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2024-04-24 Minutes 24-152 4/24/2024 BOARD OF SUPERVISORS MINUTES April 24, 2024 Supervisors in Attendance: Mr. James M. Holland, Chair Dr. Mark Miller, Vice Chair Mr. James A. Ingle, Jr. Ms. Jessica L. Schneider Mr. Kevin P. Carroll Dr. Joseph P. Casey County Administrator Mr. Holland called the meeting to order at 2:00 p.m. 1. APPROVAL OF MINUTES On motion of Mr. Ingle, seconded by Ms. Schneider, the Board approved the minutes of the March 13, 2024, and March 27, 2024, Board of Supervisors meeting, as submitted. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 2. REQUESTS TO POSTPONE AGENDA ITEMS AND ADDITIONS, DELETIONS OR CHANGES IN THE ORDER OF PRESENTATION There were no requests to postpone agenda items and additions, deletions or changes in the order of presentation. 3. EVERYDAY EXCELLENCE Dr. Casey and Lt. Col. Brad Badgerow recognized Officer Zabulon Cardona as the recipient of the Everyday Excellence award for his work keeping impaired drivers off county roadways. Lt. Col. Badgerow stated Officer Cardona has taken traffic safety and specifically impaired driving enforcement to a new level, responding to some 1,200 calls for service and having made more than 300 traffic and criminal arrests in addition to his work on the beat. Board members commended Officer Cardona for his unwavering commitment to safeguarding lives through dedicated traffic enforcement and ensuring the safety of the community. (Note: The recognition can be viewed at the following link: https://chesterfieldcova.portal.civicclerk.com/event/1037/med ia) 24-153 4/24/2024 4. WORK SESSIONS 4.B. PLANNING COMMISSION ANNUAL REPORT Mr. Frank Petroski and Mr. Gib Sloan, chair and vice chair of the Chesterfield Planning Commission, respectively, presented highlights of the Commission’s 2023 endeavors. Discussion and questions ensued relative to the information provided during the presentation. (Note: The presentation can be viewed at the following link: https://chesterfieldcova.portal.civicclerk.com/event/1037/med ia) 4.A. U.S. CONGRESSIONAL UPDATE – CONGRESSMAN ROBERT J. WITTMAN Congressman Robert J. Wittman, First Congressional District, provided an update to the Board relative to various legislative actions and initiatives. Discussion and questions ensued relative to the information provided during the presentation. (Note: The presentation can be viewed at the following link: https://chesterfieldcova.portal.civicclerk.com/event/1037/med ia) 4.C. POLICE DEPARTMENT ANNUAL UPDATE Lt. Col. Brad Badgerow, Acting Chief of Police, provided the Board with an update regarding current operations and future initiatives. Discussion and questions ensued relative to the information provided during the presentation. (Note: The presentation can be viewed at the following link: https://chesterfieldcova.portal.civicclerk.com/event/1037/med ia) 4.D. TRANSPORTATION UPDATE Ms. Chessa Walker, Transportation Director, joined by Mr. Matt Harris, Deputy County Administrator for Finance and Administration, provided an update to the Board regarding several transportation items on the evening’s consent agenda. Discussion and questions ensued relative to the information provided during the presentation. (Note: The presentation can be viewed at the following link: https://chesterfieldcova.portal.civicclerk.com/event/1037/med ia) 24-154 4/24/2024 4.E. CONSENT AGENDA HIGHLIGHTS Mr. Matt Harris updated the Board on various consent agenda highlights being proposed on this evening’s agenda. 5. REPORTS 5.A. REPORTS ON THE STATUS OF DISTRICT IMPROVEMENT OPERATING AND CAPITAL FUNDS, GENERAL FUND UNASSIGNED BALANCE AND DEBT POLICY RATIOS, AND INVESTMENTS The Board approved reports on the status of district improvement operating and capital funds, general fund unassigned balance and debt policy ratios, and investments. 6. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Mr. Mark Vincent expressed concerns regarding the lack of driving education provided by independent driving instructors. Ms. Jerry Cowan addressed the Board regarding the need for a Midlothian Library voting district. 7. CLOSED SESSION 7.A. PURSUANT TO 1) SECTION 2.2-3711(A)(19), CODE OF VIRGINIA, 1950, AS AMENDED, FOR DISCUSSION OF PLANS TO PROTECT PUBLIC SAFETY AS IT RELATES TO TERRORIST ACTIVITY OR SPECIFIC CYBERSECURITY THREATS OR VULNERABILITIES AND BRIEFING BY STAFF MEMBERS, LEGAL COUNSEL, OR LAW-ENFORCEMENT OR EMERGENCY SERVICE OFFICIALS CONCERNING ACTIONS TAKEN TO RESPOND TO SUCH MATTERS OR A RELATED THREAT TO PUBLIC SAFETY; DISCUSSION OF INFORMATION SUBJECT TO THE EXCLUSION IN SUBDIVISION 2 OR 14 OF SECTION 2.2-3705.2, WHERE DISCUSSION IN AN OPEN MEETING WOULD JEOPARDIZE THE SAFETY OF ANY PERSON OR THE SECURITY OF ANY FACILITY, BUILDING, STRUCTURE, INFORMATION, TECHNOLOGY SYSTEM, OR SOFTWARE PROGRAM; OR DISCUSSION OF REPORTS OR PLANS RELATED TO THE SECURITY OF AN GOVERNMENTAL FACILITY, BUILDING OR STRUCTURE, OR THE SAFETY OF PERSONS USING SUCH FACILITY, BUILDING OR STRUCTURE, 2) PURSUANT TO SECTION 2.2-3711(A)(5), CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS PROSPECTIVE INDUSTRIES LOCATING IN THE COUNTY WHERE NO PREVIOUS ANNOUNCEMENT HAS BEEN MADE OF THE INDUSTRIES’ INTEREST IN LOCATING IN THE COUNTY, 3) PURSUANT TO SECTION 2.2-3711(A)(3), CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS THE DISPOSITION OF PUBLICLY HELD REAL PROPERTY, AND 4) PURSUANT TO SECTION 2.2-3711(A)(3), CODE OF VIRGINIA, 1950, AS AMENDED, TO DISCUSS THE ACQUISITION BY THE COUNTY OF REAL ESTATE FOR A PUBLIC PURPOSE WHERE DISCUSSION IN AN OPEN MEETING WOULD ADVERSELY AFFECT THE BARGAINING POSITION AND NEGOTIATING STRATEGY OF THE PUBLIC BODY, AND 5)PURSUANT TO SECTION 2.2-3711(A)(29) TO DISCUSS THE AWARD OF A PUBLIC CONTRACT INVOLVING THE EXPENDITURE OF PUBLIC FUNDS WHERE DISCUSSION IN OPEN SESSION WOULD ADVERSELY AFFECT THE BARGAINING POSITION OR NEGOTIATING STRATEGY OF THE PUBLIC BODY 24-155 4/24/2024 On motion of Mr. Ingle, seconded by Ms. Schneider, the Board went into closed session pursuant to 1) Section 2.2-3711(A)(19), Code of Virginia, 1950, as amended, for discussion of plans to protect public safety as it relates to terrorist activity or specific cybersecurity threats or vulnerabilities and briefing by staff members, legal counsel, or law-enforcement or emergency service officials concerning actions taken to respond to such matters or a related threat to public safety; discussion of information subject to the exclusion in subdivision 2 or 14 of Section 2.2-3705.2, where discussion in an open meeting would jeopardize the safety of any person or the security of any facility, building, structure, information, technology system, or software program; or discussion of reports or plans related to the security of an governmental facility, building or structure, or the safety of persons using such facility, building or structure, 2) pursuant to Section 2.2-3711(A)(5), Code of Virginia, 1950, as amended, to discuss prospective industries locating in the county where no previous announcement has been made of the industries’ interest in locating in the county, 3) pursuant to Section 2.2-3711(A)(3), Code of Virginia, 1950, as amended, to discuss the disposition of publicly held real property, and 4) pursuant to Section 2.2-3711(A)(3), Code of Virginia, 1950, as amended, to discuss the acquisition by the county of real estate for a public purpose where discussion in an open meeting would adversely affect the bargaining position and negotiating strategy of the public body, and 5) pursuant to Section 2.2-3711(A)(29) to discuss the award of a public contract involving the expenditure of public funds where discussion in open session would adversely affect the bargaining position or negotiating strategy of the public body. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, the Board of Supervisors has this day adjourned into Closed Session in accordance with a formal vote of the Board and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, the Virginia Freedom of Information Act effective July 1, 1989 provides for certification that such Closed Session was conducted in conformity with law. NOW, THEREFORE BE IT RESOLVED, the Board of Supervisors does hereby certify that to the best of each member’s knowledge, i) only public business matters lawfully exempted from open meeting requirements under the Freedom of Information Act were discussed in Closed Session to which this certification applies, and ii) only such business matters were identified in the motion by which the Closed Session was convened were heard, discussed or considered by the Board. No member dissents from this certification. Mr. Ingle: Aye. Ms. Schneider: Aye. Mr. Carroll: Aye. Dr. Miller: Aye. Mr. Holland: Aye. 24-156 4/24/2024 8. RECESS FOR DINNER On motion of Mr. Carroll, seconded by Ms. Schneider, the Board recessed for dinner in Room 502. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. Reconvening: 9. INVOCATION The Honorable Jessica Schneider, Clover Hill District Supervisor, gave the invocation. 10. PLEDGE OF ALLEGIANCE Deputy County Administrator Matt Harris led the Pledge of Allegiance. 11. COUNTY ADMINISTRATION UPDATE 11.A. COMMUNITY SERVICES BOARD AWARDS Ms. Kelly Fried, Mental Health Support Services Executive Director, provided details relative to deserving organizations and individuals who were recognized at the Community Services Board Awards for their outstanding contributions toward serving those with intellectual disabilities, mental health, or substance abuse disorders. 11.B. INTRODUCTION OF TREATMENT COURT DIRECTOR Dr. Casey introduced Mr. Geoff Easton who has recently been promoted to Treatment Court Director. Mr. Easton previously served as the Sr. Assistant Commonwealth’s Attorney in the Chesterfield Commonwealth Attorney’s Office. 11.C. TOP WORKPLACE AWARDS Dr. Casey announced Chesterfield has once again been named one of the Top Workplaces in the nation based on the results of an employee engagement survey conducted last November. He also announced Chesterfield has also been selected as one of Virginia’s 2024 Top Employers for Interns by the Virginia Talent and Opportunity Partnership. 11.D. OTHER COUNTY ADMINISTRATION UPDATES • Dr. Casey noted first quarter state estimated income taxes are due May 1, and personal property taxes and first half real estate taxes are due June 5. 24-157 4/24/2024 • Dr. Casey announced based on concerns expressed over large quantities and placement of signage at county-owned early voting sites during the previous election, staff recommended establishing policy to address the topic. • Dr. Casey announced last Wednesday, the General Assembly gathered for the scheduled reconvened session where each body reviewed bills that have been amended or vetoed by the Governor. They had 116 amended bills and 153 vetoed bills to sort through, including the budget. As the General Assembly adjourned ‘sine die’ from reconvene, they formally accepted the resolution to return for a special session to receive a new budget on May 13 and vote on May 15. If the events run smoothly, the budget will then be sent to the Governor for signature. • Dr. Casey recognized Ms. Valerie Waldrop who requested inclusive play equipment, particularly swings in playgrounds in the Bermuda District. Staff determined that a basket swing and carousel were the best pieces to supplement the existing playgrounds with for inclusive play experiences. • Dr. Casey noted beginning Friday, May 3rd, early voting will be relocated from the Registrar’s Office to Central Library, located at 7051 Lucy Corr Boulevard. 12. BOARD MEMBER REPORTS Board members announced and provided details of several community meetings and county-related events they attended recently. 13. RESOLUTIONS AND SPECIAL RECOGNITIONS 13.A. RECOGNITION OF 2024 CHESTERFIELD COMMUNITY CHAMPIONS AWARDS RECIPIENTS Ms. Kelly Booth, Community Engagement Coordinator with Citizen Information and Resources, stated last week, Chesterfield unveiled its new Volunteer Walk of Fame, which honors volunteers who have made extraordinary contributions to county departments. She then recognized these volunteers selected for their outstanding contributions within the community. Board members expressed their appreciation to those volunteers for their special contributions to the county. 13.B. RESOLUTION RECOGNIZING FIREFIGHTER LUTHER M. DRUMMOND JR., FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT Chief Loy Senter introduced Firefighter Luther M. Drummond Jr. who was present to receive the resolution. On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: 24-158 4/24/2024 WHEREAS, Firefighter Luther M. Drummond Jr. retired from the Fire and Emergency Medical Services Department, Chesterfield County, on February 1, 2024; and WHEREAS, Firefighter Drummond completed Recruit School #27 in 1998 and has faithfully served the county for twenty-five years in various assignments at the Phillips, Buford, Centralia, Matoaca and the Airport Fire and EMS Stations; and WHEREAS, Firefighter Drummond was awarded several EMS Unit Citations; and WHEREAS, Firefighter Drummond was awarded a Medal of Valor Award for his involvement in the successful outcome of residents who were trapped inside of a multi-story home with heavy fire in 2016; and WHEREAS, Firefighter Drummond was awarded a Unit Lifesave for his involvement in the successful outcome of an injured resident who needed immediate extrication from a vehicle that had been in a severe motor vehicle accident in 2018; and WHEREAS, in 2015 Firefighter Drummond was recognized for his hazardous material technician skills at the Dupont Spruance Plant when he and his crew entered a “hot zone” to suppress vapors and repair a flange and valve on a leaking chemical tank; and WHEREAS, Firefighter Drummond was recognized for duties performed when he deployed to assist a fire department in Alexandria, Virginia during a significant snowstorm in 2010; and WHEREAS, in 2011 Firefighter Drummond was recognized as an effective team member for his involvement in hosting the visit of President Barack Obama at Buford Fire and EMS Station 9; and WHEREAS, in 2014 Firefighter Drummond was recognized as an effective team member for his involvement in hosting a National Disaster Medical Systems full scale exercise at the Chesterfield County Airport; and WHEREAS, in 2014 Firefighter Drummond was recognized for his involvement in the swift assembly of necessary Personal Protective Equipment (PPE) to isolate body substances in response to a suspected Ebola Virus Disease outbreak in Chesterfield; and WHEREAS, Firefighter Drummond demonstrated dedication and professionalism providing quality patient care to the residents of Chesterfield County during the COVID-19 outbreak of 2020. