hill Baptist Church
Isle of Wight County
Lowe’s Foundation
National Park Service-RTCA
Norfolk State University
Obici Healthcare Foundation
Old Dominion University
Providential Credit Care Management, Inc.
The Home Depot Foundation
USDA Rural Development
Virginia State University
Virginia Tech University
Walmart Foundation
WTG Design Architects, LLC
June 19, 2014/tjw/Convenience Center Hours Change
ISSUE:
Convenience Center Hours Change
BACKGROUND:
As a part of the FY15 budget, the Board of Supervisors approved changes
to the Convenience Center operating hours. In an effort to notify the
public of the new hours, the following measures are being implemented
prior to the change which will be effective on July 1, 2014.
Pamphlets and Refrigerator Magnets will be available at the
Smithfield Visitor Center, General Service Building, County
Administration Building and all Convenience Center locations.
Convenience Center Attendants will distribute pamphlets to site
visitors.
New hours of operation will be posted in the area newspapers.
The PEG Channel will display the new hours of operation.
The website will display the new hours of operation and offer
downloadable pamphlets and maps.
Convenience Center signage will reflect new hours of operation and
a map of the nearest alternative sites.
The Solid Waste Division will perform site maintenance and provide
training to attendants on convenience center operation, safety and
customer service on days these sites are closed.
BUDGET IMPACT:
The reduced operational hours will result in a savings of approximately
$139,000.00.
RECOMMENDATION:
For the Board’s information only.
ATTACHMENTS:
Convenience Center Pamphlet
June 19, 2014/tjw/County Facility Space Changes
ISSUE:
Staff Report - County Facility Space Changes
BACKGROUND:
In an effort to provide better services to the businesses and citizens of
the County, a central permitting office will be developed that will offer
a single location for those that are required to receive a permit for any
zoning, construction or land disturbing activities. The central
permitting office will become the one location to submit applications,
process payments and issue permits.
In order to accommodate this initiative, several departments will need
to be relocated to provide the best possible service to our citizens and
businesses.
Staff will provide a presentation to briefly describe the new process and
show the new locations of each department.
RECOMMENDATION:
Receive the Presentation.
ATTACHMENT:
None
ISSUE:
Tyler’s Beach Solutions and Strategies
BACKGROUND:
Tyler’s Beach is a public boat harbor that currently houses
approximately seventeen (17) boats (private and commercial)
ranging in size from twenty (20) to forty (40) feet. A boat launch,
maintenance yard, and public beach are also located on the
property.
The County currently charges $250 per year to moor at the
harbor. This fee includes use of the maintenance yard and
electricity. In order to accommodate the commercial fishermen’s
need to work with the changing tides, the facility is open twenty-
four (24) hours a day.
Challenges
Bulkhead is in need of replacement
Channel is in need of dredging
Damage to facility
No designated slips
Feral and stray animals
Abandoned property at the facility
People living on their boats or camping on the property
Disorderly conduct
Individuals failing to register their boats
Sunken dilapidated boats
Excessive debris in the maintenance yard
Solutions and Strategies
In order to improve safety and security and enhance the viability
of Tyler’s Beach Boat Harbor, a comprehensive approach will be
required to address the challenges of this valuable County
resource.
Immediate Steps To Address Challenges
The following actions have been taken and/or coordinated by the
Department of Parks and Recreation to address some of the
challenges at Tyler’s Beach:
Six 40 gallon trash cans have been removed from the site to
deter citizens from disposing of household waste on the
property
Sheriff’s Office has committed to increased enforcement of
ordinances such as park facility leash law, public intoxication,
and alcohol in park facilities.
Short and Long-Term Options and Strategies
Staff offers the following options for moving forward:
1) Close the Facility
2) Continue to Operate As Is
3) Enhance Enforcement of Policies and Ordinances
The Department of Parks and Recreation has not had the
resources to enforce policies and ordinances at Tyler’s Beach
since 2008. At that time funding for a Deputy to staff the
facility twenty hours per week was eliminated from the
Sheriff’s Department Budget. The mechanism to enforce the
policies and ordinances is vital to the success of the operation
of the facility.
The following options are provided to improve the
enforcement of policies and ordinances at Tyler’s Beach:
Option A – Make additional funding available to the Isle of
Wight Sheriff’s Office to pay over-time for regular periods
of enforcement throughout the year. Deputies would be
limited to enforcement of ordinances only
(approximately 800 hours at a cost of $26,000).
Option B – Hire a 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. A full–time staff person would also have an
opportunity to interact with patrons on a regular basis.
Although Tyler’s Beach would be the main site, this staff
person would also have authority to enforce ordinances in
all County Parks.
Option C - Pursue the removal of delinquent and
abandoned boats (approximately $20,000).
The Department of Parks & Recommendation recommends
the implementation of Options B and C above to provide the
ability to enforce both ordinances and policies at Tyler’s
Beach and other County parks, as well as remove unsightly
boats that have been abandoned by their owners and
languished in the harbor for long periods of time.
