07-18-1991 Regular MeetingQ~QK ~Z ~Av~ ~~~
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF .SUPERVISORS
HELD THE EIGHTEENTH DAY OF JULY IN THE YEAR NINETEEN HUNDRED NINETY
ONE
PRESENT: Henry H. Bradby, Chairman
Joel C. Bradshaw, Jr., Vice Chairman
Steven W. Edwards
Thomas L. Ross
Richard L. Turner
Also Attending: H. Woodrow Crook, Jr., County Attorney
Myles E. Standish, County Administrator
W. Douglas Caskey, Assistant County
Administrator/Community Development
Donald T. Robertson, Assistant to the County
Administrator
Carey H. Mills, Assistant Clerk
Chairman Bradby called the meeting to order at 7:00 P.M. The
invocation was delivered by Chairman Bradby.
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Chairman Bradby called for a public hearing on the following:
1. An Ordinance to Declare Aircraft a Separate
Class of Property .and to Levy a Different Tax
Rate Thereon From Other Tangible Personal
Property
Chairman Bradby called for citizens to speak iri favor.
No one appeared.
Chairman Bradby called for citizens to speak in opposition.
Gerald Gwaltney, Commissioner of the Revenue, stated there had
been no complaints from citizens or companies regarding the amount
of taxes paid on airplanes. Mr. Gwaltney further stated this
ordinance, if approved by the Board, would create a loss of
approximately $30,000 in tax revenue.
Chairman Bradby called for .comments by the Board.
Supervisor Ross asked County Attorney Crook if there would be
a conflict of interest for him to vote on the matter if Smithfield
Foods has aircraft registered in the County.
County Attorney Crook replied no.
Supervisor Bradshaw moved the Board adopt the following
ordinance:
AN ORDINANCE TO DECLARE AIRCRAFT A SEPARATE CLASS OF PROPERTY AND
TO LEVY A DIFFERENT TAX RATE THEREON FROM OTHER TANGIBLE PERSONAL
PROPERTY
WHEREAS, Section 58.1-3506 of the Code of Virginia of 1950,
as amended, provides that the local governing body may declare a
separate class of property which shall constitute a classification.
for local taxation separate from other classifications of tangible
personal property and may levy a tax on said property at a
different rate from the tax levy on other tangible personal
property; and,
WHEREAS, the Board of Supervisors of Isle of Wight County,
Virginia, deems it to be in the best interests of the County to
separate aircraft and declare same a classification for local
taxation separate from other classifications of tangible personal
property and to levy a tax thereon at a different rate from the tax
levied on other tangible personal property.
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NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board
of Supervisors of Isle of Wight County, Virginia, to-wit:
(1) That all aircraft located in the County of Isle of Wight
are hereby declared to be a separate class of property and shall
constitute a classification for local taxation separate from other
classifications of tangible personal property;
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(2) That the aircraft herein mentioned in paragraph (1)
hereof, shall not include "Aircraft having a maximum passenger
seating capacity of no ore than fifty which are owned and operated
by scheduled air carriers operating under certificates of public
convenience and necessity issued by the State Corporation
Commission or the Civil Aeronautics Board";
(3j That there is hereby levied for the fiscal year beginning
July 1, 1991, a tax of $1.00 per $100.00 of assessed valuation on
aircraft as defined in Section 58.1-3506 of the Code of Virginia
of 1950, as amended.
The motion passed (4-1) with all members voting in favor
except Supervisor Edwards who voted against the motion.
2. An Ordinance to Amend Chapter 6, Erosion and
Sedimentation Control Provisions of the Isle
of Wight County Code
W. Douglas Caskey, Assistant County Administrator/Community
Development, stated that since 1975 the County has had an Erosion
and Sedimentation Control Ordinance which requires certain land
disturbing activities to submit an erosion and sedimentation
control plan to the County for review and approval prior to
initiating land disturbing activities and that the Commonwealth of
Virginia has recently amended its legislation pertaining to erosion
and sedimentation functions which requires the County to amend the
focal ordinance requirements. Mr. Caskey continued stating the
amended ordinance for the County incorporates these changes and has
been given preliminary approval by the Virginia Division of Soil
and Conservation and has been endorsed by the Peanut Soil and Water
Conservation District Board.
Chairman Bradby called for citizens to speak in favor.
No one appeared.
Chairman Bradby called for citizens to speak in opposition.
No one appeared.
Chairman Bradby called for comments by Board members..
Supervisor Turner moved the Board adopt the following
ordinance:
AN ORDINANCE TO AMEND CHAPTER. 6, EROSION AND SEDIMENTATION CONTROL
PROVISIONS OF THE ISLE OF WIGHT COUNTY CODE
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Sec. G-1 Erosion aixl Sedvnentativn Control
Q1/11'TPR G.
L:1ZUSlUiJ IIL~U Si:.UitlLidl't1'1'IUN 0(~I111ZUL
Editor's dote.--'1he E~rovisions of this chapter were
a~hrovccl E~ursuai~t to the L~rovisions of C',cxle oL' Va.,
Title lU.l, C1~ahter 5, Article 4 as amended.
Per state .Law as to erosion and sediJnent control, see
Code oL Va. , Cl~a~ler 5 of 'T'itle 10.1.
Its to wetlands zoning, see ch. 17 of this Code. As
to sulxl.ivisions, see l1E~px. /1. /+s to L~reveution
of tlocxliiif; i.n sutxli.visions, see ~ppx. t1, Scc. 4-3.
As to zoning generally, see Appx. li.
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Sec. 6-1. Purpose of chapter.
Sec. 6-2. (Zelaliousl-ip to the Chesapeake 13ay l'reservaticnt
Sec.
6-3. Area Urdittance.
Uefiuitions.
Sec. G-4. Duties of administrator
Sec.
Sec.
G-5.
G-G. .
Aclmiuislrative appeal atxi judicial review oL• decisions.
L;Lf
c
e
t of caupliance with cha ter on le al
p g proceedings.
Article II. Plans.
Sec. 6-7. Etecluired.
Sec. G-8. i~onn and contents.
Sec. G-9. Sul~uiss i.ou.
Sec. G-lU. Al~!)roval, etc.
Sec. G-11. lUnencLneuts.
Article III. Land Uisturbint'~ Pern-it.
Sec. G-12. Prerecluisile bocrl, etc.
Sec. G-.13. Lssuance; tees.
Sec. G-l~-. Cloui:toning, relx~rts ar-d iuspecl:ions.
Sec. G-15. 1'euallies, injunctions and other legal action.
Article 1. In Ccncral.
Sec. G-1. Purp ose oC chapter
The purpose of Cris chapter is to provide [or, both during; and following
develogxueul, the control of erosion artd sedirnerttatioct atxl to establish procedreres
for the ad,uiciislratiou and enforcecrrent of such controls. .
IC is Che intent of this chapter to L)e an adjunct to Appendix A acrd Appendix
13 of this Code wherein such apply to the develolxuent and subdivision of laced.
within the courtly or such apply to clevelopluent on previously. sulxiivided land
within the county. (G-3U-75, Secs. 1, Z.)
Sec. G-2. llelal.ionsiri.) to the Chesa )cake t5a Preservation Area Urdiuauce.
Any develolxneuC or develolxnetrt activity, a; dc(Jnc~c.l in Section 3UU2.C of the
Cltesapealce llay Preservation Area Urdinance, on a lot, parcel, or tract of land
under file jiu:isdiction of said Ordinance shall be in canpliattce with the
provisions of this chapter or tl~e Qiesapeake Bay Preservation Area Ordinance,
whichever is more restrictive.
Sec. G-3. Uc[iuitious.
(:or the purl~ses of thin ch;.tl)ler, the [ol lowirrj; t~ut:cls and phrases shall have
the nreauiugs respectively ascribed to th~rr by Cltis section: .
Adtninistrator• 'the official designated by the bard of supervisors tv serve
as its about to aclnriirister this chapter. .
~phlicanl. Any person suUnlttlt~ an erosion and sedinreut control plant for
approval o-lne ,t i.i~, the issucince of a l)ennil, ~:~hun recluirccl, authorizit~
laud-disturbir~; active.tics to coruucr-cc.
Board. 'the Virginia Soil & tJater Conservation Board.
Clearing Any activity which rrJnoves the vel;etative grouted cover including
but not linti.ted to root n4.tt r~noval or topsoil r~noval.
Conservation Platt. A document containing n~itet:i.al [or the conservation of
soil artd wafer res~ii%ccs o[ a unit. or group o[ units o[ land. It uray include
appropriate Wraps, aft ~rl,l)rUl)riate soil arKl t•~ater l)lan inventory aixl mactagetnent
information with needed inter~~retations, arxi a record of decisions contrilxtting; to
conservation tre:.ttmeut- 'lire 'plan" shall contain all n-~tjor conservation decisions.
to assure that the entire unit or units of land will be so treated to achieve the
conservation objectives.
I)S_slrict or ~;vi.l :nut water conservation clislric.t. A l>vliti.cal. sulxlivision
of this C;crurrouwcalllir~l;aiii7ed in accordance Willi ll~e provisions of Article 3,
(Section lU.l-SUG, el soy.) o[ C:Itapter S of Title lU. l of the Ccxle of Virginia as
arnettdai .
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Lrosiott Ln~.~act Area. ~~K ar~~ 'ctil•~ ~l~lfcl
land-distw:birrg activity but subject to persistent
delivery of sediment onto neighboring properties
definition shall not ap(Jly to any lot or parcel of
fore residential pur:lx~ses or to shorelines where
action or other coastal processes.
riot associated with current
soil erosion resulting in the
or into state waters. Zttis
l.arxi of one acre or less used
Lhe erosion results Fran wave
Cxcavatin~;. Any digging, scooping or other methods of removing earth
naterials.
Filling. Any depositing or stockpiling of earth n>aterials.
Gradiuf;_ Auy excavating or filling of earth nrtterials or arty caubi.nation
thereof, includi.trg the laud in its excavated or filled condition.