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors this 24th day of April 2024, publicly recognizes the contributions of Firefighter Luther M. Drummond Jr., expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and their congratulations upon his retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Firefighter Drummond, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. 24-159 4/24/2024 Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. Mr. Holland presented an executed resolution to Mr. Drummond, expressed appreciation for his valuable service and contributions to the county, and wished him a happy retirement. Dr. Casey presented Mr. Drummond with an engraved brick, expressed appreciation for his exceptional and faithful service to the county, and wished him well in his retirement. Mr. Drummond, accompanied by members of his family, thanked the Board of Supervisors for the special recognition and kind sentiments. A standing ovation followed. 13.C. RESOLUTION RECOGNIZING KATHERINE A. JONES, POLICE DEPARTMENT, UPON HER PASSING Lt. Col. Brad Badgerow introduced the family of Ms. Katherine A. Jones who was present to receive the resolution. On motion of Mr. Ingle, seconded by Ms. Schneider, the Board adopted the following resolution: WHEREAS, Katherine A. Jones passed away on January 15, 2024, after 7 years with the Chesterfield County Police Department and a total of over 31 years with Chesterfield County, during which time she provided outstanding quality service to the internal departments of Chesterfield County; and WHEREAS, Mrs. Jones began her career with the county in 1992, serving as an Accounts Payable Technician, Senior Accounts Payable Technician and Accounts Payable Specialist, and after joining the Police Department in 2017, served as an Accountant in the Police Finance Department; and WHEREAS, Mrs. Jones appreciated and embraced the importance of public service, especially with having her son and daughter-in-law serving as Virginia State Troopers, and was committed to the highest levels of customer service, doing whatever was needed to ensure that officers were able to serve safely, and the Finance Unit operated at peak efficiency; and WHEREAS, Mrs. Jones had exceptional skills in terms of organization and attention to detail, transacting many thousands of accounting related entries and tracking everything from the largest payments such as for the operations of the airplane in the aviation unit to the smallest payments for dog treats for the police canines; and WHEREAS, Mrs. Jones was a valuable resource and mentor to other employees in the department, always patient whether they were learning all the details of accounts payable, tracking down a missing entry or reconciling an out-of- balance account; and WHEREAS, Mrs. Jones always displayed a strong work ethic, and her teamwork was outstanding, as evidenced by her concerns for her employees and her willingness to help them complete work activities during staffing shortages and times of 24-160 4/24/2024 increased workloads; and WHEREAS, Mrs. Jones treasured her service in the Chesterfield Employees Association, serving in various roles including Historian and Secretary, believing in the importance of recognizing county employees for their service; and WHEREAS, Mrs. Jones received numerous letters of thanks and appreciation from internal department customers for her excellent customer service as well as from her co-workers for her assistance, support and teamwork; and WHEREAS, Mrs. Jones provided such thorough customer service relating to procedures, requirements, and continuity of operations, that it has eased the impact of her loss to the department and has allowed the Finance Unit to continue to maintain effective workflow and provide seamless customer service; and WHEREAS, Mrs. Jones provided Chesterfield County with many years of loyal and dedicated service; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mrs. Jones’ diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors publicly recognizes Katherine A. Jones and extends on behalf of its members and the residents of Chesterfield County, appreciation for her dedicated service to the county. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mrs. Jones’ family members, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. Mr. Holland presented the executed resolution to members of Ms. Jones’ family and expressed appreciation for her outstanding service to the county. Dr. Casey presented an engraved brick to Ms. Jones’ son expressed appreciation for Ms. Jones many years of dedicated service to the county. 14. NEW BUSINESS 14.A. APPOINTMENTS 14.A.1. CAMP BAKER MANAGEMENT BOARD On motion of Dr. Miller, seconded by Mr. Carroll, the Board nominated/reappointed Mr. William Poole as an at-large member, Ms. Elizabeth Hart as an at-large member, Mr. Patrick Knightly as the Midlothian member, and Ms. Monica Thomas-Moore as the Matoaca member to the Camp Baker Management Board with a term effective May 1, 2024, through April 30, 2027. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 24-161 4/24/2024 14.A.2. PARKS AND RECREATION ADVISORY COMMITTEE On motion of Ms. Schneider, seconded by Dr. Miller, the Board nominated/appointed Ms. Margaret Tate as the Dale District representative for a term effective April 24, 2024, through December 31, 2027. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.A.3. POLICE CHIEF RECOMMENDATION COMMITTEE On motion of Ms. Schneider, seconded by Mr. Carroll, the Board nominated/appointed Ms. Jessica Schneider to serve as the Board of Supervisors member on the Committee; Mr. Kevin Carroll as the member with police experience; and Dr. Kevin Sykes as a fifth member who is not an elected or appointed county official. The Board is also directing the Committee to recommend a minimum of three candidates in no rank order to the Board. Additionally, the Honorable David E. Johnson, Chief Judge, Chesterfield County Circuit Court, notified the county he has appointed the Honorable Edward A. Robbins, Jr., to serve as a member of the Recommendation Committee, pursuant to the County Charter. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B. CONSENT ITEMS 14.B.1. ADOPTION OF RESOLUTIONS 14.B.1.a. RESOLUTION RECOGNIZING GARY G. GRIFFITHS JR., FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, Lieutenant Gary G. Griffiths, Jr. retired from the Chesterfield County Fire and Emergency Medical Services Department, Chesterfield County, on April 1st, 2024; and WHEREAS, Lieutenant Griffiths completed Recruit School #27 in 1998 and has faithfully served Chesterfield County for over twenty-five years in various assignments as a Firefighter and Officer at the Bensley, Centralia, Dale, Airport, Chester, Bon Air, and Matoaca Fire and EMS stations; and WHEREAS, Lieutenant Griffiths faithfully served the Chesterfield Fire and EMS Training and Education Division as the Vector Solutions Administrator; and WHEREAS, Lieutenant Griffiths served as a member of the Peer Support Team from 2010-2024; and WHEREAS, Lieutenant Griffiths served as a back-up flight medic for the Med Flight Program from 2006-2009; and 24-162 4/24/2024 WHEREAS, Lieutenant Griffiths served as an Advanced Life Support Instructor and Field Training Officer from 2000-2019; and WHEREAS, Lieutenant Griffiths served as a member of the ALS-Field Training Program development committee; and WHEREAS, Lieutenant Griffiths has been decorated with a Richmond Retail Merchants Bronze Valor Award for exemplary performance of duties in 2008; and WHEREAS, Lieutenant Griffiths was awarded an EMS Lifesave and EMS Unit Citation Awards for his involvement in the successful outcome of a resident suffering cardiac arrest on May 21, 2001; and WHEREAS, Lieutenant Griffiths was awarded an EMS Lifesave and EMS Unit Citation Awards for his involvement in the successful outcome of a resident suffering cardiac arrest on June 1, 2003; and WHEREAS, Lieutenant Griffiths was awarded an EMS Unit Citation Award for his involvement in the successful outcome of three residents who were involved in a vehicular accident where a car hit a tree on February 1, 2005; and WHEREAS, Lieutenant Griffiths was awarded an EMS Lifesave Award for his involvement in the successful outcome of a resident experiencing chest pain on October 28, 2006; and WHEREAS, Lieutenant Griffiths was awarded a Unit Citation Award for his involvement in the successful outcome of a resident trapped inside of a pick-up truck that struck a tree on June 23, 2015; and NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the contributions of Lieutenant Gary G. Griffiths, Jr., expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and their congratulations upon his retirement. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B.1.b. RESOLUTION RECOGNIZING LIEUTENANT KENNETH W. MITCHELL, FIRE AND EMERGENCY MEDICAL SERVICES, UPON HIS RETIREMENT On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, Lieutenant Kenneth W. Mitchell Jr. retired from the Chesterfield County Fire and Emergency Medical Services Department, on April 1, 2024; and WHEREAS, Lieutenant Mitchell completed Recruit School #39 in 2007 and has faithfully served Chesterfield County for seventeen years in various assignments as a firefighter and 24-163 4/24/2024 officer at the Dale, Buford, Ettrick, Harrowgate, Swift Creek, Chester, and Rivers Bend Fire and EMS Stations; and WHEREAS, Lieutenant Mitchell was assigned to the Fire Training Division and was the lead instructor for volunteer Recruit Schools #28 and #29 and a training instructor for Career Recruit School #49; and WHEREAS, Lieutenant Mitchell served as a member of the Peer Support Team and WHEREAS, Lieutenant Mitchell served as a member of the Marine Incident Response Team; and WHEREAS, Lieutenant Mitchell served as a member of the career firefighter Interview Panel; and WHEREAS, Lieutenant Mitchell was assigned to the Fire and Life Safety Division in August of 2020, serving as the department’s Public Information Officer, and WHEREAS, Lieutenant Mitchell was awarded an EMS Lifesave Award and a Unit Citation Award for his involvement in the successful outcome of a patient who had suffered several stab wounds on July 6,2008; and WHEREAS, Lieutenant Mitchell was awarded an EMS Unit Citation Award for his involvement in the successful outcome of a patient who was unresponsive due to an overdose on July 25, 2009; and WHEREAS, Lieutenant Mitchell was awarded an EMS Lifesave Award and a Unit Citation Award for his involvement in the successful outcome of a patient with a self-inflicted gunshot wound on December 26, 2009; and WHEREAS, Lieutenant Mitchell was awarded an EMS Lifesave Award for his involvement in the successful outcome of a patient who had suffered several stab wounds on December 24, 2011; and WHEREAS, Lieutenant Mitchell was awarded an EMS Unit Citation Award for his involvement in the successful outcome of a patient who was unresponsive and not breathing as a result of falling down a flight of stairs on January 14, 2012; and NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the contributions of Lieutenant Kenneth W. Mitchell Jr., expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and their congratulations upon his retirement. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B.1.c. RESOLUTION RECOGNIZING FIREFIGHTER EUGENE F. LEDLIE JR., FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, Firefighter Eugene F. Ledlie Jr. retired from the Chesterfield County Fire and Emergency Medical Services Department, on March 1, 2024; and 24-164 4/24/2024 WHEREAS, Firefighter Ledlie completed Recruit School #26 in 1996 and has faithfully served Chesterfield County for twenty-eight years in various assignments as a firefighter at the Dale, Chester, Dutch Gap Fire Stations and served as the Department’s Apparatus Coordinator; and WHEREAS, Firefighter Ledlie served as a member of the Scuba Rescue Team; the Technical Rescue Team; and the Virginia Helicopter Aquatic Rescue Team; and WHEREAS, Firefighter Ledlie served as a member of the Chesterfield Fire and EMS Honor Guard; and WHEREAS, Firefighter Ledlie was awarded a Unit Citation Award for his involvement in the successful outcome of two children involved in a structure fire with significant fire loss on April 12, 1997; and WHEREAS, Firefighter Ledlie was awarded a Life Save Award for the successful outcome of a resident in a structure fire on December 12, 1997; and WHEREAS, Firefighter Ledlie was awarded EMS Life Save Awards for his involvement in the successful outcome of residents suffering cardiac arrest on February 22, 1999, March 6, 2000, and on January 21, 2001; and WHEREAS, Firefighter Ledlie was awarded a Unit Citation Award for his involvement in the successful rescue of a horse that was trapped in a stable on June 7, 2002; and WHEREAS, Firefighter Ledlie was awarded a Unit Citation Award for his involvement in the successful outcome of three residents who were involved in a car accident on February 1, 2005; and WHEREAS, Firefighter Ledlie was awarded a Unit Citation Award for his involvement in the successful outcome of a car in a retention pond on Kingston Avenue on February 12, 2006; and WHEREAS, Firefighter Ledlie was awarded a Life Save Award for his involvement in the successful outcome of a resident that was trapped in a trench collapse on March 26, 2009; and WHEREAS, Firefighter Ledlie was awarded a Unit Citation Award for his involvement in the successful outcome of a resident who had severe difficulty breathing on March 23, 2010; and WHEREAS, Firefighter Ledlie was awarded a Life Save Award for his involvement in the successful outcome of residents who were trapped in rising water in Colonial Beach during Tropical Storm Lee on September 9, 2011; and WHEREAS, Firefighter Ledlie was awarded a Unit Citation Award for his involvement in the successful outcome of a resident who had fallen into the James River on December 28, 2011; and 24-165 4/24/2024 WHEREAS, Firefighter Ledlie was awarded a Unit Citation Award for his involvement in the successful outcome of several residents who jumped from a boat that was on fire into the James River on July 7, 2012; and WHEREAS, Firefighter Ledlie was awarded a Unit Citation Award for his involvement in the successful outcome of an intense fire at a single-family dwelling on June 1, 2014; and WHEREAS, Firefighter Ledlie was awarded an EMS Life Save Award for his involvement in the successful outcome of a resident suffering cardiac arrest on August 31, 2013; and NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the valuable contributions of Firefighter Eugene F. Ledlie Jr., expresses the appreciation of all residents for his service to the county, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B.1.d. RESOLUTION RECOGNIZING BATTALION CHIEF JAMES D. DILLON III, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, Battalion Chief