2012-11-14 MinutesBOARD OF SUPERVISORS
MINUTES
November 14, 2012
Supervisors in Attendance: Staff in Attendance:
Mr. Daniel A. Gecker, Chairman Mr. Mike Bacile, Dir.,
Ms. Dorothy A. Jaeckle, Vice Chrm. Purchasing
Mr. Arthur S. Warren Dr. Sheryl Bailey, Dep.
Mr. James M. Holland County Administrator,
Mr. Stephen A. Elswick Management Services
Ms. Janice Blakley,
Mr. James J. L. Stegmaier Clerk to the Board
County Administrator Ms. Marilyn Brown, Dir.,
Juvenile Detention Home
Ms. Patsy Brown, Dir.,
Accounting
Ms. Debbie Burcham,
Exec. Dir., Community
Services Board
Mr. Allan Carmody, Dir.,
Budget and Management
Mr. Roy Covington, Dir.,
Utilities
Mr. Jonathan Davis, Dir.,
Real Estate Assessments
Mr. Will Davis, Dir.,
Economic Development
Mr. William Dupler, Dep.
County Administrator,
Community Development
Colonel Thierry Dupuis,
Police Department
Mr. Michael Golden, Dir.,
Parks and Recreation
Mr. Lawrence C. Haake, III,
Registrar
Mr. Donald Kappel, Dir.,
Public Affairs
Mr. Rob Key, Director,
General Services
Mr. Louis Lassiter, Asst.
County Administrator
Ms. Mary Martin Selby,
Dir., Human Resource
Services
Mr. R. John McCracken,
Dir., Transportation
Mr. Richard M. McElfish,
Dir., Env. Engineering
Mr. Jeffrey L. Mincks,
County Attorney
Ms. Marsha Sharpe, Dir.,
Social Services
Ms. Sarah Snead, Dep.
County Administrator,
Human Services
Mr. Kirk Turner, Dir.,
Planning
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Mr. Mike Westfall, Dir.,
Internal Audit
Mr. Rick Witt,
Building Official
Mr. Scott Zaremba, Dir.,
Human Resource Programs
Mr. Gecker called the regularly scheduled meeting to order at
3:00 p.m.
1. APPROVAL OF MINUTES FOR OCTOBER 24, 2012
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the minutes of October 24, 2012, as submitted.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
2. COUNTY ADMINISTRATOR'S COMMENTS
2.A. COUNTY ADMINISTRATOR'S REPORT
• Mr. Stegmaier updated the Board on the recent grand
opening of the Swift Creek Family YMCA at Hampton Park.
The facility is a 45,000 square feet multilevel building
and is the 17th built by the YMCA of Greater Richmond
and it includes a 7,600-square-foot main workout studio,
complete with new cardio machines, circuit training,
free weights and a spacious area for core exercises.
• Mr. Stegmaier updated the Board on the progress of the
Sabra plant expansion in the Walthall area. The facility
is expected to be completed in the first half of next
year.
• Mr. Stegmaier updated the Board on the construction of
the Capital One facility at Meadowville which is
expected to be completed in fall of 2013. He stated this
facility will add to Chesterfield's local job base and
keep the local economy strong.
• Mr. Stegmaier
Chesterfield
Mental Health
accreditation
Commission on
( CARF) .
was pleased to inform the Board that the
Community Services Board Department of
Support Services received a three year re-
for all of its programs from the
Accreditation of Rehabilitation Facilities
2.B. FORT LEE OUTREACH PROGRAMS
Colonel Thomas A. Rivard, 59th Ordnance Brigade, provided
details of the efforts of Fort Lee's Ordnance Center and
School to become actively engaged with the Chesterfield
County community, as part of a larger effort of the U.S.
Army.
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Mr. Gecker expressed his appreciation to Colonel Rivard and
stated the Board is pleased with the increase in numbers at
Fort Lee and he looks forward to a long-term, solid
relationship with Fort Lee.
Ms. Jaeckle stated she looks forward to building a
relationship between the county and Fort Lee.
Mr. Holland expressed his appreciation for Colonel Rivard's
informative presentation. He stated he applauds Fort Lee's
efforts to reach out to veterans in the community.
In response to Mr. Holland's question regarding the status of
the hotel at Fort Lee, Colonel Rivard stated a full operation
opening is scheduled for March 2013.
Mr. Elswick expressed his appreciation to Colonel Rivard for
his efforts to collaborate with the Chesterfield County
community and the Matoaca District.
In response to Mr. Elswick's comments, Colonel Rivard stated
the Bermuda, Matoaca and Dale Districts are the primary focus
because those southern districts are located closer to Fort
Lee.
Mr. Holland expressed his approval relative to gaining
knowledge and skills that are transferable from the military
to the civilian world, which is critical to the work force in
the Richmond area region.
3. BOARD MEMBER REPORTS
Mr. Holland requested that the County Administrator look into
process improvements at Southside Baptist Church polling
place.
In response to Mr. Holland's request, Mr. Stegmaier stated he
would ask Mr. Haake to gather information and report back to
the Board.
Ms. Jaeckle announced she attended a Veteran's Day program at
Bensley Park on November 10th. She commended Mr. Billy Stubbs
for coordinating the event and the guest speakers. She also
announced she attended the Veteran's Day Ceremony at Veterans
Memorial Wall at the Historic Courthouse on November 11th
Mr. Elswick announced he and Dr. Edger Wallin attended the
grand opening of Appomattox Drugs last evening, November 13th
and the Veteran's Day Ceremony at the Veteran's Memorial Wall
at the Historic Courthouse on November 11th
4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS,
DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION
There were no Requests to Postpone Agenda Items or Additions,
Deletions or Changes in the Order of Presentation.
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5. RESOLUTIONS
5.A. RECOGNIZING THE 2012 SENIOR VOLUNTEER HALL OF FAME
INDUCTEES
Ms. Leidheiser introduced Ms. Doris Bachmann and Mr. Steven
Hudak, who were present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
approved the following resolution:
WHEREAS, volunteering is a powerful force for the
solution of human problems and the creative use of human
resources is essential to a healthy, productive and humane
society; and
WHEREAS, our nation's heritage is based on citizen
involvement and citizen participation, and volunteerism is of
enormous benefit in building a better community and a better
sense of one's own well being; and
WHEREAS, the active involvement of citizens is needed
today more than ever to combat growing human and social
problems, to renew our belief that these problems can be
solved and to strengthen our sense of community; and
WHEREAS, volunteering offers all, young and old, the
opportunity to participate in the life of their community and
to link their talents and resources to address some of the
major issues facing our counties, such as education, hunger,
the needs of youths, and of our elderly; and
WHEREAS, agencies that benefit from volunteers should
show their appreciation and recognition to the many
volunteers who possess many skills and talents, which they
generously and enthusiastically apply to a variety of
community tasks, and encourage others to participate in
programs as volunteers; and
WHEREAS, fifteen adults in Chesterfield County aged 65-
plus have donated 87,291 hours of volunteer service since
they have attained the age of 65.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 14th day of November 2012,
publicly recognizes Ms. Doris Bachmann, Mr. Tom Connolly and
Mr. Steven Hudak, who were inducted into the Chesterfield
Senior Volunteer Hall of Fame on October 25, 2012, and
expresses appreciation to these dedicated volunteers who
contribute immeasurably to various programs throughout the
area to strengthen our county and build bridges to the
future.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
Mr. Gecker presented the executed resolution to Mr. Hudak and
Ms. Bachmann and expressed his appreciation for their
volunteer service and dedication to the county.
Mr. Hudak and Ms. Bachmann thanked the Board for the special
recognition.
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6. WORK SESSIONS
6.A. PRESENTATION FROM CHESTERFIELD-COLONIAL HEIGHTS SOCIAL
SERVICES BOARD
Mr. Dean Lynch, Chairman of the Chesterfield/Colonial Heights
Social Services Board, introduced members of the Social
Services Board who were present at the meeting.
Ms. Marsha Sharpe, Director of Social Services, presented
information describing the current Social Services
environment, revenue and expenditure totals, examples of
positive outcomes and challenges facing the agency moving
forward. She stated in collaboration with individuals,
families and the community, the Department of Social
Services' mission is to provide advocacy and excellent
services that encourage self-sufficiency; preserve and
restore families; and protect the well-being of children,
senior citizens and people with disabilities. She highlighted
two demographic aspects impacting the demand for services.
She stated while our locality has fared better than many
Virginia localities, the poverty rate is higher in the
locality than 2001. She further stated the causes of poverty
are varied and complex and the lingering recession has caused
families to slide under the poverty level. She stated public
assistance caseloads in the three largest programs, Medicaid,
Supplemental Nutrition Assistance and Temporary Assistance
for Needy Families have doubled since 2006. She reviewed the
department response to the demand for services by embracing
new technology; insuring a prepared workforce; continuing
coordinated support for citizens with complex needs;
collaboration and increase of self-service access. She stated
some major challenges the department faces include the
federal fiscal cliff; resources for Medicaid expansion;
possible drug testing for temporary assistance for needy
families; technology stress on staff and turnovers; and space
constraints. She reviewed some outcomes the Social Services
Department desires to continue to insure healthy families and
healthy community; strong self-sufficient families; sustained
well-being of children, youth, and aging and disabled adults.
She concluded by sincerely thanking the Board for its support
for the work the department does in accomplishing its
mission.
Mr. Gecker expressed appreciation for the informative
presentation and continued commitment of the departmental
staff .
Ms. Jaeckle expressed concerns relative to technology and
removing the social worker from any interaction with the
citizen.
7. DEFERRED ITEMS
There were no Deferred Items at this time.