Land disturhi~~ acti.vity• Any laird change which nay result in soil erosion
fran water or. wirx! aril the moveme~tt of sedi-nents into .state waters or onto lands
in the ConniotnaealLh, including, Lut not luiri.ted to, clearing, grading, excavating,
transporting arxl lillirtg of larxi, except that the terms shall not includes
' 1. Minor laud-disturbing. activities such as bane gardens and individual
bane landscaping, repairs aril uraintenance work;
2. ludividuitl service cuuuectious;
3. Tnstallatiou, ntaintetrance, or repair of any undergroutxl public utility
lines when such activity cx:curs on art existing bard surfacal road, street or
sidewalk provided tlr; laud-disturl~inF; activity is cuuLinc-.l to Che area of the
road, street or sidewalk which is hard. surfaced;
4. Septic tank lines or drainage tields unless included iu an overall plan
for latxi-disturbing activity relating to construction of the building to be served
by the septic tank sysleln;
5. Surface or deep mining;
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6. l,xploratiuu or dr:illinf; for oil acrd gas irrcludiug the well site, roads,
feeder lines and off-site disposal areas;
7. '1'illiuf;, plcurtiut:;, or harvcstit~l; of at;Clc:ultuL,ll, horticultural, ot-
forest crops, or livestock feedlot operations; includirr~; en~,ineerinf; operations as
follo~as; construction of terraces, terrace outlets, check dams, desilting basins,
dikes, ponds, ditches, strip cropping, lister furrowitg, contour cultivating,
contour furrowing, latxl drainage and land irrigation;
II. Repair or rchui.lditig of Lhe tracks, ric;ht-uf-way, bridges, cainrunicatiott
facilities and other related structures and facilities of a railroad canpany;
9. Agricultural. en~;inecrit~ operations inclr.xlit~t~ but nut lvnital to the
construction of terraces, terrace outlets, check dcuns, cJesiltiu~, lx~sins, dikes,
ponds not rcyuired Lo coiuply faith the provisions of. the O:gym Safety Act, Article 2
(Sec. lU.l-GU<< et sect...) of Chapter G of 'Title lU.l, ditches,. strip cropping,
lister furrowiul;, cuuluur cultivating, contour Llllrulalllt;, latxl drainage ctrl latrl
irrigation;
10. 1'repar~tti.uu tor. sinf;le-family resi.clettces separately 1_Uilt, unless in
coujuuction with uiulLiple construction iu sutxlivisi.on develoianent; provided that
the, governir~; body of any county t,dtich has adopted .the urlktn county executive forth.
of govertunent, any city adjacent Lo such county, and any county contiguous to such
county with Lhe county executive torm of govertunent and ally city catipletely
surrounded by such county nwy regulate larxi-disturbirrt; activities related to
sit~le-fancily resiclr~irces ::~l~~trately Lvilt whether or nut Urcy are developed in
conjtuictiou with mu.ltil.~le cuustructiutr in subdivision develulanenl;
11. UisturL~c~d ltuicl areas of less than lU,(?UU sctuat-e feet in size; however,
the governit~; holy of Lhe courtly, city, to~an or district ni~y reduce this exception
to a suraller •~rc~.t ~f di.sturlx:d land ur qualify the cot><iitiuns under which this
exception shall trl~p.ly;
12. lnstallati~n of fence and sign posts or telephone and electric poles atxl
other kinds of lx~sts or holes;
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13. Shore erosion auct control projects on tidal waters when. the projects are
approved by local wetlands hoards,. the (`lariue Resources Cauuission or the United
States Anuy Corps of- Engineers;
1~r. tii~rf;ency tootle to protect .life, lilub or properly, ~utd anerpency repairs;
however, it rho l.at-cl-clistucbittg activity would have required ari approved erosion
a;~d sed~sent cenl-rol h.iari, if the activity were not an c~nergency, then the land
area disturbed sltail be shaped aril stabilized in .accordance with the requirements
of the plan-approving authority.
I~~tnd disturbiug~~ennit_ A permit issued by the county for clearing,
filling, excaval:iug, gracllu~ or transporting, or any canbi~talion thereof.
Local erosion and sediment control pro ram or hocal cout;rol grogram. An
outline oL the various n~e~ttods e~uployed by a di strict or locality to regulate
land-dislurbinf, activities and thereby minimize erosion .aril sedifuentati.on in
canpliance with the stale pro);ram artd may include such Kass as lcx:al ~rdinartces,
policies arts guidelines, teclutical utaterials, iuspeclioci, enforcement arid'
evaluation.
1'e~iuittcc. 'lhc lx~rson to tchan the l~cr~ni.l rnitlwrizins; 1;-ncl-di.slurbinr,
activiti.~s is issued ut: the person why certilics thaC the approval erosion aril
sedil~>cut; control plan will be followed.
(haver. 'the owner or owners of the freeJtold of the prunises or lesser estate
therein, a mortgagee or vendee iu possession, assignee of rents, receiver,
executor, trustee, lessee or outer person, Finn or corporation in control of a
property.
Person. rlny iud.iv:rdual, c~1rluership, fi.t:m. assoc:iatiou, joint venture,
public or private corporation, trust, estate, cannission, board, public or private
institution utility, cooperative, county, city, town, or ;any other. lx~litical
sulxlivisiou of the WIIIIIUnlacalth, any interstate bcxJy, or any other legal entity.
Plan apEnovir~~, authority Shall meaty the Peanut Soil and 1Jater Conservation
district, or the dopac~nout of the County of lsJc of IJiF;ht responsible for
aetenuining ~ the adequacy of a conservation plait suLcni.~~ed for land-disturbing
activities ou a unit or units of laiKi aril for approving. plan.
State L;rosi.on and Sediment Control Progrcvn yr State Program. "ihe prograrn•
adtttinistered by the V.rgiriia Soil aril Water Conservation Board pursuant to the
State Code including regulations designed to miui.rnize erosion and sedimentation.
:State tJrtlcrs. X1.1 waters on the surface and. under the ground wl-folly or
partially within or bordering the CannonwealCh or within its jurisdictions.
SuLYliv.ision. 'the division or redivision of a lot, tract, or parcel of land
by any means into tiro or more lots, tracts, parcels or ocher divisions of larxl
including changes in existing lot lines for the lxtrpose, whether immediate or
future, of- lease, transfer of ownership or lxiildiug or lot develoNuent. ltie teen
"subdivision" shall also mean the following:
(a) tlny deveiolxneut of a parcel of larxl which involves installation of
sanitary .sewers, storm sewers,. water stains, s;as stain or pipes, or other
appropriate facilities for the use, whether immediate or future, of the owners or
a:cupar~ts of the land, or of the building abutting thereon.
(b) nuy clevelol~r~~ent of a parcel of land iitvolvirtg two or more principal
structures or involving shopping centers, nnaltiple dt:elling projects and the like
which require the. instal l~ttion of streets aryl/or alleys, even Chouf;h the streets
and alleys stay riot be cledicatcd to public use and the parcel utay not be divided
for purposes of conveyance, transfer or sale.
(c) 'the teas "sulxiivision" includes resul.xlivision, and as appropriate in
this Ordinance, shell refer to the process of sulxJividirtg t he larxl or to the land
sutxiivided. l~'or the
~ purl.~ose of this Urdinance, Ltowever, i.n further deciding what
is a sulxlivisi_ou, the Lvl iowi.t~s; types of transactions shall it being
be excluded
the intent of this
Urclinance
that the following types .
,
of .transactions are
exemptions under this Urdinance:
(1) Any srtle or other .transfer of Lttllc ~~t:ol~erly, which for the
purpose of Uti.s Ui:cl.iu;tncc shall lx clefincci as any LracC ~C twenty-r,t~e (21) acres
or nbre, not involving, any new street. 'the granting of aright-of-way for access
shall not be cleeruecl to involve any new street.
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(L) Any division of property. banded duwn by Court action.
(3) 'The sale, exchange of other transfer of parcels between adjoining
lot owners, where it clues not create additiot-:.tl l~t.i.ldin, sites or make existing
lots•of lesser width or area than required by this Urdiuance.
Town. M incorporated town.
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'Transportiu~L Any n~ovit~g of earth materials Lran one place. to another,
other than such movement incidental to gradicig, when such movement results in
destroying the vegetative ground cove r, either by tracki~il; or the tniildup of earth
materials to t-he exteuL t hat erosion atxl seditueutation gill result Lran the soil
or earth a-alerials over which .such transporting occurs. (G-3U-75, Sec. 3;
7-15-82.)
Sec. 6-4. Duties of ac6uinistrator.
Inspections and enfocce~nent of this chapter shall rest with the
adnuuisl•rator. (G-3U-75, Sec. G.)
Sec. G-5. 1ldmin.i.strative al~heal and judicial review. of decisions.
l iual dccis.i.ons of the administrator or the l~l:ui nl,proving authority under
this chapter shall be subject to review by the county board of zoning appeals;
provided., that alt appeal is filed within. thirty days fra^ the date of any written
decision by the acL-u.nistrator or the plan approving authority.
• Final decisions of the board of zoninf; al~l~e~~is under this chapter shall be
subject. to review by file Cit:cuit Court of isle vL 1Jijl~t C;ouuty; 1>rovided, .that an
appeal is filed within thirty days trap the date of the final written decision of
the board of zoning appeals. (G-3U-75, Sec. 12.)
Sec. G-G. Ettect of can}~liattce with chanter ou legal urcx:eediti,s.
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Compliance w.ilh file provisions of this
evidence, iu any l.c~;al or equitable proceedin,^^,
siltation or ss~dilneutatiou, that all requirGUeuts
complaining party must slww ctegligence in order to
Sec. 14.)
chnl>tt,r. sluall I,e priJna facie
-for dane~f;es caused by erosion,
of law Dave Veen met and the
recover any da~i~ages. (6-30-75,
Article II. t'lans.
