2024-06-26 Minutes
6/26/2024 Page 1 of 111
BOARD OF SUPERVISORS MINUTES June 26, 2024
A video recording of this meeting may be viewed
at https://www.chesterfield.gov/244/Agendas-and-
Minutes.
Supervisors in Attendance:
Mr. James M. Holland, Chair
Dr. Mark S. 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 p.m.
1. Approval of Minutes
On motion of Mr. Ingle, seconded by Ms. Schneider, the
Board approved the minutes of the May 15, 2024, Board
of Supervisors meeting and Senator Mark Warner's June
25, 2024, visit to the HARP program, 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
On motion of Mr. Carroll, seconded, by Mr. Ingle, the
Board removed Item 14.B.2.a.2. - Acceptance of Parcels
of Land South of Old Hundred Road and West of
Woolridge Road From Douglas R. Sowers Individually and
Douglas R. Sowers and Susan S. Sowers, and approved
the agenda, as amended.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
3. Everyday Excellence - Commonwealth's Attorney's Office
Commonwealth's Attorney Erin Barr introduced Deputy
Commonwealth's Attorney Melissa H. Hoy, who on April
15 was recognized as the 2024 recipient of the Warren
B. Von Schuch Award in honor of her twenty-six years
of remarkable service to the County of Chesterfield
and Commonwealth of Virginia. She stated the award is
presented annually to an Assistant or Deputy
Commonwealth’s Attorney who has demonstrated
extraordinary service to the Virginia Association of
Commonwealth’s Attorneys, to the legal community, and
to the pursuit of justice.
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4. Work Sessions
A. Food Assistance Programs Update
Ms. Kiva Rogers, Executive Director of the
Chesterfield-Colonial Heights Department of Social
Services, was joined by Ms. Kim Hill, Mr. Nick
Jenkins, and Ms. Kelly Kaze from the Chesterfield Food
Bank. Together they provided the Board with an update
on Food Assistance Programs in the county.
Discussion and questions ensued relative to the
information provided during the presentation.
B. Bryant & Stratton College Update
Ms. Beth Murphy, Market Director for Bryant & Stratton
College, provided the Board with an update on the
programs and activities of the college.
Discussion and questions ensued relative to the
information provided during the presentation.
C. Blighted Properties Update
Mr. Dan Cohen, Director of Community Enhancement, Mr.
Ron Clements, Building Official, and Mr. Rich
Billingsley, License Inspector, provided the Board
with an update on three blighted properties, 8801 Rams
Circle, 4731 Black Oak Road, and 8761 Sheldeb Drive,
which were on the evening agenda for board action.
Discussion and questions ensued relative to the
information provided during the presentation.
D. 2024 General Assembly Legislation
Mr. Jeff Mincks, County Attorney, Mr. Matt Harris,
Deputy County Administrator, and Ms. Casey Walker,
Legislative Affairs Liaison, provided the Board with
an update on 2024 General Assembly Legislation.
Discussion and questions ensued relative to the
information provided during the presentation.
The Board concurred with going forward with the
recommendations outlined in Attachment B of the agenda
item entitled "Staff Recommendations Summary Sheet".
E. Budget Update
Mr. Harris provided the Board with an update on a
range of financial topics, including the county's
year-end estimates and associated requests, a preview
of schools' year-end, the final state budget, and the
county's ARPA projects.
Discussion and questions ensued relative to the
information provided during the presentation.
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F. Consent Agenda Highlights
Mr. Matt Harris updated the Board on various consent
agenda highlights being proposed on the evening
agenda.
5. Reports
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 the Reports on the Status of
District Improvement Operating and Capital Funds,
General Fund Unassigned Balance and Debt Policy Ratios
and Investments.
B. Report of Planning Commission's Substantial Accord
Determination for the Western Area High School (Case
23SA0003)
The Board approved the Report of Planning Commission's
Substantial Accord Determination for the Western Area
High School (Case 23SA0003).
6. Fifteen-Minute Citizen Comment Period on Unscheduled Matters
There were no requests to address the Board at this
time.
7. Closed Session
A. Pursuant to § 2.2-3711(A)(5), Code of Virginia, 1950,
as Amended, 1) to Discuss or Consider Prospective
Businesses or Industries or the Expansion of Existing
Businesses or Industries Where no Previous
Announcement Has Been Made of the Businesses’ or
Industries’ Interest in Locating or Expanding Their
Facilities in the Community, 2) Pursuant to § 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, or the Disposition of Publicly
Held Real Property, Where Discussion in an Open
Meeting Would Adversely Affect the Bargaining Position
and Negotiating Strategy of the Public Body, 3)
Pursuant to § 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, and 4) Pursuant to § 2.2-
3711(A)(8), Code of Virginia, 1950, as Amended, for
Consultation with the County Attorney, Regarding
Opioid Litigation and Possible Litigation Regarding
Insulin Pricing, Requiring the Provisions of Legal
Advice.
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On motion of Ms. Schneider, seconded by Dr. Miller,
the Board went into closed session pursuant to § 2.2--
3711(A)(5), Code of Virginia, 1950, as amended, 1) to
discuss or consider prospective businesses or
industries or the expansion of existing businesses or
industries where no previous announcement has been
made of the businesses’ or industries’ interest in
locating or expanding their facilities in the
community, 2) pursuant to § 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, or
the disposition of publicly held real property, where
discussion in an open meeting would adversely affect
the bargaining position and negotiating strategy of
the public body, 3) pursuant to § 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, and 4)
pursuant to § 2.2-3711(A)(8), Code of Virginia, 1950,
as amended, for consultation with the county attorney,
regarding opioid litigation and possible litigation
regarding insulin pricing, requiring the provisions of
legal advice.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
Reconvening:
On motion of Mr. Ingle, seconded by Ms. Schneider, 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.
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8. Recess for Dinner
On motion of Dr. Miller, seconded by Ms. Schneider,
the Board recessed for dinner.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
Reconvening:
9. Invocation
The Honorable Jim Holland, Dale District Supervisor,
gave the invocation.
10. Pledge of Allegiance
Deputy County Administrator Matt Harris led the Pledge
of Allegiance.
11. County Administration Update
• Dr. Casey announced that Ms. Melissa Ackley,
Prevention Services Manager for Mental Health
Support Services, was recently appointed by
Governor Glenn Youngkin to serve a four-year term
on the Cannabis Public Health Advisory Council as
an expert in substance use disorder treatment and
recovery.
• Dr. Casey announced that Fleet Services, led by
Mr. David Cottingham, was named the number 13
leading fleet in 2024 during the recent
Government Fleet Expo. He stated this recognition
follows their sixth consecutive year as one of
the hundred best fleets, public or private, when
ranked by the National Association of Fleet
Administrators.
• Dr. Casey announced that the job advertisement
for the next police chief was posted today. He
provided details of upcoming in-person meetings
and online surveys.
• Dr. Casey announced that voting is open for the
community to choose the county's mascot, which
will be named Cole. He stated the four choices
are a chipmunk, raccoon, retriever, and bear.
• Dr. Casey and Mr. Mincks discussed Dominion
Energy smart meters and the Dominion Energy
Reliability Center, also known as the peaker
plant.
• Dr. Casey announced that the Communications and
Media division of Constituent and Media Services
recently earned several Hermes Creative Awards.
Members of the division were present to be
recognized by the Board. Ms. Teresa Bonifas,
Assistant Director of Constituent and Media
Services, provided details of each award and
recipient.
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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
A. Recognizing Vivian Rivera-Maysonet, National Bilingual
Teacher of the Year for 2024
Ms. Ann Coker, Vice Chair of the School Board, joined
by Dr. Mervin Daugherty, Schools Superintendent,
introduced Ms. Vivian Rivera-Maysonet, who was
selected National Bilingual Teacher of the Year for
2024.
Board members congratulated and highly praised Ms.
Rivera-Maysonet for her outstanding achievement.
B. Resolution Recognizing Senior Volunteer Hall of Fame
Inductees
Ms. Alexa van Aartrijk, Manager of Aging & Disability
Services, introduced Ms. Ann Danzi, Ms. Pat Hupp and
Ms. Victoria McCormick, who were present to receive
the resolution.
On motion of Mr. Ingle, seconded by Dr. Miller, the
Board adopted the following resolution:
WHEREAS, volunteering is a powerful force for the
solution of human problems, and the creative use of
human resources is essential to a healthy, productive
and humane society; and
WHEREAS, our nation’s heritage is based on citizen
involvement and citizen participation, and
volunteerism is of enormous benefit in building a
better community and a better sense of one’s own
wellbeing; and
WHEREAS, the active involvement of citizens is needed
today more than ever to combat growing human and
social problems, to renew our belief that these
problems can be solved and to strengthen our sense of
community; and
WHEREAS, volunteering offers all, young and old, the
opportunity to participate in the life of their
community and to link their talents and resources to
address some of the major issues facing our counties,
such as education, hunger, the needs of youths, and
the needs of our elderly; and
WHEREAS, agencies that benefit from volunteers should
show their appreciation and recognition to the many
volunteers who possess numerous skills and talents,
which they generously and enthusiastically apply to a
variety of community tasks, and encourage others to
participate in programs as volunteers; and
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WHEREAS, twenty adults in Chesterfield County, aged
60-plus, have donated 25,907 hours of volunteer
service since they have attained the age of 60 and
were nominated for the Chesterfield Senior Volunteer
Hall of Fame.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 26th day of June
2024, publicly recognizes Ann Danzi, Pat Hupp and
Victoria McCormick, who were selected among the twelve
and were inducted into the Chesterfield Senior
Volunteer Hall of Fame on June 26th, 2024, and
expresses appreciation to these dedicated volunteers
who contribute immeasurably to various programs
throughout the area to strengthen our county and build
bridges to the future.
AND, BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Ann Danzi, Pat Hupp and
Victoria McCormick, and 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.
C. Resolution Recognizing Mr. Calvin Randolph Phelps,
Jr., Utilities Department, Upon His Retirement
Mr. Mike Nannery, Assistant Director of Utilities,
introduced Mr. Calvin Randolph Phelps, Jr., who was
present to receive the resolution.
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board adopted the following resolution:
WHEREAS, Mr. Calvin Randolph Phelps, Jr. retired from
the Chesterfield County Utilities Department on May
31, 2024, after providing over 38 years of quality
service to the residents of Chesterfield County; and
WHEREAS, Mr. Phelps began his career with Utilities on
September 16, 1985, and has faithfully served the
county in the capacity of Engineer, Senior Engineer,
and Principal Engineer; and
WHEREAS, Mr. Phelps coordinated the Utilities
Department’s activities, working with both an
engineering and software consultant in the development
of Utilities’ first wastewater system computer model
called “InfraMan”, and in July 1988, along with the
county’s engineering consultant, presented a paper
about the project at the “1988 Joint CSCE/ASCE
National Conference on Environmental Engineering held
in Vancouver, British Columbia; and
WHEREAS, Mr. Phelps managed two major wastewater
projects, the first of which was coordinating the
engineering and environmental impact study for the
Upper Swift Creek Wastewater Transport System, which
serves over 20,000 acres north and west of the Swift
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Creek Reservoir, and secondly, the design and
construction of wastewater facilities to serve the
Bermuda Hundred Industrial Area; and
WHEREAS, Mr. Phelps served as the Utilities
Department’s representative on Chesterfield’s Site
Selection Committee and acted as the Utilities
Department’s agent in pursuing site zoning for the
Robious, Cosby, Matoaca, and Magnolia Green elevated
water storage tanks; and
WHEREAS, Mr. Phelps managed activities related to
Chesterfield’s “Water and Wastewater Assessment
District” policy, through which public water and
wastewater service was extended to 12 residential
areas and three commercial areas between 1989 and
2007; and
WHEREAS, Mr. Phelps served as the Utilities
Department’s representative before the Planning
Commission and Board of Supervisors in matters
relating to land rezoning applications and land use
plans from 1994 to 2014; and
WHEREAS, after taking an extended medical leave of
absence in 2015 and 2016, Mr. Phelps returned to work
full-time in July 2016, and in addition to resuming
his previous responsibilities, he assisted with the
review of site and subdivision plans during a period
of reduced staffing within his work group.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors, this 26th day of June,
publicly recognizes the outstanding contributions of
Mr. Calvin Randolph Phelps, Jr. and extends on behalf
of its members and the citizens of Chesterfield
County, appreciation for his service to the county,
congratulations upon his retirement, and best wishes
for a long and happy retirement.
AND BE IT FURTHER RESOLVED that a copy of this
resolution be presented to Mr. Calvin Randolph Phelps,
Jr. 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 an executed resolution to Mr.
Phelps, expressed appreciation for his valuable
service and contributions to the county, and wished
him a happy retirement.
Dr. Casey presented Mr. Phelps with an engraved brick,
expressed appreciation for his exceptional and
faithful service to the county, and wished him well in
his retirement.
Mr. Phelps thanked the Board of Supervisors for the
special recognition and kind sentiments.
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14. New Business
A. Appointments
1. Lower Magnolia Green Community Development
Authority
On motion of Mr. Carroll, seconded by Mr. Ingle, the
Board nominated and appointed Mr. Gregory Beasley and
Mr. Arthur Reeves IV, both of the Matoaca District, to
serve on the Lower Magnolia Green Community
Development Authority, whose terms are effective
immediately and expire August 31, 2027.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
2. Board of Building and Fire Code Appeals
On motion of Dr. Miller, seconded by Mr. Carroll, the
Board nominated and appointed Dr. Shandra Cain, Dale
District, to serve as an at-large representative, Mr.
