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10-08-2003 PacketCHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 8, 2003 Item Number: 2.A. Subject: County Administrator' s Comments County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Rear Admiral Michael Lyden, Commander, Defense Supply Center Richmond will be present at the Board meeting to introduce himself to the Board of Supervisors. He assumed command of DSCR in July 2003, after having served as Executive Officer at the Defense Logistics Agency at Fort Belvoir, Virginia. Preparer: Lisa H. Elko Title:Clerk to the Board Attachments: --] Yes No 000001 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 8, 2003 Item Number: 2.B. Subiect: County Administrator's Comments County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: A presentation will be given by Dr. William Nelson, Director, Health Department and Mr. Chris Winstead, Resident Engineer, Virginia Department of Transportation on the West Nile Virus Activity and BMPs in Chesterfield County. Preparer: William R. Nelson, M.D., M.P.H. Title: Director, Health Department Attachments: [Yes No #000002 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 8, 2003 Item Number: 2.C. Subject: County Administrator' s Comments County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: A presentation will be given by Joan Salvati, Water Quality Administrator, on the outline of a report on MtBE. Preparer: Joan Salvati Title: Water Quality Administrator Attachments: Ycs CO00003 Report MtBE Occurrence in Chesterfield County and EPA Identified Health Risks Outline III. IV. V. VI. Background Discussion of MtBE Summary of EPA Drinking Water Advisory and Unregulated Contaminant Monitoring Rule (UCMR) Occurrence of MtBE in the Swift Creek and Lake Chesdin Reservoirs EPA Risk Assessment Status of MtBE Regulation and Congressional "Phase-Out" Summary 000004 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~ Date: October 8, 2003 Item Number: 5.A. Subiect: Recognizing October 2003, as "Crime Prevention Month" in Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: Representatives from the Chesterfield County Police Department will be present at the meeting to accept the resolution. Prepa~r: Carl R. Baker Title: Chief of Police Attachments: No 000005 RECOGNIZING OCTOBER 2003, AS "CRIME PREVENTION MONTH" WHEREAS, the vitality of our county depends on how safe we keep our homes, neighborhoods, schools, workplaces, and communities; and WHEREAS, crime and fear of crime destroy our trust in others and in civic institutions, threatening the community's health, prosperity, and quality of life; and WHEREAS, people of all ages must be made aware of what they can do to prevent themselves and their families, neighbors, and co-workers from being harmed by crime; and WHEREAS, the personal injury, financial loss, and community deterioration resulting from crime are intolerable and require investment from the whole community; and WHEREAS, crime prevention initiatives must include self-protection and security, but they must go beyond these to promote collaborative efforts to make neighborhoods safer for all ages and to develop positive opportunities for younger people; and WHEREAS, adults must invest time, resources, and policy support in effective prevention and intervention strategies for youth, and teens must be engaged in driving crime from their communities; and WHEREAS, effective crime prevention programs excel because of partnerships among law enforcement, other government agencies, civic groups, schools, faith communities, businesses, and individuals as they help to nurture communal responsibility and instill pride. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes October 2003, as "Crime Prevention Month" in Chesterfield County and urges all citizens, government agencies, public and private institutions, and businesses to invest in the power of prevention and work together to make Chesterfield County a safer, stronger, more caring community. 000006 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: October 8, 2003 Item Number: 5.B. Subject: Resolution Recognizing October 5 - 11, 2003, as "Fire Prevention Week" County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolution. Summary of Information: Lieutenant Lonnie Lewis will be in attendance to receive the resolution recognizing October 5 - 11, 2003, as "Fire Prevention Week." Preparer: R. Michael Hatton Title: Acting Fire Chief Attachments: ¥CS -]No 000007 RECOGNIZING OCTOBER 5-11, 2003, AS "FIRE PREVENTION WEEK" WHEREAS, cooking, heating and electrical fires represent three of the nation's leading causes of home fires, and are collectively responsible for nearly half of all home fires and almost one-third of the associated fire deaths; and WHEREAS, the vast majority of home cooking, heating and electrical fires can be prevented by taking simple safety precautions; and WHEREAS, developing a home fire escape plan and practicing it at least twice a year is critical to escaping a fire safely; and WHEREAS, proper installation, testing and maintenance of smoke alarms are part of a thorough home fire escape plan; and WHEREAS, the Fire Prevention Week 2003 theme, "When Fire Strikes: Get Out! Stay Out!" teaches two simple but life-saving lessons: Install smoke alarms and test them regularly and develop and practice home fire drills; and WHEREAS, Chesterfield County Department of Fire and Emergency Medical Services is dedicated to life safety, property preservation and preventing the devastating effects of fire; and WHEREAS, the members of the fire service are joined by other concerned citizens of this county, as well as, other emergency service providers and safety advocates, businesses, schools and service organizations. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes the week of October 5-11, 2003, as "Fire Prevention Week," and that this week commemorates the Great Chicago Fire of 1871, which killed more than 250 persons, left 100,000 homeless, and destroyed more than 17,400 buildings. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors calls upon the people of Chesterfield County to participate in the fire prevention activities at home, work and school, and to take the steps needed to make their homes and families safe from the leading causes of home fires, which include cooking, heating and electrical. 00000$ CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 8, 2003 Item Number: 5.C. Subiect: Recognizing Mr. Roger Herlean for Exemplary Volunteer Service County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to adopt the attached resolution. Summary of Information: Mr. Roger Herlean, a resident of Stonehenge subdivision, has been a tireless volunteer and Board Member of Senior Connections (our agency on aging). This resolution has been prepared in recognition of his on-going service to our seniors. Preparer: Bradford S. Hammer Title: Deputy County Administrator Attachments: Ycs --]No 000009 RECOGNIZING MR. ROGER HERLEAN FOR EXEMPLARY VOLUNTEER SERVICE WHEREAS, Mr. Roger Herlean has spent a distinguished career in industrial relations where he used his expertise and caring to counsel Labor Union representatives and employees about company benefits; and WHEREAS, upon his retirement, Mr. Herlean dedicated himself to serving seniors and caregivers in Chesterfield County and neighboring localities as a volunteer with Senior Connections, The Capital Area Agency on Aging (SC/CAAA); and WHEREAS, Mr. Herlean has provided leadership and volunteer service to the Virginia Insurance Counseling and Assistance Program (VICAP) since April 1993; and WHEREAS, Mr. Herlean has contributed more than 3,000 hours to VICAP to help thousands of seniors and caregivers navigate health insurance, Medicare, Medicaid, and related programs; and WHEREAS, VICAP and SC/CAAA are partners with Chesterfield County and neighboring localities in providing home and community services to improve the quality of health care for older adults; and WHEREAS, Mr. Herlean's contributions and expertise have benefited other volunteers and staff of VICAP and earned him appointments to the VICAP Advisory Council and the National Medicare Beneficiary Advisory Council; and WHEREAS, Mr. Herlean has improved the quality of life for thousands of citizens by helping them dispute errors in medical bills, resolve insurance claims, obtain assistance for the purchase of prescription medications, and make informed decisions about health insurance coverage; and WHEREAS, Mr. Herlean was the first volunteer representative appointed to the SC/CAAA Board of Directors in July 1998 and in recognition of his outstanding leadership was reappointed in July 2000 and July 2003; and WHEREAS, Chesterfield County wishes to publicly commend and recognize Mr. Herlean's ten years of volunteer service to SC/CAAA. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 8th day of October 2003, publicly recognizes Mr. Roger Herlean, acknowledges and expresses gratitude and admiration for his exemplary and extraordinary volunteer service, and wishes him well in his future work in support of older adults and caregivers. AND, BE IT FURTHER RESOLVED, that this resolution be called to the attention of the county's citizens, officials of the county, leaders of VICAP and the Board of Directors of Senior Connections, The Capital Area Agency on Aging and all other interested persons, and that a copy of this resolution be presented to Mr. Herlean and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. 0000 .0 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 8, 2003 Item Number: 5.D. Subject: Resolution Recognizing the Month of October as "Disability Awareness Month" in Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: The Board adopt this resolution. Summary of Information: First recognition of Disability Awareness Month was made on August 11, 1945 by a joint resolution of the United States Congress. Further support came through the signing of the Americans with Disabilities Act of 1990 (ADA). For recognition of Chesterfield County residents with a physical and/or sensory disability with reference to their contributions to this community. For commitment to increase awareness of Chesterfield County residents through activities, education, programs, employment, county services, public accommodations and other areas for people with physicai and sensory disabilities Preparer: N.qozi Ukeie Attachments: Ycs -]No Title: Human Services Specialist 0000~.:1. RECOGNIZING THE MONTH OF OCTOBER AS ~DISABILITY AWARENESS MONTH" IN CHESTERFIELD COUNTY WHEREAS, the first recognition of Disability Awareness Month was made on August 11, 1945 by a joint resolution of the United States Congress as the "National Employment of the Physically Handicapped Week~; and WHEREAS, Disability Awareness Month was further supported through the signing of the "Americans with Disabilities Act of 1990" (ADA) by President George H. W. Bush for the purpose of prohibiting discrimination against persons with disabilities in education, employment, and government services, and at places of public accommodation, commercial facilities, and in many other areas of society; and WHEREAS, Disability Awareness Month highlights that people with disabilities residing in Chesterfield County are valued and vital members of the community; and WHEREAS, Disability Awareness Month acknowledges and salutes the skills, talents, creativity, and abilities that people with disabilities contribute to Chesterfield County; and WHEREAS, Disability Awareness Month increases public knowledge of the barriers, social or physical, that still exist and prevent full participation in community living of Americans with disabilities and that the foundations established by the ADA are continued with commitment and passion. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 8tn day of October 2003, publicly recognizes the month of October as ~Disability Awareness Month" in Chesterfield County and urges all citizens to support the activities of the Chesterfield County Disability Services Board through advocacy for people with physical and sensory disabilities. 0000:1.2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of Meetin~l Date: October 8, 2003 Item Number: 8.A.1. Subiect: Update Regarding Hurricane Isabel's Response and Recovery Efforts County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: An update will be provided to the Board of Supervisors regarding Hurricane Isabel's Impact on Chesterfield County and Response and Recovery efforts. Preparer: Lane B. Ramsey Title: County Administrator Attachments: [-~ Yes No O000:L31 · · · · · ~8 0 0 · · · · · · CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: October 8, 2003 Item Number: 8.A.2. Subiect: Designation of the Applicant's Primary and Secondary Agents for Public Assistance (FEMA) County Administrator's Comments: County Administrator: Board Action Requested: The Chesterfield County Board of Supervisors, on behalf of its members, designates Mr. Lane B. Ramsey, County Administrator, as the applicant's primary agent and Mr. Richard Cordle, Treasurer, as the applicant's secondaz agent for Chesterfield County. Summary of Information: As a result of Hurricane Isabel, which occurred in Virginia on September 18, 2003, President Bush has issued a major disaster declaration for the State of Virginia, to include Chesterfield County, and implemented the Public Assistance Program. Chesterfield County will apply for reimbursement for federal disaster assistance for emergency public assistance. In order to receive the federal disaster assistance, the State of Virginia will request Chesterfield County to designate an applicant's agent. The applicant's agent for Chesterfield County will be authorized to execute for and in behalf of Chesterfield County the application for federal disaster assistance and to file the application according to the resolutions, policies, guidelines, and requirements outlined under the Robert T. Stafford Disaster Relief & Emergency Assistance Act, (Public Law 93-288 as amended). The applicant's agent will be authorized to accept and appropriate for and in behalf of Chesterfield County the funds for emergency supplies, repairs and work performed related to the September 2003 Hurricane. Preparer: Karen Russell Attachments: Yes ~] No Title: Director, Risk Mana,qement ] oooa.4 DESIGNATION OF APPLICANT'S PRIMARY AND SECONDARY AGENTS PUBLIC ASSISTANCE State Emergency Management WHEREAS, as a result of Hurricane Isabel, which occurred in Virginia on September 18, 2003, President Bush has issued a major disaster declaration for the State of Virginia, to include Chesterfield County, and implemented the Public Assistance Program; and WHEREAS, Chesterfield County will apply for reimbursement for federal disaster assistance for emergency public assistance; and WHEREAS, in order to receive the federal disaster assistance, the State of Virginia has requested Chesterfield County to designate an applicant's agent; and WHEREAS, the applicant's agent for Chesterfield County will be authorized to execute for and in behalf of Chesterfield County the application for federal disaster assistance and to file the application according to the resolutions, policies, guidelines, and requirements outlined under the Robert T. Stafford Disaster Relief & Emergency Assistance Act, (Public Law 93-288 as amended); and WHEREAS, the applicant's agent will be authorized to accept and appropriate for and in behalf of Chesterfield County the funds for emergency supplies, repairs and work performed related to the September 2003 Hurricane. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, on behalf of its members, designates Mr. Lane B. Ramsey, County Administrator, as the applicant's primary agent and Mr. Richard Cordle, Treasurer, as the applicant's secondary agent for Chesterfield County. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Vote: 000015 DESIGNATION OF APPLICANT'S AGENT PUBLIC ASSISTANCE State Emer~lenc¥ Mana~lement Organization Name (hereafter named Organization) Chesterfield Count)/and Public Schools Agent's Name Lane B. Ramsey Primary Agent Secondary Agent Agent's Name Richard A. Cordle Organization Organization Chesterfield County Chesterfield County Official Position Official Position County Administrator Treasurer Mailing Address Mailing Address P.O. Box 10 P.O. Box 10 City ,State, Zip City ,State, Zip Chesterfield, Virginia 23832 Chesterfield, Virginia 23832 Daytime Telephone Daytime Telephone 804-748-1211 804-748-1670 Facsimile Number Facsimile Number 804-748-2440 804-751-4993 Pager or Cellular Number Pager or Cellular Number The above Primary and Secondary Agents are hereby authorized to execute and file Application for Public Assistance on behalf of the Organization for the purpose of obtaining certain state and federal financial assistance under the Robert T. Stafford Disaster Relief & Emergency Assistance Act, (Public Law 93-288 as amended) or otherwise available. This agent is authorized to represent and act for the Organization in all dealings with the State of for all matters pertaining to such disaster assistance required by the agreements and assurances printed on the reverse side hereof. Chief Financial Officer Name Richard A. Cordle Official's Name Lisa Elko Certifying Official Organization Organization Chesterfield County Chesterfield County Official Position Official Position Treasurer Clerk to the Board of Supervisors Mailing Address Mailing Address P.O. Box 10 P.O. Box 10 City ,State, Zip City ,State, Zip Chesterfield, Virginia 23832 Daytime Telephone 804-748-1670 Chesterfield, Virginia 23832 Daytime Telephone 804-748-1200 Facsimile Number Facsimile Number 804-751-4993 804-717-6297 Pager or Cellular Number Pager or Cellular Number Applicant's State Cognizant Agency for Single Audit purposes (If a Cognizant Agency is not assigned, please indicate): Applicant's Fiscal Year (FY) Start 2003 Month: 0 Day: 1 Applicant's Federal Employer's Identification Number 54 - 6001208 Applicant's State Payee Identification Number Certifying Official's Signature PLN_98-2.DOC Attachment 2 to Sample Components of a Post-Declaration State Administrative Plan for Public Assistance 11/20/98 Pa e, 000016 APPLICANT ASSURANCES The applicant hereby assures and certifies that he will comply with the FEMA regulations, policies, guidelines and requirements including OMB's Circulars No. A-95 and A-102, and 44 Code of Federal Regulations, Part 13, as they relate to the application, acceptance and use of Federal funds for this Federally-assisted project. Also, the Applicant gives assurance and certifies with respect to and as a condition for the grant that: 1. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with the provisions of: Executive Order 11988, relating to Floodplain Management and Executive Order 11990, relating to Protection of Wetlands. 3. It will have sufficient funds available to meet the non-Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed. 4. It will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the grant program(s) have been met. 5. It will provide and maintain competent and adequate amhitectural engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the Federal grantor agency may need. 6. It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the applicable Federal, State and local agencies for the maintenance and operation of such facilities. 7. It will give the grantor agency and the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 8. It will require the facility to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped," Number A117.1-1961, as modified (41 CFR 101- 17-7031). The applicant wilt be responsible for conducting inspections to insure compliance with these specifications by the contractor. 9. it will cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be prosecuted to completion with reasonable diligence. 10. It will not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Govemment holds bonds, whichever is the longer. 11. It agrees to comply with Section 311, P.L. 93-288 and with Title VI of the Civil Rights Act of 1964 (P.L. 63-352) and in accordance with Title VI of the Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be othenNise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved with the aid of Federal financial assistance extended to the Applicant, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. 12. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 13. It will comply with the requirements of Title II and Title Ill of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91- 646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally assisted programs. 14. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law, program requirements, and other administrative requirements approved in accordance with OMB Circular A-102, P.L. 93-288 as amended, and applicable Federal Regulations. 15. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 16. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. 17. (To the best of his knowledge and belief) the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Application for which Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 Code of Federal Regulations, Part 206, and applicable FEMA Handbooks. 18. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not or will not duplicate benefits received for the same loss from another source. 19. It will (1) provide without cost to the United States all lands, easements and rights-of-way necessary for accomplishments of the approved work; (2) hold and save the United States free from damages due to the approved work or Federal funding. 20. This assurance is given in consideration of and for the purpose of obtaining any and ali Federal grants, loans, reimbursements, advances, contracts, property, discounts of other Federal financial assistance extended after the date hereof to the Applicant by FEMA, that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this assurance and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the applicant, its successors, transferees, and assignees, and the person or persons whose signatures appear on the reverse as authorized to sign this assurance on behalf of the applicant. 21. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1973. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Director, Federal Emergency Management Agency as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 22. it will comply with the insurance requirements of Section 314, PL 93-288, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired, or constructed with this assistance. 23. It will defer funding of any projects involving flexible funding until FEMA makes a favorable environmental clearance, if this is required. 24. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966, as amended, (16 U.S.C. 470), Executive Order 11593, and the Archeolegical and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic places that ara subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 25. It will, for any repairs or construction financed herewith, comply with applicable standards of safety, decency and sanitation and in conformity with applicable codes, specifications and standards; and, will evaluate the natural hazards in areas in which the proceeds of the grant or loan are to he used and take appropriate action to mitigate such hazards, including safe land use and construction practices. STATE ASSURANCES The State agrees to take any necessary action within State capabilities to require compliance with these assurances and agreements by the applicant or to assume responsibility to the Federal government for any deficiencies not resolved to the satisfaction of the Regional Director. PLN_98-2.DOC Attachment 2 to Sample Components of a Post-Declaration State Administrative Plan for Public Assistance Page 2 11/20/98 0000 1.'7 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: October 8, 2003 Item Number: 8.A.3. Subiect: Extension of Hurricane Isabel Debris Recovery and Cleanup Period County Administrator's Comments: County Administrator: Board Action Requested: Request the Board of Supervisors extend the period of time allotted for free disposal of Hurricane Isabel related residential debris at county transfer stations as well as the contract assisted removal of debris from public property to October 26, 2003. Summary of Information: Members of the Board of Supervisors have requested staff to develop alternatives for extending the debris collection period. Hurricane Isabel is one of the worst disaster events the county has witnessed. The amount of damage is of such magnitude that it is taking extraordinary effort and time to assist our citizens. While it is difficult to put a timeline on when the recovery period will end, it is increasingly evident that the time period must be extended. October 26, 2003 has been selected as the date to ask citizens to have their debris by the curb for removal. This date has been set because the county intends to make an additional pass through neighborhoods after that date and wants to ensure that as much debris is available as possible. Putting an end date to this even will encourage citizens to more efficiently remove their debris and help the county assess what follow up actions and assistance will be necessary. Preparer: Francis M. Pitaro Title: Director of General Services Attachments: [-~ Yes NO ~)000~.8 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Staff will also develop options for those citizens who have extenuating circumstances that could prevent them from meeting the October 26, 2003 deadline. 0823: 63084.1 0000~9 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: October 8, 2003 Item Number: 8.A.4. Subject: Suspension of Building Permit Fees and Open Burning Permit Fees Until December 31, 2003 for Permits Directly Related to Damage from Hurricane Isabel County Administrator's Comments: J'~ZC_~ZJ /~/~~ County Administrator: Board Action Requested: Suspend building permit fees and open burning permit fees until December 31, 2003 for any permits, which are issued due to damage caused by Hurricane Isabel. Summary of Information: As a result of Hurricane Isabel and the Governor's declaration that a state of emergency exists in the Commonwealth under the Commonwealth of Virginia Emergency Services and Disaster Law of 2000 ("Disaster Law"), the Board of Supervisors is authorized by the Disaster Law to take certain action to provide emergency assistance to the victims of the hurricane. The County Administrator has already temporarily suspended building permit fees pending Board action for citizens repairing homes damaged by Hurricane Isabel. As a direct result of the hurricane, many County citizens will need to obtain building permits to repair damaged structures and open burning permits to dispose of trees, limbs, brush and other debris. Board members have requested that the County suspend any fees provided by the County Code for Preparer: Steven L. Micas Attachments: -~ Yes Title: County Attorney 0425:63059.1 No #O000ZO CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 the issuance of these permits if the permits are related to damage caused by the hurricane. The Board is authorized by law to suspend the issuance fees for these permits in order to assist hurricane victims provided that: 1) suspension of fees has a definite duration, and (2) suspension is directly related to hurricane damage (e.g. wind, water, fire, tree damage or other damage caused by the hurricane) Staff proposes that the period for the suspension of these permit fees extend until December 31, 2003. 00002~. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 8, 2003 Item Number: 8,B.1. Subiect: Nominations/Appointments to the Youth Services Citizen Board County Administrator's Comments: County Administrator: Board Action Requested: Nominate/appoint members to serve on the Youth Services Citizen Board. Summary of Information: The purpose of the Youth Services Citizen Board (YSCB) is to advise the Board of Supervisors regarding planning and policies affecting youth development and to provide a community forum to focus on youth issues. Hato&ca District. Supervisor Humphrey recommends that the Board nominate and appoint Candace Rl~einh&rt, a junior at Manchester High School, to the Youth Services Citizen Board for a term from July 1, 2003 through June 30, 2006. Ms. Rheinhart meets all eligibility requirements to fill the vacancy and has indicated her willingness to serve. Preparer: Jana D. Carter Title: Director, Youth Services Attachments: ]Yes No 000022 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: October 8, 2003 Item Number: 8.~,2. Subiect: Nomination/Appointment to the Health Center Commission County Administrator's Comments: County Administrator: Board Action Requested: Nomination/Appointment of David R. Beam (Bermuda District) to the Health Center Commission. Summary of Information: The Health Center Commission (the HCC) governs operation of the Lucy Corr Nursing Home. It is the chief operating and governing board for Lucy Corr Village. Deputy County Administrator Bradford S. Hammer serves as an ex- officio member-advisor to the HCC. David R. Beam is proposed to serve as the Bermuda district representative based on Mr. McHale's approval for a term ending June 30, 2007. A summary of the above change follows: Name: From: To: David R. Beam (New) Bermuda Preparer: Bradford S. Hammer Title: Deputy County Administrator Attachments: Ycs -]No #0000~3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Under the existing Rules of Procedure, appointments to boards and committees are nominated at one meeting and appointed at the subsequent meeting unless the Rules of Procedure are suspended by a unanimous vote of the Board members present. Nominees are voted on in the order in which they are nominated. 