4) Other Operational Changes
The Department of Parks & Recreation recommends the
implementation of a number of operational changes to address
the current challenges at Tyler’s Beach including:
Adjustment of the hours of operation to dawn to dusk
exempting registered boat owners and their agents or
guests.
Closure of the boat yard that was constructed to allow boat
owners space to make repairs to their boats. This space can
be repurposed to impound delinquent boat owner’s
property.
5) Capital Improvements
In addition to the previously mentioned operational changes, a
number of capital improvements are needed to bring Tyler’s
Beach up to an adequate condition and service level. The
following capital improvements are recommended:
Installation of a gate that operates on a timer
(approximately $15,000) to allow registered boat owners
and their agents or guests 24 hour access to their boats.
Address major facility renovations included in the County’s
Capital Improvement Program leveraging Health
Department Boating Infrastructure Grant Funds.
6) Revenue Enhancements
Staff recommends the implementation of the following fee
increases and new fees to assist in paying for enhancements to
Tyler’s Beach:
Monthly slip fees 20 vessels at $150/month $36,000
Boat launch annual passes at $100 and one time
launch at $10 (250 @ $100 and 1,000 @ $10 35,000
Bid Seafood sales annual lease agreement 2,500
$73,500
BUDGETARY IMPACT:
The overall budgetary impact would be an increase of $11,500
($85,000 in additional expenditures less $73,500 in additional
revenues).
Expenditures
Park Ranger $50,000
Gate $15,000
Removal of boats $20,000
$85,000
RECOMMENDATION:
Approve the recommendations above as follows:
Adopt the attached policy amendments.
Direct staff to advertise the attached ordinances for a public
hearing.
Option B to hire a full-time Park Ranger to enforce the
proposed ordinances and policies
Close the boat maintenance yard for use as an impound
facility.
Install a gate that operates on a timer to provide 24 hour
access to registered boat owners and their agents, or guests
(approximately $15,000).
Pursue the removal of delinquent and abandoned boats
(approximately $20,000). Adjust the hours of operation to
dawn to dusk exempting registered boat owners and their
agents or guests.
Direct staff to prepare a budget amendment to reflect proposed
fees, projected revenue, and costs outlined in this report.
Address major facility renovations in the County’s Capital
Improvement Program leveraging Health Department Boating
Infrastructure Grant Funds.
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 1.15 li, 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 1.15 li, No bullets or numbering, Tabstops: Not at 3" + 4.5"
Formatted: Space After: 10 pt, Line spacing:
Multiple 1.15 li, Tab stops: Not at 3" + 4.5"
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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
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Formatted: Space After: 10 pt, Line spacing:
Multiple 1.15 li
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"
ISSUE:
Motion to Authorize Implementation of a New Branding Logo
for Isle of Wight County
BACKGROUND:
In early 2014, the Isle of Wight County Marketing Committee
was tasked with “branding” Isle of Wight County. The goal was
to give a cohesive, professional and contemporary look to all
materials bearing the County’s name.
At the Board’s regular meeting in April, four branded logos were
presented for consideration. The Board narrowed the selection to
one logo symbol with two different type configurations and fonts
and authorized an on-line survey to elicit responses from the
public regarding which of the two final logo proposals was the
most representative of the County. Voting ended on May 16,
2014.
Staff will provide to the Board the voting results at the June 19,
2014 meeting. If approved, new branding materials will begin to
be rolled out by July 1.
BUDGETARY IMPACT:
No direct budgetary impact.
RECOMMENDATION:
Authorize the County Administrator and Isle of Wight staff to
immediately implement the new logo and branding.
ATTACHMENT:
None
June 19, 2014/asc/Vol. Fire & Rescue Facility Use Agreements
ISSUE:
Volunteer Fire & Rescue Facility Use Agreement Update
BACKGROUND:
Staff will provide the Board of Supervisors with an update on the
Facilities Use Agreements executed by the volunteer fire &
rescue departments.
At its regular meeting on May 15, 2014, the Board of Supervisors
adopted a motion authorizing the County Administrator to enter
into a Facilities Use Agreement with each of the volunteer fire &
rescue departments, and in the event the departments do not
execute the agreement by the Board’s June 19, 2014 regular
meeting, the Board will consider withholding all designated
funding, capital and operating, from each non-compliant
department until such time as an agreement is executed with that
department.
BUDGETARY IMPACT:
There is no budgetary impact.
RECOMMENDATION:
Authorize the County Administrator to withhold all operational
funding to each department until such time as the department
signs and returns the signed facility use agreement.
ATTACHMENTS:
Letter to Volunteer Fire & Rescue Departments
June 19, 2014/cbm/Vol. Fire & Rescue Vehicle Titling Agreements
ISSUE:
Motion Authorizing the County Administrator to Enter into a Fire
& Rescue Vehicle Lease Agreement with Volunteer Fire &
Rescue Departments
BACKGROUND:
At its regular meeting on May 15, 2014, the Board of Supervisors
adopted a motion directing staff to review an existing
Memorandum of Understanding (MOU) between the County, the
Town of Windsor, and Windsor Volunteer Fire Department to
ensure that the provisions contained within the MOU do not
prohibit the County from entering into a vehicle lease agreement
with the Windsor Volunteer Fire Department and directed that
action on the issue of vehicle leasing with all emergency services
departments would be taken at the Board’s June 19th regular
meeting.
