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2014-04-09 MinutesBOARD OF SUPERVISORS MINUTES April 9, 2014 Supervisors in Attendance: Mr. James M. Holland, Chairman Mr. Stephen A. Elswick, Vice Chrm. Ms. Dorothy A. Jaeckle Mr. Arthur S. Warren Mr. Daniel A. Gecker Mr. James J. L. Stegmaier County Administrator School Board Members in Attendance: Ms. Carrie Coyner Mr. David Wyman Dr. Marcus Newsome School Superintendent 14 -217 Staff in Attendance: Mr. Greg Akers, Dir., Internal Audit Mr. Mike Bacile, Dir., Purchasing Dr. Sheryl Bailey, Dep. County Administrator, Management Services Ms. Janice Blakley, Clerk to the Board Mr. Kevin Bruny, Chief Learning Officer Ms. Debbie Burcham, Exec. Dir., Community Services Board Community Development Mr. Allan Carmody, Dir., Budget and Management Ms. Jana Carter, Dir., Juvenile Services Mr. Barry Condrey, Chief Information Officer IST Mr. Richard Cordle, Treasurer Ms. Mary Ann Curtin, Dir., Intergovtl. Relations Mr. Jonathan Davis, Dir., Real Estate Assessment Mr. William Dupler, Dep. County Administrator, Community Development Colonel Thierry Dupuis, Police Department Mr. Robert Eanes, Asst. to the County Administrator Mr. Michael Golden, Dir., Parks and Recreation Mr. Larry Haake, General Registrar Mr. George Hayes, Asst. Dir., Utilities Mr. Joe Horbal, Commissioner of the Revenue Mr. John W. Harmon, Real Property Manager Mr. Rob Key, Director, General Services Mr. Louis Lassiter, Asst. County Administrator Sheriff Karl Leonard, Sheriff's Department Mr. Mike Mabe, Dir., Library Mr. Jeffrey L. Mincks, County Attorney Ms. Chris Ruth, Int. Dir., Public Affairs 04/09/14 Chief Edward L. Senter, Fire Department Mr. Scott Smedley, Dir., Environmental Engineering Mr. Jesse Smith, Dir., Transportation Ms. Sarah Snead, Dep. County Administrator, Human Services Mr. Richard Troshak, Dir., Emergency Communications Mr. Kirk Turner, Dir., Planning Mr. Rick Witt, Building Official, Building Inspection Mr. Scott Zaremba, Dir., Human Resource Programs Mr. Holland called the regularly scheduled meeting to order at 3:00 p.m. 1. APPROVAL OF MINUTES FOR MARCH 26, 2014 On motion of Mr. Gecker, seconded by Mr. Warren, the Board approved the minutes of March 26, 2014, as submitted. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 2. COUNTY ADMINISTRATOR'S COMMENTS 2.A. COUNTY ADMINISTRATOR'S REPORT • Mr. Stegmaier was pleased to report that Parallon Supply Chain will be expanding its business. He stated Parallon ,provides health care operations services and records management. He further stated the business currently has 100,000 square feet on Ruffin Mill Road, and with this expansion will be adding 87,000 square feet to its operations with an investment of more than $1 million. He stated the addition of 6 more jobs will take their total to 47. • Mr. Stegmaier announced the county continues to see progress in the revitalization of older retail areas as the building permit for a new 42,000-square foot Wal- Mart grocery store has been applied for in the Meadowbrook Shopping Center. He stated this is a new format for Wal-Mart as a smaller footprint urban/suburban neighborhood grocery store. He further stated it will be the anchor for renovation of the entire shopping center being undertaken by the owner W.S. Carnes Company. He stated several community development departments have been working with the owner to make this revitalization of an older center a reality. He further stated current tenants are excited to see these investments and are planning to expand their presence in the shopping center. 14-218 J J J 04/09/14 3. BOARD MEMBER REPORTS Mr. Elswick expressed his appreciation to the citizenry for the hundreds of phone calls and emails he received pertaining to the budget. Mr. Warren was saddened to report on the current stabbing incident at a high school in Pennsylvania. He stressed the importance of public safety in schools. 4. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION On motion of Mr. Gecker, seconded by Ms. Jaeckle, the Board added Item 8.C.7., Set Date for Public Hearing to Consider an Amendment to the County Code Relating to Adding County Libraries to the List of County Facilities Where Alcohol Could Be Served. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 5. RESOLUTIONS There were no Resolutions at this time. 6. WORK SESSIONS 6.A. COUNTY ADMINISTRATOR'S PROPOSED FY2015 BUDGET, THE PROPOSED FY2015 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP ANNUAL PLAN, THE PROPOSED FY2015-FY2019 CAPITAL IMPROVEMENT PROGRAM, CHANGES TO THE FY2014 SCHOOL CAPITAL IMPROVEMENT PROGRAM, TAX RATES, AND THE VARIOUS PROPOSED ORDINANCE CHANGES Mr. Carmody expressed appreciation to the Board of Supervisors for an active discussion and willingness to work with the citizens and staff. He also recognized the Budget staff for their efforts in developing the budget. He stated the budget has included initiatives to help advance public safety and strengthen the school system with dedicated revenue sources. He clarified some items that arose during individual departmental work sessions. He noted the Sheriff Department's request for additional starting pay for deputies was not included in the County Administrator's proposed budget; however requested taser devices are included. He also stated the Commonwealth Attorney's request for two additional positions are not included in the County Administrator's proposed budget. Ms. Jaeckle stated it is not too late for suggestions relative to funding pupil-teacher ratio without raising real estate taxes. She noted she supports fully funding pupil- teacher ratio (PTR) starting next year; however, if the Board cannot come to an agreement relative to cuts, she will consider a tax increase. She stressed the importance of discussing Mr. Gecker's proposed list of cuts before making a final decision. 14-219 04/09/14 Mr. Gecker stated there are certain aspects of the County Administrator's proposed budget that the Board uniformly is not in agreement with. He further stated the three-cent increase is used in the County Administrator's version of the budget entirely for School capital projects; it keeps the School revitalization program, the CIP at seven years and funds $3 million, give or take, to the pay-as-you-go capital portion. He stated one of the priorities of the Board has been the improvement in the PTR situation and regardless of feelings on the initial budget or rate changes, it seems the County Administrator's proposed budget does not accomplish the goals of the Board. He further stated the highest priorities of the budget in the upcoming year is the restoration of PTR, funding expenses in FY2015 so they can be properly charged and paid for in FY2015 and that the adopted budget should fully address the reasonable expectations of the county's five-year plan. He proposed a list of cuts, along with the County Administrator's previously provided, that would allow the county to boost funding for teachers while avoiding a tax increase. He noted in the County Administrator's proposal the tax rate increase would yield approximately $9.2 million; shifting capital improvement from seven to nine years frees cash of approximately $6.15 million, with 9.2 million needed to balance the budget of approximately $3,074,700. He stated his list of items to fully fund PTR includes the elimination of tourism support, commuter bus routes, removal of four additional police officers, legislative consulting, reorganization of Economic Development and Center for Organizational Excellence/ Environmental Management, defer building Reams Gordon Library, delay improvements to Enon Fire and Safety Training Center and a reduction in the Schools' maintenance fund. He apologized to the Board for the last-minute proposal, but stressed the importance of doing what is best for the citizenry going forward. In response to Mr. Holland's question, Mr. Gecker stated Reams Gordon Library funds are $2.2 million orie-time funding and $700,000 debt service recurring. In response to Ms. Jaeckle's question regarding road funding, Mr. Carmody stated $6 million would be designated for funding instead of $8 million. Mr. Carmody clarified that the Total Maximum Daily Load (TMDL) expense in the proposed Capital Improvement Program for FY2015 is $1.425 million, with the Reams Gordon Library debt service savings estimated at $570,000 instead of $700,000. Mr. Warren expressed concerns relative to Mr. Gecker's proposal to delay building the Reams Gordon Library. In response to Mr. Warren's question, Mr. Gecker stated he had a conversation last night with Mr. Carmody as a way to avoid a tax increase. Mr. Warren stated he can appreciate Mr. Gecker's efforts towards balancing the budget without raising taxes. He mentioned the possibility of another Board member's proposal. Ms. Jaeckle stated she would have a very difficult time trying to balance the budget without a tax increase. She further stated all figures on Mr. Gecker's cut list have been on the table since the beginning of the budget process. 14-220 J J J 04/09/14 Discussion ensued relative to the Reams Gordon Library piece proposed in Mr. Gecker's suggested list of cuts. Ms. Jaeckle recommended moving the Work Session to the evening agenda. Mr. Warren stated it is the Board's fiduciary responsibility to consider every option in order to balance the budget without a tax increase. He expressed concerns relative to the timing of Mr. Gecker's last-minute proposal. He stated he was under the impression by the County Administrator that the award of construction contract for Reams Gordon Library had already been implemented. In response to Mr. Warren's question regarding costs associated with the construction of Reams Gordon Library, Mr. Carmody stated close to $4.6 million has been spent on land acquisition, the advance site package and various fees. He further stated if the project was deferred, site improvements and corresponding funds would not be lost. In response to Mr. Gecker's question, Mr. Carmody stated the numbers mentioned relative to Reams Gordon were for specific project expenditures. He noted bonds were issued in 2007 and 2008. He stated debt funding levels were at around $10.2 million. In response to Mr. Holland's question regarding Reams Gordon, Mr. Carmody stated the county owns the land with legitimate site work. In response to Mr. Warren's question, Mr. Carmody stated the bid is within the budgeted amount. He further stated the Board took action giving Mr. Stegmaier authority to award a construction contract, provided that the pricing was within the approved budget. He noted the contract has not been executed by the County Administrator as of today. Ms. Jaeckle expressed concerns with the negative effects of the reduction of PTR and disparity of elective courses on county schools. She stated school administration has no flexibility to address PTR problems. She further stated she would support cuts over raising taxes, but if the Board cannot agree to the cuts, she would be inclined to vote for a tax increase. Mr. Warren expressed concerns relative to the timing and pressure to vote on and make a final decision relative to last-minute budget proposals. Mr. Gecker stated ideas need to be discussed in order to bring the Board in agreement and bring forward a legitimate concept to balance the budget. Mr. Warren commended Mr. Gecker for his initiative and leadership in terms of finding ways to balance the budget. He stated the Board has a fiduciary responsibility to understand the impacts and ramifications certain cuts may have, before making a uniform decision. Mr. Holland stated he could not substantiate support of the concept of cuts being contemplated. He further stated he believes in lowering PTR; however, the question is how to get there without making sacrifices that jeopardize the quality of life and services that the community expects. He expressed concerns relative to proposed cuts to public safety and commuter routes. 14-221 04/09/14 Mr. Elswick stated he appreciates the idea of a budget without a tax increase. He noted, when looking at the County Administrator's budget, only $2.5 million is needed to fully address PTR and hire more teachers. He stated he could support some of the cuts being proposed by Mr. Gecker and some he could not support. He recommended using funds from the FY2014 year-end budget surplus to address issues relative to aging school buses and a reduction in PTR, without raising the tax rate. He also suggested in FY2016 using increased re- evaluations in higher property assessments to hire 28 school teachers every year for the next four years. In response to Ms. Jaeckle's inquiry, Mr. Elswick stated he believes Board members need to feel comfortable with cuts before making a final decision. He further stated there was an expectation from the Community Services Board to explore ways to come up with cuts of $1 million, and suggested privatizing group homes as a way of cost savings. He also recommended making cuts to the county's Center for Organizational Excellence. Discussion ensued relative to the consideration of specific proposed budgetary cuts. Mr. Gecker stated the Board has already asked the County Administrator to provide a list of proposed cuts. In terms of his list of cuts, he stated he found a source in the capital side rather than continuing to cut operations. He further stated it does not make sense to bring back a list that has already been proposed by the County Administrator. Mr. Elswick stated the Board needs to be willing to make cuts to equate to the funding needed to make reductions in PTR. Discussion ensued relative to balancing figures. Ms. Jaeckle expressed concerns relative to the idea of not hiring additional police officers and the use of road funding to purchase new school buses. She stated there are important choices that need to be made and there is an air of frustration in terms of teachers regarding PTR. Mr. Warren stated there may be a combination of the two proposals that might work for Board members. He further stated it seems to be his understanding that the goal is to fully fund the school system and maintain the current tax rate. Mr. Holland stated he is prepared to make a motion to increase the tax rate by 3 cents. Mr. Gecker stated if the Board is unwilling to make cuts to sufficiently fund PTR, he would be prepared to increase the tax rate to accomplish that goal. Mr. Elswick stressed that he does want to reduce the budget to cover PTR, without raising real estate taxes. Mr. Warren recommended deferring adoption of the budget until the next regularly scheduled Board meeting. 14-222 J J J 04/09/14 In response to Mr. Warren's recommendation, Mr. Gecker suggested deferring consideration of the tax rate until the next regularly scheduled meeting. Ms. Jaeckle stated her readiness to go through cuts individually and make a decision today. In response to Mr. Elswick's question, she stated the Community Services Board was instructed to give a recommendation to the Board relative to group homes. She further stated she would be reluctant to assume the Community Services Board would save $1 million until all the facts are gathered. She stated she would have liked information pertaining to cuts to have been presented by each department individually, along with the ramifications of those cuts. Mr. Gecker stated it is necessary to defer consideration of the tax rate and budget to the next meeting. He further stated it is time for the Board to make decisions in order to cut additional expenses. Mr. Warren stated he believes Mr. Elswick's approach makes the most sense to balance the budget without some draconian cuts that may have been proposed along the way. In regards to commuter bus routes, Mr. Gecker stated 210 people are currently using that service. He noted the Board agreed to reduce exemptions for senior homeowners, and he does not feel more sympathy towards the commuters being subsidized than he does for the seniors. Mr. Stegmaier stated in order to process some of Mr. Gecker's requests, Budget staff needs to determine the debt service savings if remaining bonds that have not been spent were defeased. He further stated in his proposal, 2 cents was allocated to the school construction program and 1 cent to pay-as-you-go funding for School's CIP. Discussion ensued relative to Mr. Elswick's proposal for pay- as-you-go funding. Mr. Gecker noted the purpose of his proposal was meant to begin a discussion among the Board as to the possibility of items to achieve a balanced budget in FY2015 and meeting the goal of a full reduction of 1 in the PTR without raising the real estate tax rate. He stated he is open to any suggestion of a combination of cuts. Mr. Warren stated the current conversation shows a positive step forward and allows Board members to evaluate the options and see if a combination works for everyone. He urged staff to present information in writing to the Board before the next meeting. Mr. Stegmaier noted year-end funds are not committed, but are accounted for in the five-year plan. In regards to the proposed five-year plan, he stated there is an estimated income for source of funds on the revenue side which includes $5 million from the school system and $12.3 million from county use of reserves. He further stated surplus funds are never spent in the immediate next year, but are allocated a year later in a subsequent budget. 14-223 04/09/14 Mr. Elswick stated a number of projects have been funded out of year-end budget surpluses in the past, if the Board felt it was necessary. Discussion ensued relative to use of funds from any year-end budget surplus. Ms. Jaeckle noted she has always wanted to see a budget that did not raise taxes with a way to fund PTR. She stated she is pleased to see the Board is committed and willing to work together in order to meet that goal. Mr. Holland suggested moving away from the Work Session in order to address each budget item individually. Ms. Jaeckle recommended deferring the adoption of the FY2015 Community Development Block Grant and the HOME Investment Partnerships Annual Plan until the next regularly scheduled meeting. Mr. Carmody stated a proposal has been made on the allocation of the CDBG grants and the county has received notice of the grant allotment from the federal government. He noted there is a deadline of May 15th to submit what is adopted. Ms. Jaeckle clarified that the Work Session and specific budget items would be deferred to the April 23, 2014 meeting. In response to Mr. Warren's question, Mr. Carmody suggested calling each individual budget item and vote on whether to defer or approve as presented, or with modifications. 7. DEFERRED ITEMS There were no Deferred Items at this time. 8. NEW BUSINESS 8.A. BUDGET ITEMS 8.A.1. ADOPTION OF ORDINANCE ESTABLISHING THE ANNUAL TAX LEVY ON VARIOUS CLASSES OF REAL ESTATE AND PERSONAL PROPERTY FOR 2014 Mr. Stegmaier stated there has been discussion regarding deferral of adoption of the tax levy and various classes of personal real estate and personal property. He further stated deferral of setting the tax rate presents an assortment of problems. He stated there are some complicating factors relative to the interaction between real estate and personal property due to a class of mobile homes, which is personal property that is taxed at the real estate rate. He further stated there is an issue with the due date for the real estate taxes and personal property taxes, which is established by law. Mr. Carmody noted another issue would be with the service district for Powhite Transportation, which has the base real estate rate plus a 15-cent increment. 