James D. Dillon, III retired from the Chesterfield Fire and Emergency Medical Services Department, Chesterfield County, on April 1, 2024; and WHEREAS, Battalion Chief Dillon completed Recruit School #31 and has faithfully served the county for 19 years in various assignments, as a firefighter paramedic at the Airport, Buford, and Centralia Fire and EMS stations; and WHEREAS, Battalion Chief Dillon was promoted to lieutenant in April 2011, serving as the company officer at the Chester, Ettrick and Dutch Gap Fire and EMS Stations; and WHEREAS, Battalion Chief Dillon served in the Fire Training Division as a fire instructor for Fire Recruit Schools 44, 45, and 46; and implemented a web based on-line training management platform for firefighter training courses and maintenance of training records; and WHEREAS, Battalion Chief Dillon accepted an assignment to the Emergency Medical Services Division to develop and become the first supervisor of the Mobile Integrated Healthcare Program; and WHEREAS, Battalion Chief Dillon was promoted to captain in January 2014, serving as the station captain at the Courthouse Road Fire and EMS station and later served as the Deputy Director of the Emergency Medical Services Division; and 24-166 4/24/2024 WHEREAS, Battalion Chief Dillon was promoted to battalion chief in November 2018, serving as the western battalion and the division head for the Resource Management Division; and WHEREAS, Battalion Chief Dillon served as a founding member of the Toxic Exposure workgroup that developed best practices to reduce firefighter exposure to the toxic by-products produced from firefighting operations; and WHEREAS, Battalion Chief Dillon developed the department’s Maritime Incident Response Team and trained the first team members on maritime emergency vessel operations on the James River, equipment operation and maintenance, and created operational procedures to guide the program; and WHEREAS, Battalion Chief Dillon was awarded two EMS Lifesaves and two Unit Citations for the successful outcome of two residents who suffered critical injuries sustained in a head-on vehicle collision on October 2, 2002, and for treatment of a resident with a severe laceration to the neck on February 12, 2004; and WHEREAS, Battalion Chief Dillon was instrumental in writing the application for three federal grants totaling more than three million dollars in awards for the acquisition of a Marine Emergency Response Vessel, fire station diesel particulate removal system, and early cancer detection screening for firefighters; and NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Battalion Chief James D. Dillon III, expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and their congratulations upon his retirement. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B.1.e. RESOLUTION RECOGNIZING LIEUTENANT ROBERT D. CLARY, FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, Lieutenant Robert D. Clary retired from the Chesterfield Fire and Emergency Medical Services Department, on April 1st, 2024; and WHEREAS, Lieutenant Clary attended Recruit School #26 in 1996 and has faithfully served Chesterfield County for twenty- eight years in various assignments as a firefighter and officer at the Chester, Wagstaff, Bensley, Ettrick, Harrowgate, Manchester, Winterpock, Courthouse, and Matoaca Fire and EMS Stations; and WHEREAS, Lieutenant Clary was awarded an EMS Unit Citation for his involvement in the successful outcome of a pediatric 24-167 4/24/2024 patient who suffered a significant head injury on November 15, 1997; and WHEREAS, Lieutenant Clary was awarded an EMS Lifesave for his involvement in the successful outcome of a resident during extraordinary circumstances presented by Tropical Storm Isabel on September 1, 2003; and WHEREAS, Lieutenant Clary was awarded an EMS Unit Citation Award for his involvement in the successful outcome of a resident who stopped breathing on October 19, 2005; and WHEREAS, Lieutenant Clary was awarded a Unit Lifesave Award for his involvement in the successful outcome of a patient suffering cardiac arrest on March 18, 2017; and NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the contributions of Lieutenant Robert D. Clary, expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and their congratulations upon his retirement. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B.1.f. RESOLUTION RECOGNIZING MR. CARL SCHLAUDT, COMMUNITY ENHANCEMENT DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, Mr. Carl Schlaudt retired from the Chesterfield County Community Enhancement Department on December 15, 2023, after providing 23 years of quality service to the citizens of Chesterfield County; and WHEREAS, Mr. Schlaudt has faithfully served the county in two different departments during his tenure, in the capacity of Principal Planner, Project Manager, and Planning Administrator in the Planning Department, and Revitalization Manager in the Community Enhancement Department; and WHEREAS, Mr. Schlaudt created a state-of-the-practice Public Facilities Plan while serving in the Planning Department; and WHEREAS, Mr. Schlaudt authored twenty-five (25) Communities Reports for the County while serving in the Planning Department; and WHEREAS, Mr. Schlaudt managed the County’s Subdivision Update project and Revitalization Strategy while in the Planning Department; and WHEREAS, Mr. Schlaudt managed the County’s Blight Acquisition program in conjunction with the Building and Inspection Department while in the Community Enhancement Department; and 24-168 4/24/2024 WHEREAS, Mr. Schlaudt served as project lead for the federally funded Lead-Based Paint Hazard Control program, and Rehabilitation Tax Exemption program while in the Community Enhancement Department; and WHEREAS, Mr. Schlaudt led the creation of the County’s Stability and Vitality Index (STAVI), and the Shopping Center Index while in the Community Enhancement Department; and WHEREAS, Mr. Schlaudt worked tirelessly as project lead for the County’s two (2) service districts, as well as the temporary sign removal program while in the Community Enhancement Department; and WHEREAS, Mr. Schlaudt has received many accolades over the years for his professionalism, creative ideas, and on-time delivery of project requests; and WHEREAS, Chesterfield County and the Board of Supervisors will miss Mr. Schlaudt’s diligent service. NOW, THEREFORE, BE IT RESOLVED, that the Chesterfield County Board of Supervisors, this 24th day of April 2024, publicly recognizes Mr. Carl Schlaudt, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for her service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED, that a copy of this resolution be presented to Mr. Schlaudt, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B.1.g. RESOLUTION RECOGNIZING MR. KEVIN J. BRUNNER, CHESTERFIELD COUNTY JUVENILE JUSTICE SERVICES, UPON HIS RETIREMENT On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, Mr. Kevin J. Brunner retired from the Chesterfield County Juvenile Justice Services on April 1, 2024, after dedicating over 25 years of service to the most vulnerable citizens of Chesterfield County; and WHEREAS, Mr. Brunner began his work as a part-time Weekend Workforce employee housed at the Juvenile Detention Home and was subsequently hired as the Program Coordinator; and WHEREAS, Mr. Brunner is responsible for establishing the Community Service Program, offering the judges in the 12th District Juvenile and Domestic Relations Court a dispositional alternative to secure detention while still holding children accountable for their offenses; and WHEREAS, Mr. Brunner forged partnerships throughout the County for Community Service Program participants to complete work, averaging over $100,000 worth of work to improve the 24-169 4/24/2024 community while keeping kids out of detention and allowing judges to hold children accountable for their offenses; and WHEREAS, Mr. Brunner demonstrated creativity and flexibility in evolving the program from just weekends to offering weeknight options for children to complete community service hours, responding to the varying needs of families with limited transportation and busy work schedules; expanding the program’s capacity in 2018 to serve diversion referrals and moving his office to the Adolescent Resource Pathways building; and WHEREAS, under Mr. Brunner’s leadership and his commitment to the participants’ success, the Community Service Program exceeded performance goals with more than 80% of participants completing their court-ordered hours within the prescribed time. The program’s success rate was 99% for FY23; and WHEREAS, Mr. Brunner is known to have skills as a carpenter, mechanic, puzzle solver, fruit lover, comedian, comrade to his co-workers, thorough debriefer and just a darn good person; and WHEREAS, Mr. Brunner’s commitment and dedication to the success of the Community Service Program and his historical knowledge will be missed. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors, this 24th day of April 2024, publicly recognizes Mr. Kevin J. Brunner, and extends on behalf of its members and the citizens of Chesterfield County, appreciation for his years of exemplary and loyal service to the county, congratulations upon his retirement, and best wishes for a long and happy retirement. AND, BE IT FURTHER RESOLVED that a copy of this resolution be presented to Mr. Brunner, and that this resolution be permanently recorded among the papers of this Board of Supervisors of Chesterfield County, Virginia. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B.1.h. RESOLUTION RECOGNIZING RICKY VAUGHAN, UTILITIES DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, Ricky Vaughan retired from the Chesterfield Utilities Department, Chesterfield County, on April 1, 2024, after faithfully serving the county and its citizens for over 44 years; and WHEREAS, Ricky Vaughan began his service to the citizens of Chesterfield County in 1979 as a Plant Operator Trainee at the Falling Creek Wastewater Treatment Plant; and WHEREAS, Ricky Vaughan moved to the Proctor’s Creek Wastewater Treatment Plant as a utilities maintenance worker II position in 1983 and shortly that same year was promoted to the utilities maintenance worker III position; and 24-170 4/24/2024 WHEREAS, Ricky Vaughan, because of his dedication and skill, advanced through the ranks to utility supervisor of maintenance in 2004; and WHEREAS, Ricky Vaughan led the maintenance team through a rebuild of the preliminary grit collectors in 2010, yielding more than a quarter million dollar cost savings to the county; and WHEREAS, Ricky Vaughan consistently promoted teamwork, using challenging projects as opportunities to build comradery and unit cohesiveness; and WHEREAS, Ricky Vaughan trained many plant operator trainees to become skilled maintenance staff and licensed plant operators during his service to the county; and WHEREAS, Ricky Vaughan was integral to the expansion of the Proctor’s Creek Wastewater Treatment Plant from 3 million gallons per day (MGD) in 1983 to its current capacity of 27 MGD; and WHEREAS, Ricky Vaughan was promoted to assistant chief operator of maintenance in 2016 for his demonstrated leadership capabilities; and WHEREAS, Ricky Vaughan was instrumental in the Proctor’s Creek Wastewater Treatment Plant earning numerous awards since becoming assistant chief operator of maintenance, including the NACWA Peak Performance Awards (2014-2022), Virginia Environmental Excellence Program (VEEP 2017-2023), and Utility of the Future Recognition for Beneficial Biosolids Use (2021); and NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the contributions of Ricky Vaughan, expresses the appreciation of all residents for his service to the county, and extends their appreciation for his dedicated service and their congratulations upon his retirement. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B.1.i. RESOLUTION RECOGNIZING MARK BATTISTA, PARKS AND RECREATION DEPARTMENT, UPON HIS RETIREMENT On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, Mr. Mark Battista will retire on May 1, 2024, from the Chesterfield County Department of Parks & Recreation; and WHEREAS, Mr. Battista began his public service with Chesterfield County as a Senior Recreation Specialist & Park Naturalist in September 1988 in the Parks and Recreation Department and has continued to faithfully work in that capacity; and WHEREAS, Mr. Battista has provided excellent customer service and integrity in planning and leading over 3,000 natural history programs offered to the public and school groups in Chesterfield County; and 24-171 4/24/2024 WHEREAS, Mr. Battista’s knowledge of the natural world and flexibility in presenting engaging and interesting content has proven invaluable in his ability to offer fun, educational, and captivating programs to participants of all ages and backgrounds; and WHEREAS, Mr. Battista’s knowledge of and passion for the natural world around us is apparent to everyone he has impacted with his programs, trips, and lecture; and WHEREAS, Mr. Battista has been a dedicated conservation steward working with the Capital Region Land Conservancy to both interpret and advocate for the county’s six conservation areas: Swift Creek, Rivers Bend, Dutch Gap, Brown & Williamson, Atkins Acres, Falling Creek; and WHEREAS, Mr. Battista has been responsible for and instrumental in the development and operation of the Rockwood Nature Center and the Rockwood Community Gardens; and WHEREAS, Mr. Battista has been an invaluable asset to the success and growth of the entire Chesterfield Outdoor Section within Parks and Recreation; and WHEREAS, Mr. Battista will be greatly missed by his co-workers and the citizens of Chesterfield County whom he has served. NOW, THEREFORE BE IT RESOLVED, that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Mr. Mark Battista, expresses the appreciation of all residents for his thirty-five years of service to Chesterfield County, and extends and promulgates a deep appreciation for his dedicated service to Chesterfield County. We wish him congratulations and best wishes for a long and happy retirement. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B.2. REAL PROPERTY REQUESTS 14.B.2.a. ACCEPTANCE OF PARCELS OF LAND 14.B.2.a.1. ACCEPTANCE OF A PARCEL OF LAND ADJACENT TO COSBY ROAD FROM COSBY VILLAGE, LLC On motion of Mr. Carroll, seconded by Dr. Miller, the Board accepted the conveyance of a parcel of land containing 0.080 acres adjacent to Cosby Road from Cosby Village, LLC and authorized the County Administrator to execute the deed. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 24-172 4/24/2024 14.B.2.a.2. ACCEPTANCE OF A PARCEL OF LAND ADJACENT TO BUFORD ROAD FROM THE TRUSTEES OF ISLAMIC CENTER OF VIRGINIA On motion of Mr. Carroll, seconded by Dr. Miller, the Board accepted the conveyance of a parcel of land containing 0.109 acres adjacent to Buford Road from the Trustees of Islamic Center of Virginia and authorized the County Administrator to execute the deed. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B.2.a.3. ACCEPTANCE OF PARCELS OF LAND ADJACENT TO OTTERDALE ROAD FROM THE BENSON W. HOWARD LIVING TRUST, PATRICIA H. HOWARD LIVING TRUST, WESTERLEIGH COMMUNITY ASSOCIATION, INC., ANDREW FERGUSON AND CINDI FERGUSON On motion of Mr. Carroll, seconded by Dr. Miller, the Board accepted the conveyances of five parcels of land containing 1.110 acres adjacent to Otterdale Road from the Benson W. Howard Living Trust, Patricia H. Howard Living Trust, Westerleigh Community Association, Inc., Andrew Ferguson and Cindi Ferguson and authorized the County Administrator to execute the deeds. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B.2.a.4. ACCEPTANCE OF A PARCEL OF LAND ADJOINING THE SOUTH RIGHT OF WAY LINE OF GENITO ROAD FROM 19000 GENITO ROAD, LLC On motion of Mr. Carroll, seconded by Dr. Miller, the Board accepted the conveyance of a parcel of land containing 0.432 acres adjoining the south right of way line of Genito Road, State Route 604 from 19000 Genito Road, LLC and authorized the County Administrator to execute the deed. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B.2.b. CONVEYANCE OF EASEMENTS 14.B.2.b.1. DESIGNATION OF A PARCEL OF LAND FOR THE GENITO ROAD INTERSECTION PROJECT On motion of Mr. Carroll, seconded by Dr. Miller, the Board approved the designation of a parcel of land containing 0.645 acres for the Genito Road intersection project. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 24-173 4/24/2024 14.B.2.c. REQUESTS TO QUITCLAIM 14.B.2.c.1. REQUEST TO QUITCLAIM VIRGINIA STORMWATER MANAGEMENT PROGRAM (VSMP) EASEMENTS, DRAINAGE EASEMENTS (PUBLIC), SWM/BMP ACCESS EASEMENTS AND SWM/BMP EASEMENTS ACROSS THE PROPERTIES OWNED BY BVT-BAINBRIDGE MIDLOTHIAN OWNER, LLP On motion of Mr. Carroll, seconded by Dr. Miller, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to quitclaim Virginia Stormwater Management Program (VSMP) easements, drainage easements (public), SWM/BMP access easements and SWM/BMP easements across the properties owned by BVT- Bainbridge Midlothian Owner, LLP. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B.2.c.2. REQUEST TO QUITCLAIM A VARIABLE WIDTH VDOT DRAINAGE EASEMENT On motion of Mr. Carroll, seconded by Dr. Miller, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to quitclaim a variable width VDOT drainage easement across property owned by RREF II-TFC Greenwich, LLC and Greenwich Walk Townhome Condominium at Foxcreek, LLC. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B.3. ACCEPTANCE OF STATE ROADS On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia, and the Department’s Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. 24-174 4/24/2024 AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Glen Abbey at Magnolia Green Section 2 Type Change to the Secondary System of State Highways: Additions Reason for Change: New Subdivision Streets Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334 Street Name and/or Route Number • Veronica Drive, State Route Number 8477 From: 0.01 miles south of Jones Run Trail, (Route 8476) To: Veronica Court, (Route 8555), a distance of 0.06 miles Recordation Reference: Plat Book 295, Page 33 Right of Way width (feet) = 50 • Veronica Drive, State Route Number 8477 From: Veronica Court, (Route 8555) To: The temporary turnaround, a distance of 0.05 miles Recordation Reference: Plat Book 295, Page 33 Right of Way width (feet) = 50 • Veronica Court, State Route Number 8555 From: Veronica Drive (Route 8477) To: Oak Summit Drive, (Route 8556), a distance of 0.16 miles Recordation Reference: Plat Book 295, Page 33 Right of Way width (feet) = 50 • Veronica Court, State Route Number 8555 From: Oak Summit Drive, (Route 8556) To: The cul-de-sac, a distance of 0.06 miles Recordation Reference: Plat Book 295, Page 33 Right of Way width (feet) = 50 • Oak Summit Drive, State Route Number 8556 From: Veronica Court, (Route 8555) To: 0.06 miles south of Veronica Court, (Route 8555), a distance of 0.06 miles Recordation Reference: Plat Book 295, Page 33 Right of Way width (feet) = 50 And, further, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, 24-175 4/24/2024 pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia, and the Department’s Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Magnolia Summit Drive Extension - Phase 1 Type Change to the Secondary System of State Highways: Addition Reason for Change: New Subdivision Street Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334 Street Name and/or Route Number • Oak Summit Drive, State Route Number 8556 From: 0.06 miles south of Veronica Court, (Route 8555) To: Magnolia Summit Drive, (Route 8557), a distance of 0.02 miles Recordation Reference: Plat Book 291, Page 63 Right of Way width (feet) = 50 • Magnolia Summit Drive, State Route Number 8557 From: Oak Summit Drive, (Route 8556) To: 0.02 miles west of Oak Summit Drive, (Route 8556), a distance of 0.02 miles Recordation Reference: Plat Book 291, Page 63 Right of Way width (feet) = 70 • Magnolia Summit Drive, State Route Number 8557 From: 0.02 miles west of Oak Summit Drive, (Route 8556) To: 0.06 miles northwest of Oak Summit Drive, (Route 8556), a distance of 0.04 miles Recordation Reference: Plat Book 291, Page 63 Right of Way width (feet) =70 • Magnolia Summit Drive, State Route Number 8557 From: 0.06 miles northwest of Oak Summit Drive, (Route 8556), To: 0.10 miles northwest of Oak Summit Drive, (Route 8556), a distance of 0.04 miles Recordation Reference: Plat Book 291, Page 63 Right of Way width (feet) = 70 • Magnolia Summit Drive, State Route Number 8557 From: 0.10 miles northwest of Oak Summit Drive, (Route 8556) To: Magnolia Green Parkway, (Route 7692), a distance of 0.07 miles Recordation Reference: Plat Book 291, Page 63 Right of Way width (feet) = 70 Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 24-176 4/24/2024 14.B.4. ACCEPTANCE OF STATE ROADS – CORRECTION OF ITEM PREVIOUSLY SUBMITTED On motion of Mr. Carroll, seconded by Dr. Miller, the Board approved the following corrections to the following resolution for the referenced state road acceptances: WHEREAS, the streets described below are shown on a plat recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Sections 33.2-705 and 33.2-334, Code of Virginia, and the Department’s Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. Project/Subdivision: Clover Hill Industrial Park Phase II (corrected) Type Change to the Secondary System of State Highways: Additions Reason for Change: New Subdivision Streets Pursuant to Code of Virginia Statute: §33.2-705, 33.2-334 Street Name and/or Route Number • Deerhill Road, State Route Number 7332 From: 0.22 miles northeast of Deerleaf Way, (Route 7334) To: Deerhill Court, (Route 8448), a distance of 0.01 miles Recordation Reference: Plat Book 279, Page 22 Right of Way width (feet) = 60 • Deerhill Road, State Route Number 7332 From: Deerhill Court, (Route 8448) To: The cul-de-sac, a distance of 0.31 miles Recordation Reference: Plat Book 279, Page 22 Right of Way width (feet) = 60 • Deerhill Court, State Route Number 8448 From: Deerhill Road, (Route 7332) To: The cul-de-sac, a distance of 0.07 miles Recordation Reference: Plat Book 279, Page 22 Right of Way width (feet) = 60 Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 24-177 4/24/2024 14.B.5. AWARD OF A CONTRACT TO MULTIPLE FIRMS FOR PROFESSIONAL ENGINEERING SERVICES RELATIVE TO WATERSHED MANAGEMENT On motion of Mr. Carroll, seconded by Dr. Miller, the Board authorized the County Administrator to execute the contract for professional engineering services relative to watershed management with Arcadis U.S. Inc., Johnson Mirmiran & Thompson, Inc., Hazen and Sawyer, Rummel Klepper & Kahl, LLP, and Timmons Group, Inc. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B.6. AWARD OF CONSTRUCTION CONTRACT AND POTENTIAL CHANGE ORDERS FOR THE CHESTERFIELD COURTHOUSE VEHICLE SALLYPORT ADDITION On motion of Mr. Carroll, seconded by Dr. Miller, the Board authorized the Director of Procurement to award a construction contract in the amount of $3,600,000 to SRC Inc., the lowest responsive and responsible bidder, and approved all necessary change orders, up to the amount budgeted for the project. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B.7. SET PUBLIC HEARING 14.B.7.a. TO CONSIDER THE FY2025-FY2030 SECONDARY ROAD SIX-YEAR PLAN AND FY2025 SECONDARY ROAD BUDGET On motion of Mr. Carroll, seconded by Dr. Miller, the Board set May 15, 2024, as the date to hold a public hearing to consider the FY2025-FY2030 Secondary Road Six-Year Plan and FY2025 Secondary Road Budget. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B.7.b. TO CONSIDER AMENDMENTS TO SECTIONS 9-24 AND 9-25 OF THE COUNTY CODE TO PROVIDE FOR AUTOMATIC ADJUSTMENTS TO THE COUNTY TAX RELIEF AND NET WORTH THRESHOLDS TO ALIGN WITH THE ANNUAL PERCENTAGE ADJUSTMENTS OF THE SOCIAL SECURITY AND SUPPLEMENTARY INCOME COST OF LIVING ADJUSTMENTS (SSI COLA); AND TO CONSIDER ONE-TIME AMENDMENTS TO INCREASE THE ELIGIBLE ACREAGE FROM ONE TO TEN ACRES, INCREASE THE NET WORTH LIMIT, AND TO REMOVE THE MAXIMUM CAP ON RELIEF On motion of Mr. Carroll, seconded by Dr. Miller, the Board set May 15, 2024, as the date to hold a public hearing to consider amendments to Sections 9-24 and 9-25 of the County Code to provide for automatic adjustments to the county tax relief and net worth thresholds to align with the annual 24-178 4/24/2024 percentage adjustments of the social security and supplementary income cost of living adjustments (SSI COLA); and to consider one-time amendments to increase the eligible acreage from one to ten acres, increase the net worth limit, and to remove the maximum cap on relief. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B.7.c. CONSIDERATION OF EMINENT DOMAIN FOR FALL LINE TRAIL: ROUTE 1 (MARINA DRIVE – ELLIHAM AVENUE) RIGHT-OF-WAY AND EASEMENT ACQUISITION On motion of Mr. Carroll, seconded by Dr. Miller, the Board set May 15, 2024, as the date to hold a public hearing for consideration of eminent domain for Fall Line Trail: Route 1 (Marina Drive – Elliham Avenue) right-of-way and easement acquisition. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 14.B.7.d. TO CONSIDER APPROPRIATING TRANSPORTATION REVENUE BONDS AS OUTLINED DURING THE FY2025 BUDGET PROCESS On motion of Mr. Carroll, seconded by Dr. Miller, the Board set May 15, 2024, as the date to hold a public hearing to consider appropriating transportation revenue bonds as outlined during the FY2025 budget process. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 15. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Laura Keadle expressed concerns relative to the volume of trash being thrown down on Chesterfield roadways and neighborhoods. The following individuals addressed the Board regarding the proposed Dominion Energy Peaker Plant: Ms. Pamela Hill Ms. Aliya Farooq Mr. Chris Wiegard Ms. Marni Pilafian 16. DEFERRED ITEMS FROM PREVIOUS MEETINGS There were no deferred items from previous meetings. 24-179 4/24/2024 17. REQUESTS FOR MANUFACTURED HOME PERMITS AND REZONING PLACED ON THE CONSENT AGENDA 23SN0087 In Bermuda Magisterial District, Meadowville Road Rezoning is a request to rezone from Agricultural (A), Neighborhood Business (C-2), and Community Business (C-3) to Community Business (C-3) with conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map on 5.46 acres known as 27, 101, 107, 109, 111, and 121 Meadowville Road, and 108, 116, 200, and 204 East Hundred Road. The Comprehensive Plan suggests the property is appropriate for Community Business use. Tax IDs 814-652-5387, 6781, 7781, 7994; 814-653-4407, 5807, 6613, 7317, 7920, and 8631. Ms. Hall introduced Case 23SN0087. She stated Mr. Ingle is requesting a deferral until the Board’s regularly scheduled June 26, 2024, meeting. Mr. Holland called for public comment. There being no one to speak to the deferral, the public hearing was closed. On motion of Mr. Ingle, seconded by Mr. Carroll, the Board deferred Case 23SN0087 until their June 26, 2024, regularly scheduled meeting. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. Ms. Sara Hall stated for each case on the consent agenda, staff has received written confirmation from the applicants that they agree with the conditions being imposed and all proffers are offered in compliance with state law. 23SN0053 In Midlothian Magisterial District, Unity Church of Bon Air Sign is a request for conditional use to permit a changeable copy sign plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map in a Residential (R-15) District on 4.53 acres known as 923 and 925 Buford Road. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2 to 4 dwellings per acre). Tax IDs 757-710-7093 and 758-710-0393. Ms. Hall introduced Case 23SN0053. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval, subject to the conditions in the staff report. Mr. Holland called for public comment. 24-180 4/24/2024 There being no one to speak to the issue, the public hearing was closed. On motion of Dr. Miller, seconded by Mr. Carroll, the Board approved Case 23SN0053, subject to the following conditions: 1. Sign Design and Location. The sign shall be designed generally as shown on Exhibit A. (P) 2. Changeable Copy Component. The changeable copy component of the freestanding sign shall be permitted as shown on Exhibit A. (P) 3. Sign Area. The freestanding sign shall not exceed a sign area of 31.2 square feet. (P) 4. Sign Height. The freestanding sign shall not exceed a height of 8.4 feet. (P) Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 23SN0056 In Bermuda Magisterial District, Kingsland Acres Buffer and Setback Reduction is a request for conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map in a Residential (R-7) District known as 3530 Kingsland Road. The 2.02 acre property is developed with one single family dwelling. Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2 to 4 dwellings per acre). Tax ID 787- 673-3401. Ms. Hall introduced Case 23SN0056. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval, subject to the conditions in the staff report. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Ingle, seconded by Mr. Carroll, the Board approved Case 23SN0056, subject to the following conditions: 1. Buffer: There shall be no buffer requirement for proposed Lot 1 as shown on Exhibit A. (P) 2. Setbacks: The required front yard setback for the existing home on Lot 1 shall be reduced to twelve (12) feet as shown on Exhibit A. Should the dwelling be removed or demolished, all new construction shall meet current ordinance requirements. (P) Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 24-181 4/24/2024 23SN0067 In Midlothian Magisterial District, Coger Parking Setback Reduction is a request for conditional use planned development to permit exceptions to parking setback requirements and amendment of zoning district map in a Corporate Office (O-2) District on 5.79 acres known as 601 Turner Road. The Comprehensive Plan suggests the property is appropriate for Regional Mixed Use. Tax ID 763-704-1556. Ms. Hall introduced Case 23SN0067. She stated staff received no comments on the case, and the Planning Commission and staff recommended approval, subject to the conditions in the staff report. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Dr. Miller, seconded by Ms. Schneider, the Board approved Case 23SN0067, subject to the following proffered conditions: 1. Master Plan. The Master Plan for the Property shall consist of the following: a. The Textual Statement dated December 4, 2023. b. The improvements to the parking area shall be in general conformance with the conceptual site plan titled “Conceptual Site Plan” and attached hereto as Exhibit A. (P) 2. Surface Treatment. Parking shall be paved with asphalt, concrete, bituminous concrete, or a similar material approved by the Planning Department at time of site plan approval. (P) 3. Landscaping. Enhanced landscaping will be planted within the parking setback at a level of 1.5 times Landscaping Schedule B or as comparable alternative landscaping treatments are approved by the Department of Planning at the time of site plan approval. (P) 4. Site Plan Submission. Either an amendment to Site Plan 09PR0189 or a new site plan for the property shall be submitted for review by the Planning Department within thirty (30) days of approval by the Board of Supervisors. (P) Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 18. ZONING AND MOBILE HOME DISCUSSION CASES There were no zoning and/or mobile discussion cases at this time. 24-182 4/24/2024 19. PUBLIC HEARINGS 19.A. TO CONSIDER CLAIM OF SUSAN BELLANCA FOR SURPLUS TAX SALE FUNDS Mr. Jeff Mincks stated this date and time has been advertised for the Board to consider the claim of Susan Bellanca for surplus tax sale funds. Mr. Holland called for public comment. Mr. Ryder Smith, representing Ms. Bellanca, stated her former husband was in attendance, who has power of attorney over the principal’s estate. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Ingle, seconded by Mr. Carroll, the Board approved the claim of Susan Bellanca for surplus tax funds in the amount of $84,060.50. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 19.B. CODE AMENDMENT TO ARTICLE V REGARDING FLOODPLAIN MANAGEMENT DISTRICTS AND DAM BREAK INUNDATION ZONES AND ARTICLE VI REGARDING DEFINITIONS (24PJ0107) ORDINANCE TO AMEND THE CODE OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING THE FOLLOWING SECTIONS OF THE ZONING ORDINANCE: SECTIONS 19.1-501, 19.1-502, AND 19.1-503 REGARDING FLOODPLAIN MANAGEMENT DISTRICTS AND DAM BREAK INUNDATION ZONES, AND SECTION 19.1-570 REGARDING DEFINITIONS Mr. Scott Smedley stated this date and time has been advertised for the Board to consider updates to the Zoning Ordinance, Article V regarding Floodplain Management Districts and Dam Break Inundation Zones and Article VI regarding definitions. Mr. Holland called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Carroll, seconded by Ms. Schneider, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND RE-ENACTING SECTIONS 19.1-501 through 19.1-503 and 19.1-570 OF THE ZONING ORDINANCE RELATING TO FLOODPLAIN MANAGEMENT DISTRICTS AND DAM BREAK INUNDATION ZONES AND DEFINITIONS BE IT ORDAINED by the Board of Supervisors of Chesterfield County: 24-183 4/24/2024 (1) That Sections 19.1-501 through 19.1-503 and 19.1-570 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted to read as follows: ARTICLE V. ENVIRONMENTAL STANDARDS DIVISION 1. FLOODPLAIN MANAGEMENT DISTRICTS AND DAM BREAK INUNDATION ZONES Sec. 19.1-500. – Purpose and Areas of Applicability. A. The floodplain management regulations set forth in this division are adopted pursuant to the authority set forth in Va. Code § 15.2-2280 and may be referred to as the floodplain management ordinance. The purpose of these provisions is to prevent loss of life and property, creation of hazards to health and safety, disruption of commercial and governmental services, extraordinary and unnecessary expenditure of public funds for flood protection and relief and impairment of the tax base by: 1. Regulating uses, activities and development which, acting alone or in combination with other existing or future uses, activities and development, will cause unacceptable increases in flood heights, velocities and frequencies, or risk of inundation due to a dam break. 2. Restricting or prohibiting certain uses, activities and development from locating within areas subject to flooding or dam break inundation. 3. Requiring all those uses, activities and developments that do occur in floodprone areas or dam break inundation zones to be protected and/or floodproofed against flooding and flood damage. 4. Providing information to the public regarding lands and structures which are unsuited for certain purposes because of flood hazards or risk of inundation due to a dam break. B. No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered except in full compliance with the requirements of this division and any other applicable ordinances and regulations that apply to uses within the scope of this division. C. The requirements of this division shall apply to all privately and publicly owned lands within the county that are identified as special flood hazard areas according to the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) provided to the county by FEMA or identified as floodplains by the director of environmental engineering. The requirements of this division take precedence over any less restrictive laws, ordinances or codes. Any ordinance, however, shall remain in full force and effect to the extent that its provisions are more restrictive. Sec. 19.1-501. – Administration of Regulations. 1. This division shall be enforced by the director of environmental engineering and such deputies as he may appoint. The director of environmental engineering shall serve as the county’s floodplain management administrator. In the absence of a designated floodplain management administrator, the duties are conducted by the Deputy County Administrator of Community Development. The floodplain management administrator 24-184 4/24/2024 shall review all subdivision and site plans, improvement sketches, land disturbance permits and building permits, and certify that the proposed development or construction is not in violation of the provisions of this division. If a proposed development or construction is in conflict with this division, the director of environmental engineering shall refuse to approve such plan or building permit. The floodplain management administrator may delegate duties to qualified technical personnel or enter into a written contract with another entity to administer specific provisions of these regulations, however that shall not relieve the county of its responsibilities as set forth in the Code of Federal Regulations at 44 C.F.R. Section 59.22. 2. The duties and responsibilities of the director of environmental engineering under this division include, but are not limited to, the following: a. Review applications for permits to determine whether proposed activities will be located in the special flood hazard area or other floodplains identified by the director of environmental engineering. b. Make interpretations as to the exact location of special flood hazard areas, floodplain boundaries and floodway boundaries and provide available base flood elevation and flood hazard information. c. Review applications to determine whether proposed activities will be reasonably safe from flooding, and require new construction and substantial improvements to meet the requirements of these regulations. d. Review applications to determine whether all necessary permits have been obtained from the federal, state or local agencies from which prior or concurrent approval is required; in particular, permits from state agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the 100 year frequency floodplain of free-flowing non- tidal waters of the state. e. Verify that applicants proposing an alteration of a Federal Emergency Management Agency (FEMA) identified watercourse have notified adjacent localities, the Virginia Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies (VADEQ, USACE) and have submitted copies of such notifications to FEMA. f. Notify FEMA when the county’s base flood elevations have increased or decreased as a result of physical changes affecting flooding conditions. The notification shall be made as soon as practicable, but not later than six months, after the date such information becomes available, and shall include submittal of technical or scientific data. These submittals are necessary so that, upon confirmation of any physical changes that affect flooding conditions, the risk premium rates and floodplain management requirements will be based upon current data. 24-185 4/24/2024 g. Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met or disapprove applications if the provisions of these regulations have not been met. h. Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with these regulations or to determine if non-compliance has occurred or violations have been committed. i. Review Elevation Certificates and require incomplete or deficient certificates to be corrected. j. Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for the county or by private parties within six months after such data and information becomes available if the analyses indicate changes in base flood elevations. k. Maintain and permanently keep records that are necessary for the administration of these regulations, including: a. Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and maps and current effective studies and maps), flood boundary and floodway maps, mapped dam break inundation zones (when provided to the director of environmental engineering), and Letters of Map Change; b. When provided to the director of environmental engineering, documentation supporting: issuance and denial of permits, Elevation Certificates, the elevation (in relation to the datum on the FIRM) to which structures have been floodproofed, other required design certifications, exceptions, and records of enforcement actions taken to correct violations of these regulations; c. Records of all actions associated with administering this division, including exceptions and the justification for their issuance, and reports to the federal insurance administrator, as required. l. Enforce, or cause to be enforced, the provisions of these regulations, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action. m. Advise the board of zoning appeals regarding the intent of these regulations and, for each appeal from an exception determination made by the director of environmental engineering, prepare a staff report and recommendation for the board of zoning appeals. n. Administer the requirements related to proposed work on existing buildings: i. Make determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged. ii. Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct, and prohibit the non-compliant repair of substantially damaged buildings except for temporary 24-186 4/24/2024 emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage. o. Notify FEMA when the boundaries of the county have been modified and: a. Provide a map that clearly delineates the new boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and b. If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the board of supervisors for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall be provided to the Virginia Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA. p. Upon the request of FEMA, complete and submit a report concerning participation in the National Flood Insurance Program (NFIP) which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of exceptions issued for development in the SFHA. q. Take into account flood and flood-related erosion hazards, to the extent that they are known, in all official actions relating to land management and use throughout the entire jurisdictional area of the county, whether or not those hazards have been specifically delineated geographically (e.g. via mapping or surveying). r. If a Preliminary Flood Insurance Rate Map and/or a Preliminary Flood Insurance Study has been provided by FEMA: i. Upon the issuance of a Letter of Final Determination by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations. ii. Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to Sec. 19.1-500.C. and used where no base flood elevations and/or floodway areas are provided on the effective FIRM. iii. Prior to issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations or floodway areas exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA. s. Undertake, as determined by the director of environmental engineering, appropriate other actions which may include but are not limited to: issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners 24-187 4/24/2024 with documentation necessary to file claims for Increased Cost of Compliance coverage under NFIP flood insurance policies. 3. For floodplain management definitions, see Section 19.1-570. Sec. 19.1-502. – Floodplains and Zones Generally. A. Basis of Special Flood Hazard Area (“SHFA”) Districts. The special flood hazard areas shall include the following districts, which are established as overlay zones superimposed over the existing base zoning districts and which do not affect the uses and activities of the base zones except as provided in this division. The basis for the delineation of these SFHA districts shall be: the FIS and the FIRM for the county prepared by the Federal Emergency Management Agency; Federal Insurance Administration, dated May 8, 2024 and any subsequent revisions or amendments thereto; and any other 100 year floodplains identified by the director of environmental engineering. The boundaries of the SFHA districts are established as shown on the FIRM which is declared to be a part of this ordinance and which shall be kept on file by the director of environmental engineering. 1. The AE Zone on the FIRM accompanying the FIS shall be those areas for which one percent annual chance flood elevations have been provided and the floodway has not been delineated, as well as additional areas shown on applicable studies, as determined by the director of environmental engineering. The following shall apply: a. Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as Zone AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot. b. Development activities in Zone AE which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies, with the county’s endorsement, for a conditional letter of map revision, and receives the approval of FEMA. 2. The floodway district is located in the AE Zone. It shall be those areas within the floodplain capable of carrying the waters of the one percent annual chance flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this district are specifically defined in Table 5 of the FIS and shown on the accompanying FIRM and also include, where applicable, those additional areas identified by the director of environmental engineering. 3. The floodway fringe district is also located in the AE Zone. It shall be that area of the base flood area not included in the floodway. The basis for the outermost boundary of this area shall be the base flood elevations contained in the flood profiles of the FIS, as shown on the accompanying FIRM or as shown on any other applicable study, as determined by the director of environmental engineering. 4. The A Zone or approximated floodplain district on the FIRM shall be those areas for 24-188 4/24/2024 which no detailed flood profiles or elevations are provided, but the one percent annual chance floodplain boundary has been approximated. For these areas, the base flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific one percent annual chance flood elevation cannot be determined for this area using other sources of data, such as the U. S. Army Corps of Engineers Floodplain Information Reports, U. S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this base flood elevation. For non-residential development proposed in the approximated floodplain district, the applicant must use technical methods that correctly reflect detailed hydrologic and hydraulic analyses. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or other individuals qualified to perform such analyses, who shall certify that the technical methods used accurately reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the director of environmental engineering and shall include a theoretical delineation of the Floodway District from the AE Zone when development within an approximated floodplain district is requested. The director of environmental engineering reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to a minimum of one foot above the base flood level. 5. During the permitting process, the applicant shall provide to the director of environmental engineering: a. The elevation of the lowest floor (including the basement) of all new and substantially improved structures; and, b. if the structure has been flood-proofed in accordance with the requirements of this article, the elevation (in relation to mean sea level) to which the structure has been flood-proofed. 6. Base flood elevation data shall be obtained from other sources or developed using detailed methodologies comparable to those contained in a FIS for subdivision proposals and other development proposals (including manufactured home parks and subdivisions). B. Floodplains Boundary Changes. The delineation on FEMA floodplain maps of any of the FEMA floodplains may be revised by the county when natural or manmade changes have occurred and/or more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or where an individual documents the need for such change. However, prior to any such change, approval must be obtained from FEMA. C. Interpretation of Floodplain Boundaries. Initial interpretation of the boundaries of the FEMA special flood hazard areas, floodplain boundaries, and floodway boundaries shall be made by the director of environmental engineering. An appeal to the board of zoning appeals may be taken by any person aggrieved by the interpretation. The following shall apply to the use and interpretation of FIRMs and data: 1. Where field surveyed topography indicates that adjacent ground elevations: 24-189 4/24/2024 a. are below the base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as a special flood hazard area and subject to these regulations; b. are above the base flood elevation, the area shall be regulated as a special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the SFHA. 2. In FEMA-identified special flood hazard areas where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified SFHAs, any other flood hazard data available from a federal, state, or other source shall be reviewed and reasonably used. 3. Base flood elevations and designated floodway boundaries on FIRMs and in FISs shall take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower base flood elevations. 4. Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMs and in FISs. D. Letters of Map revision. When development in the floodplain causes a change in the base flood elevation, the applicant, including state agencies, must notify FEMA as soon as practicable, but not later than six months after the date such information becomes available by applying for a conditional letter of map revision (CLOMR) or a letter of map revision (LOMR). A letter of map revision is required, without limitation, in the following circumstances: any development that causes a rise in the base flood elevations within the floodway; any development occurring in Zone AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation; and alteration or relocation of a stream (including, but not limited to, installing culverts and bridges). Sec. 19.1-503. – Floodplains and Dam Break Inundation Zones Regulations. A. General Provisions. 1. All uses, activities and development occurring within any floodplain district shall be undertaken only after the issuance of a land disturbance and/or building permit. Such development shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and ordinances, including, but not limited to, the Virginia Uniform Statewide Building Code and the county subdivision and erosion and sediment control ordinances. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system unless approved by the director of environmental engineering. Prior to the issuance of any building permit and/or land disturbance permit, the director of environmental engineering shall require all applications to include compliance with all applicable state and federal laws, and review all sites to assure they are reasonably safe from flooding. In addition to the basic information on the permit, the applicant shall provide the following information: 24-190 4/24/2024 a. For every structure that will be constructed on a lot or parcel that includes a floodplain, the elevation of the lowest floor, including basement, and horizontal distance of the structure from the outermost boundary of the base flood. b. For every nonresidential structure that will be floodproofed, the elevation to which the structure will be floodproofed. c. The elevation of the base flood. d. Topographic information showing existing and proposed ground elevations or, if approved by the director of environmental engineering, other means of indicating direction of water flow. 2. Prior to any proposed alteration or relocation of any channels or floodways of any watercourse, streams, etc., as shown on the county's FIRM, and prior to approval by the director of environmental engineering, the applicant shall also obtain approval from the U.S. Army Corps of Engineers, the Virginia Department of Environmental Quality or the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Further, the applicant shall give notification of the proposal to all affected adjacent localities. Copies of such notifications shall be forwarded to the director of environmental engineering, the Virginia Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA. The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained. 3. One residential dwelling shall be permitted on each parcel that was recorded as of March 16, 1983, that is at least 95 percent inundated by the base flood and that is located within the base flood, provided it shall have a minimum floor level, including basement, of one foot above the base flood and cause no increase in the base flood elevation. No residential dwelling shall be permitted on parcels recorded after March 16, 1983, that are located within the base flood unless approved by the director of environmental engineering through the exception process of Secs.19.1- 504. and 19.1-505. and even then only if such dwelling has a minimum floor level of one foot above the base flood and causes no increase in the base flood elevation. 4. All new construction and substantial improvements to accessory buildings and structures shall be permitted within a floodway fringe area if the director of environmental engineering determines that it does not adversely affect the base flood. 5. All substantial improvements of residential dwellings within the base flood area shall comply with Sec. 19.1-506.1. 6. All new construction and substantial improvements of residential dwellings adjacent to the base flood area/backwater shall be set back at least 25 feet horizontal distance from the outermost boundary of the base flood area/backwater and have a minimum lowest floor level, including basement, of one foot above the base flood elevation. In the Upper Swift Creek Watershed, all new construction of and substantial improvements to residential dwellings shall be setback at least 35 feet horizontal distance from the outermost boundary of the 100 year floodplain where the contributing drainage area exceeds 100 acres. 24-191 4/24/2024 7. All new construction and substantial improvements of nonresidential structures and accessory buildings: a. Within the floodway fringe shall either: have a minimum floor level of one foot above the base flood elevation, or, together with attendant utility and sanitary facilities, be designed to be watertight at least one foot above the base flood elevation with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. b. Within the Upper Swift Creek Watershed all new construction and substantial improvements of nonresidential structures and accessory buildings shall be located outside the floodway fringe and shall be set back at least 25 feet horizontal distance from the outermost boundary of the base flood area, wetlands, Resource Protection Areas and 100 year floodplains where the contributing drainage area exceeds 100 acres, provided however, that when LID practices, as determined by the director of environmental engineering, are used adjacent to wetlands, floodplains and Resource Protection Areas, the setback may be reduced to 5 feet. 8. All new construction and substantial improvements of nonresidential structures on property adjacent to the base flood area shall either: have a minimum floor level of one foot above the base flood elevation of the nearest A Zone, or, together with attendant utility and sanitary facilities, be designed so that at least one foot above the base flood elevation of the nearest A Zone is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. 9. When floodproofing is used for a particular structure in accordance with subsection 7 of this section, a registered professional engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood. A record of such certificates, indicating the specific elevation (referenced to the National Geodetic Vertical Datum of 1929 (NGVD)) to which structures are floodproofed shall be maintained by the director of environmental engineering in accordance with Sec. 19.1-501. 10. The county's emergency management coordinator may require that owners of existing manufactured home parks and manufactured home subdivisions located within the base flood area file an evacuation plan indicating alternate vehicular access and escape routes. 11. All existing manufactured homes (in parks or on individual lots/parcels) located in the base flood area shall be anchored to resist flotation, collapse or lateral movement by providing over-the-top and frame ties to ground anchors. Specific requirements shall be that: over-the top ties shall be provided at each of the four corners of the manufactured home with two additional ties per side at intermediate locations, but manufactured homes less than 50 feet long require one additional tie per side; frame ties shall be provided at each corner of the home with five additional ties per side at intermediate points, but homes less than 50 feet long require four additional ties per side; all components of the anchoring system shall be capable of carrying a force of 4,800 pounds; and any additions to the home shall be similarly anchored. All such manufactured homes shall be located no less than three feet 24-192 4/24/2024 above grade, provided that no manufactured home at the same site has sustained substantial damage from a flood. If any manufactured home at the same site has sustained substantial damage from a flood, all existing manufactured homes at the same site shall be elevated on a permanent foundation, such that the lowest floor of the manufactured home is elevated to or above the base flood elevation. 12. The placement of new manufactured homes on individual lots or parcels, the construction of new manufactured home parks and manufactured home subdivisions, and the expansion or substantial improvements to existing manufactured home parks and manufactured home subdivisions shall be prohibited within the base flood area. 13. The placement of new manufactured homes on individual lots or parcels adjacent to the base flood area, the construction of new manufactured home parks and manufactured home subdivisions, and the expansion of existing manufactured home parks and manufactured home subdivisions shall require that: stands or lots be elevated on compacted fill or on pilings so that the lowest floor of the home will be at least one foot above the base flood elevation of the nearest A zone and be set back at least 25 feet horizontal distance from the outermost boundary of the base flood; adequate surface drainage and access for a hauler be provided; and, in the instance of elevation on pilings, lots be large enough to permit steps piling foundations to be placed in stable soil not more than ten feet apart and reinforcement shall be provided for pilings more than six feet above ground level. 14. All subdivision proposals and other proposed new developments shall include, within such proposals, base flood elevation data. In addition, all subdivision proposals shall be consistent with the need to minimize flood damage, including location and construction of public utilities and facilities such as sewer, gas, electrical and water systems, and shall provide for adequate drainage to reduce exposure to flood hazards. Base flood evaluation data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a Flood Insurance Study for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions). 