Jeff Butler, Matoaca District, to serve as an at-large
representative with fire code experience, and Ms. Lisa
Glass, Bermuda District, to serve as an alternate with
property manager experience on the Board of Building
and Fire Code Appeals, whose terms are effective July
1, 2024, and expire June 30, 2027.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
3. Clerk to the Board of Supervisors
On motion of Dr. Miller, seconded by Ms. Schneider,
the Board nominated and appointed Ms. Susan M. Wilson
to serve as the clerk to the board, whose term is
effective immediately and is at the pleasure of the
Board.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
4. Richmond Metropolitan Transportation Authority
On motion of Mr. Carroll, seconded by Mr. Ingle, the
Board nominated and appointed Supervisor Jessica
Schneider, Clover Hill District, to serve on the
Richmond Metropolitan Transportation Authority, whose
term is effective July 1, 2024, and expires June 30,
2026.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
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5. Brightpoint Community College Local Board
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board nominated and reappointed Ms. Christine Wilson,
Midlothian District, to serve as an at-large
representative on the Brightpoint Community College
Local Board, whose term is effective July 1, 2024, and
expires June 30, 2028.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
6. Economic Development Authority
On motion of Mr. Carroll, seconded by Mr. Ingle, the
Board nominated and reappointed Mr. John Hughes,
Clover Hill District, and Mr. Faizan Habib, Matoaca
District, to serve as at-large representatives on the
Economic Development Authority, whose terms are
effective July 1, 2024, and expire June 30, 2028.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
7. Social Services Board
On motion of Dr. Miller, seconded by Mr. Carroll, the
Board nominated and reappointed Mr. Juan Santacoloma,
Dale District, to serve as an at-large representative
on the Social Services Board, whose term is effective
July 1, 2024, and expires June 30, 2028.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
8. Community Criminal Justice Board
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board nominated/appointed/reappointed the following
individuals to serve on the Community Criminal Justice
Board, whose terms are effective July 1, 2024, and
expire June 30, 2026:
• Honorable Edward A. Robbins Jr., Circuit Court
Judge
• Honorable Shajuan Mason House, General District
Court Judge
• Dr. Chad Knowles, Education Representative,
Chesterfield County Schools
• Police Chief William H. Anspach III, City of
Colonial Heights
• Sheriff Todd Wilson, City of Colonial Heights
• Ms. Becca Lynch, City of Colonial Heights
Representative
• Rachael Gillus, City of Colonial Heights
Community Services Board Representative
• Edward L. Coble, At-Large Citizen Representative
Chesterfield County
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• Linnea Parker, At-Large Citizen Representative
Chesterfield County
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
B. Consent Items
1. Adoption of Resolutions
a. Recognizing Karen J. Leonard, Police
Department, Upon Her Retirement
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board adopted the following resolution:
WHEREAS, Karen J. Leonard will retire from the
Chesterfield County Police Department on July 1, 2024
after providing over 32 years of outstanding quality
service to the residents of Chesterfield County, 18 of
which were with the Chesterfield Police Department;
and
WHEREAS, Mrs. Leonard began her career with the county
beginning in 1992 as a Case Manager in the Community
Corrections Department, and continued her service to
the county, joining the Police Department in 2005 as a
Records Administrator; and
WHEREAS, Mrs. Leonard received a Unit Citation for
achieving a 99% accuracy rating for the Records
Department during quality assurance and procedure
audits conducted during the same month by the FBI,
Virginia State Police and one other agency, with the
FBI documenting in their audit that the Chesterfield
County results “significantly exceeded the results” of
other agencies; and
WHEREAS, Mrs. Leonard earned an Achievement Award for
her leadership when responsibility for data entry to
the DMV motor vehicle crash reporting system was
transferred to the Records Department, forming a
project team to learn the system and provide training
to employees, subsequently directing an effort to
review and enter over 350 backlogged crash reports to
the system prior to the required DMV deadline, all
while the department continued to handle normal daily
responsibilities; and
WHEREAS, Mrs. Leonard served as the Freedom of
Information Act (FOIA) liaison for the Police
Department and was the subject matter expert on
requests that in just one year totaled nearly 1300,
each of which necessitated her in-depth consideration
to maintain the proper balance between transparency,
individual privacy, and compliance with FOIA
requirements; and
WHEREAS, Mrs. Leonard ensured all highly sensitive and
critical police records were carefully packed and
protected during a total evacuation of their existing
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space to two alternate locations during department
upgrades and renovations, and coordinated the movement
of the records back to the department once renovations
were completed, ensuring all department records being
transported by moving company employees were under
continuous observation by Records Department
personnel; and
WHEREAS, Mrs. Leonard has received numerous letters of
commendation, thanks and appreciation from local
attorneys, the Sheriff’s office and internal
departments for services rendered; and
WHEREAS, Mrs. Leonard has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Mrs. Leonard's diligent service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Karen J.
Leonard and extends on behalf of its members and the
residents of Chesterfield County, appreciation for her
service to the county, congratulations upon her
retirement, and best wishes for a long and happy
retirement.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
b. Recognizing Ms. Wanda M. Haltom, Mental
Health Support Services, Upon Her Retirement
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board adopted the following resolution:
WHEREAS, Ms. Wanda M. Haltom will retire from
Chesterfield County Mental Health Support Services on
July 1, 2024, after providing outstanding service for
a combined total of over 31 years; and
WHEREAS, Ms. Haltom began her public service with
Chesterfield County Public Schools as a Teacher’s
Assistant on September 1, 1992 and continued that
service through October, 31, 2006; and
WHEREAS, Ms. Haltom was hired by Chesterfield
Department of Mental Health Support Services on
December 2, 1996 as an Employment Assistant with
Chesterfield Employment Services (CES); and
WHEREAS, Ms. Haltom was promoted to Employment
Supervisor on June 22, 2002, managing multiple
employment sites, staff members and individuals; and
WHEREAS, Ms. Haltom was directly responsible for
Chesterfield County worksites including Community
Corrections and the Rogers and Smith-Wagner buildings
as well as multiple local businesses including the
United Parcel Service Corporate office; and
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WHEREAS, Ms. Haltom helped create and host the first
annual Chesterfield Employment Services holiday
celebration in 2003 for individuals and their families
which is a popular event that continues today; and
WHEREAS, Ms. Haltom worked with local and regional
agency partners as well as private businesses to
arrange job assessments, funding, and employment
placements for individuals; and
WHEREAS, Ms. Haltom completed SQCI Quality Generalist
training and received the Generalist Certificate in
2012; and
WHEREAS, Ms. Haltom joined the MHSS Day Support
Program as a Leisure Coach on April 28, 2012 providing
intensive case management for individuals with
intellectual disabilities; and
WHEREAS, Ms. Haltom provided an array of staff
trainings including but not limited to Direct Support
Professional Competencies, Sure Loc, Universal Human
Rights, Adaptive Equipment and also provided various
trainings to new staff including documentation,
billing, and the Business Recovery Plan; and
WHEREAS, Ms. Haltom was the Chairperson for the Day
Program Staff Morale Committee from January 2013 until
her retirement, served on the Parent Quality Council
from January 2013 to February 2020, and was a member
of the Mental Health Support Services Program Liaison
Committee; and
WHEREAS, Ms. Haltom dedicated the entirety of her
career in the service of others and will be greatly
missed by staff and individuals alike; and
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes the outstanding
contributions of Ms. Wanda Haltom and extends
appreciation, on behalf of its members and the
citizens of Chesterfield County, congratulations upon
her retirement, and best wishes for a long, happy, and
healthy retirement.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
c. Recognizing Mrs. Mary Hartsell, Treasurer's
Office, Upon Her Retirement
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board adopted the following resolution:
WHEREAS, Mrs. Mary Hartsell will retire from
Chesterfield County on July 1, 2024, after providing
35 years of outstanding service to the citizens of
Chesterfield County; and
WHEREAS, Mrs. Hartsell faithfully served the first six
years of her career with the Commissioner of the
Revenue’s Office as an Assessor; and then transitioned
6/26/2024 Page 14 of 111
to the Treasurer’s Office in 1995; and
WHEREAS, Mrs. Hartsell began as a Principal Customer
Service Representative in the Treasurer’s Office, then
through her diligence and persevering became a
Customer Service Supervisor and was then promoted to
Deputy Treasurer of Operations; and
WHEREAS, Mrs. Hartsell saw many changes during her
career including working for four different
Treasurers, changing from manual processes to current
automated options, doing away with the issuance of
county decals, the addition of the drive-up drop box,
and new payment options and locations, adapting to
these changes knowing they provided better service to
our citizens; and
WHEREAS, Mrs. Hartsell worked diligently to assist in
the testing and implementation of the tax management
system, introducing many advancements in customer
service and process efficiency, a project which was a
leap forward and benefitted citizens and departments
utilizing the system; and
WHEREAS, Mrs. Hartsell nurtured relationships with co-
workers during her tenure in the Treasurer’s office,
promoted teamwork within the department and made a
lasting impression on all she has touched, providing
leadership and mentoring to those she supervised,
always coaching staff and imparting the vast knowledge
of County processes and state code; and
WHEREAS, Mrs. Hartsell provided a high level of
customer service, developed relationships, showed
continued care and empathy, often going out of her way
to meet a need and consistently exceeding customer
expectations throughout her career, where she on many
occasions received compliments from citizens for going
above and beyond to meet their needs; and
WHEREAS, Mrs. Hartsell has continuously demonstrated a
positive attitude, fantastic work ethic, honesty,
integrity, thoughtfulness, and a calmness that will be
missed by her co-workers and our citizens; and
WHEREAS, Mrs. Hartsell has demonstrated her loyalty to
Chesterfield County through her dedication and
conscientiousness; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Mrs. Hartsell’s diligent
service, calm demeanor and energetic personality.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mrs. Mary
Hartsell and extends on behalf of its members and the
citizens of Chesterfield County appreciation for her
service to the county, congratulations upon her
retirement, and best wishes for a long and happy
retirement.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
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d. Recognizing Mrs. Donna Burton, Treasurer's
Office, Upon Her Retirement
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board adopted the following resolution:
WHEREAS, Mrs. Donna Burton will retire from
Chesterfield County on July 1, 2024, after providing
38 years of outstanding service to the citizens of
Chesterfield County; and
WHEREAS, Mrs. Burton faithfully served all 38 years
with the Treasurer’s office; and
WHEREAS, Mrs. Burton began her career in July of 1986
as a part-time customer service representative, then
became a telephone operator, cashier, and balancer,
and assisted accounting with refunds and retention;
and
WHEREAS, Mrs. Burton was then promoted to the
supervisor of the reception area, and continued her
career as a revenue collection agent in the
collections area; and
WHEREAS, Mrs. Burton saw many changes during her
career, including working for four different
Treasurers, changing from manual processes to current
automated options, doing away with the issuance of
county decals, the addition of the drive-up drop box,
and new payment options and locations, adapting to
these changes knowing they provided better service to
our citizens; and
WHEREAS, Mrs. Burton worked diligently with our
citizens to collect delinquent real estate taxes,
making and receiving thousands of phone calls each
year, increasing collection percentages; and
WHEREAS, Mrs. Burton nurtured relationships with co-
workers during her tenure in the Treasurer’s Office,
which helped to promote teamwork within the department
and made a lasting impression on all she has touched;
and
WHEREAS, Mrs. Burton provided a high level of customer
service, developed relationships, showed continued
care and empathy, often going out of her way to meet a
need and consistently exceeding customer expectations
throughout her career; and
WHEREAS, Mrs. Burton has continuously demonstrated a
positive attitude, fantastic work ethic, honesty,
integrity, thoughtfulness, and a calmness that will be
missed by her co-workers and our citizens; and
WHEREAS, Mrs. Burton has demonstrated her loyalty to
Chesterfield County through her dedication and
conscientiousness; and
WHEREAS, Chesterfield County and the Board of
6/26/2024 Page 16 of 111
Supervisors will miss Mrs. Burton’s diligent service,
calm demeanor, and energetic personality.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Mrs. Donna
Burton and extends on behalf of its members and the
citizens of Chesterfield County appreciation for her
service to the county, congratulations upon her
retirement, and best wishes for a long and happy
retirement.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
e. Recognizing Corporal Kelly M. Young, Police
Department, Upon Her Retirement
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board adopted the following resolution:
WHEREAS, Corporal Kelly M. Young will retire from the
Chesterfield County Police Department on July 1, 2024
after providing over 18 years of quality service to
the residents of Chesterfield County; and
WHEREAS, Corporal Young began her career as a Police
Aide in the Property Department, and continued her
faithful service to the county as an Animal Control
Officer, Police Officer, Police Officer First Class,
Senior Police Officer, Master Police Officer, Career
Police Officer and Corporal Police Officer; and
WHEREAS, Corporal Young served for many years during
her tenure as a School Resource Officer, and also was
a General Instructor, Crisis Intervention Team
Instructor, member of the county Threat Assessment
Team, a member of the Officer Peer Support Group and
was Patrol Bike certified; and
WHEREAS, Corporal Young received a Unit Citation for
her contributions during the 2017 National Night Out
program which resulted in Chesterfield County
finishing in 5th place nationally in the over 300,000
population category; and
WHEREAS, Corporal Young was presented with a Unit
Citation while serving in the Crime Prevention Unit
for innovative crime prevention programs for
businesses and residents, two summer academies for
minority residents and faith leaders focused on police
policies and practices, defensive tactics, the
benefits of having Police Officers in schools and the
deployment of new technology for businesses and
residents designed to aid in crime reduction; and
WHEREAS, Corporal Young earned an Achievement Award
for assisting in the development of the successful
program named “5-0 Fridays” implemented in two housing
areas of the county that brought together the same
group of Police Officers each week to interact with
children out of school for the summer, offering
engaging topics, fun activities and refreshments,
6/26/2024 Page 17 of 111
allowing the children to bond with the officers and
increase their trust in the police; and
WHEREAS, Corporal Young is recognized for her strong
work ethic, her teamwork and her communications and
human relations skills, all of which she has utilized
within the Police Department in assisting residents of
Chesterfield County during her career; and
WHEREAS, Corporal Young has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Corporal Young's diligent
service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Corporal Kelly
M. Young and extends on behalf of its members and the
residents of Chesterfield County, appreciation for her
service to the county, congratulations upon her
retirement, and best wishes for a long and happy
retirement.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
f. Recognizing Cathy N. Hornbarger, Police
Department, Upon Her Retirement
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board adopted the following resolution:
WHEREAS, Cathy N. Hornbarger will retire from the
Chesterfield County Police Department on July 1, 2024
after providing over 16 years of outstanding quality
service to the residents of Chesterfield County; and
WHEREAS, Mrs. Hornbarger began her career with the
county in 1996 as a Senior Office Assistant and
continued to faithfully serve the county as a Police
Aide, Police Records Specialist, Child Safety Officer
and Logistics Technician; and
WHEREAS, Mrs. Hornbarger was recognized with a
Certificate of Achievement in May 1998 for her
excellent quality of work and positive attitude under
difficult conditions during the construction project
for the renovation of the Animal Shelter; and
WHEREAS, Mrs. Hornbarger was recognized with a
Certificate of Achievement in October 1999 for her
efforts to preserve the integrity of evidence when
under the threat of structure flooding of the Property
Unit; and
WHEREAS, Mrs. Hornbarger received a Unit Citation in
2001 recognizing the high level of productivity and
outstanding customer service of the Police Property
Section, which performs more than 40,000 evidence
transactions a month, after an audit revealed 100%
6/26/2024 Page 18 of 111
compliance with all required standards, policies and
procedures, validating that all stored items were
properly recorded, easily located and catalogued, and
proper verification and documentation of destroyed
property was on file; and
WHEREAS, Mrs. Hornbarger had the privilege of
completing the inaugural Child Safety Officer Academy
in March 2010 and serving the County in that capacity,
building relationships between faculty and students,
nurturing the bright minds of those in her school and
strengthening the relationship between Chesterfield
Police Department and Chesterfield County Public
Schools; and
WHEREAS, Mrs. Hornbarger completed the International
Association for Property and Evidence course to become
a Certified Property and Evidence Specialist to
further enhance her professional and knowledge of
proper collection, preservation, storage, processing
and disposal of property and evidence; and
WHEREAS, Mrs. Hornbarger completed the Employee
Leadership Institute Certificate and Quality
Generalist Certificate courses to build her knowledge,
skills and abilities, strengthening her reputation as
an integral member of the Property Unit and the Police
Department; and
WHEREAS, Mrs. Hornbarger always displayed a strong
work ethic and a voluntary spirit, known for adjusting
her work schedule to accommodate the fluctuating
schedules of police officers and her willingness to be
available during times of increased workloads; and
WHEREAS, Mrs. Hornbarger was commended for always
exhibiting a positive and approachable demeanor to her
customers and employees and taking time to educate
police officers on the resources available to them
from the Police Property Unit; and
WHEREAS, Mrs. Hornbarger has provided the Chesterfield
County Police Department with many years of loyal and
dedicated service; and
WHEREAS, Chesterfield County and the Board of
Supervisors will miss Mrs. Hornbarger's diligent
service.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors recognizes Cathy N.