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8. NEW BUSINESS
8.A. CONSENT ITEMS
8.A.1. ADOPTION OF RESOLUTIONS
8.A.l.a. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT
8.A.i.a.1. BATTALION CHIEF PAUL L. NEWTON, FIRE AND
EMERGENCY MEDICAL SERVICES DEPARTMENT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the following resolution:
WHEREAS, Battalion Chief Paul L. Newton retired from the
Chesterfield Fire and Emergency Medical Services Department,
Chesterfield County, on November 1, 2012; and
WHEREAS, Battalion Chief Newton was hired in November
1978 as a fire dispatcher, and became a firefighter in July
1979, graduated from Recruit School #10 and served at the
Ettrick and Clover Hill Fire and EMS Stations; and
WHEREAS, Battalion Chief Newton was promoted to sergeant
in March 1986 and served at the Matoaca, Wagstaff, Dutch Gap,
and Bensley Fire and EMS Stations; and promoted to lieutenant
in May 1990 and upgraded to captain in January 1992 serving
at the Dale, Bensley, and Buford Fire and EMS Stations; and
promoted to senior captain in March 1996 and served as the
administrative officer on "B" shift as well as the co-
director of the Emergency Communications Center while in that
rank; and
WHEREAS, Battalion Chief Newton was promoted to
battalion chief in October 2002 and served in the central and
western battalions until June 2009 when he served as the
operations division chief in Fire Administration; and
WHEREAS, Battalion Chief Newton responded to several
significant incidents during his career, including the Days
Inn fire, a fire at ICI, the Franklin Street fire in
Petersburg, the Colonial Heights Wal-Mart tornado, and a
natural gas pipeline fire on Hensley Road, as well as a major
chemical spill that impacted the Richmond National
Battlefield Park at Drewry's Bluff; and
WHEREAS, Battalion Chief Newton was recognized in 1987
with a Life Save Award for his actions in saving a citizen' s
life after the individual suffered a cardiac arrest, and a
Unit Citation for his actions in removing a citizen trapped
under an overturned truck; and
WHEREAS, Battalion Chief Newton is a Nationally
Registered EMT - Paramedic, a graduate of the National Fire
Academy Executive Fire Officer Program and an active EMS
instructor teaching continuing education and other EMS
classes; and
WHEREAS, Battalion Chief Newton served as the
coordinator for Recruit School #19; Station Design Committee
member for the Dutch Gap Fire and EMS Station; project
manager for renovations to the Matoaca Fire and EMS Station
to accommodate career firefighters; program coordinator for
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the Dry Hydrant Grant; member of the project team for the
Motorola Astro Digital Trunked Radio System in 2001; member
of the Revenue Recovery Project Team; participated in the re-
write of the Career Development Program and coordinated the
regional Wireless 911 initiative, as well as the State
Department of Health's transition to the Hospital Emergency
Administrative Radio System to comply with Federal and State
narrowbanding mandates; and
WHEREAS, Battalion Chief Newton was active in the
regional communications enhancement initiatives by
representing Chesterfield Fire and EMS on the Capital Region
Communications Steering Committee; the Virginia Statewide
Communications Interoperability Plan Development Committee;
the Regional Preparedness Advisory Committees for
Interoperability where he served as Vice-Chair and Chair, as
well as the Federal Communications Commission Region 42; and
WHEREAS, Battalion Chief Newton also contributed to the
Central Virginia Metro Fire Chiefs Operations Committee by
coordinating the development of regional Standard Operating
Guidelines for Emergency Evacuation and Mayday practices.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the contributions of
Battalion Chief Paul L. Newton, expresses the appreciation of
all residents for his service to the county, and extends
appreciation for his dedicated service and congratulations
upon his retirement.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.1.a.2. MR. MARK G. BRYANT, PARKS AND RECREATION
DEPARTMENT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the following resolution:
WHEREAS, Mr. Mark G. Bryant retired from the
Chesterfield County Department of Parks and Recreation
effective October 31, 2012; and
WHEREAS, Mr. Bryant began his public service with
Chesterfield County in February 1981, with the Parks and
Recreation Department, as a full time Principal County
Maintenance Worker, and has continued his service as a
Principal County Maintenance Worker within several park
districts; and
WHEREAS, Mr. Bryant has provided excellent customer
service, integrity, work ethic and knowledge in the
maintenance and development of Chesterfield County parks and
school facilities; and
WHEREAS, Mr. Bryant has been an invaluable asset and
mainstay for the Parks and Recreation Department for the past
31 years; and
WHEREAS, Mr. Bryant has been dedicated, productive and
dependable in the fulfillment of his position
responsibilities; and
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WHEREAS, Mr. Bryant will be missed by his co-workers,
supervisors, and the citizens of Chesterfield County, whom he
has served.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Mr. Mark G. Bryant, expresses the
appreciation of all residents for his 31 years of service to
Chesterfield County, and extends appreciation for his
dedicated service to the county and congratulations upon his
retirement, as well as best wishes for a long and happy
retirement.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.1.a.3. MR. CONNIE L. SEXTON, UTILITIES DEPARTMENT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the following resolution:
WHEREAS, Mr. Connie L. Sexton retired from the
Chesterfield County Utilities Department on November 14,
2012; and
WHEREAS, Mr. Sexton began his public service with
Chesterfield County in March 1989 in the Utilities Department
Water Distribution Section and was later promoted to
positions at both the Falling Creek Wastewater Treatment
Plant and the Proctors Creek Wastewater Treatment Plant; and
WHEREAS, on August 21, 1993, Mr. Sexton transferred to a
position in the Billing and Customer Service Office and then
to New Construction Services where he continued his service
until his retirement; and
WHEREAS, in recognition of his dedication, skills and
exceptional job performance, Mr. Sexton, throughout his
career, has received several promotions and numerous
certificates of recognition for teamwork, customer service
and for dedicated service; and
WHEREAS, Mr. Sexton is recognized for his unique
aptitude and ability related to customer service,
volunteering for additional duties, and working many hours by
arriving to the office early or staying late to assist in
completing work; and
WHEREAS, Mr. Sexton was responsible for the accurate
calculation and posting of bill payments from customers who
came to pay their bills in person at the Utilities
Administration Building; and
WHEREAS, Mr. Sexton provided first-class customer
service to numerous internal and external customers,
including builders and developers, in the most courteous and
professional manner; and
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WHEREAS, Mr. Sexton has demonstrated significant
knowledge and excellent leadership skills and has assisted in
training, mentoring and developing new employees in the New
Construction Services Section to help them become successful;
and
WHEREAS, Mr. Sexton provided valuable assistance in
implementing the new Customer Information System (CIS)
without complication due to his willingness to learn the
system; and
WHEREAS, Mr. Sexton further displayed his dedication to
his department by effectively serving as a member of the
Utilities Quality Council; and
WHEREAS, Mr. Sexton learned and became proficient on the
financial system for entering miscellaneous fees and in using
the Building Inspection System (POSSE) for entering utility
connection information; and
WHEREAS, Mr. Sexton exhibited dedication, knowledge,
pride and quality in the work he has performed as a Customer
Service Representative in the New Construction Services
Office and will be greatly missed by his co-workers, as well
as the customers he served.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Connie L. Sexton
and extends on behalf of its members and the citizens of
Chesterfield County, appreciation for his twenty-three years
of service to the county.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.1.a.4. MR. CHARLES R. CHITWOOD, JWENILE DETENTION HOME
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the following resolution:
WHEREAS, Mr. Charles R. Chitwood retired from the
Chesterfield County Juvenile Detention Home on November 1,
2012, after providing more than 20 years of quality service
to the citizens of Chesterfield County; and
WHEREAS, Mr. Chitwood has faithfully served the county
in the capacity of group home residential counselor,
probation supervisor, probation director, detention home
program administrator and assistant director; and
WHEREAS, Mr. Chitwood was committed to recruiting a
diverse and competent workforce during his years as Assistant
Director of Chesterfield Juvenile Detention Home; and
WHEREAS, Mr. Chitwood was tasked with developing a post-
dispositional program during his years as Assistant Director
of Chesterfield Juvenile Detention Home, a dispositional
alternative to state commitment for use by the judges in
Chesterfield County and the City of Colonial Heights; and
WHEREAS, Mr. Chitwood was elected the 1982 Employee of
the Year for the Twelfth District Court Service Unit; and
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WHEREAS, Mr. Chitwood served the community on the Board
of Wells Athletic Association from 1986 - 1994; and
WHEREAS, Mr. Chitwood has been a member of the Emory and
Henry College Alumni Association since 1974.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Charles R.
Chitwood, and extends on behalf of its members and the
citizens of Chesterfield County, appreciation for his years
of loyal service to the county, congratulations upon his
retirement, and best wishes for a long and happy retirement.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.l.b. RECOGNIZING NOVEMBER AS "PANCREATIC CANCER
AWARENESS MONTH" IN CHESTERFIELD COUNTY
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the following resolution:
WHEREAS, in 2012, an estimated 43,920 people will be
diagnosed with pancreatic cancer in the United States and
37,390 will die from the disease; and
WHEREAS, pancreatic cancer is one of the deadliest
cancers and is the fourth leading cause of cancer death in
the United States; and
WHEREAS, when symptoms of pancreatic cancer present
themselves, it is late stage, and 74 percent of pancreatic
cancer patients die within the first year of their diagnosis
while 94 percent of pancreatic cancer patients die within the
first five years; and
WHEREAS, approximately 858 deaths will occur in the
Commonwealth of Virginia in 2012 from this disease; and
WHEREAS, the incidence and death rates for pancreatic
cancer are increasing, and pancreatic cancer is anticipated
to move from the fourth to the second leading cause of cancer
death in the United States by 2020, and possibly as early as
2015; and
WHEREAS, the federal government invests significantly
less money in pancreatic cancer research than it does in any
of the other leading cancer killers, and pancreatic cancer
research constitutes only approximately two percent of the
National Cancer Institute's federal research funding, a
figure far too low given the severity of the disease, its
mortality rate, and how little is known about how to arrest
it; and
WHEREAS, the Pancreatic Cancer Action Network is the
national organization serving the pancreatic cancer community
in Chesterfield County and nationwide through a comprehensive
approach that includes public policy, research funding,
patient services, and public awareness and education related
to developing effective treatments and a cure for pancreatic
cancer; and
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WHEREAS, the Pancreatic Cancer Action Network and its
affiliates in Chesterfield County support those patients
currently battling pancreatic cancer, as well as those who
have lost their lives to the disease, and are committed to
nothing less than a cure; and
WHEREAS, the good health and well-being of the residents
of Chesterfield County are enhanced as a direct result of
increased awareness about pancreatic cancer and research into
early detection, causes, and effective treatments.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the month of November
as "Pancreatic Cancer Awareness Month" in Chesterfield County
and calls this recognition to the attention of all its
citizens.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.l.c. RECOGNIZING MR. HANDY L. LINDSEY, JR. FOR HIS
SERVICE AS PRESIDENT AND CEO OF THE CAMERON
FOUNDATION
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved the following resolution:
WHEREAS, Mr. Handy L. Lindsey, Jr. has been instrumental
in advancing The Cameron Foundation's mission to improve the
health and quality of life for people living in the County of
Chesterfield; and
WHEREAS, Mr. Lindsey's visionary leadership has fostered
meaningful partnerships among public, private and nonprofit
organizations working toward this greater good; and
WHEREAS, Mr. Lindsey brought with his leadership a rich
background in philanthropy and a lifelong passion for
community building; and
WHEREAS, Mr. Lindsey has been instrumental in the
development of a number of initiatives by The Cameron
Foundation, with a special emphasis on capacity building for
the nonprofit sector; and
WHEREAS, Mr. Lindsey departs his position as President
and CEO of The Cameron Foundation after inspiring excellence
since February 2004; and
WHEREAS, the County of Chesterfield wishes to recognize
the many contributions that Mr. Lindsey has made to this
community.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mr. Handy L. Lindsey,
Jr. for his exemplary dedication, commitment and service as
The Cameron Foundation's first President and CEO.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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8.A.2. AUTHORIZE THE APPROPRIATION OF STATE CRIMINAL ALIEN
ASSISTANCE PROGRAM GRANT FUNDS FROM THE DEPARTMENT OF
JUSTICE FOR THE SHERIFF'S OFFICE
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
authorized the appropriation of $162,924 in grant funds from
the State Criminal Alien Assistance Program to partially
offset the cost of housing illegal aliens in the Chesterfield
County Jail.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.3. AUTHORIZE THE RECEIPT AND APPROPRIATION OF GRANT
CONTINUATION FUNDS FROM THE DEPARTMENT OF CRIMINAL
JUSTICE SERVICES FOR THE SHERIFF'S OFFICE BRIDGE
SUBSTANCE ABUSE TREATMENT PROGRAM
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
authorized the receipt and appropriation of $62,898 in grant
continuation funds from the Residential Substance Abuse
Treatment Grant to support the BRIDGE substance abuse
treatment program.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.4. APPROVAL OF A MUTUAL AID AGREEMENT BETWEEN
CHESTERFIELD COUNTY FIRE AND EMS AND THE FORT LEE
FIRE AND EMERGENCY SERVICES DIVISION
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
authorized the County Administrator to execute a Mutual Aid
Agreement between Chesterfield County Fire and EMS and the
Fort Lee Fire and Emergency Services Division. (A copy of the
Mutual Aid Agreement is filed with the papers of this Board.)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.5. STATE ROADS ACCEPTANCE
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
adopted the following resolution:
WHEREAS, the streets described below are shown on plats
recorded in the Clerk's Office of the Circuit Court of
Chesterfield County; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has advised this Board the
street meets the requirements established by the Subdivision
Street Requirements of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED, that this Board requests
the Virginia Department of Transportation to add the streets
described below to the secondary system of state highways,
pursuant to Section 33.1-229, Code of Virginia, and the
Department's Subdivision Street Requirements.
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AND, BE IT FURTHER RESOLVED, that this Board guarantees
a clear and unrestricted right-of-way, as described, and any
necessary easements for cuts, fills and drainage.
AND, BE IT FURTHER RESOLVED, that a certified copy of
this resolution be forwarded to the Resident Engineer for the
Virginia Department of Transportation.
Project/Subdivision: Heart Quake Section 3 at Foxcreek
Type Change to the Secondary Syste miles of State Highways:
Addition
Reason for Change: New subdivision street
Pursuant to Code of Virginia Statute: X33.1-229
Street Name and/or Route Number
• Midnight Crossing, State Route Number 7584
From: Winters Prey Trail, (Route 7642)
To: 0.03 miles west of Foxcreek Crossing, (Route 7297), a
distance of: 0.06 miles.
Recordation Reference: PB 191, PG 35
Right of way width (feet) = variable
• Midnight Crossing, State Route Number 7584
From: 0.03 miles west of Foxcreek Crossing, (Route 7297)
To: 0.01 miles west of Foxcreek Crossing, (Route 7297), a
distance of: 0.02 miles.
Recordation Reference: PB 191, PG 35
Right of Way width (feet) = 62 feet
• Winters Prey Trail, State Route Number 7642
From: Heartquake Trace, (Route 7582)
To: 0.06 miles south to Falconers Terrace, (Route 7643), a
distance of: 0.06 miles.
Recordation Reference: PB 191, PG 35
Right of Way width (feet) = 44 feet
• Heathwood Court, State Route Number 7644
From: Winters Prey Trail, (Route 7642)
To: 0.03 miles east to the Cul-de-sac, a distance of: 0.03
miles.