Staff, in consultation with the County Attorney, has reviewed the
MOU. There are no provisions within the existing MOU that
would prohibit the County from entering into a vehicle lease
agreement with the Windsor Volunteer Fire Department.
Further, the County Attorney has recommended some minor
modifications to the original Vehicle Lease Agreement
previously provided to the Board for legal edits that are only
technical in nature, based upon provisions of law contained in the
Code of Virginia.
BUDGETARY IMPACT:
There is no budgetary impact to entering into vehicle leasing
agreements with the volunteer fire & rescue departments.
June 19, 2014/cbm/Vol. Fire & Rescue Vehicle Titling Agreements
RECOMMENDATION:
Adopt a motion authorizing the County Administrator to enter
into a Vehicle Lease Agreement with the volunteer fire & rescue
departments and to withhold any further expenditure for capital
purchases for fire and rescue equipment until such time as all
organizational agreements are signed and returned.
ATTACHMENTS:
- Letter to Volunteer Fire & Rescue Departments
- Vehicle Lease Agreement as Revised and Recommended with
Legal Edits
VEHICLE LEASE AGREEMENT
THIS VEHICLE LEASE AGREEMENT, made and entered into this _____ day of May, 2014,
by and between ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS, a political
subdivision of the Commonwealth of Virginia, herein referred to as “Lessor,” whose address is
17090 Monument Circle, Isle of Wight, Virginia 23397, and
______________________________, a volunteer [fire/rescue] organization located in Isle of
Wight County, Virginia, herein referred to as “Lessee”, whose address is
.
WHEREAS, Lessee is a volunteer [firefighting/emergency medical services] organization
organized pursuant to Section 27-8 of the Code of Virginia (1950, as amended); and
WHEREAS, Section 27-15.2 of the Code of Virginia (1950, as amended) provides that
the governing body of every city, town or county shall have the power to provide for the
purchase, operation, manning and maintenance of suitable equipment for [fighting
fires/performing emergency medical services] and to prescribe the terms and conditions upon
which the same will be used for [fighting fires/performing emergency medical services]; and
WHEREAS, Section 27-23.6 of the Code of Virginia (1950, as amended) provides that
any county, city or town may contract with or provide for any volunteer [firefighting/emergency
medical services] companies or associations in the county, city or town for the [fighting of
fires/provision of emergency medical services] and if such provisions are made by the county,
city or town the [firefighting/emergency medical services] company shall be deemed to be an
instrumentality of the county, city or town and as such exempt from suit for damages done
incident to [fighting fires/providing emergency medical services] therein and said statute further
provides that any county, city or town may provide [firefighting/emergency medical services] to
its citizens by using both government employed and volunteer company or association
[firefighters/emergency medical services personnel] and if such system is utilized the volunteer
companies and/or associations shall be deemed an instrumentality of the county, city or town and
as such exempt from suit for damages done incident to providing such service for the county,
city or town.
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants
contained herein, and pursuant to the Code of Virginia, Title 27, Chapter 2, Article 1, the parties
hereto enter into the following agreement:
1. EQUIPMENT DESCRIPTION.
The property subject of this Lease Agreement is described as follows:
Page 2 of 5
All motor vehicles previously purchased or funded, in whole or in part, by the Lessor and titled
in the Lessee’s name, shall be, upon execution of this Lease Agreement, re-titled to the Lessor
for purposes of this Lease Agreement and all motor vehicles which may be purchased in the
future by Lessor that are or will be used for the specific purpose of providing [fire/rescue/EMS]
services to the citizens of Isle of Wight County, Virginia shall be assigned to Lessee by the Isle
of Wight County Board of Supervisors, which includes the following vehicles:
1) .
2) .
3) .
4) .
5) .
6) .
The above property, whether a single item or multiple items, including all component parts,
attachments, spare parts, interchangeable parts, service tools, and manuals, is hereinafter referred
to collectively as the “Equipment.”
The Equipment is leased to Lessee “as is,” the Lessee having had opportunity to inspect the
Equipment and to determine that it suited Lessee's intended use and purpose. Lessor makes no
warranty whatsoever as to the Equipment other than the warranty that Lessor has good
title to same and has full authority to enter into this lease.