14-224 J J J 04/09/14 Mr. Stegmaier stated Mr. Cordle is concerned with missing the deadline for getting bills out on time to give taxpayers the required time in order to meet the June payment due date. In response to Mr. Warren's question, Mr. Stegmaier stated under the county's charter the Board has until May 1St to adopt the budget. He noted not all localities have a June Stn date for tax payment deadlines. Mr. Richard Cordle, Treasurer, stated all discussions center around what is best for taxpayers. He further stated his biggest concern lies in the ability to get bills out to citizens in a timely manner. He stated the annual billing contains a huge portion of prorated tax bills, which by county ordinance gives citizens 30 days to pay from the billing date. He further stated it would be very difficult to give those citizens 30 days to pay if the decision to approve the tax rate was delayed. He stated mobile homes are considered personal property and are required to be taxed at the real estate rate. In response to Mr. Elswick's question to hold a special meeting next week, Mr. Cordle stated, if approved next week, it would be more likely to hit the 30-day window than delaying to the April 23rd regularly scheduled meeting. Ms. Jaeckle noted she would be out of town next week. Mr. Warren made a motion to adopt the ordinance establishing the annual tax levy on various classes of real estate and personal property for 2014, at the current rate. Mr. Elswick seconded Mr. Warren's motion. Mr. Carmody clarified the existing tax rate of 95 cents. Mr. Gecker stated he cannot support the motion and is not prepared to short change the school division. He further stated there does not appear to be an identification of items that could be cut in order to fully fund PTR. He expressed concerns relative to lack of information regarding tax billing. Mr. Elswick stated he believes all Board members are in agreement to fully fund PTR. He further stated he would be willing to defer consideration for two weeks. Mr. Warren stated two weeks would be very difficult in order to give citizens ample time to pay their tax bill. He further stated the Board needs to be unified and comfortable with a final decision. He stated there are two proposals on the table that could be intertwined in order to complete funding for the school system and avoid raising the real estate tax rate. In regards to year-end surplus money, he stated there has been some flexibility to allocate funds to projects that were not included in the budget in the past. He expressed concerns relative to a total focus of attention on the school division. Ms. Jaeckle noted the problem with PTR has been an ongoing problem for some time. She expressed concerns with the elimination of four police officer positions.. She stated public safety was not hit as hard as schools during the last few years. She further stated everything on the list is very valuable to county citizens and very difficult to consider. 14-225 04/09/14 Mr. Holland stated he will not support cutting public safety positions or services. In response to Mr. Elswick's question, Mr. Warren stated he would be willing to defer consideration for two weeks, with the consensus of the Board. Mr. Elswick withdrew his second to Mr. Warren's original motion. On motion of Mr. Gecker, seconded by Mr. Elswick, the Board deferred adoption of the ordinance establishing the annual tax levy on various classes of real estate and personal property for 2014, until April 23, 2014. Ayes: Holland, Elswick, Warren and Gecker. Nays: Jaeckle. 8.A.2. ADOPTION OF THE FY2015 COMMUNITY DEVELOPMENT BLOCK GRANT AND THE HOME INVESTMENT PARTNERSHIPS ANNUAL PLAN On motion of Ms. Jaeckle, seconded by Mr. Gecker, the Board deferred the adoption of the FY2015 Community Development Block Grant and the HOME Investment Partnerships Annual Plan until April 23, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.A.3. ADOPTION OF THE FY2015-FY2019 CAPITAL IMPROVEMENT PROGRAM AND APPROVAL OF REVISIONS TO THE SCHOOLS FY2014 CAPITAL IMPROVEMENT PROGRAM On motion of Mr. Gecker, seconded by Mr. Elswick, the Board deferred the adoption of the FY2015-FY2019 Capital Improvement Program and approval of revisions to the Schools FY2014 Capital Improvement Program until April 23, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.A.4. ADOPTION OF THE FY2015 ANNUAL FINANCIAL PLAN On motion of Mr. Gecker, seconded by Mr. Warren, the Board deferred the adoption of the FY2015 Annual Financial Plan until April 23, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.A.5. ADOPTION OF ORDINANCE TO ESTABLISH STORMWATER SERVICE DISTRICT NUMBER 1 On motion of Mr. Elswick, seconded by Mr. Gecker, the Board deferred the adoption of an ordinance to establish Stormwater Service District Number 1 until April 23, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. J J 14-226 04/09/14 8.A.6. ADOPTION OF AMENDMENTS TO THE COUNTY CODE RELATING TO DEPARTMENT OF UTILITIES FEE CHANGES On motion of Mr. Warren, seconded by Ms. Jaeckle, 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 18-22 AND 18-27 RELATING TO UTILITIES CONNECTION FEES AND UTILITIES USER CHARGES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 18-22 and 18-27 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: Sec. 18-22. Connection fees. (a) The water connection fee shall be the capital cost recovery charge plus the meter installation charge based on the size of the water meter that the director installs. The wastewater connection fee shall be the capital cost recovery charge for the size of the water meter that serves the property, or, if the property does not receive water service, the size of the water meter that would serve the property if it received water service. (b) The capital cost recovery charge shall be: Customer Class Meter Number Capital Cost Size of Recovery Charge (inches) ERU's per Unit Water Wastewater (i) For a dwelling, 5/8 1.00 $ 5,100.00 $ 4,700.00 single-family, including townhouses, mobile homes that are not located in a mobile home park, and individually metered multifamily dwelling units (ii) For a dwelling, two- 5/8 1.00 5,100.00 4,700.00 family (per unit) (iii) For mobile homes that 0.85 4,335.00 3,995.00 are located in a mobile home park and for master metered multiple-family dwellings other than multiple-family dwellings used exclusively as housing for colleges and/or universities (per 14-227 04/09/14 unit) (iv) For all other customer classes 5/8 1.00 5,100.00 4,700. 0 1 2.50 12,750.00 11,750. 0 1'~ 5.00 25,500.00 23,500. 0 2 8.00 40,800.00 37,600. 0 3 16.00 81,600.00 75,200. 0 4 25.00 127,500.00 117,500. 0 6 50.00 255,000.00 235,000. 0 8 80.00 408,000.00 376,000. 0 10 115.00 586,500.00 540,500. 0 12 155.00 790,500.00 728,500. 0 The capital cost recovery charge for meters that are larg than 12 inches shall be determined by the director based the number of ERUs per unit. (v) The capital cost recovery charge for a dwelling that is served by a meter that is larger than five-eighths inch shall be the same capital cost recovery charge in subsection (b)(iv). (c) The meter and water service line installation charge shall be: (1) For installing water service lines: Inches Charge 5/8 1,725.00 1 2,000.00 lei 3,650.00 2 4,175.00 (2) For installing meters: Inches Charge 5/8 75.00 1 120.00 l~z 295.00 2 395.00 (3) For installing residential outside use meters using existing service lines: 460.00. 0 0 0 Sec. 18-27. Utility charges. Effective with bills issued on and after July 1, 2014, the consumer shall pay charges for utility service in accordance with the following schedules: J J 14-228 04/09/14 (a) Monthly service charges. The monthly service charge shall be: (1) Customer cost charge. A customer cost charge of $2.44 for each service account. However, customers who have only a water account or a wastewater account shall pay a customer cost charge of $4.88. (2 ) Commodity cost charge . (i) Water: $1.59 per 100 cubic feet (Ccf). (ii) Wastewater: $1.94 per 100 cubic feet (Ccf). 0 0 0 (2) That this ordinance shall become effective July 1, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.A.7. ADOPTION OF AMENDMENTS TO THE COUNTY CODE RELATING TO STORMWATER MANAGEMENT, EROSION AND SEDIMENT CONTROL AND STORMWATER DISCHARGE AND ASSOCIATED FEES On motion of Mr. Warren, seconded by Ms. Jaeckle, 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 SECTION 8-17 AND ENACTING SECTIONS 8-18 THROUGH 8-38, AND REPEALING SECTIONS 12-61 THROUGH 12-64, RELATING TO EROSION AND SEDIMENT CONTROL AND DISCHARGES TO THE STORMWATER SEWER SYSTEM BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 8-17 is amended and re-enacted and Sections 8-18 through 8-38 of the Code of the County of Chesterfield, 1997, are enacted, and Sections 12-61 through 12-64 are repealed, to read as follows: CHAPTER 8 Article II. Erosion and Sediment Control Sec. 8-17 Definitions. (a) In addition to the definitions set forth in section 8-2, when used in this article, the following terms shall have the following meanings: Agreement in lieu of a plan: A contract between the plan- approving authority and the owner that specifies conservation measures that must be implemented in the construction of a single-family residence; this contract may be executed by the plan-approving authority in lieu of a formal site .plan. 14-229 04/09/14 Certificate of occupancy: A certificate of use and occupancy issued under the Uniform Statewide Building Code, but not including a temporary certificate of use and occupancy. Conservation standards: The standards contained in the Virginia Erosion and Sediment Control Regulations and in chapter 3 of the current edition of the Virginia Erosion and Sediment Control Handbook for controlling erosion and sedimentation. Designated agent: The person designated by the applicant for a land-disturbance permit to act on behalf of the applicant and to accept service of legal process for the applicant. Development: A tract of land developed or to be developed as a single unit under single ownership or unified control which is to be used for any business or industrial purpose or a subdivision as defined in chapter 17 of this Code. Erosion and sediment control plan: Erosion and sediment control plan, "or plan," means a document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and forest management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives. Land disturbance permit: A permit issued by the department of environmental engineering for the clearing, filling, excavating, grading or transporting of land, non-exempt forest management, or for any combination thereof or for any purpose set forth herein. When the land-disturbing activity is in conjunction with the construction of a dwelling, the building permit issued by the building official shall be the land disturbance permit. Issuance of the land disturbance permit signifies satisfaction of the requirements of Article I and serves as the VSMP Authority Permit. Plan: The erosion and sediment control plan required by this chapter and by the Erosion and Sediment Control Law, Va. Code § 62.1-44.15:51, et seq. Program authority: The County of Chesterfield. The director of the department of environmental engineering, or his designee, is the designated authority to administer this program. Single-family residence, separately built: A dwelling that is occupied exclusively by one family and that is not located in a residential subdivision. Silviculture: Forest management, which is exempt from the requirements of this chapter, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation that is conducted in accordance with the silvicultural best management practices developed and enforced by the state forester pursuant to Va. Code § 10.1-1105. Soil and water conservation district: The district or districts established by the Virginia Soil and Water Conservation Board pursuant to Va. Code § 10.1-506, et seq. which includes Chesterfield County. J J J 14-230 04/09/14 Stabilized land: Land that will withstand normal exposure to atmospheric conditions without incurring erosion damage. (b) When used in this article, the following terms shall have the same meaning as set forth in Va. Code § 62.1 - 44.15:51: Applicant; Certified inspector; Certified plan reviewer; Certified program administrator; Erosion impact area; Land-disturbing activity; Local erosion and sediment control program; Owner; Permittee; Person; Plan-approving authority; State waters. Sec. 8-18 - Adoption of state erosion control regulations. Pursuant to Va. Code § 62.1-44.15:54, Chesterfield County adopts the Virginia Erosion and Sediment Control Regulations as the authority that governs the county's local erosion and sediment control program. Sec. 8-19- Approval of land-disturbing activity. (a) Except as provided in this chapter, no person shall engage in land-disturbing activity unless the person has obtained a land disturbance permit from the county and is displaying the permit on the site where the land- disturbing activity is taking place. No person shall install a septic tank or drain field in a resource management area as defined in the Chesapeake Bay Preservation Ordinance, unless the person has obtained a land disturbance permit and is displaying a permit on the site where the septic tank or drain field is being installed. (b) Persons who own, occupy or operate private lands on which agriculture, horticulture or silviculture is practiced shall be exempt from the requirements of this chapter for all activity that takes place on that land that is exempt from the definition of land-disturbing activity set forth in Code of Virginia, § 62.1-44.15:51. This exemption shall apply to silvicultural activities if there is full and continued compliance with silvicultural best management practices, developed and enforced by the state forester pursuant to Code of Virginia, § 10.1-1105, during and after the land-disturbing activity. This exemption shall not apply to land-disturbing activities including the clearing of trees for the purpose of establishing a residential lawn on land in an agriculturally zoned district where the use is residential. 14-231 04/09/14 (1)This exemption shall also not apply to land which has been rezoned or converted, or which is proposed to be rezoned or converted, at the request of the owner or previous owner from an agricultural to a residential, commercial or industrial zoning district or use. (2)As determined by the environmental engineer, forest management for land to which this exemption does not apply shall be for the purpose of enhancing the health and viability of the forest, under the supervision of a qualified forester, and will only be allowed upon the submission and approval of the appropriate forest management plan to include, but not limited to, erosion control, Chesapeake Bay Act/wetland restrictions, and the issuance of a land disturbance permit by the environmental engineer. (3)Any clear cut timbering shall be allowed only for the purpose of site development and shall be incorporated into the erosion and sediment control plan/narrative as the initial phase of infrastructure construction and will not commence until the issuance of the actual site development land disturbance permit. (c) General woodlot management conducted on lands that are in an agricultural zoning district and in conformance with sound silvicultural practices as confirmed by the state forester or professional arborist shall be exempt from the requirements of this chapter. For the purposes of this chapter, general woodlot management does not include the removal of stumps except for logging road and log deck construction. (d) The removal of uprooted tree stumps resulting from storm damage shall also be exempt from the requirements of this chapter. (e) Electric, natural gas and telephone utility companies, interstate and intrastate natural gas pipeline companies and railroad companies shall be exempt from the requirements of this chapter for projects that are exempt from local erosion and sediment control regulation pursuant to Va. Code § 62.1-44.15:55(D); provided, however, that such companies shall comply with the filing requirements of Va. Code § 62.1-44.15:55(D), as enforced by the department of conservation and recreation. (f) State agency projects are exempt from the provisions of this chapter except as provided for in Va. Code § 62.1- 44.15:56. Sec. 8-20. - Compliance required before other permits and approvals given. No building permit shall be any building or structure and approved, unless the land for issued for the construction of no subdivision plat shall be which the building permit or J J J 14-232 04/09/14 subdivision plat approval is sought is in compliance with this chapter. Sec. 8-21. - Land-disturbance permits. (a) The environmental engineer shall not issue a land- disturbance permit to an applicant who has submitted a land-disturbance permit application unless: (1) The applicant has submitted an erosion and sediment control plan that has been approved by the environmental engineer as meeting the conservation standards; (2) The owner and responsible land disturber, as designated by the owner, who are responsible for implementing and maintaining the erosion and sediment control plan certify that they will perform the erosion and sediment control measures included in the plan and any other erosion and sediment control measures deemed necessary by the environmental engineer. When requested by the owner, permit holder or responsible land disturber, the environmental engineer shall provide a written document to the requesting party identifying what additional measures not included in the approved erosion and sediment control plan are necessary, and shall notify the owner of those additional measures; (3) The applicant has paid the program administration fee and posted the bond, letter of credit or cash escrow required by this chapter; (4) The applicant has implemented and maintained adequate erosion and sediment control measures for any land-disturbing activity that has already taken place; (5) Any site plan or improvement sketch required by the zoning ordinance has been approved by the county and, when necessary, by the Virginia Department of Transportation. However, if the grading, drainage, floodplain erosion and sediment control and Chesapeake Bay Ordinance requirements have been met to the satisfaction of environmental engineer and the site plan has been deemed to be substantially approved by the site plan review team, the environmental engineer may issue the land disturbance permit; (6) Any tentative subdivision that is required by the subdivision ordinance has been approved by the county and any road and drainage plan that is required by the subdivision ordinance has been approved by the county and the Virginia Department of Transportation; (7) Copies of the following have been provided: a. Any wetlands permits that are required by federal or state law have been issued by the applicable state and federal regulatory agencies, or documentation has been submitted to the environmental engineer from a qualified wetlands expert, approved by the environmental engineer that establishes that a 14-233 04/09/14 wetlands permit is not required by federal or state law; and b. For construction sites of 2,500 square feet or more, a Virginia Stormwater Management Permit application and fee form showing the application has been filed with State Department of Conservation and Recreation. (8) The applicant has appointed a designated agent if the applicant does not reside in Virginia or is a corporation or a partnership. (b) Land-disturbance permits shall remain in effect until the land-disturbing activity for which the permit was issued has been completed, as determined by the environmental engineer, unless the permit provides for a different effective time period or unless the environmental engineer, or his designee, revokes the permit. (c) Any person who engages in land-disturbing activity on land which is more than 