Hornbarger and extends on behalf of its members and
the residents of Chesterfield County, appreciation for
her service to the county, congratulations upon her
retirement, and best wishes for a long and happy
retirement.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
g. Recognizing the 157th Anniversary of First
Baptist Church (Centralia)
6/26/2024 Page 19 of 111
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board adopted the following resolution:
WHEREAS, on April 7, 1867, just two years following
the end of the Civil War, the First Baptist Church was
organized under the name of the Salem African Baptist
Church, and the name was later changed to the First
Baptist Church (Centralia); and
WHEREAS, the small group of members who formed this
church had previously worshiped with the Salem Baptist
Church; and
WHEREAS, with help and blessings from their mother
church, members originally worshiped under a brush
arbor on the property, then moved to a modest frame
structure located on the west side of the land; and
WHEREAS, the one-acre plot of land on which they
worshiped was given by Mr. and Mrs. P. A. Chalkley,
and lumber for the church was donated by Mr. Ben
Duval, members of Salem Baptist Church; and
WHEREAS, in 1897, that modest sanctuary was erected
under the leadership of the Reverend T. H. Johnson;
and
WHEREAS, circa 1910, during the administration of the
Reverend William Thomas, the church was remodeled into
the building we know today as Historic First Baptist
(Centralia); and
WHEREAS, admired for its twin towers, this second
church building combined elements of the Gothic
Revival, Colonial Revival and Shingle styles; and
WHEREAS, in 1950, the Reverend Samuel Moss Carter was
called to be its pastor and served for 40 years; and
WHEREAS, in 1962, the church purchased 72 acres of
land, which it later sold to purchase land for its
present site on Kingsdale Road; and
WHEREAS, on July 1, 1962, a groundbreaking ceremony
was held for the new church, and the congregation
attended its first service at the new site on August
4, 1963; and
WHEREAS, Dr. Wilson Edward Brown Shannon was called to
First Baptist (Centralia) in January of 1991, and was
installed on March 17, 1991; and
WHEREAS, with a vision for an even greater ministry,
Dr. Shannon expanded the Samuel Moss Carter Family
Life Center with a 45,000-square-foot extension that
included preschool accommodations for 150 children,
banquet facilities for 750 occupants, an indoor
Olympic-sized swimming pool, and other amenities
supportive of family life ministry; and
WHEREAS, in 1996, a groundbreaking ceremony was held
for the extension of this Family Life Center under the
6/26/2024 Page 20 of 111
theme, "It can be done, and we can do it"; and
WHEREAS, On April 16, 1996, members mourned the loss
of the Historic First Baptist Church (Centralia) by
fire; and
WHEREAS, Dr. Shannon expressed forgiveness for the
arsonists, and told parishioners that “God said to me,
Wilson Shannon, I want you to put it back!”
WHEREAS, the renovation of the Historic First Baptist
Church (Centralia) was completed in April 1997, and a
grand celebration was held to rededicate the historic
church, just one year after fire devastated it; and
WHEREAS, on November 22, 2014, in recognition of its
architectural and historical significance,
parishioners and the community celebrated the approval
of the site of Historic First Baptist Church
(Centralia) as a designated Chesterfield County
Historic Landmark, and a Virginia historical highway
marker was installed on November 7, 2015; and
WHEREAS, on March 19, 2017, Dr. Shannon and his family
celebrated 26 years of being at the helm of what he
calls "The Flagship Church," and Dr. Shannon takes
seriously his charge to lead the members in keeping
the faith and upholding the legacy of the church for
future generations; and
WHEREAS, in commemoration of the 150th anniversary,
paying tribute to ancestors and Salem Baptist, the
Mother Church, Deacon Rueben W. Turner, Dr. Wilson
E.B. Shannon, the History Committee, Mr. Howard Corey
and the Mega Mentors program, First Baptist Church
(Centralia) adopted Salem Church Middle School in
2017; and
WHEREAS, First Baptist Church (Centralia) provided
support and scholarships to Lloyd C. Bird High School
in 2021; and
WHEREAS, members of the First Baptist Church
(Centralia) served as first responders in different
capacities during the COVID-19 pandemic in 2020-2022;
and
WHEREAS, the First Baptist Church (Centralia) has
always continued to grow and prosper in fellowship,
stewardship and service to its members and the
surrounding community; and
WHEREAS, the church also has been a spiritual beacon
for its members for 157 years, helping them through
the challenges of independence, the Great Depression,
societal changes, world wars, arson, and familial joys
and sorrows.
NOW, THEREFORE, BE IT RESOLVED that the Chesterfield
County Board of Supervisors on behalf of the citizens
of Chesterfield County, recognizes and congratulates
the congregation of First Baptist Church (Centralia)
on its 157th anniversary and wishes them continued
6/26/2024 Page 21 of 111
success and joy in all their endeavors.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
h. Adopting the Chesterfield County Emergency
Operations Basic Plan 2024 Update
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board adopted the following resolution:
WHEREAS, there exist dangers of many types including
man-made disasters, natural disasters, and possible
hostile actions on an unknown enemy; and
WHEREAS, the safety and protection of the citizens and
property are the foremost concern to the Board of
Supervisors of Chesterfield County, Virginia; and
WHEREAS, the revision of the Emergency Operations Plan
will continue to keep Chesterfield County in
compliance with the National Incident Management
System; and
WHEREAS, the Board of Supervisors desires, and the
Commonwealth of Virginia and federal government
require, the review, revision, and adoption of a local
emergency operations plan every four years.
THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS
OF THE COUNTY OF CHESTERFIELD, VIRGINIA:
1. The Board of Supervisors hereby adopts the
Chesterfield County Emergency Operations Basic Plan
for county emergency management.
2. This resolution shall take effect immediately.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
(It is noted a copy of the Chesterfield County
Emergency Operations Basic Plan is on file with the
papers of this Board.)
i. Requesting Changes in the Secondary System
of State Highways as a Result of the N. Enon
Church Road Project
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board adopted the following resolution:
WHEREAS, the Virginia Department of Transportation has
made changes in the secondary system of state highways
in conjunction with the N. Enon Church Road Project
and provided a node map and VDOT Form AM-4.3, and, as
a result, is requesting the Board of Supervisors to
abandon a portion of road no longer serving a public
need, and to approve the addition of a new portion of
road approved by the Commonwealth Transportation
Commissioner; and,
6/26/2024 Page 22 of 111
WHEREAS, a certain segment of N. Enon Church Road,
State Route 746 is ready to be accepted into the
Secondary System of State Highways; and,
NOW, THEREFORE, BE IT RESOLVED, that the Board of
Supervisors does hereby abandon as a part of the
secondary system of state highways a segment of N.
Enon Church Road, State Route 746, identified as
Segment B-C, a distance of 0.29 miles, as shown on a
node map prepared by the Virginia Department of
Transportation, which node map is incorporated herein
by reference, pursuant to Section 33.2-912, Code of
Virginia, as amended; and,
BE IT FURTHER RESOLVED, the Board of Supervisors does
hereby approve the addition of a segment of N. Enon
Church Road, State Route 746, identified as Segment A-
B, a distance of 0.22 miles, to the secondary system
of state highways identified on the above referenced
sketch, pursuant to Section 33.2-705, Code of
Virginia, as amended; and,
BE IT FURTHER RESOLVED, the County Board of
Supervisors does hereby guarantee unencumbered right-
of-way for the added segment;
BE IT FURTHER RESOLVED that a certified copy of this
resolution be forwarded to the Resident Engineer for
the Virginia Department of Transportation;
AND, BE IT BE FURTHER RESOLVED, that the Board of
Supervisors does hereby request that the Commissioner
of Highways certify, in writing, that the segment of
N. Enon Church Road, State Route 746, hereby abandoned
is no longer necessary for uses of the Secondary
System of State Highways pursuant to Section 33.2-913,
Code of Virginia, 1950, as amended.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
2. Real Property Requests
a. Acceptance of Parcels of Land
1. Acceptance of Parcels of Land Along
Otterdale Road From Windswept
Development, LLC and Westerleigh
Community Association, Inc.
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board accepted the conveyances of two parcels of land
containing a total of 0.269 acres along Otterdale Road
from Windswept Development, LLC and Westerleigh
Community Association, Inc., and authorized the County
Administrator to execute the deeds.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
6/26/2024 Page 23 of 111
2. Acceptance of Parcels of Land South of
Old Hundred Road and West of Woolridge
Road From Douglas R. Sowers
Individually and Douglas R. Sowers and
Susan S. Sowers
This item was removed from the agenda; accordingly, no
action was taken.
b. Requests for Permission
1. Request Permission to Allow a Proposed
Private Sewer Lateral Within a Proposed
Private Sewer Easement to Serve the
Property at 2511 Arrandell Road
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board granted permission to allow a proposed private
sewer lateral within a proposed private sewer easement
to serve property at 2511 Arrandell Road and
authorized the County Administrator to execute the
sewer connection agreement.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
2. Request Permission to Allow a Proposed
Private Water Service Within a Proposed
Private Water Easement to Serve the
Property at 4723 Kingsland Road
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board granted permission to allow a proposed private
water service within a proposed private water easement
to serve property at 4723 Kingsland Road and
authorized the County Administrator to execute the
water connection agreement.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
3. Authorize Filing of Rezoning
Application on County Property
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board authorized Dominion Energy to file a rezoning
request on county property at 14351 Bermuda Orchard
Lane to accommodate a switching station and/or
electric power transforming station.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
4. To Consider Conveyance of an Easement
to Verizon Virginia LLC for a 15'
Easement Across A M Davis Elementary
School
On motion of Mr. Ingle, seconded by Mr. Carroll, the
6/26/2024 Page 24 of 111
Board authorized the Chairman of the Board of
Supervisors and the County Administrator to execute an
agreement with Verizon Virginia LLC for a 15'
underground easement across A M Davis Elementary
School.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
3. Acceptance of State Roads
On motion of Mr. Ingle, seconded by Mr. Carroll, 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.
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: Townes At Ironbridge 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
► Magill Terrace Drive, State Route Number 8527
From: Ironbridge Parkway, (Route 1569)
To: Monroe Arbor Lane, (Route 8529), a distance of
0.09 miles
Recordation Reference: Plat Book 282, Page 41-45
Right of Way width (feet) = 50
► Magill Terrace Drive, State Route Number 8527
From: Monroe Arbor Lane, (Route 8529)
To: The cul-de-sac, a distance of 0.07 miles
Recordation Reference: Plat Book 282, Page 41-45
Right of Way width (feet) = 40
6/26/2024 Page 25 of 111
► Benton Pointe Way, State Route Number 8528
From: Ironbridge Parkway, (Route 1569)
To: Bolles Landing Court, (Route 8530), a distance of
0.02 miles
Recordation Reference: Plat Book 282, Page 41-45
Right of Way width (feet) = 50
► Benton Pointe Way, State Route Number 8528
From: Bolles Landing Court, (Route 8530)
To: Monroe Arbor Lane, (Route 8529), a distance of
0.08 miles
Recordation Reference: Plat Book 282, Page 41-45
Right of Way width (feet) = 50
► Benton Pointe Way, State Route Number 8528
From: Monroe Arbor Lane, (Route 8529)
To: The cul-de-sac, a distance of 0.09 miles
Recordation Reference: Plat Book 282, Page 41-45
Right of Way width (feet) = 40
► Monroe Arbor Lane, State Route Number 8529
From: Magill Terrace Drive, (Route 8527)
To: Benton Pointe Way, (Route 8528), a distance of
0.04 miles
Recordation Reference: Plat Book 282, Page 41-45
Right of Way width (feet) = 50
► Monroe Arbor Lane, State Route Number 8529
From: Benton Pointe Way, (Route 8528)
To: The cul-de-sac, a distance of 0.08 miles
Recordation Reference: Plat Book 282, Page 41-45
Right of Way width (feet) = 40
► Bolles Landing Court, State Route Number 8530
From: Benton Pointe Way, (Route 8528)
To: The cul-de-sac, a distance of 0.09 miles
Recordation Reference: Plat Book 282, Page 41-45
Right of Way width (feet) = 40
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, 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
6/26/2024 Page 26 of 111
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: Wescott 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
► Wescott Way, State Route Number 8381
From: 0.13 miles northeast of Lind Lane, (Route 8383)
To: Ebbies Crossing, (Route 8558), a distance of 0.09
miles
Recordation Reference: Plat Book 285, Page 90
Right of Way width (feet) = 40
► Wescott Drive, State Route Number 8382
From: 0.18 miles northeast of Lind Lane, (Route 8383)
To: Ebbies Crossing, (Route 8558), a distance of 0.04
miles
Recordation Reference: Plat Book 285, Page 90
Right of Way width (feet) = 40
► Ebbies Crossing, State Route Number 8558
From: Wescott Drive, (8382)
To: Wescott Way, (Route 8381), a distance of 0.06
miles
Recordation Reference: Plat Book 285, Page 90
Right of Way width (feet) = 40
► Ebbies Crossing, State Route Number 8558
From: 0.10 miles northwest of Wescott Way, (Route
8381)
To: The end-of-maintenance, a distance of 0.03 miles
Recordation Reference: Plat Book 285, Page 90
Right of Way width (feet) = 40
► Ebbies Crossing, State Route Number 8558
From: Wescott Way, (Route 8381)
To: 0.10 miles northwest of Wescott Way, (Route
8381), a distance of 0.10 miles
Recordation Reference: Plat Book 285, Page 90
Right of Way width (feet) = 40
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.