Recordation Reference: PB 191, PG 35
Right of Way width (feet) = 44 feet
• Winters Prey Trail, State Route Number 7642
From: Midnight Crossing, (Route 7584)
To: 0.09 miles south to Heathwood Court, (Route 7644), a
distance of: 0.09 miles.
Recordation Reference: PB 191, PG 35
Right of Way width (feet) = 44 feet
• Winters Prey Trail, State Route Number 764
From: Heathwood Court, (Route 7644)
To: 0.04 miles south to the Cul-de-sac, a distance of: 0.04
miles.
Recordation Reference: PB 191, PG 35
Right of Way width (feet) = 44 feet
• Falconers Terrace, State Route Number 7643
From: Winters Prey Trail, (Route 7642)
To: 0.07 miles east to the Cul-de-sac, a distance of: 0.07
miles.
Recordation Reference: PB 191, PG 35
Right of Way width (feet) = 44 feet
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• Winters Prey Trail, State Route Number 7642
From: Falconers Terrace, (Route 7643)
To: 0.10 miles south to Midnight Crossing, (Route 7584), a
distance of: 0.10 miles.
Recordation Reference: PB 191, PG 35
Right of Way width (feet) = 44 feet
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.6. ACCEPTANCE OF A DONATION FROM DOMINION VIRGINIA POWER
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
accepted and appropriated a donation of $180,000 from
Dominion Virginia Power to assist in the restoration and
preservation of historic sites and operating dollars for
educational programs within the county.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.7. SET DATE FOR PUBLIC HEARINGS
8.A.7.a. TO CONSIDER LEASE OF REAL PROPERTY AT ROBIOUS
LANDING PARK FOR THE OPERATION OF THE ROBIOUS
LANDING BOATHOUSE
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
set November 24, 2012, as the date for a public hearing to
consider lease of real property at Robious Landing Park for
the operation of the Robious Landing Boathouse.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.7.b. TO CONSIDER THE PERSONAL PROPERTY TAX EXEMPTION
REQUEST FROM SWIFT CREEK MILL THEATRE, INCORPORATED
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
set December 12, 2012, as the date for a public hearing to
consider the personal property tax exemption request for
Swift Creek Mill Theatre, Incorporated.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.7.c. TO CONSIDER REAL ESTATE TAX EXEMPTION REQUESTS
8.A.7.c.1. FROM NEW LIFE FOR YOUTH, INCORPORATED
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
set December 12, 2012, as the date for a public hearing to
consider the real estate tax exemption request from New Life
for Youth, Incorporated.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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8.A.7.c.2. FROM CHESTERFIELD ALTERNATIVES, INCORPORATED
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
set December 12, 2012, as the date for a public hearing to
consider the real estate tax exemption request from
Chesterfield Alternatives, Incorporated.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.7.c.3. FROM AFFORDABLE RESIDENCES OF CHESTERFIELD, II
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
set December 12, 2012, as the date for a public hearing to
consider the real estate tax exemption request from
Affordable Residences of Chesterfield, II.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.7.c.4. FROM RICHMOND AFFORDABLE HOUSING
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
set December 12, 2012, as the date for a public hearing to
consider the real estate tax exemption request from Richmond
Affordable Housing.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.8. REQUEST TO QUITCLAIM PORTIONS OF A STORM WATER
MANAGEMENT SYSTEM/BEST MANAGEMENT PRACTICE EASEMENT
ACROSS THE PROPERTY OF ECONOMIC DEVELOPMENT AUTHORITY
OF THE COUNTY OF CHESTERFIELD
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
authorized the Chairman of the Board of Supervisors and the
County Administrator to execute a quitclaim deed to vacate
portions of a SWM/BMP easement across the property of
Economic Development Authority of the County of Chesterfield.
(A copy of the plat is filed with the papers of this Board.)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.9. APPROVAL OF A REQUEST FROM BROCK E. AND COURTNEY
MCALLISTER FOR AN EXCEPTION TO THE USE OF PUBLIC
WATER FOR A PROPOSED RESIDENTIAL STRUCTURE LOCATED ON
VANCE DRIVE
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
approved a request from Brock E. and Courtney McAllister for
an exception to the use of public water for a proposed
residential structure located at 13701 Vance Drive. (A copy
of the plat is filed with the papers of this Board.)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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8.A.10. DESIGNATION OF A WELL LOT AT HORNER PARK
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
designated a well lot at Horner Park and authorized the
County Administrator to execute the declaration. (A copy of
the plat is filed with the papers of this Board.)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.11. ACCEPTANCE OF PARCELS OF LAND
8.A.ii.a. ALONG BELLWOOD ROAD FROM SMITH IRON AND METAL
COMPANY, INCORPORATED
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
accepted the conveyance of a parcel of land containing 0.014
acres along Bellwood Road from Smith Iron and Metal Company,
Incorporated, and authorized the County Administrator to
execute the deed. (A copy of the plat is filed with the paper
of this Board.)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.ll.b. ALONG LOCKHART ROAD FROM 8524 HULL STREET ROAD,
LLC
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
accepted the conveyance of four parcels of land containing a
total of 0.398 acres along Lockhart Road from 8524 Hull
Street Road, LLC, and authorized the County Administrator to
execute the deed. (A copy of the plat is filed with the
papers of this Board.)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.12. REQUEST TO VACATE AND REDEDICATE A SIXTEEN-FOOT
WATER EASEMENT ACROSS THE PROPERTY OF MIDLOTHIAN
DENTAL LAB ASSOCIATES, LLC
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
authorized the Chairman of the Board and County Administrator
to execute an agreement to vacate and rededicate a 16' water
easement across the property of Midlothian Dental Lab
Associates, LLC. (A copy of the plat is filed with the papers
of this Board.)
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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8.A.13. APPROPRIATION OF FUNDS AND AUTHORIZATION TO PROCEED
WITH THE BEACH ROAD AT BRANDY OAKS SHOULDER WIDENING
PROJECT
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
authorized the County Administrator to enter into the
customary VDOT/County agreements/contracts, permits/
mitigation agreements and surety agreements, acceptable to
the County Attorney; appropriated $1.7 million in anticipated
VDOT reimbursements; authorized the County Administrator to
proceed with the design; authorized the Chairman of the Board
of Supervisors and County Administrator to execute easement
agreements for relocation of utilities; authorized the County
Administrator to proceed with the advertisement and award of
a construction contract, up to $1.24 million, to the lowest
responsive and responsible bidder; authorized the County
Administrator to approve change orders up to the full amount
available within the project; and authorized the County
Administrator to request VDOT to transfer any available
remaining funds to another project in the Matoaca District.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.14. TRANSFER OF DISTRICT IMPROVEMENT FUNDS
8.A.14.a. FROM THE BERMUDA DISTRICT IMPROVEMENT FUND TO THE
PARKS AND RECREATION DEPARTMENT FOR COSTS
ASSOCIATED WITH THE ANNUAL VETERAN'S DAY CEREMONY
AT BENSLEY PARK
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
transferred $709.11 in Bermuda District Improvement Funds to
the Parks and Recreation Department to pay the cost of
renting a tent and chairs and providing labor for staffing
and cleaning the Community Building as part of the annual
Veteran's Day ceremony at Bensley Park.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.A.14.b. FROM THE MATOACA DISTRICT IMPROVEMENT FUND TO
PHILLIPS VOLUNTEER FIRE DEPARTMENT TO PURCHASE
SIGNAGE FOR THE PHILLIPS VOLUNTEER FIRE STATION
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
transferred $4,000 in Matoaca District Improvement Funds to
the Phillips Volunteer Fire Department to purchase signage
for the Phillips Volunteer Fire Department Station (Station
13) .
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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8.B. CONSIDERATION OF REAL ESTATE TAX EXEMPTION REQUESTS
FILED AFTER THE APPLICATION DEADLINE
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
waived the August 1, 2012 deadline date for filing
applications for tax exemption for the following applicants:
Richmond Kickers Youth Soccer Club, Incorporated (Ridgedale
Parkway and Hersley Road facilities); and Gujaral Samanvay
Parivar, also known as the Cultural Center of India.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.1. FROM RICHMOND KICKERS YOUTH SOCCER CLUB,INCORPORATED
FOR ITS RIDGEDALE PARKWAY FACILITY
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
set December 12, 2012, as the date for a public hearing to
consider the real estate tax exemption request of Richmond
Kickers Youth Soccer Club, Incorporated for its Ridgedale
Parkway facility.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.2. FROM RICHMOND KICKERS YOUTH SOCCER CLUB, INCORPORATED
FOR ITS HENSLEY ROAD FACILITY
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
set December 12, 2012, as a date for a public hearing to
consider the real estate tax exemption request of Richmond
Kickers Youth Soccer Club, Incorporated for its Hensley Road
facility.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
8.B.3. FROM GUJARAL SAMANVAY PARIVAR, ALSO KNOWN AS THE
CULTURAL CENTER OF INDIA
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
set December 12, 2012, as a date for a public hearing to
consider the real estate tax exemption request of Gujaral
Samanvay Parivar, also known as the Cultural Center of India.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
9. REPORTS
9.A. REPORT ON DEVELOPER WATER AND SEWER CONTRACTS
9.B. REPORT ON STATUS OF GENERAL FUND BALANCE, RESERVE FOR
FUTURE CAPITAL PROJECTS, DISTRICT IMPROVEMENT FUNDS AND
LEASE PURCHASES
On motion of Mr. Elswick, seconded by Mr. Warren, the Board
accepted the following reports: a Report on Developer Water
and Sewer Contracts; and a Report on Status of General Fund
Balance, Reserve for Future Capital Projects, District
Improvement Funds and Lease Purchases.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
11. CLOSED SESSION PURSUANT TO SECTION 2.2-3711(A)(3),
CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS THE
ACQUISITION BY THE COUNTY OF REAL ESTATE FOR A PUBLIC
PURPOSE WHERE DISCUSSION IN AN OPEN MEETING WOULD
ADVERSELY AFFECT THE BARGAINING POSITION AND
NEGOTIATING STRATEGY OF THE COUNTY
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
went into closed session pursuant to Section 2.2-3711(A)(3),
Code of Virginia, 1950, as amended, to discuss the
acquisition by the County of real estate for a public purpose
where discussion in an open meeting would adversely affect
the bargaining position and negotiating strategy of the
County.
Ayes: Decker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
Reconvening:
On motion of Mr. Elswick, seconded by Mr. Warren, the Board
adopted the following resolution:
WHEREAS, the Board of Supervisors has this day adjourned
into Closed Session in accordance with the formal vote of
this Board and in accordance with the provisions of the
Virginia Freedom of Information Act; and
WHEREAS, the Virginia Freedom of Information Act
effective July 1, 1989 provides for certification that such
Closed Session was conducted in conformity with law.
NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors
does hereby certify that to the best of each member's
knowledge, (1) only public business matters lawfully exempted
from open meeting requirements under the Freedom of
Information Act were discussed in the Closed Session to which
this certification applies, and ii) only such business
matters were identified in the Motion by which the Closed
Session was convened were heard, discussed, or considered by
the Board. No member dissents from this certification.
The Board being polled, the vote was as follows:
Mr. Holland: Aye.
Mr. Elswick: Aye.
Mr. Warren: Aye.
Ms. Jaeckle: Aye.
Mr. Decker: Aye.
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12. DINNER AT 5 P.M. IN ROOM 502 WITH MEMBERS OF THE
CHESTERFIELD-COLONIAL HEIGHTS SOCIAL SERVICES BOARD
On motion of Ms. Jaeckle, seconded by Mr. Holland, the Board
recessed to dinner in Room 502 with members of the
Chesterfield-Colonial Heights Social Services Board.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
Reconvening:
13. INVOCATION
Reverend Dr. Felicia T. Douglas, New Covenant Presbyterian
Church, gave the invocation.
14. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
Mr. Mike Golden, Director of Parks and Recreation, led the
Pledge of Allegiance.
15. RESOLUTIONS
15.A. RECOGNIZING THE PLANNING COMMISSION FOR ITS TIRELESS
EFFORTS IN THE DEVELOPMENT OF THE COMPREHENSIVE PLAN
AMENDMENT, MOVING FORWARD THE COMPREHENSIVE PLAN
FOR CHESTERFIELD COUNTY
Mr. Turner introduced Planning Commissioners Russell Gulley,
Reuben Waller, William Brown, Dale Patton and Edgar Wallin,
who were all present to receive the resolution.