Sec. G-7._ Recluared.
lw~ccept as l~rov.iclc~cl for in section G-3, l~ertainint; Lo definitions, no person
may engage in ally lapel cli.sturbinf; activity,. until >ucl~ l~~~rsun leas stalauittcd to the
county, teas had reviewed by and leas lead apt~roved by the L'eauut Soil and Water
Conservation District, an erosion atxi sediment control plan for .such larxi
disturbing activity. (G-3U-75, Sec. 2.)
lJtiere land-disturbing activities involve lands under the jurisdiction of
more than one local control program an erosion aixl sedvnent control. plan rnay, at
the option of tl~c~ al>I~l ictint, be sul.c~rittcd to the I1~::-rd [or revi.cw and approval
ratl~cr than Co cacti ~urisdictiou conceru~YJ.
Sec. G-8. Form ~ucl contents.
Erosion atxl sediment control plans shall cleta.il those methcxls atxl tectuiiyues
to be utilizes! in the control of erosion atx.t sedvnentation.
As a minimtnn, l.lir. crc~si.un atKl :~cdinuaiC cvntrol I~l,~n slr.ill follow the miniJman
criteria of the Vir£iuia Ervsioti and Sedi~ueut C;vntrdl law ('Title lU.l, Chapter 5,
Article 4, Code of Virginia) and accanpai~ying regulations.
"llie Vir~iui_~ _I~:r<~:,i^ui~ cincl S~elinienl (:c~nlrul Il:~n~llruvl., 7.ir~ Pit., 1~~8U, may be
used as a. reference fur approved standards and sj~ceifications for control
techniques to be utilized in preparit-g the plan.
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Sec. ~i-9. Sul~mi.:a::ienr.
'lluee copies o1 the erosion atxi sediment control plan. shall be sulxnitted to
the adruinistrator. (G-3U-75, Sec. 5.)
Sec. G-lU. Auproval, etc.
`Ihe plan-approving authority sErall review conservation plans sutxnitted to it
anti grant written approval within forty-five clays of Che receipt of the plan if it
determines that the plan meets the requireruents of the County's regulations and if
the person responsible for carrying out the plan certifies that he wall properly
perform the conservat.iotc measures included in the plan acxl will conform to the
provisions of this Urdiuauce.
When a plan is d~~terurined -:o be inadequate, written notice of disapproval
statir~ ttre s~~ecifi.c reasons for disapproval shall he caurrunicated to the
applicant within forty-five clays. °lhe notice shall specify the modifications,
tetras arxi conditions that will permit approval of the plan. If no action is taken
by the plan-approving authority witf~n the tune specified above, the plan shall be
deemed approved and the person authorized to proceed with the proposed activity.
Sec. 6-11. Arnerrdments.
' l1n approved plan mriy lx' changed by the authority drat approved the plan in
the f ollcaitig cases
1. Where inspection has revealed that the platy is it-adeyuate to satisfy
applicable rcF;ul~rti.uus; or
2. tJhere the person responsible for carryi.rrf; out the approved plan firxls
that Uecause of chcurgc~l circ~enstauces or for other reasons the approval plan
cannot lx. effectively carried out, arxi proposed arneudmrents Co the plan, consistent
with the requiae,nents of this ordinatrce, are agreed. to by the plan-approving
authority arrd the person responsible for carrying out the plan.
Article ItI. Land Uisturbin~ 1'ennit.
Sec. G-12. ['reLequi.site loud, etc.
All control -ueasures required by tl~e provisions of this chapter shall be
undertaken at the expense of the owner or liis ~~y,~ut; arxi penditrs; such actual
provision thereof , the vtauer or his agent .shall execute artd file with the
acitrrinistrator, privy to issuance of the latxl disturbitu; permit, an agr-e~uent aril
bond or agreerneuts anti lx~trds in an amount determined by the achministrator equal to
the approximate tolrrl. co:;t of providirr~, erosion arxl sedi.rnr_utation control
iluprovaneuts with surety <rpproved by the county attorney, l;uarauteeiug tl>,at the
required control measures will be properly atxi satisfactorily undertaken.
Within sixty days of the adequate stabil.izat.iorr of the larxi disturbing
activity, as determined ~y the i>ermit-issuing authority, such lxmd, cash escrow,
letter of credit or other legal arracrganent or the unexpended or urcobligated
portion thercol shcr]J be refunded to the owner yr his al;eut or terminated, as the
case uray be. (G-3U-75, Sec. 9.)
Should the applicrurt fail, after proper notice, caithir- the time specified to
initiate or maintain ,rppropriate corrscrvation action which uray he required of hire
by ttre approved pl~ur as a result of his laud disturbing activity, the
permit-issuitrg authority Wray take such conservation action at the applicant's
expense. ~ If the pernr.i.t-issuing; authority takes such conservation action. upon such
failure by .the lx~rnri.ttce, tl~c af;ency may collect [run the peanrittee fvr the
dif fererrce should Che arrrouut of the reasotrable cost of such action exceed the
amount of the .security held.
Sec. G-13. lssuance; fees.
Lxcept as provided in section G-3, no person shall engage in any land
distur~itrg activity, as defined ~n sec:tion 6-3 within thG county until he has
acquired a larrcl disturbing peanut.
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Issuance of a land disturt~iug permit is coudil•iouc~c] on receiving an approved
erosion acxl sediment control plan atxl certificativn that the plan will be followed
at .the tune of application for such permit and, in addition, the reyuiretnents of
section 6-12 concerning a perfoc7i~ance bocxl, cash escrow, letter of credit, any
combination thereof, or such other legal arrac~ganent as is acceptable under the
provisions of section G-12 acxl to the fees herein levied for lacxl disturbing
activities.
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A plan review and inspection fee as adopted by the board of supervisors
shall be paid at the time of f ilit~g erosion atxl sedvuent control plans. (G-30-75,
Sec. 10.)
Sec. G-14. Monitoring, reports and inspections.
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11ie administrator or his designee shall provide Cor pericxlic inspections of
the lacxi-disturbing activity and nay require uanitoring and reports Fran the
person responsible for carrying out the plan to insure canpliance with the
approved plan and to deternine whether the n~ensures required iu Uic plan are.
effective in coutrollic~ erosion aexl sediment. Au inspection shall be mwde during
or ifiuiediately following initial installation of erosion and sediment controls, at
least once iu every two-week period, within ~~8 hours tollowiu; nny runoff
producing store event, acxl at file ccxnpletiou of the project prior to the release
of any perform:auce tx~uds.
'Ihe right of .entry to conduct such inspections shall be expressly reserved
in the permit. 'the owner, c,~ccupier or operator. shall be giveli an opportunity to
accanpany the inspector. if the acLninistrator or his designee detPnnines that
there is a failure to canply with the plan, notice shall be served- upon the
applicant or person resF>ousible Cor carrying wt the plan by registered or
certified mail to the address specified in the permit ~~l~pli.c<ztion or in the plan
certification, or by delivery at Che site of the land-disturbing activities. to the
agent or eiuployee supervisic~; such activities. 'the notice shall specify the
measures needed to comply with the plan and shall s~~cciCy the time within which
such measures shrill lx' ccxnpleted. Upon failure to comply within the specified
tune, the permit n~~y he revoke and the perniitlen or person responsible for
carryic~g out file plan shall be leaned to be in violation of this ordinance and,
upon conviction, shall be subject to the penalties provided by the. ordinance.
Upon determination of substantial .violation of this ordinance, the
administrator or his designee either may, in conjunction with or subseduent to a
notice to canply as specified ici this ordinance, issue an order requiring that all
or part of the land-disturbing activities permitted on the site be stopped until
the specified corrective measures have been taken.. Where the alleged
noncompliacx:e is causing; or is in ianninent dancer of causing l~a~~iitul erosion of
lands or seditneut deposition in waters within the watersheds of the Canmonwealth,
such an order nay be issued without re~,ard to ~.hether the l~ernittee teas been
issued a notice to ccrni~ly as specified) in this ordinance. Otherwise, such an
order nay he .issued only alter file applicant teas failed to canply. with such a
notice to canply. 'the order ~l~,all: be served in the same manner as a notice to
comply, atxi staall re,r~ain iu effect for a period o[ seven days from the date of
service pending ,application by the ecaforci~if; authority or pern-it holder for
appropriate relief to the Circuit Court of isle of lJight. Upon completion of
corrective action, the order shall vnnediately be lif led. ldothicig in this section
shall prevent the administrator or his designee fran takit>E; any other action
authorized by this ordinance,.
Sec. 6-15. 1'enaities, injunctions and other le~,al action.
1
(a) A vi.oltitiun vl: this chapter shall l;e deunec] a misduneanor atxi upon
conviction,. violators shall Lie subject to a fine not exceeding one thousand
dollars or thirty clays i<nprisotunent for each violation, or both.
(b) In ~uldi floe, file l;ovcrninl; bcxly n~iy l~etiti~n the circuit court of the
county for iujuucti.ve relief to eujvin a violal•iou or threaleual violation of this
chapter, without the necessity of showing that an adequate rc+nedy at law does not
exist. (G-30-75, Sec. 1.3; 7-15-82) !
(c) lu addition to any crianiual hecialties provided unclcr this chapter, any !
person .who violates anv provision of this chapter. niray he liable to the county, or
tlae Board, as al>propriutc, in .~ civil action [~r c)~amc~l;cs.
8
an~x 14 z:r9j3
(d) Without limitit~, the remedies which may be obtained in this section,
any pcSrson violating cr failing, neglecting or re[usins; to ot~ey any injunction,
mandamus or other rcmecly obtained pursuant to Uris section sl-all tae subject, in
t-he discretion oC the court, Co a civil penalty trot Co exceed $2,000 for each
violation.