2,500 square feet in area but less than 10,000 square feet in area and that is located in a Chesapeake Bay preservation area shall be issued a land disturbance permit if the person has received minor site plan or improvement sketch approval and if there are no erosion and sediment control violations on the property, without having to comply with the provisions of subsection (a). Sec. 8-22. - Monitoring reports and inspections. (a) All applicants for land-disturbance permits shall expressly grant the environmental engineer the right to enter the property at all reasonable times before and after the permit is issued for the purpose of inspecting the property to determine whether the requirements of this chapter and of the approved erosion and sediment control plan are being met. The environmental engineer shall allow the owner, permittee or other individuals designated by the owner or permittee to be present during the inspection. (b) The environmental engineer may conduct pre-construction meetings with the contractor in charge of carrying out the approved plan, and the owner and/or permittee at the site of the land-disturbing activity. The responsible land disturber shall be present at the pre-construction meeting. (c) The environmental engineer shall conduct periodic inspections of land-disturbing activity as required by Va. Code § 62.1-44.15:58A and in accordance with 9VAC25- 840-60. (d) The environmental engineer shall require the responsible land disturber to inspect the land-disturbing activity on a regular basis, including prior to and immediately after any runoff producing storm events, as determined by the environmental engineer; and shall ensure compliance with the approved plan and/or any other measures deemed necessary by the environmental engineer. When requested by the owner, permit holder or responsible land disturber, the environmental engineer shall provide a written document to the requesting party identifying what additional measurers not included in J J J 14-234 04/09/14 the approved erosion and sediment control plan are necessary, and shall notify the owner of those additional measures. (e) The environmental engineer may require the responsible land disturber to maintain records of all inspections by the responsible land disturber and to determine whether the measures required in the approved plan are effective in controlling erosion and sedimentation. Any such records shall be made available to the environmental engineer for review. If the environmental engineer determines that records of the responsible land disturber's inspections must be maintained, such requirement shall be incorporated in the construction narrative or requested, or if the requirement is imposed after issuance of the land disturbance permit, in writing by the environmental engineer. (f) The environmental engineer may require the responsible land disturber to ensure that perimeter control materials have been delivered or, as applicable, are available or installed prior to the issuance of a land disturbance permit. Sec. 8-23. - Erosion and sediment control plans. (a) Applicants for land-disturbance permits shall submit to the environmental engineer an erosion and sediment control plan for review by the environmental engineer. The erosion and sediment control plan shall identify any Chesapeake Bay preservation areas and shall contain all other information required by the Virginia Erosion and Sediment Control Law; the Virginia Erosion and Sediment Control Regulations, and the Virginia Erosion and Sediment Control Handbook. (b) The environmental engineer shall either approve or disapprove an erosion and sediment control plan within 45 days after it is submitted. All approvals and disapprovals shall be in writing. When a plan is disapproved, the environmental engineer shall inform the applicant of the reasons for the disapproval and shall describe modifications to the plan that must be made in order for the plan to be approved. The environmental engineer shall grant written approval of the plan within 45 days of the plan's receipt if he determines that the plan meets the conservation standards. As a prerequisite to engaging in the _ the approved plan, t] properly perform the the plan and will c chapter and of Va. shall provide the certificate of compe 62.1-44.15:52, who w: for carrying out the to provide the. na certificate of compe disturbing activities the penalties provide ana-aisturning activities shown on e owner shall certify that he will conservation measures included in Inform to the provisions of this :ode § 62.1-44.15:51, et seq. and game of an individual holding a .ence, as provided by Va. Code § 11 be in charge of and responsible land-disturbing activity. Failure ie of an individual holding a ence prior to engaging in land- shall result in the application of ~ in this chapter. (c) If the environmental engineer does not approve or disapprove an erosion and sediment control plan within 45 days after an applicant submits such a plan, the erosion and sediment control plan shall be approved. 14-235 04/09/14 However, the applicant shall fulfill all of the other requirements of section 8-21 before the environmental engineer issues a land-disturbance permit to the applicant. (d) The environmental engineer shall require all erosion and sediment control plans to comply with the conservation standards and specifications contained in the Virginia Erosion and Sediment Control Handbook before they are approved. In cases where a conflict exists between the Virginia Erosion and Sediment Control Regulations (9VAC25-840) and the Virginia Erosion and Sediment Control Handbook, the terms of the regulations shall take precedence over the terms of the handbook. (e) For construction sites that are adjacent to sensitive environmental features such as RPAs, wetlands and floodplains, the approved plan may incorporate additional measures required by the director of environmental engineering to adequately prevent sediment from entering those resources. In addition, the director of environmental engineering will require additional measures other than the minimum standards contained in the Virginia Erosion and Sediment Control Handbook if it is determined that such measures are necessary for protection of sensitive environmental features and/or water resources within the Upper Swift Creek Watershed. At a minimum the measures will consist of (i) enhanced perimeter protection (ii) utility relocations as part of an approved erosion and sediment control plan and (iii) monthly submittal of an erosion and sediment control report for sites over five acres. (f) It shall be unlawful for any person to violate the provisions of an approved erosion and sediment control plan, or any other erosion and sediment control measures deemed necessary by the environmental engineer, as provided for in Va. Code § 62.1-44.15:51 et seq., 9VAC25- 840-40, and the most recently approved edition of the Virginia Erosion and Sediment Control Handbook. Sec. 8-24. - Modifications to an approved plan. An approved plan may be changed by the plan-approving authority when: (a) An inspection reveals that the plan is inadequate to control erosion and sedimentation and to satisfy applicable laws and/or regulations; or (b) The responsible land disturber finds that because of changed circumstances or other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this chapter, are agreed to by the plan-approving authority. Sec. 8-25. - Responsibility for the erosion and sediment control plan. The owner shall be responsible for preparing, submitting and implementing the erosion and sediment control plan. The owner shall also be responsible for the following: (a) Engaging the services of a responsible land disturber as defined in this chapter; 14-236 04/09/14 J J J (b) Maintaining all measures required by the erosion and sediment control plan; (c) Removing erosion and sediment control measures after the environmental engineer determines that the land is stabilized; (d) Removing all sediment from sediment basins that are to be converted to permanent best management practice facilities as required by the environmental engineer; and (e) All sediment basins constructed in conjunction with single family subdivisions or sections thereof that drain to the Swift Creek Reservoir must remain in place and fully stabilized until such time as compliance with subsection 19-238(d)(1) has been achieved. (f) The restoration or repair of properties and/or waters that have been adversely affected by the transport of sediment from the project site which is deemed necessary by the environmental engineer. Sec. 8-26. - Erosion and sediment control plans for land- disturbing activity in more than one jurisdiction. Persons who propose to engage in land-disturbing activity on land which extends into the jurisdiction of another locality and who have obtained approval of a conservation plan from DEQ shall notify the environmental engineer of the plan's approval. That approval shall fulfill the requirements of obtaining approval of an erosion and sediment control plan under this chapter. The person shall provide to the environmental engineer written documentation that such conservation plan has been approved by the department of conservation and recreation. The person shall also obtain a land-disturbance permit from the environmental engineer before engaging in land-disturbing activity in the county. Sec. 8-27. - Revocation of permit. (a) If the permit holder fails to comply with the erosion and sediment control plan or with the requirements of the land-disturbance permit, the environmental engineer shall give notice to the permit holder of the failure to comply and shall require the permit holder to comply within a specified period of time. The environmental engineer shall give notice in the manner that is described in section 8-32. The environmental engineer shall revoke the land-disturbance permit if the permit holder has not complied within the specified time period contained in the notice. (b) When the environmental engineer revokes a iand- disturbance permit, no land-disturbing activity shall take place on the site, except for activity that is required by the environmental engineer and which is directly related to compliance with the erosion and sediment control plan or the land-disturbance permit, as set forth in the notice of failure to comply. 14-237 04/09/14 Sec. 8-28. - Certification required. (a) The county's environmental engineer shall at all times contain among his staff one certified program administrator, at least one certified plan reviewer, and at least one certified project inspector. Any person who received a certificate of competence from the Virginia Soil and Water Conservation Board for plan review, project administration or program administration before the mandatory certification provisions of Code of Virginia, § 62.1-44.15:53(A), were adopted shall be deemed to be certified. (b) All erosion and sediment control plans shall be approved by a certified plan reviewer. All inspections of land- disturbing activity shall be conducted by a certified inspector. Sec. 8-29. - Performance bond, cash escrow, or irrevocable letter of credit. (a) Applicants shall post a performance bond in favor of the county with an acceptable corporate surety, in an amount approved by the environmental engineer as sufficient to install the controls specified in the erosion and sediment control plan. The bond shall be conditioned on the faithful performance of the approved erosion and sediment control plan and shall indemnify and save harmless the county from any loss that results from the applicant's failure to comply with the requirements of this chapter. The form of the bond shall be approved by the county attorney. (b) In lieu of a performance bond, the applicant may submit to the environmental engineer a cash escrow or an irrevocable letter of credit which is approved as to form by the county attorney. The amount of the cash escrow or letter of credit shall be approved by the environmental engineer in the manner described in subsection (a). (c) The amount of the bond, cash escrow, or irrevocable letter of credit shall include an amount that is equal to ten percent of the installation cost to cover maintenance costs. (d) For non-exempt timbering, the amount of the bond, cash escrow, or irrevocable letter of credit shall be $2,500.00. (e) If the owner or permit holder does not faithfully perform the approved erosion and sediment control plan or any other measures deemed necessary by the environmental engineer, as provided for in Va. Code § 62.1-44.15:51 et seq., 9VAC25-840-40, and the most recently approved edition of the Virginia Erosion and Sediment Control Handbook, the environmental engineer shall revoke the land disturbance permit prior to using any funds that are posted to implement any portion of the erosion and sediment control plan or other measures deemed necessary by the environmental engineer. The person who posted the bond, letter of credit or cash escrow shall increase the bond, letter of credit or cash escrow back to the original amount approved by the environmental engineer before the environmental engineer J J J 14-238 04/09/14 reissues the land disturbance permit to the permit holder. (f) Any person who engages in land-disturbing activity on land that has received minor site plan approval pursuant to chapter 19 of this Code shall be exempt from the requirements of this section, except that he must obtain a land disturbance permit. (g) within 60 days after all land-disturbing activity has been completed and the environmental engineer has determined that all land has been stabilized, any unexpended or unobligated funds that were posted or deposited with the environmental engineer pursuant to this section shall be released or refunded. For the purposes of this section, land-disturbing activity shall be considered to be complete when a certificate of occupancy has been issued or, in the case of a subdivision, when the board of supervisors has adopted a resolution requesting the state to accept the subdivision roads into the state highway system. Sec. 8-30. - Fees. (a) The applicant shall pay a program administration fee to the county at the time that he submits to the environmental engineer an erosion and sediment control plan. The amount of the fee shall be: (i) For an erosion and sediment control plan for land disturbance which is 10,000 square feet or larger and not located in a proposed subdivision: $1, 360.00, plus $60.00 for each acre of land to be disturbed. (ii) For an erosion and sediment control plan for land disturbance which is 10,000 square feet or larger and located in a proposed subdivision: $1,360.00, plus $60.00 for each lot. (iii) For an erosion and sediment control plan for land disturbance which is less than 10,000 square feet and is not to be used for a single-family residence: $100.00. (iv) For any building permit application or erosion and sediment control plan that is to be used for a single-family residence, separately built or any amendment thereto that changes the proposed building footprint from that of the initial submission: $50.00. (v) For resubmission of all or part of an erosion and sediment control plan for a subdivision or a residential development for which plan approval has previously been granted, there shall be a fee of $1,000.00 unless the resubmittal was requested by or on behalf of the county. (vi) For a non-exempt timber management plan: $100.00. (b) No program administration fee shall be required for an erosion and sediment control plan for land-disturbing activity that takes place in conjunction with a land use for which a minor site plan has been approved in accordance with the zoning ordinance. 14-239 04/09/14 (c) If a land-disturbance permit is revoked, the applicant shall pay an administrative fee in an amount equal to one-half of the original program administration fee when the applicant applies to have the land-disturbance permit reissued. (d) No business located within an enterprise zone or subzone designated by the Commonwealth of Virginia or technology zone designated by the County shall be required to pay any of the fees described in this section. Sec. 8-31. - Approval required for certain existing conditions. (a) It shall be unlawful for any owner of land in an erosion impact area to willfully permit erosion and sedimentation of his land to cause reasonably avoidable damage or harm to adjacent or downstream property, roads, streams, lakes or ponds. (b) When the environmental engineer determines that erosion and sedimentation is occurring in an erosion impact area, he shall give notice of the erosion and sedimentation to the land owner in writing at the address for the owner contained in the real estate assessor's records, and require the owner to obtain a land-disturbance permit for the purpose of engaging in land-disturbing activity to control the erosion and sedimentation. If the owner fails or refuses to obtain a land-disturbance permit within five days after the notice is mailed, or if the owner fails or refuses to install or maintain the erosion and sediment controls required by the approved erosion and sediment control plan after the land-disturbance permit is issued and within five days after the environmental engineer has given him written notice of such failure or refusal, the owner shall be in violation of this chapter. The environmental engineer may extend the five-day period if the owner demonstrates good cause for an extension. (c) In order to prevent further erosion, the department of environmental engineering may designate any land within the county as an erosion impact area. Sec. 8-32. - Noncompliance with this article. (a) If the environmental engineer determines that the permit holder has not complied with this chapter, the erosion and sediment control plan or the land-disturbance permit, the environmental engineer shall serve a notice to comply on the permit holder by: (1) Delivering the notice to the owner, his designated agent and the responsible land disturber; (2) Mailing the notice by registered or certified mail, to the address which the owner specified for receiving notices in the land-disturbance permit application and the responsible land disturber; or (3) Delivering the notice to the designated agent, contractor who is supervising the land-disturbing activity, at the site where the land-disturbing activity is permitted, or the responsible land disturber. 