On motion of Mr. Holland, seconded by Mr. Warren, the Board
approved the following resolution:
WHEREAS, on October 24, 2012, the Board of Supervisors,
after considerable input from staff, citizens and the
business community adopted MOVING FORWARD ...THE COMPREHENSIVE
PLAN FOR CHESTERFIELD COUNTY, a blueprint for the county's
future; and
WHEREAS, the Board of Supervisors directed this effort
in February, 2012 with a mandated completion time of eight
months; and
WHEREAS, the Planning Commission embarked upon a
rigorous schedule of work sessions on the Plan beginning in
March, 2012; and
WHEREAS, Planning Commissioners Reuben Waller, William
Brown, Dale Patton, Edgar Wallin and led by the Chairman,
Russell Gulley represented a broad spectrum of geographic
areas, interests and career experiences; and
WHEREAS, the Planning Commission worked closely with
staff to review, edit and endorse each chapter of the Plan
within the established tight time schedule; and
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11/14/2012
WHEREAS, the Planning Commission committed to an open
and transparent process, encouraging public participation and
comment through web postings of each chapter; and
WHEREAS, the Planning Commission mandated that each
individual public comment be considered and addressed; and
received 262 comments, with seventy-eight percent
incorporated into the document; and
WHEREAS, the Planning Commission held ten work sessions
and six magisterial district meetings; and
WHEREAS, this document is the first county-wide
comprehensive plan since June 1977; and
WHEREAS, the Planning Commission devoted tireless hours
and provided extraordinary leadership by molding the various
areas of expertise and interest groups' concerns into a
consolidated county-wide plan; and
WHEREAS, the Planning Commission's efforts have produced
a document that establishes the framework for not only new
growth and development, but also for the first time in
Chesterfield County's history, a blueprint to ensure that
existing neighborhoods and business corridors remain stable,
healthy and desirable for living, working and shopping; and
WHEREAS, the Commission ensured that revitalization and
economic development considerations be at the forefront to
ensure that Chesterfield County continues to be a FIRST
CHOICE COMMUNITY providing the highest quality of life
through attractive, orderly, fiscally responsible growth and
development far into the future; and
WHEREAS, this Plan also recognizes the importance of the
county's historical and cultural resources; environmental
resources, especially water resources; an adequate
transportation network that accommodates a variety of
mobility choices; and provision of equitable public
facilities especially as it relates to ensuring vibrant,
healthy and stable neighborhoods.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes and applauds the
conscientious efforts and commitment to excellence displayed
by the Chesterfield County Planning Commission.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Planning Commissioners Russell
Gulley, Reuben Waller, William Brown, Dale Patton and Edgar
Wallin; and that this resolution be permanently recorded
among the papers of this Board of Supervisors of Chesterfield
County, Virginia.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
Mr. Gecker presented the executed resolutions to Mr. Gulley,
Mr. Waller, Mr. Brown, Mr. Patton and Mr. Wallin and
commended each commissioner for the amount of time and energy
that was spent on molding the future of Chesterfield County.
Mr . Gulley, Mr . Waller, Mr . Patton, Mr . Brown and Mr . Wallin
expressed sincere appreciation to the Board for the
recognition and each stated they were honored to facilitate a
plan that ensures vibrant, healthy and stable neighborhoods.
Mr. Holland commended the commissioners and staff for their
hard work.
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11/14/2012
15.B. RECOGNIZING NOVEMBER AS "LUNG CANCER AWARENESS MONTH"
IN CHESTERFIELD COUNTY
Mr. Kappel introduced Ms. Sheri Anderson, who was present to
receive the resolution.
On motion of Mr. Holland, seconded by Ms. Jaeckle, the Board
approved the following resolution:
WHEREAS, November is National Lung Cancer Awareness
Month; and
WHEREAS, lung cancer is the leading cancer killer of
both men and women in the United States; and
WHEREAS, this type of cancer claims more lives than
breast, prostate and colon cancers combined; and
WHEREAS, in Virginia alone, more than 5,500 people will
be diagnosed with this devastating disease this year; and
WHEREAS, it is well known that lung cancer can be caused
by cigarette smoking, which is the major cause; and
WHEREAS, it also can be caused by second-hand smoke; and
WHEREAS, air pollution from motor vehicles, factories
and other sources is suspected to be yet another contributing
factor for lung cancer; and
WHEREAS, some lung diseases, such as Tuberculosis and
Chronic Obstructive Pulmonary Disease, better known as COPD,
can create a higher risk of lung cancer; and
WHEREAS, exposure to Radon, a by-product of naturally
occurring radium, a product of uranium, is a known risk for
lung cancer; and
WHEREAS, certain occupations that expose workers to
arsenic, chromium, nickel and other substances may increase
the risk of lung cancer; and
WHEREAS, more awareness of the numerous causes and risk
factors for lung cancer will help to stimulate more vital
research funding.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 14th day of November 2012,
recognizing the significant impact of lung cancer in our
society, calls to the public's attention the severe social
implications of this disease and the special challenges it
presents to those afflicted by it, and to their families; and
in recognition of the importance of education and public
awareness in the fight against lung cancer, this Board of
Supervisors hereby recognizes November as "Lung Cancer
Awareness Month."
Ayes: Gecker, Jaeckle, warren, Holland and Elswick.
Nays: None.
Mr. Gecker presented the executed resolution to Ms. Anderson
and expressed appreciation for public awareness and continued
involvement towards the cause of lung cancer.
Ms. Anderson thanked the Board for the opportunity to educate
the public on the issue.
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15.C. RECOGNIZING THE 2012 COSBY HIGH SCHOOL GIRLS VARSITY
SOCCER TEAM FOR OUTSTANDING ACHIEVEMENTS AND
REPRESENTATION OF CHESTERFIELD COUNTY
Mr. Golden introduced members of the 2012 Cosby High School
Girls Varsity Soccer Team and members of the 2012 Cosby High
School Girls Varsity Softball Team, who were present to
receive the resolution.
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
approved the following resolution:
WHEREAS, participation in high school sports has long
been an integral part of Chesterfield County's educational,
physical and emotional development for students; and
WHEREAS, Mr. Roger Lattimer, head coach of the Cosby
High School Girls Varsity Soccer Team, completed his third
year of coaching and has a 57-5-3 career record as varsity
head soccer coach at Cosby High School; and
WHEREAS, under Mr. Lattimer's and assistant coach Brenda
Tarczynski's direction, the 2012 Cosby High School Lady
Titans finished the season with an overall record of 23-0-1;
and
WHEREAS, the Cosby High School Lady Titans were Dominion
District Champions; and
WHEREAS, the Cosby High School Lady Titans were the
Dominion District Tournament Champions; and
WHEREAS, the Cosby High School Lady Titans were the
Central Region Champions; and
WHEREAS, the Cosby High School Lady Titans competed in
the State AAA Girls Soccer State Championships and were the
Group AAA State Champions; and
WHEREAS, the Cosby High School Lady Titans were the
first ever Central Region Team to win the Girls AAA State
Championship; and
WHEREAS, the team members include Tessa Broadwater,
Toryn Broadwater, Madi Conyers, Hannah Cornman, Jessica
Dickson, Gina D'Orazio, Blayne Fink, Diamond Heeralall,
Taylor Hudgins, Megan Hunt, Kelley Kampfmueller, Carly
Maglio, Emma Manis, Alex McAllister, Carly McBain, Jayden
Metzger, Rachael Moon, Annette Nowicki, Jordon Nunn,
Elizabeth Patrick, Devon Peck, Madi Powell, Chloe Starnes,
Cana Starnes, Charis Starnes and Jordon Swatzyna.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 14th day of November 2012,
publicly recognizes the 2012 Cosby High School Girls Varsity
Soccer Team for its outstanding representation of
Chesterfield County, commends the Lady Titans for their
commitment to excellence and sportsmanship, and expresses
best wishes for continued success.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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15.D. RECOGNIZING THE 2012 COSBY HIGH SCHOOL GIRLS VARSITY
SOFTBALL TEAM FOR OUTSTANDING ACHIEVEMENTS AND
REPRESENTATION OF CHESTERFIELD COUNTY
On motion of Mr. Elswick, seconded by Mr. Holland, the Board
approved the following resolution:
WHEREAS, participation in high school sports has long
been an integral part of Chesterfield County's educational,
physical and emotional development for students; and
WHEREAS, Mr. Ray Deter, head coach of the Cosby High
School Varsity Softball Team, completed his sixteenth year of
coaching and has a 116-27 career record as varsity head
softball coach at Cosby High School; and
WHEREAS, under Mr. Jeter's and assistant coach Megan
Camden's direction, the 2012 Cosby High School Lady Titans
finished the season with an overall record of 23-5; and
WHEREAS, the Cosby High School Lady Titans were Dominion
District Season Champions; and
WHEREAS, the Cosby High School Lady Titans were the
Dominion District Tournament Champions; and
WHEREAS, the Cosby High School Lady Titans were the
Central Region Champions; and
WHEREAS, the Cosby High School Lady Titans competed in
the State AAA Girls Softball State Championships and were the
Group AAA State Champions; and
WHEREAS, the team members include Caitlyn Aird, Alex
Beyer, Bridget Blakely, Karie Burgess, Kirsten Copley, Jen
Helms, Kayla Helms, Meagan Jones, Megan Meindl, Savanna Ols,
Samantha Quinn, Holly-Thomas Stargardt, Ellen Sweat and
Chelsea Whitcomb.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 14th day of November 2012,
publicly recognizes the 2012 Cosby High School Girls Varsity
Softball Team for its outstanding representation of
Chesterfield County, commends the Lady Titans for their
commitment to excellence and sportsmanship, and expresses
best wishes for continued success.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
Mr. Elswick presented the executed resolutions to the
coaching staff and congratulated members of both teams for
their tremendous success.
Dr. Brenda Mayo, Principal of Cosby High School, commended
the team members and coaches on their sportsmanship and
congratulated them on their accomplishments.
Mr. Ted Salmon, Director of Student Activities at Cosby High
School, expressed appreciation to the Board for the
recognition and commended the team members, administration
and coaches for their accomplishments.
Mr. Deter, head coach of the varsity softball team, highly
praised the team members for their hard work ethic and
commitment to excellence.
Each team member shared their thoughts regarding winning the
state championships.
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16. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
Bob Olsen expressed concerns relative to possible tax
increases to Chesterfield County homeowners as a result of
changing cash proffers.
17. PUBLIC HEARINGS
17.A. TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATING TO
TAXICAB FEES FOR TRIPS ORIGINATING AT RICHMOND
INTERNATIONAL AIRPORT
Mr. Mincks stated this date and time has been advertised for
a public hearing for the Board to consider an amendment to
the County Code relating to taxicab fees for trips
originating at Richmond International Airport.
Mr. Gecker called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Warren, seconded by Mr. Holland, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY
OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING
AND RE-ENACTING SECTIONS 15-196 RELATING TO TAXICAB FEES
FOR TRIPS ORIGINATING AT RICHMOND INTERNATIONAL AIRPORT
AND 15-210 RELATING TO DRIVING WITH FIREARMS, ETC.
IN POSSESSION OF DRIVER
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(1) That Sections 15-I96 and 15-2I0 of the Code of the
County of Chesterfield, 1997, as amended, is amended and re-
enacted to read as follows:
Chapter 15 REGULATED OCCUPATIONS AND SERVICES
0 0 0
ARTICLE IX. TAXICABS
0 0 0
DIVISION 4. OPERATING REGULATIONS
0 0 0
Sec. 15-196. Same--Enumerated; special discount for elderly
passengers and disabled passengers.
(a) Taxicab drivers shall charge passengers:
For the first one-fifth mile $ 2.50
For each succeeding one-fifth mile 0.50
For each 80 seconds of waiting time 0.50
For each additional passenger over one (children six years of
age or younger, when accompanying a fare-paying passenger,
shall not be deemed additional passengers) 1.00
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waiting time is (i) the time the taxicab is stopped or moving
at a speed less than 15 miles per hour, (ii) the time the
taxicab is waiting for a passenger beginning five minutes
after the time of arrival and (iii) the time consumed while a
taxicab stands at the direction of the passenger. Waiting
time shall not include, and no charge shall be made, for the
time a taxicab loses on account of inefficiency, breakdowns,
or premature response to a call. No taxicab shall charge for
mileage while charging waiting time.
(b) A surcharge of $1.00 per trip shall be added to compute
the fare for a trip originating between the hours of 9:00
p.m. and 6:00 a.m. the next day.
(c) The owner of any taxicab, upon receipt of satisfactory
proof that a passenger is 65 years of age or older or
disabled, may offer a discount not to exceed 20 percent of
the total charge.
(d) The owner of any taxicab may enter into written
contracts with organizations and companies to provide taxicab
services on a negotiated basis. The owner of any taxicab may
enter into written contracts with individuals to provide
regular service on a negotiated basis. All such contracts
must be kept in the main office of the taxicab company during
the terms of the contract and for 12 months after termination
of the contract. The rates to be charged for such services
shall be determined by contract, not established by the board
of supervisors, but taximeters shall be in operation at all
times during the transportation of contract passengers.