6/26/2024 Page 27 of 111
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: Jessup Meadows Section I 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
► Bison Ford Drive, State Route Number 8068
From: 0.16 miles southeast of Jessup Meadows Drive,
(Route 3928)
To: Niles Road, (Route 2330), a distance of 0.04
miles
Recordation Reference: Plat Book 302, Page 39
Right of Way width (feet) = 47
► Bison Ford Drive, State Route Number 8068
From: Niles Road, (Route 2330)
To: Bison Ford Court, (Route 8568), a distance of
0.25 miles
Recordation Reference: Plat Book 302, Page 39
Right of Way width (feet) = 47
► Bison Ford Drive, State Route Number 8068
From: Bison Ford Court, (Route 8568)
To: 0.03 miles northeast of Bison Ford Court, (Route
8568), a distance of 0.03 miles
Recordation Reference: Plat Book 302, Page 39
Right of Way width (feet) = 47
► Niles Road, State Route Number 2330
From: 0.29 miles southeast of Rollback Drive, (Route
7210)
To: Bison Ford Drive, (Route 8068), a distance of
0.09 miles
Recordation Reference: Plat Book 302, Page 39
Right of Way width (feet) = 47
► Niles Road, State Route Number 2330
From: Bison Ford Drive, (Route 8068)
To: The cul-de-sac, a distance of 0.04 miles
Recordation Reference: Plat Book 302, Page 39
Right of Way width (feet) = 47
► Bison Ford Court, State Route Number 8568
6/26/2024 Page 28 of 111
From: Bison Ford Drive, (Route 8068)
To: The cul-de-sac, a distance of 0.06 miles
Recordation Reference: Plat Book 302, Page 39
Right of Way width (feet) = 47
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, 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: Watermark Section E 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
► Crosswinds Drive, State Route Number 8545
From: Crosswinds Boulevard, (Route 7594)
To: Ipswich Drive, (Route 8546), a distance of 0.16
miles
Recordation Reference: Plat Book 298, Page 76
Right of Way width (feet) = 55
► Crosswinds Drive, State Route Number 8545
From: Ipswich Drive, (Route 8546)
To: The end-of-maintenance, a distance of 0.03 miles
Recordation Reference: Plat Book 298, Page 76
Right of Way width (feet) = 47
► Ipswich Drive, State Route Number 8546
From: Crosswinds Boulevard, (Route 7594)
To: Crosswinds Drive, (Route 8545), a distance of
0.17 miles
Recordation Reference: Plat Book 298, Page 76
Right of Way width (feet) = 47
6/26/2024 Page 29 of 111
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, 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: Tarrington Section - 16 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
► Eastcastle Court, State Route Number 8571
From: Ashwell Drive, (Route 5843)
To: The cul-de-sac, a distance of 0.13 miles
Recordation Reference: Plat Book 253, Page 96
Right of Way width (feet) = 40
► Hemmingstone Court, State Route Number 8572
From: Ashwell Drive, (Route 5843)
To: The cul-de-sac, a distance of 0.07 miles
Recordation Reference: Plat Book 253, Page 96
Right of Way width (feet) = 40
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
4. Authorization to Donate Historic Relic to the
Virginia War Memorial Foundation
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board authorized the donation of a gun of historic
value to the Virginia War Memorial Foundation.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
6/26/2024 Page 30 of 111
5. Set Public Hearing
a. To Consider the Exercise of Eminent Domain
of Vacant Blighted Properties located at
4731 Black Oak Road and 8801 Rams Circle
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board set July 24, 2024, as the date to consider
acquisition of two vacant blighted properties by
eminent domain located at 4731 Black Oak Road and 8801
Rams Circle.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
b. To Consider the Vacation of a Portion of
Deerleaf Court Within Clover Hill Industrial
Park Phase One
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board set July 24, 2024, as the date to consider the
vacation of a portion of Deerleaf Court within Clover
Hill Industrial Park Phase One.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
c. To Consider the Vacation of a Portion of
Pine Needle Lane, also known as Stewart
Avenue, and Street Widening Easements in
Stewart Subdivision
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board set July 24, 2024, as the date to consider the
vacation of a portion of Pine Needle Lane, also known
as Stewart Avenue, and street widening easements in
Stewart Subdivision.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
d. To Consider the Quitclaim of a Portion of
Boulders Parkway
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board set July 24, 2024, as the date to consider the
quitclaim of a portion of Boulders Parkway.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
e. To Consider Conveyance of an Easement to
Virginia Electric and Power Company at O B
Gates Elementary School
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board set July 24, 2024, as the date to consider the
6/26/2024 Page 31 of 111
conveyance of an underground easement to Virginia
Electric and Power Company across the O B Gates
Elementary School Site.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
f. To Complete Quitclaim and Declare 21502
Pickett Avenue, South Chesterfield, Virginia
23803 Surplus
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board set July 24, 2024, as the date to complete
quitclaim and declare 21502 Pickett Avenue, South
Chesterfield, Virginia 23803 surplus.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
g. To Consider Proposed FY2025 Budget
Amendments Due to the Adoption of the State
Budget
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board set July 24, 2024, as the date to consider
amendment of the FY2025 Adopted Budget and authorized
advertisement of the required legal notice.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
6. Award of Contract for Engineering Professional
Services for Design of the Appomattox River Water
Treatment Plant
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board authorized the Director of Procurement to award
the engineering professional services contract to
Black and Veatch Corporation for services associated
with the Appomattox River Water Treatment Plant
project, with services to be negotiated on an
individual task order basis under the terms of this
contract.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
7. Approval of FY2024 Year-End Adjustments and
Reserve Requests
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board adopted FY2024 year-end revenue and expenditure
adjustments for the County as follows:
1. Authorized the County Administrator to assign to a
revenue stabilization reserve all unspent, or
otherwise unreserved, FY2024 appropriations that are
in excess of the items detailed in the attached
schedules;
6/26/2024 Page 32 of 111
2. Appropriated revenues and expenditures for specific
programs as well as authorized reallocations among
General Fund departments and related funds and made
adjustments to revenues and expenditures as outlined
on County - Schedule A;
3. Appropriated revenues and expenditures and
authorized other adjustments for specific programs,
projects, and non-General Fund departments as outlined
on County - Schedule B;
4. Authorized the County Administrator to assign and
reappropriate various revenues and unspent
expenditures contingent upon positive results of
operations as determined by the County’s financial
audit, as outlined on County - Schedule C, and reserve
all remaining funds for potential reappropriation
during FY2025; additional requests to commit remaining
funds will be brought to the Board of Supervisors
following the financial audit; and
5. Authorized a $10 million contribution to the
Unassigned Fund Balance to ensure adequate balances
within the policy guidelines prior to June 30, 2024.
And, further, the Board adopted FY2024 year-end
revenue and expenditure adjustments for CCPS as
follows:
1. Approved the revenue adjustments and appropriation
changes outlined in CCPS - Schedule A;
2. Approved the reserve requirements/requests as shown
in CCPS - Schedule B;
3. Approved the reserve requests for FY2024-budgeted
activities continuing into FY2025 as shown in CCPS -
Schedule C;
4. Requested that any remaining ending balance based
on the final FY2024 audit be reserved for Future
School Needs in the general fund; and
5. Approved the Resolution at CCPS - Attachment D and
authorized the Superintendent to make other
appropriation adjustments to the school operating fund
as may be necessary to implement the actions contained
in this year-end budget review.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
(It is noted the schedules and attachments are filed
with the papers of this Board.)
8. Approval of the Purchase of Vacant Property at
8761 Sheldeb Drive for the Purpose of Blight
Remediation
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board approved the purchase of a vacant property known
as 8761 Sheldeb Drive, North Chesterfield, Virginia
6/26/2024 Page 33 of 111
23235, designated as PIN 7758709562900000, containing
0.871 acres, more or less, with the improvements
located thereon and appurtenances thereto for
$276,700, plus closing costs, from Robert Micheal
Evans, Kelly J. Davis and De'Ann M. Evans, heirs to
aforementioned property, and authorized the County
Administrator to execute the real estate sale contract
and deed.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
9. Approval of the Purchase of a Parcel of Land and
Building at 9910 Wagners Way
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board approved the purchase of a 0.162-acre parcel of
land and 3,747-square-foot building located at 9910
Wagners Way, Chesterfield, Virginia 23832 (GPIN
771662631100000) from Coyner Office, LLC.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
10. Approval of Chesterfield County Police Department
Towing Contract Fee Addendum and Contract
Language Changes
On motion of Mr. Ingle, seconded by Mr. Carroll, the
Board approved towing contract language changes and
the contract fee addendum as approved by the
Chesterfield County Police Department Towing Advisory
Board, as outlined in the agenda item.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
15. Fifteen-Minute Citizen Comment Period on Unscheduled Matters
Ms. Karol Fisher expressed concerns relative to the
proposed gas-fired power plant and encouraged the
Board to vote no.
Mr. Glen Besa expressed concerns relative to the
Dominion Energy plant and the opinion that the Board
has passed the project on to Dominion, which will then
pass it on to the Department of Environmental Quality
(DEQ).
Mr. Jason Woodby expressed concerns relative to the
proposed gas plant and stated residents have the right
to be heard.
Ms. Roxana Paduretu expressed concerns relative to the
massage therapy ordinance. She encouraged the Board to
repeal the ordinance and come up with a different
solution.
Mr. Chris Wiegard expressed concerns relative to
climate change and the methane plant.
6/26/2024 Page 34 of 111
Mr. Holland expressed appreciation to the speakers and
stated they do have the right to have their voices
heard. He further stated any hearing should be held in
the county, and the county will work with Dominion and
DEQ to find an appropriate site.
16. Deferred Items from Previous Meetings
There were no deferred items from previous meetings.
17. Zoning Cases
A. Withdrawals
There were no withdrawals of zoning cases.
B. Deferrals
1. 23SN0087 - Meadowville Road Rezoning - Bermuda
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. Wilson introduced Case 23SN0087. She stated Mr.
Ingle is requesting deferral of the case to the
Board's July 24, 2024, meeting.
Mr. Holland called for public comment on the deferral.
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 deferred Case 23SN0087 to its regularly
scheduled Board of Supervisors meeting on July 24,
2024.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
C. Consent Cases
1. 23SN0111 - Riversbend RV Storage - Bermuda
In Bermuda Magisterial District, Riversbend RV Storage
is a request to amend zoning approval (Case 95SN0109)
to permit parking and storage of recreational
equipment and amendment of zoning district map in a
6/26/2024 Page 35 of 111
Residential (R-15) District on 2.77 acres known as
11949 Hogans Alley. The Comprehensive Plan suggests
the property is appropriate for Suburban Residential
II use (2 to 4 dwellings per acre). Tax ID 817-660-
8149.
Ms. Wilson introduced Case 23SN0111. She stated 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 23SN0111, subject to the following
proffered conditions:
The Applicant in this case, pursuant to Section 15.2-
2298 of the Code of Virginia (1950 as amended) and the
Zoning Ordinance of Chesterfield County, for itself
and its successors or assigns, proffer that the
property under consideration in this case (the
“Property”) will be used according to the following
proffer(s) if, and only if, the request submitted
herewith is granted with only those conditions agreed
to by the Applicant. In the event this request is
denied or approved with conditions not agreed to by
the owners and Applicant, the proffer shall
immediately be null and void and of no further force
or effect.
The Applicant hereby amends Zoning Case 95SN0109 to
add one (1) additional use to the OS-4 Tract with the
following restrictions:
1. Use. Recreational equipment parking and storage
both outdoors and within buildings, subject to the
following limitations:
a. Parking and outdoor storage of equipment
and indoor storage of equipment within the building
located on the Property shall be limited exclusively
for residents of properties included in the River’s
Bend subdivision. No vehicle repair or maintenance
shall be permitted.
b. Incidental shrink-wrapping of on-site
recreational equipment shall be accomplished with
white or other neutral-colored material. (P)
2. Conceptual Plan. The “Outdoor Gravel or Paved
Parking & Storage Area for Recreational Vehicles &
Equipment” and a “Tree Preservation Area” are
described and generally shown on the Conceptual Plan,
dated January 11, 2024, incorporated herein and
attached hereto as EXHIBIT A. (P)
3. Tree Preservation Area. Trees within the Tree
Preservation Area shall not be cut or removed except
as necessary to manage invasive species or insect
infestations or remove dead or diseased trees or trees
6/26/2024 Page 36 of 111
that pose a safety threat to persons or property.
Prior to removing vegetation from the tree
preservation area, the applicant shall contact
Planning Department to receive approval for the
removal of any vegetation. (P)
4. Setback Modification. A setback, measuring ten
(10) feet in width from the northern and western
boundaries of the Property, shall be maintained. No
recreational equipment or improvements, other than a
security fence and existing vegetation, may be located
within the setback. The security fence shall be
installed prior to commencement of the permitted use,
and the gate for the fence shall remain intact and
locked when the storage area is not in operation. The
security fence shall be a minimum of six feet (6’) in
height with black vinyl coating for chain link that
has a mesh of one inch (1") or smaller to discourage
entry by climbing. The applicant shall contact the
Planning Department to confirm completion of the
installation of the fence. (P)
5. Stored Recreational Equipment Operation,
Licensure & Maintenance. All stored recreational
equipment shall be operational and shall maintain
proper licensure. Any discharge from recreational
equipment, including but not limited to, wastewater
(effluent), oil, or any other engine
fluids/lubricants, shall be prohibited on the
Property. No inoperable or junk vehicle storage shall
be permitted. (P)
6. Hours of Operation. The storage area use shall
be limited to operate on the Property between dawn to
dusk daily. No overnight access for customers shall be
permitted. (P)
7. Access. Access to the Property for the
recreational vehicle and equipment storage use shall
initially be provided via Hogans Alley. Access to the
Property may be modified to provide access to the
future East/West Collector Road, as generally shown on
the Conceptual Plan. If the site’s access is relocated
to the future East/West Collector Road, the existing
access via Hogans Alley shall cease, as determined by
the Planning and Transportation Departments. (P & T)
8. Annual Compliance Report. An annual compliance
report (“the report”) shall be submitted to the
Director of Planning by December 1st of each calendar
year. At a minimum, the report shall provide the
following:
a. Current list of all recreational
equipment stored on the property (include Vehicle
Identification Numbers (VINs)).
b. Names and addresses of all equipment
owners (each equipment owner leasing storage space on
the Property must be a current resident of the River’s
Bend subdivision).
6/26/2024 Page 37 of 111
c. Proof of valid current license for the
owner/operator of equipment stored on the property.
d. Proof of current recreational equipment
registration for equipment stored on property.
e. Attestation from the applicant that all
vehicles stored onsite are in operating condition.
f. Attestation from the applicant that all
vehicles have been inspected by the applicant to
ensure that no vehicles are discharging any operating
fluids (motor oil, transmission fluid, antifreeze or
grease) or any fluids contained within any sanitary or
non-sanitary holding tanks. (P)
9. Duration of Permitted Use. The use permitted
and conditioned by this case number 23SN0111 shall
initially be limited to a period of three (3) years
from the date of approval. (P)
Staff Note: With the approval of this request, The Textual Statement (Item II.B) of Case 95SN0109 shall be amended as outlined above. All other conditions of Case 95SN0109 shall remain in force and effect.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
2. 23SN0119 - Dogwood Creek - Matoaca
In Matoaca Magisterial District, Dogwood Creek is a
request to rezone from Agricultural (A) to Residential
(R-12) with conditional use to permit neighborhood
recreational facilities and amendment of zoning
district map for property fronting approximately 1,080
feet on the south side of Genito Road, 1,530 feet west
of Tuckmar Pond Drive. The 178.39 acre property is
proposed for a maximum development of 293 dwelling
units. The Comprehensive Plan suggests the property is
appropriate for Phased Suburban Residential use
(Maximum of 2 dwellings per acre). Tax IDs 698-687-
4651 and 698-689-6647.
Ms. Wilson introduced Case 23SN0119. She stated 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. Carroll, seconded by Dr. Miller, the
Board approved Case 23SN0119, subject to the following
proffered conditions:
1. Master Plan. The Master Plan for the Property
shall consist of the following:
a. Development of the Property shall
generally conform to the Conceptual Plan (Exhibit A),
6/26/2024 Page 38 of 111
titled “Dogwood Creek”, prepared by Balzer and
Associates last revised April 4, 2024, with respect to
the general layout of roads, lots, common area and
open space. The layout on the Conceptual Plan is
conceptual in nature and may vary based on the final
subdivision plan depending on final engineering and
environmental studies or as otherwise approved by the
Planning Commission at the time of plans review.
b. Conceptual Images (Exhibit B). (P)
2. Utilities.
a. The public water and wastewater systems
shall be used.
b. Public water and wastewater easements
extending to the to the western line shall be
dedicated with subdivision recordation, to allow for
future extensions west of the property. (U)
3. Access. Direct vehicular access from the
Property to Genito Road (Route 604) shall be limited
to two (2) accesses with the exact locations of the
accesses approved by the Transportation Department.
(T)
4. Transportation Improvements. In conjunction with
initial development, the following road improvements
shall be completed, as determined by the
Transportation Department. The Transportation
Department shall approve the exact design, length,
and/or other modifications to the road improvements:
a. Construction of additional pavement along
Genito Road at both approved accesses to provide left
and right turn lanes.
b. Widening/improving the south side of
Genito Road to a twelve (12) foot wide travel lane,
measured from the centerline of the existing pavement,
with an additional four (4) foot wide paved shoulder
plus a four (4) foot wide unpaved shoulder and
overlaying the full width of the road with one and
one-half (1.5) inches of compacted bituminous asphalt
concrete, with modifications approved by the
Transportation Department, for the entire property
frontage.
c. Dedication of Chesterfield County, free
and unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. (T)
5. Dedication. In conjunction with initial
development or within sixty (60) days from a written
request by the Transportation Department, whichever
occurs first, forty-five (45) feet of right-of-way
along the south side of Genito Road, measured from the
centerline of that part of the roadway immediately
adjacent to the Property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield
County. (T)
6/26/2024 Page 39 of 111
6. Density. The maximum density shall not exceed
293 units. (P)
7. Road Cash Proffers.
a. The applicant, sub-divider, or
assignee(s) shall pay $9,400 for each dwelling unit to
Chesterfield County for road improvements within the
service district for the property (the “Cash Proffer
Payments”).
b. Each payment shall be made prior to the
issuance of a certificate of occupancy for a dwelling
unit unless state law modifies the timing of the
payment. Should Chesterfield County impose impact fees
at any time during the life of the development that
are applicable to the property, the amount paid in
cash proffers shall be in lieu of or credited toward,
but not in addition to, any impact fees, in a manner
determined by the county.
c. At the option of the Transportation
Department, Cash Proffer Payments may be reduced for
the cost of transportation improvements, other than
those improvements identified in the Transportation
Improvements Proffered Condition, provided by the
applicant, sub-divider, or assignee(s), as determined
by the Transportation Department. (T & Budget)
8. Environmental Standards. The following
environmental standards shall be provided. The
Department of Environmental Engineering shall approve
the exact design and implementation of these
standards.
a. Super silt fence, or an alternative as
approved by the Department of Environmental
Engineering, shall be provided as a perimeter
control.
b. Sediment traps and basins sized at least
25 percent larger than the minimum Virginia Erosion
and Sediment Control Handbook’s standard.
c. Application of Anionic PAM to denuded
areas during construction and final stabilization.