14-240 J J J 04/09/14 (b) The notice shall state the section of this chapter that has been violated and shall describe the measures that the permit holder must take to comply with this chapter. The notice shall also specify the date by which the permit holder shall comply with this chapter. Failure to comply within the time specified in the notice shall constitute a violation of this chapter and the permit holder shall be subject to land disturbance permit revocation and the penalties provided in this chapter. (c) If the permittee has not complied with this chapter within the time specified in the notice, then, in addition to the other actions permitted by this chapter, the environmental engineer may take measures to install ground cover or other temporary erosion and sediment control devices that are deemed necessary by the environmental engineer. The environmental engineer shall document all costs of any measures and shall notify the landowner, in writing, that the cost shall be a charge against the bond, letter of credit or cash escrow that is posted pursuant to this chapter. (d) If the environmental engineer notifies the county administrator of a substantial violation of this chapter, the county administrator may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue an order in accordance with Va. Code § 62.1-44.15:58 (C) requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been undertaken. In issuing such stop work order, the land disturbance permit shall be revoked and, where applicable, all other county permits and inspections for that project shall be suspended. The stop work order shall also apply to sewer and water line construction. The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven days from the date of service pending application by the county attorney or permit holder for appropriate relief to the Circuit Court of Chesterfield County. (e) If land-disturbing activities commenced prior to the issuance of a land disturbance permit are causing, or are in imminent danger of causing, harmful erosion of lands or sediment deposition in waters within the watersheds of the state, the environmental engineer may take measures subsequent to a stop work order as provided in this chapter, to install any groundcover or other temporary erosion and sediment control devices deemed necessary. The environmental engineer shall document all costs of such measures and shall notify the landowner in writing of such costs. The landowner shall reimburse the county for such costs prior to the issuance of a land disturbance permit. (f) Where the identified non-compliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the state, or where the land-disturbing activities have commenced without an approved plan and/or land disturbance permit, a stop work order may be issued without regard to whether the permittee has been issued a notice to comply as specified in this chapter. Otherwise, such an order may be issued only after the 14-241 04/09/14 permittee has failed to comply with the notice to comply. (g) Where the identified non-compliance has caused significant erosion of lands and sediment deposition in waters within watersheds of the county, or has adversely affected downstream properties, the environmental engineer shall hold the permit holder responsible for any restoration measures deemed necessary. (h) If land-disturbing activities have commenced without a land disturbance permit, the environmental engineer shall issue a notice of permit requirement and a stop work order for the immediate cessation all of land- disturbing activities. The issuance of such a stop work order shall also operate to suspend all other applicable county permits and inspections. In addition, civil penalties may be imposed in accordance with this chapter. Sec. 8-33. - Judicial review. Any person who is engaging in or proposing to engage in land-disturbing activity may appeal a final decision of the county administrator or environmental engineer that is made in the enforcement of this chapter to the circuit court of the county. The appeal shall be filed within 30 days after the person receives notice of the decision. Sec. 8-34. - Penalty for violation of this article. (a) A civil penalty in the amount listed on the schedule below may be assessed against the owner of the property, unless otherwise specified in this subsection, for a violation of each of the following offenses: (i) Commencement of land-disturbing activity prior to the issuance of a land disturbance permit as provided in section 8-19(a) shall be a fine of $1,000.00. (ii) Vegetative measures: failure to comply with minimum standards 1,2,3 and 5 shall be a fine of $100.00. (iii) Structural measures: failure to comply with minimum standards 4 , 6 , 10 , 11, 15 , and 17 shal l be a f ine of $100.00. (iv) Watercourse measurers: failure to comply with minimum standards 12, 13 and 15 shall be a fine of $100.00. (v) Slope stabilization/protective measures: failure to comply with minimum standards 7, 8 and 9 shall be a fine of $100.00. (vi) Underground utility measures: failure to comply with minimum standard 16(a), (b), (c), and/or (d) shall be a fine of $100.00. (vii) Erosion control standards and specifications: failure to comply with any standards and specifications contained in chapter 3 of the current edition of the Virginia Erosion and Sediment Control Handbook shall be a fine of $100.00. J J 14-242 04/09/14 (viii)Dust control: failure to comply with the standard and specification 3.39 relating to dust control shall be a fine of $100.00. (ix) Failure of the person responsible for carrying out the plan to provide the name of an individual holding a certificate of competence, as provided by Va. Code § 62.1-44.15:15, who will be in charge of and responsible for carrying out the land- disturbing activity shall be a fine of $100.00. (x) Certified responsible land disturber: failure of the certified responsible land disturber to fulfill any responsibilities provided for in this chapter shall be a fine of $100.00. (xi) Failure to obey a stop work order shall be a fine of $100.00. (xii) Failure to stop work when a permit is revoked shall be a fine of $100.00. (xiii) Failure to comply with the provisions of the approved forest management plan shall be a fine of $100.00. (xiv) Each day during which the violation is found to have existed shall constitute a separate offense. However, in no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of $3,000.00, except that a series of violations arising from the commencement of land- disturbing activities without a land disturbance permit for any site shall not result in civil penalties which exceed a total of $10,000.00. The assessment of civil penalties according to this schedule shall not be applied toward the cost of the installation of conservation measures required on the approved erosion and sediment control plan and/or any other measures deemed necessary by the environmental engineer and shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under subsection (a) of this section. (xv) Any civil penalties assessed in accordance with subsection (b) of this section shall be paid into the treasury of the county and designated for the purpose of minimizing, preventing, managing or mitigating pollution of the waters of the county. (b) The environmental engineer shall prepare an erosion and sediment control civil violation summons for use in enforcing the provisions of this chapter. Such notice shall contain the following information: (i) The name and address of the person charged. (ii) The nature of the violation and minimum standards and specifications that are not being met. (iii) The location and dates that the violation occurred or was observed. (iv) The amount of the civil penalty established for the violation. (v) The manner, location, and time that the civil penalty may be paid to the county. 14-243 04/09/14 (vi) A statement that it is the right of the recipient of the notice to elect to stand trial for the infraction and the date of such trial. (c) The environmental engineer or his designee, after consulting with the environmental engineer, shall have the option of serving upon the owner or permittee of the site upon which the violation occurred the civil violation summons, without issuing the notice to comply provided for in section 8-32 of this chapter. However, the notice of civil violation shall be served without issuing the notice to comply only in circumstances where the owner or his designated agent has demonstrated an unwillingness to comply with the environmental engineer's verbal instruction to comply given to the owner or agent. The notice of civil violation shall be served in the same manner described in section 8-32 of this chapter. (d) Should a civil violation summons be issued as provided in this chapter, it shall provide that any person issued the summons may, within five working days of receipt of the summons, elect to pay the civil penalty by making an appearance in person or by certified mail to the Chesterfield County treasurer's office and, by such appearance may enter a waiver of trial, admit liability, and pay the civil penalty established for the violation charged and provide that a signature to an admission of liability shall have the same force and effect as a judgment in court; however, an admission shall not be deemed a criminal conviction for any purpose. (e) If a person charged with a civil violation summons does not elect to enter a waiver of trial and admit liability, the environmental engineer shall cause the sheriff's department to serve the summons on the owner or permittee. (f) Failure to pay the civil penalty, or to contest the violation, within the time period prescribed herein, shall result in the immediate issuance of a stop work order and the revocation of the permit. (g) The environmental engineer may apply to the circuit court of the county to enjoin a violation or a threatened violation of this chapter, without the necessity of showing that there is no adequate remedy at law. (h) Any person who violates any provision of this chapter may be civilly liable to the county for damages incurred by the county that result from the violation. (i) If a person who has violated any condition of a land- disturbance permit and the environmental engineer agree, the environmental engineer may issue an order to the person to pay a specific civil fine not to exceed $2,000.00 for a violation. Such civil fine shall not be applied toward the cost of the installation of conservation measures required on the approved erosion and sediment control plan and/or any other measures deemed necessary by the environmental engineer. The fine shall be paid into the treasury of the county and designated for the purpose of minimizing, preventing, managing or mitigating pollution of the waters of the county. If such a civil fine is imposed, no civil penalty may be imposed pursuant to subsection (a). J J J 14-244 04/09/14 (j) The county attorney shall take legal action to enforce the provisions of this chapter when the environmental engineer requests him to do so and when there is probable cause to believe that a violation has occurred. (k) Without limiting the remedies which may be obtained in this section any person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, at the discretion of the court, to a civil penalty not to exceed $2,000.00 for each violation. A civil action for such violation or failure may be brought by the county. Any civil penalties assessed by a court shall be paid into the treasury of the county and designated for the purpose of minimizing, preventing, managing or mitigating pollution of the waters of the county, except where the violator is the county itself, or its agency, the court shall direct the penalty to be paid in the state treasury of the state. Article III. Discharges to the stormwater Sewer System Sec. 8-35. - Definitions. In addition to the definitions set forth in section 8-2, when used in this article, the following terms shall have the following meanings: Discharge: To dispose, deposit, spill, pour, inject, dump, leak or place by any means; and any substance which is disposed, deposited, spilled, poured, injected, dumped, leaked or placed by any means. Illicit discharge: Any discharge to the storm sewer system that is not composed entirely of stormwater, except (i) discharges pursuant to a VPDES or state permit (other than the state permit for discharges from the municipal separate storm sewer), (ii) discharges resulting from firefighting activities and (iii) discharges listed in Section 8-36 (b) unless such discharges are identified by the State or county as sources of pollutants of waters of the United States pursuant to section 8-36(c). Industrial waste: Wastes resulting from any process of industry, manufacture, trade or business, or from the development of any natural resource. Municpal separate storm sewer or MS4 means a conveyance or system of conveyances otherwise known as a municipal separate storm sewer system, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains: 1. Owned or operated by a federal, state, city, town, county, district, association, or other public body, created by or pursuant to state law, having jurisdiction or delegated authority for erosion and sediment control and stormwater management, or a designated and approved management agency under § 208 of the Clean Water Act that discharges to surface waters; 2. Designed or used for collecting or conveying stormwater 3. That is not a combined sewer; and 4. That is not part of a publicly owned treatment works. 14-245 04/09/14 National pollutant discharge elimination system (NPDES) permit: The permit issued by the federal government for imposing and enforcing pretreatment requirements pursuant to the Clean Water Act. Other waste: Wastes that can adversely affect waters of the United States when discharged into those waters, including, but not limited to, garbage, refuse, lime, fertilizer, ashes, offal, tar, paint, solvents, petroleum products, antifreeze and chemicals. Sanitary sewer line: An underground conduit that collects and delivers sanitary wastewater to a wastewater treatment plant. Storm sewer system: The conveyance or system of conveyances located within the county which are designed or used for collecting, storing or conveying stormwater or through which stormwater is collected, stored or conveyed, including but not limited to roads, municipal streets, catch basins, drop inlets, curbs, gutters, ditches, pipes, lakes, ponds, man-made channels, storm drains, outfalls, retention, detention and infiltration basins and other facilities. Surface waters: All waters that run across the surface of land, including but not limited to natural or man-made ponds, lakes, impoundments, rivers, streams (including intermittent and ephemeral streams), natural or man-made water courses and tidal and non-tidal wetlands, except that waste treatment systems, treatment ponds and lagoons designed to meet the requirements of the Federal Clean Water Act shall not be surface waters. Virginia Pollutant Discharge Elimination System (VPDES) permit: Permit issued by the, State Water Control Board pursuant to the State Water Control Law authorizing, under prescribed conditions, the potential or actual discharge of pollutants from a point source to surface waters. Waters of the United States: All waters, whether on the surface or under the ground, the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce, including but not limited to intrastate lakes, rivers, streams (including intermittent and ephemeral streams), mudflats, sandflats, wetlands, sloughs, prairie pot-holes, wet meadows, playa lakes and natural ponds, except that waste treatment systems, treatment ponds and lagoons designed to meet the requirements of the Clean Water Act shall not be waters of the United States. Wetlands: Land that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, generally including but not limited to swamps, marshes, bogs and similar areas. Sec. 8-36. - Discharges separately or co-mingled with Municipal stormwater System to the Storm Sewer System. (a) It shall be unlawful to: (1) Cause or allow illicit discharges to the storm sewer system; (2) Cause or allow the discharge of industrial waste or other waste to or through the storm sewer system without a VPDES or NPDES permit; 14-246 04/09/14 J J J (3) Cause or allow discharges from construction activities that are regulated under the Virginia Stormwater Management Program without the authorization of a separate VSMP permit; (4) Violate any condition or provision of this article; and (5) Connect, or cause or allow to be connected to the storm sewer system, without a VPDES, NPDES or VSMP permit, any structure that conveys any liquid other than stormwater or discharges listed in paragraph (b) of this section, including but not limited to pipes, drains, sanitary sewer lines, washing machine drains or floor drains. (b) Subject to the provisions of paragraph (c) of this section, the following activities shall not be unlawful illicit discharges: (1) Water line flushing; (2) Landscape irrigation; (3) Diverted stream flows or rising groundwaters; (4) Infiltration of uncontaminated groundwater (as defined in 40 CFR 35.2005(20)),; (5) Pumping of uncontaminated groundwater; (6) Discharges from potable water sources, foundation drains, irrigation water, springs, water from crawl spaces or footing drains; (7) Air conditioning condensation; (8) Lawn watering; (9) Individual residential car washing; (10) Flows from riparian habitiats and wetlands; (11) Dechlorinated swimming pool discharges; (12) Street wash water; (13) Discharges or flows from firefighting activities; and (14) Other activities generating discharges identified by the Department of Environmental Quality as not requiring VPDES authorization. (c) If any activity listed in paragraph (b) of this section is found by the environmental engineer to be a source of pollutants to waters of the United States, the environmental engineer shall serve a written notice on the party responsible for the activity which orders that the activity be ceased or conducted in a manner that will avoid the discharge of pollutants to the storm sewer system or waters of the county. The notice shall state the date by which the activity shall cease or be conducted without pollution. Failure to comply with any such order within the time stated in the notice shall constitute a violation of paragraph (a)(3) of this section. (d) Materials from a spill are not authorized unless the discharge of material resulting from a spill is necessary to prevent loss of life, personal injury, or severe property damage. The responsible party must take all reasonable steps to minimize or prevent any adverse effect on human health or the environment. 