(e) For a trip originating at Richmond International
Airport, the rate shall be the charge registered on the meter
plus $2.00.
0 0 0
Sec. 15-210. Driving with weapons in possession of driver.
It shall be unlawful for a driver to operate a taxicab at any
time with a dirk, bowie knife, nunchahka, nunchuck, shuriken,
throwing star, oriental dart, blackjack, brass or metal
knuckles or knife with a blade longer than three inches in
length in his possession; provided, that if the driver is
regularly employed as a sworn police officer, the driver may
possess any firearm issued to him for the performance of
duties as a sworn police officer.
(2) That this ordinance shall become effective immediately
upon adoption .
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
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17.B. TO CONSIDER AMENDMENTS TO THE COUNTY'S FLOODPLAIN
MANAGEMENT ORDINANCE
Mr. McElfish stated this date and time has been advertised
for a public hearing for the Board to consider amendments to
the County's Floodplain Management Ordinance.
Mr. Gecker called for public comment.
No one came forward to speak to the issue.
On motion of Mr. Warren, seconded by Mr. Hol-land, the Board
adopted the following ordinance:
AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD,
1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-55,
19-56, 19-57, 19-58, 19-59, 19-60, 19-61, 19-62, 19-63 AND
19-301 OF THE ZONING ORDINANCE RELATING TO FLOODPLAIN
MANAGEMENT REGULATIONS AND DAM BREAK INNUNDATION ZONES
BE IT ORDAINED by the Board of Supervisors of Chesterfield
County:
(I) That Sections 19-55, 19-56, 19-57, 19-58, 19-59, 19-60,
19-61, 19-62, 19-63, and 19-301 of the Code of the County of
Chesterfield, 1997, as amended, are amended and re-enacted
to read as follows:
CHAPTER 19
0 0 0
ARTICLE III. DISTRICTS
0 0 0
DIVISION 3. FLOODPLAIN MANAGEMENT DISTRICTS AND DAM BREAK
INUNDATION ZONES
Sec. 19-55. Purpose.
(a) The floodplain management regulations set forth in
this division are adopted pursuant to the authority set forth
in Va Code § 15.2-2280 and may be referred to as the
floodplain management ordinance. The purpose of these
provisions is to prevent loss~of life and property, creation
of hazards to health and safety, disruption of commercial and
governmental services, extraordinary and unnecessary
expenditure of public funds for flood protection and relief
and impairment of the tax base by:
(1) Regulating uses, activities and development which,
acting alone or in combination with other existing
or future uses, activities and development, will
cause unacceptable increases in flood heights,
velocities and frequencies, or risk of inundation
due to a dam break.
(2) Restricting or prohibiting certain uses, activities
and development from locating within areas subject
to flooding or dam break inundation.
(3) Requiring all those uses, activities and
developments that do occur in floodprone areas or
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dam break inundation zones to be protected and/or
floodproofed against flooding and flood damage.
(4) Providing information to the public regarding lands
and structures which are unsuited for intended
purposes because of flood hazards or risk of
inundation due to a dam break.
(b) No land shall hereafter be developed and no
structure shall be located, relocated, constructed,
reconstructed, enlarged or structurally altered
except in full compliance with the requirements of
this division and any other applicable ordinances
and regulations that apply to uses within the scope
of this division.
(c) The requirements of this division shall apply to
all privately and publicly owned lands within the
County that are (i) identified as special flood
hazard areas according to the Flood Insurance Rate
Map (FIRM) and Flood Insurance Study (FIS) provided
to the county by FEMA or (ii) identified as
floodplains by the director of environmental
engineering. The requirements of this division
take precedence over any less restrictive laws,
ordinances or codes. Any ordinance, however, shall
remain in full force and effect to the extent that
its provisions are more restrictive.
Sec. 19-56. Duties generally of director of environmental
engineering.
(a) This division shall be enforced by the director of
environmental engineering and such deputies as he may
appoint. The director of environmental engineering shall
serve as the county's floodplain management
administrator and shall review all subdivision and site
plans, improvement sketches, land disturbance permits
and building permits and certify that the proposed
development or construction is not in violation of the
provisions of this division. If a proposed development
or construction is in conflict with this division, the
director of environmental engineering shall refuse to
approve such plan or building permit.
(b) The duties and responsibilities of the director of
environmental engineering under this. division include
but are not limited to:
(1) Review applications for permits to determine
whether proposed activities will be located in the
special flood hazard area or other flood plains
identified by the director of environmental engineering.
(2) Make interpretations as to the exact location of
special flood hazard areas, floodplain boundaries and
floodway boundaries and .provide available base flood
elevation and flood hazard information.
(3) Review applications to determine whether proposed
activities will be reasonably safe from flooding and
require new construction and substantial improvements to
meet the requirements of these regulations.
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(4) Review applications to determine whether all necessary
permits have been obtained from the federal, state or local
agencies from which prior or concurrent approval is required;
in particular, permits from state agencies for any
construction, reconstruction, repair, or alteration of a dam,
reservoir, or waterway obstruction (including bridges,
culverts, structures), any alteration of a watercourse, or
any change of the course, current, or cross section of a
stream or body of water, including any change to the 100-year
frequency floodplain of free-flowing non-tidal waters of the
state.
(5) Verify that applicants proposing an alteration of a
Federal Emergency Management Agency (FEMA) identified
watercourse have notified adjacent localities, the Virginia
Department of Conservation and Recreation (Division of Dam
Safety and Floodplain Management), and other appropriate
agencies (VADEQ, USACE) and have submitted copies of such
notifications to FEMA.
(6) Notify FEMA when the county's base flood elevations have
increased or decreased as a result of physical changes
affecting flooding conditions. The notification shall be
made as soon as practicable, but not later than six months,
after the date such information becomes available and shall
include submittal of technical or scientific data. These
submittals are necessary so that upon confirmation of any
physical changes that affect flooding conditions, the risk
premium rates and flood plain management requirements will be
based upon current data.
(7) Approve applications and issue permits to develop in
flood hazard areas if the provisions of these regulations
have been met or disapprove applications if the provisions of
these regulations have not been met.
(8) Submit to FEMA, or require applicants to submit to FEMA,
data and information necessary to maintain FIRMS, including
hydrologic and hydraulic engineering analyses prepared by or
for the county or by private parties within six months after
such data and information becomes available if the analyses
indicate changes in base flood elevations.
(9) Maintain and permanently keep records that are
necessary for the administration of these regulations,
including:
(a) Flood Insurance Studies, Flood Insurance Rate Maps
(including historic studies and maps and current
effective studies and maps), flood boundary and floodway
maps, mapped dam break inundation zones (when provided
to the director of environmental engineering), and
Letters of Map Change;
(b) When provided to the director of environmental
engineering, documentation supporting: (i) issuance and
denial of permits, (ii) Elevation Certificates, (iii)
the elevation (in relation to the datum on the FIRM) to
which structures have been floodproofed, (iv) other
required design certifications, (v) exceptions, and (vi)
records of enforcement actions taken to correct
violations of these regulations;
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(c) Records of all actions associated with
administering this division, including exceptions and
the justification for their issuance, and report to the
federal insurance administrator, as required.
(10 ) Enforce or cause to be enforced the provisions of these
regulations, investigate violations, issue notices of
violations or stop work orders, and require permit holders to
take corrective action.
(11) Advise the board of zoning appeals regarding the intent
of these regulations and, for each appeal from an exception
determination made by the director of environmental
engineering, prepare a staff report and recommendation for
the board of zoning appeals.
(12) Administer the requirements related to proposed work on
existing buildings:
(a) Make determinations as to whether buildings and
structures that are located in flood hazard areas and
that are damaged by any cause have been substantially
damaged.
(b) Make reasonable efforts to notify owners of
substantially damaged structures of the need to obtain a
permit to repair, rehabilitate, or reconstruct, and
prohibit the non-compliant repair of substantially
damaged buildings except for temporary emergency
protective measures necessary to secure a property or
stabilize a building or structure to prevent additional
damage.
(13) Notify FEMA when the boundaries of the county have been
modified and:
(a) Provide a map that clearly delineates the new
boundaries or the new area for which the authority to
regulate pursuant to these regulations has either been
assumed or relinquished through annexation; and
(b) If the FIRM for any annexed area includes special
flood hazard areas that have flood zones that have
regulatory requirements that are not set forth in these
regulations, prepare amendments to these regulations to
adopt the FIRM and appropriate requirements, and submit
the amendments to the board of supervisors for adoption;
such adoption shall take place at the same time as or
prior to the date of annexation and a copy of the
amended regulations shall be provided to the Virginia
Department of Conservation and Recreation (Division of
Dam Safety and Floodplain Management) and FEMA.
(14) Upon the request of FEMA, complete and submit a report
concerning participation in the National Flood Insurance
Program (NFIP) which may request information regarding the
number of buildings in the SFHA, number of permits issued for
development in the SFHA, and number of exceptions issued for
development in the SFHA.
(15) Take into account flood and flood-related erosion
hazards, to the extent that they are known, in all official
actions relating to land management and use throughout the
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entire jurisdictional area of the county, whether or not
those hazards have been specifically delineated
geographically (e.g. via mapping or surveying).
(16) If a Preliminary Flood Insurance Rate Map and/or a
Preliminary Flood Insurance Study has been provided by FEMA:
(a) Upon the issuance of a Letter of Final Determination
by FEMA, the preliminary flood hazard data shall be used
and shall replace the flood hazard data previously
provided from FEMA for the purposes of administering
these regulations.
(b) Prior to the issuance
Determination by FEMA, the
hazard data shall be deemed
pursuant to Section 19-55(c)
flood elevations and/or flood
the effective FIRM..
of a Letter of Final
use of preliminary flood
the best available data
and used where no base
way areas are provided on
(c) Prior to issuance of a Letter of Final Determination
by FEMA, the use of preliminary flood hazard data is
permitted where the preliminary base flood elevations or
floodway areas exceed the base flood elevations and/or
designated floodway widths in existing flood hazard data
provided by FEMA. Such preliminary data may be subject
to change and/or appeal to FEMA.
(17) Undertake, as determined appropriate by the director of
environmental engineering, other actions which may include
but are not limited to: issuing press releases, public
service announcements, and other public information materials
related to permit requests and repair of damaged structures;
coordinating with other federal, state, and local agencies to
assist with substantial damage determinations; providing
owners of damaged structures information related to the
proper repair of damaged structures in special flood hazard
areas; and assisting property owners with documentation
necessary to file claims for Increased Cost of Compliance
coverage under NFIP flood insurance policies.
Sec. 19-57. Floodplains and zones generally.
(a) Basis of Special Flood Hazard Area Districts. The
Special Flood Hazard Areas shall include the following
districts, which are established as overlay zones
superimposed over the existing base zoning districts and
which do not affect the uses and activities of the base zones
except as provided in this division. The basis for the
delineation of these SFHA districts shall be: (1) the FIS and
the FIRM for the county prepared by the Federal Emergency
Management Agency, Federal Insurance Administration, dated
December 18, 2012 and any subsequent revisions or amendments
thereto, and (2) any other 100-year floodplains identified by
the director of environmental engineering. The boundaries
of the SFHA districts are established as shown on the FIRM
which is declared to be a part of this ordinance and which
shall be kept on file by the director of environmental
engineering.
(1) The AE Zone on the FIRM accompanying the FIS shall be
those areas for which one percent annual chance flood
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11/14/2012
elevations have been provided and the floodway has
not been delineated, as well as additional areas
shown on applicable studies as determined by the
director of environmental engineering. The following
shall apply:
(a) Until a regulatory floodway is designated, no
new construction, substantial improvements, or other
development (including fill) shall be permitted within
the areas of special flood hazard, designated as Zone
AE unless it is demonstrated that the cumulative
effect of the proposed development, when combined with
all other existing and anticipated development, will
not increase the water surface elevation of the base
flood more than one foot.
(b) Development activities in Zone AE which increase
the water surface elevation of the base flood by more
than one foot may be allowed, provided that the
applicant first applies, with the county's endorsement,
for a Conditional Letter of Map Revision, and receives
the approval of FEMA.
(2) The floodway district is located in the AE Zone. It
shall be those areas within the floodplain capable of
carrying the waters of the one percent annual chance flood
without increasing the water surface elevation of that flood
more than one foot at any point. The areas included in this
district are specifically defined in Table 5 of the FIS and
shown on the accompanying FIRM and also include, where
applicable, those additional areas identified by the
director of environmental engineering.