(e) [Jith the conscut of any !>erson who has violated or failed, neglected or
refused to obey any rcf;ulations or airy condition or a E>ex~nit or any provision of
this article, tt~e plan-approving or permit-issuing authority may provide, in an
order issued by the plan-approvit~; or permit-issuitr~; authority against such
person, for the payment of civil charges for violations iu specific su-iLS, not to
exceed the limit specified iu subsection (d) o[ this section. Such .civil charges
shall be instead of any appropriate civil penalty which could~be i,nposed under
subsection (d).
The motion passed unanimously (5-Oj.
3. An Ordinance to Amend the Zoning Ordinance of
Isle of Wight County to Add the Flood Plain
Management District as Article 8B
Mr. Caskey stated the purpose of the ordinance is to regulate
development activities within flood prone areas identified in the
newly revised flood insurance rate maps prepared by the Federal
Emergency Management Agency and is a result of recent changes made
to the national flood insurance program by the United States
Congress. Mr. Caskey further stated that in order for County
property owners to be able to continue to be eligible for flood
damage insurance or to receive certain types of federal financial
assistance, the County is mandated to adopt these provisions prior
to August 19, 1991 and that the ordinance presented to the Board
tonight has received preliminary approval from the Federal
Emergency Management Agency.
Chairman Bradby called for citizens to speak in favor.
No one appeared.
Chairman Bradby called for citizens to speak in opposition.
No one appeared.
Chairman Bradby called for comments by the. Board.
Supervisor Edwards moved the Board adopt the following
ordinance:
AN ORDINAICE TO AMEfID THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY
TO ADD TIIE FLOOD PLAIN MANAGEMENT DISTRICT AS ARTICLE 8B
,1rt i.c 1c flip. I~ 1 Doc) !'lain tlnu,r~;crnr_nt• I)i ~_trict
Sec. 8E3-1. -Purpose.
In .accordance with the objectives of the adopted Comprehensive
Plan, the .purpose of these regulations is to promote the health,
safety attd wclLare of the public by regulating and restricting the
use of property within areas designated as .the flood Ylain Management
District.. 'These ref;ulations are intended to minimize the potential
loss of life and damage to property due to flooding acid are necessary
to ensure that all property Droners within the County are eligible for
participation iti the national 1~ lood lnsurauc.e 1'rngram and able to
secure such insurance at tiomiual rates.
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B80K 14 ~H.:~JS~ .
Sec. 8t3-Z. Ap~~licability.
1. The provisions of this Article shall apply to the following
areas:
1
a. Areas designated as being within the 100-Year flood
plain ~y the Flood Insurance Study (FIS) and as
delineated on tite blood lnsurancc hate Map (FIRM) dated
Aubust 14, 19.90 or as subseduently may be amended as
Zone A, Zone AL, Zone V or Zone VE. A copy of the FIS
' and E Llth1' shall be filed in the Department of Community
Uevelopnrent and are hereby made part of•this. Article.
b. Such outer areas as may be deCermined by the Zoning
Administrator to be essential to the alleviation of
potential- t:lood darnange caused by the 100-Year flood.
Such determination shall be based on drainage and
hydrology studies and anrendntent or revision. of the'FIKt•1
shall be requested by the County .
2. The Flood !'lain Management (F1'hi) Uistrict is an overlay to
the existing underlying zoning district. Therefore,. the uses,
densities, lot configurations, setback rectuirements, height
res.trictio~ts and accessory uses shall be determined by the underlying
.zoning district except as such regulations may be modified by
application of the regulations in the FYM Uistrict. Where these:
regulations are at ..variance with other codes, ordinances and!'.
regulations, the most restrictive regulation shall apply.
1
' 3. Any cttauges to the data contained iu either the FIS and FIRM,
as a result of natural or nrau-made conditions or subsequent study and?
analysis shall require the approval of the tlaCional Flood Insurance
Administrator prior to implementation. L•'vidence of such approval
shall require the fili ng with the Zoning Administrator of o ne of the
following: .
- Letter of hlap Amendment (LUMA)
- Letter of Map revision (I,Ut~ilt)
- L'hysical Map Revision (l'tllt)
In all cases, the burden of proof shall be on the applicant
requesting a reap or data change. '~
4. No land shall hereafter be developed and no structure shall
be located, relocated, constructed, reconstructed, enlarged. or
structurally altered within the Flood Ylain M,.tni;erneut Uistrict except
in full compliance with the terms and provisions of this Article.
Sec. 813-3. Liability
1. 'The degree of Clood protection suul;ht by the provisions oL
this. Ordinance is considered reasonable for reF,ulatory purposes and
is based on acceptahlc engineering methods of study. '1'l~is Ordinance
does not imply Chat areas and land uses outside the Flood Plain
Manangement Uistrict will be free fron- flooding or flood datnages
which may be caused by larger floods or increased flood heights.
2. 'i'bis Article shall riot create liability on the part of Isle
of tJight County or ~ttry officer or employee thereof for any Flood
damages that result frour reliance on this Article or any
administrative decision lawfully urade thereunder.
Sec. 813-G. Sevcrahility.
10
80nK ~'# rw;:'~~V
If• any section, subsection, paragraph, se~ttence; clause or
phrase. of this Article shall. be declared invalid for any reason, such
decision shall not affect ttte remaining portions of this Article.
The remaining portions shall remain in full .force and effect; and 'for
this purpose, the provisions of this article are hereby declared to
be severable.
Sec. 8I3-S. UefiniLions.
Eor the purposes of this Article, the following words and terms
are hereby defined:
1. [base l' loud/Une-llundrecl Year Floocl - A flood that., on the
average, is likely to occur once every lUU years (i.e., that
tias a one (1) percent chance of occurring each year,
although the flood may occur in any year).
2. Channel - A natural yr artificial watercourse with a
dei:iuite bed and banks to confine and conduct continuously
or periodically flowing water.
3. Coastal Ilia liazard Urea (CliltA) - `fhe portion of a coastal
flood plain having special Elood hazards• that is subject to
high velocity waters, including hurricane Wave clash.
4. Uevelol~nrent - tiny nran-made change to ~mprovQ or unirnprove~d
real est~ite, including, but not li-ni-tr~] to, .buildings or~
other structures, ttte placement of n-uuufactured homes,.
streets, and other paving,, utilities, filling,, grading
excavation,. urininF;, dredging, drilling operations, or
storage of eduipwent or materials.
S. [;xis tint;_t~lanufactured Ilonre Park/Subdivisi.ou - ~ manufactured
Iaonre park or subdivision for wtticlt the construction of
facilities for servicing the lots ou which the n-anufactured
homes are to be affixed (including, at a minis-urn, ttie
installation of utilities, the construction of streets, and
either final site grading. or the paring of concrete pads) is
completed before the initial effective date of these
regulatiotrs.
6. Flood or Flooding - ~ general and temporary condition of
partial ~r courplete inundation of normally dry land areas
Prow:
(a) 'i'tte overflow of streams, rivers or other inland waters;
or
(b) Abnormally high tidal water on rising coastal waters
resulting from severe storms or hurricanes; or
(c) The unusual or rapid accuurulation or runotf of surface
waters Cronr any source.
7. 1~'lood Il.r~:-r-cl 7,one - 'lhe delineation of special flood hazard
areas info insurance risk and rate classifications on the
Flood Insurance hate Piap (FiRPi) published by the Federal
Lurergency Ptana~,ernent Agency and which include the following
zones and criteria:
Zone A: Areas .subject to inundation by the l0U-Year Flood
where. detailed analyses have not been performed
and base flood elevations are not shown.
Zone AL: Areas subject to inundation by the LU0-Rear Flood
as determined by detailed methods wiCh base flood
elevations shown within cacti area.
Zone V1:: areas along coastal reri.ous subject to additional
hazards associated with storm wave and tidal
ar.tiou as well as inundation by the 100-Rear
Flood.
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eo~~ 14 .~ ~ ~6l
Zone X: Areas located above the 1U0-Year Flood .boundary
and having moderate or miniural flood hazards.
8. Flood Insurance Rate Ma FIItC1) - An official map of a
couuuunity ou which the administrator has delineated both the
special hazard areas and the risk premium zones applicable
to the conununi ty .
9. Flood Insurance Study - An examiuatiu~,, evaluation and
detenninatiou of flood hazards acrd, if appropriate,
corresponding water. surface elevations,. mudslide hazards
and/or flood-related erosion hazards.
10. Flood plain or flood-prone Area - Auy land area susceptible
to being inundated by water from any source (see definition
of flooding).
11. Flood Plain ^lanas~,ement District - A district established by
theLo~ring Urdinance for Isle of Wight County and in which
the restrictions and conditions of these regulations apply.
12. [loodproof - A construction method designed to ensure tha t
all parts of a structure or facility located below the base
flood elevation are watertight with walls impermeable to the
passage of water and witty structural components having the
capability of withstanding hydrostatic and hydrodynamic
loads and the eE f ec is of buoyancy .
13. FloodwaY - 'lhe 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.
14. Manufactured florae - A structure, transportable in one or
wore sections, .wliictr is built on a permanent chassis and is
designed for use with or without a peru~anent foundation when
attached to the required utilities. The term "manufactured
home" does not include a "recreational vehicle".
15. Manufactured dome Park/Subdivision - A parcel (or contiguous
parcels of land divided into two or more lots for rent or
sale.
16. Mean Sea Level- National Geodetic Vertical Datucn (NGVD) of
1929 to which all elevations on the FIRM and within the
Flood Insurance S t~~dy are referenced .
17. New Construction -11 structure for which the start of
construction as herein defined commenced on or after the
effective date of this Urdinance. "phis terra does not apply
to any work on a structure existing before the effective
date of this Urdinance.
18. Structure - A building, including mobile homes, which is
used for residential, business, agricultural or religious
purposes or wtrich is occupied by a .private ,nonprofit
oc:ganizatiou or which is owned by a state or local
government or an agency thereof. A gas or liquid storage
tank which is principally above ground (at least S1 percent
of its actual cash value is above ground) shall also be
considered as a structure.