2. RENTAL TERM.
Lessor agrees to lease to Lessee the Equipment for a term of One (1) year for the purpose of
allowing the Lessee to provide [fire/rescue/EMS] services to the area designated by Isle of Wight
County, Virginia in accordance with the laws, regulations, and rules governing such service
providers in the Commonwealth of Virginia, and as further set forth in the applicable response
plan(s) as adopted by the Isle of Wight County Board of Supervisors, as they may be amended
from time to time, and as the needs for such services require, as shall be deemed necessary by
agreement of the parties. It is understood that this Lease agreement shall automatically renew
unless terminated by either party. It is further understood and agreed between the Lessor and
Lessee that either party may terminate this Lease by giving the other party thirty (30) days
written notice of the intention to terminate.
3. EQUIPMENT TO REMAIN LESSOR'S PROPERTY.
No title or right in the Equipment shall pass to Lessee except the lease rights expressly granted
herein. The Equipment shall always remain and be deemed the personal property of the Lessor
and/or its assignees. Name plates or other markings may be affixed to or placed on the
Page 3 of 5
Equipment indicating that Lessor is the owner. Lessee may affix to or place on the Equipment
such signage or markings as may be otherwise required to comply with applicable laws and
regulations. Upon the termination of this lease, Lessee will immediately return, at Lessee's
expense, the Equipment to Lessor in as good a condition as received less normal wear, tear and
depreciation.
4. ASSIGNMENT BY LESSEE.
Lessee shall not assign or sublease any interest in this Agreement or to the Equipment without
the Lessor's prior written consent which consent shall be at Lessor's sole and absolute discretion.
5. INSURANCE.
Lessor agrees to maintain automobile physical damage coverage on the Equipment. Lessee shall
be responsible for maintaining automobile liability insurance on the vehicles in the minimum
amount of $2,000,000 per accident and $5,000,000 in the aggregate. The Lessor, its officers and
employees shall be endorsed as an "additional insured" on the Automobile Liability policies by
Lessee and it shall be stated that this coverage "is primary to all other coverage the Landlord may
possess". A Certificate of Insurance evidencing the additional insured status must be presented
to the Lessor along with a copy of the Endorsement. The Lessee agrees to fully indemnify and
hold harmless Lessor for any and all liability arising out of its use of the Equipment.
6. REPLACEMENT OF LOST/DAMAGED EQUIPMENT.
Lessee agrees to replace or repair the Equipment, at Lessee's sole expense, should any of the
Equipment be stolen, lost or damaged, as a result of Lessee’s negligence and/or unauthorized use
of the Equipment, which is not covered by Lessor’s insurance. In such instance, said replacement
is to be of the same manufacture, series, and model and shall be new. Such replacement shall be
made within thirty (30) days from such loss or as may be extended by Lessor, and shall be made
to Lessor's and/or its assignees' satisfaction. Lessee further agrees to immediately notify the
Lessor and/or its assignee in writing in the event of such loss. For purposes of this Section 6, the
determination of whether a use is authorized or unauthorized shall be as set forth in the
Emergency Vehicle Use Policy as described in Section 8 below.
7. OPERATOR RESTRICTIONS
Lessee agrees and certifies that the Equipment subject to this Lease shall be operated only by
those who have successfully completed an emergency vehicle operation course as required by
applicable laws and regulations. At Lessor’s sole discretion, Lessee shall provide Lessor proof
of successful completion of such course. Lessee shall have all course completion certifications
on file for Lessor’s review and inspection.
In addition to the course certification restrictions found above, operators of the Equipment
subject to this Lease shall be subject to criminal background checks. An operator found to have
a conviction(s) of Driving While Intoxicated (DWI) or Driving Under Influence (DUI) within the
last five (5) years, shall not be allowed to operate any of the Equipment subject to this Lease.
Page 4 of 5
Any damage caused by an Equipment operator found to have a conviction(s) of Driving While
Intoxicated (DWI) or Driving Under Influence (DUI) within the last five (5) years, shall be the
sole responsibility of Lessee.
8. VEHICLE USE POLICY
Lessee agrees to be bound by the terms, conditions and restrictions found in the attached
Emergency Vehicle Use Policy. Receipt is acknowledged with the execution of this Lease.
9. NOTICE.
Any notice required to be given by this lease shall be made in writing by certified mail with
return receipt requested, to the following addresses, or to such other addresses as the parties may
substitute by notice in writing to the other party:
Lessor: P.O. Box 80, Isle of Wight, Virginia 23397, Attn: County Administrator
Lessee:
10. GOVERNING LAWS.
Regardless of the location of any of the Equipment or the place of business of Lessee or Lessor,
this lease shall be governed by the laws of the Commonwealth of Virginia.
11. FUNDING
The parties hereby acknowledge and agree that all costs associated with Lessor’s provision of
those items set forth herein shall be charged directly by Lessor to Lessee’s adopted operating
budget as it may be adopted by the Isle of Wight County Board of Supervisors for each fiscal
year.
12. ENTIRE UNDERSTANDING.
This written agreement contains the entire understanding of the parties, there being no promises
or undertakings, written or oral, other than those expressly set forth herein and this agreement
shall be deemed to supersede any and all other agreements between the parties related to the
subject matter hereof.
Both parties participated in the drafting of this lease, and there shall be no presumption against or
for either party in the event of a dispute over the construction of this lease.