000024 david r. beam, d.d.s. 10810 kriserin circle chester, va 23831 804-796-1810 EDUCATION GENERAL PRACTICE RESIDENCY - Sinai Medical Center, Baltimore, MD - Chief Resident 1984 MCV-VCU SCHOOL OF DENTISTRY - Graduated 1984 with Doctorate of Dental Surgery METPATH SCHOOL FOR MEDICAL TECHNOLOGY Hackensack, NJ - Graduated 1978 FARLIEGH DICKENSON UNIVERSITY - Rutherford Campus, NJ - Graduated 1977 Bachelor of Science WORK PRIVATE GENERAL FAMILY DENTAL PRACTICE - 1986-present ASSISTANT FACULTY - MCV-VCU Department of Dentistry 1986-1998 CLUBS SOUTH RICHMOND ROTARY CLUB - 2001-present DALE RURITAN CLUB - 1992-2001 AFFILIATIONS AMERICAN ACADEMY OF DENTISTRY VIRGINIA ACADEMY OF DENTISTRY RICHMOND DENTAL SOCIETY ACADEMY OF GENERAL DENTISTRY MEMBER JAMES RIVER STUDY CLUB HOBBIES Tennis, Snow Skiing, Remote Control Model Airplanes, Whitewater Rafting, Motorcycling 000025 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 8, 2003 Item Number: 8. C. 1.a. Subiect: Resolution Recognizing William Seymour, III for His Service to the Industrial Development Authority of Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: Request the Board of Supervisors pass the attached resolution recognizing Mr. William Seymour, III for his service to the Industrial Development Authority of Chesterfield County. Summary of Information: Mr. William Seymour, III, from the Midlothian District, served on the Industrial Development Authority from approximately 1970 to June 2003. It is requested that the Board pass the attached resolution recognizing Mr. Seymour for his service to the Industrial Development Authority of Chesterfield County. Preparer: James G. Dunn Title: Director, Economic Development Attachments: Yes ~-~ No O00026 RECOGNIZING MR. WILLIAM SEYMOUR, III FOR HIS SERVICE TO THE INDUSTRIAL DEVELOPMENT AUTHORITY OF CHESTERFIELD COUNTY WHEREAS, Mr. William Seymour, III has served with distinction as a member of the Industrial Development Authority from approximately 1970 to June 2003; and WHEREAS, in his role with the Industrial Development Authority, Mr. Seymour assisted the county in attracting new companies to locate here and also facilitating with the expansions of existing industries, including Pohlig Brothers, B&B Printing, Blueprint Automation, Commonwealth Biotechnologies, Incorporated and Super Radiator Coils, creating millions of dollars in new investment and thousands of new jobs for the residents of Chesterfield County; and WHEREAS, Mr. Seymour has assisted in the development of industrial parks that have been valuable tools for Economic Development, and both the Meadowville Technology Park and the Chesterfield Industrial Airpark have become great assets to the county; and WHEREAS, Mr. Seymour has also assisted in a variety of affordable housing projects for the county, including Winchester Green and the student housing project for Virginia State University; and WHEREAS, Mr. Seymour has faithfully and diligently performed the duties assigned to him as a member of the authority and has consistently demonstrated leadership, sensitivity, and commitment to the issues before the Industrial Development Authority during his impressive 32-plus year tenure. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 8th day of October 2003, recognizes Mr. William Seymour, III, and expresses appreciation for his valuable time and commitment to Chesterfield County while serving on the Industrial Development Authority of the County of Chesterfield, Virginia. 000027 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 8, 2003 Item Number: 8. C.1.b. Subiect: Recognizing October 8, 2003, as "SAVE Day" in Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: Adopt the attached resolution. Summary of Information: The Richmond Academy of Medicine Alliance, Incorporated has requested that the Board adopt the attached resolution. Preparer: Lisa H. Elko Attachments: ¥CS Title:Clerk to the Board No O000Z8 RECOGNIZING OCTOBER 8, 2003, AS ~SAVE DAY" IN CHESTERFIELD COUNTY WHEREAS, violence is among the leading causes of death in America, and has replaced disease as the number one killer of children; and WHEREAS, domestic violence has devastating effects on a woman's physical and emotional well-being, and her ability to care for her children; and WHEREAS, violence comes in many forms: sexual violence; gang and peer-related violence committed by youth of all ages; family violence; street violence; and violence in the media; and WHEREAS, billions of dollars per year are attributable to preventable violence-related deaths and injuries and add a tremendous burden to America's health care system; and WHEREAS, the first step toward unraveling the many layers of our nation's violence problems can begin with awareness; and WHEREAS, awareness and prevention are the heart of the SAVE Program and of its cornerstone event, SAVE Today for Tomorrow, during which physicians' spouses across the country will join efforts to Stop America's Violence Everywhere (SAVE); and WHEREAS, members of the Richmond Academy of Medicine Alliance, Incorporated will lead the effort to urge local citizens to search for ways we can all help SAVE (Stop America's Violence Everywhere); NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 8tn day of October 2003, recognizes October 8, 2003, as "SAVE Day" in Chesterfield County. 000029 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~ Date: Subject: October 8, 2003 Item Number: 8.~1.c. Resolution Recognizing District Chief Jack K. Eggleston Upon His Retirement, After Serving the County for 27+ Years with Dedicated Service to the County County Administrator's Comments: County Administrator: Board Action Requested: Adoption of resolution Summary of Information: The Board of Supervisors is requested to recognize the leadership, devotion, and dedicated service of Jack K. Eggleston to the citizens of Chesterfield County. Preparer: Paul W. MauRer Title: Deputy Fire Chief Attachments: Ycs No RECOGNIZING MR. JACK K. EGGLESTON FOR TWENTY-SEVEN YEARS OF COMMUNITY SERVICE WHEREAS, Mr. Jack K. Eggleston recognized a need for fire protection in the rural section of southern Chesterfield County and joined a small group of community members who shared that vision; and WHEREAS, that group met every Monday evening at Archer's Garage and later Gill Grove Baptist Church to formulate a plan of addressing the need which led to the acquisition of donated land on River Road; and WHEREAS, Mr. Eggleston and this group invested numerous weekends and weeknights constructing what would become the Phillips Volunteer Fire Station, which opened for service in May 1976; and WHEREAS, Mr. Eggleston was appointed Captain and continued serving his community while furthering his fire fighting education, which included Firefighter III, EMT-Cardiac Technician, Hazardous Materials, Boat Safety, Instructor III, and Chief Officer; and WHEREAS, in 1977, Mr. Eggleston became the District Chief of Phillips Volunteer Fire Department, where he continued to serve the community with emergency responses as well as by carrying water to horses or just inviting community members without electricity to the station to get warm and have dinner; and WHEREAS, Chief Eggleston inspired many young adults over the years to pursue careers in the fire service field, including his son and son- in-law, who continue his legacy in the community because of their service; and WHEREAS, Chief Eggleston retired as District Chief with Chesterfield Fire and Emergency Medical Services in July 2003, yet continues to serve the community as Phillips Volunteer Fire Department's Administrative Assistant. NOW, THEREFORE IT BE RESOLVED, that the Chesterfield County Board of Supervisors recognizes Mr. Jack K. Eggleston, extends appreciation for his leadership, devotion, and dedicated service to the citizens of Chesterfield County, and congratulations upon his retirement. 000031 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 8, 2003 Item Number: 8.C.l.d. Subiect: Resolution Approving Changes in Secondary System of State Highways; Coalfield Road County Administrator's Comments: ~ County Administrator: ~'~ Board Action Requested: Staff requests that the Board of Supervisors adopt the attached resolution for changes in the Secondary System of State Highways. Summary of Information: Staff has received the attached sketch from the Virginia Department of Transportation showing changes in the Secondary System of State Highways as a result of the construction of Route 288. Approval is recommended. District: Midlothian Preparer: John W. Harmon Title: Ri.qht of Way Mana.qer Attachments: Ycs --]NO 0000.3;2 VICINITY SKETCH CHANGES IN SECONDARY SYSTEM OF STATE HIGHWAYS; COALFIELD ROAD b Chesterfield County Department of Utilities Right Of Way Office 00003~ 000084 CHESTERFIELD COUNTY: At a regular meeting of the Board of Supervisors, held in the Public Meeting Room at the Chesterfield Administration Building on October 8, 2003, at 4:00 p.m. RESOLUTION WHEREAS, the Virginia Department of Transportation has provided the Board of Supervisors with a sketch dated April 16, 2002, depicting an abandonment required in the secondary system of state highways as a result of Project 0288-020-105, C504, B679, B680 and B681 which sketch is hereby incorporated herein by reference; and, WHEREAS, new roads serve the same citizens as the portion of old road identified to be abandoned and that segment no longer serves a public need. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors does hereby abandon as a part of the secondary system of state highways the portion of road identified by the sketch to be abandoned, pursuant to Section 33.1-155, Code o f Virginia, 1950, as amended; and, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation; and, BE IT FURTHER RESOLVED, that the Board of Supervisors does hereby request that the Commonwealth Transportation Commissioner certify, in writing, that the portion of road hereby abandoned is no longer deemed necessary for uses of the secondary system of state highways pursuant to Section 33.1-154 of the Code of Virginia, 1950, as amended. Certified By: Lisa Elko Clerk to the Board of Supervisors CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: October 8, 2003 Item Number: 8.C.2.a. Subject: Acceptance and Appropriation of a Department of Conservation and Recreation Grant in the Amount of $60,000 for Improvements to the Eppington Plantation County Administrator's Comments: County Administrator: Board Action Requested: Acceptance and appropriation of a Department of Conservation and Recreation Grant in the amount of $60,000 for the Eppington Plantation Historical Park. Summary of Information: Chesterfield County Parks and Recreation staff, with the assistance of the Eppington Foundation, successfully applied for a Virginia Outdoors Fund/Land and Water Conservation Fund Grant of $60,000 to improve access at the Eppington Plantation. Construction will include entrance road improvements, a parking lot and pedestrian walkways. Total project costs are $120,000. Funds to match the State grant will come from in-kind labor and County CIP Matching Funds budgeted for Eppington. Preparer: Michael S. Golden Title: Director, Parks and Recreation Attachments: --~ Yes No 000035 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: October 8, 2003 Budget and Manaflement Comments: This item requests the Board to appropriate a Department of Conservation grant in the amount of $60,000 for improvements to the Eppington Plantation. County staff in cooperation with the Eppington Foundation applied for and has been awarded a grant to improve access at the Plantation. These improvements will include entrance road improvements, a parking lot, and pedestrian walkways, all of which are consistent with the Eppington Master Plan. The total project costs are estimated to be $120,000. The grant requires a $60,000 local match that will be funded from the FY2004 capital improvement program that included $75,000 to be used as matching funds for improvements at Eppington. Funding the local match will leave a balance of $15,000 in the Eppington capital improvement project. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 000036 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meeting Date: October 8, 2003 Item Number: 8.C,2.b. Subiect: Acceptance and Appropriation of a Federal Grant and Creation of Five Positions for Juvenile Drug Court County Administrator: ~'~ Board Action Requested: Authorize the acceptance and appropriation of Juvenile Drug Court grant funds from the Department of Justice in the amount of $499,840. It is also requested that the Board create the five positions necessary to operate the drug court: three treatment clinicians, one probation officer, and one drug court administrator. Summary of Information: Chesterfield County, in partnership with Colonial Heights, began exploration of a Juvenile Drug Court (JDC) in Spring 2001. Based on the outcome of three data calls, planning for a JDC began in September 2001. With no available funding to become operational, the drug court team (comprised of the Judge, a commonwealth attorney from Chesterfield and Colonial Heights, a representative from the private bar, the public schools, mental health, the police department, and juvenile probation) decided to begin a pilot program for 3-5 youth in hopes of receiving a federal grant and expanding to full operation. The county has now received the federal grant for the Juvenile Drug Court. This is a two year grant providing $246,922 the first year, and $252,918 the second year. There is a 25% in-kind and cash match required. Colonial Heights provides the Juvenile Drug Court with $22,000 a year to support the program. This will suffice for the cash match. The rest of the match is in-kind. The grant does not cover indirect costs. Preparer: Melanie Meadows Title:Program Administrator Attachments: ~-~ Yes CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Meeting Date: October 8, 2003 The Juvenile Drug Court Program combines the coercive power of the court with intensive treatment and probation/community supervision services. Annually, the program will serve 25 non-violent, but high-risk youth whose substance abuse needs are intensive and have negatively impacted self and family. The JDC is a 12-month program. Clients receive intensive services that include home visits, drug screens 3-5 times a week, intensive outpatient treatment 3- 4 times a week, therapeutic recreation, and academic/employment monitoring. Further, they are required to appear before the court with a parent(s) weekly to address program status. Youths who are unsuccessful in this program face incarceration. Community resources include the use of volunteer mentors for each drug court client to provide additional support and advocacy. In addition, the YMCA has offered free membership to our clients during their tenure in the program. To become fully operational, five new positions are required: one drug court administrator, one drug court probation officer, and three treatment clinicians. 000035 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: October 8, 2003 Budget and Management Comments: This item requests that the Board authorize the County Administrator to accept and appropriate a federal grant from the Department of Justice for Juvenile Drug Court. The two-year grant is for $499,840, $246,922 in the first year and $252,918 in the second year. The grant period is October 1, 2003 through September 30, 2005. This item also requests that the Board create the five positions necessary to successfully operate the court. The required 25% cash/in-kind match has been identified and accepted by the granting agency. The grant is not renewable. However, alternative funding opportunities exist, in addition to the funds the court will continue to receive from the Drug Court Foundation, which will allow continued operation of the juvenile drug court beyond FY2005. The county will pursue these opportunities. Preparer: Rebecca T. Dickson Title: Director1 Budget and Manaqement 000039 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Meetin~l Date: October 8, 2003 Item Number: 8.C.3.a. Subiect: Set Public Hearing to Consider an Amendment to the Southern and Western Area Plan Relating to the Matoaca Villaqe Plan County Administrator's Comments: County Administrator: Board Action Requested: Set November 12, 2003, for a public hearing to consider adoption of the Matoaca Villaqe Plan and related Ordinances. Summary of Information: At a public hearing on September 16, 2003, the Planning Commission recommended approval of the Matoaca Villaqe Plan and companion Zoning Ordinance amendments. · The Matoaca Villaqe Plan and companion Zoning Ordinance amendments, once adopted, will guide future development in and around the Village of Matoaca in a comprehensive manner that embodies the principles of the Introduction of the Plan by guiding future development in ways that: promote orderly development; reinforce the shape and character of the community; encourage the preservation of scenic, historic and natural resources; foster quality design; and encourage development and redevelopment in ways that protect nearby neighborhoods. Preparer: Thomas E. Jacobson Title: Director of Planninq C:DATA/AG ENDN2003/OCT2/GOK Attachments: Yes ~-] No +~0040 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 An update of the Visual Resources Inventory, adopted with the Southern and Western Area Plan, to include Thorouqhfare Plan roads within the Matoaca Villaqe Plan geography as scenic corridors. Subsequent to the adoption of the original Visual Resources Inventory, the Zoning Ordinance was amended to require the protection of identified resources to the greatest extent practicable. The proposed amendment to the Visual Resources Inventory would apply this ordinance to Thorouqhfare Plan roads within the Matoaca Villaqe Plan geography. A proposed Zoning Ordinance amendment for new design standards for office and commercial development within the village. These standards would be similar to those adopted for other villages, and are designed to ensure that new office and commercial development or redevelopment is compatible with the setbacks, building and parking orientation, and architecture that are characteristic of the existing Village. A proposed Zoning Ordinance amendment for the R-C Conservation Subdivision Residential District classification. This ordinance amendment would establish a residential subdivision category requiring the preservation of a minimum of 50 percent open space for new subdivisions, primarily for the purpose of preserving rural vistas as viewed from area roads. Activities such as passive recreation, farming and equestrian activities would be permitted within this open space. Proposed Subdivision and Utility Ordinance amendments for requiring mandatory use of public water and wastewater within areas having adequate water and wastewater capacity. The Southern and Western Area Plan identified most of the Matoaca Villaqe Plan geography as an area with adequate water and wastewater capacity, and subsequent Zoning and Utility Ordinances were adopted requiring use of public water and wastewater in these areas. The current draft amendments, if adopted, would keep this requirement in place for the Matoaca Villaqe Plan geography. In addition, the amendments would include the geography of the Ettrick Villaqe Plan, which is also served by water and wastewater. 00004 1 Matoaca Village - Draft Comprehensive Plan Amendment Southern & Western Ama Plan Appomattox River 1 Matoaca Village Plan draft plan ~rk:k Vllbge Pbln Pickett Av. Village Core [ntemh~nge~ ThorougMllm Rcmd$ Umltsd A~$ ~00' propo6ed ~VMajor Arterb~l 90' existing ~Major Ar~erMI 90' propo~ecl /VCollactor 70' exietir~ /x/Colleotor 70' proposed Streets 1Ponds Stre~m~ Parcel~ Omen Belt ~ ~ Appomattox River Matoaoa.$hp 1-5 aore lots (Suited for R88 ) Re~ldenUal I unit/acre or le~s ~ RMIdentlal 1,$ units/acre or lees Residential 2.5 units~ore or Village Commemial Con~ervatlon/Pa~tdve RecreaUon The Motoaca Villaqe Plan, once adopted by the Board of Supervisors, will guide County citizens, developers, staff, the Planning Commission and Board of Supervisors in future decisions affecting the County including, but not limited to, future zoning actions. The recommendations of the draft Matoaca Villaqe Plan are: · Adopt new development standards for office and commercial development within the Village. · Provide o green belt around the Village to preserve rural surroundings as o framework to preserve the existing rural and traditional residential setting of the Village and surrounding area. · Update the Visual Resources Inventory to include existing and planned thoroughfare roods within the Village study area as scenic corridors. · bevelop a purchase of development rights program to encourage the owners of properties that are identified for preservation from development to participate in such preservation. · Reduce suggested residential densities from 2.5 to 1.5 and 1 unit(s) per acre in most areas to preserve the existing rural character of the study area, os well os oreo scenic views. · Adopt o new residential zonin9 category to require preservation of visual and natural resources os new development occurs. · bevelop a historic district for Motoaco Village. Consider rezoning of certain properties currently zoned residentially and commercially to categories that more closely conform to densities and land uses suggested by in Plan. 00004;8 · Continue to require the use of the public water ond wastewatev systems. · Amend the ThoPouqhfare Plan to help guide the development of a safe and efficient transportation network. Villoq~. Commercial Development Standards Existing Conditions Redeveloped - Village standards Redeveloped - typical strip shopping The recommended development standards for office and commercial development with Matoaca Village, in general, would: · I~educe setbacks fo~ building and parking areas along ~oads and between businesses. · I~equive that pa~king and gasoline canopies be located to the sides and ~ea~s of buildings. · I~equi~e that office and commercial site design and building a~chitecture be compatible with existing Village development pattern, as opposed to that typically found in suburban business co~ido~s in othe~ parts of the County. · Ensure that the heights and scales of new buildings compliment the existing pattern of development within the Village. 00004,.2 Ensure the Villoqe Core villoqe commercial oreo supports: o mix of residential, civic, religious, and commercial uses that reflect the unique character of the Village Core. View of the Matoaca Village Core convenience business Establish a Villoqe Green Belt Matoaca Village Green Belt I 0 I 2 3 N 4 Miles Matoaca Village has a small town or rural village character that is distinct from other areas of the County, which are developing in a more typical, suburban residential manner. Preserving the existing rural and traditional residential setting surrounding the Village Core would identify the Core, together with its surrounding area, as a well-defined place meriting special consideration and protection from potential encroachment. The green belt identifies that oreo around the Village Core consisting of existing rural (forming activities and natural areas) end traditional residential development (residences of varied age, size and architecture, sited on parcels of varied size and with varied setbacks from roads) that defines the edges of the Core. These areas should be targeted for preservation to prevent encroachment on the Village Core from more typical, mid-to-late 20th Century-type subdivision development. 000044 Preservation strategies could include, but would not be limited to: new residential development types designed to preserve rural vistas; targeting of the green belt foe promotion of land donations and conservation easements; and identification of properties within the green belt as prime areas for participation in a purchase of development rights program. Update the Visual Resources Tnventory (Map 2) Visual Resources . Visu~ po,.t.e~o,,~s Southern end Western Area ~1 Visual Areas f '~°'* ~,Scenlc Corridors m Scenic Water Corridors Western Area Teehnical Repor~ contains detailed information of specific locations. The Visual Resources Analysis, adopted with the Southern and Western Area Plan, seeks to identify and preserve identified visual resources as new development occurs. The Zoning Ordinance seeks to protect these resources against encroachment, degradation or destruction 'to the maximum extent practicable'. · Amend the Visual Resources Analysis to include existing and planned major arterial and collector roads within the Plan geography as scenic corridors. Develop a Purchase of Development Rights Program A separate planning effort should be developed for a Purchase of Development Rights Program for the entire County. A public/private partnership should be forged between the County, citizens and property owners to identify, protect and preserve the visual amenities of the existing rural pattern of development. However, restricting development on properties identified for preservation would necessitate the compensation of property owners for lost development potential. 000045 Lower Residential Densities Current Southern & Western Area Plan Major Roads Streets Ponds Streams Village Core r'~ Village Plan Boundary ~ Appomattox River Southern & Western Area Plan res. 1 to 5 ac. lots res. 1 to 2.5 u/ac. ~ recreation/lin, trails Pickett Av. The current Plen suggests residential density of 2.5 units per acre throughout most of the study area. The numbers of potential residences that could be built at this density would have an adverse impact on the existing rural landscape, as well es on the shape, form and 'feel' of the Village Core and surrounding areas. Specifically, typical single-family residential subdivision development could potentially adversely impact the village choracter of the Core, os well os the rurol chorocter of the surrounding oreos. Reducing the suggested Plan density for new residential development, together with encouraging new subdivision designs that are sensitive to preserving the existing rural setting, would promote preservation of visual resources and create neighborhoods of unique character by preserving the unique feetures of the land as well as significant elements of the existing rural development pattern. OOO046 Establish the Conservation Subdivision Residential District Matoaca Acres - Existing conditi~ Over the years, Planning staff has identified that the typical pattern of single-family residential subdivision development is a main cause for the disappearance of rural areas, and has attempted to address this issue within the context of Plan amendments. The recommended Conservation Subdivision Residential District would: Acres - -2.5 unit~ per ~re Require that new residential subdivisions be designed with o minimum of §0% of the land area, exclusive of collector and arterial roads, in permanent conservation oreas designed to preserve rural vistas, farming activities and natural resources. Matoaca Acres - -1 u~it per acre (conventional subdivisioe design) Allow farming, equestrian recreational facilities as conservation areas. activities and outdoor restricted uses within Allow lot configurations that focilitote development densities that are closer to the Plan recommended maximum than con typically be achieved using current residential district standards. Matoaca Acres o -1 unit per acre (open space subdivision design) 000047 ~ppomattox Pickett Av. 2000 2000 The Village of Matoaca began as a small mill town in the 1830s. Zt remained a company town until after the Civil War, when private houses began to be built. The Village retains much of its traditional village character, which many feel should be preserved. · Develop an inventory of historically and culturally significant resources for the Matoaca Village study area, to serve as a model for a larger effort for the entire County. Develop a historic district for the Village in order to recognize, protect and preserve historic and culturally significant structures and sites. This District should be tailored to the special interests and needs of the citizens of the Village and surrounding area. Consider rezoning of certain residentially and commercially zoned properties to zoning categories that more closely conform to densities and land uses su~estea by the Plan · Identify properties currently zoned residentially and commercially that could be developed or redeveloped to densities and uses permitted by these zoning classifications but not supported by the Matoaca Village Plan. · Consider rezoning these properties to zoning classifications that more closely reflect the densities and uses suggested by the Plan. 000048 Provide a safe and efficient transportation network Matoaca Village Plan Thoroughfare Plan Roads j. Interchanges Thoroughfare Roads proposed N major arterial 90' i~/* gO' proposed /V collector 70' /~v~ 70' proposed -- Ponds Parcels -- Appomattox Rivel Pickett Av. I 0 I 2 Miles N · The County's Thoroughfare Plan identifies right-of-way classifications of existing roads, and right-of-way classifications and general alignments of future roads. · As development occurs throughout the County, existing roads will need to be widened end new roads will need to be built to accommodate increased traffic. 000049 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: October 8, 2003 Item Number: 8.C~.3.b. Subject: Set Public Hearing to Consider an Amendment to the Zoning Ordinance Relative to Signs in County Owned Road Rights of Way County Administrator's Comments:/~~ County Administrator: Board Action Requested: Set a public hearing for November 12, 2003, to consider an amendment to the Zoning Ordinance relative to signs in county owned road rights of way. Summary of Information: At Mr. McHale's request, the Board of Supervisors sent the zoning ordinance amendment shown in Attachment A to the Planning Commission for public hearing and recommendation. On September 16, 2003 the Planning Commission held their public hearing with two (2) people speaking in favor of and no one speaking in opposition to the change. The Commission recommended adoption of the amendment shown in Attachment B. This would restrict the placing of signs in County owned road rights of way to office, commercial, industrial and mixed use projects along all or part of Courthouse, Harrowgate and Huguenot Roads and Routes 1, 10, 60 and 360. The zoning ordinance currently permits signs within the ultimate road right of way if the right of way has not been acquired by the County. Signs are not permitted within the ultimate right of way once the County has acquired it. Preparer: Thomas E. Jacobson Title: Attachments: Yes ~ No Director of Planning C:DATAIAGENDAI2OO31OCT8.31GOK # 000050 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Commercial developers typically dedicate the ultimate road right of way to the County, which can cause their signs to be set back farther from the road. In some cases, this greater setback, combined with requirements to maintain trees along the property frontage, reduces visibility of project signs. Attachment C shows a situation that could exist along Route 1 under the current requirements. The proposed ordinance amendment would allow the Board of Supervisors to grant licenses to place signs in the County-owned ultimate road right of way with the requirement that the sign must be relocated at no cost to the County or State. Through the license process, County staff would review the request and, based on traffic safety, anticipated road construction time and other factors, would make a recommendation relative to granting the license. The Board of Supervisors would make the final decision after holding a public hearing on the request. This amendment will allow additional signs to be placed within the ultimate road right of way. As roads are widened, property owners will be required to relocate those signs at their cost. Some owners may be reluctant to pay this cost, which would create additional work for CDOT, VDOT and/or the Planning Department. 