15. All new construction and substantial improvements to existing structures shall have the access driveways elevated to at least the base flood elevation. 16. All new construction and substantial improvements to existing structures shall be anchored to prevent flotation, collapse or lateral movement of the structure, constructed with materials and utility equipment that are resistant to flood damage, and constructed by methods and practices that minimize flood damage. 17. There shall be no filling of any floodplain unless approved by the director of environmental engineering and an approved land disturbance permit, building permit, improvement sketch, subdivision or site plan is on file with the department of environmental engineering. 18. Filling in the base flood area shall be prohibited to make a building lot for the purpose of constructing a residential dwelling unless permitted by an exception issued by the director of environmental engineering. This prohibition shall not apply to Section 19.1-503.A.3. 24-193 4/24/2024 19. New construction or substantial improvement of any residential structure (including manufactured homes) in Zones AE and A with detailed base flood elevations shall have the lowest floor, including basement, elevated to a minimum of one foot above the base flood level. 20. New construction or substantial improvement of any commercial, industrial, or non-residential building (or manufactured home) shall have the lowest floor, including basement, elevated to a minimum of one foot above the base flood level. 21. Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 22. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. 23. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. 24. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. 25. Commercial buildings located in all AE Zones may be flood-proofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus one foot are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by the director of environmental engineering. 26. In Zones A and AE, fully enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall: a. Not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator); b. Be constructed entirely of flood resistant materials below the regulatory flood protection elevation; and c. Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria: 24-194 4/24/2024 • Provide a minimum of two openings on different sides of each enclosed area subject to flooding. • The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding. • If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit. • The bottom of all required openings shall be no higher than one foot above the adjacent grade. • Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions. • Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above. 27. Prior to issuance of a certificate of occupancy for any single family dwelling on a lot or parcel which is located, in whole or in part, on a FEMA floodplain, the owner of the lot or parcel shall obtain and file an elevation certificate for the lot with the director of environmental engineering. 28. All recreational vehicles placed on sites must either be on the site for fewer than 180 consecutive days, be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions) or meet all the requirements for manufactured homes. 29. New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. B. Floodway District. The following shall be prohibited in the floodway district: structures, substantial improvements, manufactured homes, fill or other development. The county shall not grant relief from this provision through any process, unless relief from this provision shall have first been approved by FEMA to the extent that the director of environmental engineering determines that FEMA approval is required. C. Floodway Fringe District. 1. Generally. In the floodway fringe district, the development and/or use of land shall be permitted in accordance with the regulations of the underlying zoning district, but all such uses, activities and/or development shall not increase the base flood elevation and they shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all applicable codes and ordinances. 2. Permitted Uses. a. Nonresidential construction, subject to the provisions of Sec. 19.1-503.A.7. 24-195 4/24/2024 b. Accessory structures, subject to the provisions of Sec. 19.1-503.A.4. c. Golf courses. D. Approximated Floodplain District. In the approximated floodplain district, all development and uses shall be the same as permitted in the floodway district. E. 100 Year Floodplains in Upper Swift Creek Watershed. 1. The following shall be prohibited within the Upper Swift Creek Watershed 100 year floodplains when the contributing drainage area exceeds 100 acres in size: a. Clear cutting; b. Removal of tree stumps; c. Clearing of vegetation; d. Filling; e. Grading; f. Placement of fences or other appurtenant structures. 2. The following actions are exempt from the prohibitions outlined above: a. Construction, installation, operation and maintenance of electric, gas, cable and telephone transmission lines, railroads and public roads and their appurtenant structures if conducted in accordance with the Erosion and Sediment Control Law, Code of Virginia, §§ 62.1-44.15:51 et seq, or an erosion and sediment control plan approved by the State Water Control Board. b. Construction, installation and maintenance of water, sewer and local gas lines, provided that: 1. To the degree possible, the location of such utilities and facilities should be outside 100 year floodplain. 2. No more land than necessary shall be disturbed to provide for the desired utility installation. 3. All construction, installation and maintenance of such utilities and facilities shall be in compliance with any applicable federal, state and local requirements and permits and designed and conducted in a manner that protects water quality. 4. Any land disturbance exceeding an area of 2,500 square feet shall comply with all erosion and sediment control requirements of chapter 8 and this division. c. Silvicultural activities on lands in any agricultural district, provided that such activities adhere to water quality protection procedures prescribed by the department of forestry in its publication known as the Virginia Forestry Best Management Practices Technical Manual for Water Quality, as amended. d. Construction of the following: 1. Water wells; 2. Boardwalks, trails, pathways; and 24-196 4/24/2024 3. Historic preservation and archaeological activities; provided that the director of environmental engineering finds that: • Any required permits, except those to which this exemption specifically applies, shall have been issued; • Sufficient and reasonable proof is submitted that the intended use shall not deteriorate water quality; • The intended use does not conflict with nearby planned or approved uses; and • Any land disturbance exceeding an area of 2,500 square feet shall comply with all erosion and sediment control requirements of chapter 8 of this division. e. Approved proper woodlot management practices. F. Reasonable consideration shall be given to protect life and property in mapped dam break inundation zones against impounding structure failure, in accordance with state law. Sec. 19.1-504. Exceptions. A. The burden of proof rests upon the applicant for an exception to the requirements of this division, and, without such proof, the request must be denied. The applicant must show, in addition to the requirements contained in Sec. 19.1-505, good and sufficient cause that failure to grant the exception would result in an exceptional hardship; that granting the exception will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances; and that the exception is the minimum necessary, considering the flood hazard or risk of dam break inundation, to afford relief. No exception shall be granted within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. B. While the granting of exceptions generally is limited to a lot size less than one- half acre, deviations from that limitation may occur. Exceptions may be issued by the director of environmental engineering for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of this section. C. Exceptions may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of this section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood, and create no additional threats to public safety. D. The decision of the director of environmental engineering regarding an application for an exception may be appealed to the Board of Zoning Appeals pursuant to Sec. 19.1-5 of this chapter. Sec. 19.1-505. Factors to be Considered in Granting Exceptions. 24-197 4/24/2024 A. In considering applications for development in the floodway, floodway fringe districts, and 100 year floodplains designated as riparian corridor management areas, including consideration of exceptions from the requirements of this division, the director of environmental engineering shall consider the following factors in addition to the requirements set forth in Sec.19.1-504: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. No exception shall be granted for any proposed use that will cause any increase in flood levels during the base flood. 2. The danger of materials being swept onto other lands or downstream and causing injury. 3. The proposed water supply and sanitation systems, and the ability of these systems to prevent disease, contamination and unsanitary conditions. 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. 5. The importance of the services provided by the proposed facility to the community. 6. The requirements of the facility for a waterfront location. 7. The availability of alternate locations not subject to flooding for the proposed use. 8. The compatibility of the proposed use with existing and anticipated future development. 9. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. 10. The safety of access to the property in time of flood by ordinary and emergency vehicles. 11. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. 12. The loss of beneficial natural stormwater management characteristics. 13. The historic nature of a structure. Exceptions to allow for repair or rehabilitation of historic structures may be granted upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure, and the exception is the minimum necessary to preserve the historic character and design of the structure. 14. Such other factors that are relevant to the purposes of this division. B. The director of environmental engineering may refer an application and accompanying documentation for an exception to an engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights, velocities, the adequacy of the plans for protection or any other related matters. 24-198 4/24/2024 C. The director of environmental engineering may forward requests for exceptions to FEMA for comment. D. The director of environmental engineering shall notify the applicant for an exception, in writing, that the approval of such for construction of a structure below the base flood elevation could increase risk to life and property, and could result in increased premium rates for flood insurance. E. A record of the above notification, as well as all exceptions, including justification for their issuance, shall be maintained by the director of environmental engineering. Approvals of exceptions to FEMA regulations shall be noted in the annual report submitted to FEMA. Sec. 19.1-506. Existing Structures in Floodplain Districts. A structure or use of a structure on premises which lawfully existed before February 23, 1983, but which is not in conformity with this division may be continued subject to the following conditions: 1. Residential structures. a. The modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use requiring a building permit located in any Special Flood Hazard Area district, to an extent or amount of less than 50 percent of its value, in accordance with the county assessor's records if available, shall be elevated to the greatest extent possible and conform to the Virginia Uniform Statewide Building Code. b. A residential structure that receives substantial improvement shall be elevated to at least one foot above the base flood elevation. 2. Nonresidential structures. a. The modification, alteration, repair, reconstruction or improvement of any kind to a nonresidential structure and/or use located in any Special Flood Hazard Area district, to an extent or amount of less than 50 percent of its value, in accordance with the county assessor's records if available, shall be elevated and/or floodproofed to the greatest extent possible. b. A nonresidential structure that receives substantial improvement shall be elevated to at least one foot above the base flood elevation and/or floodproofed to at least one foot above the base flood elevation. 3. Residential and nonresidential structures. The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any Special Flood Hazard Area district, to an extent or amount of 50 percent or more of its value, in accordance with the county assessor’s records if available, shall be undertaken only in full compliance with the floodplain management ordinance and shall require the entire structure to conform to the requirements of the building code. 24-199 4/24/2024 4. Existing structures in the floodway district shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed expansion would not result in any increase in the base flood elevation. 5. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation and encroachment standards are met. Sec. 19.1-507. Additional Provisions Relative to Flood Hazard Mitigation. Within the special flood hazard areas, the following additional provisions shall be met: 1. All electric water heaters, electric furnaces and other critical electrical installations shall be permitted only at elevations at least one foot above the base flood elevation. 2. Water supply systems, sanitary waste water systems and gas and oil supply systems shall be designed to preclude infiltration of floodwaters into the systems and discharges from the systems into floodwaters. Design and construction shall be in accordance with requirements of the Virginia Uniform Statewide Building Code. 3. Adequate drainage shall be provided to minimize exposure to flood heights. 4. The preliminary plat or the construction plan if a preliminary plat was not submitted shall include a map showing the location of the proposed subdivision and/or land development with respect to any designated floodplain district, including information on, but not limited to, the base flood elevations, boundaries of the floodplain districts, proposed lots and sites and fills and areas subject to special deed restrictions. 