19. Substantial Uamare - Damage of any origin sustained- by a
structure whereby the cost of restoring; the structure to its
before dan-aged condition would equal or exceed SU percent of
the market value of the structure before. the damage
occurred.
12
9aoK 14 -M~r~VG.r
20. Substantial 1rrrUrovenrent - Any repair, reconstruction, or
improvement of- a structure, the cost of which equals or
exceeds fifty (50) percent of the market value of the
structure either before the imprvvcureccL• or repair is started
or, if the structure has been damaged, and is being
restored, before ttie damage occurred. For the purposes of
this definition, "substantial improvement" is considered to
occur when the first alteration of any will, 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 of local health, sanitary or safety code
specifications or any alteration of a structure listed on
tlce National ltel;ister of tlistoric !'laces or a state
inventory of tlistoric places.
Sec. 813-6. Permit [tequired.
I Within any Flood Plain Management District, the property owner
shall demonstrate tl~~ct ttce proposed construction complies with the
(provisions of this Article prior to tt~e issuance of a zoning permit
)or land disturbing permit as applicable and ttre initiation of work.
Agricultural, outdoor recreational activities and water dependent
activities as listed in Section 813-7.2 are exempt from the special
Irequirernents of this Article unless they are proposed within the
floodway. (see Section 8U-7.2)
' It shall be the responsibility of the property owner to provide
all information required by the Zoning Administrator, such as
,construction plans, elevations, boundaries, locations, engineering
data and computations, as may be necessary to determine compliance
'with these regulations. '!'his information shall be prepared and
certified by an architect, certified land surveyor or professional
engineer.
'!'lie Zoning Acfuriuistrator shall review the proposed development
to assure that all necessary permits have been received from those
governruental agencies Prow which approval is required by Federal or
State law, iu~lucl.iuy; Section 4U4 of the I~ederal Water Pollution
Control Act Anreudments of 1972, 33 U.S.C. 1334.
Sec. 8C3-7. , Use lterulations.
Permitted uses, special permit uses, accessory uses, dimensional
standards, and special requirements shall be as established by the
underlying zoning district, except as specifically modified herein.
1. The fol loving uses steal l be .specifically .prohibited within
Flood Plain Nanagenrent District:
a. Landfills, junkyards, outdoor storage of inoperative
vehicles.
b. Surface mines/borrow pits.
c. Planufacture, bulk storage, transformation or
distribution of petroleum, chemical or asphalt products.
or any Hazardous waterials as defined in either or both
of the Following:
~= Supcrfuud Amendment and Reauthorization Act of 1986
~~ Identification and Listing of lazardous Wastes, 40
C.F.It. Section 2G1 (1987)
The tollowiub products shall be specifically included:
1. Uil and oil products including petrockremicals
2. Radioactive materials
1
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3. Any material transported or
connnercial quantities (such as
which is a very soluble acid
af~nortpal growth of an organ. o
hif;hly biodegradable, exerting
dertaud
4. 13iolot;ically accutttulative poisocts
S. Substances COntalLling the active ingredients of
ecutt~n-ic poisons that are or were ever registered in
accordance with the provisions of the. Federal
Insecticide, Fungicide, and Kodenticide Act, as
amended (7 USC 13S et seq..).
v. Suns Lances highly lethal to mauunalian or aquatic
life
d. Storage or .land application of industrial wastes
e. Outdoor storage of eyuipntent, materials, or supplies
which are buoyant, flarrnable, or explosive
2. 'The following activities [nay occur below khe level of the
100-Year Flood:
a. Nonstructural agricultural activities providing that any
storage or stockpiling of manure shall be elevated to a
level no less than two (2) feet above the elevation of
the lUU-Year Flood.
b. Outdoor recreational uses including park areas, golf
courses, tennis courts, basketball courts, and swimming
huuls.
1
1
c. Water related structures such as docks, piers and
wharves.
d. Access roads and parking areas for the above.
3. Iu addition to the prohibited uses iu Section 811-7.1, the
following restrictions shall apply to a reas in the floodway.
a. Existinf; note-conforming uses within the floodway may not
be expanded; however, they n-~iy be repaired, altered or
modified to incorporate flood proofiu~, treasures,
provided such treasures do not raise the level of the
1UU-Year Flood.
b. No manufactured home tray be placed within a floodway
except in an existing manufactured home subdivision.
4. In add.iLion to the prohibited uses iu Section 811-7.1, the
following; restrictions shall apply to areas in the Coastal
Etigh Hazard Area' (CEEEIA) : '
a. Existing structures located on land below base flood
elevation in the Cfll1A shall not be expanded.
b. No nutnufactured home shall lie placed within the CEIEIA
except in existins tnanufactured home subdivisions.
c. All constructiuu must comply with the standards in
S~ctiun g; 13-y.8 of this Article.
Sec. 813-8. General Yruvisions.
1. No construction or improvement within the Flood Plain
PlanagentenL District ,;hall obstruct or unduly resLricL any channel .
whether or [tot such channel lies within a designated floodway.
14
stored in large
SS-gallon drums)
or base, causes
r organisut, or is
•a strong oxygen
eeeK 14 ~~~-~~~
2. tJatercourses shall riot be altered or relocated except upon
the presentation of data, certified by a licensed engineer, that the
flood carrying capacity of such a modified watercourse will be at
least equal to that prior to ntodificatioct. Evidence of all necessary
permits or approval from ttre Federal Insurance Administrator, the.
Natural and '1'ecltnological Elazards Division of the Federal Emergency
Management Agency, adjacent localities, the U.S. Corps of Engineers,
the Virginia Marine Resources Commission, and the State Water Control
Board shall be required prior to such modification.
3. Adequate. drainage shall be provided to reduce exposure. to
Flood hazards. All storm drainage facilities shall be designed to
convey the flow of surface waters away from buildings and on-site
waste disposal sites and prevent the discharge of excess run-off onto
adjacent properties in order to avoid damage to persons o r property.
Sec. 8[3-9. SUecial Standards and Requirements
1. Standards for Subdivision Plats and Site Plans
Preliminary plans, .development plans and final subdivision
plats of all properties, all or part of which are located•
within any Flood Plain Management Uistrict, must be prepared
and sealed by a licensed surveyor or engineer. The
followiul; information, in addition to that which would
otherwise be reyuired, shall be provided on the respective
plan:
a. The lUU-Year Ilo~d boundary, as depicted on the FIRM and
fire hood hazard Zone classification(s) shall be
depicted on preliminary plans, development plans, and
final plats.
b. Uevelopment plans shall provide topographical.
information for the site at a maximum contour interval
of two feet, provided however that a one.-foot contour
interval for otte-foot lesser attd one-foot greater than
ttte lUU-Year Flood boundary shall be shown.
c. The elevation of the finished surface of the ground at
each corner of each existing building located within any
,Flood Hazard Zotre shall be shown on development plans
and final plats.
Z. Standards for Utilities
All new or replacement utilities, water filtration, and
wastewater. Lreatment facilities, installed in the Flood
Plain Management Uistrict shall be designed to prevent the
infiltration of floodwaters into or discharge frout.said
utilities and to minimize the potential for flood damage.
Where private waste disposal systems are to be installed or
replaced, they shall be installed so that they will not be
permanently contaminated or impaired by a base flood.
3. Standards Cor Streets and Roads
The finished centerline elevation of all new public or
private st reets slta 11 be no lower tltatt 6. S feet above mean
sea level (NGVU) provided however that where an existing
street not weetiug this criterion is to be extended, the
Zoning Adm inistrator may approve streets or parts thereof
which are below this elevation, but not lower than the
elevation of the existing street. Streets and sidewalks
should be designed to minimize their potential for
increasing and aggravating the levels of flood flow.
Urainage openings shall be reyuired to sufficiently
discharge flood flows without unduly increasing flood
height .
15
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4. Standards lvr L'i11iuQ of Flood Plain Areas
a. tJhere fill within the Flood Plain I~{ar-agea-ent District is
proposed, the following -ninin-um standards shall. apply:
1, bill areas shall extend laterally a miniu-wn of 15
feet ~eyoud building lines trou- X11 points.
2. Fill material shall consist only of soil-and small
rock materials (must pass through a 3 inch opening
AS'1'Ci standard sieve). Urpauic materials, including
tree stumps attd asphalt rubble, shall be prohibited.
3. Lill areas shall be graded to a finished slope of no
steeper thaw otte vertical to Chree horizontal,
unless substantiated data, certified ~y a licensed
engineer, which justifies steepen slopes is
su~mit'ted to and approved by the Zoning
1lduiinistrator.
4. Fill areas shall be graded to a finished slope of no
steeper thai- one. vertical. to three horizontal,
unless substantiated data, certitied by a licensed
eul;ineer, which justifies steeper slopes is
subn-itted to and approved by the Zoning
Administrator.
S. 'Tt-e Zoning /ldministrator shall impose any additional
standards deemed necessary iu I-i~ opinion to ensure
the safety of fire counnunity and properties from
additional flood hazard potentials caused by Filling
within the Flood Plain Manageu-eut District.
b. Filling or any other encroachment into a regulatory or
other desiPnated f loodway which, as deteru-itted by the
ZoninP, Administrator, in any way impairs its flood
conveyance shall be prvtiibited.
c. Filling or any other encroachment into any channel
within the Flovd Plain h{anagement District which would,
as deCermiued by the Zoning /ldministrator, obstruct. or
unduly restrict water flows through said channel and, in
so doing, increase the potential Cor Flood dar--age shall
be prol-iUited whether or not such channel lies within
the regulatory or other designated floodway.
d. '1'l-e filling of any portion of .property solely to
increase the elevation of the laud to meet miuiurwn lot
-area requirements and thereby create a buildable lot for
residential construction. within ttte Flood Plain
hianageu-eut District sl-all be prohibited.
e. These standards may be individually waived by the Zoning
Administrator, upon the recorumeudation of the Isle of
Wight Cout-ty Wetlands L}oard for approved parks,
recreatiot- Facilities, shoreline erosion control and
beach maintenance projects where suFficient data is
presented justiFying tt-e project and where it is
demonstrated that such actions will' nvt increase flood
levels vn any properties..