(3) The floodway fringe district is also located in the AE
Zone. It shall be that area of the base flood area not
included in the floodway. The basis for the outermost
boundary of this area shall be the base flood elevations
contained in the flood profiles of the FIS, as shown on the
accompanying FIRM or as shown on any other applicable study,
as determined by the director of environmental engineering.
(4) The A Zone or Approximated Floodplain District on the
FIRM shall be those areas for which no detailed flood
profiles or elevations are provided, but the one percent
annual chance floodplain boundary has been approximated.
For these areas, the base flood elevations and floodway
information from federal, state, and other acceptable
sources shall be used, when available. Where the specific
one percent annual chance flood elevation cannot be
determined for this area using other sources of data, such
as the U. S. Army Corps of Engineers Floodplain Information
Reports, U. S. Geological Survey Flood-Prone Quadrangles,
etc., then the applicant for the proposed use, development
and/or activity shall determine this base flood elevation.
For non-residential development proposed in the approximated
floodplain district, the applicant must use technical
methods that correctly reflect detailed hydrologic and
hydraulic analyses. Hydrologic and hydraulic analyses shall
be undertaken only by professional engineers or other
individuals qualified to perform such analyses, who shall
certify that the technical methods used accurately reflect
currently accepted technical concepts. Studies, analyses,
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computations, etc., shall be submitted in sufficient detail
to allow a thorough review by the director of environmental
engineering and shall include a theoretical delineation of
the Floodway District from the AE Zone when development
within an approximated floodplain district is requested.
The director of environmental engineering reserves the right
to require a hydrologic and hydraulic analysis for any
development. When such base flood elevation data is
utilized, the lowest floor shall be elevated to a minimum of
one foot above the base flood level.
(5) During the permitting process, the applicant shall
provide to the director of environmental engineering:
(a) The elevation of the lowest floor (including the
basement) of all new and substantially improved
structures; and,
(b) if the structure has been flood-proofed in
accordance with the requirements of this article, the
elevation (in relation to mean sea level) to which the
structure has been flood-proofed.
(6) Base flood elevation data shall be obtained from other
sources or developed using detailed methodologies comparable
to those contained in a FIS for subdivision proposals and
other development proposals (including manufactured home
parks and subdivisions).
(b) Floodplains boundary changes. The delineation on FEMA
floodplain maps of any of the FEMA floodplains may be revised
by the county when natural or manmade changes have occurred
and/or more detailed studies have been conducted or
undertaken by the U.S. Army Corps of Engineers or other
qualified agency, or where an individual documents the need
for such change. However, prior to any such change, approval
must be obtained from FEMA.
(c) Interpretation of floodplain boundaries. Initial
interpretation of the boundaries of the FEMA special flood
hazard areas, floodplain boundaries, and floodway boundaries
shall be made by the director of environmental engineering.
An appeal to the board of zoning appeals may be taken by any
person aggrieved by the interpretation. The following shall
apply to the use and interpretation of FIRMs and data:
(1) Where field surveyed topography indicates that
adjacent ground elevations:
(a) are below the base flood elevation, even in
areas not delineated as a special flood hazard area
on a FIRM, the area shall be considered as a
special flood hazard area and subject to these
regulations;
(b) are above the base flood elevation, the area
shall be regulated as a special flood hazard area
unless the applicant obtains a Letter of Map Change
that removes the area from the SFHA.
(2) In FEMA-identified special flood hazard areas where
base flood elevation and floodway data have not been
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identified and in areas where FEMA has not identified SFHAs,
any other flood hazard data available from a federal, state,
or other source shall be reviewed and reasonably used.
(3) Base flood elevations and designated floodway
boundaries on FIRMs and in FISs shall take precedence over
base flood elevations and floodway boundaries by any other
sources if such sources show reduced floodway widths and/or
lower base flood elevations.
(4) Other sources of data shall be reasonably used if
such sources show increased base flood elevations and/or
larger floodway areas than are shown on FIRMs and in FISs.
(d) Letters of Map Revision. When development in the
floodplain causes a change in the base flood
elevation, the applicant, including state agencies,
must notify FEMA as soon as practicable, but not
later than six months after the date such
information becomes available by applying for a
Conditional Letter of Map Revision (CLOMR) or a
Letter of Map Revision (LOMR) A Letter of Map
Revision is required, without limitation, in the
following circumstances: (i) any development that
causes a rise in the base flood elevations within
the floodway; (ii) any development occurring in Zone
AE without a designated floodway, which will cause a
rise of more than one foot in the base flood
elevation; and (iii) alteration or relocation of a
stream (including but not limited to installing
culverts and bridges).
Sec. 19-58. Floodplain regulations and dam break inundation
zones.
(a) General provisions.
(1) All uses, activities and development occurring
within any floodplain district shall be undertaken
only after the issuance of a land disturbance
and/or building permit. Such development shall be
undertaken only in strict compliance with the
provisions of this chapter and with all other
applicable codes and ordinances, including but not
limited to the Virginia Uniform Statewide Building
Code and the county subdivision and erosion and
sediment control ordinances. Under no
circumstances shall any use, activity, and/or
development adversely affect the capacity of the
channels or floodways of any watercourse, drainage
ditch, or any other drainage facility or system
unless approved by the director of environmental
engineering. Prior to the issuance of any
building permit and/or land disturbance permit, the
director of environmental engineering shall (i)
require all applications to include compliance with
all applicable state and federal laws, and (ii)
review all sites to assure they are reasonably safe
from flooding. In addition to the basic
information on the permit, the applicant shall
provide the following information:
a. For every structure that will be constructed
on a lot or parcel that includes a floodplain,
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the elevation of the lowest floor, including
basement, and horizontal distance of the
structure from the outermost boundary of the
base flood.
b. For every nonresidential structure that will
be floodproofed, the elevation to which the
structure will be floodproofed.
c. The elevation of the base flood.
d. Topographic information showing existing and
proposed ground elevations or, if approved by
the director of environmental engineering,
other means of indicating direction of water
flow.
(2) Prior to any proposed alteration or relocation of
any channels or floodways of any watercourse,
streams, etc., as shown on the county's FIRM, and
prior to approval by the director of environmental
engineering, the applicant shall also obtain
approval from the U.S. Army Corps of Engineers, the
Virginia Department of Environmental Quality or the
Virginia Marine Resources Commission (a joint
permit application is available from any of these
organizations). Further, the applicant shall give
notification of the proposal to all affected
adjacent localities. Copies of such notifications
shall be forwarded to the director of environmental
engineering, the department of conservation and
recreation (division of dam safety and floodplain
management and FEMA. The flood carrying capacity
within an altered or relocated portion of any
watercourse shall be maintained.
(3) One residential dwelling shall be permitted on each
parcel recorded as of March 16, 1983, that is at
least 95 percent inundated by the base flood and
located within the base flood, provided it shall
have a minimum floor level, including basement, of
one foot above the base flood and cause no increase
in the base flood elevation. No residential
dwelling shall be permitted on parcels recorded
after March 16, 1983, within the base flood, unless
approved by the director of environmental
engineering through the exception process of
sections 19-59 and 19-60, provided that such
dwelling shall have a minimum floor level of one
foot above the base flood and cause no increase in
the base flood elevation.
(4) All new construction and substantial improvements
to accessory residential buildings and structures
shall be permitted within a floodway fringe area if
the director of environmental engineering
determines that it does not adversely affect the
base flood.
(5) All substantial improvements of residential
dwellings within the base flood area shall comply
with section 19-61(a).
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(6) All new construction and substantial improvements
of residential dwellings adjacent to the base flood
area/backwater shall be set back at least 25 feet
horizontal distance from the outermost boundary of
the base flood area/backwater and have a minimum
lowest floor level,_including basement, of one foot
above the base flood elevation.
(7) All new construction and substantial improvements
of nonresidential structures and accessory
buildings:
a. Within the floodway fringe shall either: have
a minimum floor level of one foot above the
base flood elevation; or together with
attendant utility and sanitary facilities, be
designed to be watertight at least one foot
above the base flood elevation with walls
substantially impermeable to the passage of
water and with structural components having
the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
b. Within the Upper Swift Creek Watershed all new
construction and substantial improvements of
nonresidential structures and accessory
buildings shall be located outside the
floodway fringe and shall be set back at least
25 feet horizontal distance from the outermost
boundary of the base flood area, wetlands,
Resource Protection Areas and 100-year
floodplains where the contributing drainage
area exceeds 100 acres, provided however, that
when LID practices as determined by the
director of environmental engineering are used
adjacent to wetlands, floodplains and Resource
Protection Areas the setback may be reduced to
5 feet.
(8) All new construction and substantial improvements
of nonresidential structures on property adjacent
to the base flood area shall either: have a minimum
floor level of one foot above the base flood
elevation of the nearest A Zone; or together with
attendant utility and sanitary facilities, be
designed so that at least one foot above the base
flood elevation of the nearest A Zone is watertight
with walls substantially impermeable to the passage
of water and with structural components having the
capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy.
(9) When floodproofing is used for a particular
structure in accordance with subsection (7) of this
section, a registered professional engineer or
architect shall certify that the floodproofing
methods are adequate to withstand the flood depths,
pressures, velocities, impact and uplift forces and
other factors associated with the base flood. A
record of such certificates, indicating the
specific elevation (referenced to the National
Geodetic Vertical Datum of 1929 (NGVD)) to which
structures are floodproofed, shall be maintained
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with the director of environmental engineering in
accordance with section 19-56.
(10) The county's emergency management coordinator may
require that owners of existing manufactured home
parks and manufactured home subdivisions located
within the base flood area file an evacuation plan
indicating alternate vehicular access and escape
routes.
(11) All existing manufactured homes (in parks or on
individual lots/parcels) located in the base flood
area shall be anchored to resist flotation,
collapse or lateral movement by providing over-the-
top and frame ties to ground anchors. Specific
requirements shall be that: over-the-top ties shall
be provided at each of the four corners of the
manufactured home with two additional ties per side
at intermediate locations, with manufactured homes
less than 50 feet long requiring one additional tie
per side; frame ties shall be provided at each
corner of the home with five additional ties per
side at intermediate points, with homes less than
50 feet long requiring four additional ties per
side; all components of the anchoring system shall
be capable of carrying a force of 4,800 pounds; and
any additions to the home shall be similarly
anchored. All such manufactured homes shall be
located no less than three feet above grade,
provided that no manufactured home at the same site
has sustained substantial damage from a flood. If
any manufactured home at the same site has
sustained substantial damage from a flood, all
existing manufactured homes at the same site shall
be elevated on a permanent foundation, such that
the lowest floor of the manufactured home is
elevated to or above the base flood elevation.
(12) The placement of new manufactured homes on
individual lots or parcels, the construction of new
manufactured home parks and manufactured home
subdivisions and the expansion or substantial
improvements to existing manufactured home parks
and manufactured home subdivisions shall be
prohibited within the base flood area.
(13) The placement of new manufactured homes on
individual lots or parcels adjacent to the base
flood area, the construction of new manufactured
home parks and manufactured home subdivisions and
the expansion of existing manufactured home parks
and manufactured home subdivisions shall require
that: stands or lots be elevated on compacted fill
or on pilings so that the lowest floor of the home
will be at least one foot above the base flood
elevation of the nearest A zone and be set back at
least 25 feet horizontal distance from the
outermost boundary of the base flood; adequate
surface drainage and access for a hauler be
provided; and in the instance of elevation on
pilings, lots be large enough to permit steps
piling foundations to be placed in stable soil not
more than ten feet apart and reinforcement shall be
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provided for pilings more than six feet above
ground level.
(14) All subdivision proposals and other proposed new
developments shall include, within such proposals,
base flood elevation data. In addition, all
subdivision proposals shall be consistent with the
need to minimize flood damage, including location
and construction of public utilities and facilities
such as sewer, gas, electrical and water systems,
and shall provide for adequate drainage to reduce
exposure to flood hazards. Base flood evaluation
data shall be obtained from other sources or
developed using detailed methodologies, hydraulic
and hydrologic analysis, comparable to those
contained in a Flood Insurance Study for
subdivision proposals and other proposed
development proposals (including manufactured home
parks and subdivisions).
(15) All new construction and substantial improvements
to existing structures shall have the access
driveways elevated to at least the base flood
elevation.
(16) All new construction and substantial improvements
to existing structures shall be anchored to prevent
flotation, collapse or lateral movement of the
structure, constructed with materials and utility
equipment that are resistant to flood damage, and
constructed by methods and practices that minimize
flood damage.