Page 5 of 5
In witness whereof, the parties have executed this lease on the _____ day of ______, 2014.
ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
______________________ (SEAL) Approved as to Form:________________________
Byron B. Bailey, Chairman County Attorney
COMMONWEALTH OF VIRGINIA
COUNTY OF ISLE OF WIGHT, To Wit:
I, __________________________, a Notary Public in and for the State and County
aforesaid, do hereby certify that Byron B. Bailey, Chairman of the Isle of Wight County Board
of Supervisors, personally appeared before me in my State and County aforesaid and
acknowledged the same.
Given under my hand this __________ day of ______________, 2014.
My commission expires:
___________________________
Notary Public
[fire/rescue/ems squad name]
______________________ (SEAL)
______________________
Title: _________________
COMMONWEALTH OF VIRGINIA
COUNTY OF ISLE OF WIGHT, To Wit:
I, __________________________, a Notary Public in and for the State and County
aforesaid, do hereby certify that ________________________, _________________ of the
[fire/rescue/ems squad name], personally appeared before me in my State and County aforesaid
and acknowledged the same.
Given under my hand this _____ day of _________________, 2014.
My commission expires:
___________________________
Notary Public
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. Western Tidewater Health District Pilot Program – Business Hours
2. Social Services Monthly Report
3. Monthly Reports: Delinquent Tax Information and Statement of
Treasurer’s Accountability
4. Employee Service Awards Recognition Event
5. Transportation Matters Quarterly Update
6. Blackwater Safety Review Update
7. Route 258 Safety Review Update
8. Central Hill Baptist Church Safety/Signage Review Update
THE COURTHOUSE
Memorandum
TO: Anne F. Seward, County Administrator
Don Roberson, Director of Information Resources and Legislative Affairs
FROM: Jamie Oliver, Transportation Project Manager
SUBJECT: Transportation Matters Update
DATE: June 10, 2014
The County is managing several transportation related projects in various stages of funding, design, and
construction. Attached, please find a spreadsheet summarizing the current status of the County’s
projects and maintenance issues.
Please note that only ongoing or unresolved citizen requests handled through the General Services
Department are listed. Short-term requests that are handled through coordination with the VDOT
Residency and/or resolved at the County’s monthly VDOT coordination meetings are not listed. If you
have questions on the status of a particular citizen request that is not listed, please call me at (757) 365-
1653.
\jlo
Project
Type/Manager District Description Current Status VDOT Response
1 Streetlights {JO}Newport
Citizen request for installation of new streetlight
fixtures on Booker T Drive, Ashby Way E., Melissa
Drive and maintenance of existing streetlight
fixtures throughout the County.
Staff is developing a policy
proposal for streetlight
installation and maintenance
outside of those managed
through the Subdivision
process.N/A
2
Rural
Rustic/Rural
Addition Policy
{JO}Countywide
Citizen requests for easier access to "the list" of
unpaved road priorities.
Staff is developing a policy
proposal for managing the RRR
and RA programs, evaluating all
existing roadways on "the list"
for compliance criteria, and
developing website access to
the information.
3
Safety/Signage
Study Route 637
Central Hill {JO}Carrsville
Central Hill Baptist Church requested a safety review
due to dangerous traffic when pulling out of the
Church parking lot.
Staff concurred with submission
to VDOT.
VDOT has reviewed, and is
recommending new signage.
VDOT has filed a work order
for signage installation by
VDOT staff.
Policy & Maintenance Issues
TRANSPORTATION MATTERS
4
Speed
Study/Safety
Study Route 603
Blackwater Rd.
{JO}Carrsville
Citizen request for safety study after fatal accident
in 02/2014.Report submitted to Board.
VDOT will install updated
signage in the cooridor.
5
Speed
Study/Safety
Review on Route
258 from Five
Forks to Town
limits. {JO}Windsor
Citizen complaint regarding speeding and speed
limit changes between Five Forks and the Town of
Windsor. Engineering staff determined the corridor
to be a priority due to the Windsor Sidewalk
construction project and added the study to the
construction project. Report submitted to Board.
VDOT recommends no change
at this time.
6
St. Luke's Church
median cut {JO}Windsor
St. Luke's Church requested that the median cut to
the main entrance on Route 10 (Benns Church Blvd)
be widened to better align with the actual parking
lot entrance for those making a right turn from
southbound Route 10.
Coordinating NO LEFT TURN
signage with VDOT.
VDOT will complete curb cut
when NO LEFT TURN signage
installed.
7
Rainbow Road
Flooding {JO}Newport
Citizen complaints about habitual flooding and
erosion on Rainbow Road.
Staff submitted to VDOT. VDOT
developed a short-term fix.
Long-term fix will require
funding.
Pavement work should be
conducted this construction
season, May--Nov 2014.
8
Route 58
Pedestrian
Crossings {JO}Carrsville
Franklin Lumber has requested flashing pedestrian
signals to accompany the existing crosswalk on
Route 58. In foggy conditions, motorists are not
seeing pedestrians and there have been several
complaints of near-accidents.