14-247 04/09/14 Sec. 8-37. - Inspecting and monitoring stormwater discharge. The environmental engineer shall have the authority to inspect and monitor discharges and sources of potential discharge to the storm sewer system to ensure compliance with this article, including the authority to enter upon private property at reasonable times and under reasonable circumstances consistent with the requirements of the Fourth Amendment of the United States Constitution to inspect or monitor such discharges or sources of potential discharge. The environmental engineer shall also have the authority to initiate enforcement actions in accordance with Section 8-38. Sec. 8-38. - Penalties for violations of article. (a) Any person who knowingly violates any provision of this article shall be guilty of a Class 1 misdemeanor. Each day that such violation is committed, and each day that such violation is permitted to remain uncorrected shall constitute a separate offense. (b) Any person who otherwise violates any provision of this article shall be subject to a civil penalty between $250 and $1,000 for each day that the violation continues. The court assessing such civil penalty may order the penalty to be paid into the treasury of the county and designated for the purpose of minimizing, preventing, managing or mitigating pollution of the waters of the county. (c) Any person who violates any provision of this article shall be responsible for testing, containing, cleaning up, abating, removing and disposing of any substance unlawfully discharged into the storm sewer system or into waters of the county, or, if the environmental engineer determines that correction of the violation can best be accomplished by the county, shall be liable to the county for all costs of testing, containment, cleanup, abatement, removal and disposal of any substance unlawfully discharged into the storm sewer system or into waters of the county. (2) That this ordinance shall become effective immediately upon adoption. And, further, 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 8-1 THROUGH 8-16, RELATING TO STORMWATER MANAGEMENT BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 8-1 through 8-16 of the Code of the County of Chesterfield, 1997, as amended, are amended and re- enacted, to read as follows: 14-248 J J J 04/09/14 CHAPTER 8 STORMWATER MANAGEMENT AND WATER QUALITY Article I. stormwater Management Sec. 8-1. Purpose and authority. (a) The purpose of this chapter is to ensure the general health, safety, and welfare of the citizens of the County and protect the quality and quantity of state waters from the potential harm of unmanaged stormwater, including protection from land disturbing activity causing unreasonable degradation of properties, water quality, stream channels, and other natural resources, and to establish procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced. (b) This chapter is intended to facilitate integration of the County's stormwater management requirements with the County's regulations relating to erosion and sediment control (Chapter 8, Article II) illicit discharges to the stormwater sewer system (Chapter 8, Article III), and the Chesapeake Bay Preservation Act requirements (Chapter 19, Article IV, Division 4). (c) This ordinance is adopted pursuant to § 62.1- 44.15:27 of the Code of Virginia. Sec. 8-2. Definitions. In addition to the definitions set forth in the Virginia stormwater Management Regulations, as amended, which are expressly adopted and incorporated herein by reference, the following words and terms used in this chapter have the following meanings unless otherwise specified herein. Where definitions differ, those incorporated herein shall have precedence. "Administrator" means the VSMP authority, including the "environmental engineer" who is the County staff person responsible for administering the VSMP on behalf of the locality. "Applicant" means any person submitting an application for a permit or requesting issuance of a permit under this chapter. "Best management practice" or "BMP" means schedules of activities, prohibitions of practices, including both structural and nonstructural practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land-disturbing activities. "Chesapeake Bay Preservation Act land-disturbing activity" means a land-disturbing activity including clearing, grading, or excavation that results in a land disturbance equal or greater than 2,500 square feet and less than one acre in all areas of jurisdictions designated as 14-249 04/09/14 subject to the regulations adopted pursuant to the Chesapeake Bay Preservation Act, Code of Virginia, § 62.1-44.15:67, et seq. "Clean Water Act" or "CWA" means the federal Clean Water Act (33 U.S.C §1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto. "Common plan of development or sale" means a contiguous area where separate and distinct construction activities may be taking place at different times on different schedules, e.g., a subdivision development. "Commonwealth" means the Commonwealth of Virginia. "Construction record drawing" means an "as built" drawing prepared by a licensed engineer or surveyor that depicts the actual physical condition of the constructed facility. "Control measure" means any best management practice or stormwater facility, or other method used to minimize the discharge of pollutants to state waters. "County" means the County of Chesterfield, Virginia. "Department or DEQ" means the Commonwealth's Department of Environmental Quality. "Development" means land disturbance and the resulting landform associated with the construction of residential, commercial, industrial, institutional, recreation, transportation or utility facilities or structures or the clearing of land for non-agricultural or non-silvicultural purposes. "Environmental engineer" means the Director of the County's Department of Environmental Engineering, including his designees. The environmental engineer is the Administrator responsible for administering the VSMP on behalf of the County. "Environmental Engineering Reference Manual" means the official compilation of policies and standards relating to land development promulgated by the environmental engineer pursuant to his authority under the County Code and applicable federal and state law. "General permit" means the state permit titled GENERAL VPDES PERMIT FOR DISCHARGES OF STORMWATER FROM CONSTRUCTION ACTIVITIES found at 9VAC25-880-1, et seq., of the Regulations authorizing a category of discharges under the CWA and the Virginia stormwater Management Act within a geographical area of the Commonwealth. "Land disturbance" or "land-disturbing activity" means a man-made change to the land surface that potentially changes its runoff characteristics including clearing, grading, or excavation except that the term shall not include those exemptions specified in section 8-3 (c) of this chapter. J J J 14-250 04/09/14 "Land disturbance permit" or "Permit" or "VSMP Authority Permit" means an approval to conduct a land-disturbing activity issued by the environmental engineer for the initiation of a land-disturbing activity, in accordance with this chapter, and which may only be issued after evidence of general permit coverage has been provided by DEQ. "Layout" means a conceptual drawing sufficient to provide for the specified stormwater management facilities required for stormwater management compliance. "Minor modification" means an amendment to an existing general permit before its expiration not requiring extensive review and evaluation including, but not limited to, changes in EPA promulgated test protocols, increasing monitoring frequency requirements, changes in sampling locations, and changes to compliance dates within the overall compliance schedules. A minor general permit modification or amendment does not substantially alter general permit conditions, substantially increase or decrease the amount of surface water impacts, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment. "Operator" means the owner or other operator of any facility or activity subject to regulation under this chapter. "Permittee" means the person to whom the state permit or VSMP authority permit is issued, including any owner or operator whose construction site is covered under a state construction general permit. "Person" means any individual, corporation, partnership, association, state, municipality, commission, or political subdivision of a state, governmental body, including federal, state, or local entity as applicable, any interstate body or any other legal entity. "Regulations" means the Virginia Stormwater Management Program (VSMP) Regulations, 9VAC25-870-10, et seq., as amended. "Responsible land disturber" means the individual designated in writing by the holder of the land disturbance permit to be in charge of and responsible for carrying out a land-disturbing activity covered by an approved plan or an agreement in lieu of a plan. The responsible land disturber must hold a certificate of competence as provided by Va. Code § 62.1-44.15:52. "Site" means the land or water area where any facility or land-disturbing activity is physically located or conducted, including adjacent land used or preserved in connection with the facility or land-disturbing activity. Areas channelward of mean low water in tidal Virginia shall not be considered part of a site. "State" means the Commonwealth of Virginia. "State Board" means the State water Control Board. 14-251 04/09/14 "State permit" means an approval to conduct a land- disturbing activity issued by the State Board in the form of a state stormwater individual permit or coverage issued under a state general permit or an approval issued by the State Board for stormwater discharges from an MS4. Under these state permits, the Commonwealth imposes and enforces requirements pursuant to the federal Clean Water Act and regulations, the Virginia stormwater Management Act and the Regulations. "State Water Control Law" means Chapter 3.1 (§62.1-44.2 et seq.) of Title 62.1 of the Code of Virginia. "State waters" means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands. "stormwater" means precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage. "stormwater management containing material describing requirements of Section 8-6 of plan" means a document(s) methods for complying with the this Ordinance. "stormwater Pollution Prevention Plan" or "SWPPP" means a document that is prepared in accordance with good engineering practices and that identifies potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from the construction site, and otherwise meets the requirements of this chapter. In addition the document shall identify and require the implementation of control measures, and shall include, but not be limited to the inclusion of, or the incorporation by reference of, an approved erosion and sediment control plan, an approved stormwater management plan, and a pollution prevention plan. "Subdivision" means the same as defined in Chapter 17 of the County Code. "SWPPP" means stormwater Pollution Prevention Plan. "Total maximum daily load" or "TMDL" means the sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources, natural background loading and a margin of safety. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure. The TMDL process provides for point versus nonpoint source trade-offs. •• viryinia azormwazer l~ianayemenz ncz •• or ..ticL ° means Article 2.3 (§62.1-44.15:24, et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia. "Virginia stormwater BMP Clearinghouse Website" means a website that contains detailed design standards and specifications for control measures that may be used in Virginia to comply with the requirements of the Virginia stormwater Management Act, and associated regulations. "Virginia stormwater Management Program" or "VSMP" means a program approved by the State Board after September 13, J J 14-252 04/09/14 2011, that has been established by a VSMP authority to manage the quality and quantity of runoff resulting from land- disturbing activities and shall include such items as local ordinances, rules, permit requirements, annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, enforcement, where authorized in this article, and evaluation consistent with the requirements of this article and associated regulations. "Virginia Stormwater Management Program authority" or "VSMP authority" means an authority approved by the State Board after September 13, 2011, to operate a Virginia Stormwater Management Program. The environmental engineer is the Administrator responsible for administering the VSMP on behalf of the County. Sec. 8-3. Stormwater permit requirement; exemptions. (a) Except as provided herein, no person may engage in any land-disturbing activity until a VSMP authority permit has been issued by the environmental engineer in accordance with the provisions of this chapter. (b) A Chesapeake Bay Preservation Act Land-Disturbing Activity is not subject to General Permit coverage, however it shall be subject to an erosion and sediment control plan consistent with the requirements of the Erosion and Sediment Control Ordinance (Chapter 8, Article II) and, if applicable, a stormwater management plan as outlined under section 8-6, the technical criteria and administrative requirements for land-disturbing activities outlined in section 8-9, and the requirements for control measures long-term maintenance outlined under section 8-10. Additional requirements relating to the Chesapeake Bay Preservation Act can be found in Chapter 19 (zoning). (c) Notwithstanding any other provisions of this chapter, the following activities are exempt, unless otherwise required by federal law: (1) Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Title 45.1 of the Code of Virginia; (2) Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the State Board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the 14-253 04/09/14 provisions of Chapter 11 (§ 10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection B of § 10.1-1163 of Article 9 of Chapter 11 of Title 10.1 of the Code of Virginia; (3) Single-family residences separately built and disturbing less than 2,500 square feet and not part of a larger common plan of development or sale, including additions or modifications to existing single-family detached residential structures; (4) Land disturbing 2,500 square activities that development or disturbance; activities that disturb less than feet of land area except for are part of a larger common plan of sale that is one acre or greater of (5) Discharges to a sanitary sewer or a combined sewer system; (6) Activities under a State or federal reclamation program to return an abandoned property to an agricultural or open land use; (7) Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original construction of the project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subsection; and (8) Conducting land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the environmental engineer shall be advised of the disturbance within seven days of commencing the land-disturbing activity and compliance with the administrative requirements of section 8-3(a) is required within 30 days of commencing the land-disturbing activity. Sec. 8-4. stormwater management program established; submission and approval of plans; prohibitions; owner's responsibility for VSMP Permit. (a) Pursuant to § 62.1-44:15:27 of the Code of Virginia, the County hereby establishes a Virginia stormwater management program for land-disturbing activities and adopts the applicable Regulations that specify standards and specifications for VSMPs promulgated by the State Board for the purposes set out in section 8-1 of this chapter. The environmental engineer is designated as the Administrator of the County's Virginia stormwater management program. (b) No permit shall be issued by the environmental engineer, until the following items have been J J J 14-254 04/09/14 submitted to and approved by him as prescribed herein: (1) A permit application that includes a general permit registration statement (except when a registration statement is not required, e.g., Chesapeake Bay Preservation Act land distributing activity). A single-family residence separately built, disturbing less than one acre and part of a larger common plan of development or sale is authorized to discharge under this general permit and is not required to submit a registration statement; (2) An erosion and sediment control accordance with the County's Sediment Control ordinance, Article II; and (3) A stormwater requirements disturbance, environmental management plan of Section 8-6. this plan must be engineer. plan approved in Erosion and Chapter 8, that meets the Prior to land approved by the (c) No permit shall be issued until evidence of general permit coverage is obtained (except when general permit coverage is not required, e.g., Chesapeake Bay Preservation Act land distributing activity). (d) No permit shall be issued until the fees required to be paid pursuant to section 8-15, are received and a performance bond has been submitted and approved pursuant to .section 8-16. (e) No permit shall be issued unless and until the permit application and attendant materials and supporting documentation demonstrate that all land clearing, construction, disturbance, land development and drainage will be done according to the approved permit. (f) No grading, building or other local permit shall be issued for a property unless a permit has been issued by the Administrator. (g) The owner shall be responsible for preparing, submitting and implementing the VSMP permit. The owner shall also be responsible for the following: (1) Engaging the services of a responsible land disturber as defined in this chapter; (2) Maintaining all measures required by the VSMP permit; (3) Removing all sediment from sediment basins that are to be converted to permanent best management practice facilities as required by the stormwater management plan; and (4) The' restoration or repair of properties and/or waters that have been adversely affected by improperly managed stormwater from .the project site which is deemed necessary by the environmental engineer. 14-255 04/09/14 Sec. 8-5. Stormwater Pollution Prevention Plan; contents of plan. (a) The SWPPP shall include the content specified by 9VAC25-870-54 and must also comply with the requirements and general information set forth in 9VAC25-880-70, Section II of the general permit. (b) The SWPPP shall be amended there is a change in operation, or maintenance effect on the discharge waters which is not add SWPPP. by the operator whenever design, construction, that has a significant of pollutants to state ressed by the existing (c) The SWPPP must be maintained by the operator at a central location onsite. If an onsite location is unavailable, notice of the SWPPP's location must be posted near the main entrance at the construction site. Operators shall make the SWPPP available for public review in accordance with Section II of the general permit, either electronically or in hard copy. Sec. 8-6. Stormwater Management Plan; contents of plan. (a) The Stormwater Management Plan, required in section 8-4, must apply the stormwater management technical criteria set forth in section 8-9 to the entire land disturbance activity. Individual lots in new residential, commercial, or industrial developments shall not be considered to be separate land- disturbing activities. The Stormwater Management Plan must also consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff. The Stormwater Management Plan shall include the following information: (1) Information on the type and location of stormwater discharges; information on the features to which stormwater is being discharged including surface waters and the predevelopment and post-development drainage areas; (2) Contact information including the name, address, email and telephone number of the owner and the tax reference number and parcel number of the property or properties affected; (3) A narrative, included with the construction plans submitted for review and approval in accordance with chapters 17 and 19 of this Code, that includes a description of current site conditions and final site conditions; (4) A general description of the proposed stormwater management facilities and the mechanism through which the facilities will be operated and maintained after construction is complete, if the facilities are not to be maintained by the County; J J J 14-256 04/09/14 (5) Information on the proposed stormwater management facilities, including: (i) The type of facilities; (ii) Location, including geographic coordinates; (iii) Acres treated; and (ix) The surface waters into which the facility will discharge. (6) Hydrologic and hydraulic computations, including runoff characteristics; (7) Documentation and calculations verifying compliance with the water quality and quantity requirements of section 8-9 and the Environmental Engineering Reference Manual. (8) A map or maps of the site that depicts the topography of the site and includes: (i) All contributing drainage areas; (ii) Existing streams, ponds, culverts, ditches, wetlands, other water bodies, floodplains, and Resource Protection Areas (RPAs); (iii) Soil types, forest cover, and other vegetative areas; (iv) Current land use including existing structures, roads, and locations of known utilities and easements; (v) Sufficient information on adjoining parcels to assess the impacts of stormwater on the site to, and from, these parcels; (vi) The limits of clearing and grading, and the proposed drainage patterns on the site; (vii) Proposed buildings, roads, parking areas, utilities, and stormwater management facilities; and (viii) Proposed land use with tabulation of the percentage of surface area to be adapted to various uses, including but not limited to planned locations of utilities, roads, easements, managed turf, and permanently forested areas. (9) Construction activities that are part of a larger common plan of development or sale and disturb less than once acre shall utilize a SWPPP template provided by DEQ and need not provide a separate stormwater management plan if one has been prepared and implemented for the larger common plan of development or sale. (b) If an operator intends to meet the water quality and/or quantity requirements set forth in section 8-9 through the use of off-site compliance options then, where applicable, a letter of availability confirmed by a bill of sale from the off-site provider must be included. Approved off-site options must achieve the necessary nutrient reductions prior to the commencement of the applicant's land-disturbing activity except as otherwise allowed by ~ 62.1-44.15:35 of the Code of Virginia. 