(17) There shall be no filling of any floodplains unless
approved by the director of environmental
engineering and an approved land disturbance
permit, building permit, improvement sketch,
subdivision or site plan is on file with the
department of environmental engineering.
(18) Filling in the base flood area shall be prohibited
to make a building lot for the purpose of
constructing a residential dwelling unless
permitted by an exception issued by the director of
environmental engineering. This prohibition shall
not apply to section 19-58(a)(3).
(19) New construction or substantial improvement of any
residential structure (including manufactured
homes) in Zones AE and A with detailed base flood
elevations shall have the lowest floor, including
basement, elevated to a minimum of one foot above
the base flood level.
(20) New construction or substantial improvement of any
commercial, industrial, or non-residential building
(or manufactured home) shall have the lowest floor,
including basement, elevated to a minimum of one
foot above the base flood level.
(21) Electrical, heating, ventilation, plumbing, air
conditioning equipment and other service
facilities, including duct work, shall be designed
and/or located so as to prevent water from entering
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or accumulating within the components during
conditions of flooding.
(22) New and replacement water supply systems shall be
designed to minimize or eliminate infiltration of
flood waters into the system.
(23) New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration
of flood waters into the systems and discharges
from the systems into flood waters.
(24) On-site waste disposal systems shall be located and
constructed to avoid impairment to them or
contamination from them during flooding.
(25) Commercial buildings located in all AE Zones may be
flood-proofed in lieu of being elevated provided
that all areas of the building components below the
elevation corresponding to the BFE plus one foot
are water tight with walls substantially
impermeable to the passage of water, and use
structural components having the capability of
resisting hydrostatic and hydrodynamic loads and
the effect of buoyancy. A registered professional
engineer or architect shall certify that the
standards of this subsection are satisfied. Such
certification, including the specific elevation (in
relation to mean sea level) to which such
structures are floodproofed, shall be maintained by
the director of environmental engineering.
(26) In Zones A and AE, fully enclosed areas, of new
construction or substantially improved structures,
which are below the regulatory flood protection
elevation shall:
a. not be designed or used for human habitation,
but shall only be used for parking of
vehicles, building access, or limited storage
of maintenance equipment used in connection
with the premises. Access to the enclosed
area shall be the minimum necessary to allow
for parking of vehicles (garage door) or
limited storage of maintenance equipment
(standard exterior door), or entry to the
living area (stairway or elevator);
b. be constructed entirely of flood resistant
materials below the regulatory flood
protection elevation; and
c. include measures to automatically equalize
hydrostatic flood forces on walls by allowing
for the entry and exit of floodwaters. To
meet this requirement, the openings must
either be certified by a professional engineer
or architect or meet the following minimum
design criteria:
(i) Provide a minimum
different sides of
subject to flooding.
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(ii) The total net area of all openings must
be at least one square inch for each
square foot of enclosed area subject to
flooding.
(iii) If a building has more than one enclosed
area, each area must have openings to
allow floodwaters to automatically enter
and exit.
(iv) The bottom of all required openings
shall be no higher than one foot above
the adjacent grade.
(v) Openings may be equipped with screens,
louvers, or other opening coverings or
devices, provided they permit the
automatic flow of floodwaters in both
directions.
(vi) Foundation enclosures made of flexible
skirting are not considered enclosures
for regulatory purposes, and, therefore,
do not require openings. Masonry or
wood underpinning, regardless of
structural status, is considered an
enclosure and requires openings as
outlined above.
(27) Prior to issuance of a Certificate of Occupancy
for any single family dwelling on a lot or parcel
which is located, in whole or in part, on a FEMA
floodplain, the owner of the lot or parcel shall
obtain and file an Elevation Certificate for the
lot with the director of environmental
engineering.
(28) All recreational vehicles placed on sites must
either be on the site for fewer than 180
consecutive days, be fully licensed and ready for
highway use (a recreational vehicle is ready for
highway use if it is on its wheels or jacking
system, is attached to the site only by quick
disconnect type utilities and security devices and
has no permanently attached additions) or meet all
the requirements for manufactured homes.
(29) New construction and substantial improvements
shall be constructed with materials and utility
equipment resistant to flood damage.
(b) Floodway district.
(1) The following shall be prohibited in the floodway
district: structures, substantial improvements,
manufactured homes, fill or other development. The
county shall, not grant relief from this provision
through any process, unless relief from this
provision shall have first been approved by FEMA to
the extent that the director of environmental
engineering determines that FEMA approval is
required.
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(c) Floodway fringe district.
(1) Generally. In the floodway fringe district, the
development and/or use of land shall be permitted
in accordance with the regulations of the
underlying zoning district; provided, that all such
uses, activities and/or development shall not
increese the base flood elevation and shall be
undertaken in strict compliance with the
floodproofing and related provisions contained in
the Virginia Uniform Statewide Building Code and
all applicable codes and ordinances.
(2} Permitted uses.
a. Nonresidential construction, subject to the
provisions of section 19-58(a)(7).
b. Accessory residential structures, subject to
the provisions of section 19-58(a)(4).
c. Golf courses.
(d) Approximated floodplain district. In the
approximated floodplain district, all development
and uses shall be the same as permitted in the
floodway district.
(e) 100-year flood plains in the Upper Swift Creek
Watershed.
(1) The following shall be prohibited within the Upper
Swift Creek Watershed 100-year flood plains when
the contributing drainage area exceeds 100 acres
in size:
a. Clear cutting;
b. Removal of tree stumps;
c. Clearing of vegetation;
d. Filling;
e. Grading;
f. Placement of fences or other appurtenant
structures.
(2) The following actions are exempt from the
prohibitions outlined above:
a. Construction, installation, operation and
maintenance of electric, gas, cable and telephone
transmission lines, railroads and public roads and
their appurtenant structures if conducted in
accordance with the Erosion and Sediment Control
Law, Code of Virginia, §§ 10.1-560--10.1-571, or
an erosion and sediment control plan approved by
the Virginia Soil and water Conservation Board.
b. Construction, installation and maintenance of
water, sewer and local gas lines, provided that:
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1. To the degree
utilities and
100-year flood
2. No more land t
to provide
installation.
possible, the location of such
facilities should be outside
plain.
han necessary shall be disturbed
for the desired utility
3. All construction, installation and maintenance
of such utilities and facilities shall be in
compliance with any applicable federal, state
and local requirements and permits and
designed and conducted in a manner that
protects water quality.
4. Any land disturbance exceeding an area of
2,500 square feet shall comply with all
erosion and sediment control requirements of
chapter 8 and this division.
c. Silvicultural activities on lands in any
agricultural district provided that such
activities adhere to water quality protection
procedures prescribed by the department of
forestry in its publication known as the Virginia
Forestry Best Management Practices Technical
Manual for Water Quality, as amended
d. Construction of the following:
1. Water wells;
2. Boardwalks, trails, pathways; and
3. Historic preservation and archaeological
activities; provided that the director of
environmental engineering finds that:
(i) Any required permits, except those to
which this exemption specifically
applies, shall have been issued;
(ii) Sufficient and reasonable proof is
submitted that the intended use shall not
deteriorate water quality;
(iii)The intended use does not conflict with
nearby planned or approved uses; and
(iv) Any land disturbance exceeding an area of
2,500 square feet shall comply with all
erosion and sediment control requirements
of chapter 8 of this division.
e. Approved proper woodlot management practices.
(f) Reasonable consideration shall be given to protect
life and property in mapped dam break inundation zones
against impounding structure failure, in accordance with
state law.
Sec. 19-59. Applications for exceptions.
(a) The burden of proof rests upon the applicant for an
exception to the requirements of this division and without
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such proof the request must be denied. The applicant must
show, in addition to the requirements contained in section
19-60, good and sufficient cause; that failure to grant the
exception would result in an exceptional hardship; that
granting the exception will not result in increased flood
heights, additional threats to public safety or extraordinary
public expense, create nuisances, cause fraud on or
victimization of the public or conflict with existing local
laws or ordinances; and that the exception is the minimum
necessary, considering the flood hazard or risk of dam break
inundation, to afford relief. No exception shall be granted
within any designated regulatory floodway if any increase in
flood levels during the base flood discharge would result.
(b) While the granting of exceptions generally is
limited to a lot size less than one-half acre, deviations
from that limitation may occur. Exceptions may be issued by
the director of environmental engineering for new
construction and substantial improvements to be erected on a
lot of one-half acre or less in size contiguous to and
surrounded by lots with existing structures constructed below
the base flood level, in conformance with the provisions of
this section.
(c) Exceptions may be issued for new construction and
substantial improvements and for other development necessary
for the conduct of a functionally dependent use provided that
the criteria of this section are met, and the structure or
other development is protected by methods that minimize flood
damages during the base flood and create no additional
threats to public safety.
(d) The decision of the director of environmental
engineering regarding an application for an exception may be
appealed to the Board of Zoning Appeals pursuant to section
19-19.1 of this chapter.
Sec. 19-60. Factors to be considered in granting exceptions.
(a) In considering applications for development in the
floodway, floodway fringe districts, and 100-year
flood plains designated as riparian corridor
management areas, including consideration of
exceptions from the requirements of this division,
the director of environmental engineering shall
consider the following factors in addition to the
requirements set forth in section 19-59:
(1) The danger to life and property due to increased
flood heights or velocities caused by
encroachments. No exception that will cause any
increase in flood levels during the base flood.
(2) The danger of materials being swept onto other
lands or downstream to the injury of others.
(3) The proposed water supply and sanitation systems
and the ability of these systems to prevent
disease, contamination and unsanitary conditions.
(4) The susceptibility of the proposed facility and its
contents to flood damage and the effect of such
damage on the individual owners.
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(5) The importance of the services provided by the
proposed facility to the community.
(6) The requirements of the facility for a waterfront
location.
(7) The availability of alternate locations not subject
to flooding for the proposed use.
(8) The compatibility of the proposed use with existing
and anticipated future development.
(9) The relationship of the proposed use to the
comprehensive plan and floodplain management
program for the area.
(10) The safety of access to the property in time of
flood by ordinary and emergency vehicles.
(11) The expected heights, velocity, duration, rate of
rise and sediment transport of the floodwaters
expected at the site.
(12) The loss of beneficial natural stormwater
management characteristics.
(13) The historic nature of a structure. Exceptions to
allow for repair or rehabilitation of historic
structures may be granted upon a determination that
the proposed repair or rehabilitation will not
preclude the structure's continued designation as a
historic structure and the exception is the minimum
necessary to preserve the historic character and
design of the structure.
(14) Such other factors that are relevant to the
purposes of this division.
(b) The director of environmental engineering may refer
an application and accompanying documentation for
an exception Ito an engineer or other qualified
person or agency for technical assistance in
evaluating the proposed project in relation to
flood heights, velocities, the adequacy of the
plans for protection or any other related matters.
(c) The director of environmental engineering may
forward requests for exceptions to FEMA for
comment.
(d) The director of environmental engineering shall
notify the applicant for an exception in writing,
that the approval of such for construction of a
structure below the base flood elevation could
increase risk to life and property, and could
result in increased premium rates for flood
insurance.
(e) A record of the above notification, as well as all
exceptions, including justification for their
issuance, shall be maintained by the director of
environmental engineering. Approvals of exceptions
to FEMA regulations shall be noted in the annual
report submitted to FEMA.
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Sec. 19-61. Existing structures in floodplain districts.
A structure or use of a structure on premises which
lawfully existed before February 23, 1983, but which is not
in conformity with this division may be continued subject to
the following conditions:
(a) Residential structures.
(i) The modification, alteration, repair,
reconstruction or improvement of any kind to a
structure and/or use requiring a building
permit located in any Special Flood Hazard
Area-district, to an extent or amount of less
than 50 percent of its value, in accordance
with the county assessor's records, shall be
elevated to the greatest extent possible and
conform to the Virginia Uniform Statewide
Building Code.
(ii) A residential structure that receives
substantial improvement shall be elevated to
at least one foot above the base flood
elevation.
(b) Nonresidential structures.
(i) The modification, alteration, repair,
reconstruction or improvement of any kind to a
nonresidential structure and/or use located in
any Special Flood Hazard Area district, to an
extent or amount of less than 50 percent of
its value, in accordance with the county
assessor's records, shall be elevated and/or
floodproofed to the greatest extent possible.
(ii) A nonresidential structure that receives
substantial improvement shall be elevated to
at least one foot above the base flood
elevation and/or floodproofed to at least one
foot above the base flood elevation.
(c) Residential and nonresidential structures.
The modification, alteration, repair,
reconstruction, or improvement of any kind to a
structure and/or use located in any Special Flood
Hazard Area district, to an extent or amount of 50
percent or more of its value, in accordance with
the county assessor's records, shall be undertaken
only in full compliance with the floodplain
management ordinance and shall require the entire
structure to conform to the requirements of the
building code.