S. Coust-ruction 5tand~-rd:; for Properties in 7,one_ A
All uctir coustr-.-ctiot- yr substantial in-{~rvvemeuts in Zone A
must con-ply with all standards a{~pli.cable to Zone AI:
contained in this Section and the flood plain construction
provisions of ttte Virginia Uniform Statewide Building Code.
In addition, the owner attd/or develoE~er of such property
shall provide to the Zoning Administrator. sufficiently
detailed hydrologic and .hydraulic analyses, certified by a
16
BQOK 14 ~~~:9~~i
6.
7.
licensed engineer, tv detercccine tl~e base flood elevation for
the property and the location of the 100-Year Flood
Boundary. Upon approval by the Zoning Administrator, copies
of all such detailed analyses shall be transmitted to the
National Flood Insurance Administrator for incorporation
into the FIRP1.
Construction Standards for Properties in Zone AE
All new construction anc! substantial improvements in the
Flood Plain Nanagencent District shall occur in accordance
with tlce applicable flood plain coccstructiorc provisions for
Zone AE contained in the Virginia Uniform Statewide Building
Code. '1'lce Zoning Administrator shall satisfy himself that
all applicable provisions have been complied with prior to
issuing tuilding 'Permits or temporary or permanent
Certificates of Occupancy.
In addition, the•following standards shall apply:
a. All new and replacement electrical equipment, and
heating, ventilating, air conditioning and other service
facilities shall be installed at least 12 feet above the
base flood elevation or otherwise designed and located
so as to prevent water frow entering or accumulating
within the system.
b. All electrical distribution panels shall be installed at
least 3 teet above tlce base flood elevation or otherwise
designed and located so as to prevent inundation.
c. In all cases, elevation of tlce lowest floor of the
structure, including basemeccl•s, to at least 12 feet
above the base flood elevation or, in tlce case of
non-residential structures, floodproofing to at least
that level, is strongly encouraged and may result in a
reduction of flood insurance premiums.
d. All manufactured homes to be placed or substantially
unproved must be securely anchored to an adeyuately
anchored foundation system to resist flotation, collapse
or lateral movement. Ptethods of anchoring may include,
but are not limited to, use of over-.the-top or frame
ties to ground anchors.
Construction Standards for Properties in Zone- VE
All new construction and substantial improvements in Zone VE
of tlce Flood Plain ~lanageuient Area shall occur in accordance
with the applicable flood plain construction•provisions for
Zone VL contained in the Virginia Uniform Statewide Building
Code. The Zoning Administrator shall satisfy himself that
a.ll applicable provisions have been complied with prior to
issuing Building Permits or temporary or permanent
Certificates of.Uccupany.
In addition, tt~e f of lowing s tac~dards shall apply
a. All new construction or development shall be located
landward of the reach of the mean lcigh tide.
b. Any man-made alteration of a sand dune or any part
thereof shall be prohibited.
1
n
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c. No structure or any part thereof may be constructed on
till material of any kind.
d. All new and t:eplacement electrical equipment, and
I~e,ttitif;, vcutilaling, air couditioniul; and other. service
facililics shall be installed at least 3 feet above the
base flood elevation or otherwise designed and located
. so as to .prevent water from entering or accumulating
within rite system.
e. All electrical distribution panels shall be installed at
least G feet above the base flood elevation or otherwise
located so as to prevent inundation.
f. In all cases, elevation of the lowest structural member
of rite lowest floor of the structure, excluding pilings
or colunucs, to at least 3 feet above the base flood
elevation is strongly encouraged and may result in a
reduction of flood insurance premiums. .
Sec. 8I3-lU. Variances.
In acting upon application for variances Erom the provisions of
this Article, in addition to the requirements elsewhere set forth in
this Ordinance, the I3oard of Zoning Appeals .shall consider the
followin g additional factors:
1 . '1'-te danl;cr Lc~ 1 i Cc and proh~r ty clue Co increased flood '.
heights or velocities caused by en~roachmenls.
2. The danger that materials may be swept on to other lands or
downslrean- to rite injury of others.
3. The proposed water supply and sanitation systems and ttie
ability of these systems to prevent disease, contamination, ,
and unsanitary conditiocts.
4. The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the
individual owners.
5. The importance of the services provided by the proposed
facility to the conununily.
6. The requirements of the facility for a waterfront location.
7. 'l'ire ~tvr~il~tbility oC alternalivc locations not subject to
flooding for the proposed use.
8. 'i'he coml~aLibilily of lire proposed use with existing
developu-eut and .development actticipated in the foreseeable
future.
9. The relrtti.un:~hip of the proposed use to the comprehensive
plan and flood plain management program for the area.
lU. 'i'he safety of access by ordinary and emergency vehicles to
the property in lilac of flood .
11. The expected heights, velocity, duration, rate of rise, and
t the site
d
t
.
e
a
sediu-euL transport of the flood waters expec
12. The repair or rehabilitation of historic structures upon a
determination that the proposed repair or rehabilitation
will not preclude the structure's cot~tiuued designation as a
historic structure and the variance is the utinimum necessary
to preserve the historic character and design of the
structure.
18
13. Such outer factors which are relevant to the purpose of this
Ordinance. '
The Board of Zoning Appeals may refer any application and
accompanying docuu-entation pertaining to any request for a variance
to any engineer or other qualified person or agency for technical
assistance in evaluaL•ing tt-e proposed project itt relation to flood
heights and velocities, and the adequacy of the plans for flood
protection and other related matters.
Variances sl-~1.1 ~c issued' only of to the 1loard of Zouit-p, Appeals
has determined t•hut the granting of such will not result in (a)
unacceptable or prohibited increases in flood height, (b) additional
threats to public safety, (c) extraordinary public expense, and will
not (d) create t-uisat-ces, (e) cause fraud or victi---ization of the
public, or (f) conflict with local laws or ordinances.
Variatces shall be issued ot-ly after tl[e Board of Zoning Appeals
has determined that variance will be the minimum required to provide
relief from any hardship to the applicant. •
The Board of Zoning Appeals shall notify the applicant for a
variance, iu writing, that tt[e issuance of a variance to construct a
structure below the one Hundred (100)-year flood elevation (a).
'increases the risks to life and property and (b) will result in
increased pren-iu-um rates for flood insurance.
A record shall be maintained of the above notification as well
as all variance ~-ctions, including justification for the issuance of
the variances. Auy variances which are issued sl-all be noted in the
annual or bietu[ial report subu-itted to the Cederal Insurance
Administrator.
Sec. 8B-.ll. L:;istiuf~ StrucL-ures in L' loot] 1'lai.u hlana~;ement District
A structure or use of a structure or l>remises which lawfully
existed before the euuctment of these provisions, but which is not in
conformity witl- these provisions, may be continued subject to the
following conditions:
1. Any modification, alteration, repair, reconstruction or
improven-ent of any kind to a structure and/or use located in
any flood plain area to an extent or amount of less than
fifty (5U) percet-t of its market value, shall be elevated
and/or flood-proofed to the greatest extent possible.
2. The modification, alteration, repair, reconstruction, or
improvemeuL- of any kited to a structure and/or use,
regardless of its location in a Clood Plain t•tanagement
District, to an extent or amount of f•if ty (5U) percent or
more of its market value shall be undertaken only in full
compliance witH this Ordinance and the provisions of the
Virginia Uniform Statewide Building Code.
The motion passed unanimously (5-0).
4. An Ordinance to Amend Section 15-1.1 of the
Isle of Wight County Code to Extend the Period
of Time for the Assessment of Fees in All
Criminal and Traffic Cases for Courthouse,
Construction, Renovation or Maintenance
County Attorney Crook stated this ordinance was adopted last
year as a result of an act of the General Assembly which allowed
the County to add $2 to the costs of court in criminal and traffic
cases with the money to be used for the construction, renovation
or maintenance of jail or courthouse. County Attorney Crook
further stated the act of the General Assembly in 1990 put a one
year limitation on the ordinance and this year the General Assembly
repealed the provision of a year limitation thus enabling the
County to enact an ordinance to also repeal the one year
limitation.
19
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Chairman Bradby called for citizens to speak in favor.
No one appeared.
Chairman Bradby called for citizens to speak in opposition.
No one appeared.
Chairman. Bradby called for comments by the Board..
Supervisor Edwards moved the Board adopt the following
ordinance:
AN ORDINANCE TO AMEND SECTION 15-1.1 OF THE ISLE OF WIGHT COUNTY
CODE TO EXTEND THE PERIOD OF TIME FOR THE ASSESSMENT OF FEES IN ALL
CRIMINAL AND TRAFFIC CASES FOR COURTHOUSE CONSTRUCTION, RENOVATION
OR MAINTENANCE
WHEREAS, the General Assembly of Virginia in 1990 Session,'by
an Act embodied in Section 14.1-133.2 of the Code of Virginia
authorized any county, city or town through its governing body to
assess as part of the fees taxed as costs in each criminal or
traffic case in a district or circuit court a sum not in excess of
two dollars ($2.00) for disbursement by the governing body for the
construction, renovation or maintenance of courthouse or jail and
court-related facilities and to defray increases in the costs of
heating, cooling,. electricity and ordinary maintenance; and,
WHEREAS, the County of Isle of Wight is incurring a large
indebtedness in and about the .construction of a jail and the
imposition of such a fee would aid the County in meeting its
obligations for said jail and would help to defray the costs of
same as well as to defray increased costs in .and about courthouse
construction, maintenance and increased costs of heating, cooling,
electricity and ordinary maintenance; and,
WHEREAS, the Act of the General Assembly of Virginia of 1990
embodied in Section 14.1-133.2 of the Code of Virginia provided
that said Section would expire July 1, 1991 and whereas, the Board
of Supervisors of Isle of Wight County adopted an ordinance on June
7, 1990 as Section 15-1.1 of the Isle of Wight County Code and
provided therein that said ordinance would be effective from July
1, 1990 but would expire July 1, 19.91 unless authorized for an
extended period of time by the General Assembly of Virginia and by
amendment to such effect by the Board of Supervisors of Isle of
Wight County, Virginia; and,
WHEREAS, the General Assembly of Virginia by an .Act of 1991,
Chapter 689., Clause 2, repealed the provision of the Act of 1990,
Chapter 543, Clause 2, so that .the expiration provision thereof
will not be given effect.