14-257 04/09/14 (c) Elements of the stormwater management plans that include activities regulated under Chapter 4 (§54.1-400 et seq.) of Title 54.1 of the Code of Virginia shall be appropriately sealed and signed by a professional registered in the Commonwealth pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia. (d) A construction record drawing for permanent stormwater management facilities shall be submitted to the environmental engineer for approval. The construction record drawing shall be appropriately sealed and signed by a professional registered in the Commonwealth, certifying that the stormwater management facilities have been constructed in accordance with the approved plan. Sec. 8-7. Pollution Prevention Plan; contents of plans. (a) Pollution Prevention Plan, required by 9VAC25-870- 56 shall be developed, implemented, and updated as necessary and must detail the design, installation, implementation, and maintenance of effective pollution prevention measures to minimize the discharge of pollutants. At a minimum, such measures must be designed, installed, implemented, and maintained to: (1) Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other wash waters. Wash waters must be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge; (2) Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials present on the site to precipitation and to stormwater; and (3) Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures. (b) The pollution prevention plan shall include effective best management practices to prohibit the following discharges: (1) Wastewater from washout of concrete, unless managed by an appropriate control; (2) Wastewater from washout and cleanout of stucco, paint, form release oils, curing compounds, and other construction materials; (3) Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance; and (4) Soaps or solvents used in vehicle and equipment washing. J J J 14-258 04/09/14 (c) Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, are prohibited unless managed by appropriate controls. Sec. 8-8. Review of Stormwater Management Plan. (a) The environmental engineer shall review Stormwater management plans and shall approve or disapprove a Stormwater management plan according to the following: (1) The environmental engineer shall determine the completeness of a plan in accordance with Section 8-6 and shall notify the applicant, in writing, of such determination, within 15 calendar days of receipt. If the plan is deemed to be incomplete, the above written notification shall contain the reasons the plan is deemed incomplete. (2) The environmental engineer shall have an additional 60 calendar days from the date of the communication of completeness to review the plan, except that if a determination of completeness is not made within the time prescribed in subdivision (1), then plan shall be deemed complete and the environmental engineer shall have 60 calendar days from the date of submission to review the plan. (3) The environmental engineer shall review any plan that has been previously disapproved, within 45 calendar days of the date of resubmission. (4) During the review period, the plan shall be approved or disapproved and the decision communicated in writing to the person responsible for the land-disturbing activity or his designated agent. If the plan is not approved, the reasons for not approving the plan shall be provided in writing. Approval or denial shall be based on the plan's compliance with the requirements of this chapter. (5) If a plan meeting all requirements of this chapter is submitted and no action is taken within the time provided in section 8-8(a)(2) for review, the plan shall be deemed approved. However, the applicant shall fulfill all other requirements of section 8- 21 (land disturbance permits) before issuance of a land disturbance permit. (b) Approved Stormwater plans may be modified as follows: (1) Modifications to an approved stormwater management plan shall be allowed only after review and written approval by the environmental engineer, who shall have 60 calendar days to respond in writing either approving or disapproving such request. (2) The environmental engineer may require that an approved stormwater management plan be amended, within a time that he prescribes, to address any deficiencies noted during inspection. 14-259 04/09/14 (c) The environmental engineer shall require the submission of a construction record drawing for permanent stormwater management facilities. Sec. 8-9. Technical criteria for regulated land disturbing activities, including grandfathering provisions. (a) Technical Criteria. (1) To protect the quality and quantity of state water from the potential harm of unmanaged stormwater runoff resulting from land-disturbing activities, the County hereby adopts the technical criteria for regulated land-disturbing activities set forth in Part II B of the Regulations, as amended, expressly including, without limitation, 9VAC25-870-63 (water quality design criteria requirements); 9VAC25-870- 65 (water quality compliance); 9VAC25-870-66 (water quantity); 9VAC25-870-69 (offsite compliance options); 9VAC25-870-72 (design storms and hydrologic methods); 9VAC25-870-74 (stormwater harvesting); 9VAC25-870-76 (linear development project); and, 9VAC25-870-85 (stormwater management impoundment structures or facilities) which, along with the requirements of the Environmental Engineering Reference Manual, shall apply to all land-disturbing activities regulated pursuant to this chapter, except as expressly set forth in subsections (b) and (c) of this section. (2) Land-disturbing activities that obtain an initial state permit or commence land disturbance prior to July 1, 2014 shall be conducted in accordance with the Part II C technical criteria of the Regulations including, without limitation, 9VAC25-870-93 through 9VAC25-870-99. Such projects shall remain subject to the Part II C technical criteria for two additional state permit cycles. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the State Board. (3) Land-disturbing activities that obtain an initial state permit on or after July 1, 2014 shall be conducted in accordance with the Part II B technical criteria of the Regulations, except as provided for below. Land-disturbing activities conducted in accordance with the Part II B technical criteria shall remain subject to the Part II B technical criteria for two additional state permit cycles. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the State Board. (4) Nothing in this section shall preclude an operator from constructing to a more stringent standard at his discretion. (b) Any land-disturbing activity shall be considered grandfathered by the County and shall be subject to J J J 14-260 04/09/14 the Part II C technical criteria of the Regulations provided: (1) A proffered or conditional zoning plan, proffered plan of development, preliminary or final subdivision plat, preliminary or final site plan, or any document determined by the County to be equivalent thereto (i) was approved by the County prior to July 1, 2012, (ii) provided (prior to July 1, 2012) a layout, meaning a conceptual drawing sufficient to provide for specified stormwater management facilities required at the time of approval, (iii) will comply with the Part II C technical criteria of the Regulations and (iv) has not been subsequently modified or amended in a manner resulting in an increase in the amount of phosphorus leaving each point of discharge or the volume or rate of runoff; (2) A state permit has not been issued prior to July 1, 2014; and (3) Land disturbance did not commence prior to July 1, 2014. (c) County, state, and federal projects shall be considered grandfathered by the County and shall be subject to the Part II C technical criteria of the Regulations provided: (i) there has been an obligation of County, state, or federal funding, in whole or in part, prior to July 1, 2012, (ii) a state permit has not been issued prior to July 1, 2014, and (iii) land disturbance did not commence prior to July 1, 2014. (d) Land-disturbing activities grandfathered under subsections b and c of this section shall remain subject to Part III C technical criteria of the Regulations for one additional state permit cycle. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the State Board. (e) In cases where governmental bonding or public debt financing has been issued for a project prior to July 1, 2 012 , such project shal l be subject to the technical criteria of Part II C of the Regulations unless the permittee chooses to be subject to the more stringent criteria of Part II B. (f) The environmental engineer may grant exceptions to the technical requirements of Part II B or Part II C of the Regulations, provided that (i) the exception is the minimum necessary to afford relief, (ii) reasonable and appropriate conditions are imposed so that the intent of the Act, the Regulations, and this chapter are preserved, (iii) granting the exception will not confer any special privileges that are denied in other similar circumstances, and (iv) exception requests are not based upon conditions or circumstances that are self-imposed or self-created. Economic hardship 14-261 04/09/14 alone is not sufficient reason to grant an exception from the requirements of this chapter. (1) Exceptions to the requirement that the land- disturber obtain the VSMP authority permit shall not be approved by the environmental engineer, nor shall he approve the use of a BMP not found on the Virginia stormwater BMP Clearinghouse Website or any other control measure not duly approved by the Director of the DEQ. (2) Exceptions to requirements for phosphorus reductions shall not be allowed unless offsite options otherwise permitted pursuant to 9VAC25-870- 69 have been considered and found not available. (g) Nothing in this section shall preclude an operator from constructing to a more stringent standard at their discretion. Sec. 8-10. Long-term maintenance of permanent stormwater facilities. (a) The environmental engineer shall require the provision of long-term responsibility for and maintenance of stormwater management facilities and other techniques specified to manage the quality and quantity of runoff. Such requirements shall be set forth in an instrument recorded in the local land records prior to general permit termination, or earlier as required by the environmental engineer. At a minimum, the instrument shall: (1) Be submitted to the environmental engineer for review and approval prior to the approval of the stormwater management plan; (2) Be stated to run with the land; (3) Provide for all necessary access to the property for purposes of maintenance and regulatory inspections; (4) Provide for inspections and maintenance and the submission of inspection and maintenance reports to the environmental engineer; and (5) Be enforceable by all appropriate governmental parties. Sec. 8-11. Monitoring and inspections. (a) The environmental engineer shall inspect the land- disturbing activity during construction for: (1) Compliance with the approved erosion and sediment control plan; (2) Compliance with the approved stormwater management plan; (3) Development, updating, and implementation of a pollution prevention plan; and J J 14-262 04/09/14 (4) Development and implementation of any additional control measures necessary to address a TMDL. (b) The environmental engineer may, at reasonable times and under reasonable circumstances consistent with the requirements of the Fourth Amendment of the United States Constitution, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this chapter. (c) In accordance with a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement or instrument, the environmental engineer may enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions which are required by the permit conditions associated with a land- disturbing activity when a permittee, after proper notice, has failed to take acceptable action within the time specified. (d) Pursuant to § 62.1-44.15:40 of the Code of Virginia, the environmental engineer may require every VSMP authority permit applicant or permittee, or any such person subject to VSMP authority permit requirements under this chapter, to furnish when requested such application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of his discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of this chapter, subject to the protection of confidential information as set forth in Va. Code § 62.1-44.15:40. (e) Inspections of stormwater management facilities required by the provisions of this chapter (whether during construction, post-construction and/or after expiration of the general permit) shall be conducted pursuant to the County's adopted, and State Board approved, inspection program. Such inspections shall occur, at minimum, at least once every five (5) years, except for such shorter intervals as required by the environmental engineer, or as may otherwise be provided for in section 8-10. Sec. 8-12. Formal hearings. (a) Any permit applicant or permittee, or person subject to requirements of this chapter, who is aggrieved by any action of the County taken without a formal hearing, or by inaction of the County, may demand in writing a formal hearing of such action or inaction causing such grievance, provided a petition requesting such hearing is filed with the environmental engineer within 30 days after notice of such action is given by the environmental engineer. 14-263 04/09/14 (b) The formal hearing shall be conducted by the County's Deputy County Administrator for Community Development at the time and place designated by the Deputy County Administrator. (c) A verbatim record of the proceedings of such hearings shall be taken and filed with the Deputy County Administrator and the environmental engineer. Depositions may be taken and read as in actions at law. (d) The Deputy County Administrator shall have power to issue subpoenas and subpoenas duces tecum, and at the request of any party shall issue such subpoenas. The failure of a witness without legal excuse to appear or to testify or to produce documents shall be acted upon by the Deputy County Administrator, whose action may include the procurement of an order of enforcement from the Circuit Court for Chesterfield County. Witnesses who are subpoenaed shall receive the same fees and reimbursement for mileage as in civil actions. Sec. 8-13. Appeal to Circuit Court. Any person, including the County, aggrieved by a decision of the Deputy County Administrator made pursuant to section 8-12, may seek judicial review of such decision in the Circuit Court for Chesterfield County. Sec. 8-14. Enforcement. (a) If the environmental engineer determines that there is a failure to comply with the VSMP authority permit conditions or determines there is an unauthorized discharge, notice shall be served upon the permittee or person responsible for carrying out the permit conditions by any of the following: verbal warnings and inspection reports, notices of corrective action, consent special orders, and notices to comply. Written notices shall be served by registered or certified mail to the address specified in the permit application, by email at the Internet address specified in the permit application, or by personal delivery by an agent of the environmental engineer to the agent, contractor, responsible land disturber, applicant, permittee, or owner. (1) The notice shall specify the measures needed to comply with the permit conditions and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, a stop work order may be issued in accordance with subsection (b), the permit may be revoked by the environmental engineer and/or civil penalties may be issued. (2) The stop work order is issued by the environmental engineer and requires the owner, permittee, person responsible for carrying out an approved plan, 14-264 J J J 04/09/14 responsible land disturber or the person conducting the land-disturbing activities without an approved plan or required permit to cease all land- disturbing activities until the violation of the permit has ceased, or an approved plan and required permits are obtained, and specified corrective measures have been completed. Such orders shall become effective upon service on the person by certified mail, return receipt requested, sent to his address specified in the land records of the locality, or by personal delivery by an agent of the environmental engineer. However, if the environmental engineer finds that any such violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth or otherwise substantially impacting water quality, it may issue, without advance notice or hearing, an emergency order directing such person to cease immediately all land-disturbing activities on the site and shall provide an opportunity for a hearing, after reasonable notice as to the time and place thereof, to such person, to affirm, modify, amend, or cancel such emergency order. If a person who has been issued an order is not complying with the terms thereof, the environmental engineer may institute a proceeding for an injunction, mandamus, or other appropriate remedy in accordance with section 8-14 (c). (b) In addition to any other remedy provided by this article, no building permit shall be issued for the construction of any building or structure and no subdivision plat shall be approved, unless the land for which the building permit or subdivision plat approval is sought is in compliance with this article. (c) Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance, order, approved standard or specification, or any permit condition issued by the environmental engineer may be compelled in a proceeding instituted by the County in the Circuit Court for Chesterfield County to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. (d) Any person who violates any provision of this article or who fails, neglects, or refuses to comply with any order of the environmental engineer, shall be subject to a civil penalty not to exceed $32,500 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense. (1) Violations for which a penalty may be imposed under this subsection (whether during construction, post- construction and/or after the expiration of the general permit) shall include but not be limited to the following (although, at the discretion of the 14-265 04/09/14 environmental engineer, any violation of Chapter 8, Article II, Erosion and Sediment Control may be addressed in accordance therewith): (i) No state permit registration; (i i ) No SWPPP ; (iii) Incomplete SWPPP; (iv) SWPPP not available for review; (v) No approved erosion and sediment control plan; (vi) Failure to install stormwater BMPs or erosion and sediment controls; (vii) Stormwater BMPs or erosion and sediment controls improperly installed or maintained; (viii) Operational deficiencies; (vix) Failure to conduct required inspections; (x) Incomplete, improper, or missed inspections; and (xi) Discharges not in compliance with the requirements of Section 9VAC25-880-70 of the general permit. (2) The environmental engineer may issue a Notice of Violation And Assessment of Civil