00005;:1. ATTACHMENT A AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-636 RELATING TO SIGN DESIGN AND SETBACK REQUIREMENTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-636 of the Code of the County of Chesterfield, 1997, as amended, is amended and re- enacted to read as follows: Sec. 19-636. Sign design and setback requirements. (a) With the exception of signs permitted to be placed in the right-of-way pursuant to section 19- 635(f), all signs, including directional signs, shall be set back a minimum of 15 feet from all property lines, unless a greater setback is specified by conditions of zoning, approved site or subdivision plans, or by this chapter. (b) Along public rights-of-way, the setback may be reduced to a minimum of 20 feet from the edge of the pavement or the face of curb, but in no case shall the sign be set back less than one foot from the property line, provided the sign shall be relocated to conform to the requirements herein at the time the adjacent road is widened. (c) Within any village district, the sign setback shall be five feet from the right-of-way line. (d) Along roads which have proposed right-of-way expansion, as delineated in the comprehensive plan, if such right-of-way has not been acquired, signs may be located within the proposed right-of-way, provided the sign shall be relocated to conform to the setback requirements upon acquisition of the right-of-way. (e) Along roads where the right-of-way for future expansion has been acquired by the county, signs may be placed within the right-of-way subject to a license approved by the board of supervisors. The license shall require the owner of the sign to relocate the sign to conform to the setback requirements of the zoning ordinance at no cost to the county or state upon request of the county or state. (-~ L_fl Landscaping: Except for new signs within paved areas, existing as of April 25, 2001, grass, live groundcover, shrubs and trees consistent with other plantings shall be provided around each individual permanent freestanding sign. The landscaping required by this section shall be depicted on the site or landscaping plans. (-f:) Lg) Illumination. (1) External lighting shall be limited to white lighting and shall not be blinking, fluctuating or moving. External lighting shall be provided by concealed and/or screened spots or floods and shall be arranged and installed so as not to cause 1293:62240.1 Revised 07/08/03 3:34 PM 0000S2 (2) glare in an any adjoining R, R-TH, R-MF or A district or public right-of-way. If external lighting is used, the sign shall not be internally illuminated. However, incidental lighting of buildings shall not be considered to be external lighting of signage. (2) Internal lighting shall be contained within translucent copy and internally illuminated sign boxes, provided the area illuminated for sign boxes is restricted to the sign face only. The illumination shall not cause glare on any adjoining R, R-TH, R-MF or A district or public right-of-way. If intemal illumination is used, external lighting shall not be allowed. However, incidental lighting of buildings shall not be considered to be external lighting of signage. (3) School and church signs located in residential or agricultural districts shall not be illuminated between the hours of 10 p.m. and 6 a.m., subject to section 19-500. That this ordinance shall become effective immediately upon adoption. 1293:62240.1 Revised 07/08/03 3:34 PM OOO05,2 ATTACHMENT B AN ORDINANCE TO ~MEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 19-636 RELATING TO SIGN DESIGN AND SETBACK REQUIREMENTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-636 of the Code of the County of Chesterfield, 1997, as amended, is amended and re- enacted to read as follows: Sec. 19-636. Sign design and setback requirements. (a) With the exception of signs permitted to be placed in the right-of-way pursuant to sections 19- 635(f) and 19-636(e), all signs, including directional signs, shall be set back a minimum of 15 feet from all property lines, unless a greater setback is specified by conditions of zoning, approved site or subdivision plans, or by this chapter. (b) Along public fights-of-way, the setback may be reduced to a minimum of 20 feet from the edge of the pavement or the face of curb, but, except as permitted in section 19-636(e), m no oas-~qat-!4h~ sign shall be set back less than one foot from the property line, provided the sign shall be relocated to conform to the requirements herein at the time the adjacent road is widened. (c) Within any village district, the sign setback shall be five feet from the fight-of-way line. (d) Along roads which have proposed right-of-way expansion, as delineated in the comprehensive plan, if such fight-of-way has not been acquired, signs may be located within the proposed right-of-way, provided the sign shall be relocated to conform to the setback requirements upon acquisition of the right-of-way. (e) Along the following roads where the fight-of-way for future expansion, as delineated in the comprehensive plan, has been acquired by the county free and unrestricted, signs for office, commercial, industrial and mixed use projects may be placed within the county owned fight-of-way subject to a license approved by the board of supervisors. The license shall require the owner of the sign to relocate the sign to conform to the setback requirements of the zoning ordinance at no cost to the county or state upon request of the county or state. (1) (2) (3) (4) (5) (6) (7) (8) Route 60 between the Powhatan County line and Winterfield Road, Route 60 between Old Buckingham Road and the Richmond City line, Route 360, Route 10 between the Richmond City line and Buckingham Street, Route 10 between Jefferson Davis Highway and the Hopewell City line, Huguenot Road, Courthouse Road between Route 60 and Route 360, Harrowgate Road, 1923:62240.2 Revised 09/16/03 000054 (9) Jefferson Davis Highway (eO (f) Landscaping: Except for new signs within paved areas, existing as of April 25, 2001, grass, live groundcover, shrubs and trees consistent with other plantings shall be provided around each individual permanent freestanding sign. The landscaping required by this section shall be depicted on the site or landscaping plans. Illumination. (1) External lighting shall be limited to white lighting and shall not be blinking, fluctuating or moving. External lighting shall be provided by concealed and/or screened spots or floods and shall be arranged and installed so as not to cause glare in a~ any adjoining R, R-TH, R-MF or A district or public right-of-way. If external lighting is used, the sign shall not be internally illuminated. However, incidental lighting of buildings shall not be considered to be external lighting of signage. (2) Internal lighting shall be contained within translucent copy and internally illuminated sign boxes, provided the area illuminated for sign boxes is restricted to the sign face only. The illumination shall not cause glare on any adjoining R, R-TH, R-MF or A district or public right-of-way. If internal illumination is used, extemal lighting shall not be allowed. However, incidental lighting of buildings shall not be considered to be external lighting of signage. (3) School and church signs located in residential or agricultural districts shall not be illuminated between the hours of 10 p.m. and 6 a.m., subject to section 19-500. (2) That this ordinance shall become effective immediately upon adoption. 1923:62240.2 Revised 09/16/03 000055 t~ 000056 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: October 8, 2003 Item Number: 8.¢.3.c. Subject: Set a Public Hearing to Amend the Subdivision Ordinance to Establish Standards for Lots Impacted by Wetlands, Floodplains or Resource Protection Areas County Administrator's Comments: County Administrator: Board Action Requested: Set a public hearing for November 12, 2003, to amend the Subdivision Ordinance relative to standards for lots impacted by wetlands, floodplains or RPA's. Summary of Information: Planning Commission voted unanimously in favor of recommending the amendment to the Board of Supervisors for adoption. The attached amendment to Section 17 - 83 of the subdivision ordinance would require lots or parcels that are substantially divided by environmental features such as wetlands, RPA's, or floodplains to contain a minimum contiguous area of not less than 9,000 square feet that is: a. b. Preparer: Exclusive of the environmental features, and Located adjacent to the required street frontage and between the street frontage and the environmental features. Thomas E. Jacobson Title: Director of Planninq Attachments: Yes ~ No 000057 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 A lot will not be considered substantially divided if a fifteen (15) foot wide area provides access from the front of the lot to any proposed building envelope that is not adjacent to the street frontage. The requirements will not apply to: a. Residential townhouse lots, Lots that are permitted by zoning conditions to be less than 9,000 square feet, provided that the lot contains a minimum contiguous area equal to or greater than the minimum lot size required by the zoning conditions, and c. Lots where: The United States Army Corps of Engineers and any state regulatory agency having jurisdiction approves a crossing of the environmental features, and II. The minimum contiguous area exclusive of the environmental features is not less than 9,000 square feet, and III. The minimum contiguous area is located on that portion of the lot that is connected by the crossing. The size of drainage structures for any such crossing shall also satisfy the requirements of the Department of Environmental Engineering's Reference Manual. 000055 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 17-83 RELATING TO LOT AND PARCEL STANDARDS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 17-83 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 17-83. Minimum requirements. 000 All lots that receive tentative approval after (INSERT EFFECTIVE DATE OF AMENDMENT), and which are substantially divided by environmental features such as wetlands, RPA's, or floodplains with a combined drainage basin exceeding fifty (50) acres, shall contain a minimum contiguous area of not less than 9,000 square feet that is: a_ exclusive of the environmental features, and b~ located adjacent to the required street frontage and between the street frontage and the environmental features. (2) For purposes of this subsection, a lot shall not be considered to be substantially divided if an existing natural and continuous accessway, a minimum of fifteen (15) feet in width, provides access from the front of the lot to any proposed building envelope that is not adjacent to the street frontage. (3) The requirements of this subsection shall not apply to: a~ residential townhouse lots, bo lots that are permitted by zoning conditions to be less than 9,000 square feet, provided that the lot contains a minimum contiguous area equal to or greater than the minimum lot size required by the zoning conditions, and lots where: C_: the United States Army Corps of Engineers and any state regulatory agency having iurisdiction approves a crossing of the environmental features, and ii. the minimum contiguous area exclusive of the environmental features is not less than 9,000 square feet, and 1923:62544.1 Revised 08/08/03 10:34 AM 000059 iii. the minimum contiguous area is located on that portion of the lot that is connected by the crossing. The size of drainage structures for any such crossing shall also satisfy the requirements of the Department of Environmental Engineering's Reference Manual. (2) That this ordinance shall become effective immediately upon adoption. 1923:62544.1 0 0 0 06 0 Revised 08/08/03 10:34 AM CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: October 8, 2003 Item Number: 8..~3.d. Subject: Set Public Hearing to Consider a Zoning Ordinance Amendment to Change Certain Special Exceptions to Conditional Uses County Administrator's Comments: County Administrator: Board Action Requested: Set November 12, 2003, for a public hearing to consider a Zoning O~dinance amendment to change certain Special Exceptions to Conditional Uses. Further, the Board may wish to request the Planning Commission to study the possibility of a second Ordinance Amendment which would allow manufactured homes under certain restrictions in residential districts. Summary of Information: The Planning Commission held a public hearing on August 19, 2003, and on September 16, 2003, recommended adoption of a Zoning Ordinance amendment Exhibit B) to change certain Special Exceptions to Conditional Uses. The changes, as recommended by the Planning Commission, would continue to allow Special Exceptions for one chair beauty shops and private kennels. The change would require a Manufactured Home Permit from the Board of Supervisors versus a Special Exception from the Board of Zoning Appeals for a manufactured home necessitated due to the dwelling unit Deing uninhabitable by fire or act of God. Given the recent catastrophic events, the Board may wish to instruct the Planning Commission to study the possibility of allowing temporary manufactured homes as restricted uses in residential districts when sucn events render the dwelling unit uninhabitable. The workload i~pact of changes will be monitored at a later date, additional staffxng may be required to accommodate any changes. Preparer: Thomas E. Jacobson Title: Director of Planning C:DATA/AGENDA/2OO3/OCT/I/gok Attachments: Yes ~]No ~00061 ATTACI{MENT A BACKGROUND: On April 9, 2003, the Board of Supervisors directed staff to review the current Ordinance to determine those Special Exceptions which are of such scale and land use impact that they would more appropriately be reviewed by the Planning Commission and Board of Supervisors through the Conditional Use process. From FY00 through FY03, the Board of Zoning Appeals will have considered ninety-six (96) Special Exceptions on property zoned residential or agricultural. These Special Exceptions cover a wide range of uses as noted in the attached table titled "Special Exceptions - R and A Zoning Districts." In staff's opinion, approximately two- thirds (2/3) of those requests were for uses that have the potential of significantly impacting surrounding neighborhoods. The largest volume of Special Exceptions was for businesses operated from the home. These businesses can be operated out of the home, in an accessory building or outdoors. The Zoning Ordinance does not restrict the type of business permitted by Special Exceptions provided the owner or operator of the business lives on the property. Therefore, these businesses ranged from one (1) chair beauty shops to accountants, dentists, various construction trades, wrecker services, exterminators, bed and breakfasts, public meeting places, various vehicle repair services, cabinet shops, etc. In staff's opinion, the business with the least impact on surrounding neighborhoods is one (1) chair beauty shops. The attached draft Ordinances would reclassify most Special Exceptions to Conditional Uses. Ordinance Exhibit A would require that one (1) chair beauty shops and private kennels obtain Conditional Use permits, while Ordinance Exhibit B would allow such uses by Special Exception. The effect of both Ordinances is to essentially eliminate the ability to obtain a Special Exception in any residential district and to require that those uses obtain a Conditional Use. The one (1) exception would be if the Board decides to continue to allow one (1) chair beauty shops from the home and private kennels as Special Exceptions (Ordinance Exhibit B) as recommended by the Planning Commission. If this amendment is adopted, individuals who wish to renew a Special Exception or amend conditions of a Special Exception would make an application for a Conditional Use. Had the changes outlined in Ordinance Exhibit A been in force from FY00 through FY03, approximately eighty (80) cases would have been removed from the Board of Zoning Appeals workload and added to the Planning Commission and Board of Supervisors caseload. Since these requests are frequently in residential areas and can generate considerable neighborhood interest, the workload for zoning staff, the Planning Commission and Board of Supervisors is expected to increase. If adopted, staff will monitor the workload impact. Should it be determined at a later date to have had a significant impact on staff workload funding for additional staff or other resources may be sought. 000062 ATTACHi~ENT B Special Exceptions - R and A zoning districts - FY00-03 Category of Special Exception Case Nonprofit legal service facilities 0 Nonprofit civic, social and fraternal clubs and lodges 3 Cemeteries and graveyards 0 Rescue squads and fire stations. 4 Government buildings 0 Greenhouses, hothouses and plant nurseries 4 Business from the home*...one chair beauty shop 6 Business from the home*...all other 49 Mobile home...residence uninhabitable by fire or act of God 0 Yard sales which exceed two days in duration 0 Kennel, private 14 Temporary manufactured or mobile homes 15 Stock or dairy farms on less than three acres 1 Total requests 96 * Business may be inside any building or outside on the lot or parcel Special Exception Conversion Chart Current- all special exceptions Proposed by Planning Commission (Exhibit B) Nonprofit legal service facilities Conditional Use Nonprofit civic, social and fraternal clubs and lodges Cemeteries and graveyards Rescue squads and fire stations. Government buildings Greenhouses, hothouses and plant nurseries Business from the home...one chair beauty shop Business from the home*.., all other Mobile home...residence uninhabitable by fire or act of God Yard sales which exceed two days in duration Kennel, private Temporary manufactured or mobile homes Stock or dairy farms on less than three acres Conditional Use Conditional Use Conditional Use Conditional Use Conditional Use Special Exception Conditional Use Manufactured Home Permit Conditional Use Special Exception Special Exception Conditional Use * Business may be inside any building or outside on the lot or parcel 000063 Exhibit A 2623:62222.1 Revised 07/25/03 9:48 AM AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-65, 19-66, 19-67, 19-68 AND 19-124 AND ADDING SECTIONS 19-68.1, 19-73.1, 19-78.1, 19-83.1, 19-88.1 AND 19-93.1 RELATING TO SPECIAL EXCEPTIONS AND CONDITIONAL USES IN RESIDENTIAL AND AGRICULTURAL DISTRICTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-65, 19-66, 19-67, 19-68, and 19-124 of the Code of the County of Chester_field, 1997, as amended, are amended and re-enacted and Sections 19-68.1, 19-73.1, 19-78.1, 19-83.1, 19-88.1 and 19-93.1 are added to read as follows: Article III. Districts OOO Division 4. R-88 Residential District OOO See. 19-65. Uses permitted with certain restrictions. The following uses shall be permitted in the R-88 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: ooo (c) Yard sales, as accessory to a principal use, provided that they do not exceed two days in duration. Sec. 19-66. Accessory uses, buildings and structures. The following accessory uses, buildings and structures shall be permitted in the R-88 District: OOO (-h-) Lg) Other accessory uses, buildings and structures not otherwise prohibited, customarily accessory and incidental to any permitted use. Sec. 19-67. Conditional uses. The following uses may be allowed by conditional use in the R-88 District, subject to the provisions of section 19-13: 000 (o) Provided the owner or operator of the business resides on the premises, a business operated on a lot or parcel inside or outside of a dwelling unit or accessory_ building, but not to include massage clinics, certified massage therapists or one chair beauty shops. Provided the owner or operator of the business resides on the premises, one chair beauty shops on a lot or parcel inside of a dwelling unit or accessory building. Lq) Nonprofit legal service facilities. Nonprofit civic, social and fratemal clubs and lodges; nothing in this subsection shall be construed to include fraternities or sororities operating in conjunction with any public or private school or college. Cemeteries and graveyards. Emergency rescue squad and fire station buildings and grounds. (u) Government buildings. (v) Greenhouses, hothouses and plant nurseries at which their products are sold or offered for sale. (w) Kennel, private. Subject to the following requirements other uses that are not specifically enumerated in this chapter and that are of the same general character as the specifically enumerated uses allowed in this district. Before the planning commission and board of supervisors hear an application pursuant to this subsection, the director of planning shall consider, among other things, the following: the size and proposed configuration of the site; the size, height and exterior architectural appearance of any proposed structure or structures; noise; light; glare; odors; dust; outdoor activities; traffic; parking; signage; and hours of operation. Based on these considerations, he shall determine that the proposed use's operating characteristics are substantially similar to, and its impact on neighboring properties no greater than, the operating characteristics and impacts of the specifically enumerated uses allowed in this district. Sec. 19-68. Special exceptions. The following uses may be allowed by special exception, subject to the provisions of section 19-21: None. Sec. 19-68.1. Manufactured Home Permit. The Board of Supervisors may grant a permit with or without conditions for a temporary manufactured home provided the manufactured home is necessary because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. 000 Division 5. R-40 Residential District 000 Sec. 19-73.1. Manufactured Home Permit The Board of Supervisors may grant a permit with or without conditions for a temporary manufactured home provided the manufactured home is necessary_ because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. 000 Division 6. R-25 Residential District 000066 000 Sec. 19-78.1. Manufactured Home Permit. The Board of Supervisors may grant a permit with or without conditions for a temporary_ manufactured home provided the manufactured home is necessary because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. OOO Division 7. R-15 Residential District Sec. 19-83.1. Manufactured Home Permit. 000 OOO Division 8. R-12 Residential District OOO Sec. 19-88.1 Manufactured Home Permit. The Board of Supervisors may grant a permit with or without conditions for a temporary manufactured home provided the manufactured home is necessary because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. 000 Division 9. R-9 Residential District 000 Sec. 19-93.1 Manufactured Home Permit. The Board of Supervisors may grant a permit with or without conditions for a temporary manufactured home provided the manufactured home is necessary because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. OOO 000067 The Board of Supervisors may grant a permit with or without conditions for a temporary manufactured home provided the manufactured home is necessary_ because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. Division 15. A Agricultural District 000 Sec. 19-124. Uses permitted with certain restrictions. (-b-) The following uses shall be permitted in the A District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: 000 (3) Stock or dairy farms, including all buildings and structures necessary to such use and the keeping, storage or operation of any vehicle or machinery_ necessary to such use, provided that the lot or parcel has at least three acres. (2) That this ordinance shall become effective immediately upon adoption provided, however, that the ordinance shall not apply to any application for special exception or conditional use filed prior to the date of adoption. 000065 Exhibit B 2623:62222.1A Revised 07/25/03 9:47 AM AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19-65, 19-66, 19-67, 19-68 AND 19-124 AND ADDING SECTIONS 19-68.1, 19-73.1, 19-78.1, 19-83.1, 19-88.1 AND 19-93.1 RELATING TO SPECIAL EXCEPTIONS AND CONDITIONAL USES IN RESIDENTIAL AND AGRICULTURAL DISTRICTS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19-65, 19-66, 19-67, 19-68, and 19-124 of the Code of the Coun~ of Chesterfield, 1997, as amended, are amended andre-enactedandSections 19-68.1, 19-73.1, 19-78.1, 19-83.1, 19-88.1 and 19-93.1 are added to read as follows: Article III. Districts OOO Division 4. R-88 Residential District OOO Sec. 19-65. Uses permitted with certain restrictions. The following uses shall be permitted in the R-88 District subject to compliance with the following conditions and other applicable standards of this chapter. If these restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: ooo (c) Yard sales, as accessory_ to a principal use, provided that they do not exceed two days in duration. Sec. 19-66. Accessory uses, buildings and structures. The following accessory uses, buildings and structures shall be permitted in the R-88 District: OOO (g) V~ ~,-1 ~1~o 0O IX) Other accessory uses, buildings and structures not otherwise prohibited, customarily accessory and incidental to any permitted use. Sec. 19-67. Conditional uses. The following uses may be allowed by conditional use in the R-88 District, subject to the provisions of section 19-13: 000069 000 (o) Provided the owner or operator of the business resides on the premises, a business operated on a lot or parcel inside or outside of a dwelling unit or accessory building, but not to include massage clinics, certified massage therapists or one chair beauty shops. (p) Nonprofit legal service facilities. (q) Nonprofit civic, social and fraternal clubs and lodges; nothing in this subsection shall be construed to include fraternities or sororities operating in conjunction with any public or private school or college. Cemeteries and graveyards. Emergency rescue squad and fire station buildings and grounds. Government buildings. Greenhouses, hothouses and plant nurseries at which their products are sold or offered for sale. (-o) (v) Subject to the following requirements other uses that are not specifically enumerated in this chapter and that are of the same general character as the specifically enumerated uses allowed in this district. Before the planning commission and board of supervisors hear an application pursuant to this subsection, the director of planning shall consider, among other things, the following: the size and proposed configuration of the site; the size, height and exterior architectural appearance of any proposed structure or structures; noise; light; glare; odors; dust; outdoor activities; traffic; parking; signage; and hours of operation. Based on these considerations, he shall determine that the proposed use's operating characteristics are substantially similar to, and its impact on neighboring properties no greater than, the operating characteristics and impacts of the specifically enumerated uses allowed in this district. Sec. 19-68. Special exceptions. The following uses may be allowed by special exception, subject to the provisions of section 19-21: (a) XT .....~.. ~..~ .... :~ C.~:~;*:~. Provided the owner or operator of the business resides on the premises, one chair beauty shops on a lot or parcel inside of a dwelling unit or accessory_ building. (b) school .... 11~.-.-,., Kennel, private. 000070 Sec. 19-68.1. Manufactured Home Permit. The Board of Supervisors may grant a permit with or without conditions for a temporary_ manufactured home provided the manufactured home is necessary_ because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. OOO Division 5. R-40 Residential District OOO Sec. 19-73.1. Manufactured Home Permit The Board of Supervisors may grant a permit with or without conditions for a temporary_ manufactured home provided the manufactured home is necessary_ because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. OOO Division 6. R-25 Residential District 000 Sec. 19-78.1. Manufactured Home Permit. The Board of Supervisors may grant a permit with or without conditions for a temporary manufactured home provided the manufactured home is necessary because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. OOO 00007 . Division 7. R- 15 Residential District 000 Sec. 19-83.1. Manufactured Home Permit. The Board of Supervisors may grant a permit with or without conditions for a temporar~ manufactured home provided the manufactured home is necessary_ because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. 000 Division 8. R-12 Residential District 000 Sec. 19-88.1 Manufactured Home Permit. The Board of Supervisors may grant a permit with or without conditions for a temporary_ manufactured home provided the manufactured home is necessary_ because the principal residence located on the premises has been rendered uninhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. 