(EE)
9. Stormwater. The maximum post-development
discharge rate for the 100-year storm shall be based
on the maximum capacity of the existing facilities
downstream and shall not increase the recorded and/or
established 100-year backwater and/or floodplain. On-
site detention of the post-development 100-year
discharge rate to the below the pre-development 100-
year discharge rate may be provided to satisfy this
requirement. (EE)
10. Development Phasing. No more than seventy-five
(75) single family residential building permits
(“building permits”) shall be issued prior to December
31, 2026. Starting January 2027, a maximum of sixty
6/26/2024 Page 40 of 111
(60) building permits shall be issued per calendar
year until final build-out as follows:
a. No more than 135 building permits by the
end of 2027.
b. No more than 195 building permits by the
end of 2028.
c. No more than 255 building permits by the
end of 2029.
d. No more than 293 building permits by the
end of 2030. (P)
Subdivision Design Elements
11. Streetscape. Street trees shall be installed
along both sides of internal public roads. Unless
otherwise permitted during plans review, street trees
shall be large deciduous trees spaced generally forty
(40) feet on center, except where there is conflict
with utilities (above and underground), sightlines,
easements and/or driveway areas. Tree species shall be
those species designated for use as a street tree in
the Chesterfield County Plant Materials List. (P)
12. Sidewalks. VDOT standard sidewalks shall be
provided on one (1) side of the street in public
right-of-way, unless otherwise approved by the
Planning Department. (P)
13. Driveways. All private driveways serving
single-family residential uses shall be brushed
concrete, stamped concrete, exposed aggregate
concrete, decorative pavers, or asphalt. (P)
14. Front Walks. A minimum of three (3) foot wide
concrete front walks shall be provided to each
dwelling unit to connect driveways, sidewalks, and/or
streets. (P)
15. Front Foundation Planting Beds. Foundation
planting is required along the entire front and corner
side façade(s) of all dwelling units. Foundation
planting beds shall be a minimum of four (4) feet wide
from the unit foundation. Planting beds shall include
medium shrubs spaced a maximum of four (4) feet apart.
The plant materials used should visually soften the
unit corners and complement the architecture of the
home at their mature sizes. (P)
16. Architecture. Development of dwellings shall be
consistent (incorporating similar, but not necessarily
identical design elements, style, and materials) with
the conceptual elevations in Exhibit B or another
architectural appearance approved by the Director of
Planning at the time of plans review. (P)
17. Minimum Dwelling Size. The minimum finished
floor area for a dwelling shall be 1,600 square feet.
(P)
18. Elevation Repetition. The same dwelling unit
elevations shall not be located adjacent to or
directly across from each other along the same road.
This concept does not apply to units on different
6/26/2024 Page 41 of 111
streets backing up to each other. Variation in the
front elevation to address this restriction may not be
achieved by simply mirroring the façade but may be
accomplished by providing at least three (3) of the
following architectural changes.
a. Adding or removing a porch or covered
entry or increasing or decreasing the length of the
porch or entry.
b. Varying the location and/or style of a
front facing gable(s).
c. Alternating the location of a garage.
d. Providing different materials and/or
siding types on at least fifty (50) percent of the
elevation.
e. Providing a different roof type/roof
line.
f. Providing a different architectural
style. (P)
19. Exterior Facades.
a. Acceptable siding materials include
brick, stone, masonry, fiber cement siding (such as
HardiPlank, HardieShingle, and HardieTrim), or
engineered wood siding (such as LP SmartSiding),
premium quality vinyl siding with a minimum thickness
of 0.044 inches or other comparable material as
approved by the Planning Department at time of plans
review. Plywood and metal siding are not permitted.
Other materials may be used for trim, architectural
decorations, or design elements provided they blend
with the architecture of the dwelling unit. Where a
dwelling borders more than one street, all street-
facing facades shall be finished in the same
materials.
b. If the dwelling is constructed on a
slab, brick, brick veneer, stone, stone veneer, or
other masonry material shall be employed around the
base of the dwelling a minimum of twenty-four (24)
inches above grade so as to give the appearance of a
foundation. If not constructed on slab, all exposed
portions of the foundation of each dwelling shall be
faced with brick, brick veneer, stone, stone veneer,
or other masonry material.
c. Stepping the siding down below the
first floor shall only be permitted in circumstances
of unique topographical conditions. For dwelling units
stepping the siding down below the first floor shall
be permitted on the side and rear elevations that do
not front on a street, with a maximum of two (2) steps
permitted on any elevation. A minimum of twenty-four
(24) inches of exposed brick or stone shall be
required, unless a lesser amount is approved by the
Planning Department at the time of plan review due to
unique design circumstances.
d. Roof materials on pitched roofs shall
be thirty (30) year minimum architectural /
dimensional asphalt composition shingle or standing
seam metal. (P)
6/26/2024 Page 42 of 111
20. Porches and Stoops. Front stoops and porches
shall be constructed with continuous foundation walls
or with masonry piers to match the foundation of the
home. Extended front porches shall be a minimum of
five (5) feet deep. Handrails and railings, when
required by the building code, shall be finished
painted wood or metal railing with vertical pickets,
sawn balusters, or other products of equal quality.
Pickets shall be supported on top and bottom rails
that span between columns. Wooden front porches shall
include painted pickets, a painted band, and painted
or vinyl lattice underneath such porches. (P)
21. Garages.
a. Any garage door visible from a public
street shall use an upgraded garage door. An updated
garage door is any door with a minimum of three (3)
enhanced features. Enhanced features shall include
windows, raised panels, decorative panels, arches,
ornamental hardware or other architectural features on
the exterior that enhance the entry (i.e. decorative
lintels, shed roof overhangs, arches, columns,
keystones, eyebrows, etc.). Flat panel doors shall be
prohibited.
b. Front loaded attached garages shall be
permitted to extend as far forward from the front line
of the main dwelling as the front line of the covered
stoop or front porch provided that the rooflines of
the stoop or porch and garage are contiguous. Where
the rooflines are not contiguous, garages shall be
permitted to project a maximum of six (6) feet forward
of the front line of the main dwelling. (P)
22. Heating Ventilation and Air Conditioning (HVAC)
Units and Whole House Generators. Units shall
initially be screened from view of roads by
landscaping or low maintenance material, as approved
by the Planning Department. (P)
23. Chimneys/Direct Vent Fireplaces. Direct vent
gas fireplace boxes, which protrude beyond the
exterior face of the unit, are not permitted on front
facades. All the exterior materials and finishes used
to enclose the fireplace box or chimney shall match
the adjacent façade. (P)
24. Lamp Posts. One lamp post shall be provided for
each lot. The style and color of the lamp posts shall
initially be installed to be consistent throughout the
development. (P)
25. Buffers. All required buffers shall be recorded
within common area or open space. (P)
26. Recreational Neighborhood Facilities.
a. A pool and sheltered entrance with
bathrooms shall be provided prior to the issuance of
the 175th building permit.
6/26/2024 Page 43 of 111
b. In addition to and separate from the
pool area, there shall be at least one (1) additional
amenity within the development. This area shall be a
minimum of 0.5-acre, include unstructured but
maintained grass area(s) for recreational play and
provide at least one of the following amenities to
facilitate gathering.
i. Pavilion
ii. Pickleball court(s)
iii. Dog park
iv. Community garden(s)
v. Playground
c. Other amenities, such as, but not
limited to, pocket park(s), benches, picnic areas, and
fire pit(s), shall be permitted within the
development.
d. Pedestrian walking trails shall be
provided throughout the development to provide
interconnectivity between lots, open space, and common
area, as generally shown on Exhibit A. The exact
location of any pedestrian walking trails may be
determined by the Owner in connection with plans
review. The exact design and location of pedestrian
walking trails shall be reviewed and approved in
connection with plan approval. The pedestrian walking
trails may be crushed rock or a natural material, such
as mulch, and may be constructed and maintained,
together with clearing immediately adjacent thereto,
in resource protection areas in such locations and
configurations as approved by the Environmental
Engineering Director or designee.
e. The recreational neighborhood
facilities described above shall be developed
concurrent with the phase of development that the
amenities are intended to serve. The exact design,
location and size of all recreational neighborhood
facilities shall be reviewed and approved during plans
review. (P)
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
3. 23SN0133 - Richmond Animal League Rezoning and
Exceptions - Clover Hill
In Clover Hill Magisterial District, Richmond Animal
League Rezoning and Exceptions is a request to rezone
from Light Industrial (I-1) to Community Business (C-
3) with conditional use planned development to permit
exceptions to ordinance requirements and amendment of
zoning district map on 4.45 acres known as 11401
International Drive, 717 and 801 Branchway Road. The
Comprehensive Plan suggests the property is
appropriate for General Business use. Tax IDs 741-707-
8661-00001; 742-707-0439 and 0663.
Ms. Wilson introduced Case 23SN0133 and stated the
Planning Commission and staff recommended approval,
6/26/2024 Page 44 of 111
subject to the conditions in the staff report.
Mr. Holland called for public comment.
Mr. William Shewmake, representing the applicant,
expressed appreciation to the Board and staff for
their work on the case.
There being no one else to speak to the issue, the
public hearing was closed.
On motion of Ms. Schneider, seconded by Dr. Miller,
the Board approved Case 23SN0133, subject to the
following proffered conditions:
The property owner and applicant in this case,
pursuant to Section 15.2-2298 of the Code of Virginia
(1950 as amended) and the Zoning Ordinance of
Chesterfield County, for themselves and their
successors and assigns, proffer that the property
under consideration (“the Property”) will be developed
according to the following proffers if, and only if,
the request submitted herewith is granted with only
those conditions agreed to by the owner and applicant.
In the event this request is denied or approved with
conditions not agreed to by the owner and applicant,
the proffers shall immediately be null and void and of
no further force or effect.
1. Master Plan. The Textual Statement dated April
26, 2024 shall be considered the Master Plan. (P)
2. Existing Storage Container. The storage
container located on 11401 International Drive shall
be removed within ninety (90) days of zoning approval.
(P)
3. Utilities.
a. The public water and wastewater systems
shall be used.
b. In conjunction with site plan approval
for 717 Branchway Road (GPIN 742-707-0439), a sixteen
(16) foot permanent and a ten (10) foot temporary
construction public wastewater easement shall be
dedicated, unless otherwise agreed, in a location
consistent with that labeled as “Potential Easement
Route” on the attached Exhibit A, dated April 24,
2024, to provide public wastewater system access for
709 Branchway Road (GPIN 742-707-0119). Paving
(asphalt only), vehicular parking, trails, fencing,
and landscaping that does not interfere with the
public wastewater system shall be permitted over this
easement. Provided, however, the easement agreement
must require that any repair of damage to the
aforesaid improvements and property caused by
extending, improving, and maintaining the public
wastewater system to 709 Branchway Road shall be borne
by the County of Chesterfield. (U)
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
6/26/2024 Page 45 of 111
4. 23SN0121 - Studio M Training - Matoaca
In Matoaca Magisterial District, Studio M Training is
a request for conditional use to permit a fitness
training studio incidental to a dwelling and amendment
of zoning district map in an Agricultural (A) District
known as 17600 Elko Road. The 1.8 acre property is
developed with one single family dwelling. The
Comprehensive Plan suggests the property is
appropriate for Low Density Residential use (Maximum
of 1 dwelling per acre). Tax ID 787-626-2199.
Ms. Wilson introduced Case 23SN0121 and stated 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. Carroll, seconded by Dr. Miller, the
Board approved Case 23SN0121, subject to the following
conditions:
1. Non-Transferable Ownership. This Conditional
Use approval shall be granted to and for Caitlin
Manning, exclusively, and shall not be transferable or
run with the land. (P)
2. Use Limitation. This Conditional Use approval
shall be for the operation of a business (fitness
training) with group instruction, incidental to a
dwelling. The use shall be limited to only indoor
activities and equipment within the 2,920 square foot
detached accessory building, as depicted on the site
layout in Exhibit A. (P)
3. Time Limitation. This Conditional Use approval
shall be granted for a period not to exceed five (5)
years from the date of approval. (P)
4. Hours of Operation. Hours of operation shall be
limited to the following:
a. Monday – Thursday, 6:00 a.m. – 11:30
a.m., and 3:00 p.m. – 6:30 p.m.
b. Friday, 6:00 a.m. – 9:30 a.m.
c. Saturday, 8:30 a.m. – 9:30 a.m.
d. There shall be no operation of the use on
Sunday. (P)
5. Expansion of Use. No new building construction
shall be permitted to accommodate this use, unless as
otherwise required by code to accommodate handicapped
accessibility. (P)
6. Employees. Employees working on the premises
shall be limited to the applicant, any family member
employees living in the home, and up to two (2)
employees who do not reside in the home. No more than
one (1) employee shall be working on site at any one
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time. (P)
7. Group Instruction. All activities for the
business shall be conducted indoors. (P)
8. Signage. No signs shall be permitted to
identify this use. (P)
9. Parking. No more than fifteen (15) vehicles,
including the applicant’s vehicles, shall be parked on
the premises at any one time. Parking for these
vehicles shall be restricted to the area designated in
Exhibit A. (P)
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
D. Discussion Cases
1. 23SN0125 - Farnham Woods - Clover Hill
In Clover Hill Magisterial District, Farnham Woods is
a request to rezone from Agricultural (A) to
Residential (R-12) plus conditional use planned
development to permit exceptions to ordinance
requirements and amendment of zoning district map
known as 5009 Claypoint Road. The 15.37 acre property
is proposed for a maximum of 46 dwelling units. The
Comprehensive Plan suggests the property is
appropriate for Suburban Residential II use (2 to 4
dwellings per acre). Tax ID 742-677-5525.
Mr. Richard Saunders provided the Board with an
overview of Case 23SN0125. He reviewed the applicant's
requests for exceptions to development standards and
perimeter yards for Stormwater Management/Best
Management Practice Basin (SWM/BMP). He stated the
Planning Commission and staff recommended approval of
the case.
Mr. Holland called for public comment.
Ms. Anne Miller, representing the applicant, thanked
the Planning Commission and staff for their work on
the case and welcomed any questions from the Board.
Mr. Michael Karabinos expressed concerns relative to
overcrowded and underfunded schools.
Mr. Jerry Turner expressed concerns relative to
traffic congestion near the school.
There being no one else to speak to the issue, the
public hearing was closed.
In response to Ms. Schneider's question, Ms. Miller
provided details of road improvements as outlined in
the staff report.
Ms. Schneider made a motion, seconded by Mr. Ingle,
for the Board to approve Case 23SN0125, subject to the
conditions in the staff report.
6/26/2024 Page 47 of 111
Mr. Carroll stated it is against Virginia law to deny
a zoning case based on insufficient infrastructure. He
discussed failed legislation in the General Assembly
2024 Session which would have addressed this issue. He
stated the legislation may be reintroduced, and he
encouraged the community to come forward and speak to
it. He further stated that since there is no crosswalk
in this case, the Board should work on that in the
future.
Ms. Schneider stated she spoke with Senator Glen
Sturtevant and Delegate Mark Earley about the
legislation Mr. Carroll discussed.
Mr. Ingle stated everything that was in the bond
referendum will come to fruition in approximately
2029. He further stated with proper redistricting by
the School Board, all schools will be in the 80
percent capacity range.