(d) Existing structures in the Floodway district shall
not be expanded or enlarged unless it has been
demonstrated through hydrologic and hydraulic
analyses performed in accordance with standard
engineering practices that the proposed expansion
would not result in any increase in the base flood
elevation.
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(e) A replacement. manufactured home may be placed on a
lot in an existing manufactured home park or
subdivision provided the anchoring, elevation and
encroachment standards are met.
Sec. 19-62. Additional provisions relative to flood hazard
mitigation.
Within the special flood hazard areas, the following
additional provisions shall be met:
(a) All electric water heaters, electric furnaces and
other critical electrical installations shall be
permitted only at elevations at least one foot
above the base flood elevation.
(b) Water supply systems, sanitary waste water systems
and gas and oil supply systems shall be designed to
preclude infiltration of floodwaters into the
systems and discharges from the systems into
floodwaters. Design and construction shall be in
accordance with requirements of the Virginia
Uniform Statewide Building Code.
(c) Adequate drainage shall be provided to minimize
exposure to flood heights.
(d) Preliminary plat requirements shall include a map
showing the location of the proposed subdivision
and/or land development with respect to any
designated floodplain district, including
information on, but not limited to, the base flood
elevations, boundaries of the floodplain districts,
proposed lots and sites and fills and areas subject
to special deed restrictions.
(e) A building permit application shall include the
location of the base flood, if previously
determined.
Sec. 19-63. Additional provisions relating to floodplain
management ordinance.
(a) The degree of flood protection sought by the
provisions of this division is considered
reasonable for regulatory purposes and is based
upon acceptable engineering methods of study, but
does not imply total flood protection. Larger
floods may occur on rare occasions. Flood heights
may be increased by manmade or natural causes, such
as ice jams and bridge openings restricted by
debris. This division does not imply that areas
outside the floodplain districts or land uses
permitted within such districts will be free from
flooding or flood damages.
(b) This division shall not create liability on the
part of the county, or any officer or employee
thereof, for any flood damages that result from
reliance on this division, or any administrative
decision lawfully made thereunder.
(c) The requirements of this division shall be enforced
pursuant to section 19-5 of this chapter, except
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for any violations of the Virginia Uniform
Statewide Building Code which shall be enforced
pursuant to section 5-10 of chapter 5 of this Code.
The imposition of a fine or penalty for any
violation or non-compliance shall not excuse the
violation or non-compliance or permit it to
continue and all responsible persons shall be
required to correct or remedy such violations or
non-compliance within a reasonable time. Any
structure constructed, reconstructed, enlarged,
altered or relocated in non-compliance with this
division may be declared by the county to be a
public nuisance and abatable as such. Furthermore,
flood insurance may be withheld from structures
constructed in violation of this division.
(d) The provisions of this division are severable in
accordance with section 1-3 of chapter 1 of this
Code.
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ARTICLE VI. DEFINITIONS
Sec. 19-301. Definitions.
For purposes of this chapter, the following words and
phrases shall have the following meanings:
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0 0 0
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Backwater: A base flood elevation of water resulting from a
flow-retarding influence from a dam or other construction,
such as a road, embankment, bridge or culvert.
Base flood: A flood having a one percent chance of being
equaled or exceeded in any given year.
Base flood elevation: The Federal Emergency Management Agency
designated one percent annual chance water surface elevation.
The water surface elevation of the base flood in relation to
the datum specified on the county's Flood Insurance Rate Map.
The one hundred year flood or one percent annual chance
flood.
Basement: That portion of a building where the majority of
the wall area between the floor and the ceiling is below
ground.
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Conditional Letter of Map Revision (CLOMR): See Letter of
Map Revision, Conditional.
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Development: For purposes of the floodplain management
ordinance, any manmade change to improved or unimproved real
estate, including, but not limited to, buildings or other
structures, mining, dredging, filling, grading, paving, ~d
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excavation or drilling operations or storage of equipment or
materials.
0 0 0
Digital Flood Insurance Rate Map (DFIRM): See Flood
Insurance Rate Map (FIRM).
0 0 0
Elevated building: For purposes of the floodplain management
ordinance, a non-basement building built to have the lowest
floor elevated above the ground level by means of solid
foundation perimeter walls, pilings, or columns (posts and
piers) .
Elevation Certificate: For purposes of the floodplain
management ordinance, a document prepared in accordance with
FEMA regulations which is used to provide the elevation
information necessary to ensure compliance with the county's
floodplain management ordinance, to determine the proper
flood insurance premium rate, and to support a request for a
Letter of Map Amendment and certain Letters of Map Revision.
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Encroachment: For purposes of the floodplain management
ordinance, the advance or infringement of uses, fill,
excavation, buildings, permanent structures or development
into a floodplain, which may impede or alter the flow
capacity of a floodplain.
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Existing construction: Structures for which construction
commenced before February 23, 1983, for purposes of the
floodplain management ordinance division of this chapter.
Existing construction may also be referred to as "existing
structures."
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Federal Insurance Administrator: The Federal Insurance
Administrator, who administers the National Flood Insurance
Program of the Federal Emergency Management Agency.
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Flood or flooding: A general and temporary condition of
partial or complete inundation of normally dry land areas
from: (a) the overflow of inland or tidal waters or (b) the
unusual and rapid accumulation or runoff of surface waters
from any source or (c) mudflows which are proximately caused
by flooding as defined by clause (b) of this definition 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.
Flood or flooding also includes 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 flash flood or an abnormal tidal
surge, or by some similarly unusual and unforeseeable event
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which results in flooding from the overflow of inland or
tidal waters.
Flood insurance rate map (FIRM): The official maps of the
county on which the federal insurance administrator has
delineated the special hazard areas applicable to the county.
A FIRM that has been made available digitally is called a
Digital Flood Insurance Rate Map (DFIRM).
Flood Insurance Study (FIS): an examination, evaluation and
determination of flood hazards and, if appropriate,
corresponding water surface elevations, or an examination,
evaluation and determination of mudflow and/or flood-related
erosion hazards.
Flood, 100-year: See "Base flood."
Floodplain or flood-prone area: Any land area susceptible to
being inundated by water from any source.
Floodplain management: The operation of an overall program of
corrective and preventive measures for reducing flood damage,
including, but not limited to, emergency preparedness plans,
flood control works and floodplain management regulations.
Floodproofing: Any combination of structural and
nonstructural additions, changes or adjustments to structures
which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities,
structures and their contents.
Floodway: The channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the
water surface elevation more than one foot at any point.
Some of these areas are shown on the county's Flood Insurance
Rate Map.
Floodway fringe: The area of the floodplain that can be
completely obstructed without increasing the water surface
elevation of the base flood by more than one foot at any
point. Some of these areas are shown on the county's Flood
Insurance Rate Map.
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Hydrologic and Hydraulic Engineering Analysis: Analyses
performed by a licensed professional engineer, in accordance
with standard engineering practices that are accepted by the
Virginia Department of Conservation and Recreation and FEMA,
used to determine the base flood, other frequency floods,
flood elevations, floodway information and boundaries, and
flood profiles .
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Letter of Map Amendment (COMA): An amendment based on
technical data showing that certain property was incorrectly
included in a designated special flood hazard area. A COMA
amends the current effective Flood Insurance Rate Map and
establishes that the property or structure is not located in
a special flood hazard area.
Letter of Map Change (LOMC): A Letter of Map Change is an
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official FEMA determination, by letter, that amends or
revises an effective Flood Insurance Rate Map or Flood
Insurance Study. Letters of Map Change include a Letter of
Map Amendment, Letter of Map Revision and Conditional Letter
of Map Revision.
Letter of Map Revision (LOMR): A revision based on technical
data that may show changes to flood zones, flood elevations,
floodplain and floodway delineations, and planimetric
features.
Letter of Map Revision Based on Fill (LOMR-F): A
determination that a structure or parcel of land has been
elevated by fill above the base flood elevation and is,
therefore, no longer exposed to flooding associated with the
base flood. In order to qualify for this determination, the
fill must have been permitted and placed in accordance with
the county's floodplain management regulations.
Letter of Map Revision, Conditional or Conditional Letter of
Map Revision (CLOMR): A formal review and comment as to
whether a proposed flood protection project or other project
complies with the minimum NFIP requirements for such projects
with respect to delineation of special flood hazard areas. A
CLOMR does not revise the effective Flood Insurance Rate Map
or Flood
Insurance Study.
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Lowest floor: For purposes of the flood plain ordinance,
the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood-resistant enclosure,
usable solely for parking of vehicles, building access or
storage in an area other than a basement area is not
considered a building's lowest floor; provided, that such
enclosure is not built so as to render the structure in
violation of the applicable non-elevation design requirements
of Code of Federal Regulations, 44 CFR § 60.3.
Manufactured home: A structure subject to federal regulation
which is transportable in one or more sections; is eight feet
or more in width and 40 feet or more in length or is 320 or
more square feet when erected onsite; is built on a permanent
chassis; is designed to be used as a single-family dwelling,
with or without a permanent foundation, when connected to
required utilities; and includes the plumbing, heating, air
conditioning and electrical systems contained in the
structure. For floodplain management purposes the term
"manufactured home" also includes park trailers, travel
trailers and other similar vehicles placed on a site for
greater than 180 consecutive days but does not include a
recreational vehicle. For insurance purposes the term
"manufactured home" does not include park trailers, travel
trailers and other similar vehicles. Manufactured home park
or subdivision: For purposes of the floodplain management
ordinance, a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
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Mobile or manufactured home park: A plot of ground upon which
two or more permanent mobile or manufactured homes are
located and where spaces or lots are not for sale.
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Mobile or manufactured home subdivision: A subdivision, as
defined in chapter 17 of this Code, which is designed solely
for permanent mobile or manufactured homes.
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New construction: For the purposes of the floodplain
management ordinance division of this chapter, structures for
which the start of construction commenced on or after
February 23, 1983.
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Recreational vehicle: A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred gross square feet or less when measured at
the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by
a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational, camping,
travel, or seasonal use.
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Special flood hazard area (SFHA): The land in the floodplain
subject to a one percent (10) or greater chance of being
flooded in any given year.
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Start of construction: For purposes of the floodplain
management ordinance, and for other than new construction and
substantial improvement under the Coastal Barriers Resource
Act (P.L. - 97-348), start of construction means the date the
building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation,
addition, placement, substantial improvement or other
improvement was within 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 piles, the construction
of columns, or any work beyond the stage 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 the construction means the
first alteration of any wall, ceiling, floor, or other
structural part of a building, whether or not that alteration
affects the external dimensions of the building.
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Structure: Anything constructed or erected which has a
permanent location on the ground or which is attached to
something having a permanent location on the ground. For
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purposes of the floodplain management ordinance, a walled and
roofed building, including a gas or liquid storage tank, that
is principally above ground, as well as a manufactured home.
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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 50 percent of
the market value of the structure before the damage occurred.
Substantial improvement: Any reconstruction, rehabilitation,
addition or other improvement to a structure, the cost of
which equals or exceeds 50 percent of the market value of the
structure before the "start of construction" of the
improvement. This term includes structures which have
incurred "substantial damage," regardless of the actual
repair work performed. The term does not, however, include
either:
(1) Any project or improvement of a structure to
correct existing violations of state or local
health, sanitary or safety code specifications
which have been identified by the local code
enforcement official and which are the minimum
necessary to assure safe living conditions; or
(2) Any alteration of a historic structure, provided
that the alteration will not preclude the
structure's continued designation as a historic
structure.
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Violation: For purposes of the floodplain management
ordinance, the failure of a structure or other development to
be fully compliant with the county's floodplain management
regulations. A structure or other development without the
elevation certificate, other certifications, or other
evidence of compliance required in the floodplain management
ordinance is presumed to be in violation until such time as
that documentation is provided.
Watercourse: A lake, river, creek, stream, wash, channel or
other topographic feature on or over which waters flow at
least periodically. Watercourse includes specifically
designated areas in which substantial flood damage may occur.
(2) That this ordinance shall become effective immediately
upon adoption.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
18. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED
MATTERS
There were no requests to address the Board at this time.
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11/14/2012
19. ADJOURNMENT
On motion of Mr. Holland, seconded by Mr. Elswick, the Board
adjourned at 7:18 p.m. until November 28, 2012 at 3:00 p.m.
Ayes: Gecker, Jaeckle, Warren, Holland and Elswick.
Nays: None.
J mes egm er
~ounty dministrator
Daniel A. Gecker
Chairman
12-652
11/14/2012
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