000 Division 9. R-9 Residential District 000 Sec. 19-93.1 Manufactured Home Permit. The Board of Supervisors may grant a permit with or without conditions for a temporary_ manufactured home provided the manufactured home is necessary_ because the principal residence located on the premises has been rendered u~inhabitable by fire or Act of God. Such manufactured home need not meet the required conditions of the district as deemed appropriate by the Board of Supervisors at the time the permit is granted. OOO Division 15. A Agricultural District 000 Sec. 19-124. Uses permitted with certain restrictions. 000072 [1~ (-b) The following uses shall be permitted in the A District subject to compliance with the following conditions and other applicable standards of this chapter. If the following restrictions cannot be met, these uses may be allowed by conditional use, subject to section 19-13: 000 Stock or dairy farms, including all buildings and structures necessary_ to such use and the keeping, storage or operation of any vehicle or machinery necessary to such use, provided that the lot or parcel has at least three acres. (2) That this ordinance shall become effective immediately upon adoption provided, however, that the ordinance shall not apply to any application for special exception or conditional use filed prior to the date of adoption. OOO0?3 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: October 8, 2003 Item Number: 8.C.3.e. Subiect: Set Public Hearing to Amend the Zoning Ordinance Relative to Banners for Non-Profit Organizations County Administrator's Comments: County Administrator: Board Action Requested: The Planning Commission and staff recommend the Board of Supervisors set a public hearing for November 12, 2003, for an amendment to the zoning ordinance relative to banners for non-profit organizations. Summary of Information: The Planning Commission held a public hearing on September 16, 2003, and ~ecommended adoption of a Zoning Ordinance amendment relative to banners for non-profit organizations. This ordinance amendment increases the number of days that businesses and organizations can display banners for non-profit organizations having events on their properties. This amendment necessitates two changes to Sec. 19-638 as explained below and specifically shown in Exhibit A attached. The current ordinance allows only businesses to display banners for non- profit organizations having events on the business property. There are a variety of organizations that are not considered businesses that provide event space for non-profit organizations. For example, churches often support numerous non-profit organizations by allowing use of their church buildings and property. Staff supports including organizations that are not specifically a business to provide event space for non-profit organization events on their property. Preparer: Thomas E. Jacobson Attachments: Yes [~ No Title: Director of Plannin.q C: DATA/AGENDAJ2003/OCT8.5/GOK CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 The current ordinance also restricts businesses to a total of twenty (20) days a year to display banners for non-profit organizations having events on the premises of the businesses. Staff believes that twenty (20) days is an insufficient amount of time to provide event space for multiple non-profit organizations on such properties. Staff supports extending this annual time allowance to sixty (60) days. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTION 19-638 RELATING TO BANNERS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 19-638 of the Code of the Count~ of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 19-638. Banners. Banners do not require sign permits and are allowed so long as: (a) The applicant notifies the director of planning in writing at least five business days prior to the installation of a banner of the size, area, proposed location and manner of fastening of the banner and has received approval, with a designated identification number, for the banner. The banner shall have the identification number and the approved date of removal printed on the banner in one and a half inch numbers in the lower right coruer. Any banner installed without prior notification to and approval of the director of planning shall be removed immediately upon notification by the planning department and no other banner shall be displayed for 90 days. Banners shall not be attached to trees or shrubs. (b) A single banner not to exceed 50 square feet in area may be used to advertise a new business which has not installed it's permanent signs, provided the banner is used for one time period not to exceed 30 consecutive days. (c) A single banner not to exceed 50 square feet in area may be used to advertise special events, provided the banner is not used for more than 30 consecutive days. Such banners shall not be displayed more than 60 days total during a calendar year on the same property and each banner must advertise a different event. For tenants in a nonresidential community that have separate exterior customer entrances, each tenant is a separate entity for the purpose of this provision. Tenants in nonresidential communities may erect a freestanding banner in lieu of a building mounted banner so long as no more than two banners are erected for the entire community at the same time for each arterial street front. One additional freestanding banner may be erected for the sole purpose of advertising the onsite activities of nonprofit organizations. Businesses and organizations located outside of a nonresidential community may erect a freestanding banner in lieu of a building mounted banner. Such businesses and organizations may receive an additional gO 60 days a year of banner display for the sole purpose of advertising the onsite activities of nonprofit organizations. A nonprofit activity using a vacant site may erect one banner up to ten days 1923:627722.1 Revised 08/27/03 1:38 PM prior to the advertised event which shall be removed immediately upon completion of the event. (d) Banners solely advertising a business name and/or logo are prohibited. (2) (e) The permissible area of a banner may be increased for building mounted banners in accordance with the following: (1) One square foot for each two feet of store frontage in excess of 100 feet, provided that no banner shall exceed 150 square feet in area. (2) One square foot for each 50 feet the store is set back from the nearest public road, provided that no banner shall exceed 150 square feet in area. (3) Banners may be up to 250 square feet in area within village areas when used to advertise community events and displayed across public roads. That this ordinance shall become effective immediately upon adoption. 1923:627722.1 Revised 08/27/03 1:38 PM CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Date: October 8, 2003 Item Number: 8.¢.4. Subject: Approval of Recommendations From the Drug and Alcohol Abuse Task Force County Administrator: ~ Board Action Requested: The Board of Supervisors is requested to approve the recommendations of the Drug and Alcohol Abuse Task Force. Summary of Information: At the September 17, 2003, meeting of the Board of Supervisors, Christopher Lindbloom, Chairman of the Drug and Alcohol Abuse Task Force, presented an overview of the task force's August 2003 report. The task force has requested that the Board of Supervisors approve the following recommendations: 1) A continued strong connection between the Board of Supervisors and the county's substance-abuse-prevention efforts is important. Therefore, the task force recommends that each member of the Board of Supervisors appoint up to two members to serve on the SAFE Board of Directors; and 2) Youth Services has provided staff support and leadership to the task force and in the development and implementation of a coordinated community approach to substance-abuse prevention. Because this staff support is critical to the success of the coalition, the task force requests that Youth Services continue to provide staff support and leadership for SAFE. Preparer: Jana D. Carter Attachments: ~ Yes Title: Director, Youth Services NO 000074 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: October 8, 2003 Item Number: 8. C,5. Subject: State Road Acceptance County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Matoaca: Midlothian' Watermill, Phase 1 Forest Hill Manor Sycamore Village, Section B Preparer: Richard M. McElfish Title: Director, Environmental Engineering Attachments: Yes 1N° 00007t FAMILY WATmt .OS~ cr WAT~mJdlI~L rKWY 000076 000077 0000'78 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 3 Meetin~l Date: October 8, 2003 Item Number: 8.C.6. Subiect: Transfer of Funds and Authorization to Enter Into a Virginia Department of Transportation/County Loan Agreement for Route 360 Widening Project (Swift Creek - Winterpock) County Administrator's Comments: County Administrator: Board Action Requested: The Board is requested to transfer $1 million from the Industrial Access Account and authorize the County Administrator to execute a V-DOT/County loan agreement for the Route 360 widening project from Swift Creek to Winterpock Road. Summary oflnformation: In 1999, the Board authorized the County Administrator to enter into the customary V-DOT/County project agreement for the Route 360 widening project from Swift Creek to Winterpock Road. Prpgress on the project has been delayed because of VDOT funding shortfalls. To provide some immediate congestion relief, VDOT and staff are exploring a "reduced scope project" that can be constructed next year with available VDOT funds. The reduced project basically involves widening the westbound lanes of Route 360 from approximately Deer Run Drive/Harbour View Court to Spring Run Road. As a result of this widening, Route 360 westbound would be a three-lane roadway from Swift Creek to Spring Run Road. To provide a four-lane roadway from Swift Creek to Spring Run Road, VDOT believes it will cost an additional $1 million. Preparer: Attachments: R.J.McCracken Title: Director of Transportation agen 561 No Yes # CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 3 Summary (Continued): Construction of the remainder of the original six/eight lane project (eastbound widening, sidewalks, landscaping, etc.) would be deferred until additional funds are provided by VDOT in the future. If the Board is interested in completing more of the westbound widening, the $1 million needed can be transferred from the Industrial Access Account. Under the terms of the proposed VDOT/County Loan Agreement, the county would provide $1 million to VDOT and be reimbursed on a defined date in the future (currently estimated to be 2007) when additional VDOT project funding is anticipated. VDOT's obligation to reimburse the $1 million in 2007 is subject to appropriation of the funds and approval by the State Transportation Board. Sufficient funds will remain in the industrial access account, approximately $300,000, after the transfer to address industrial access projects through FY04. When VDOT reimburses the County, the $1 million will be returned to the Industrial Access Account. Recommendation: Staff recommends the Board take the following actions: 1. Transfer $1,000,000 from the Industrial Access Account to the Route 360 (Swift Creek - Winterpock) westbound widening project; and 2. Authorize the Administrator to execute a VDOT/County Loan Agreement, acceptable to the County Attorney, which provides for a $1 million loan to VDOT for the westbound widening. District: Clover Hill and Matoaca CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 3 of 3 Meeting Date: October 8, 2003 Bud_~et and Management Comments: This item requests the Board to transfer $1 million from the Industrial Access account and authorize the County Administrator to execute a VDOT/County loan agreement for the Route 360 widening project from Swift Creek to Winterpock Road. The balance in the Industrial Access account is $1,322,770; transfer of $1 million will leave a balance of $322,770. It is anticipated that this loan will be repaid beginning in calendar year 2007. As the loan is repaid by VDOT, funds will be returned to the Industrial Access account. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 00008~1 DRAFT 10/08/03 AGREEMENT FOR DEVELOPMENT AND ADMINISTRATION Route 360 Widening (Swift Creek - Winterpock Road) County of Chesterfield VDOT Project 0360-020-131, PE101, R/W201, C501 THIS AGREEMENT, made and executed in triplicate as of this __ day of ,2003, between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department" and the County of Chesterfield, a political subdivision of the Commonwealth of Virginia, hereinafter called the County. WITNESSETH: WHEREAS, the Department has adopted a Six Year Improvement Program for FY04 through FY09 for streets and highways, which includes an allocation of funds for the improvement of Route 360 between Swift Creek and Winterpock Road (Route 621) in Chesterfield County; and WHEREAS, under the terms of a November 20, 2001, agreement between the County and the Department, the County agreed to perform the preliminary engineering work for the improvement of Route 360; and WHEREAS, the County, pursuant to Section 33.1-75.2 and Section 33.1-75.3 of the Code of Virginia, as amended, desires to expedite the construction of the westbound lanes of Route 360 between Swift Creek and approximately Spring Run Road (Route 662) by advancing monies for the improvement of this roadway section, hereinafter referred to as project 0360-020-131, PE101, R/W201, C501, and referred to as the "Project"; and WHEREAS, the benefits of advancing the project will inure to the Department, County, and motorists traveling on Route 360, and will secure and promote the health, safety, and general welfare of the inhabitants. NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. Nothing herein shall be construed as creating any personal liability on the part of any officer, employee, or agent of the parties, nor shall it be construed as giving any rights or benefits to anyone other than the parties hereto. 2. This Agreement shall be binding upon the parties hereto, and their respective successors and assigns. 3. This Agreement may be modified with the mutual consent of the Department and the County. 4. Nothing in this Agreement shall obligate the County to expend any funds in excess of funds agreed upon in this Agreement. In addition, the Board of Supervisors shall not be obligated to appropriate any additional funds for the purpose of this Agreement. 5. In order to expedite the construction of the project, the County agrees to provide the Department $1,000,000 in advance funding for the construction of the project upon written notice to the County from the Department that the Department has awarded a construction contract for completion of the project. Subject to 6. below, the Department agrees to repay the County $1,000,000, without interest, no later than July 5, 2007. 6. The Department is not required to make any payment under this Agreement in excess of appropriated funds; provided, however, that the Department shall affirmatively support and recommend to the Commonwealth Transportation Board and others, at a minimum, retention of the funding schedule, and continued allocation and appropriation of the funding amounts, contained in the FY04-FY09 Six Year Improvement Program for the improvement of Route 360 between Swift Creek and Winterpock Road. Nor shall the Department take any action itself to delay such funding schedule or reduce such allocation or appropriation. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. ATTEST: APPROVED AS TO FORM: County Administrator BY: Attorney WITNESS: APPROVED AS TO FORM; BY: COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION COMMISSIONER OFFICE OF THE ATTORNEY GENERAL VDOT FISCAL DIVISION 360 WIDENING VDOT / COUNTY LOAN 0.5 0 0.5 I Miles CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 1 Meetin~l Date: October 8, 2003 Item Number: 8.C.7. Subiect: Appropriation of $55,000 to the Industrial Development Authority for Purposes of an Economic Development Grant to HCA Healthcare County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to Appropriate $55,000 from the Economic Development Incentive Reserve to the Industrial Development Authority. Summary of Information: HCA Healthcare has recently chosen Chesterfield County over Nashville, TN and Atlanta, GA for expansion of its regional service center located in Chesterfield County. HCA Healthcare will continue to lease 80,000 square feet of office space in the Boulders while adding approximately 140 full time jobs. HCA Healthcare will be investing over $1.8 million in new equipment and will be contributing significantly to the tax base in the County. Economic Development staff has been working with HCA Healthcare to bring the additional 140 jobs to the County and, as an inducement to expanding here, we are recommending that a $55,000 Economic Development Grant be awarded to the company by the Industrial Development Authority. Staff recommends appropriating $55,000 to the Industrial Development Authority to be awarded to HCA Healthcare contingent upon a performance agreement being entered into between the IDA and HCA Healthcare. This agreement outlines HCA Healthcare's commitment to invest at least $1.8 million in new equipment and create at least 140 full time jobs in the County. Preparer: James G. Dunn Attachments: Yes Title: Director, Economic Development  '~No # 000086 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: October 8, 2003 Budget and Management Comments: This item requests the Board to appropriate $55,000 from the Economic Development Incentive Reserve account to the Industrial Development Authority for the purpose of awarding a grant to HCA Healthcare for expansion of regional services as well as creation of at least 140 full time jobs in the County, subject to execution of a performance agreement. The balance in the Economic Development Incentive Reserve account is $264,121; use of $55,000 will leave an available balance of $209,121. Preparer: Rebecca T. Dickson Title: Director, Budget and Mana.qement 000087 ECONOMIC DEVELOPMENT TO: Chesterfield County Board of Supervisors FROM: James G. Dunn, Economic Development DATE: September 26, 2003 SUBJECT: HCA Healthcare Grant Summary At the October 8, 2003 Board of Supervisors meeting the Board of Supervisors will be asked to authorize a $55,000 Economic Development Grant to the Chesterfield IDA on behalf of HCA Healthcare. To recap: · The are expanding their Regional Service Center located in the Boulder Office complex · They will continue leasing 80,000 square feet in Boulders VIII and VII buildings. Going to a double shift will accommodate additional employees and require construction of new parking area · The expansion at the Boulders location solidifies their reputation within the HCA family of providing high quality, efficient and cost effective service at the Chesterfield site · 140 additional jobs will be created at this location with the prospect of new hires going as high as 200 · Average salary is estimated to be $33K. Salaries will range from $28-$38K · Competition was Nashville, TN and Atlanta, GA. · Investment in equipment is expected to be $1.8M, not including lease costs · Incentive offered is $55,000 for leasehold improvements · A performance contract to meet agreed upon employment and investment levels for the next three years be signed before disbursement of incentive money 1119401 Courthouse Road, Suite B P.O. Box 760 Chesterfield, Virginia 23832 Phone: (804) 748-3963 FAX: (804) 796-3638 E-maik cced@chesterfieldbusiness.corn Web URL: ChesterfieldBusiness.com 000088 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: October 8, 2003 Item Number: 8.-~.8. Subiect: Approval of a Change Order to S. W. Rogers Construction Company Incorporated in the Amount of $83,893 for the Jail Replacement Project Phase 'A' Site Work County Administrator's Comments: //~_~ County Administrator: ~ Board Action Requested: Authorize the County Administrator to execute a change order with S. W. Rogers Construction Company Inc. in the amount of $83,893 for the removal and replacement of poor soils for the Jail Replacement project phase 'A' site work. Summary of Information: Throughout the life of the project to date, the contractor has had to remove and replace poor soils at the direction of the geotechnical engineer and the site civil engineer in both the future building pad and the many utility trench relocations that have taken place during this phase of the project. The $83,893 represents the total cost of this work from the commencement of the project through completion of phase 'A' and is contained in two separate proposals from the contractor. Unit prices were established by the original contract for this work and quantities have been verified in the field by county staff. Preparer: Francis M. Pitaro Title: Director of General Services Attachments: -] Yes No 000089 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meetinq Date: October 87 2003 Budget and Management Comments: This item requests that the Board authorize a change order to the construction contract with S. W. Rogers in the amount of $83,893 for the removal and replacement of poor soils discovered during the jail replacement project's phase A site work. There are adequate funds in the project's contingency allocation to cover these costs. Upon completion of the project the county will submit an application for reimbursement to the Virginia Department of Corrections of 25% of these costs. Preparer: Rebecca T. Dickson Title: Director1 Budget and Manaqement ooOoao CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of 2 Meetin~l Date: October 8, 2003 Item Number: 8.~,~9. Subiect: Award of Construction Contract for County Project #01-0204, Bailey Bridge Force Main - Phase IV County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to award the construction contract to G.V. Layne Contracting, Inc., in the amount of $1,264,669.50 and authorize the County Administrator to execute the necessary documents. Summary of Information: This project consists of construction of approximately 5,000 linear feet of 42-inch diameter sewer force main. Staff received four (4) bids ranging from $1,264,669.50 to $1,966,209.30. The lowest bid was in the amount of $1,264,669.50 submitted by G.V. Layne Contracting, Inc. The county's engineering consultant, R. Stuart Royer & Associates, evaluated the bids and recommends award of the contract to the low bidder, G.V. Layne Contracting, Inc. Funds are available in the current CIP. District: Dale Preparer: Roy E. Covington, P.E. Title: Assistant Director of Utilities Attachments: -~ Yes No #00009 . CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Meeting Date: October 8, 2003 Budget and Management Comments: This item requests that the Board of Supervisors award a construction contract in the amount of $1,264,669.50 to G.V. Layne Contracting, Inc. to build approximately 5,000 linear feet of 42-inch diameter sewer force main. Sufficient funds are available for the contract in the CIP in county project number 01-0204E, Bailey Bridge Force Main - Phase IV. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement OOO092 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 8, 2003 Item Number: 8.~.10.a. Subiect: Acceptance of a Parcel of Land Along the West Right of Way Line of Mt. Hermon Road from Glen V. and Celia R. Healey County Administrator's Comments:~~ County Administrator: BoardActionRequested: Accept the conveyance of a parcel of land containing 1.05 acres along the west right of way line of Mt. Hermon Road (State Route 606) from Glen V. and Celia R. Healey, and authorize the County Administrator to execute the necessary deed. Summary of Information: It is the policy of the county to acquire right of way whenever possible through development to meet the ultimate road width as shown on the County Thoroughfare Plan. The dedication of this parcel conforms to that plan, and will decrease the right of way costs for road improvements when constructed. District: Matoaca Preparer: John W. Harmon Title: Ri.qht of Way Mana.qer Attachments: Ycs -~No 000093 VICINITY SKETCH Acceptance of a parcel of land along the west right of way line of Mt. Hermon Road from Glen V. and Celia R. Healey Chesterfield County Department of Utilities Right Of Way Office 0000~4 0 ~0095 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 8, 2003 Item Number: 8.C.10.b. Subiect: Acceptance of a Parcel of Land Along the West Right of Way Line of Chester Road from Charles M. and Carol B. Landen County Administrator's Comments: County Administrator: Board Action Requested: Accept the conveyance of a parcel of land containing 0.066 acres from Charles M. and Carol B. Landen, and authorize the County Administrator to execute the deed. Summary of Information: Staff requests that the Board of Supervisors accept the conveyance of a parcel of land containing 0.066 acres along the west right of way line of Chester Road (State Route 144). This dedication is for the development of Chester Road Auto Service & Wash. Approval is recommended. District: Bermuda Preparer: John W. Harmon Attachments: Yes r--]No Title: Ri.qht of Way Mana.qer # 000096 VICINITY SKETCH ACCEPTANCE OF A PARCEL OF LAND ALONG THE WEST RIGHT OF WAY LINE OF CHESTER ROAD FROM CHARLES M. AND CAROL B. LANDEN N Chesterfield County Department of utr~e~ Right Of Way Ofllea 000097 CURVE TABLE LINE TABLE CURVE ~ DELTA RADIUS LENGTH CHORD DIRECTION LINE DIRECTION DISTANCE C1 41'4~3'~){)" 29.50' 21.49' 21.01' N 35'49'06" W~ L1 $ ~'25'13" E 10.92' C2 1'31'36" 31~1~.47' ! I~1,~' 101.58' S 06~3'11" E L2 S 46~3'11" [ 49.74' ~ C5 ~'41'~" 3~60.7~' 47.~9' 47.09' iS 09'27'20" E L3 ~ 4~'0~'11" E 6.03' ' L4 S 80~1'42" W 32.85' L5 N 09'41'26" W 77.61' ~ L6 . N 01'41'56" W 116.5~' CENT~L[A ROAD S.R. 145 , ~O~  VARIABLE R/W ~ ', - ~ [ <, ~ ~IN: 7~66391870~00 ~ , [ ~1~ . 4301 CENTRALIA R0~ ( ~ ~ [ . ~ ~[ O.B. 4536, PG. 927 ¢~ Ex. 50' ~ D.B. 208, P6 173 ~ , x .066 ACRES PARCEL A CHARLES M. ~ CAROL ~ '~ ~[ N 3663604.12 LANDEN , GPIN: 786663906400000 4311 CEN~AILIA ROAD ~ ~ ) ', [ ACCESS EASEMENT .... ~.. ~ - - ~ B~EPARATE ~PCO ~ ~ AGREEMENT PT. GPIN: 78~553923800000 10350 CHES~R ROAD ~ ,o. ~o6,. ~, TO BE DEDICATED TO THE COUN~ OF CHESTEAFZELD o ,o SCALE IN FEET ~R~ I ~NA I ~N~ COU~ PRO3. · 01-0187 ~ S~E P~N ~. 02PR0327 ~=~Wme~D*T~ YOUR~g~O~R~HOU~. DATE:FEB, 21, 2003 SCALE: ~"=60' 42~i~'l~V~2~TS SHELL OF 1 3.N.:20275 Site ~e~e~t~, lc ~lden~al ~ Znfra~u~ure I T~hnology D~WN BY: A. HANSON CHECK BY: M. NAUL~ TIM'NONS. GROUP .-". '. LINE TABLE LINE DIRECTION DISTANCE L1 $ {1~'25'13" E 10.92' L2 S 46~3'11" E 49.74' L3 ~ ¢5'0~'11" E 6.03' L4 S 80'11'42" w 32.85' L5 N 09'41'26" W 77.61' L6 N 01'41'36" W 116.53' 0095 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 8, 2003 Item Number: 8.~..11. Subject: Request to Quitclaim a Sixteen-Foot Drainage Easement (Public) Across the Property of Swift Creek Land Associates, Limited Partnership County Administrator's Comments: County Administrator: Board Action Requested: Authorize the Chairman of the Board of Supervisors and the County Administrator to execute the Board of Supervisors and the County Administrator to execute a quitclaim deed to vacate a 16' drainage easement (public) across the property of Swift Creek Land Associates, Limited Partnership. Summary of Information: Swift Creek Land Associates, Limited Partnership has requested the quitclaim of a 16' drainage easement (public) across its property as shown on the attached plat. Staff has reviewed the request and recommends approval. District: Matoaca Preparer: John W. Harmon Attachments: Ycs '~No Title: Ri,qht of Way Mana,qer #000099 VICI'NITY SKETCH REQUEST TO QUITCLAIM A SIXTEEN FOOT DRAINAGE EASEMENT (PUBLIC) ACROSS THE PROPERTY OF SWIFT CREEK LAND ASSOCIATES, LIMITED PARTNERSHIP BRAD MCNEER N Chesterfield County Department of Utllrdes RIgN Of Way Oflloe OO0100 T =, 17.80' DELTA ,- 70'54'22" ',, '~ \ ,_c:o~ c.. e RO. ,.1'01'22"W ', I c.t - ~o~.so' ; ; ,ooo SWI~ CREEK ~D ~SOC~TES ~ DB 4446 PG 456 , ~ .... 70 ' . GPIN~ 732-674-5945-00000 ~ I. · ~332~ HU~ ST~ eOAD ,, u,.'~- ~.~,' / 495.00' V' ~ /1 CH - 288.59' ~.~,' ,~ ~.' .:' ,. ~.~o ~ '~0 A~ON ~ ~ ~ ~ 0~0, ~ ~ ~o-. y.~ ~, ~ ~ ~ ~O) ~ ~ ~ ,~' S~ * / <~'~-- ~'g~ ~ ~ ~-,, EXIST. 50' /~ .~ ..... ~ ~0~ ~ ~6-' ' SAN. S~ER j ~ = "~,.~ .~ ~S~E~ ~ R = 495.00 DB 1178, I c. BRG -S74'28'32"E , ~H - 887.68' ' PLAT SHOWING A 16' \ DRAINAGE EASEMENT(PUBLIC) ACROSS THE PROPERTY OF SWIFT CREEK LAND ASSOCIATES MATOACA DISTRICT - CHESTERFIELD CO., VA. DATE: MAY 28, 2002 SCALE: 1" = 100' REV.: JUNE 12, 2002 Joseph, Cox & Associates, Inc. 1905 Huguenot Road, Suite 303, Richmond, VA 23235 (804) 897-8887 Fax (804) 897-5959 CIVIL ENGINEERING LAND SURVEYING LAND PLANNING O( COUNTY PROJECT NO.: 00-0014 I CASE NO.: 01PR0204 I JOB NO.; 22182-20240 ~)101 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 8, 2003 Item Number: 8.C.12. Subject: Transfer of $5200 in District Improvement Funds to the Chesterfield County Historical Society to Reprint the "Chesterfield, an Old Virginia County 1607- 1954" Book Written by Francis Earle Lutz County Administrator's Comments: County Administrator: Board Action Requested: Transfer of $5200 in District Improvement Funds to The Chesterfield County Historical Society to reprint the "Chesterfield, an Old Virginia County 1607- 1954" book written by Francis Earle Lutz. Summary of Information: The Chesterfield County Historical Society has requested that the Board transfer $1,040 from each of the District Improvement Funds to cover the costs associated with reprinting the book "Chesterfield, an Old Virginia County 1607-1954." It is legally appropriate to use public funds for this purpose under Va. Code § 15.2-953B, since the Chesterfield County Historical Society is a non-profit organization that was formed to commemorate historic events relating to Chesterfield County. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Title: Director, Budget & Manaqement 0425:63082.1 Attachments: Yes ~-] No #000~.02 DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give Public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? Chesterfield Historical Society of Virginia If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to application.) _So collect, interpret and ~romote Chesterfield's his,~ory What is the amount of funding you are seeking? $5,200 Describe in detail the funding request and how the money, if approved, will be spent. Funds will be used to reprint the "Chesterfield, An Old Virginia County 1607-1954 book written by Francis Earle Lutz. This will be the fourth reprint. These Doo~s have Deen out of stock for many years. Is any County Department involved in the project, event or program for which you are seeking funds? No If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 0407:23380.1 This should fully fund the reprint of this book. 000:1.03 Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? The Historical Society is a Yes No Yes × No Yes No 501-(C) 3 organization What is the address of the applicant making this funding request? Chesterfield Historical P. O. Box 40 10201 Iron Bridge Rd. Chesterfield, Va. 23832 Society What is the telephone number, fax number, e-mail address of the applicant? tQnA% 777--g 66_q 777-9643 Signature of applicant. If you are signing on behalf of an organization you must be the oP rr evSiicdee_r~ai~ ~ r~:itdh~ntir ~ ~ ~iirz a~ia~ i r e ct ° r President Title (if signing on behalf of an organization) Printed Name September 12, 2003 Date 0407:23380.1 000~.04 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: Subiect: October 8, 2003 Item Number: 8.C.13. Transfer 5,000 from the Clover Hill District Improvement Funds to the Parks and Recreation Department to Construct a Dog Park at Rockwood Park County Administrator's Comments: County Administrator: Board Action Requested: Transfer 5,000 from the Clover Hill District Improvement Funds to the Parks and Recreation Department to construct a dog park at Rockwood Park. Summary of Information: Supervisor Warren has requested the Board to transfer $5,000 in District Improvement Funds to the Parks and Recreation Department to construct a "dog park" at Rockwood Park. The dog park would be a fenced area in which dogs owned by County citizens could exercise off-leash. The Board is legally permitted to transfer public funds to a county department to improve public property for a public purpose. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Attachments: Title: Director, Budget and Manaqement 0425(05) :63145.1 Yes ~ No DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally 'consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding \ " request ? ~]~2_-~t C~ If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to application.! t~ What is the amount of funding you are seeking? Describe in detail the funding request and how the money, if approved, will be spent. ~ V~-~ is any County Department involved in the project, event or program for which you are seeking funds? If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 0407:23380.1 Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? What is the address of the applicant making this funding request? What is the telephone number, fax number, e-mail address of the applicant? Yes No Yes No Yes No Signature of applicant. If you are signing on behalf of an organization you must be the president, vice-president, chairman/director or vice-chairman of the organization. ~SJgnature(~(~(j~ ~~ (~'~ Title (if signing on behalf of an organization) Printed Name Date 0407:23380.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 8, 2003 Item Number: 8.C.14. Subject: Transfer $5,300 in Bermuda District Improvement Funds to the Department of Environmental Engineering to Purchase Pipe to be Installed in a County Drainage Easement to Eliminate Flooding at the Intersection of Ecoff Road and DeLavial Street County Administrator's Comments: County Administrator: Board Action Requested: Transfer $5,300 in Bermuda District Improvement Funds to the Department of Environmental Engineering to purchase pipe to be installed in a county drainage easement to eliminate flooding at the intersection of Ecoff Road and DeLavial Street. Summary of Information: A request has been made by the Department of Environmental Engineering to transfer $5,300 from Bermuda District Improvement Funds to the Department of Environmental Engineering to eliminate flooding at the intersection of Ecoff Road and DeLavial Street and on surrounding properties. VDOT has drainage pipes at the intersection, which are old and substantially collapsed. As part of a VDOT project to replace these pipes, the county needs to install "outfall' pipes within a county drainage easement to eliminate flooding problems on two nearby residential lots. The outfall pipes will also prevent flooding from occurring on three residential lots on DeLavial Street, which will be developed in the future. The Board can transfer public funds to a county department to improve county easements for a public purpose. For information regarding available balances in the District Improvement Fund accounts, please reference the District Improvement Fund Report. Preparer: Rebecca T. Dickson Title: Director, Budget and Manaqement 0425:63085.1 Attachments: -~No DISTRICT IMPROVEMENT FUNDS APPLICATION This application must be completed and signed before the County can consider a request for funding with District Improvement Funds. Completing and signing this form does not mean that you will receive funding or that the County can legally consider your request. Virginia law places substantial restrictions on the authority of the County to give public funds, such as District Improvement Funds, to private persons or organizations and these restrictions may preclude the County's Board of Supervisors from even considering your request. What is the name of the applicant (person or organization) making this funding request? If an organization is the applicant, what is the nature and purpose of the organization? (Also attach organization's most recent articles of incorporation and/or bylaws to application.) J What is the amount of funding you are seeking? Describe in detail the funding request and h.,o.w.the money, if approve, d, .will be spent. O~ ~ .-h " "' Is ~ny County Department involved in the project, event or program for which you are seeking funds? If this request for funding will not fully fund your activity or program, what other individuals or organizations will provide the remainder of the funding? 0407:23380.1 Page 2 If applicant is an organization, answer the following: Is the organization a corporation? Is the organization non-profit? Is the organization tax-exempt? Yes No Yes No Yes No What is the address of the applicant making this funding request? What is the telephone number, fax number, e-mail address of the applicant? Signature of applicant. If you are signing on behalf of 'an organization you must be the president, vice-president, chairman or vice- chairman of the organization. Signature Title (if ~gni~g on be~alf~ an organization) Printed Name September 12, 2003 DATE 0407:23380.1 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: October 8, 2003 Item Number: 10.A. Subject: Developer Water and Sewer Contracts County Administrator's Comments: County Administrator: ~ Board Action Requested: The Board of Supervisors has authorized the County Administrator to execute water and/or sewer contracts between County and Developer where there are no County funds involved. The report is submitted to Board members as information. Summary of Information: The following water and sewer contracts were executed by the County Administrator: 1. Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 00-0319 The Timbers at Summerford B. J. Summerford, LLC Piedmont Construction Company, Inc. Water Improvements - Wastewater Improvements - Matoaca $40,711.25 $69,396.25 Preparer: Craiq S. Bryant Title: Director of Utilities Attachments: ~--~ Yes No 000 [05 Agenda Item October 8, 2003 Page 2 o o Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: Contract Number: Project Name: Developer: Contractor: Contract Amount: District: 00-0320 Katherman Harbourpoint - Harbour Park Drive Katherman and Company, Inc. Bookman Construction Company Water Improvements - Wastewater Improvements - Clover Hill 00-0381 Summerford - The Woods, Section B B. J. Summerford, LLC Piedmont Construction Company, Inc. Water Improvements - Wastewater Improvements - Matoaca 02-0451 Charter House Swim & Racquet Club B. B. Hunt, LLC Rhyne Contractors, Inc. Water Improvements - Wastewater Improvements - Matoaca 03-0026 Collington, Section 3 Douglas R. Sowers Coastal Utilities, Inc. Water Improvements - Wastewater Improvements - Matoaca $38,060.00 $27,240.00 $62,275.00 $79,771.25 $28,270.00 $18,686.70 $74,192.00 $132,536.50 000 .06 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 8, 2003 Item Number: 10.B. Subject: Status of General Fund Balance, Reserve for Future Capital District Improvement Fund, and Lease Purchases County Administrator's Comments: Projects, County Administrator: Board Action Requested: Summary of Information: Preparer: Lane B. Ramsey Title: County Administrator Attachments: Yes ~-] No O0010? BOARD MEETING DATE 07/01/03 CHESTERFIELD COUNTY GENERAL FUND BALANCE October 8, 2003 DESCRIPTION FY2004 Budgeted Beginning Fund Balance AMOUNT BALANCE $36,604,300 *Pending outcome of FY2003 Audit Results 000:1.08 Board Meeting Date CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS TRADITIONALLY FUNDED BY DEBT October 8, 2003 Description FOR FISCAL YEAR 2002 BEGINNING JULY 1, 2001 4/4/2001 FY02 Budgeted Addition 4/4/2001 FY02 Capital Projects 7/25/2001 County's Master Plan Update 9/26/2001 Video equipment for Circuit and General District Courts 10/24/2001 360 West Corridor Plan 11/14/2001 Building Improvements (County Administration) 11/14/2001 Security Enhancements (MH/MR and County Administration) 2/27/2002 Consultant study to develop revitalization/ development strategy for the Cloverleaf Mall Area 4/24/2002 Settlement of the Route 10 widening condemnation lawsuit with Heritage Chevrolet 4/24/2002 Government Center Parkway Project - partial funding ($1.25 million project) FOR FISCAL YEAR 2003 BEGINNING JULY 1, 2002 4/10/2002 FY03 Budgeted Addition 4/10/2002 FY03 Capital Projects 8/28/2002 Purchase land for athletic facilities at Spring Run Elementary School, closing costs, and environmental assessment FOR FISCAL YEAR 2004 BEGINNING JULY 1, 2003 4/9/2003 FY04 Budgeted Addition 4/9/2003 FY04 Capital Projects Amount 8,800,000 (7,579,700) (85,000) (90,000) (70,000) (170,000) (107,000) (S0,000) (250,000) (75,000) 8,600,000 (7,277,800) (140,000) 9,354,000 (8,559,300) Balance 9,988,012 2,408,312 2,323,312 2,233,312 2,163,312 1,993,312 1,886,312 1,836,312 1,586,312 1,511,312 10,111,312 2,833,512 2,693,512 12,047,512 3,488,212 000'109 Board Meeting Date 7/23/2003 9/21/2003 CHESTERFIELD COUNTY RESERVE FOR FUTURE CAPITAL PROJECTS TRADITIONALLY FUNDED BY DEBT October 8, 2003 Description National search for a developer to revitalize the Cloverleaf Mall area Debris pick-up program due to Hurricane Isabelle Amount (44,000) (1,ooo,ooo) Balance 3,444,212 2,444,212 000 . .0 Prepared by Accounting Department September 30, 2003 Date Began 04/99 06/99 1/01 03/01 04/01 11/00 09/01 03/03 SCHEDULE OF CAPITALIZED LEASE PURCHASES APPROVED AND EXECUTED Description Public Facility Lease - Juvenile Courts Project School Copier Lease #1 - Manchester High School Certificates of Participation - Building Construction, Expansion and Renovation; Acquisition/Installation of Systems Telephone System Upgrade School Copier Lease #2 - Manchester High School School Copier Lease #3 - Chester Middle School School Server Lease Certificates of Participation - Building Construction, Expansion and Renovation TOTAL APPROVED AND EXECUTED Original Amount $16,100,000 43,587 13,725,000 1,222,411 20,268 20,268 278,372 6,100,000 $37,509,906 PENDING EXECUTION Description None Date Ends 11/19 05/04 11/21 03/05 03/06 09/05 O7/O5 11/23 Outstanding Balance O9/3O/O3 $13,685,000 7,697 12,805,000 280,835 11,327 9,271 113,886 6,100,000 $33,013,016 Approved Amount 000:1.:I.2 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 8, 2003 Item Number: 14.A. Subject: Recognizing Darren Linzey Faulkner, Troop 806, Sponsored by Woodlake United Methodist Church, and Scott William Decker, Troop 800, Sponsored by Bethel Baptist Church, Upon Attaining Rank of Eagle Scout County Administrator's Comments: County Administrator: Board Action Requested: Adoption of attached resolutions Summary of Information: Staff has received requests for the Board to adopt resolutions recognizing Darren Linzey Faulkner, Troop 806, and Scott William Decker, Troop 800, upon attaining the rank of eagle scout. Both will be present at the meeting, accompanied by members of their family, to accept the resolutions. Matoaca District Darren Linzey Faulkner Parents: David and Betty Midlothian District Scott William Decker Parents: Denise and Nell Preparer: Lisa H. Elko Attachments: Yes Title: Clerk to the Board 00113 RECOGNIZING MR. DARREN LINZEY FAULKNER UPON ATTAINING THE RANK OF EAGLE SCOUT 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 twenty-one 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 his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Darren Linzey Faulkner, Troop 806, sponsored by Woodlake United Methodist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Darren has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 8th day of October 2003, publicly recognizes Mr. Darren Linzey Faulkner, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. 000 .4 RECOGNIZING MR. SCOTT WILLIAM DECKER UPON ATTAINING THE RANK OF EAGLE SCOUT 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 twenty-one 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 his community, being active in the troop, demonstrating Scout spirit, and living up to the Scout Oath and Law; and WHEREAS, Mr. Scott William Decker, Troop 800, sponsored by Bethel Baptist Church, has accomplished those high standards of commitment and has reached the long-sought goal of Eagle Scout, which is earned by only four percent of those individuals entering the Scouting movement; and WHEREAS, growing through his experiences in Scouting, learning the lessons of responsible citizenship, and endeavoring to prepare himself for a role as a leader in society, Scott has distinguished himself as a member of a new generation of prepared young citizens of whom we can all be very proud. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 8th day of October 2003, publicly recognizes Mr. Scott William Decker, extends congratulations on his attainment of Eagle Scout, and acknowledges the good fortune of the County to have such an outstanding young man as one of its citizens. 0001IS CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: October 8, 2003 Item Number: 14.B. Subject: Resolution Recognizing the 2003 Central Chesterfield Little League Fifteen- Year-Old National Invitational Ail Stars for Its Outstanding Representation of Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to recognize Central Chesterfield Little League fifteen-year-old National Invitational Ail Stars for their outstanding commitment to excellence and sportsmanship. Summary of Information: The Central Chesterfield Little League 15-year-old division won pool play with a record of 3-1. The team advanced to the Championship game where they came in 1st place becoming National Invitational All-Star Champions. Preparer: Michael S. Golden Title: Director, Parks and Recreation Attachments: Yes [--~ No #000116 RECOGNIZING THE 2003 CENTRAL CHESTERFIELD LITTLE LEAGUE 15-YEAR-OLD NATIONAL INVITATIONAL ALL STARS FOR THEIR EXCELLENT REPRESENTATION OF CHESTERFIELD COUNTY WHEREAS, participation in youth athletics has long been an integral part of Chesterfield County's educational, physical and emotional development for students; and WHEREAS, the 2003 Central Chesterfield Little League 15-year-old division is managed by Glenn Miller and coached by Mike Eugene and Alan Pruett; and WHEREAS, by winning pool play with a record of 3-1 the team advanced to the Championship game where they came in 1st place; and WHEREAS, under the guidance and direction of Mr. Miller, Mr. Eugene, and Mr. Pruett, the team had a win-loss record of 4-1 with players: Mat Fletcher, Patrick Eugene, David Smiy, Brian Hannum, Frankie Sheffield, Dustin Shipp, Bruce Privott, Dylan Waldron, Burton Pegoraro, Jason Walton, Jason Pruett and Colin Innes. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 8th day of October 2003, publicly recognizes the 2003 Central Chesterfield Little League 15-year-old National Invitational All Stars, for their outstanding representation of Chesterfield County, commends them for their commitment to excellence and sportsmanship, and expresses best wishes for continued success. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~l Date: October 8, 2003 Item Number: 14.C. Subiect: Resolution Recognizing the 2003 Central Chesterfield Little League Eight- Year-Old National Invitational All Stars for their Outstanding Representation of Chesterfield County County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to recognize the Central Chesterfield Little League eight-year-old division for their outstanding commitment to excellence and sportsmanship. Summary of Information: The Central Chesterfield Little League eight-year-old division won their pool 3-1, and they advanced to the semi-finals round and won, thereby advancing to the Championship game where they finished in 1st place. Preparer: Michael S. Golden Title: Director, Parks and Recreation Attachments: Yes [-~ No 000118 RECOGNIZING THE 2003 CENTRAL CHESTERFIELD LITTLE LEAGUE EIGHT-YEAR-OLD NATIONAL INVITATIONAL ALL STARS FOR THEIR EXCELLENT REPRESENTATION OF CHESTERFIELD COUNTY WHEREAS, participation in youth athletics has long been an integral part of Chesterfield County's educational, physical and emotional development for students; and WHEREAS, the 2003 Central Chesterfield Little League eight-year-old National Division is managed by Steve Moore and coached by Kenny Mitchell, Brian Douglass and Chuck Smith; and WHEREAS, by winning their pool 3-1, the Central Chesterfield Little League eight-year-old National Division advanced to the semi-finals round and won, thereby advancing to the championship game where they finished in first place; and WHEREAS, under the guidance and direction of Mr. Moore, Mr. Mitchell, Mr. Douglass and Mr. Smith, the team had a win-loss record of 5-1 and won their pool with players: Dylan Burnette, Brian Douglass, Jimmy Emory, Bryce Harman, Alana Harris, Tanner Mitchell, Jacob Moore, Cody Perry, Joshua Romano, Alex Smith, Joshua Wright, Matthew Saunders. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 8tn day of October 2003, publicly recognizes the 2003 Central Chesterfield Little League eight-year-old National Invitational All Stars for their outstanding representation of Chesterfield County, commends them for their commitment to excellence and sportsmanship, and expresses best wishes for continued success. 000 . .9 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 8, 2003 Item Number: 14.D. Subject: Resolution Recognizing October 2003, as "Domestic Violence Awareness Month" County Administrator's Comments: County Administrator: Board Action Requested: The Chesterfield County Domestic Violence Resource Center, violence task force and service providers request the October 2003, as Domestic Violence Awareness Month." county domestic Board proclaim Summary of Information: Domestic Violence Awareness month is observed in Chesterfield County and nationwide as a gesture to draw attention to the harsh reality of violence in the home and the work being done to end this violence. Activities throughout the month remember those who have lost their lives as a result of domestic violence, celebrate those who survive, and to support those who work all year to provide safety and support to victims and their children. County domestic violence staff, service providers and citizens request the clerk read the attached resolution and present to Janett Forte, Domestic Violence Resource Center coordinator, Sharon Lindsay, Police Department DV coordinator, Larry Barnett, CSB, and members of the Chesterfield County Domestic Violence Task Force. Preparer: Bradford S. Hammer Attachments: Ycs Title: Deputy County Administrator, Human Services [-~No # O00~ZO RECOGNIZING OCTOBER 2003, AS "DOMESTIC VIOLENCE AWARENESS MONTH" WHEREAS, violence in the home continues as a major social problem affecting all members of the family and community and dramatically reduces the quality of life for many citizens; and WHEREAS, we understand the problems of domestic violence occur among people of all ages and in families of all economic, racial, and social backgrounds; and WHEREAS, the crime of domestic violence violates an individual's privacy, dignity, security, and humanity, due to systematic use of physical, emotional, sexual, psychological and economic control and abuse; and WHEREAS, the impact of domestic violence is wide ranging, directly affecting women, men and their children and our community as a whole; and WHEREAS, Chesterfield County is committed to supporting the well being of families by advocating for intervention and prevention activities that decrease the incidents of domestic violence; and WHEREAS, only a coordinated and integrated effort, which obtains a commitment from all elements of the community to share responsibility in the fight against domestic violence, will put an end to the horrific crime. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 8th day of October 2003, public recognizes October 2003, as "Domestic Violence Awareness Month" and urges all citizens to actively support the efforts of the Chesterfield County Domestic Violence Resource Center, the Chesterfield Domestic Violence Task Force and our local domestic violence service providers in working towards the elimination of domestic violence in our community. CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 1 Meetin~ Date: Subject: October 8, 2003 Item Number: 14.E. Resolution Recognizing October 14 2003, as "Christmas Mother Day" County Administrator's Comments: County Administrator: Board Action Requested: Adopt the attached resolution. Summary of Information: Ms. Mary Blackwood has been elected Christmas Mother for 2003. be present at the meeting to accept the resolution. She will Preparer: Lisa H. Elko Attachments: Yes ~ No Title: Clerk to the Board 000122 RECOGNIZING OCTOBER 14, 2003, AS ~CHRISTMAS MOTHER DAY" WHEREAS, most families in Chesterfield County enjoy peace and happiness during the Christmas holidays; and WHEREAS, there are many, including children, the elderly and the less fortunate, who do not have the means to enjoy this special time of year; and WHEREAS, the Chesterfield/Colonial Heights Christmas Committee has successfully provided food, gifts, and clothing to many of our citizens in the past; and WHEREAS, Ms. Mary Blackwood has been elected Christmas Mother for 2003 and requests support of all the citizens of the county to ensure that those less fortunate may enjoy this special season of the year. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors publicly recognizes October 14, 2003 as "Christmas Mother Day" and urges all citizens of Chesterfield County to support this worthy endeavor. AND, BE IT FURTHER RESOLVED, that the Board of Supervisors publicly commends the Christmas Committee for their very successful efforts in past years and extends best wishes for a successful 2003 season. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Ms. Blackwood and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. O00:l.;8,.'.q CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 1 of 2 Meetin~l Date: October 8, 2003 Item Number: 16.A. Subject: Public Hearing to Consider Re-adoption of an Ordinance Amending County Code § 9-133 and Adding County Code § 9-134 to Allow the County to Collect a Fee as Court Costs in Juvenile and Domestic Relations District Court and Circuit Court to Defray the Cost of Operating the County's Police and Sheriff's Training Academies County Administrator'sComments: /~_d~c~ ~'~ ~ ~ County Administrator: Board Action Requested: Staff requests that the Board of Supervisors readopt the attached ordinance. Summary of Information: On September 17, 2003, the Board adopted the attached ordinance on an emergency basis and set October 8, 2003, for the public hearing to consider re-adoption of the ordinance. When an ordinance is adopted on an emergency basis, the Board must hold a public hearing and readopt the ordinance within 60 days or else the ordinance will no longer be effective. The Board recently adopted County Code § 9-133 to assess a $1.00 fee upon conviction of a misdemeanor or traffic offense in general district courts. A concern was raised that the ordinance could be interpreted as not including cases adjudicated in both general district and juvenile and domestic relations district courts. Staff is recommending a technical amendment to Preparer: Rebecca T. Dickson Attachments: Title: Yes I----'1 No Director, Budget and Management 62846.2 (62847.1) # O00:l. Z4 CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 the section to clarify that the $1.00 fee can also be collected in the juvenile and domestic relations district courts. The use of the term ~district court" in the ordinance is consistent with the definition employed in the State Code that includes juvenile and domestic relations courts and will eliminate any potential ambiguity in the ordinance. It is estimated that the fee will apply in 6,000 - 7,500 cases annually in the juvenile court, in addition to approximately 40,000 cases in the general district court. The fees collected would be split 70% - 30% between the police and sheriff academies. In addition, the State Code establishes fixed fees to be collected by the circuit court in certain criminal and traffic cases. Each fee is apportioned so that $1.00 is allocated to support regional criminal justice training academies. Effective July 1, 2003, Virqinia Code § 9.1-106 was amended to allow a locality to charge a similar fee if they do not participate in a regional academy but were operating a certified independent criminal justice training academy as of January 1, 2003. The County meets the criteria set forth in the State Code and operates both a police and sheriff's certified training academy. The attached ordinance proposes collecting a $1.00 circuit court fee as court costs upon conviction for the offenses set forth in the enabling legislation to support the funding of the County's police and sheriff training academies. It is estimated that there are approximately 3,000 - 4,000 cases per year in the circuit court that would be subject to this fee. The fees collected would be split 70% - 30% between the police and sheriff academies. 62846.2 (62847.1) 000 _ 5 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTION 9-133 AND BY ADDING SECTION 9-134 RELATING TO FEES COLLECTED FOR CRIMINAL AND TRAFFIC CONVICTIONS IN DISTRICT COURTS AND CIRCUIT COURT TO SUPPORT CRIMINAL JUSTICE TRAINING ACADEMIES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-133 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Section 9-133. Collection of fee in ...... ~ district courts to support criminal justice training academies. (a) The county hereby assesses a fee of $1.00, as court costs in the gene~ district courts, for misdemeanors, traffic offenses, and criminal actions or proceedings for violation of any provision of Code of Virginia, tit. 18.2, ch. 7, art. 1, (§§ 18.2-247 et seq.), as amended. (b) Assessment of the fees provided for in this section shall be based on: (i) an appearance for court hearing in which there has been a finding of guilty; (ii) a written appearance with wavier of court hearing and entry of guilty plea; (iii) for a defendant failing to appear, a trial in his or her absence resulting in a finding of guilty; (iv) an appearance for court hearing in which the court requires that the defendant successfully complete traffic school or a driver improvement clinic, in lieu of a finding of guilty; or (v) a deferral of proceedings pursuant to Code of Virginia §§ 4.1-305, 16.1-278.8, 16.1-278.9, 18.2-57.3, 18.2-67.2:1, 18.2-251 or 19.2-303.2, as amended. (c) After collection by the clerk of the district court, the fee shall be remitted to the county treasurer and held in a special nonreverting fund that will be used solely to support the Police and Sheriff Departments' criminal justice training academies. (2) That Section 9-134 of the Code of the County of Chesterfield, 1997, as amended, is added to read as follows: Section 9-134. Collection of fee in circuit court to support criminal justice training academies. Pursuant to Code of Virginia §9.1-106, as amended, the county hereby assesses a fee of $1.00, as court costs in the circuit court, for those cases as provided in Code of Virginia §§17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.7, 17.1- 275.8, and 17.1-275.9, as amended. 1325:62847.1 O00~t~6 Revised 09/08/03 (b) After collection by the clerk of the circuit court, the fee shall be remitted to the county treasurer and held in a special nonreverting fund that will be used solely to support the Police and Sheriff Departments' criminal justice training academies. That this ordinance with respect to Section 9-133 shall become effective immediately upon adoption. That this ordinance with respect to Section 9-134 shall become effective on October 1, 2003. 