Staff has submitted to VDOT for
review.
9
Gatling Pointe
South {DJ/JO}Newport
HOA complaints regarding drainage sinkholes
(Stormwater--DJ) and sidewalk repairs
(Transportation--JO).
Staff coordinating with VDOT to
determine responsibility for
sidewalk repairs.
VDOT is only responsible for
maintenace within the R/W.
Portion of sidewalk were
constructed outside of the
R/W. Plat research is being
conducted by VDOT
Egnineering.
10
Great Springs Rd
Rescue Squad
Signage {ML/JO}Hardy
Request to change the RESCUE SQUAD signage that
VDOT installed on the Route 10 bypass.
Staff submitted graphic to VDOT
of preferred signage.
VDOT determined that
submittal does not meet
current standards. VDOT Staff
is looking for simliar options
that will meet MUTCD
standards.
11
Washington Ave
Drainage {DJ/JO}Carrsville
Citizen reported property flooding along
Washington Ave. After Staff and VDOT review, it
was determined that the problem could not be fixed
with maintenance funds and would require
significant improvement to the roadway and the
drainage infrastructure along Washington Ave--
including acquiring additional R/W, utility relocation,
and road reconstruction.
Staff is exploring options for
using the County's stormwater
program to help facilitate an
improvement.
Project is outside of the scope
of the general Residency
maintenance funds.
12
Orbit Road
Bridge
replacement
(UPC 91168)Windsor
VDOT Administered project to replace the Orbit
Road (Route 637) bridge. Fully funded.
Project is on-schedule. Detour
expected in place for 6-8
months.
13
Hampton Roads
2040 Long
Range
Transportation
Plan (2040 LRTP)
{JO}
Countywide
Region wide
This is a 4 year process by Hampton Roads Planning
District Commission (HRPDC). Engineering staff
serve on the LRTP subcommittee at the HRPDC. This
yr focuses on project selection and prioritization.
Project list is going through the
prioritization process.N/A
Project
Type/Manager District Description Estimate Current Status VDOT Response
1 Rural Rustic {JO}Carrsville Hardy Paving 2.2 miles of Pope Swamp Trl,
Revenue Sharing (50/50 match)
$716,075 Construction complete. Construction contract
closed. Inspection contract closed. Design
contract closed.
Waiting for VDOT to
complete C5 close out to
transfer remaining funds
to new priority.
2 Rural Rustic {JO}Hardy Paving 1.2 miles of Halltown Rd, Revenue
Sharing (50/50 match)
$400,000 same same
3 Rural Rustic {JO}Carrsville Paving 1.8 miles of Ballard Rd, Revenue
Sharing (50/50 match)
$475,000 same same
4 Rural Rustic {JO}Windsor Hardy Paving 0.58 miles of Poor House Rd,
Revenue Sharing (50/50 match)
$153,870 Discussion of contract warranty in reference
to existing damage
VDOT Pavement Engineer
conducting assessment.
5 Rural Rustic {JO}Hardy Paving miles of White House Rd, Revenue
Sharing(50/50 match)
$125,000 Construction complete. Construction contract
closed. Inspection contract closed. Design
contract closed.
same
6 Rural Addition {JO}Newport Paving 0.6 miles of Yellow Rock Rd. $211,274 90% package submitted to VDOT. Ad estimate
July 2014.
VDOT agreed to install site
drainage fix prior to
advertisement.
7 Rural Addition {JO}Hardy Paving 0.4 miles of Poplar Dr. $211,273 90% package submitted to VDOT. Ad estimate
July 2014.
8 Sidewalk {JO}Windsor Design & construct 1-1.5 miles of sidewalk
adjacent to Windsor Middle School. 100%
funding w/HSIP funds and CMAQ funds.
$664,000 Project underway. Pedestrian bridge
construction scheduled for June-July 2014.
Completion estimate Oct 2014.
9*Turn Lane
{VDOT/JO}
Hardy Route 258/620. Improve right turn lane, add
left turn lanes. RSTP Funds (non-matching)
$1.2-$2.4 million R/W acquisition increased due to design
modifications. Cost estimate increased by
approximately $300,000 due to design and
R/W increases.
Project schedule extended
6 months due to design
changes.
TRANSPORTATION MATTERS
Project Management
10 Turn Lane {JO}Windsor
Smithfield
Add right turn lane at Turner Drive/Rt 10.
RSTP Funds (non-matching)
$300,000 Scope and fee under review. Project drafted
into SYIP for adoption May 2014.
SYIP adjustments to be
adopted by CTB July 2014.
11 Sidewalk {JO}Smithfield Design and construct 1.5 miles of sidewalk in
Smithfield to connect the Town and Great
Springs Road with Westside Elementary
School. (Estimate based on 30% plans.)
$986,000 30% design completed with ARRA funds.
Partial CMAQ funding allocated in 2015.
Completion of Windsor Sidewalk construction
may advance this project.