NOW,. THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Board
of Supervisors of Isle of Wight County, Virginia, that Section 15-
1.1 of the Isle of Wight Country Code, adopted June> 7, 1990, is
hereby amended by the repeal of the last paragraph of said.
ordinance to the effect that said ordinance shall hereafter read
as follows:
Section 15-1.1. Assessment for construction,: renovation or
maintenance of courthouse or jail and court-related
facilities.
There is hereby assessed the sum of two dollars
($2.00j in each and every criminal and traffic case filed
in the General District Court,. the Juvenile and Domestic
Relations District Court, and the Circuit Court of Isle
of Wight County, Virginia, which shall be collected by
the Clerk of said Court in which the action is filed-and
remitted to the Treasurer of the County of Isle of Wight
and held by said Treasurer subject to disbursements by
the Board of Supervisors of Isle of Wight County,
Virginia, for the construction, renovation or maintenance
of courthouse or jail and court-related facilities and
to defray increases in the costs of heating, cooling and
electricity, and ordinance maintenance.
20
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The assessment provided for herein shall be in addition to any
other fees prescribed by law.
The motion passed unanimously (5-0).
5. An Ordinance to Amend the Isle of Wight County
Code Chapter 4, Article II, Section 4-3.1
Adopting the Virginia Uniform Statewide
Building Code, Volume II, Building Maintenance
Code
Chairman Bradby called for citizens to speak in favor-.
No one appeared.
Chairman Bradby called for citizens to speak in opposition.
Grace Keen requested information regarding the ordinance.
County Attorney Crook stated the County has in the present.
code the adoption of the building maintenance code which was
adopted as it existed on October 1, 1986. County Attorney Crook
further stated since that time the building maintenance code for
the State has been revised and now the County is revising the
ordinance to update it.
Grace Keen requested the Board to keep in mind that the County
has many elderly and handicapped citizens.
Chairman Bradby called for comments by the Board.
Supervisor Bradshaw moved the Board adopt the following
ordinance:
AN ORDINANCE TO AMEND THE ISLE OF WIGHT COUNTY CODE CHAPTER 4,
ARTICLE II, SECTION 4-3.1 ADOPTING THE VIRGINIA UNIFORM STATEWIDE
BUILDING CODE, VOLUME II, BUILDING MAINTENANCE CODE
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors
of Isle of Wight County, Virginia, that the Isle of Wight County
Code, Chapter 4, Article II, Section 4-3.1, is hereby amended to
read as follows:
Sec. 4-3.1 adoption of Buildinq_Maintenance Code.
There is hereby adopted by reference in the County
the Virginia Uniform Statewide Building Code, Volume II,
Building Maintenance Code, adopted by the State Board of
Housing and Community Development, 1990 Edition, as
currently in effect and as amended in the future. Such
Code is adopted in its entirety and is to be enforced in
its entirety by the building official and building
department of the County by active enforcement.
The motion passed unanimously (5-0~.
~~
Chairman Bradby called for Citizens Comments.
No one appeared.
//
Chairman Bradby called for the Community Development report.
Mr. Caskey presented the following applications for the
Board's consideration:
1. The application of Stephen G. Merrill for a
Conditional Use Permit to continue the location
of a mobile home for thirty-six (36) months
while constructing his residence on a total of
eighty-five (85) acres of land located on the
north side of Route 649, between Route 637 and
Route 646, in Hardy Magisterial District
21
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Chairman Bradby called for comments by the Board.
Supervisor Turner moved the Board approve the application of
Stephen G. Merrill. 'The motion passed unanimously (5-0).
2. The application of Columbia Gas Transmissions
for a Conditional Use Permit to replace a
measuring and regulating station for
distribution of natural gas, to be delivered
to the Smithfield area, on 1.1 acres of .land
located on the south side of Route 704, in
Newport Magisterial District
Chairman Bradby called for comments by the Board.
Supervisor Turner moved the Board approve the application of
Columbia Gas Transmissions. The motion passed unanimously (5-0).
Mr. Caskey stated in June of 1991 the developer of Myers
Landing Subdivision reached a deadline set by the Board for the-
completion of remaining road and drainage improvements- and as a
result of noncompliance, the Board directed that County staff
pursue with the surety company demand on the surety bond which has
been done. Mr. Caskey presented to the Board a punch list
developed by the Virginia Department of Transportation specifying
the remaining items to be completed and a copy of a bid proposal
received from Rountree Construction Company. Mr. Caskey ad•~ised
this information was relayed to the claims attorney for Fidelity
and Deposit Company of Maryland who has indicated their agreement
to the County entering into such contract and confirmation that
Fidelity and Deposit Company of Maryland will, upon receipt of a
written contractual agreement .between the County and the
contractor, provide funds to complete the work.
Supervisor Edwards-asked how many bids were received.
Mr. Caskey. replied Rountree Construction Company was the only
construction company contacted.
County Attorney Crook stated that the matter needed to be .put
to bid under the Virginia Public. Procurement Act.
Supervisor Edwards moved the Board direct County staff to put
the matter to bid and report back to the Board. The motion passed
unanimously (5-0).
Mr. Caskey stated that Littleton Estates, Pine Meadows Estates
and Belmont Terrace were three subdivisions in the County which
remain in noncompliance with the County's subdivision regulations.
Mr. Caskey further stated the Letter of Credit or bonds for these
subdivisions have expired and the roads have not been accepted into
the State highway system.
County Attorney Crook stated he had communicated with the
attorney and owners of Littleton Estates. He was advised by their
attorney .that they have a recreational lot they wish to sell, but
to date, they. have been unsuccessful in getting all the landowners
to agree to vacating it on the subdivision plat.
Supervisor Turner moved the Board request the County Attorney
to research and recommend to the Board how the County should
proceed in addressing the above subdivisions. The motion passed
unanimously (5-0).
Mr. Caskey stated at a previous meeting he requested direction
from the Board concerning the sale of 911 Emergency Response
Manuals and that the Board had directed staff to determine if there
were restrictions on the sale of the manuals at other localities.
Mr. Caskey further stated there were no such restrictions being
placed on the sale of the manuals at other localities.
Supervisor Ross moved the Board authorize .County staff to make
the manuals available to the public at a cost of $100 each. The
motion passed unanimously (5-0).
22
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Mr. Caskey introduced Arthur Berkley, the new Superintendent
of Inspections/Building Official for the County.
//
Chairman Bradby called for the County Attorney's report.
County Attorney Crook stated at a previous meeting he was
requested to prepare a resolution to be sent to the Governor's
office concerning the drought in the County which he then presented
to the Board. Thereupon, Supervisor Turner moved the Board approve
the adoption of the following resolution:
RESOLUTION
WHEREAS, Isle of Wight County, Virginia, has experienced
severe drought conditions during the months of April-May-June,
1991; and,
WHEREAS, said drought has severely damaged the corn crop of
Isle of Wight County, Virginia; and,
WHEREAS, Isle. of Wight County has approximately 20,000 acres
of corn which is estimated by the Agricultural Extension Agent,
Virginia Cooperative Extension Service, to be reduced in yield
potential by approximately 50$ and possibly more amounting to a
total reduction of corn production of Isle of Wight County by
approximately 1,000,000 bushels, worth approximately $2,500,000 at
today's price.
NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County
Board of Supervisors hereby requests the Governor of Virginia to
designate Isle of Wight County, Virginia, a disaster area for the
purpose of being eligible for Federal Assistance Programs.
The Clerk of this Board is directed to forward a certified
copy of this resolution to the Honorable Douglas E. Wilder,
Governor of Virginia.
The motion passed unanimously (5-0).
County Attorney Crook stated at the previous meeting he was
directed to prepare a resolution regarding restricting the opening
of the James River Bridge during peak motor vehicular hours which
he then presented to the Board. Thereupon, Supervisor Ross moved
the Board approve the adoption of the following resolution:
A RESOLUTION IN SUPPORT OF THE VIRGINIA
DEPARTMENT OF TRANSPORTATION'S RESTRICTING THE
OPENING OF THE JAMES RIVER BRIDGE FOR SHIPS
DURING THE PERIOD OF PEAK MOTOR VEHICLE TRAFFIC
WHEREAS, the Virginia Department of Transportation has
proposed that the United States Coast Guard restrict opening the
James River Bridge draw span for marine traffic during periods of
heavy motor vehicle traffic across said bridge Monday through
Friday; and,
WHEREAS, opening the draw span during peak motor vehicle
traffic causes motor vehicle traffic to back up on Highway 17,
Carrollton Boulevard, in Isle of Wight County; and,
WHEREAS, such congestion results in .traffic accidents, further
motor vehicle delays by inoperable vehicles, wasted fuel and
increased air pollution.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Isle of Wight County, Virginia:
1. That the Board of Supervisors hereby finds that opening
the James River Bridge draw span during periods of peak motor
vehicle traffic has a significant detrimental effect on the County
of Isle of Wight by increasing motor vehicle traffic congestion,
accidents and air pollution.
23
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2. That the Board of Supervisors of Isle of Wight County,
Virginia, supports the. request of the Virginia Department- of
Transportation that the United States Coast Guard restrict the
opening of the .draw span of the James River Bridge during periods
of peak motor vehicle traffic, especially during the period of 4:00
p.m. to 4:30 p.m. on Monday through Friday.
3. That a copy of this resolution be sent to the Commander
of the Fifth Coast Guard District and to the District Engineer of
the Virginia Department of Transportation.