Penalties to initiate collection of the civil penalty and, if this proceeding is not successful, the matter may be prosecuted in the appropriate court. (3) In imposing a civil penalty pursuant to this subsection, the environmental engineer and the court may consider the degree of harm caused by the violation and also the economic benefit to the violator from noncompliance. (4) Any civil penalties assessed as a result of a summons issued by the County shall be paid into the treasury of the County to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the County and abating environmental pollution therein in such manner as the court may, by order, direct. (e) Notwithstanding any other civil or equitable remedy provided by this section or by law, any person who willfully or negligently violates any provision of this chapter, any order of the environmental engineer, any condition of a permit, or any order of a court shall, be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months or a fine of not less than $2,500 nor more than $32,500, or both. Sec. 8-15. Fees. (a) Fees to cover costs associated with implementation of a VSMP related to land disturbing activities and issuance of general permit coverage and VSMP authority permits shall be imposed in accordance with Table 1. DEQ may also assess additional fees that the County will collect on behalf of DEQ. These fees listed below, and any additional fees payable to DEQ, shall be paid prior to the issuance of a land disturbance permit. When a site or sites has been purchased for development within a 14-266 J J J 04/09/14 previously permitted common plan of development or sale, the Applicant shall be subject to fees in accordance with the disturbed acreage of their site or sites according to Table 1. m~h1 0 ~ ~ T.'PPS~ fnr Hermit issuance Fee type Fee to be paid by Applicant to County. Chesapeake Bay Preservation Act Land- Disturbing Activity (not subject to General Permit coverage; sites within $209 designated areas of Chesapeake Bay Act localities with land-disturbance acreage equal to or greater than 2,500 square feet and less than 1 acre) General / Stormwater Management - Small Construction Activity/Land Clearing (Areas within common plans of development or sale $209 with land disturbance acreage less than 1 acre.) General / Stormwater Management - Small Construction Activity/Land Clearing (Sites or areas within common plans of $1,944 development or sale with land disturbance acreage equal to or greater than 1 acre and less than 5 Acres) General / Stormwater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of $2,448 development or sale with land disturbance acreage equal to or greater than 5 acres and less than 10 acres) General / Stormwater Management - Large Construction Activity/Land Clearing [Sites or areas within common plans of $3.,240 development or sale with land disturbance acreage equal to or greater than 10 acres and less than 50 acres] General / Stormwater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of $4,392 development or sale with land disturbance acreage equal to or greater than 50 acres and less than 100 acres) General / Stormwater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of $6,912 development or sale with land disturbance acreage equal to or greater than 100 acres ) * If the project is completely administered by DEQ such as may be the case for a state or federal project or projects covered by individual permits, the entire applicant fee shall be paid to DEQ. (b) Fees for the modification or transfer of registration statements from the general permit issued by the State Board shall be imposed in 14-267 04/09/14 accordance with Table 2. If the general permit modifications result in changes to stormwater management plans that require additional review by the County, such reviews shall be subject to the fees set out in Table 2. The fee assessed shall be based on the total disturbed acreage of the site. In addition to the general permit modification fee, modifications resulting in an increase in total disturbed acreage shall pay the difference in the initial permit fee paid and the permit fee that would have applied for the total disturbed acreage in Table 1. Table 2: Fees paid to the County for the modification or transfer of registration statements for the General Permit for Discharges of stormwater from Construction Activities J Type of Permit Fee Amount General / stormwater Management - Small Construction Activity/Land Clearing (Areas $20 within common plans of development or sale with land disturbance acreage less than 1 acre) General / stormwater Management - Small Construction Activity/Land Clearing (Sites or areas within common plans of development or $200 sale with land disturbance acreage equal to or greater than 1 and less than 5 acres) General / stormwater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of development or $250 sale with land disturbance acreage equal to or greater than 5 acres and less than 10 acres) General / stormwater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of development or $300 sale with land disturbance acreage equal to or greater than 10 acres and less than 50 acres) General / stormwater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of development or $450 sale with land disturbance acreage equal to or greater than 50 acres and less than 100 acres) General / stormwater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of development or $700 sale with land disturbance acreage equal to or greater than 100 acres) ^ me zee =or re-issuance of a revoked permit is one- half of the original issuance fee. (c) The following annual permit maintenance shall be imposed in accordance with Table 3, including fees imposed on expired permits that have been administratively continued. With respect to the general permit, these fees shall apply until the permit coverage is terminated. Table 3: Permit Maintenance Fees J J Type of Permit Fee Amount Chesapeake Bay Preservation Act Land-Disturbing Activity (not subject to General Permit $50 coverage; sites within designated areas of Chesapeake Bay Act localities with land- 14-268 04/09/14 disturbance acreage equal to or greater than 2,500 square feet and less than 1 acre) General / Stormwater Management - Small Construction Activity/Land Clearing (Areas $50 within common plans of development or sale with land disturbance acreage less than 1 acre) General / Stormwater Management - Small Construction Activity/Land Clearing (Sites or areas within common plans of development or sale $400 with land disturbance equal to or greater than 1 acre and less than 5 acres) General / Stormwater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale $500 with land disturbance acreage equal to or greater than 5 acres and less than 10 acres) General / Stormwater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale $650 with land disturbance acreage equal to or greater than 10 acres and less than 50 acres) General / Stormwater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale $900 with land disturbance acreage equal to or greater than 50 acres and less than 100 acres) General / Stormwater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale $1,400 with land disturbance acreage equal to or greater 100 acres) Permit coverage maintenance fees shall be paid annually to the County, by the anniversary date of the issuance of the land disturbance permit. No permit will be reissued or automatically continued without payment of the required fee. Permit coverage maintenance fees shall be applied until a Notice of Termination is effective. (d) The fees set forth in Subsections (a) through (c) above, shall apply to: (1) All persons seeking coverage under the general permit. (2) All permittees who request modifications to or transfers of their existing registration statement for coverage under a general permit. (3) Permit and permit coverage maintenance fees outlined under section 8-15 (c) may apply to each general permit holder. (e) No general permit application fees will be assessed to: 14-269 04/09/14 (1) Permittees who request minor modifications to general permits as defined in section 8-2 of this chapter. Permit modifications at the request of the permittee resulting in changes to stormwater management plans that. require additional review by the environmental engineer shall not be exempt pursuant to this section. (2) Permittees whose general permits are modified or amended at the initiative of DEQ, excluding errors in the registration statement identified by the environmental engineer or errors related to the acreage of the site. (f) All incomplete payments will be deemed as nonpayments, and the applicant shall be notified of any incomplete payments. Interest may be charged for late payments at the underpayment rate set forth in §58.1-15 of the Code of Virginia and is calculated on a monthly basis at the applicable periodic rate. A 10% late payment fee shall be charged to any delinquent (over 90 days past due) account. The County shall be entitled to all remedies available under the Code of Virginia in collecting any past due amount. Sec. 8-16. Performance Bond. Prior to issuance of any permit or subdivision plat recordation, the Applicant shall be required to submit a reasonable performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the County Attorney, to ensure that measures could be taken by the County at the Applicant's expense should he fail, after proper notice, within the time specified to initiate or maintain appropriate actions which may be required of him by the permit conditions as a result of his land disturbing activity. If the County takes such action upon such failure by the Applicant, the Locality may collect from the Applicant for the difference should the amount of the reasonable cost of such action exceed the amount of the security held, if any. Within 60 days of the completion of the requirements of the permit conditions, such bond, cash escrow, letter of credit or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the Applicant or terminated. (2) That this ordinance shall become effective on July 1, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.A.8. ADOPTION OF AMENDMENTS TO THE COUNTY CODE RELATING TO SERVICE FEES FOR EMERGENCY AMBULANCE TRANSPORT Mr. Warren made a motion to approve the item. Mr. Elswick suggested deferral of the item. Mr. Warren withdrew his original motion. Mr. Elswick then made a motion, seconded by Mr. Warren, for the Board to defer adoption of amendments to the County Code relating to service fees for emergency ambulance transport, until April 23, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. J J J 14-270 04/09/14 8.A.9. ADOPTION OF AMENDMENTS TO THE COUNTY CODE RELATING TO VEHICLE REGISTRATION FEES On motion of Mr. Elswick, seconded by Mr. Gecker, the Board deferred the adoption of amendments to the County Code relating to vehicle registration fees, until April 23, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.A.10. ADOPTION OF RESOLUTION APPROPRIATING FUNDS FOR FY2015 On motion of Mr. Gecker, seconded by Mr. Elswick, the Board deferred the adoption of resolution appropriating funds for FY2015, until April 23, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Mr. Warren noted the Board had a unanimous vote on most of the items presented. He stated the goal of the Board is to keep the tax rate at the current level, as long as appropriate cuts are agreed upon to balance the budget. Mr. Gecker and Mr. Holland stressed the importance of fully funding PTR. 8.B. APPOINTMENTS On motion of Mr. Gecker, seconded by Mr. Warren, the Board suspended its rules to allow simultaneous nomination /appointment/reappointment of members to the Airport Advisory Board, Community Criminal Justice Board and Richmond Area Metropolitan Planning Organization. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.B.1. AIRPORT ADVISORY BOARD On motion of Mr. Elswick, seconded by Mr. Gecker, the Board simultaneously nominated/reappointed Mr. Steve Uphoff, Matoaca District, to serve on the Airport Advisory Board, whose term is effective May 23, 2014 and will expire on May 22, 2017. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.B.2. COMMUNITY CRIMINAL JUSTICE BOARD On motion of Mr. Warren, seconded by Mr. Gecker, the Board simultaneously nominated/appointed The Honorable Karl Leonard (Chesterfield County Sheriff), to serve on the Community Criminal Justice Board, whose term is effective immediately and will expire June 30, 2015. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-271 04/09/14 8.B.3. RICHMOND AREA METROPOLITAN PLANNING ORGANIZATION On motion of Mr. Elswick, seconded by Ms. Jaeckle, the Board simultaneously nominated/appointed Mr. Daniel Gecker and Mr. Arthur Warren, to serve on the Richmond Area Metropolitan Planning Organization, whose terms are effective immediately and will expire December 31, 2015. And, further, the Board appointed Ms. Dorothy Jaeckle to serve as the county's alternate representative on the Richmond Area Metropolitan Planning Organization, whose term is effective immediately and will expire December 31, 2015. (It is noted that Mr. Gecker and Mr. Warren will replace Dr. William Brown and Mr. John McCracken and that Ms. Jaeckle will now serve as the county's only alternate representative.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C. ADOPTION OF RESOLUTIONS 8.C.l.A. APPROVING THE ISSUANCE OF ECONOMIC DEVELOPMENT AUTHORITY REVENUE BONDS FOR THE BENEFIT OF SENIOR LIVING CHOICES OF VIRGINIA, INCORPORATED On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, the Economic Development Authority of the County of Chesterfield (the "Authority") has approved the application of Senior Living Choices of Virginia, Inc., d/b/a Brandermill Woods (the "Company"), a Virginia non-stock, not- for-profit corporation, requesting that the Authority issue up to $55,000,000 of its revenue bonds in one or more series at one time or from time to time (the "Bonds") to assist the Company in (a) financing certain capital improvements at the Company's facilities located at 14311 Brandermill Woods Trail and 2100 Brandermill Parkway, Midlothian, Virginia 23112 (the "Facilities"), including (i) the construction and equipping of a new approximately 140,021 square foot four story independent living building to include approximately 75 independent living units and one level of parking for approximately 69 spaces, (ii) the construction and equipping of a three story approximately 29,505 square foot expansion of one of the existing independent living buildings to include approximately 18 additional independent living units, (iii) the expansion and renovation of the existing health care center to include the addition of approximately 17,566 square feet, to include approximately 22 new skilled nursing private rooms, (iv) the construction and equipping of an approximately 4,019 square foot maintenance building, (v) the renovation and expansion of the existing clubhouse to include the addition of approximately 22,284 square feet, which will include a wellness center, an indoor pool, dining facilities, theatre, and multipurpose rooms, (vi) the construction of additional parking lots for approximately 130 parking spaces and (vii) certain other capital improvements at the Facilities (collectively, the "Project"), (b) funding a debt service reserve fund and (c) financing funded interest, marketing costs, working capital and costs of issuance J J J 14-272 04/09/14 incurred in connection with the Project and the issuance of the Bonds (collectively, the "Plan of Finance"), and has held a public hearing on March 20, 2014; WHEREAS, Section 147 (f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, the Authority issues its bonds on behalf of the County of Chesterfield, Virginia (the "County"), the Project is located in the County and the Board of Supervisors of the County of Chesterfield, Virginia (the "Board"), constitutes the highest elected governmental unit of the County; WHEREAS, the Authority has recommended that the Board approve the Plan of Finance and the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. The Board approves the Authority for the benefit of Section 147 (f) of the Code and of Virginia of 1950, as amen permit the Authority to assist Finance. issuance of the Bonds by the the Company, as required by Section 15.2-4906 of the Code 3ed (the "Virginia Code") to in accomplishing the Plan of 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Plan of Finance or the Company. 3. This resolution shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of the County of Chesterfield, Virginia this 9th day of April, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.1.B. RECOGNIZING COUNTY EMPLOYEES UPON THEIR RETIREMENT 8.C.1.b.1. MS. DAWN L. SIMMONS, UTILITIES DEPARTMENT On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Ms. Dawn L. Simmons retired from the Chesterfield County Utilities Department on April 1, 2014; and WHEREAS, Ms. Simmons began her public service with the 14-273 04/09/14 Chesterfield County Utilities Billing section as an Account Clerk on January 1, 1979; and WHEREAS, Ms. Simmons transferred to the Utilities Operations Center as a Stock Handler in 1983 and was promoted to the Logistics Supervisor position responsible for the Central Stores section in 2007, where she has served faithfully until her retirement; and WHEREAS, Ms. Simmons managed the procurement of equipment and material used for the maintenance and operation of the water distribution and wastewater collections systems infrastructure; and WHEREAS, Ms. Simmons utilized her knowledge of these systems to maintain an adequate level of inventory materials needed to provide water and wastewater service that is safe, reliable and environmentally sound; and WHEREAS, Ms. Simmons was focused on providing world- class customer service by consistently meeting or exceeding customer expectations by assuring that all customers' needs were served in an expeditious, courteous, effective and prompt manner by taking full advantage of every customer request for service opportunity to provide an excellent response; and WHEREAS, Ms. Simmons continuously focused her efforts on providing personnel with the resources needed to perform their tasks effectively and efficiently while ensuring the financial integrity of the department; and WHEREAS, Ms. Simmons consistently exceeded expectations as reported in the annual physical inventory audits; and WHEREAS, Ms. Simmons was respected and well-liked by her peers and co-workers and developed many excellent working relationships with various vendors and manufacturer representatives. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Ms. Dawn L. Simmons and extends on behalf of its members and citizens of Chesterfield County, appreciation for more than 35 years of exceptional service to the county. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.1.b.2. OFFICER FIRST CLASS BARTHOLOMEW "BB" CLARKE, POLICE DEPARTMENT On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Officer First Class Bartholomew "BB" Clarke retired from the Chesterfield County Police Department on April 1, 2014, after providing more than 26 years of outstanding quality service to the citizens of Chesterfield County; and WHEREAS, Officer Clarke has faithfully served the county in the capacity of Patrol Officer, Detective and Officer First Class; and 14-274 J J J 04/09/14 WHEREAS, during his tenure, Officer Clarke has served in the capacity of Funeral Escort Officer, Field Training Officer, General Instructor, Public School Gang Specialist, School Resource Officer, and as a member of the South End Task Force; and WHEREAS, Officer Clarke was awarded the Purple Heart for injuries received while protecting a victim who was being attacked; although injured himself, he was able to bring the victim to safety, and was recognized for his commitment to duty and for distinguishing himself by the actions he took to prevent further injury to the individual; and WHEREAS, Officer Clarke was the recipient of the Meritorious Service Award for his exemplary devotion to duty during an undercover operation, after placing himself in personal danger on numerous occasions in an operation that resulted in the arrest of more than 100 individuals indicted on over 300 charges; and WHEREAS, Officer Clarke and his fellow School Resource Officers were recognized with a Unit Citation Award for achieving a high volume of case resolutions while maintaining a strong focus on their normal duties at the schools; and WHEREAS, Officer Clarke received a Certificate of Achievement for his enthusiasm, dedication and professionalism in an operation that was brought to a successful and safe conclusion with the seizure of illegal narcotics and assets, and more than 100 criminal indictments of 82 individuals; and WHEREAS, Officer Clarke is recognized for his communications and human relations skills, his professionalism and his teamwork, all of which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and WHEREAS, Officer Clarke has received numerous letters of commendation, thanks and appreciation for services rendered; and WHEREAS, Officer Clarke has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Officer Clarke's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Officer First Class Bartholomew "BB" Clarke, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-275 04/09/14 8.C.1.b.3. LIEUTENANT TIMOTHY A.W. SPIVEY, POLICE DEPARTMENT On motion of Mr. Gecker, seconded by Mr. Warren, the Board adopted the following resolution: WHEREAS, Lieutenant Timothy A.W. Spivey retired from the Chesterfield County Police Department on April 1, 2014, after providing more than 22 years of quality service to the citizens of Chesterfield County; and WHEREAS, Lieutenant Spivey has faithfully served the county in the capacity of Patrol Officer, Detective, Senior Detective, Senior and Master Officer, Sergeant and Lieutenant; and WHEREAS, during his tenure with the Chesterfield County Police Department, Lieutenant Spivey has served as a Field Training Officer, General Instructor, Firearms Instructor, Platoon Lieutenant, Special Operations Lieutenant, Special Weapons and Tactical Team Commander, Honor Guard Commander, and as a member of the Marine Patrol, Special Response Unit and Fugitive/Warrant Task Force; and WHEREAS, Lieutenant Spivey was the recipient of a Life Saving Award due to his quick thinking and rapid actions after a suicidal subject's self-inflicted wound; the subject was subsequently rushed to the hospital for treatment; and WHEREAS, Lieutenant Spivey received the Meritorious Service Award for his many years of service on the Police Department's Special Weapons and Tactical Team, serving in many capacities while on the team, including operator, assistant team leader, team leader and team commander, and his exceptional performance and leadership assisted the department in successfully resolving numerous tactical situations and ultimately saved lives; and WHEREAS, Lieutenant Spivey has been a long-term member of the Police Honor Guard where he has served as Honor Guard Commander, and he and his fellow unit members have received two unit citations for their exemplary work and professionalism displayed during numerous assignment details; and WHEREAS, Lieutenant Spivey received a Chief's Commendation Award for distinguishing himself as a member of the Tactical Team while assisting the DEA Task Force in an extended surveillance and successful arrest of a suspect considered highly dangerous due to his violent past, suspected drug use and access to extremely destructive weapons; and WHEREAS, Lieutenant Spivey was recognized with an Achievement award for his teamwork that culminated in the implementation of the 12-hour shift, which consisted of evaluating current law enforcement scheduling practices, recommending a schedule for adoption, implementing a trial period and evaluating the new schedule, and there are many positive impacts of the new schedule, with perhaps the most important being more officers on the street to serve the citizens of Chesterfield County; and WHEREAS, Lieutenant Spivey ha commendations for dedicated service, to list, and many letters of thank services rendered; and 14-276 s received additional which are too numerous s and appreciation for J J 04/09/14 WHEREAS, Lieutenant Spivey is recognized for his communication and human relations skills, his professionalism and his teamwork, all of which he has utilized within the Police Department and in assisting citizens of Chesterfield County; and ~. WHEREAS, Lieutenant Spivey has provided the Chesterfield County Police Department with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Lieutenant Spivey's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Lieutenant Timothy A.W. Spivey, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. Ayes: Nays: 8.C.2. Holland, Elswick, Jaeckle, Warren and Decker. None. AUTHORIZATION TO AWARD CONSTRUCTION CONTRACTS 8.C.2.a. FOR THE OSBORNE ROAD (CLIFF LAWN DRIVE TO SHOPPING CENTER) SIDEWALK PROJECT On motion of Mr. Decker, seconded by Mr. Warren, the Board authorized the award of a construction contract for the Osborne Road (Cliff Lawn Drive to shopping center) Sidewalk Project, up to $772,580, to the lowest responsive and responsible bidder; and authorized the County Administrator to execute all necessary change orders for the work, up to the full amount budgeted, for the project. (It is -noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. 8.C.2.b. FOR THE ROUTE 360 (GENITO ROAD TO WARBRO ROAD) WIDENING PROJECT On motion of Mr. Decker, seconded by Mr. Warren, the Board authorized award of a construction contract for the Route 360 (Genito Road to Warbro Road) Widening Project, up to $1,652,581, upon VDOT concurrence, to the lowest responsive and responsible bidder; and authorized the County Administrator to execute all necessary change orders for the work, up to the full amount budgeted, for the project. (It is noted a copy of the plat. is filed with the papers of this Board.) Ayes: Nays: 8.C.3. Holland, Elswick, Jaeckle, Warren and Decker. None. DESIGNATION OF RIGHT OF WAY FOR WEST HUNDRED ROAD On motion of Mr. Decker, seconded by Mr. Warren, the Board designated right of way for West Hundred Road and authorized the County Administrator to execute the declaration. (It is noted a copy of the plat is filed with the papers of this Board . ) Ayes: Holland, Elswick, Jaeckle, Warren and Decker. Nays: None. 14-277 04/09/14 8.C.4. ACCEPTANCE OF PARCELS OF LAND ALONG JEFFERSON DAVIS HIGHWAY FROM CHESTER DENTAL PROPERTY, LLC On motion of Mr. Gecker, seconded by Mr. Warren, the Board accepted the conveyance of three parcels of land containing a total of 0.068 acres along Jefferson Davis Highway from Chester Dental Property, LLC, and authorized the County Administrator to execute the deed. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.5. REQUESTS FOR PERMISSION 8.C.5.a. FROM COLLINGTON PROPERTIES, INCORPORATED FOR AN ASPHALT PEDESTRIAN TRAIL TO ENCROACH WITHIN A SIXTEEN-FOOT DRAINAGE EASEMENT AND AN EIGHT-FOOT EASEMENT ACROSS LOTS 41, 49 AND 58, WITHIN PROPOSED COLLINGTON, SECTION 17 On motion of Mr. Gecker, seconded by Mr. Warren, the Board granted Collington Properties, Inc. permission for an asphalt pedestrian trail to encroach within a 16' drainage easement within an 8' easement across Lots 41, 49 and 58, within proposed Collington, Section 17, subject to the execution of a license agreement. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.5.b. FROM CLAUDE R. RAMEY, SR. TO CONSTRUCT A GRAVEL DRIVEWAY WITHIN A TWENTY-FIVE FOOT UNIMPROVED COUNTY RIGHT OF WAY TO ACCESS PROPERTY ON BUNDLE ROAD On motion of Mr. Geck granted Claude R. Rame• driveway within a 25 access property at execution of a license plat is filed with the er, seconded by Mr. Warren, the Board ~, Sr. permission to construct a gravel unimproved county right of way to 12706 Bundle Road, subject to the agreement . ( It is noted a copy of the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.C.6. REQUEST TO QUITCLAIM SIXTEEN-FOOT DRAINAGE EASEMENTS ACROSS THE PROPERTY OF GENITO TOWNES, LLC On motion of Mr. Gecker, seconded by Mr. Warren, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate 16' drainage easements across the property of Genito Townes, LLC. (It is noted a copy of the plat is filed with the papers of this Board.) Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-278 J J J 04/09/14 8.C.7. ALCOHOL COULD BE SERVED On motion of Mr. Gecker, seconded by Mr. Warren, the Board set April 23, 2014, as the date for a public hearing to consider an amendment to the County Code relating to adding county libraries to the list of county facilities where alcohol could be served. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 8.D. AUTHORIZATION FOR COUNTY ATTORNEY TO PETITION THE CIRCUIT COURT, ON BEHALF OF THE BOARD OF SUPERVISORS, SET DATE FOR PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE COUNTY CODE RELATING TO ADDING COUNTY LIBRARIES TO THE LIST OF COUNTY FACILITIES WHERE FOR A WRIT OF ELECTION TO FILL THE VACANCY IN THE OFFICE OF THE CHESTERFIELD COUNTY CIRCUIT COURT CLERK Mr. Mincks stated the decision on the date of special election is made by the Circuit Court, but the Board may suggest that the Court schedule the special election for a particular date. He noted the election cannot be held later than the November 4th General Election. Mr. Gecker made a motion to suggest that the Circuit Court schedule the special election for November 4th, 2014. In response to Mr. Warren's concern, Mr. Mincks stated the law states the Board must file its petition for the special election 15 days from the effective date of the resignation. Mr. Haake stated given restrictions with the Primary Election in June, the date outside of November would have to be in August. He further stated there would be no added cost to the General Election in November if the special election was run simultaneously. In response to Ms. Jaeckle's question, Mr. Haake stated the law prohibits a special election being added with the Primary Election in June. In response to Mr. Gecker's question, Mr. Haake stated the cost of a countywide special election would be at least $120,000. He noted effective July 1, a new law would automatically set the special election for November 4. Mr. Holland called for a vote on Mr. Gecker's motion, seconded by Mr. Warren, the Board authorized the County Attorney to petition the Circuit Court, on behalf of the Board of Supervisors, for a writ of election to fill the vacancy in the office of the Chesterfield County Circuit Court Clerk, with the suggestion that the Court schedule the special election for November 4, 2014. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-279 04/09/14 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. Gecker, seconded by Mr. Elswick, 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: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 10. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Linda Scott addressed the Board relative to pickleball, the fastest growing sport suitable for all ages, including seniors. Mr. Warren noted the YMCA offers a pickleball program to its members. Ms. Scott stressed the importance of the tennis court usage at Rockwood Park. She stated she has been to many Parks and Recreation Advisory Commission meetings and is eager to make pickleball a success in Chesterfield County. Ms. Jaeckle suggested analyzing the usage of tennis courts throughout the county. 11. DINNER On motion of Mr. Elswick, seconded by Mr. Warren, the Board recessed to dinner in Room 502. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Reconvening: 12. INVOCATION Mr. Allan Carmody, Director of Budget and Management, gave the invocation. 13. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Eagle Scout Jacob Honor led the Pledge of Allegiance. Mr. Warren recognized members of Troop 2868, sponsored by Clover Hill Baptist Church, who were in the audience working on their Citizenship in the Community badge. 14-280 J J 04/09/14 14. RESOLUTIONS ~. 14.A. RECOGNIZING BOY SCOUTS UPON ATTAINING THE RANK OF EAGLE SCOUT Mr. Dupler introduced Mr. Jacob Christopher Honor, Mr. Franklin Tyler Davidson, Mr. John Painter Mathews and Mr. Zachary Ryan Bach, who were present to receive the resolution. On motion of Mr. Warren, seconded by Mr. Elswick, the Board adopted the following resolution: WHEREAS, the Boy Scouts of America was incorporated by Mr. William D. Boyce on February 8, 1910, and was chartered by Congress in 1916; and WHEREAS, the Boy Scouts of America was founded to build character, provide citizenship training and promote physical fitness; and WHEREAS, after earning at least 21 merit badges in a wide variety of skills including leadership, service and outdoor life, serving in a leadership position in a troop, carrying out a service project beneficial to their community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law, Mr. Jacob Christopher Honor, Troop 2868, sponsored by Clover Hill Baptist Church; Mr. Franklin Tyler Davidson, Troop 184, sponsored by Wesley United Methodist Church; Mr. John Painter Mathews, Troop 800, sponsored by Bethel Baptist Church; and Mr. Zachary Ryan Bach, Troop 1867, sponsored by the Church of Jesus Christ of Latter Day Saints, have accomplished those high standards of commitment and have reached the long-sought goal of Eagle Scout, which is received by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through their experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare themselves for a role as leaders in society, Jacob, Franklin, John and Zachary have distinguished themselves as members of a new generation of prepared young citizens of whom we can all be very proud. have suc NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 9th day of April 2014, publicly recognizes Mr. Jacob Christopher Honor, Mr. Franklin Tyler Davidson, Mr. John Painter Mathews and Mr. Zachary Ryan Bach, extends congratulations on their attainment of Eagle Scout, and acknowledges the good fortune of the county to h outstanding young men as its citizens. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Mr. Elswick, Mr. Gecker, Mr. Warren and Rear Admiral Patrick Driscoll presented the executed resolutions and patches Mr. Jacob Christopher Honor, Mr. Franklin Tyler Davidson and Mr. Zachary Ryan Bach, accompanied by their families, congratulated them on their outstanding achievements, and wished them well in future endeavors. 14-281 04/09/14 Each Eagle Scout provided details of their Eagle Scout project and expressed appreciation to their families and others for their support. (It is noted that Mr. Mathews was unable to attend the meeting, but will attend a future meeting.) 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Yuri Providence expressed concerns relative to lack of health training and inexperience of school personnel on site needed to provide crucial care for diabetic children. Ms. Shannon Davis expressed concerns relative to lack of health training and inexperience of school personnel on site needed to provide crucial care for diabetic children. In response to Mr. Holland's question, Ms. Yuri stated many parents have appeared before the School Board and voiced their concerns. Mr. Greg Waehner expressed concerns relative to lack of health training and inexperience of school personnel on site needed to provide crucial care for diabetic children. Mr. Daren Gardner commended the Board's leadership and efforts relative to county matters. Ms. Griselda Sandoval, Mr. Daniel Beford and Mr. Andre Marville expressed concerns relative to lack of utilization and usage of county facilities for youth sports. Mr. Holland stated the Parks and Recreation Advisory Commission will be addressing issues relative to Mr. Marville's concerns. 16. PUBLIC HEARINGS 16.A. TO CONSIDER AN ORDINANCE TO VACATE A PORTION OF A TWENTY-FOOT ALLEY WITHIN BLOCK 5, MAP OF BON AIR Mr. Harmon stated this date and time has been advertised for a public hearing for the Board to consider an ordinance to vacate a portion of a twenty-foot alley within Block 5, Map of Bon Air. Mr. Holland called for public comment. There being no .one to address the issue, the public hearing was closed. On motion of Mr. Gecker, seconded by Mr. Elswick, the Board adopted the following ordinance: AN ORDINANCE whereby the COUNTY OF CHESTERFIELD, VIRGINIA, ("GRANTOR") vacates to JOSEPH S. BEAR and ELIZABETH S. BEAR, ("GRANTEE"), a portion of a 20' alley within, Block 5, Map of Bon Air, MIDLOTHIAN Magisterial District, 14-282 J J J 04/09/14 Chesterfield County, Virginia, as shown on a plat thereof duly recorded in the Clerk's Office, Circuit Court, Chesterfield County, Virginia in Plat Book 1, Page 115 and Plat Book 3, Page 51. WHEREAS, JOSEPH S. BEAR and ELIZABETH S. BEAR, petitioned the Board of Supervisors of Chesterfield County, Virginia to vacate a portion of a 20' alley within, Block 5, Map of Bon Air, MIDLOTHIAN Magisterial District, Chesterfield County, Virginia more particularly shown on a plat of record in the Clerk's Office of the Circuit Court of said County in Plat Book 1, Page 115, dated 1880 and on a plat by BERKLEY and SCHMIDT, dated January 1912, recorded in Plat Book 3, Page 51. The portion alley petitioned to be vacated is more fully described as follows: A portion of a 20' alley, within, Block 5, Map of Bon Air, the location of which is more fully shown on a plat by POTTS, MINTER and ASSOCIATES, P.C. dated JANUARY 17, 1999, a copy of which is attached hereto and made a part of this Ordinance. WHEREAS, notice has been given pursuant to Section 15.2- 2204 of the Code of Virginia, 1950, as amended, by advertising; and, WHEREAS, no public necessity exists for the continuance of the portion of alley sought to be vacated. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: That pursuant to Section 15.2-2272 of the Code of Virginia, 1950, as amended, the aforesaid portion of alley be and is hereby vacated. This Ordinance shall be in full force and effect in accordance with Section 15.2-2272 of the Code of Virginia, 1950, as amended, and a certified copy of this Ordinance, together with the plat attached hereto shall be recorded no sooner than thirty days hereafter in the Clerk's Office, Circuit Court, Chesterfield County, Virginia pursuant to Section 15.2-2276 of the Code of Virginia, 1950, as amended. The effect of this Ordinance pursuant to Section 15.2- 2274 is to destroy the force and effect of the recording of the portion of the plat vacated. This Ordinance shall vest fee simple title to the portion of alley hereby vacated in the adjacent property owners within, Block 5, within Map of Bon Air free and clear of any rights of public use. Accordingly, this Ordinance shall be indexed in the names of the COUNTY OF CHESTERFIELD as GRANTOR, and JOSEPH S. BEAR and ELIZABETH S. BEAR, or their successors in title, as GRANTEE. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. 14-283 04/09/14 17. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS There were no requests to address the Board at this time. 18. ADJOURNMENT On motion of Mr. Warren, seconded by Mr. Elswick, the Board adjourned at 7:19 p.m. until April 23, 2014, at 3:00 p.m. Ayes: Holland, Elswick, Jaeckle, Warren and Gecker. Nays: None. Mr. Holland noted there are certain instances when the Chairman will allow speakers to extend their allotted speaking time period in order for the Board to receive ample information relative to the issue. ame J. tegm ier Coun Administrator 14-284 J J J 04/09/14