12 Intersection
Improvements {JO}
Windsor Route 10/258/32 (Benns Church/Benns
Grant) intersection improvements. Revenue
Sharing (50/50 match)
$5.1 million 60% Plans complete. R/W acquisition
complete. Anticipate Final Plan submittal July-
Aug 2014.
VDOT has authorized
submission of final plans.
13 Nike Park Multi-
Use Trail {JO}
Smithfield
Windsor
Newport
Pedestrian/Bicycle trail from Town of
Smithfield to Nike Park. Seg 1: Battery Park
to Nike Park Road intersection. Seg 2:
intersection to Nike Park. Seg 3: Battery Park
to Smithfield Station Bridge. Transportation
Enhancements (80/20 match)
$7.8 million Segment 1: Authorized to aquire R/W. Under
way. Segment 2: Bridge at 90%, R/W
authorization submission estimate July 2014.
Segment 3: In coordination with the Town.
R/W Seg 1 approved.
14 Rural Rustic {JO}Newport Paving 0.3 miles of Twin Hill Lane $150,000 90% package submitted to VDOT. Ad estimate
July 2014.
VDOT agreed to install site
drainage fix prior to
advertisement.
15 Rural Rustic {JO}Smithfield Hardy Paving 0.3 miles of Country Way $219,200 same VDOT agreed to install site
drainage fix prior to
advertisement.
16 Rural Rustic {JO}Hardy Paving 0.7 miles of Holly Point Way $251,700 same VDOT agreed to install site
drainage fix prior to
advertisement.
*VDOT Administered. This update is for informational purposes only. These projects are designed and constructed by the District and the County has courtesy review and notification of, but no authority over the funding, design,
or timeline for these projects.
THE COURTHOUSE
Memorandum
TO: Anne F. Seward, County Administrator
Don Roberson, Director of Information Resources and Legislative Affairs
FROM: Jamie Oliver, Transportation Project Manager
SUBJECT: Route 603 Blackwater—VDOT Safety Review
DATE: June 10, 2014
The County recently requested a safety review of the Route 603 (Blackwater Road) corridor, due to
citizen concerns following the recent fatal car accident in the area. VDOT completed the safety review
(attached) of Route 603 from Buck Run Lane to Pear Tree Lane. This roadway segment is included in
the County’s Secondary Six Year Improvement Program (SSYIP) for reconstruction including
widening and paving, but is unfunded at this time.
VDOT’s review of crash history found no reported accidents from 2008 to 2012. VDOT found that
the crash report for the accident in February 2014 was attributed to driver behavior (cell phone use and
speeding >80 mph) not roadway conditions.
VDOT’s report recommended several signage updates for the corridor including replacement of out-
dated and poor condition signage. VDOT has scheduled these replacements for completion by VDOT
Staff in the short-term (30-60 days). The road reconstruction project will remain in the County’s
SSYIP as a long-term solution to safety and connectivity concerns, although there is currently no
estimate on project completion due to funding limitations.
\jlo
Remove existing CURVE
WARNING signs
New W5-1 ROAD NARROWS
sign with Advisory Speed Plaque
Upsize existing ROAD NARROWS
sign and add Advisory Speed Plaque
Refresh existing CURVE
WARNING signs and Advisory
Speed Plaques – Trim
vegetation obscuring signs
1
Weber, Robert. (VDOT)
From:Lomax, Joe E (VDOT)
Sent:Thursday, May 01, 2014 4:57 PM
To:Weber, Robert. (VDOT)
Subject:FW: Dangerous Section of Road-603 Blackwater Rd. IOW
Attachments:image004.emz
Rob,
Please take a look at this stretch, and I will see if maintenance staff can do the same in conjunction with your
recommendations. It is in the Six Year plan, but we may be able to do some things, as that will be some time off as we
wait for funding and design.
Thanks
Joe
Joseph E. Lomax II
Franklin Residency Administrator|23116 Meherrin Rd. Courtland, VA 23837
Virginia Department of Transportation | Hampton Roads District
Office: 757.346.3065|
Joe.Lomax@VDOT.Virginia.gov
From: Jamie Oliver [mailto:joliver@isleofwightus.net]
Sent: Tuesday, April 29, 2014 11:32 AM
To: Lomax, Joe E (VDOT)
Subject: Fwd: Dangerous Section of Road
Good morning Joe:
The County would like to request that VDOT do a safety review on Blackwater, specifically in the areas
referenced by the emails below, with the purpose of identifying any possibly interim safety strategies that could
be enacted prior to the County being able to fund the complete reconstruction project outlined in the SYIP.
Thanks!