Mr. Holland called for a vote on Ms. Schneider's
motion, seconded by Mr. Ingle, for the Board to
approve Case 23SN0125, subject to the following
proffered conditions:
The applicant hereby offers the following proffered
conditions:
1. Master Plan. The Master Plan for the Property
shall consist of the following:
a. The Textual Statement last revised
January 16, 2024.
b. Development of the Property shall
generally conform to the Conceptual Plan (Exhibit A),
titled “Farnham Woods” prepared by Balzer and
Associates last revised January 4, 2024, with respect
to the general layout of roads, lots, common area, and
open space. The layout on the Conceptual Plan is
conceptual in nature and may vary based on the final
subdivision/site plan depending on final engineering
and environmental studies or as otherwise approved by
the Planning Director, or assignee, at the time of
plans review.
c. Conceptual Images (Exhibit B). (P)
2. Utilities.
a. The public water and wastewater systems
shall be used.
b. The design of the on-site wastewater
collection system shall include an 8” line with
terminal manhole at the northwestern property line at
locations to serve both 5005 and 5007 Claypoint Road.
(U)
3. Density. The maximum density shall not exceed
three (3) units to the acre. (P)
6/26/2024 Page 48 of 111
4. Access. Direct vehicular access from the
Property to Claypoint Road shall be limited to one (1)
access, as generally shown on the Conceptual Plan
(Exhibit A), with the exact location approved by the
Transportation Department. (T)
5. Transportation Improvements. In conjunction with
initial development, the following road improvements
shall be completed, as determined by the
Transportation Department. The Transportation
Department shall approve the exact design, length,
and/or other modifications to the road improvements:
a. Construction of additional pavement along
Claypoint Road at the approved access to provide a
left turn lane or restriping of the existing left turn
lane to accommodate left turn movements for the
development and the school along the west side of
Claypoint Road.
b. Construction of additional pavement along
the northbound lane of Claypoint Road at the approved
access to provide a separate right turn lane. In the
event the developer is unable to acquire any “off-
site” right-of-way (or easements) that is necessary
for improvement, the developer may request, in
writing, that the Transportation Department modify the
improvement. If approved by the Transportation
Department, the developer shall be relieved of the
obligation to acquire the “off-site” right-of-way (or
easements) and shall provide the improvement with
available right-of-way (or easements) as determined by
the Transportation Department.
c. Construction of a VDOT standard sidewalk
along Claypoint Road for the entire property
frontage.
d. Dedication to Chesterfield County, free
and unrestricted, of any additional right-of-way (or
easements) required for the improvements identified
above. (T)
6. Dedication. In conjunction with recordation of
the initial subdivision plat, prior to any final site
plan approval, or within sixty (60) days from a
written request by the Transportation Department,
whichever occurs first, forty-five (45) feet of right-
of-way along the east side of Claypoint Road, measured
from the centerline of that part of the roadway
immediately adjacent to the Property, shall be
dedicated, free and unrestricted, to and for the
benefit of Chesterfield County. (T)
7. Road Cash Proffer.
a. The applicant, sub-divider, or
assignee(s) shall pay $9,400 for each single-family
unit to Chesterfield County for road improvements
within the service district for the property (the
“Cash Proffer Payments”).
b. Each payment shall be made prior to the
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issuance of a certificate of occupancy for a dwelling
unit unless state law modifies the timing of the
payment. Should Chesterfield County impose impact fees
at any time during the life of the development that
are applicable to the property, the amount paid in
cash proffers shall be in lieu of or credited toward,
but not in addition to, any impact fees, in a manner
determined by the county.
c. At the option of the Transportation
Department, Cash Proffer Payments may be reduced for
the cost of transportation improvements, other than
those improvements identified in the Transportation
Improvements Proffered Condition, provided by the
applicant, sub-divider, or assignee(s), as determined
by the Transportation Department. (T)
8. Environmental Engineering.
a. The post-development 100-year peak
discharge rate shall not exceed the established 100-
year floodplain within Parrish Branch subdivision.
b. The existing pond shall remain and
receive an engineering and geotechnical and hydraulic
clean bill of health from a qualified professional.
(EE)
Subdivision Design Elements
9. Streetscape. Street trees shall be installed
along both sides of internal public roads. Unless
otherwise permitted during plan review, street trees
shall be large deciduous trees generally spaced 40
feet on center, except where there is a conflict with
utilities (above or underground), sightlines, and/or
driveway areas. Trees shall either be installed within
the right-of-way, or a maximum of 5 feet outside of
the right-of-way. In a subdivision, if the trees are
planted outside of the right-of-way, they shall be
located in an easement granted to the homeowners’
association. Tree species shall be those species
designated for use as a street tree in the
Chesterfield County Plant Materials List. (P)
10. Sidewalks. VDOT standard sidewalks shall
generally be provided on both sides of public streets
in public right-of-way, as determined by the Director
of Planning. (P)
11. Driveways. All private driveways serving
single-family residential uses shall be brushed
concrete, stamped concrete, exposed aggregate
concrete, decorative pavers, or asphalt. (P)
12. Front Walks. A minimum of three (3) foot wide
concrete front walks shall be provided to each
dwelling unit to connect drives, sidewalks, and/or
streets. (P)
13. Front Foundation Planting Beds. Foundation
planting is required along the entire front and corner
side façade(s) of all dwelling units. Foundation
planting beds shall be a minimum of four (4) feet wide
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from the unit foundation. Planting beds shall include
medium shrubs spaced a maximum of four (4) feet apart.
The plant materials used should visually soften the
unit corners and complement the architecture of the
home at their mature sizes. (P)
14. Architecture. Development of dwellings shall be
consistent (incorporating similar, but not necessarily
identical design elements, stye and materials) with
the conceptual elevations in Exhibit B or another
architectural appearance approved by the Director of
Planning at the time of plans review. (P)
15. Exterior Facades.
a. Acceptable siding materials include
brick, stone, masonry, fiber cement siding (such as
HardiPlank, HardieShingle, and HardieTrim), or
engineered wood siding (such as LP SmartSiding),
premium quality vinyl siding with a minimum thickness
of 0.044 inches or other comparable material as
approved by the Planning Department at time of plans
review. Plywood and metal siding are not permitted.
Other materials may be used for trim, architectural
decorations, or design elements provided they blend
with the architecture of the dwelling unit. Where a
dwelling borders more than one street, all street-
facing facades shall be finished in the same
materials.
b. The exposed portion of any foundation
shall be brick or stone. If the dwelling unit is
constructed on a slab, brick or stone shall be
employed around the base of the front and sides of the
dwelling unit a minimum of twenty-four (24) inches
above grade as to give the appearance of a foundation.
c. Roofing material shall be standing seam
metal, dimensional architectural shingles, or better
with a minimum 30-year warranty. (P)
16. Repetition. Dwellings with the same elevations
may not be located adjacent to, directly across from,
or diagonally across from each other on the same
street. This requirement does not apply to units on
different streets backing up to each other. (P)
17. Porches and Stoops. Front stoops and porches
shall be constructed with continuous foundation walls
or with masonry piers to match the foundation of the
home. Extended front porches shall be a minimum of
four (4) feet deep. Handrails and railings, when
required by the building code, shall be finished
painted wood, vinyl rails or metal rail systems with
vertical pickets, sawn balusters, or other products of
equal quality. Pickets shall be supported on top and
bottom rails that span between columns. (P)
18. Garages. If garages are provided, the following
shall be required.
a. Front loaded attached garages shall be
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permitted to extend as far forward from the front line
of the main dwelling as the front line of the front
porch provided that the rooflines of the porch and
garage are contiguous. Where the rooflines are not
contiguous, garages shall be permitted to project a
maximum of two (2) feet forward of the front line of
the main dwelling.
b. Front loaded, and corner side loaded
garages shall use an upgraded garage door. An upgraded
garage door is any door with a minimum of three (3)
enhanced features. Enhanced features shall include
windows, raised panels, decorative panels, arches,
ornamental hardware, or other architectural features
on the exterior that enhance the entry (i.e.,
decorative lintels, shed roof overhangs, arches,
columns, keystones, eyebrows, etc.) Flat panel garage
doors are prohibited. (P)
19. Heating Ventilation and Air Conditioning (HVAC)
Units and Whole House Generators. Units shall
initially be screened from view of roads by
landscaping or low maintenance material, as approved
by the Planning Department. (P)
20. Fireplaces, Chimneys and Flues. If provided,
the following shall be required.
a. Masonry fireplace chimney chases shall
be constructed of brick or stone. The width and depth
of chimneys shall be appropriately sized in portion to
the size and height of the unit.
b. Direct vent gas fireplace boxes, which
protrude beyond the exterior face of the unit, are not
permitted on front facades. All the exterior materials
and finishes used to enclose the fireplace box must
match the adjacent façade. (P)
21. Focal Point/Recreation Area. A minimum of 0.75-
acre of common area/recreation area shall be provided
within this property to provide a focal point(s). Part
of the focal point(s) shall be hardscaped and have
benches and other amenities that accommodate and
facilitate gatherings. The focal point(s) shall be
developed concurrent with the phase of development
where the focal point(s) are located. (P)
22. Buffers. The following buffers shall be
provided in accordance with the General Provisions for
Buffers as outlined in the Zoning Ordinance:
a. A variable width buffer (minimum of 20
feet to maximum of 30 feet) shall be provided along
the northern property line, adjacent to Tax ID 742-
677-5154-00000.
b. A fifty (50) foot buffer shall be
provided along the eastern property line, adjacent to
recorded lots 17, 16, 15, and part of 14 in the
Parrish Branch subdivision.
c. A thirty (30) foot buffer shall be
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provided along the southern property line, adjacent to
Tax ID 742-676-6082-00000.
d. All buffers shall be recorded within
common area or open space. (P)
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
2. 22SN0147 - Rockwood Grove - Dale
In Dale Magisterial District, Rockwood Grove is a
request to rezone from Agricultural (A), Residential
(R-7), Corporate Office (O-2) and Community Business
(C-3) to Residential Townhouse (R-TH) with conditional
use planned development to permit exceptions to
ordinance requirements and amendment of zoning
district map, known as 9701 Hull Street Road. The
35.41 acre property is proposed for a maximum
development of 260 dwelling units. The Comprehensive
Plan suggests the property is appropriate for
Community Mixed Use, Corporate Office and Medium-High
Density Residential (Minimum of 4 to 8 dwellings per
acre) uses. Tax IDs 751-685-0478; 751-686-1518, 2149,
and 5752.
Mr. Ryan Ramsey provided the Board with an overview of
Case 22SN0147. He reviewed the ordinance exceptions.
He stated the Planning Commission and staff
recommended approval.
Mr. Holland called for public comment.
Mr. Jeff Geiger, representing the applicant, provided
the Board with additional details of the case. He
stated the applicant believes it has adopted many of
the neighbors' recommendations and addressed many of
their concerns. He asked the Board to approve the
request subject to the conditions in the staff report.
Discussion ensued relative to the location of
sidewalks and responsibility for maintenance and
upkeep.
Mr. Ricky Lee expressed concerns relative to building
townhouses instead of single-family homes.
Ms. Jamie Carson stated it should be apparent that
Falling Creek Farms is opposed to this development.
Mr. Steve Meadows expressed concerns relative to
connecting to Paulett Road. He stated there is no need
to build an extra road when all the roads already
exist.
Ms. Caroline Emmons asked the Board to think about the
overall impact of traffic on the area. She expressed
concerns about not getting the multi-use path and not
hearing about the amenities that were going to be
provided.
Mr. Jerry Turner expressed concerns about amenities
6/26/2024 Page 53 of 111
being removed and the townhouses becoming rentals.
Ms. Renae Eldred stated the county needs to require
that developers include shared-use paths in their
cases, otherwise, they will not get built by the
county or VDOT. She expressed concerns about some
amenities being removed and the placement of other
amenities in the easement. She also expressed concerns
relative to traffic on Paulett Road.
Mr. Jack Kenny, owner of the property, expressed his
desire for something to go on the property that would
benefit the county and the neighbors.
Mr. Geiger addressed concerns relative to the proposed
office use and amenities in the easement. He clarified
that there are no improvements on the gas line other
than the county's road. He addressed concerns relative
to traffic and stated the applicant was required to
connect to Paulett Road. He stated it would be an easy
process for the applicant to get approval from
Dominion for improvements on the power line.
Mr. Holland closed the public hearing. He then made a
motion to approve Case 22SN0147 subject to the
conditions in the staff report.
Discussion ensued relative to the imposition of a
condition which would limit the number of units until
such time as approval is received from Dominion for
amenities on the power line; a walking path; and
proffers.
Mr. Ingle proposed that no more than 180 certificates
of occupancies may be issued on the Property until
approval is obtained from the easement holder,
Dominion Energy, to allow the dog park feature within
the easement, to which Mr. Geiger agreed.
Mr. Holland then made a motion, seconded by Mr. Ingle,
for the Board to approve Case 22SN0147 subject to the
following proffered conditions and one imposed
condition:
The property owners and applicant in this rezoning
case, pursuant to Section 15.2-2298 of the Code of
Virginia (1950 as amended) and the Zoning Ordinance of
Chesterfield County (the “Zoning Ordinance”), for
themselves and their successors or assigns, proffer
that the property under consideration (the “Property”)
will be developed according to the following proffers
if, and only if, the rezoning request submitted
herewith is granted with only those conditions agreed
to by the owners and applicant. In the event this
request is denied or approved with conditions not
agreed to by the owners and applicant, the proffer
shall immediately be null and void and of no further
force or effect.
These Proffered Conditions include two (2) exhibits
attached hereto:
Exhibit A: “Conceptual Plan”, prepared by VHB, dated
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March 14, 2024 (“Conceptual Plan”).
Exhibit B: Townhome Elevations dated March 14, 2024.
APPLICABLE TO ALL
1. Master Plan. The Textual Statement dated May 2,
2024, shall be considered the Master Plan. (P)
2. Conceptual Plan. The Property shall be
developed in general conformance with the Conceptual
Plan. The Conceptual Plan is conceptual in nature and
may vary based on the final site plan depending on the
final soil studies, RPA lines, road and alley design,
lot locations, lot line locations, amenity locations,
building locations, building footprints, parking area
design and location, BMP design and location, access
locations, VDOT requirements, pedestrian way design
and location, other engineering reasons, and
requirements to obtain permits and approvals from
county departments and state departments and agencies.
Any substantive changes that do not relate to the
prior sentence shall be approved by the Planning
Commission at the time of plans review. In the event
of any conflict between information shown on the
Conceptual Plan and these Proffered Conditions, these
Proffered Conditions shall control. (P)
3. Density. Residential density shall be limited
to a maximum of 260 townhome dwellings. (P)
4. Office Flex. Any building(s) constructed within
the “Office Flex” area shall be constructed with
architectural design, building materials, and
landscaping that shall complement the architectural
design, the building materials and the landscaping
used in the design and construction of the townhome
dwelling use and the landscaping around the townhome
dwelling use, unless otherwise approved by the
Planning Director at the time of plans review and
approval based on the design needs of permitted use
identified. (P)
5. Utilities. Public water and wastewater shall be
used. (U)
6. Hydraulic Analysis - Utilities. The owner of
the Property shall perform a hydraulic analysis of the
County’s adjacent wastewater system to verify adequate
capacity exists prior to or in conjunction with the
first site plan submittal. Any capacity related
improvements required to support the demands of this
project shall be reflected on the site plan and will
be the responsibility of the owner of the Property.