1325:62847.1 000~.27 Revised 09/08/03 An Affiliate of Media Genera~ Advertising Affidavit (This is not a bill. Please pay from invoice) O. Bo× 85333 Virginia ;23293-0001 {804) 649~6000 ATTN IJSA CHR,~TRR FIFJ ,D VA [ Account ? ] Date Code Description TAKF NOTICF, TAKR NOTICE THAT THE R()ARD C) 3 00 x 2500 ATTACH HERE lVledia General Operations, Inc. Publisher of THE R~CHIVION D TIMES. DISPATCH TwhiS is to certify that the attached TAKF NC)T1CRTAKF. NC)TIC[ as published by RiChmond Newspapers, Inc. in the C~ty of Richmond~ State of Virginia, on the following dates: 09/24/2003 ~ 0/01/2003 The first insertion being given Newspaper reference: 153446 Sworn to and subscribed before NOtary P u~3[~c tate of Virginia ity of Richmond My Commission expires Supervisor ................. OTA ................................................... THiS IS N LL. PLEASE PAY FRO~ INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 8, 2003 Item Number: 16.B. Subiect: Public Hearing to Consider an Ordinance Amendment Relating to Property Used for Aquaculture in the Special Land Use Taxation Program County Administrator's Comments: County Administrator: Board Action Requested: The Board of Supervisors is requested to adopt the proposed ordinance amendment (attached) reducing the minimum acreage of real property used for aquaculture in order to qualify for the Special Land Use Taxation Program. Summary of Information: The County has adopted a special land use taxation program that provides a reduced land use assessment for land qualifying under agricultural, horticultural, forest and open space classifications. Under state law, property used for agriculture (including aquaculture) normally must be at least five acres in size to qualify. The General Assembly recently amended the State Code to allow a locality to qualify property used for aquaculture (growing plants or animals in water) for special land use taxation even if the property is less than five acres. Staff recommends that the Board of Supervisors adopt an ordinance, which would allow a one-acre minimum of aquaculture to qualify under the Special Assessment Program. However, state law does not permit reducing the minimum acreage for agricultural property that is not used for aquaculture. There is currently one aquacultural farmer in the County. This particular farmer raises catfish in a four-acre pond. He also leases his adjacent property to another farmer. The combined acreage of the pond and the leased land qualifies for land use taxation because the total exceeds the five-acre minimum. The aquaculture operation alone would not qualify under the County's current ordinance. The aquaculture operation would qualify under the proposed ordinance. Preparer: Russell Harris Title: Interim Director, Real Estate Assessor Attachments: Yes ~--] No CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Summary of Information (cont.): If adopted by the Board of Supervisors, the ordinance would be effective and commence on January 1, 2004. Staff recommends that the Board of Supervisors adopt the attached ordinance amendment. 000 Z9 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING SECTION 9-20.1 AND AMENDING AND RE-ENACTING SECTION 9-21 RELATING TO TAXATION OF REAL PROPERTY USED FOR AQUACULTURE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Section 9-20.1 of the Code of the County of Chesterfield, 1997, as amended, is added and Section 9-21 is amended and re-enacted to read as follows: DIVISION 2. LAND USE ooo Sec. 9-20.1. Determination of qualifications - Aquaculture. To qualify for taxation under this division, real estate used for the purposes of engaging in aquaculture as defined by state law shall consist of a minimum of one (1) acre in addition to satisfying all other requirements of this division. Sec. 9-21. Same Determination of qualifications--Use of fair market value. The use value of fair market value of any qualifying property shall be placed on the land book before delivery to the treasurer, and the tax for the next succeeding tax year shall be extended from the use value. (2) That this ordinance shall become effective on January 1, 2004. 1923:62622.1 000:1.30 An Affiliate of Media General Advertising Affidavit (This is not a bill, Please Pay from invoice) P, O. Box 85333 Richmond, Virginia 23293-000i (804) 649-6000 FDate Code Descdptio~ Ad Size Total t (I/Qt t?.fif)~ 1 21 TAKE NC/TICETAKE NOTICE THAT THE PlOARD O ? C~0 x 2400 ATTACH Media General Operations. inc. Publisher of THE RICHMOND TIMES-D~SPATCH This is to certify that the attached TAKF, N©TICF, TA KF, N('~T]C[ was published by RichmOnd Newspapers, ]nc, in the City of Richm°n~, Stat~ of V~rginia, on the follow~ng ~ates: HERE 09/24/2003 10/0//2003 The first insertion being given Newspaper reference: Sworn to and subscribed before 1534450 State of Virginia City of Richmond My Commission expires Supervisor THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meeting Date: October 8, 2003 Item Number: 16.C. Subiect: Public Hearing to Consider Amending Chapter 10 of the County Code Relating to Fire Protection ,County Administrator's~ Comments: County Administrator: Board Action Requested: The Board is requested to adopt the attached ordinance amending Chapter 10 of the County Code relating to fire protection. Summary of Information: The Virginia Statewide Fire Prevention Code, which is enforced by the Fire Marshal's Office, provides that localities may amend state fire prevention law to the extent that they make the law more stringent than the Statewide Fire Prevention Code. Traditionally, the County has amended the fire prevention code to provide more stringent regulation in such areas as open burning and fireworks display. Recently, the State Department of Housing and Community Development updated the Statewide Fire Prevention Code with changes, which became effective on October 1. Accordingly, the County needs to update its amendments to the Fire Prevention Code to reflect the changes, which have been made by the State, which are now in effect. The attached proposed ordinance makes those changes. The ordinance does not propose to change substantively the County's amendments to the Fire Prevention Code, except (i) the ordinance permits the Fire Marshal the flexibility to increase fire flow requirements for subdivisions with homes in excess of 3600 square feet; (ii) places the overcrowding of public facilities regulation into the County Code; and (iii) provides stricter regulation on fireworks, explosive displays, and open burning. Otherwise, the ordinance only updates the County's amendments to reflect the changes made by the State that went into effect on October 1. Preparer: Stephen A. Elswick Attachments: Title: Fire Chief 0505 (25) (23) :62887.2(62793.1) CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page 2 of 2 Other proposed changes to the County's ordinance fall into two categories. First, the section numbering of many of the County's amendments has been changed to reflect changes made by the State in the structure of the State Fire Prevention Code. Second, several of the County's amendments have been deleted because they are now covered by the State Fire Prevention Code. After the public hearing was scheduled, the Fire Marshal determined that additional language needed to be added to the proposed ordinance to preserve the traditional exception from fireworks regulation for automobile flares and paper caps used in children's toys. In addition, an exception has been added allowing the County Administrator to temporarily suspend open burning fees if a disaster has been declared. The attached ordinance now reflects these changes. [See the highlighted language in the attachment] In addition to the amendments to the Statewide Fire Prevention Code, the attached ordinance would amend the County Code to provide that the Fire Marshal and Deputy and Assistant Fire Marshals who have received the requisite law enforcement training be granted full police powers when they investigate fires, explosions and environmental and similar crimes. [See attached] 0505(25) (23):62887.2(62793.1) Background of adoption of Section 27-34.2:1 The Chesterfield County Fire Marshal's office formed a PAT to objectively evaluate the advantages and disadvantages of Chesterfield County Fire investigators being granted law enforcement powers as authorized by the Code of Virginia Section 27-34.2:1. The PAT consisted of members of Chesterfield County Fire and EMS, Chesterfield County Police Department, Chesterfield County Attorney's Office, Chesterfield County Commonwealth Attorney's Office and the Virginia State Police. Members included: Lt. David Throckmorton, Chesterfield Fire & EMS Lt. Robert Rollston, Chesterfield Fire & EMS Maj. Jim Bourque, Chesterfield Police Department Mr. Dennis Collins, Chesterfield Commonwealth's Attorney's Office Battalion Chief Bill Harding, Chesterfield Fire & EMS Mr. Wendell Roberts, Chesterfield County Attorney's Office Lt. Jim Tillett, Chief Arson Investigator, Virginia State Police It was the unanimous recommendation of this committee that Chesterfield County Fire investigators be granted full law enforcement powers authorized by the Code of Virginia 27-34.2:1 and that those powers be restricted by policy to the investigation of fires, explosions, environmental and associated crimes. Advantages included: increased expertise in the Fire Marshal's office, more thorough investigations of automobile, wild land/woods and dumpster fires, (fires that currently the police department lacks the resources to commit to investigate) increased liability protection, increased court credibility, increased information access and increased case follow-thru. AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED BY AMENDING AND RE-ENACTING SECTIONS 10-1, 10-3 AND 10-7 RELATING TO FIRE PREVENTION BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Chapter 10 of the Code o. f the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 10-1. Fire prevention code adopted. The county shall enforce the Virginia Statewide Fire Prevention Code promulgated by the Board of Housing and Community Development of the Commonwealth pursuant to Code of Virginia, § 27-98. The provisions of the Virginia Statewide Fire Prevention Code and chapter 10 of this Code shall be enforced by the chief of the county fire depa~ment Fire Marshal, or his duly authorized representative, hereafter referred to as the "fire official" or "code official.", at the direction of the Chief of the county fire department. OOO Sec. ! 0-3. Fire prevention code Amendments, additions and deletions. pu ...... 4- *.. t"',-,,-h:, ~.rxtirg;,.;% § 0'7 0'7, Chapter !. Administration and Enforcement ~_1 flK A I lno.-,~.,-d,',n V,., a,,,,o,. ~... a..,,.,~.-,o Agent a ,4,4 o.laoc,.-+;t~.a ~_1 fh< /I I oo Fo, lie. ute- The comp!i~nce Building .................................... , F !06.!0. Fire Hydrants. Add o,r,o~,.,;,,, F !06.!0 as fo!!o'?:s: 0505:62793.1 1 O00~1.34 During ............................. r ..... l~ ................. of any h,,;la; ..... * .... * ....,ha ,-,.a`= ,,CC,,-;~I ~U h .... ,h~ authority installation of fire hydrants as he deems necessary to have water available for fire commenced ~. any n .... ~ ....,h~ ri.o, ........ a n~. ~ .... ~ q,,~h hydrants lhereafier. The cede official wi!! de!e~ine !he need for fire hydran!s based 0n !he use The number of fire hydrmnts, thei~ placement ~d the desired riow shall be dete~ined by r~g ....................... : ....o F 1 fig 1 1 A p F ! !2.2. Failure to Co~ect VioD~ions. Delete and substitute F-! !2.2 as follows: If the notice of violation is not complied with within the time specified by the code to .~o+ .... , cowect or abate .... h .,;.1~+1~ ~ *~ ~q ........... ~1 ~ *=~;.0';~ ~C *hO any order or direction made pursu~2 to the sade. F 1TM n D,~..,~.-*;-,~ AAAfi.,,=r&.-..ac. rGnc~f;'fl,=.e.'..caof;nnU llA (/ F l 1 A 1 l.-,o;A,=nf D,~.-,,-,.q-;,~,~ A AA o,,l~,oa,-.f;,.~ U 1 1 A 1 oo TI-,`=:, ov..rner, .... a .... person; .... +,~,-,1 f an ' 1-,,,;1Ai,-w, o, .... t,,r,= ,.,. premises su oct explosion," .... ;a ..... r,=;fh`=. ;o A; ........ A, a .... ;C ;* h ......... *1,, ~..~a.. extinguished This .~q,,;,.`=,-,,a,.* ~,holl nr.* h ..... +..,aA ,.. C,-,,*,;A fh ............... or person; of oo;a ....,...~,-,., c.-~,.~ ,,o;.,. oll A;1;,-.~.~,~,=, .-,,:.-.`=oo,-..-., ,,~ avti..,.,,ioh o lq,..,= .-,.-;n.- +,-. ~-ka of the fire al°paP, mont. Chapt 2 er 0505:62793.1 2 O0 0 ~1, q35 the hood mn4~or duct not cleaned shall be noted. F 309.3. ~;~-~* ~-~ ;~ operation, c~b;-~ o~lio~e ,,,ki~h require exhaust system is nonoperationa! or othepMse impaired. l~'_2flO '1 9 l~7.;lt-~re Ar]r] e,,he~c~t;r~r~ l~ 2f~O ~1 9 oo n..,=,.-,; ....... ;4,~4 +',-,,- k p ~.;.- oh,~ll ,.,.* 1. .... +,4,-,~4 b3 ........ d p ~r ...... mo p .......... ma e-u ............................... , am ers, or exhaust system. I7 !ll 1 1 13,:,o;,~r, ot;nn lh,M,~t,:, or, ri e,,ho+;t-,,+,:, 1~_'11 I Ioo f'rdlr~ure. The ~4~ ,-, +'n ,. ; ~4 may desiznate~ n~ 1 ...... _public o*"~*° ~4 .... ;,,.,, ...... ~,, fire ngh,;-g .... ; ....* 0505:62793.1 3 000186 F 3 ! ! .2. Signs -,md Markings. Delete and substitute subsection F 3 ! 1.2 as follows: Al! buildings !ess than 48 feet tall shall have a 20 foot wide al! weather fire lane within located 1;' ~1 I /l Tll,=,r,,',l Ilo,:, AAA o,,ko,=,r, flc.-, 1:7 '11 1 A oe rec, llc,,,,o· any designated ..... wa n~,~ ~,,~, F3 ! 6.0. Cooking Devices. Add the foregoing title for subsection F-3 ! 6.0. ×T~, oh ..... ~ o..,.v,.- h..~.i~ hmo.hi ~,. il! ~..a .... gasoline ~ ................... , ....... , ......... , ~. gr ........................... u - gas 0505:62793.1 4 0001,37 8H manager C~I Chesterfield C~unty C~de. Regulation. AAA o,,T-,o,:,,,--i-;,-,,-, 1U '21f~ 1 ~o 4',~11 ..... · No '"'~-o-" ob, oil o+,-..,..~ 31'Iy ..-,.-,,-,.,1-,,,o+;1-,1,, ,,.,o.~L-;,..,.~ ,-,.~o~o l~.vo~ Kom. olo ~.~ ,:,;.m;l~,- ,-,,',,-,+o;,-,,~,-o 1221 ~ ') T~,oiA~~. ~q,0ra-e. AAA o,,1-,o~,-+;r,,-, 1~' 21 ~ 9 oo F~,ll ..... - F 3!8.3. ~,,,o:~o Storage. exceed ,n r.., (~,no~ ~ ;. ~e~g~t --~ oh~l: ~ compact --~ orderly, q:,~h storage from any 1~+ 11 .... any K,,ilA;.. usage of*&e roofed over ma!!. F 403. !. Title and Purpose. Delete and slabstitute section F 4 03. ! as follows: 0505:62793.1 5 000 ~IL88 TI. lo .~.-ti,-l~ ei'.~ll I'~ b ........ ti'. pi,,.~,~.-n,~]a County i Ti, ......... t ti,lo o.-tiol,~ ;o t Open Bum ng ....... Bo~d ~d other applicable regulations ~.d laws "Automobile .......... a,, .., .... ]~.t ~,. p! .,h;oi, ~ .... a .......... any. .... ace placed, located or found. semi liquids, o.a .~.~ ........ , ...., .... ,; ....... * ....a ,h~ disposal ~r .... "Debris waste" means stumps, waste; ,,G~..i`ogW, ..... ."'~tt; ...... .... e, ;,~1 ~,~a vegetable m,~ffor o house~o!d in the course of ordinau ~w .... ~ ...... 0505:62793.1 6 Ko M. living "Industrial waste" morons al! waste generated on the premises of mmnufacturing processing ~ ...... , ........... , .... ~ ............ , op ...... or ,aged g~.~go dumps ~.4 "Open t. .... ;...,, .. .... ,ho b i rnA.of ......lt;nn 6 ..... k.o+; ....... ;++¢~ directly ;-*~ ,kc atmosphere ~,, directing .... ~;- ~¢ ~;" ~* ~" mng!e ...... fh~ top ~c enc!ossd space, thus reducing the amo"~t of combustion by products emi~ed into ,,c~n.o~,, ..... ..~oh .,~,t.;oh ~*, ..... ,4 ..,h~. r ..... c o~;4 ~ liquid waste, management ~ .......... 7 0505:62'793.1 000~.40 ,,~ol .....operation" ~' .... any operation i ,,qo.;, .... i..ac,,I,,., ...... engineered ~..,a t,,,~;~,! c. om,,, c~,.. ,h~ disposal .c contain and isolate the waste so that it does not pose a substantial present or p ................ tO ................................. ~ ................ : noP&zzardous industrial solid waste. See solid waste management regulations for Uo pit ' tepee hume Special ' ' ' ~'~ ~-; ..... ...... ,~ ..................... a~,,;.~ specifica!!y designed * ...... v ...... ;a~ good .~k,,~,;~- perfo~mnce. F d03 ct D,.,,hil-,;t; ..... open burning l%,M,=,c, oriel o,d-,o,ih,,c, q.~r.*;,-,., U'_Afl~I ct ~o ~%,11 ..... · special ;.o; ....,;~. a~,,;,~ r~, disposal ...................... ordinance. b i ,h~ 11t2/:~ th{' 0 .......... , .... ~.~ ........................... petro ................. schools having pe~anent Facilities· Nc ......... ,h,~ person ~ho]] ............. * open~uming ~ . ...... materials. disposal ~ ....... ;~ ~/;.a,,~,.;~ waste. 0505:62793.1 8 000!41 Open burning or the use of special i,,.; .... *;~,,, devices pe..rmitted under the from ,ho consequences, no~,;l;,y, damages ~'- ir0uries should be directed to Code of Virginia, § !0.! ! !q2, of the Forest Fire Law of e sod° as described m pa~ VI! of t~e Regulations t~ ,ko p~-,.~ ~.a ........... ,h~. person ~h~. ........... ;* open ~"~; ......... r. special i ............. device; ~.a .... ;- process k,,~; ......... c special devices ~k~u k~ immediately '~;~*~a ;~ *k~ designated ~; ..... regmn. The ~nll C under the supervision of the designated official mhd industrial in house Oven t,,,.-,.;-- +v,,- +- .... , management state a'~r pollution control board; E. 0505:62793.1 9 000141 and If the ch~**~n~a p .... *,, ¢;-~ Depa~ment, ¢; .... a r ;¢~ Safety direct th~ the abcve cited dist~.ces be; ....... n; and notified before mn)' fire is sta~ed and when the bum is completed. They Open b-.x"ning ,o pe-rmi~ed c,.,. a;op,.o~, ~.c a,~..; ...... · ......~,;.. c~ ....... .., met: Al! reasonable effort shall be made to '-,';'-;'~;~-'~ the ~'-p..o,ar2 of material 0505:62793.1 10 ooolia The material to be burned shall .... ;o* of brush, stumps and similar debris from provided ,~o, ....... 4 .... The burning which meets oholl *ob.= ni.'~,.,',.= r,.~ *h-= premises ~e ~ I~,o~1 o~n;t-~*~, l~nAGll the provisions of the regulations of the Virginia Waste 2. The bm'T..ing shall be attended at al! times; All reasonable effo~ shall be made to ...;,.;.~;.o the amount of mat°rio! that ;o btam°d; No materials may ko h .... a ;..,;^io,4~..r+h ...... ~,; .... r,h.= Virginia Waste M~agement Board or t~e State Air Pollution Control Bo~d. T~e 0505:62793.1 11 000144 Department, Fire and Life Safety n;,,;o;~,,, shall be notified of the days cause ,,All o~1 ..... ;,h ,~. provisions ~C,u;o ~a; ....... a any ~*~ health ..a .... ~c. .... , ........... pn ....... ;,h ....... ~;.~k]~ provm:ons State Air Pollution Control Board's Regulations for the Control and Abatement of Depa~ment, Fire and Life Safety Division. s~a!! obtain a Fe~it from CEesterfie!d County Fire Depa~ment, Fire ~d Life burning ..... A ,,,;11 .... I .....;,h ~ppl;~okl~ provisions ;- Regulations c~. Division * ........ thor th~ 0aerati0n ~c,h~ ao.,; ...... ;11 nnt o~A ..... ............................................... ~ ...... e _ub!ic Al! reasonable effo~ shall be ,~oa,~ ,,..,;,.;,~;7~ th ....... , ~v ~o,~;~ The .~o+~.;ol 12 0505:62793.1 00(}245 Penmits issued under this subsection shall be limited to a specific period of and Life Safety Pe-rmitted fires shall be constantly attended by a competent person until the}' ~,e ...... +1.,o+ ;t ,,,H1 end~.ger fi, ...... ,¢,, ~.r o,,,+h¢,. F 404.0: "or Sweating Pipe Joints." AAA c, ,1..°,:,,~t; c,n An} person .0;% ........ a ..... r. ~. cases, ,k .......... c~;-~ ,~ ...... v oh~. .... ;. ;. ,~ vicinity been used. 0505:62793.1 13 000 i 46 shall provide the code official with a complete written record of the test or inspection within !5 days a~er it ;o conducted. Such v,~itten record shall note plainly which The owner and/or the occupant of an;' structure served by a fire protection system which h ......... A ohM1 repair ,h~ system ....... , .n..A;,4 ...... h;.h ........ ;.. +h~ system which it has received 0~. a!a~ ~*;"~*;"- F 50! .9. Limited .amea Sprip&!er Systems. Add subsection F 50! .9 as follows: All n,,,;,,,a ..... p,.;,,t.],~,, systems, oo fha, ,o,.,, ;o a,~c,,,,~a ;,, m,~ Virginia NFiPA ! 3 mhd NFiPA 25 mhd ;" accordmnce with the following stmndo~ds· F-504.!.!. Altering or Chmnging Super;'isow Services. Add subsection F 504.!.! .~.s follows: 0505:62793.1 14 0 0 0 !4 7 documentation ~h~u ~ p .... ;~ ,~ ,h~ .~ .m.;~, ,~ verify ,h~, ,h~ system ' ig ' ' 504.7 as fellows: as required. Chapter '~, . ~-**. ~ ......... e~--w P!mmning ~.~"a Preparedness F 708. !. General. Add subsection F 708. ! as follows: · ' igh Al! hotels and motels th~'2 ~e more than two star:es :n he t shall post on the inside of each o"~""; ..... ;, a .... n,.,.~ p!mn showing ,h ....... , ~v;, ~.a ~,h~ ~ .... r~,.~ Chapter ~n Wv.l~o; .... A ..... ;ti .... A ~loo+;.. A ~*o F follows: 0505:62793.1 15 000148 Chapter ~ ....... vo w~ o~1~ possession, discharge .......... pe~ ................................................ the pe~it. follows: ~..~ ,h~, ,h~ ..a~ ~m.;~ ~.a court*'~v ~" ..... a~,~;.~ ,~ ~ ademaate_~. *~._ _.;¥.demni¢: CO tho COUntY o~A ~ .... ~ th .... Mi .... ;.o+ ~.., damages ..,h;oh may ~ to P 0505:62793.1 16 000:1.49 F-3!03.6. Seizure of Fireworks. Delete o~nd substitute o,,t,o~,,;,,,, F 3!03.6 as follows: Tho ,-^4~ c, FGo;ol oholl ~,,~ ~ o~,,oo tn h~ ~,,~4 at tho expense ,e,h= owner, as persons Whenever t~& vehicles are automatically loaded with flammable liquids at bulk storage a corn ere , ................. ~ ......... ~ ....... ~ ........................... .... tom oholl ho designed t. provide n.~ protection +- k~tk ,ho I~a; ..... V ~.a t~.V .,~h;.] .... a oh~. k~ supervised ~ ......... a;+~a o~.+.o~ o+o,;~, facility. Chapter 36. Liq'aified Petroleum Gases 0505:62793.1 17 Installation~..~'~"a operation v.A+' '"~'-'~n'~";~'~a petroleum .-,A.*O; ..... v..~.wrr~-~n .~.r .... ~..~]~ ~. exchange numbers (1) (3) (5) (7) (9) 9fl_O~ ~.ho.-,,~oA tA 9fl (12) 21 ! 92 changed to 2! !-96. /1A~ /I0¢ 09 oho,~,oA t,~ AC)q_OK [1 q~ "7fll _O{ ohonn~rl fn 7fll OK [ 1 t~'~ 'Tfld_C)f~ ,',honc~,=,A fA "7HA C)t:, 0505:62793.1 lg 000:1.5.1.. NFPA 86 95 Ovens and Furnaces NFPA 23 ! 95 General Storage Sec. 10-3. Fire prevention code --Amendments, additions and deletions. The Virginia Statewide Fire Prevention Code is hereby amended and changed pursuant to Code of Virginia, §27-97, in the following respects: Chapter 1. Administration and Enforcement 106.3 Inspections: Delete and substitute 106.3 as follows: The fire official is authorized to conduct such inspections as are deemed necessary to determine the extent of compliance with the provisions of this code and to approve reports of inspection by approved agencies or individuals. All reports of such inspections shall be prepared and submitted in writing for review and approval. Inspection reports shall be certified by a responsible officer of such approved agency or by the responsible individual. The fire official is authorized to engage such expert opinion as deemed necessary to report upon unusual, detailed or complex technical issues subject to the approval of the governing body. The fire official may require the owner or owner's agent to inspect the owner's property or equipment in accordance with guidelines approved by the fire official. 106.8 Plans Review and Certificate of Occupancy: Add section 106.8 as follows: The fire official shall assist the building official in the review of construction plans for compliance with the fire protection provisions of the Virginia Uniform Statewide Building Code for all structures and/or facilities, except detached one- and two-family dwellings, prior to the issuance of a building permit. Furthermore, the fire official shall assist the building official in performing inspections of new systems and structures prior to the issuance of the certificate of occupancy. 106.9 Fire Hydrants: Add section 106.9 as follows: During the site and/or construction plans review process for construction or change in use of any building or structure, the fire official shall have the authority to require the 0505:62793.1 19 000.~.5~ installation of fire hydrants as he deems necessary to have water available for fire fighting purposes prior to the use of combustible materials in construction being commenced on any floor above the first or ground floor level. Such hydrants shall be accessible to fire fighting apparatus at the time they are installed and at all times thereafter. The fire official will determine the need for fire hydrants based on the use and size of the structure involved and the availability of water in the area of the property. The number of fire hydrants, their placement and the desired flow shall be determined by regulations established from nationally recognized standards. 106.10 Authority. to Take Photographs: Add section 106.10 as th l lows: The fire official or his duly authorized representative is authorized to make sketches and take photographs to document conditions he observes that he believes are violations of the provisions of this code. Subsequent to a fire, explosion, or other emergency, photographs may be taken as are necessary to adequately depict the conditions of the property for the purpose of investigation. No person shall prevent the fire official from making sketches or taking photographs. 107.2 Operational Permits add Table 107.2 as follows: TABLE 107.2. OPERATIONAL PERMIT REQUIREMENTS DESCRIPTION PERMIT PERMIT INSPECTION REQUIRED FEE FEE (yes or no) Ae~r._o._~ol products. An operational permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds N~o (227 kg) net weight. Amusement buildings. An operational permit is required to operate a special N~o amusement building. Aviation facilities. An operational permit is required to use a Group H or Group S N~o o~cccupancy for aircraft servicing or repair and aircraft fuel-servicing vehicles. Additional permits required by other sections of this code include, but are not limited to. hot ~ork, hazardous materials and flammable or combustible finishes. Carnivals and fairs. An operational permit is required to conduct a carnival or fair. No Ba~t_te~v systems. An operational permit is required to install stationary lead-acid batte_[~ systems having a liquid capacity of more than 50 gallons (189 L). N~o Cellulose nitrate film. An operational permit is required to store, handle or use cellulose nitrate film in a Group A occupancy. No Combustible dust-producing operations. An operational permit is required to _operate L~ grain elevator, flour starch mill, feed mill, or a plant pulverizing aluminum, N~o coal. cocoa~ magnesium, spices or sugar, or other operations producing combustible dusts as defined in Chapter 2. Combustible fibers. An operational permit ts required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet (2.8 m3). No Exception: An operational permit is not required for agricultural storage. Compressed_ gas. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed below. Exception: Vehicles equipped for and using compressed gas as a fuel for prope! Ii n& t_h_e 0505:62793.1 20 000158 vehicle. No PERMIT AMOUNTS FOR COMPRESSED GASES TYPE OF GAS AMOUNT (cubic feet at NTP) ~orrosive 200 Flammable lexcept cryogenic fluids and liqu_e_t~ed petroleum gases) 200 H~gh~ toxic Any amount 1pert and__simp_le asphyxiant 6,000 0x id~i4in~g i(~ f I uding oxygen) 504 Toxic ___ Any amount For SI: I cubic foot = 0.02832 m2 Covered mall buildings. An operational permit is required for: 1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall. No 2. The display of liquid- or gas-fired equipment in the mall. -- 3. The use of open-flame or flame-producing equipment in the mall. Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed below. Exception: Operational permits are not required for vehicles equipped for and No using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the -- lading. Cutting and welding. An operational permit is required to conduct cutting or welding operations within the }urisdiction. N~o Dry cleaning plants. An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry N~o cleaning equipment. Exhibits and trade shows. An operational permit is required to operate exhibits and N~o trade shows. Explosives, ammunition and blasting agents: Yes $65.00 S~torage. approved overnight Transportation, each vehicle Use. each site or location Firm or company license Extremely Hazardous Substances (EHS) N~o Fireworks Retailer and/or Wholesaler No Public Display Ye~s $~0 Fire hydrants and valves. An operational permit is required to use or operate fire hydrants or valves intended for fire suppression purposes which are installed on water systems and accessible to a fire apparatus access road that is open to or generally No used by the public. Exception: An operational permit is not required for authorized employees of the water company that supplies the system or the fire department to use or operate fire hydrants or valves. Flammable and combustible liquids. An operational permit is required: N~o 1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the offsite transportation in pipelines regulated by the Department of Transportation (DOTn) (see Section 3501. I.~2) nor does it apply to piping systems (see Section 3503.6). 2. To store, handle or use Class I liquids in excess of 5 gallons (19 L) in a building or in excess of 10 gallons (37.9 L) outside of a building, except that a permit is not required for the following: 2. I. The storage or use of Class I liquids in the fuel tank of a motor vehicle, a_i_rcraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the fire official, would cause an unsafe condition. 2.~2: The s_torage or use of paints, oils, varnishes or similar flammable mixtures x~ hen such liquids are stored for maintenance, painting or similar purposes for a 2friod of not more than 30 days. 3. To store, handle or use Class II or Class IliA liquids in excess of 25 gallons (95 L) in a building or in excess of 60 gallons (227 L) outside a building, except for fuel 0505:62793.1 21 000154 oil used in connection with oil-burning equipment. 4. To remove Class I or Class 11 liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for dispensing purposes. 5. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel- dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used. 6. To remove, abandon, place temporari[3 out of service (for more than 90 days) or otherwise dispose of an underground, pr_qtected above-ground or above-ground flammable or combustible liquid tank. 7. To change the type of contents stored_i~_~ a flammable or combustible liquid tank to a material which poses a greater hazard_t_han that for which the tank was designed and constructed. 