Jamie Oliver
Project Manager, Engineering Division
General Services Department
office (757) 365-1653
cell (757) 846-8600
joliver@isleofwightus.net
---------- Forwarded message ----------
From: Rex Alphin <rexalphin@aol.com>
2
Date: Wed, Apr 23, 2014 at 10:40 AM
Subject: Fwd: Dangerous Section of Road
To: joliver@isleofwightus.net
Cc: mattobrien@flowserve.com
Hello
Hello Jamie- per our conversation, I am forwarding to you Mr. O'Brien's message concerning the
dangerous section of road on West Blackwater. I concur with his statements and, along with him,
would like to see if we have any options. Seeing as there was recently a tragic fatality on this stretch,
would that have any additonal weight in request? If you could, I would like for you to send Mr. O'Brien
information as to what criteria is used by the state for road funding, and cc me if possible. As you
know, this road has been paved from 258 to this section with wonderful results. I would like to see
the road completed to the county line. Thank you, Jamie!- Rex Alphin
-----Original Message-----
From: O'Brien, Matt <mattobrien@flowserve.com>
To: 'rex.alphin@isleofwightus.net' <rex.alphin@isleofwightus.net>
Sent: Tue, Apr 22, 2014 11:24 am
Subject: FW: Dangerous Section of Road
I have not received a response on the issue mentioned below.
From: O'Brien, Matt
Sent: Wednesday, March 26, 2014 9:30 AM
To: 'rex.alphin@isleofwightus.net'
Subject: Dangerous Section of Road
My name is Matthew O’Brien and I live at 24085 Birkenbog Way Zuni, VA 23898
(757) 412-7892.
I am writing to you to see if there is a way that you and I can partner to develop a plan to reduce the dangers associated
with a road near my home.
The section of hazardous road I’m concerned with is located on Blackwater Road between the intersection of Buck Run
Lane and Pear Tree Road. Just a couple of weeks ago there was a tragic fatality located on that section of road which
exemplifies the seriousness of the threat to drivers, pedestrians/residents and passengers on this road. There is a part of
me that is burdened with sadness because I had intended on asking you about developing this plan for some time now
and I can’t help but think a life might have been saved if I had moved quicker.
This is an aerial image of that section of road:
3
I have 4 young children and my oldest is now just 2 years from turning 16. The conditions on that section of road do not
allow for any driver error and as you and I know we are all human and prone to error, doubly so for a young inexperienced
driver such as my kids. The poor conditions of the shoulders, deep ditches, large trees right next to the road, bumps,
blind turn, narrowness, on-coming traffic, standing water, ice, poor road canter, narrowing lanes, & sharp turns are all a
recipe for another incident if we don’t make a change. It isn’t a matter of “if” it is a matter of “when” will the next incident
happen if we don’t make a change to at least reduce some of the risks.
I’m hopeful that we can come up with a plan to influence the decision makers regarding resources required and design to
improve and allow for the inevitable mistakes that young drivers, and even adults, will inevitably make.
I noticed approximately 6 months ago that there was an attempt to improve the shoulder drop off and pot hole problem by
pouring crushed asphalt along the worst edges, that solution has worn away at this point and I don’t view that as the
permanent solution that is needed.
I need your advice, experience and wisdom on what needs to be done next. I’m willing to speak publically at any meeting
to forward the issue, write any letters you recommend or open a dialogue with whatever official you feel would be best
person to help us address this section of road.
Thank you for your time and consideration and I have put my cell phone number below should you want to directly discuss
the matter further.
Sincerely,
Matthew O’Brien
24085 Birkenbog Way
Zuni, VA 23898
(757) 412-7892
THE COURTHOUSE
Memorandum
TO: Anne F. Seward, County Administrator
Don Roberson, Director of Information Resources and Legislative Affairs
FROM: Jamie Oliver, Transportation Project Manager
SUBJECT: Route 258 Courthouse Highway—VDOT Safety Review
DATE: June 10, 2014
County staff received a request for a safety review due to speeding along Route 258 (Courthouse
Highway) between Route 606 (Five Forks Road) and the Town of Windsor boundary. In
consideration of the sidewalk construction project currently underway in the same corridor, County
Staff concurred with the request and forwarded it to VDOT for review.
The VDOT review (attached) did not find conclusive reason to adjust the speed limit at this time;
however, the report did note that traffic data in the area is in the process of being updated and follow
up review is recommended. County Staff will follow up with VDOT over the next 12-18 months to
assess safety needs in the corridor as new data becomes available.
\jlo
THE COURTHOUSE
Memorandum
TO: Anne F. Seward, County Administrator
Don Roberson, Director of Information Resources and Legislative Affairs
FROM: Jamie Oliver, Transportation Project Manager
SUBJECT: Route 637 Central Hill—VDOT Safety Review
DATE: June 10, 2014
A request for a safety review with new signage was presented by the Central Hill Baptist Church. The
County concurred with the request for review and VDOT conducted a safety review in May 2014.
The completed review recommended two (2) new signs for the roadway in the vicinity of Central Hill
Baptist Church (see attached for details). The recommended signs have been ordered and scheduled
for installation by VDOT staff. This item should be complete within 30 days.
The safety review also recommended increased enforcement of the posted speed limit in the area. This
finding has been forwarded to the County Sherriff’s office for review and consideration.
\jlo