The motion passed unanimously (5-0).
County Administrator Standish requested the Board direct the
County Attorney to advertise the public hearing regarding the
bonded indebtedness and to consider a multi-jurisdictional services
agreement-for the August 15, 1991 meeting of the Board.
Supervisor Turner moved the County Attorney advertise the
public hearing relative to bonded indebtedness and consider a
multi-jurisdictional services agreement relative to the .jail for
the Board's August 15, 1991 meeting. The motion passed unanimously
(5-0).
//
Chairman Bradby called for the County Administrator's report..
David J. Murphy, Director of Public Utilities, introduced Ross
Schlobohm, Chief of Planning for Hampton Roads Sanitation District.
Ross Schlobohm presented a briefing to the Board on the
proposed and alternate .routes .and attendant costs for an
interceptor force main proposed to serve the northern part of the
County. Mr. Schlobohm advised if the Board wished to sign an
agreement with HRSD tonight, the County would have several months
to determine the exact route of the HRSD line because HRSD would
first have to get the RFPs ready for advertising and procure an
engineer.
Supervisor Turner moved that the agreement between Smithfield
Foods and Isle of Wight County be forwarded to the Industrial
Development Authority for their consideration. The motion passed
(3-0) with Supervisors Turner, Bradby and Bradshaw voting in favor
and Supervisors Ross and .Edwards abstaining.
Supervisor Bradshaw moved that the agreement between the
County. and HRSD be approved, subject to the County and HRSD
agreeing to an alternate route and that it include amended language
to provide the County the authority to change the routing of the
sewer line. The motion passed (4-1) with all members voting in
favor except Supervisor Edwards who voted in opposition to the
motion.
//
At 8:40 P.M. , Supervisor Turner moved the Board take a ten
minutes recess. The. motion passed unanimously (5-0).
//
Upon returning to open session, Tony Redman presented
alternative scenarios for growth management in the County for the
Board's information. Mr. Redman stated the County should strive
to preserve the rural atmosphere with adequate natural buffers.
At the request of County Administrator Standish, Supervisor
Turner moved the Board adopt the following resolution:
RESOLUTION TO ACCEPT AND APPROPRIATE THREE THOUSAND FIVE HUNDRED
TWENTY-FIVE DOLLARS FROM THE COMMONWEALTH OF VIRGINIA, STATE
BOARD OF ELECTIONS FOR THE REGISTRAR AND ELECTORAL BOARD
WHEREAS, the Board of Supervisors of the County of Isle of
Wight, Virginia has been notified of salary increases from the
Commonwealth of Virginia, State Board of Elections, for the
Registrar and Electoral Board, and,
24
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WHEREAS, the funds in the amount of three thousand five
hundred twenty-five dollars ($3,525) to be received from the
Commonwealth of Virginia, State Board of Elections, .need to be
appropriated to the Registrar, Salaries and Electoral Board,
Compensation line items in the 1991-92 budget of the County of
Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board
of Supervisors of the County of Isle of Wight, Virginia that three
thousand five hundred twenty-five dollars ($3,525) to be received
from the Commonwealth of Virginia, State Board of Elections, be
appropriated to line items 11-1302-1001, Registrar, Salaries
($2,285) and 11-1301-1010 Electoral Board, Compensation ($1,240)
in the 1991-92 budget of the County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the
appropriate accounting adjustments in the budget and to do all the
things necessary to give this resolution effect.
The motion passed unanimously (5-0).
County Administrator Standish stated he was previously
directed to request a proposal from the.Durrant Group relative to
developing a master plan for the County's facilities. County
Administrator Standish further stated he recommended the Board
authorize a master plan.
Supervisor Turner moved the Board authorize a master plan.
The motion passed unanimously (5-0).
Supervisor Edwards moved the Board adopt the following
resolution:
RESOLUTION TO APPROVE THE DEVELOPMENT AND SUBMISSION OF A GRANT
APPLICATION FOR THE LITTER CONTROL PROGRAM AND TO ACCEPT AND
APPROPRIATE THREE THOUSAND TWO HUNDRED EIGHTY-NINE DOLLARS FROM
THE COMMONWEALTH OF VIRGINIA,. DEPARTMENT OF WASTE MANAGEMENT
WHEREAS, the Board of Supervisors of the County of Isle of
Wight, Virginia is approving the development &•submission of an
application for a grant from the Commonwealth of Virginia,
Department of Waste Management, for the Litter Control Program;
and,
WHEREAS,` the funds in the amount of three thousand two
hundred eighty-nine dollars ($3,289) to be received from the
Commonwealth of Virginia, Department of Waste Management, need to
be appropriated to the Litter Control Program line item in the
1991-92 budget of the County of Isle of Wight,. Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the :Board
of Supervisors of the County of Isle of Wight, Virginia that three
thousand two hundred eighty-nine dollars (53,289) to be received
from the Commonwealth of Virginia, Department of Waste Management,
be appropriated to line items 28-5125-5401, Litter Control Program,
Supplies in the 1991-92 budget of the, County of Isle of Wight.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the
appropriate accounting adjustments in the budget for this grant and
to do all the things necessary to give this resolution effect.
The motion passed unanimously (5-0).
Supervisor Turner moved the Board adopt the following
resolution:
A RESOLUTION REQUESTING THE COMMISSIONER OF THE VIRGINIA DEPARTMENT
OF TRANSPORTATION TO ACCEPT AND INCLUDE WINTERBERRY LANE, NORTH AND
SOUTH WINTERBERRY COURT, WINTERBERRY CIRCLE AND CLIPPER CREEK
CIRCLE INTO THE VIRGINIA STATE SECONDARY ROAD SYSTEM
25
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WHEREAS, the Resident Engineer of the Virginia Department of
Transportation has this day advised this Board that streets in the
Gatling Pointe Subdivision., Newport District, Isle of Wight,
Virginia, have been built in accordance with Secondary Road
Policies, and the Isle of Wight County Subdivision Ordinance
relating to acceptance of streets into the State's Secondary Road
System.
NOW, THEREFORE, BE IT RESOLVED, that the Commissioner of the
Virginia Department of Transportation is requested to include into
the Virginia Secondary Road System for maintenance the following
described streets in Gatling Pointe Subdivision.
1. Winterberry Lane:. Beginning at a point on State Route
1170, 0.12 miles north of its intersection with State
Route 704; thence running in a northeasterly direction
0.42 miles to a cul-de-sac.
2. South Winterberry Court:
Winterberry Lane, 0.07 miles
~,Z
Length: 9-:-42 miles
Right of way: 50 feet
Total length: -e_~'2 miles
~aZ3
Beginning at a point on
from its intersection with
State Route 1170; .thence running in a southerly direction
0.06 miles to a cul-de-sac.
Length: 0.06 miles
Right of way: 50 feet
Total length: 0.06 miles
3. North Winterberry Court: Beginning at a point on
Winterberry Lane, 0.07 miles from its intersection with
State Route 1170; thence running in a northerly
direction, 0.06 miles to a cul-de-sac.
Length: 0.06 miles
Right of way: 50 feet
Total length: 0.06 miles
4. Winterberry Circle: Beginning at a point on Winterberry
Lane, 0.16 miles from its intersection with State Route
1170; thence running in an easterly direction, 0.09 miles
to a cul-de-sac.
Length: 0.09 miles
Right of way: 50 feet
Total length: 0.09 miles
5. Clipper Creek Circle: Beginning at a point on State
Route 1185 which is 0.07 miles from its intersection with
State Route 1186; thence running in an easterly
direction, 0.06 miles to a cul-de-sac.
Length: 0.06 miles
Right of way: 50 feet
Total length: 0.06 miles.
Unrestricted rights of way fifty (50) feet in width and additional
right of way for the cul-de-sacs, along with the necessary drainage
easements have been provided and are on record in the Office of the
Clerk of the Circuit Court at Isle of Wight County in Plat Book No.
14, Page 189, Slide 374, June 14, .1988, Plat Book No. 14, .Slide
364, June 14, 1988 and is guaranteed.
The motion passed unanimously (5-0).
County, Administrator Standish passed out for the Board's
information the annual report of the Auditor of Public Accounts
which summarized cost data for all localities.
,County Administrator Standish advised the Board that he would
.recommend at the August 1, 1991 meeting that the Board authorize
the expenditure of approximately $14,000 to replace the HVAC system
1n the Circuit Court Clerk's office.
26
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Chairman Bradby called for New Business.
There was no new business presented for discussion.
//
Chairman Bradby called for Old Business..
There was no old business presented for discussion.
//
Chairman Bradby called for Appointments.
Supervisor Ross moved the Board appoint Dr. Susan Lopresti to
the Youth Services Board for a three years term. The motion passed
unanimously (5-0).
//
Chairman Bradby called for approval of the June 20, 1991
minutes of the Board.
Upon recommendation of County Attorney Crook, Supervisor Ross
moved the Board approve the June 20, 1991 minutes of the Board.
The motion passed unanimously (5-O)..
//
County Attorney Crook requested an Executive Session under
Section 2.1-344 A(1) of the Freedom of Information Act specifically
for discussion of a personnel matter regarding early retirement
and under Section 2.1-344 A(7) of the Freedom of Information Act
for discussion with counsel concerning ongoing litigation,
specifically the Keusal versus Isle of Wight County suit.
Supervisor Turner moved the Board qo into Executive Session
for the reasons stated by County Attorney Crook. The motion passed
unanimously (5-0).
At 10:05 P.M., Supervisor Edwards moved the Board adopt the
following resolution:
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS, the Board of Supervisors has convened an executive
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, 2.1-344.1 of the Code of Virginia requires a
certification by this Board of Supervisors that such executive
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 executive
meeting to which this certification resolution applies, and (ii)
only such public business matters as were identified in the motion
convening the executive meeting were heard, discussed or considered
by the Board of Supervisors.
VOTE
AYES: 5
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING:. 0
The motion passed unanimously (5-0).
i~
//
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