(U)
7. Dedication of Waterline Easement. In
conjunction with site plan review and approval, the
owner of the Property shall dedicate to Chesterfield
County, subject to existing easements, a 15’ wide
permanent public waterline easement, together with a
10’ wide temporary construction easement, in the
general location shown on the Conceptual Plan, unless
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otherwise mutually agreed upon by the Owner of the
Property and the Department of Public Utilities at the
time of plans review and approval. Any existing or
future easements benefiting public utilities on the
Property may be improved with parking areas, roads and
pedestrian paths. In addition, such easements may be
improved with landscaping approved by the Department
of Public Utilities. (U)
8. Stormwater. The maximum post-development
discharge rate for the 100-year storm shall be based
on the maximum capacity of the existing facilities
downstream, and shall not increase the recorded and
/or established 100-year backwater and /or floodplain.
On-Site detention of the post-development 100-year
discharge rate to below the pre-development 100-year
discharge rate may be provided to satisfy this
requirement. (EE)
9. Street Trees. Street trees shall be provided on
both sides of the internal public roads, unless
otherwise approved at the time of plans review. The
street trees along the public roads shall be large
deciduous trees, unless otherwise approved at the time
of plans review and approval. Street trees located
along public roads shall be spaced with an average
spacing of forty (40’) on center, unless otherwise
approved at the time of plans review and approval. For
all street trees, in the event of conflicts with
utilities, easements, sightlines, entrances and other
conflicts, the required spacing shall be increased.
All street trees will be maintained by the
homeowner’s association, unless VDOT will maintain.
For all street trees, the final landscape design and
plantings shall be submitted with the landscape plan
for the project at the time of plans review for
approval by the Planning Department. (P)
10. Transmission Easement and Substation Screening.
a. Common Area, a minimum of ten feet
(10’) in width, shall be provided between the property
line shared with the existing substation and the rear
lot line of dwellings adjacent to the substation (the
“Substation Common Area”). The width of the
Substation Common Area may be reduced or split into
two areas totaling ten feet (10’) if needed to
accommodate easements for, and improvements by, the
Department of Public Utilities, as approved at the
time of plans review by the Directors of the
Departments of Utilities and Planning.
b. Lots with rear yards adjacent to the
transmission line easement located on the Property,
and lots with rear yards facing the substation, shall
include the planting of a minimum of three (3)
evergreen trees along the transmission line easement
boundary line or along the project boundary line
shared with the substation, as applicable, to screen
and improve the aesthetic appearance of the
transmission line easement area and the substation.
All of these evergreen trees shall be placed in the
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Substation Common Area, or, if necessary, in a lot
within an easement benefiting the homeowner’s
association. The exact location of these evergreen
trees shall be determined at the time of plans review
and shall be located outside utility easements, if
required.
c. At a minimum, perimeter landscape B
shall also be planted within the Substation Common
Area, except that the type of plants, the number of
plants and the location of plants shall be modified or
removed if needed to accommodate the evergreen trees
required in Proffered Condition 10.a. above within the
Substation Common Area. The type, number and location
for the plants within the Substation Common Area shall
be established by the landscape plan submitted by the
owner of the Property at the time of plans review.
The evergreen trees required in Proffered Condition
10.b. above shall be credited toward this landscaping
requirement. (P & U)
11. Substation Setbacks. There shall be an
individual building setback of a minimum of sixty-five
feet (65’) from the project boundary line shared with
the adjacent, existing electrical substation on the
west side of the project. There shall be a rear lot
line setback of a minimum of forty feet (40’) from the
project boundary line shared with the adjacent,
existing electrical substation on the westside of the
project. (P)
12. Amenities. The following improvements shall be
provided:
a. Outdoor Gathering/Grilling Areas. A
minimum of 1,500 sf of outdoor hardscaped space
providing grilling stations and gathering areas with a
covered pavilion a minimum of 100 square feet. An
alternate design may be submitted to the Planning
Director for approval at the time of plans review.
b. Dog Park. A dog park within the
transmission easement area. An alternate amenity may
be submitted to the Planning Director for approval at
the time of plans review.
c. Parks. A green space with grass which,
includes (i) , a minimum of two benches with hardscape
below each bench (the square footage of this hardscape
being a minimum of two times the square footage of the
bench seating area), and (ii) landscaping identified
on the landscape plan submitted by the owner at the
time of plans review, for the two areas noted as
“Park” on the Conceptual Plan. An alternate design
for one or both of the parks may be submitted to the
Planning Director for approval at the time of plans
review.
d. Other. The common areas may also be
improved with one or more of the following: play area,
a second covered pavilion, a fire pit area, outdoor
game area, benches, hardscaped patio area, outdoor
eating area or other similar improvements. (P)
6/26/2024 Page 57 of 111
13. Pedestrian Paths in Common Area. In all Common
Areas outside the transmission easement and Resource
Protection Areas, pedestrian paths shall be hard
surface. In the transmission easement, pedestrian
paths shall be located and constructed with materials
approved by Dominion Power or its successor. In
Resource Protection Areas, pedestrian paths may be
located in a meandering manner through the Resource
Protection Areas in accordance with the Department of
Environmental Quality’s Riparian Buffers Modification
and Mitigation Guidance Manual, with the final
location, design and material to be approved by the
Director of Environmental Engineering at the time of
plans review and approval. (P & EE)
14. Lighting.
a. Full cut-off, photocell-activated,
minimum 70 CRI-rated LED luminaires shall illuminate
areas within 20 feet of the cluster mailbox units
(CBUs) with a minimum maintained illumination level of
0.5 foot-candles, as measured at grade, but this
requirement may be modified to meet VDOT requirements.
b. Full cut-off, photocell-activated,
minimum 70 CRI-rated LED luminaires shall illuminate
the sidewalk adjacent to the Office/Flex building
sidewalks and the parking area serving the Office/Flex
building with a minimum maintained illumination level
of 1.0 foot-candle, as measured at grade, but this
requirement may be modified to meet VDOT requirements.
(Police)
15. Access.
a. Direct vehicular access to Hull Street
Road (Route 360) shall not exceed one (1) access,
unless otherwise approved at the time of plans review
and approval by the Chesterfield County Transportation
Department (“Transportation Department”). The Route
360 access location shown on the Conceptual Plan may
be relocated and the layout on the Conceptual Plan
adjusted, based on VDOT approved turn lanes and
entrance permits. (T)
16. Sidewalks. VDOT standard sidewalks shall be
provided along internal public roads, including the
East-West Road, as generally shown on the Conceptual
Plan, unless otherwise approved by the Planning
Director at the time of plans review and approval.
These sidewalks may be located inside or outside of
the right-of-way. (P)
17. Construction Access and Signage.
a. There shall be no construction
vehicular access to/from existing Paulett Road until
construction activity is complete, as determined by
the Planning Department.
b. Prior to any land disturbance on the
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property, temporary barricade(s) and sign(s) shall be
installed by the Owner/Developer at the Paulett Road
stub-out terminus at the Property line to deter and
prevent construction traffic from using the stub-out.
Sign(s) shall be posted in English and Spanish that
is clearly legible from the public right of way.
Sign(s) shall be maintained by the Owner/Developer
and shall remain until construction activity is
complete, as determined by the Planning Department.
The temporary barricade(s) shall remain in place
until (i) construction activity is complete, as
determined by the Planning Development, (ii) removal
of the barrier is required by VDOT or the
Transportation Department, or (iii) removal of the
barrier is required by the Fire Department, whichever
occurs first. (P)
18. Road Improvements. The following road
improvements shall be completed by the owner of the
Property or by others. Any modification to the
alignment, design and length shown on the Conceptual
Layout and/or specified below shall be approved by the
Transportation Department. If any of the road
improvements identified below are provided by others,
as determined by the Transportation Department, then
the specific road improvement shall no longer be
required. If requested by the owner/developer and
approved by the Transportation Department, the phasing
of the road improvements may be modified. For
clarity, all internal roads will be public and
designed as local roads.
a. Construction of a two (2) lane road
with twelve foot (12’) wide travel lanes with VDOT
standard sidewalks along both sides for the East-West
Road, a special access street, to VDOT local road
standards, from Oxbridge Road to Route 360 and to the
eastern property line (connecting to Paulett Road),
with modifications approved by the Transportation
Department. This improvement shall be completed prior
to recordation of a cumulative total of more than 150
townhome dwelling units.
b. Widening/improving Paulett Road, only
within the existing right-of-way, to provide twelve-
foot (12’) wide travel lanes (total of 24’),
associated ditch/shoulder improvements, and overlaying
the full width of the road with one and a half (1.5)
inch surface course asphalt, with any modifications
approved by the Transportation Department, from the
eastern property line to the Lynchester Drive
intersection. In the event there is not enough right-
of-way for these improvements, the Transportation
Department shall modify these improvement requirements
so the improvements fit within the existing right of
way. In the event VDOT does not approve or accept
these improvements, the owner shall be relieved of its
obligation to perform these improvements. This
improvement shall be completed in conjunction with
Proffered Condition 18.a.
c. Construction of additional pavement
along the eastbound lanes of Hull Street Road (Route
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360) at the approved access to provide a separate
right turn lane. This improvement shall be completed
in conjunction with the applicable Route 360 vehicular
access. No off-site right-of-way acquisition shall be
required for the installation of this turn lane.
d. The median break in Route 360 along the
Property’s frontage shall be modified to prohibit the
left-out movement, provided that the access to Route
360 aligns with this median break. This improvement
shall be completed in conjunction with the Route 360
vehicular access at this median break. (If vehicular
access does not align with the Route 360 median break,
as determined by the Transportation Department, then
this road improvement would not be required.)
e. Construction of a VDOT standard
sidewalk along Route 360 for the entire property
frontage within the right of way. This sidewalk may
be installed against the back of curb. This
improvement shall be completed prior to the
recordation of more than 150 residential lots on the
Property.
f. Excluding Proffered Condition 18.b. and
any sidewalks the owner elects not to put in right of
way, dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way (or
easements) required for the improvement identified
above located on the Property. In the event the Owner
is unable to acquire the “off-site” right-of-way that
is necessary for the road improvements described in
this Proffered Condition, the Owner may request, in
writing, that the County acquire such right-of-way as
a public road improvement. All costs associated with
the acquisition of the right-of-way shall be approved
and borne by the Owner. In the event the County
chooses not to assist the Owner in acquisition of the
“off-site” right-of-way, the Owner shall be relieved
of the obligation to acquire the “off-site” right-of-
way and shall provide the road improvements within
available right-of-way as determined by the
Transportation Department and the road improvements
provided within available right of way shall be deemed
to satisfy the applicable requirement in this
Proffered Condition. In the event there is not enough
right-of-way for the required improvement, the Owner
shall be relieved of its associated obligation under
this Section to provide the improvement for which
there is not enough right-of-way. (T)
19. Road Width. The internal roads shall have a
minimum width of thirty-two feet (32’) from face-of-
curb to face-of-curb. (T & P)
APPLICABLE TO TOWNHOMES AND TOWNHOME DWELLING USE
20. Architecture.
a. Development of townhome dwellings shall
be in general conformance with the illustrative
elevations in Exhibit B or another architectural
appearance approved by the Planning Director at the
6/26/2024 Page 60 of 111
time of plans review. Any three-story townhome
buildings shall be developed in accordance with a
complimentary architectural style as approved by the
Planning Director at the time of plans review.
Subsequent to plans approval, the owner may also
request approval of another architectural appearance
by the Planning Director. If the Planning Director
does not approve, then the owner may submit the
elevations to the Planning Commission for approval.
The illustrative elevations are conceptual in nature
and may vary at the time of plans review. For example,
the location of materials, types of material, use of
stoops, use of covered porches, and other
architectural detailing may change from building to
building.
b. No more than 25% of the units zoned to
be permitted may be 16’. If a townhome building
contains all 16’ wide units, then a townhome
building(s) with an adjacent side elevation shall not
be a townhome building with all 16’ wide units. One
or more 16’ wide units maybe mixed with other unit
width types in a townhome building as a means of
achieving the variation required in Proffered
Condition 21 below. (P)
21. Variation in Unit Front Elevations. Townhouse
units within the same building with the same front
elevation may not be attached to each other. Variation
in the front elevation may not be achieved by simply
mirroring the façade, but may be accomplished by
providing at least three (3) of the following
architectural changes:
a. Adding masonry elements above the
masonry required in proffer 28 below.
b. Changing the location of roof type,
roof line, front facing gable(s) and/or dormers.
c. Changing the style of roof type, roof
line, front facing gable(s) and/or dormers.
d. Providing varied siding application
using horizontal siding, shake siding or board and
batten siding.
e. Providing varied color application.
f. Adding or removing a porch.
g. Adding or removing a covered stoop.
h. Adding projections such as bay/box
windows, second floor balconies, or accent roofs.
i. Changing the unit width.
j. Any other element of architectural
variation as approved by the Director of Planning.
In addition, this variation obligation may be
achieved on a building by building basis only if
approved by the Director of Planning at the time of
plans review and approval. If the Planning Director
does not approve, then the owner may submit the
proposed building by building variation to the
Planning Commission for approval and satisfaction of
this variation obligation.
Differences in building or unit elevations
shall not be determined based on muttons, mullions,
trim and other architectural details. (P)
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22. High Visibility Side Elevations. The
Conceptual Plan identifies certain townhome building
side elevations that are required to have a high
visibility side elevation. A high visibility side
elevation shall employ design features to embellish
the side facade. The design features employed shall
include at least two of the following design elements:
two different siding styles, gables, dormers,
shutters, other architectural features used on the
front elevation or the use of enhanced landscaping to
reinforce the streetscape and minimize the view of the
side of the units with shade trees, fences, hedges,
shrubs, or other acceptable landscape feature to help
define the side yard and street edge. (P)
23. Minimum Size. Townhome dwellings shall have a
minimum finished floor area of 1,200 square feet. (P)
24. Townhouse Height Limitation. The height of
buildings constructed adjacent to the lots in the
Falling Creek Subdivision shall be limited to two (2)
stories. (P)
25. Lead Walks. A lead walk a minimum of a three
(3) feet in width, and constructed with hardscaped
materials (i.e. brushed concrete, stamped concrete, or
pavers), shall be provided to the front entrance of
each townhome dwelling unit. (P)
26. Pedestrian Lighting in the Townhome Area. For
all dwelling units with front load garages, a post
light will be placed in the front yard with an
additional carriage light near the garage. (P)
27. Exterior Facades and Roofs.
a. Roof materials shall be 30 year
(minimum) architectural/dimensional asphalt
composition shingle or standing seam metal. Material
used on flat roofs shall have a minimum 30 year
warranty.
b. Acceptable siding materials include
brick, stone, masonry, fiber cement siding (such as
HardiePlank, HardieShingle, and HardieTrim),
engineered wood siding (such as LP SmartSide), or
high-grade vinyl (a minimum of .044” nominal thickness
as evidenced by manufacturer’s printed literature).
Dutch lap, plywood, and metal siding are not
permitted. Other materials may be used for parapets,
cornices, surrounds, trim, architectural decorations,
and design elements. (P)
28. Driveways. All private driveways shall be
“hardscaped” (brushed concrete, stamped concrete,
asphalt or pavers). Double-wide driveways may serve
single-loaded garages. If a driveway connects to a
sidewalk located outside of the public right of way,
then the length of the driveway shall be a minimum of
eighteen feet (18’) as measured from the back of such
sidewalk and the face of a front-loaded garage door.