5. A building permit application shall include the location of the base flood, if previously determined. Sec. 19.1-508. Additional Provisions Relating to Floodplain Management Ordinance. A. The degree of flood protection sought by the provisions of this division is considered reasonable for regulatory purposes and is based upon acceptable engineering methods of study, but does not imply total flood protection. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This division does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. B. This division shall not create liability on the part of the county, or any officer or employee thereof, for any flood damages that result from reliance on this division, or any administrative decision lawfully made thereunder. C. The requirements of this division shall be enforced pursuant to Sec. 19.1-6 of this chapter, except for any violations of the Virginia Uniform Statewide Building Code which shall be enforced pursuant to section 5-10 of chapter 5 of this Code. The imposition of a fine or penalty for any violation or non-compliance shall not excuse 24-200 4/24/2024 the violation or non-compliance or permit it to continue and all responsible persons shall be required to correct or remedy such violations or non-compliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in non-compliance with this division may be declared by the county to be a public nuisance and abatable as such. Furthermore, flood insurance may be withheld from structures constructed in violation of this division. D. The provisions of this division are severable in accordance with section 1-3 of chapter 1 of this Code. Section 19.1-509. through 19.1-519. Reserved. OOO ARTICLE VI. DEFINITIONS Sec. 19.1-570. – Definitions. For the purposes of this chapter, the following words and phrases shall have the following meanings: OOO Appurtenant or accessory structures: For floodplain management purposes (Article V, Division 1 of this Chapter), a non-residential structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures are not to exceed 600 square feet. OOO Backwater: Base flood elevation of water resulting from a flow-retarding influence from a dam or other construction, such as a road, embankment, bridge or culvert. OOO Basement: Portion of a building where the majority of the wall area between the floor and the ceiling is below ground. For floodplain management purposes (Article V, Division 1 of this Chapter), any area of the building having its floor sub-grade (below ground level) on all sides. OOO Building, elevated: For purposes of the floodplain management ordinance, a non-basement building built to have the lowest floor elevated above the ground level by means of solid foundation perimeter walls, pilings, or columns (posts and piers). OOO Development: Tract of land developed, or proposed to be developed, as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain more than one residential dwelling unit. For purposes of the floodplain management ordinance, the term development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. OOO 24-201 4/24/2024 Dwelling or dwelling unit: Building or portion thereof which provides complete independent permanent facilities for living, sleeping, eating and sanitation and is designed for or used exclusively as living quarters by 1 family, but not including a tent, cabin, travel trailer or room in a hotel or motel. A manufactured home or temporary family health care unit shall not be considered a dwelling or dwelling unit. OOO Elevation, base flood: The Federal Emergency Management Agency designated 1 percent annual chance water surface elevation. The water surface elevation of the base flood in relation to the datum specified on the county’s flood insurance rate map. The 100 year flood or 1 percent annual chance flood. Elevation certificate: For purposes of the floodplain management ordinance, a document prepared in accordance with FEMA regulations which is used to provide the elevation information necessary to: ensure compliance with the county’s floodplain management ordinance, determine the proper flood insurance premium rate, and support a request for a letter of map amendment and certain letters of map revision. Encroachment: For purposes of the floodplain management ordinance, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain. OOO Existing Structure: For the purposes of the insurance program, for floodplain management purposes (Article V, Division 1 of this Chapter), structures for which the “start of construction” commenced before the effective date of the FIRM or before January 1, 1975 for FIRMs effective before that date. “Existing construction” may also be referred to as “existing structures” and “pre-FIRM.” OOO Federal insurance administrator: Person who administers the National Flood Insurance Program of the Federal Emergency Management Agency. OOO Flood or flooding: A general or temporary condition of partial or complete inundation of normally dry land areas from: (a) the overflow of inland or tidal waters or (b) the unusual and rapid accumulation or runoff of surface waters from any source or (c) mudflows which are proximately caused by flooding as defined by clause (b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. The terms flood or flooding also include the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion, or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding from the overflow of inland or tidal waters. Flood, base: A flood having a 1 percent chance of being equaled or exceeded in any given year. Also known as a 100 year flood. Flood insurance rate map (FIRM): Official map of the county on which the federal insurance administrator has delineated the special hazard areas applicable to the county. A 24-202 4/24/2024 FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM). Flood insurance study (FIS): Examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards. Flood, 100-year: See base flood. Floodplain or flood-prone area: Land area susceptible to being inundated by water from any source. Floodplain management: Operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works, and floodplain management regulations. Floodproofing: Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Floodway: Channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1 foot at any point. Some of these areas are shown on the county's flood insurance rate map. Floodway fringe: The area of the floodplain that can be completely obstructed without increasing the water surface elevation of the base flood by more than 1 foot at any point. Some of these areas are shown on the county's flood insurance rate map. OOO Floor, lowest: For purposes of the floodplain ordinance, the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building’s lowest floor, provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Code of Federal Regulations, 44 CFR § 60.3. OOO Historic Structures: For floodplain management purposes (Article V, Division 1 of this Chapter), any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or, 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: 24-203 4/24/2024 a. By an approved state program as determined by the Secretary of the Interior; or, b. Directly by the Secretary of the Interior in states without approved programs. OOO Hydrologic and hydraulic engineering analysis: Analysis performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the Virginia Department of Conservation and Recreation and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles. OOO Letter of map amendment (LOMA): An amendment based on technical data showing that certain property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective flood insurance rate map and establishes that the property or structure is not located in a special flood hazard area. Letter of map change (LOMC): An official FEMA determination, by letter, which amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include a letter of map amendment, letter of map revision, and conditional letter of map revision. Letter of map revision (LOMR): Revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. Letter of map revision based on fill (LOMR-F): Determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the county’s floodplain management regulations. Letter of map revision, conditional or conditional letter of map revision (CLOMR): Formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study. OOO Manufactured home: A structure subject to federal regulation which is transportable in one or more sections and conforms to the following: • 8 feet or more in width and 40 feet or more in length, or is 320 or more square feet when erected on site; • built on a permanent chassis; • designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to required utilities; and • includes plumbing, heating, air conditioning and electrical systems. The term manufactured home shall include mobile home. 24-204 4/24/2024 For floodplain management purposes (Article V, Division 1 of this Chapter), a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term “manufactured home” also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. Manufactured home park: Development where 2 or more manufactured homes are located and where spaces or lots are not for sale. The term manufactured home park shall include mobile home park. Manufactured home subdivision: Subdivision designed solely for two or more manufactured homes and where individual manufacture homes are located on individual lots of record OOO New Construction: For floodplain management purposes (Article V, Division 1 of this Chapter), structures for which the start of construction commenced on or after the effective start date of this floodplain management ordinance and includes any subsequent improvements to such structures. Any construction started after effective date of the county’s first floodplain management ordinance adopted by the county and before the effective start date of this floodplain management ordinance is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance. OOO Post-FIRM structures: For floodplain management purposes (Article V, Division 1 of this Chapter), a structure for other development for which the “start of construction” occurred on or after the effective date of the initial Flood Insurance Rate Map. Pre-FIRM structures: For floodplain management purposes (Article V, Division 1 of this Chapter), a structure or other development for which the “start of construction” occurred before the effective date of the initial Flood Insurance Rate Map. OOO Recreational vehicle: A vehicle which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light duty truck; and, 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use. OOO Repetitive Loss Structure: For floodplain management purposes (Article V, Division 1 of this Chapter), a building covered by a contract for flood insurance that has incurred flood- related damages on two occasions in a 10-year period, in which the cost of the repair, on the average, equaled or exceeded 25 percent of the market value of the structure at the time of each such flood event; and at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage. OOO 24-205 4/24/2024 Severe repetitive Loss structure: For floodplain management purposes (Article V, Division 1 of this Chapter), a structure that: (a) Is covered under a contract for flood insurance made available under the NFIP; and (b) Has incurred flood related damage - (i) For which 4 or more separate claims payments have been made under flood insurance coverage with the amount of each such claim exceeding $5,000, and with the cumulative amount of such claims payments exceeding $20,000; or (ii) For which at least 2 separate claims payments have been made under such coverage, with the cumulative amount of such claims exceeding the market value of the insured structure. OOO Special flood hazard area (SFHA): Land in the floodplain subject to a 1 percent or greater chance of being flooded in any given year. OOO Start of construction: For purposes of the floodplain management ordinance, and for other than new construction and substantial improvement under the Coastal Barriers Resource Act (P.L. – 97-348), start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement occurs within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of roads and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. OOO Structure: Anything constructed or erected which has a permanent location on the ground or which is attached to something having a permanent location on the ground. For purposes of the floodplain management ordinance, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. OOO Substantial damage: For the purposes of the floodplain management regulations, damage of any origin sustained by a structure whereby the cost of restoring the structure to its before- damaged condition would equal, or exceed, 50 percent of the market value of the structure before the damage occurred. Substantial improvement: For the purposes of the floodplain management and Chesapeake Bay regulations, any reconstruction, rehabilitation, addition or other improvement to a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: 24-206 4/24/2024 • Any project, or improvement of a structure, to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official, and which are the minimum necessary to assure safe living conditions; or • Any alteration of a historic structure that will not preclude the structure's continued designation as a historic structure. OOO Violation: For purposes of the floodplain management ordinance, the failure of a structure or other development to be fully compliant with the county’s floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in the floodplain management ordinance is presumed to be in violation until such time as the necessary documentation is provided. OOO Watercourse: Lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (2) That this ordinance shall become effective immediately after adoption. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. 20. FIFTEEN-MINUTE CITIZEN COMMENT PERIOD ON UNSCHEDULED MATTERS Ms. Kristin Paixao addressed the Board regarding the proposed Dominion Energy Peaker Plant. Ms. Doris Knick addressed the Board relative to supporting the ability of Chesterfield County residents to choose to have an analog electric and gas meter rather than a smart meter. 21. ADJOURNMENT On motion of Dr. Miller, seconded by Mr. Carroll, the Board adjourned at 8:07 p.m. until the InterCity Visit on April 30, 2024, at 3:30 p.m., to then adjourn to the RRTPO Policy Board meeting on May 9, 2024, at 9:30 a.m., to then adjourn to the regular Board of Supervisors meeting on May 15, 2024, at 2:00 p.m. Ayes: Holland, Miller, Ingle, Schneider and Carroll. Nays: None. __________________________ ___________________________ Joseph P. Casey James M. Holland County Administrator Chairman