8. To manufacture, process, blend or refine flalnmable or combustible liquids. Floor finishing. An operational permit is required for floor finishing or surfacing operations exceeding 350 square feet (33 m2) using Class I or Class II liquids. No Fruit and crop ripening. An operational permit is required to operate a fruit-, or crop-ripening facility or conduct a fruit-ripening process using ethylene gas. No Fumigation and thermal insecticidal fogging. An operational permit is required to operate a business of fumigation or thermal insecticidal fogging and to maintain a No room, vault or chamber in which a toxic or flammable fumigant is used. Hazardous materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed below. No PERMIT AMOUNTS FOR HAZARDOUS MATERIALS TYPE OF MATERIAL AMOUNT Combustible liquids See flammable and combustible liquids Corrosive materials Gases See compressed gases Liquids 55 gallons Solids 1000 pounds Explosive materials See explosives Flammable materials Gases See compressed gases Liquids See flammable and combustible liquids Solids 100 pounds Highly toxic materials Gases See compressed gases Liquids Any amount Solids Any amount Oxidizing materials Gases See compressed gases Liquids Class 4 Any amount Class 3 I gallon Class 2 I 0 gallons Class 1 55 gallons Solids Class 4 Any amount Class 3 10 pounds Class 2 100 pounds Class 1 500 pounds Organic peroxides Liquids Class I Any amount Class 11 Any amount Class II1 I gallon Class IV 2 gallons 0505:62793.1 22 000 55 Class V No permit required Solids Class I Any amount Class II Any amount Class III 10 pounds Class IV 20 pounds Class V No permit required Pyrophoric materials Gases See compressed gases Liquids Any amount Solids Any amount Toxic materials Gases See compressed gases Liquids 10 gallons Solids 100 pounds PERMIT AMOUNTS FOR HAZARDOUS MATERIALS TYPE OF MATERIAL No Unstable (reactive) materials Liquids Class 4 Any amount Class 3 Any amount Class 2 5 gallons Class I 10 gallons Solids Class 4 Any amount Class 3 Any amount Class 2 50 pounds Class 1 100 pounds Water-reactive materials Liquids Class 3 Any amount Class 2 5 gallons Class 1 55 gallons Solids Class 3 Any amount Class 2 50 pounds Class 1 500 pounds For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg. HPM facilities. An operational permit is required to store, handle or use hazardous production materials. No High piled storage. An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 50~() square feet (46 m2). No Hot work operations. An operational permit _i~.[equired for hot work including, but No not limited to: I. Public exhibitions and demonstrations ~here hot work is conducted. 2. Use of portable hot work equipment inside a structure. Exception: Work that is conducted under a construction permit. 3. Fixed-site hot work equipment such_~3s welding booths. 4. Hot work conducted within a hazardous fire area. 5. Application of roof coverings with _the use o f an open-flame device. 6. When approved, the fire official shall_issue a permit to carry out a Hot Work Program. This program allows approved ILe_rsonnel to regulate their facility's hot work operations. The approved pcrsp.np_cl shall be trained in the fire safety aspects denoted in this chapter and shall h%responsible for issuing permits requiring compliance with the requirements I)und in this chapter. These permits shall be issued only to their employe%o~r hot ~_~ ork operations under their supervision. Industrial ovens. An operational permit is rc~lui(_c..d for operation of industrial ovens 0505:62793.1 23 regulated by Chapter 21. N._qo Lumber yards and woodworking plants. An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet (8,333 ft3) (236 m3). No Liquid- or cas-fueled vehicles or equipment in assembly buildings. An operational permit is required to display, operate or demonstrate liquid- or gas-fueled No vehicles or equipment in assembly buildings. -- LP-gas. An operational permit is required for: 1. Storage and use of LP-gas. No Exception: Am operational permit is not required for individual containers -- ~vith a 500-gallon (1893 L) water capacity or less serving occupancies in Group R-3. 2. Operation of cargo tankers that transport LP-gas. Magnesium. An operational permit is required to melt, cast, heat treat or grind more than 10 pounds (4.54 kg) of magnesium. N_~o Miscellaneous combustible stora~,e. An ot>erational permit is required to store in any building or upon any premises in excess of 2,500 cubic feet (71 m3) gross volum~:, No of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, -- rubber, cork or similar combustible material. Olden burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private Yes $400.00 ground. Instructions and stipulations of the permit shall be adhered to. Exception: Recreational fires and provided further that the County Administrator may administratively suspend the open burning fee for a .t. emporary period of time after any national, state or local authority declares a disaster affectin all or a ortionofthe Count . O en flames and candies. An o erational ermit is re uired to remove aint with a torch; use a torch or open-flame device in a hazardous fire area; or to use open flames No or candles in connection with assembly areas, dining areas of restaurants or drinking -- establish~~ments. ' Or anic coatin s. An o erational ermit is re uired for an or anic-coatin manufacturing operation producing more than 1 gallon (4 L) of an organic coating i, one day. .. N.__~o Places of Assembl /educational. An o erational ermit is re uired to o crate a place of assembly/educational occupancy. N__qo Private fire h drants~'s re uired for the removal from .service, use or operation of private fire hydrants. No Exception: An operational permit is not required for private industry with ~ .trained maintenance personnel, private fire brigade or fire departments t, maintain testand use rivate h drants. P rotechnic s eciai effects material. An o erational ermit is re uired for use and ~ handlin of otechnic s ecial effects material. No P fox lin lasties. An o erational ermit is re uired for stora e or handlin of more than 25 pounds (11 kg) of cellulose nitrate (pyroxylin) plastics and for the assembly __ or manufacture of articles involvin rox lin lastics. No Refri eration e ui merit. An o erational ermit is re uired to o erate a mechanical ~~ refri eration unit ors stem re ulated b Cha ter 6. N._.9_o Re air ara es and service stations. An o erational ermit is re uired for o eration of re air ara es and automotive marine and fleetservice stations. N._~o Roofto bell orts. An o erational ermit is re uired for the o eration ofa roof~o ~ heliport. No S ra in or di in . An o erational ermit is re uired to conduct a s ra in or -- --~ .dipping operation utilizing flammable or combustible liquids or the application of combustible owders re ulated b Cha ter 15_.~. N~o Stora e of sera tires and tire b rodncts. An o erational ermit is re uired to establish, conduct or maintain storage of scrap tires and tire byproducts that exceed:; N__0_o 2,500 cubic feet (71 m3) of total volume of scrap tires and for indoor storage of tires and tire byproducts. 0505:62793.1 24 TABLE 107.2. OPERATIONAL PERMIT REQUIREMENTS DESCRIPTION PERMIT PERMIT INSPECTION REQUIRED FEE FEE (yes or no) Temporary membrane structures, tents and canopies. An operational permit is required to operate an air-supported temporary membrane structure or a tent. No Exceptions: I. Tents used exclusively for recreational camping purposes. 2. Tents and air-supported structures that cover an area of 900 square feet (84 m2) or less, including all connecting areas or spaces with a common means of egress or entrance and with an occupant load of 50 or less persons. 3. Fabric canopies and awnings open on all sides which comply with all of the lk~llowing: 3. I. Individual canopies shall have a maximum size of 700 square feet (65 m2). 3.2. The aggregate area of multiple canopies placed side by side without a firebreak clearance of 12 feet (3658 mm) shall not exceed 700 square feet (65m2) total. 3.3. A minimum clearance of 12 feet (3658 mm) to structures and other tents shall be provided. Tire-rebuilding plants. An operational permit is required for the operation and maintenance of a tire-rebuilding plant. No Waste handling. An operational permit is required for the operation of wrecking yards, iunk yards and waste material-handling facilities. No Wood products. An operational permit is required to store chips, hogged material. lumber or plywood in excess of 200 cubic feet (6 m3). No 111.3 Failure to Correct Violations: Delete and substitute 111.3 as follows: If the notice of violation is not complied with within the time specified by the fire official, the fire official may issue a summons for the violation of the code. The fire official may also request the county attorney to institute the appropriate legal proceedings to restrain, correct or abate such violation or to require removal or termination of the unlawful use of the building or structure in violation of the provisions of this code or of any order or direction made pursuant to the code. 111.4 Penalties: Delete and substitute section 10-6 of the Chesterfield County Code. Chapter 2. Definitions 202.0. General Definitions. Add the following definition: The term "occupant" means any person physically located or situated in or on any property, structure or vehicle irrespective of the length of time or the reason for such occupancy. Chapter 3. General Precautions Against Fire 307.1 Title and Purpose. Delete and substitute section 307.1 as follows: This article shall be known as the Chesterfield County Ordinance for the Regulation of 0505:62793.1 25 Open Burning. The purpose of this article is to protect public health, safety, and welfare by regulating open burning within Chesterfield County to achieve and maintain, to the greatest extent practicable, a level of air quality that will provide comfort and convenience while promoting economic and social development. This article is intended to supplement the applicable regulations promulgated by the State Air Pollution Control Board and other applicable regulations and laws. 307.2 Definitions. Delete and substitute section 307.2 as follows: For the purpose of this article and subsequent amendments or any orders issued by Chesterfield County, the words or phrases shall have the meaning given them in this section. "Automobile graveyard" means any lot or place which is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being operated, and which it would not be economically practical to make operative, are placed, located or found. B. "Bonfire" means an outdoor fire utilized for ceremonial purposes. "Clean burning waste" means waste which does not produce dense smoke when burned and is not prohibited to be burned under this ordinance. "Construction waste" means solid waste which is produced or generated during construction of structures. Construction waste consists of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids, and garbage are not construction wastes and the disposal of such materials must be in accordance with the regulations of the Virginia Waste Management Board. "Debris waste" means stumps, wood, brush, and leaves from property maintenance and/or land clearing operations. "Demolition waste" means that solid waste which is produced by the destruction of structures and their foundations and includes the same materials as construction waste. "Garbage" means rotting animal and vegetable matter accumulated by a household in the course of ordinary day to day living. "Hazardous waste" means refuse or combinations of refuse which, because of its quantity, concentration or physical, chemical or infectious characteristics may: 0505:62793.1 26 O0 0 ~.5~} Ko Lo Oo Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed, or otherwise managed. "Household refuse" means waste material and trash normally accumulated by a household in the course of ordinary day to day living. "Industrial waste" means all waste generated on the premises of manufacturing and industrial operations such as, but not limited to, those carried on in factories, processing plants, refineries, slaughterhouses, and steel mills. "Junkyard" means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling .junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary landfills. "Landfill" means a sanitary landfill, an industrial waste landfill, or a construction/demolition/debris landfill. See solid waste management regulations for further definitions of these terms. "Local landfill" means any landfill located within the .jurisdiction of a local government. "Occupied building" means any structure occupied or intended for supporting or sheltering any occupancy. "Open burning" means the burning of any matter in such a manner that the products resulting from combustion are emitted directly into the atmosphere without passing through a stack, duct or chimney. "Open pit incinerator" means a device used to burn waste for the primary purpose of reducing the volume by removing combustible matter. Such devices function by directing a curtain of air at an angle across the top of a trench or similarly enclosed space, thus reducing the amount of combustion by-products emitted into the atmosphere. The term also includes trench burners, air curtain destructors and overdraft incinerators. "Refuse" means trash, rubbish, garbage and other forms of solid or liquid waste, including, but not limited to, wastes resulting from residential, agricultural, commercial, industrial, institutional, trade, construction, land clearing, forest management and emergency operations. 0505:62793.t 27 000'160 "Salvage operation" means any operation consisting of a business, trade or industry participating in salvaging or reclaiming any product or material, such as, but not limited to, reprocessing of used motor oils, metals, chemicals, shipping containers or drums, and specifically including automobile graveyards and junkyards. "Sanitary landfill" means an engineered land burial facility for the disposal of household waste which is so located, designed, constructed, and operated to contain and isolate the waste so that it does not pose a substantial present or potential hazard to human health or the environment. A sanitary landfill also may receive other types of solid wastes, such as commercial solid waste, nonhazardous sludge, hazardous waste from conditionally exempt small quantity generators, and nonhazardous industrial solid waste. See solid waste management regulations for further definitions of these terms. "Smoke" means small gas-borne particulate matter consisting mostly, but not exclusively, of carbon, ash and other material in concentrations sufficient to form a visible plume. "Special incineration device" means a pit incinerator, conical or tepee burner, or any other device specifically designed to provide good combustion performance. 307.3 Open Burning Regulations. Delete and substitute Section 307.3 as follows: No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of refuse except as provided in this ordinance. Bo No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of household refuse or garbage. Co No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of rubber tires, asphaltic materials, crankcase oil, impregnated wood or other rubber or petroleum based materials except when conducting bona fide fire fighting instruction at fire fighting training schools having permanent facilities. No owner or other person shall cause or permit open burning or the use of a special incineration device for disposal of hazardous waste or containers for such materials. No owner or other person shall cause or permit open burning or the use of a special incineration device for the purpose of a salvage operation or for the disposal of commercial/industrial waste. 0505:62793.1 28 000~-61 Open burning or the use of special incineration devices permitted under the provisions of this ordinance does not exempt or excuse any owner or other person from the consequences, liability, damages or in. juries which may result from such conduct; nor does it excuse or exempt any owner or other person from complying with other applicable laws, ordinances, regulations and orders of the governmental entities having .jurisdiction, even though the open burning is conducted in compliance with this ordinance. In this regard special attention should be directed to Code of Virginia, §10.1-1142, of the Forest Fire Law of Virginia, the regulations of the Virginia Waste Management Board, and the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution. Upon declaration of an alert, warning or emergency stage of an air pollution episode as described in part VII of the Regulations for the Control and Abatement of Air Pollution or when deemed advisable by the state air pollution control board to prevent a hazard to, or an unreasonable burden upon, public health or welfare, no owner or other person shall cause or permit open burning or use of a special incineration device, and any in process burning or use of special incineration devices shall be immediately terminated in the designated air quality control region. 307.3.1 Exemptions. Add subsection 307.3.1 as follows: The following activities are exempted from the above prohibitions to the extent covered by the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution: Open burning for training and instruction of government and public fire fighters under the supervision of the designated official and industrial in-house fire fighting personnel; Open burning for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, and for warming of outdoor workers; Open burning for the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack; Open burning for forest management and agriculture practices approved by the state air pollution control board; and E. Open burning for the destruction of classified military documents. 307.3.2 Permissible open burning. Add subsection 307.3.2 as follows: 0505:62793.1 29 000 62 Open burning is permitted for the disposal of tree trimmings and garden trimmings located on the premises of private property, provided that the following conditions are met: A written permit, valid for thirty (30) days, must be obtained from the Chesterfield Fire & EMS, Fire and Life Safety Division. Application for permit shall include: completed information form, the name, address and telephone number of the occupant and, if different, owner of the property on which the burn is conducted and of any other entity conducting or responsible for the burn. Application shall be submitted to the Fire and Life Safety Division at least 15 days before the desired burn; and A copy of the burn permit shall be maintained at the site of the burn, shall be available for review at all times during the burn, shall be displayed so as to be visible from a public roadway and shall be maintained in a manner that protects it from deterioration by weather; and The burning shall take place on the premises of the private property from which the trimmings were taken; and all reasonable effort shall be made to minimize the amount of material burned, with the number and size of the piles approved by Chesterfield County Fire & EMS, Fire and Life Safety Division; and The location of the burning shall be a minimum of 300 feet from any occupied building unless the occupants have given prior written permission, other than buildings located on the property on which the burning is conducted. If the Chesterfield County Fire & EMS, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, it may direct that the above cited distances be increased; and 5. All fires must be at least 50 feet from any structure; and Permitted fires shall be constantly attended by a competent person until they are extinguished. The attendee shall have fire extinguishing equipment readily available for use as deemed necessary by the code official; and No regularly scheduled public or private collection service for such trimmings is available at the adjacent street or public road, and Permits for burning tree trimmings and/or garden trimmings shall be limited to two per site per year. Bo Open burning is permitted for disposal of debris waste resulting from property maintenance, from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, 0505:62793.1 30 00016.3 buildings or building areas, sanitary landfills, or from any other designated local clearing operations which may be approved by Chesterfield Fire & EMS, Fire and Life Safety Division, provided the following conditions are met: A written permit, valid for ninety (90) days, must be obtained from the Chesterfield Fire & EMS, Fire and Life Safety Division. Application for permit shall include: Fee for permit, completed information form, site plan drawing of burn site, proof of liability insurance for party performing burn, and the name, address and telephone number of the owner and, if different, developer of the property on which the burn is conducted and of any other entity conducting or responsible for the burn. Application shall be submitted to the Fire and Life Safety Division at least 15 days before the desired burn. A copy of the burn permit shall be maintained at the site of the burn, shall be available for review at all times during the burn, shall be displayed so as to be visible from a public roadway and shall be maintained in a manner that protects it from deterioration by weather; and The burning shall take place on the site from which the debris waste was generated. All reasonable effort shall be made to minimize the amount of o o material burned, with the number and size of the debris piles approved by Chesterfield County Fire & EMS, Fire and Life Safety Division; The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material;_ The location of the burning shall be a minimum of 500 feet from any occupied building unless the occupants have given prior written permission, other than buildings located on the property on which the burning is conducted. If the Chesterfield County Fire & EMS, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, it may direct that the above cited distances be increased; and The burning shall be conducted at the greatest distance practicable from highways and airfields; Permitted fires shall be constantly attended by a competent person until they are extinguished and conducted to ensure the best possible combustion with a minimum of smoke being produced. The attendee shall have fire extinguishing equipment readily available for use as deemed necessary by the code official; The burning shall not be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials; and 0505:627%.1 31 000 64 The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area. 10. The permit holder must maintain liability insurance in the minimum amount of $1,000,000 general liability coverage at all times while burning is taking place. At the time of permit application, a certificate of insurance coverage shall be submitted to the fire marshal; and Open burning is permitted for disposal of debris on the site of local landfills provided that the burning does not take place on land that has been filled and covered so as to present an underground fire hazard due to the presence of methane gas, provided that the following conditions are met: A written permit, valid for ninety (90) days, must be obtained from the Chesterfield Fire & EMS, Fire and Life Safety Division. Application for permit shall include: fee for permit, completed information form, site plan drawing of burn site, proof of liability insurance for party performing burn; The burning shall take place on the premises of a local sanitary landfill which meets the provisions of the regulations of the Virginia Waste Management Board; Permitted fires shall be constantly attended by a competent person until they are extinguished and conducted to ensure the best possible combustion with a minimum of smoke being produced. The attendee shall have fire extinguishing equipment readily available for use as deemed necessary by the code official; The material to be burned shall consist only of brush, tree trimmings, yard and garden trimmings, clean burning debris waste, or clean burning demolition waste; 5. All reasonable effort shall be made to minimize the amount of material that is burned; with the number and size of the debris piles approved by Chesterfield County Fire & EMS, Fire and Life Safety Division; The location of the burning shall be a minimum of five hundred (500) feet from any occupied building unless the occupants have given prior written permission, other than buildings located on the property on which the burning is conducted. If the Chesterfield County Fire & EMS, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, it may direct that the above cited distances be increased; No materials may be burned in violation of the regulations of the Virginia Waste Management Board or the State Air Pollution Control Board. The 0505:62793.1 32 000165 exact site of the burning on a local landfill shall be established in coordination with the regional director and Chesterfield County Fire & EMS, Fire and Life Safety Division; no other site shall be used without the approval of these officials. Chesterfield County Fire & EMS, Fire and Life Safety Division shall be notified of the days during which the burning will occur. o The permit holder must maintain liability insurance in the minimum amount of $1,000,000 general liability coverage at all times while burning is taking place. At the time of permit application, a certificate of insurance coverage shall be submitted to the fire marshal. Sections A through C above notwithstanding, no owner or other person shall cause or permit open burning or the use of a special incineration device during the months of June, July, or August. 307.3.3 Permits. Add subsection 307.3.3 as follows: When open burning of debris waste or open burning of debris on the site of a local landfill is to occur within Chesterfield County, the person responsible for the burning shall obtain a permit from Chesterfield County Fire & EMS, Fire and Life Safety Division prior to the burning. Such a permit may be granted only after confirmation by Chesterfield County Fire & EMS, Fire and Life Safety Division that the burning can and will comply with the provisions of this ordinance and any other conditions which are deemed necessary to ensure that the burning will not endanger the public health and welfare or to ensure compliance with any applicable provisions of the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution. The permit may be issued for each occasion of burning or for a specific period of time deemed appropriate by Chesterfield County Fire & EMS, Fire and Life Safety Division. Bo Prior to the initial installation (or reinstallation, in cases of relocation) and operation of special incineration devices, the person responsible for the burning shall obtain a permit from Chesterfield County Fire & EMS, Fire and Life Safety Division, such permits to be granted only after confirmation by Chesterfield County Fire & EMS, Fire and Life Safety Division that the burning can and will comply with applicable provisions in Regulations for the Control and Abatement of Air Pollution and that any conditions are met which are deemed necessary by Chesterfield County Fire & EMS, Fire and Life Safety Division to ensure that the operation of the devices will not endanger the public health and welfare. Permits granted for the use of special incineration devices shall at a minimum contain the following conditions: 1. All reasonable effort shall be made to minimize the amount of material that is burned. Such efforts shall include, but are not limited to, the removal of pulpwood, sawlogs and firewood. 0505:62793.1 33 000'166 The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material. The location of the burning shall be a minimum of 500 feet from any occupied building unless the occupants have given prior permission, other than buildings located on the property on which the burning is conducted; burning shall be conducted at the greatest distance practicable from highways and air fields. If the Chesterfield County Fire & EMS, Fire and Life Safety Division determines that it is necessary to protect public health and welfare, he may direct that the above cited distances be increased. The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced. Under no circumstances should the burning be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials. The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area. The use of special incineration devices shall be allowed only for the disposal of debris waste, clean burning construction waste, and clean burning demolition waste. Permits issued under this subsection shall be limited to a specific period of time deemed appropriate by Chesterfield County Fire & EMS, Fire and Life Safety Division. 307.3.4 Attendance at Open Fires. Add subsection 307.3.4 as follows: Permitted fires shall be constantly attended by a competent person until they are extinguished. The attendee shall have fire extinguishing equipment readily available for use as deemed necessary by the code official. 307.3.5 Endangering Other Property. Add subsection 307.3.5 as follows: No person shall kindle or authorize to be kindled or maintain any permitted fire in such a manner that it will endanger the property of another. 307.3.6 Revocation of Permits. Add subsection 307.3.6 If any permit holder violates any provision of this ordinance or if any permit holder makes a material misrepresentation on a permit application, The Fire Marshal may require the extinguishments of the fire and the burn permit shall be subject to revocation; 307.4 Fees. Delete and substitute section 307.4 as follows: 0505:62793.1 34 000~.67 1. There shall be no fees for the permit required by Section307.3.2(A) Fees for permits required by section 307.3.2(B) and (C) and shall be .............. $400.00 307.5. Add the following sentences to the end of section 307.5. The owner or manager of any occupancy in Use Group R shall notify their tenants in writing of this code requirement at the time the tenants initially occupy the apartment and annually thereafter. A copy of this written notification shall be available for review by the code official. 307.5. Delete exception 2. 307.6 Storage, Park or Repair. Add subsection 307.6 as follows: No person shall store, park or repair any vehicle, tool or equipment that has a fuel tank that contains a flammable or combustible liquid or liquefied petroleum gas as a source of fuel within or on any occupancy in Use Group R, or part thereof, unless such building or structure is built for the purpose of such storage, parking or repairing in accordance with all requirements of the Uniform Statewide Building Code and this code. The owner or manager of any occupancy in Use Group R shall notify their tenants in writing of this code requirement at the time the tenants initially occupy the apartment and annually thereafter. A copy of this written notification shall be available for review by the code official. This section shall not apply to detached one- and two-family dwellings unless such storage, parking or repairing is conducted as a business. Such businesses must then comply with all applicable provisions of the Uniform Statewide Building Code and the Chesterfield County Code. 307.7 Sweating Joints. Add section 307.7 as follows: Any person using a torch or other flame-producing device for sweating pipe .joints in any building or structure shall have available in the immediate vicinity, one approved fire extinguisher or water hose connected to a water supply. Combustible material in the close proximity' of the work shall be protected against ignition by shielding, wetting, or other approved means. In all cases, the person performing the work shall remain in the vicinity of the sweating operation for one-half hour after the torch or flame-producing device has been used. 315.4 Materials Storage Regulation. Add subsection 315.4 as follows: No person shall store any combustible packing cases, boxes, barrels or similar containers or rubber tires, baled cotton, rubber, cork or other similarly combustible materials of a 0505:62793. I 35 gross volume of greater than 2,500 cubic feet (70 m3) in any structure or on any premises, except under conditions approved by the code official. 315.6 Storage or Display in Roofed-Over Malls. Add subsection 315.6 as follows: Combustible goods, merchandise, decorations or vehicles may be displayed or placed in the common areas of a roofed-over mall only if such display or placement is in compliance with regulations established by the code official. It shall be the responsibility of the owner, manager or his designated representative to notify the code official prior to such usage of the roofed-over mall. Chapter 5. Fire Service Features 502.0. General Definitions. Delete and substitute the following definition: Fire Lane. An area designated by clearly visible signs and/or markings in which parking shall be prohibited, whether on public or private property, to ensure ready access for and to fire fighting equipment and facilities. 503.1 Where Required. Delete and substitute 503.1 as follows: The code official may designate fire lanes on public streets and on private property devoted to public use for the purpose of permitting proper access to fire hydrants or for fire fighting equipment. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1 through 503.1.3 503.7 Illegal Use. Add subsection 503.7 as follows: 1. No person shall park or leave an unattended vehicle in or otherwise obstruct with a vehicle any designated or marked fire lane. No person shall place or locate any equipment, materials, or any other object in or otherwise obstruct any designated or marked fire lane. The penalty for violation of section 503.7(1) shall be the same as outlined for other parking violations in the Chesterfield County Code. The penalty for violation of section 503.7(2) shall be the same as for all other violations of this chapter. Chapter 9 Fire Protection Systems 901.5.2 Altering or Changing Supervisory Services. Add subsection 901.5.2 as follows: The code official shall be notified prior to any alterations to the supervisory service equipment or if the agent providing supervisory service changes for any required fire protection system. Functional testing shall be conducted prior to the system being 0505:62793.1 36 000~69 returned to service. The level of testing will be determined by the code official. All testing shall be conducted in the presence of the code official and appropriate documentation shall be provided to the code official to verify that the system is being supervised as designed and in accordance with the building code in effect at the time of installation. 901.6.1.2 Limited Area Sprinkler Systems. Add subsection 901.6.1.2 as follows: All limited area sprinkler systems shall be inspected annually and maintained according to NFPA 25 and in accordance with the following standards: The sprinkler control valve shall be permanently marked with a sign stating "Sprinkler Control Valve." Markings made with embossed plastic tape, pencil, ink, crayon, or similar materials shall not be considered permanent. The sign shall be secured with noncorrosive wire, chain, or other means. Markings shall be provided in a conspicuous place at the sprinkler control valve and shall state: "Notify the Fire Department (748-6240) before closing valve." Valves connecting the limited area sprinkler system to the domestic water supply shall be locked open in an approved manner. 901.6.3 Reporting Results of Periodic Tests. Add subsection 901.6.3 as follows: The individual or company performing any test or inspection required under this article shall provide the code official with a complete written record of the test or inspection within 15 days after it is conducted. Such written record shall note plainly which standard, as referenced by this code, was used for the test or inspection. 904.11.6.1 Ventilation System. Delete and substitute subsection 904.11.6.1 as follows: The ventilation system in connection with hoods shall be operated at the required rate of air movement, and classified grease filters shall be in place when equipment under a kitchen grease hood is used. Cooking appliances, which require a commercial kitchen exhaust hood system, shall not be operated while the fire suppression system or kitchen exhaust system is non-operational or otherwise impaired. 904.11.6.6 Manual Operations. Add subsection 904.11.6.6 as follows: Instructions for manually operating the fire suppression system for the commercial kitchen exhaust system shall be posted conspicuously in the kitchen and shall be reviewed periodically with employees by the management. 0505:62793.1 3 7 OOO170 907.20.1.2 Alarm Activations. Add subsection F-501.7 as follows: The owner and/or the occupant of any structure served by a fire protection system which has activated on two or more occasions when no fire, unsafe condition or other hazard has occurred, shall repair the system or correct conditions which are causing the system to activate. Chapter 10. Means of Egress 1003.1.1 Overcrowding. A person shall not permit overcrowding or admittance of any person beyond the approved occupant load. The fire official, upon finding overcrowded conditions or obstruction in aisles, passageways or other means of egress, or upon finding any condition which constitutes a hazard to life and safety, shall cause the occupancy, performance, presentation, spectacle or entertainment to be stopped until such condition or obstruction is corrected and the addition of any further occupants shall be prohibited until the approved occupant load is reestablished. 1011.5. Marking Means of Egress. Add subsection 1011.5 as follows: The code official may require the means of egress through storage areas to be marked~ and the owner or his agent shall be responsible for marking and maintaining such aisles as required. Chapter 27. Hazardous Materials - General Provisions 2702.1 Definitions. Delete and substitute the following definition: Hazardous Materials. Those chemicals or substances which are physical hazards or health hazards as defined and classified in Chapter 28, whether the materials are in usable or waste condition, including flammable and combustible liquids. Chapter.33 Explosives and Fireworks 3302.1 Delete the following definition from 3302.1: Permissible Fireworks 3302.1 Add the following exception to definition of Fireworks. Exception. The term fireworks shall not include automobile flares, paper caps containing not more than an average of.25 grains (16 mg) of explosive content per cap, or any toy pistols, toy canes, toy guns, and other devices using such caps. 3308.1 General. Add the following text to 3308.1: 0505:62793.1 38 A permit shall be required for the public display of fireworks. 3308.2 Permit Application. Add the following text to 3308.2: Application for permits shall be made in writin~ at least 60 days in advance of the date of the display or discharge of fireworks. The sale, possession, discharge and distribution of fireworks for display shall be lawful only under the terms and conditions, and for the purpose set forth in the permit. A permit shall not be transferable, and shall not extend beyond the dates set forth in the permit. 3308.11.1 Violations. Add subsection 3308.11.1 as follows: No person shall store, possess, offer for sale, expose for sale, sell at retail or use or explode any fireworks, except as provided in the rules and regulations issued by the code official for the granting of permits for supervised public displays of fireworks. Chapter 34. Flammable and Combustible Liquids 3404.1.1 Prohibited Storage. Add subsection 3404.1.1 as follows: The storage of flammable and combustible liquid shall be prohibited in occupancies of Use Group A, R-l, R-2, and in rental storage facilities. 3406.5.1.6 Fire Protection. Delete and substitute 3406.5.1.6 as follows: Whenever tank vehicles are automatically loaded with flammable liquids at bulk storage terminals without an employee in attendance, the loading rack area shall be protected by a completely automatic fire suppression system approved by the code official. The system shall be designed to provide fire protection to both the loading rack and tank vehicles and shall be supervised by an accredited central station facility. Chapter 36. Liquified Petroleum Gases 3603.4. Emergency Services. Add subsection 3603.4 as follows: Anyone who supplies liquefied petroleum gas service shall have a qualified maintenance person available at all times to assist fire department personnel with emergency incidents involving the service. 3605.6.1. Portable Containers. Add Subsection 3605.6.1 as follows: Installation and operation of liquified petroleum containers offered for sale or exchange shall comply with regulations established by the code official. 0505:62793.1 39 APPENDICES The following appendices of the International Fire Code, 2000 edition shall be an enforceable part of this code: Appendix B - Fire-flow Requirements for Buildings Appendix C - Fire Hydrant Locations and Distribution Appendix D - Fire Apparatus Access Roads Exception: Section D 106 and Section D 107 shall not be included in this code. 000 Sec. 10-7. Authority of fire marshal and assistant fire marshals. The county fire marshal and his assistants, who shall be appointed by the county administrator pursuant to Code of Virginia, §27-36, shall have the authority to arrest, to procure and serve warrants and to issue summonses in the manner authorized by general law for violations of this chapter and of all fire safety, fire prevention and related ordinances, as permitted by Code of Virginia, § 27-34.2. The county fire marshal and those assistants appointed pursuant to the Code of Virginia, §27-36 who have met the training requirements outlined in the Code of Virginia, §27-34.2:1 shall have the same police powers as a police officer or law- enforcement officer. The investigation and prosecution of all offenses involving hazardous materials, fires, fire bombings, bombings, attempts or threats to commit such offenses, false alarms relating to such offenses, possession and manufacture of explosive devices, substances and fire bombs shall be the responsibility of the fire marshal and the county police department, as permitted by Code of Virginia, §27-34.2:1. 000 (2) That this ordinance shall become effective immediately upon adoption. 0505:62793.1 40 ~te An Affiliate of Media Genera~ Advertising Affidavit {This is not a bill Please pay from invoice) P.O. Box 85333 Richmond, Virginia 23293-0001 (804) 649-6000 ATTN 1 [,gA El,KC) C:HRgTF, RF[R f ,D VA 22g%2-0040 101fH Code Description Ad Size Total Cost TAKENC)T/CETAKEN(3T/C!ETHATTNERC)ARD{3 20f) x 9.g00 ATTACH HERE Media General Operations, inc. Publisher of THE RIC HMON D Ti M ES-DISPATC H This is to certify that the attached TAKR NC)TICETAKR NOTIC'f was published bY Richmond Newspapers, Inc. in the City of Richmond, Stat~ of Virginia, on the following ~at~s: 09/24/2003 10/01/2003 The first insertion being given ... Newspaper reference: 1534451 Sworn to and subscribed before methis 0 - G -0 3 Notary Public Supervisor State of Virginia City of Richmond ~y Commission expires (_~}'%( ~06 T~ ~S N~T A B~LL. PLEASE PAY FRO~ iNVOiCE. THANK YOU CHESTERFIELD COUNTY BOARD OF SUPERVISORS AGENDA Page I of I Meetin~l Date: October 8, 2003 Item Number: 16.D. Subiect: Public Hearing to Consider Adoption of an Ordinance to Amend the Erosion and Sediment Control Ordinance County Administrator's Comments: //~~ ~o~~~ ~~ County Administrator: c~~ Board Action Requested: The Board of Supervisors is requested to adopt proposed amendments to the Erosion and Sediment Control Ordinance. Summary of Information: In June of 2002, the County's Erosion and Sediment Control program was reviewed by the State Dept. of Conservation & Recreation (DCR). As a result of this review, DCR concluded that the Erosion and Sediment Control ordinance needed to be updated to include a schedule of civil penalties and several other amendments resulting from changes to the State Erosion and Sediment Control Law. Staff has revised the ordinance incorporating the civil penalties mandated by DCR and has included other provisions that will strengthen the implementation of erosion and sediment control measures. The following are some of the other key proposed amendments: · Verbiage is added requiring Certified Responsible Land Disturbers, hired by the permit holder, to conduct regular inspections, maintain records of those inspections, to make such records available for review by the Dept. of Environmental Engineering and to attend pre-construction meetings. · Requirement holding Land Disturbance Permit holders responsible for the clean up of sediment that has impacted downstream properties and/or waters. · Provision for the issuance of summonses for violations of the ordinance, with the option of paying the fine directly to the county. Such civil penalties would be designated for the purpose of minimizing, preventing, managing or mitigating the pollution of the waters of the county. The Dept. of Conservation has given the county until January of 2004 to adopt the revised ordinance. Preparer: Joan Salvati Title: Water Quality Administrator Attachments: -~No #000174 AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ADDING SECTION 8-1.1 AND AMENDING AND RE-ENACTING SECTIONS 8-1, 8-2, 8-3, 8-4, 8-5, 8-6, 8-7, 8-8, 8-9, 8-10, 8-11, 8-12, 8-13, 8-14 and 8-17 RELATING TO EROSION AND SEDIMENT CONTROL AND ESTABLISHING CIVIL PENALTIES FOR VIOLATIONS OF THE ORDINANCE BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Chapter 8 of the Code of the County of Chesterfield, 1997, as amended, is amended and re-enacted to read as follows: Sec. 8-1. Definitions. (a) When used in this chapter, 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. 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. County: The County of Chesterfield. Department: The State Department of Conservation and Recreation. 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 the Chesterfield County Code. Environmental engineer: The director of the Chesterfield County Department of Environmental Engineering or his designee. Land Disturbance Permit: A permit issued by the Department of Environmental Engineering for the clearing, filling, excavating, grading or transporting of land or for any 0505:62927.1 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. Plan: The erosion and sediment control plan required by this chapter and by Va. Code §10.1-560, 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. Responsible Land Disturber: 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 § 10.1-561. 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, 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. Stabilized land: Land that will withstand normal exposure to atmospheric conditions without incurring erosion damage. Subdivision: Shall have the same meaning as the term is given in the county's subdivision ordinance. (b) When used in this chapter, the following terms shall have the same meaning as set forth in Ce~z c.f V~rg~n:.a Va. Code, § 10.1-560: Applicant Certified inspector Certified plan reviewer Certified program administrator 0505:62927.1 2 000~76 Erosion impact area Land-disturbing activity Local Erosion and Sediment Control Program Owner Permittee Person Plan-approving authority State waters. Sec. 8-1.1. Adoption of State Erosion Control Regulations. Pursuant to Va. Code §10-562, 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. 8-2 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 line or drainage field in a Resource Management Area as defined in Chesapeake Bay pPreservation ar-oa Ordinance, '~oo~":"~a :" a. .... : .... .~: ..... unless the person has obtained a land disturbance permit and is displaying a permit on the site where the septic tank line or drainage field is being installed. (b) Persons who own, occupy or operate private lands devoted solely to agricultural, horticultural or ~ silviculture 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 r,~.....~ ...^~' x~.:.~. _~,.... Va. Code, § 10.1-560. This exemption shall not apply to land disturbing activities on land in an agriculturally zoned district which is not used directly for the management of agricultural crops, forest crops and livestock, or land which has been rezoned or converted, or proposed to be rezoned or converted, at the request of the owner or previous owner, from an agricultural to a residentially, commercially or industrially zoned district or use. 0505:62927.1 3 000~. ~'~T (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. (,:,-)(d) Electric, natural gas and telephone utility companies, interstate and intrastate natural ga.q 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 Cede cf Virg:.n!a Va. Code, § 10.1-563(D); provided, however, that electric and mitgg such companies shall comply with the filing requirements of Cede of Virginia Va. Code, § 10.1-563(D), as enforced by the Department of Conservation & Recreation. (e) State agency projects are exempt from the provisions of this chapter except as provided for in Va. Code §10.1-564. 000 Sec. 8-4. 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 person responsible for implementing and maintaining the erosion and sediment control plan certifies that he will perform the erosion and sediment control measures included in the plan; (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, erosion and sediment control and Chesapeake Bay Act 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 pemit; 0505:62927.1 4 0 0 0 ~.~ 8 (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: a_ a_Any wetlands permits that are required by federal or state law have been submitted to the environmental engineer, or a qualified wetlands expert, approved by the environmental engineer, has submitted written documentation to the environmental engineer that establishes that a wetlands permit is not required by federal or state law; and b. A Virginia Pollutant Discharge Elimination System (VPDES) General Permit Registration Statement and Permit Fee form (as developed by the Department of Environmental Quality) for construction sites of one acre or mom, if required. (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. 8-5. 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. 0505:62927.1 5 000179 (c) The environmental engineer shall conduct periodic inspections of land disturbing activity as required by Va. Code §10.1-566(A) and in accordance with 4VAC50- 30-60. (d) The environmental engineer shall require the responsible land disturber to inspect the land disturbing activity on a regular basis and ensure compliance with the approved plan and/or any other measures deemed necessary. (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 plan are effective in controlling erosion and sedimentation. Any such records shall be made available to the environmental engineer for review. (f) The environmental engineer may require the responsible land disturber to ensure that applicable control materials have been delivered and/or installed prior to the issuance of a land disturbance permit. Sec. 8-6. 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 land-disturbing activities shown on the approved plan, the owner shall certify that he will properly perform the conservation measures included in the plan and will conform to the provisions of this chapter and of Va. Code §10.1-560, et seq. and shall provide the name of an individual holding a certificate of competence, as provided by Va. Code §10-1-561, who will be in charge of and responsible for carrying out the land disturbing activity. Failure to provide the name of an individual holding a certificate of competence prior to engaging in land disturbing activities shall result in the application of the penalties provided 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. However, the applicant shall fulfill all of the other 0505:62927.1 6 000~80 requirements of section 8-4 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 (4VAC50-30) and the Virginia Erosion and Sediment Control Handbook, the terms of the Regulations shall take precedence over the terms of the Handbook. (e) 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 §10.1-560 et. seq. 4VAC50-30-40, and the most recently approved edition of the Virginia Erosion and Sediment Control Handbook. Sec. 8-7. Modifications to an approved plan. .... :^~ a~fi ~a:~, ~,.~, ~,~ :f An approved plan may be changed by the plan-approving authority when: (a) The o~gina! 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 b~e effectively ~ carded out, and proposed amendments to the plan, consistent with the requirements of this ordinance, are agreed to by the plan- approving authority. Sec. 8-8. 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; 0505:62927.1 7 t OJ. Sl. (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) 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, in consultation with the Water Quality Administrator, or his designee. Sec. 8-9. 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 the Virginia D:.;'!s!c,n Department of Conservation and Recreation, Division of Soil and Water Conservation 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. 8-10. 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 8-15. 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 land-disturbance permit, no land- disturbing activity shall take place on the site, except for activity that is required by the environmental engineer to, cc, mp!y 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. Sec. 8-11. Certification required. 0505:62927.1 8 O00 ~lS2 (a) The county's environmental enginee~ shall at all times contain among Rs 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, § 10.1-561. i(A), were adopted shall be deemed to be certified. (b) reviewer. inspector. All erosion and sediment control plans shall be approved by a certified plan All inspections of land-disturbing activity shall be conducted by a certified Sec. 8-12. 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) If the permit holder does not faithfully perform the approved erosion and pl ......... sediment control an an~ *~- ..... .~; ...... .._~ ~-,~ ~: ........ ~ · ~ ~',.~'~.~.. ~ or any other measures deemed necessary by the environmental engineer, as provided for in Va. Code §10.1-560, et. seq. 4VAC50-30-40, 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, th~ 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 reissues the land disturbance permit to the permit holder peffc, rr-s an)' ~.4,4:,-;^~.. ~ .~...~"~'4 a:~,,...,.; .... -.,:,.,. (e) Any person who engages in land-disturbing activity on land that has received minor site plan approval pursuant to chapter 19 of the Code of Chesterfield County shall be exempt from the requirements of this section, except that he must obtain a land disturbance permit. 0505:62927.1 9 0 0 0'1 8 3 (f) 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. 8-13. 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 which is 10,000 square feet or larger and not located in a proposed subdivision: $1,060.00, plus $50.00 for each acre of land to be disturbed. (ii) For an erosion and sediment control plan for land which is 10,000 square feet or larger and located in a proposed subdivision: $1,060.00, plus $50.00 for each lot. (iii) For an erosion and sediment control plan for land 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 ~"" ~n~.~ ,,kic~, ~ ~ ~u.~ ~ n nnn ....... c~ .~ that is to be used for a single-fa~ly residence, sep~ately built or any amendment thereto that changes the proposed building footprint from that of the initial submission: $40.00. (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. (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. (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. 0505:62927.1 10 O {J 0 ~ ~ 4 (d) No business located within an enterprise zone designated by the Commonwealth of Virginia shall be required to pay any of the fees described in this section. This exemption shall continue for the life of the enterprise zone. Sec. 8-14. 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. 8-15. Noncompliance with this chapter. (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 permit holder; (2) Mailing the notice by registered or certified mail, to the address which the permit holder specified for receiving notices in the land-disturbance permit application; or (3) Delivering the notice to the agent, contractor, o~ employee of the permit holder '-'~' ~ ........ ~.~ ..~.. .~....~--'4 ~.,,..~.; .... ..,;.., ~, ..~ ~:~ ,~ t~e ~a"" ~:o.,,~; .... ..,:.., ; .... ;-~ or the responsible land disturber. (b) The notice shall statethe 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. If the 0505:62927.1 11 0 0 01 8 5 ~ 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 emer-ge~y measures to install ground cover or other temporary erosion and sediment control ~,n~,~l~ ~:,,-r devices ~" ^~'~ ~ · ...... : '~ ..... ~ .... .~ ~.-u ~., ~^.~.^1_ ~ ~ ......... ........... that are deemed necessary by the environmental engineer. The environmental engineer shall document all costs of any emer-ge~-y 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. ~,~,:~r,~ 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 § 10.1-566(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 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 permittee has failed to comply with the notice to comply. 0505:62927.1 ! 2 000186 (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. 000 Sec. 8-17. Penalty for violation of chapter. (a) A civil penalty in the amount listed on the schedule below shall be assessed 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 8-2(a) shall be a fine of $ ,ooo. (ii) Vegetative Measures: failure to comply with Minimum Standards 1,2,3 and 5 shall be a fine of $100. (iii) Structural Measures: failure to comply with Minimum Standards 4, 6, 10, 11, 15, and 17 shall be a fine of $100. (iv) Watercourse Measurers: failure to comply with Minimum Standards 12, 13 and 15 shall be a fine of $100. (v) Slope Stabilization/Protective Measures: failure to comply with Minimum Standards 7, 8 and 9 shall be a fine of $100. 0505:62927.1 13 0 0 0 ~ 8 7 (vi) Underground Utility Measures: failure to comply with Minimum Standard 16(a), (b), (c), and/or (d) shall be a fine of $100. (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. (viii) Dust Control: failure to comply with the Standard and Specification 3.39 relating to dust control shall be a fine of $100. (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 §10.1-563, who will be in charge of and responsible for carrying out the land-disturbing activity shall be a fine of $100. (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. (xi) Failure to obey a stop work order shall be a fine of $100. (xii) Failure to stop work when a permit is revoked shall be a fine of $100. (xiii) 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, 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. 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. (xiv) 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: 0505:62927.1 14 0 0 0 ~. 88 (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. (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 shall have the option of serving upon the owner or permittee of the site upon which the violation occurred the Civil Violation Summons, in lieu of the notice to comply provided for in Section 8-15 of this chapter. The Notice of Civil Violation shall be served in the same manner described in Section 8-15 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 (5) days of receipt of the Summons or, within ten (10) days from the date of mailing 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. (c---) (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. (d-) (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. 0505:62927.1 15 000:1.89 ~ (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.l 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 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. (2) That this ordinance shall become effective immediately upon adoption. 0505:62927.1 16 0 0 0 J' 9 0 An Affiliate of I~ledia General Advertising Affidavit (This is not a bill Please pay from invoice) P. O, Box 85333 Richmond, Virginia 23293~0001 (804) Code Description Ad Size Total TAKI4NOTICF. TAK¢ Nf)TICRTHATTFIF, RC~ARDCI 200 X 2400 ATTACH HERE Media General Operations, )nc. Publisher of THE RICHMOND TIMES-DISPATCH This is to cerU~ that the attached TAR'F, NIOT](2F, TAI4F. NOTICE was published by Richmond Newspapers, Inc. in the City of Richmond, State of Virginia, on the following Jates: 09/24/2003 10/01/2003 The first insertion being given Newspaper reference: Sworn to and subscribed before methisto ,0 Notary Public State of Virginia City of Richmond ~/l~ Commission expires 1534456 Supervisor THIS IS NOT A BILL, PLEASE PAY FROM INVOICE, THANK YOU I  ,.~ CHESTERFIELD COUNTY BOARD OF SUPERVISORS Page I of 1 ~ AGENDA Meetin~l Date: October 8, 2003 Item Number: 17. Subiect: Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors County Administrator's Comments: County Administrator: Board Action Requested: Summary of Information: Motion of adjournment and notice of a regularly scheduled meeting to be held on October 22, 2003 at 4:00 p.m. Preparer: Lisa H. Elko Title: Clerk to the Board Attachments: [--1 Yes 1No #oooa. sa.