(P)
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29. Foundation Treatment. All exposed portions of
the foundation shall be faced with brick, brick
veneer, stone, stone veneer or cast stone measured to
a minimum of twelve (12”) inches above grade. Any
exposed piers supporting front porches shall be
wrapped with brick, brick veneer, stone, stone veneer
or cast stone. (P)
30. Foundation Plantings. Foundation planting beds
shall be required along the entire façade of townhome
buildings which face a road, excluding stoops,
walkways, and garages, and shall contain a minimum of
fifty (50) percent evergreen material and have one
shrub per four linear feet of building frontage within
a minimum planting bed depth of four feet (4’), unless
modified at the time of plans review. (P)
31. Heating, Ventilation and Air Conditioning
(HVAC) Units and Generators. HVAC units and
generators installed as fixtures shall be screened
initially from view of roads by landscaping or low
maintenance material, as approved by the Planning
Department. (P)
32. Direct Vent Fireplace. Direct vent gas
fireplace boxes, which protrude beyond the exterior
face of the townhome dwelling unit, are not permitted
on front façades. All the exterior materials and
finishes used to enclose the fireplace box must match
the adjacent façade. (P)
33. Garage Door. Any front-loaded garage door
shall use an upgraded garage door. An upgraded garage
door is any door that meets one of the following two
(2) requirements:
a. A minimum of three (3) enhanced
features are provided on the garage door. Enhanced
features shall include windows, raised panels,
decorative panels, arches, ornamental hardware or
other architectural features on the exterior that
enhance the entry (i.e. decorative lintels, shed roof
overhangs arches, columns, keystones, eyebrows, etc.)
Flat panel garage doors shall be prohibited.
b. The garage door provides an enhanced
architectural style that relates to the architecture
of the dwelling the garage serves. Enhanced
architectural style shall mean the use of color,
panels and/or windows to reflect an architectural
style such as contemporary, modern, modern farmhouse,
mediterranean, colonial, and tudor. The architectural
style may be evidenced by manufacturer printed
material. (P)
And, further, the Board imposed the following
condition:
1. No more than 180 certificates of occupancies may
be issued on the Property until approval is obtained
from the easement holder (Dominion Energy) to allow
the dog park feature within the easement. (P)
6/26/2024 Page 63 of 111
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
18. Public Hearings
A. To Consider an Amendment to a Lease of County Property
at the Chesterfield County Airport
Mr. Dean Sasek provided details of the request for the
Board to consider an amendment to a lease of county
property at the Chesterfield County Airport with
L3Harris.
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 Dr. Miller, the
Board approved an amendment to a lease of county
property at the Chesterfield County Airport with
L3Harris.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
B. To Consider Code Amendment to Chapter 8 Stormwater
Management and Water Quality
Mr. Scott Smedley provided details of the request for
the Board to hold a public hearing to consider a code
amendment to Chapter 8 Stormwater Management and Water
Quality.
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 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 CHAPTER 8, ARTICLES III AND IV, REPEALING
ARTICLES I AND II, AND ENACTING ARTICLE V RELATING
TO STORMWATER MANAGEMENT AND WATER QUALITY
BE IT ORDAINED by the Board of Supervisors of
Chesterfield County:
(1) That Chapter 8 of the Code of the County of
Chesterfield, 1997, as amended, is amended and re-
enacted to read as follows and Articles I and II are
repealed:
Chapter 8 STORMWATER MANAGEMENT AND WATER QUALITY
6/26/2024 Page 64 of 111
ARTICLE I. - STORMWATER MANAGEMENT Section 8-1. through 8-16. Reserved.
OOO
ARTICLE II. - EROSION AND SEDIMENT CONTROL Section 8-17. through 8-34. Reserved.
OOO
ARTICLE III. - DISCHARGES TO THE STORMWATER SEWER
SYSTEM
Sec. 8-35. Definitions.
In addition to the definitions set forth in
section 8-46, when used in this article, the following
terms shall have the following meanings:
Discharge: To dispose, deposit, spill, pour,
inject, dump, leak or place by any means; and any
substance which is disposed, deposited, spilled,
poured, injected, dumped, leaked or placed by any
means.
Illicit discharge: Any discharge to the storm sewer
system that is not composed entirely of stormwater,
except:
(i) Discharges pursuant to a VPDES or state permit
(other than the state permit for discharges
from the municipal separate storm sewer),
(ii) Discharges resulting from firefighting
activities and
(iii) Discharges listed in section 8-36(b) unless
such discharges are identified by the state or
county as sources of pollutants of waters of
the United States pursuant to section 8-36(c).
Industrial waste: Wastes resulting from any
process of industry, manufacture, trade or business,
or from the development of any natural resource.
Municipal separate storm sewer or MS4: means a
conveyance or system of conveyances otherwise known as
a municipal separate storm sewer system, including
roads with drainage systems, municipal streets, catch
basins, curbs, gutters, ditches, manmade channels, or
storm drains:
1. Owned or operated by a federal, state, city,
town, county, district, association, or other
public body, created by or pursuant to state
law, having jurisdiction or delegated authority
for erosion and sediment control and stormwater
management, or a designated and approved
management agency under § 208 of the Clean
Water Act that discharges to surface waters;
2. Designed or used for collecting or conveying
stormwater
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3. That is not a combined sewer; and
4. That is not part of a publicly owned treatment
works.
National pollutant discharge elimination system
(NPDES) permit: The permit issued by the federal
government for imposing and enforcing pretreatment
requirements pursuant to the Clean Water Act.
Other waste: Wastes that can adversely affect
waters of the United States when discharged into those
waters, including, but not limited to, garbage,
refuse, lime, fertilizer, ashes, offal, tar, paint,
solvents, petroleum products, antifreeze and
chemicals.
Sanitary sewer line: An underground conduit that
collects and delivers sanitary wastewater to a
wastewater treatment plant.
Storm sewer system: The conveyance or system of
conveyances located within the county which are
designed or used for collecting, storing or conveying
stormwater or through which stormwater is collected,
stored or conveyed, including but not limited to
roads, municipal streets, catch basins, drop inlets,
curbs, gutters, ditches, pipes, lakes, ponds, man-made
channels, storm drains, outfalls, retention, detention
and infiltration basins and other facilities.
Surface waters: All waters that run across the
surface of land, including but not limited to natural
or man-made ponds, lakes, impoundments, rivers,
streams (including intermittent and ephemeral
streams), natural or man-made water courses and tidal
and non-tidal wetlands, except that waste treatment
systems, treatment ponds and lagoons designed to meet
the requirements of the Federal Clean Water Act shall
not be surface waters.
Virginia pollutant discharge elimination system
(VPDES) permit: Permit issued by the state water
control board pursuant to the state water control law
authorizing, under prescribed conditions, the
potential or actual discharge of pollutants from a
point source to surface waters.
Waters of the United States: All waters, whether
on the surface or under the ground, the use,
degradation, or destruction of which would affect or
could affect interstate or foreign commerce, including
but not limited to intrastate lakes, rivers, streams
(including intermittent and ephemeral streams),
mudflats, sandflats, wetlands, sloughs, prairie pot-
holes, wet meadows, playa lakes and natural ponds,
except that waste treatment systems, treatment ponds
and lagoons designed to meet the requirements of the
Clean Water Act shall not be waters of the United
States.
Wetlands: Land that is inundated or saturated by
surface or groundwater at a frequency and duration
sufficient to support, and that under normal
circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil
6/26/2024 Page 66 of 111
conditions, generally including but not limited to
swamps, marshes, bogs and similar areas.
Sec. 8-36. Discharges separately or co-mingled with
municipal stormwater system to the storm sewer
system.
(a) It shall be unlawful to:
(1) Cause or allow illicit discharges to the storm
sewer system;
(2) Cause or allow the discharge of industrial
waste or other waste to or through the storm
sewer system without a VPDES or NPDES permit;
(3) Cause or allow discharges from construction
activities that are regulated under the state
stormwater management program without the
authorization of a separate state permit;
(4) Violate any condition or provision of this
article; and
(5) Connect, or cause or allow to be connected to
the storm sewer system, without a VPDES, NPDES
or state permit, any structure that conveys any
liquid other than stormwater or discharges
listed in subsection (b), including but not
limited to pipes, drains, sanitary sewer lines,
washing machine drains or floor drains.
(b) Subject to the provisions of subsection (c), the
following activities shall not be unlawful illicit
discharges:
(1) Water line flushing, managed in a manner to
avoid instream impact;
(2) Landscape irrigation;
(3) Diverted stream flows or rising groundwaters;
(4) Infiltration of uncontaminated groundwater (as
defined in 40 CFR 35.2005(20));
(5) Pumping of uncontaminated groundwater;
(6) Discharges from potable water sources, managed
in a manner to avoid instream impact;
(7) Foundation drains, irrigation water,
springs, water from crawl spaces or footing
drains;
(8) Air conditioning condensation;
(9) Lawn watering;
(10) Individual residential car washing;
(11) Flows from riparian habitats and wetlands;
(12) Dechlorinated freshwater swimming pool
discharges, managed in a manner to avoid
instream impact;
(13) Street and pavement wash waters that do not
contain cleaning additives or otherwise managed
in a manner to avoid instream impact;
(14) Routine external building wash down provided
no soaps, solvents, or detergents are used,
external building surfaces do not contain
6/26/2024 Page 67 of 111
hazardous substances, and wash water is
filtered, settled, or similarly treated prior
to discharge;
(15) Discharges or flows from emergency
firefighting activities;
(16) Discharges or flows of water for fire
prevention or firefighting training activities
managed in a manner to avoid instream impact in
accordance with § 9.1-207.1 of the Code of
Virginia;
(17) Discharges from noncommercial fundraising
car washes if the washing uses only
biodegradable, phosphate-free, water-based
cleaners in accordance with § 15.2-2114.1 of
the Code of Virginia; and
(18) Other activities generating discharges
identified by the Commonwealth of Virginia
department of environmental quality as not
requiring VPDES authorization.
(c) If any activity listed in subsection (b) is found
by the environmental engineer to be a source of
pollutants to waters of the United States, the
environmental engineer shall serve a written
notice on the party responsible for the activity
which orders that the activity be ceased or
conducted in a manner that will avoid the
discharge of pollutants to the storm sewer system
or waters of the county. The notice shall state
the date by which the activity shall cease or be
conducted without pollution. Failure to comply
with any such order within the time stated in the
notice shall constitute a violation of subsection
(a)(3).
(d) Materials from a spill are not authorized unless
the discharge of material resulting from a spill
is necessary to prevent loss of life, personal
injury, or severe property damage. The responsible
party must take all reasonable steps to minimize
or prevent any adverse effect on human health or
the environment.
Sec. 8-37. Inspecting and monitoring stormwater
discharge.
The environmental engineer shall have the
authority to inspect and monitor discharges and
sources of potential discharge to the storm sewer
system to ensure compliance with this article,
including the authority to enter upon private property
at reasonable times and under reasonable circumstances
consistent with the requirements of the Fourth
Amendment of the United States Constitution to inspect
or monitor such discharges or sources of potential
discharge. The environmental engineer shall also have
the authority to initiate enforcement actions in
accordance with section 8-38.
Sec. 8-38. Penalties for violations of article.
(a) Any person who knowingly violates any provision of
this article shall be guilty of a class 1
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misdemeanor. Each day that such violation is
committed, and each day that such violation is
permitted to remain uncorrected shall constitute a
separate offense.
(b) Any person who otherwise violates any provision of
this article shall be subject to a civil penalty
between $250.00 and $1,000.00 for each day that
the violation continues. The court assessing such
civil penalty may order the penalty to be paid
into the treasury of the county and designated for
the purpose of minimizing, preventing, managing or
mitigating pollution of the waters of the county.
(c) Any person who violates any provision of this
article shall be responsible for testing,
containing, cleaning up, abating, removing and
disposing of any substance unlawfully discharged
into the storm sewer system or into waters of the
county, or, if the environmental engineer
determines that correction of the violation can
best be accomplished by the county, shall be
liable to the county for all costs of testing,
containment, cleanup, abatement, removal and
disposal of any substance unlawfully discharged
into the storm sewer system or into waters of the
county.
ARTICLE IV. - STORMWATER UTILITY
Sec. 8-39. - Definitions.
In addition to the definitions set forth
in section 8-46, when used in this article, the
following terms shall have the following meanings:
Base rate: The utility fee charged on an
equivalent residential unit, which shall be twenty-
five dollars ($25.00), effective July 1, 2016.
Developed nonresidential property: Developed
property which does not serve a primary purpose of
providing permanent dwelling units. Such property
shall include, but not be limited to, commercial
properties, industrial properties, parking lots,
churches, recreational and cultural facilities,
hotels, offices, hospitals, schools, and
universities.
Developed property: Real property which has been
altered from its "natural" state by the addition of
any improvements such as buildings, structures, and
other impervious surfaces totaling greater than two
hundred fifty (250) square feet of impervious area.
Improvements include, without limitation, buildings
patios, driveways, walkways, parking areas, and
compacted gravel areas. For new construction,
property shall be considered developed pursuant to
this article upon issuance of an occupancy permit.
Developed residential property: Developed
property which serves the primary purpose of
providing a permanent dwelling unit or units, and
which may or may not have accessory uses related to
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the purpose of providing permanent dwelling
facilities. Property zoned to the A-1, agricultural
zoning classification on which a dwelling unit is
located shall be considered developed residential
property for the purposes of this article.
Director: The director of environmental
engineering or any person designated by the director
to act on the director's behalf.
Dwelling unit: Any 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 one (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.
Equivalent residential unit or ERU: The
equivalent impervious area of a typical single-family
residential developed property based on the
statistical average horizontal impervious area of a
single-family detached dwelling unit in the county.
An ERU equals two thousand eight hundred (2,800)
square feet of impervious surface area.
Impervious area: A surface which is compacted or
covered with material that impedes or prevents
natural infiltration of water into soil, including,
without limitation, most conventionally surfaced
streets, roofs, sidewalks, parking lots, and other
similar structures.
Revenues: All fees, assessments, or other income
received by the utility including but not limited to
amounts received from investment or deposit of moneys
in any fund or account and any amounts contributed by
the county, grants, fees-in-lieu of or proffer funds
provided by developers or individual residents.
Stormwater management system or system: The
stormwater management infrastructure and equipment of
the county and all improvements thereto for
stormwater control in the county. Infrastructure and
equipment shall include structural and natural
stormwater control system of all types, including
without limitation, retention basins, sewers,
conduits, pipelines, pumping and ventilation
stations, and other plants, structures, and real and
personal property used for support of the system. The
system does not include privately owned farm ditches
and other private drainage systems.
Stormwater management utility or utility: The
special revenue fund created by this chapter to
operate, maintain, and improve the county's
stormwater management system.
Treasurer: The Chesterfield County treasurer or
any person designated by the treasurer to act on the
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treasurer's behalf.
Undeveloped property: Any property that has less
than or equal to two hundred fifty (250) square feet
of impervious area.
Utility fee or fee: The service charges
determined in accordance with section 8-41 and
applied to property owners, including condominium
unit owners, of developed property used to fund the
stormwater management utility.
Sec. 8-40. - Establishment of stormwater management
utility.
(a) Pursuant to the provisions of the Code of
Virginia, § 15.2-2114, a stormwater utility
fee is hereby imposed on all developed
properties in the county. All revenue
collected pursuant to this article shall be
deposited into a stormwater utility. The
fee shall be paid by the owner of developed
property in the county.
(b) The stormwater utility shall be dedicated
special revenue used only to pay for or
recover costs for the following stormwater
services:
(1) The acquisition, as permitted by the
Code of Virginia, § 15.2-1800, of real
and personal property, and interests
therein, necessary to construct,
operate, and maintain stormwater
control facilities;
(2) The cost of administration of such
programs;
(3) Planning, design, engineering,
construction, and debt retirement for
new facilities and enlargement or
improvement of existing facilities,
including the enlargement or
improvement of dams, levees,
floodwalls, and pump stations, whether
publicly or privately owned that serve
to control stormwater;
(4) Facility operation and maintenance,
including maintenance of dams, levees,
floodwalls, and pump stations, whether
publicly or privately owned, that
serve to control stormwater;
(5) Monitoring of stormwater control
devices and ambient water quality
monitoring; and
(6) Other activities consistent with the
state or federal regulations or
permits governing stormwater
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management, including, but not limited
to, public education, watershed
planning, inspection and enforcement
activities, and pollution prevention
planning and implementation.
(c) The impervious surface of a property shall
be determined by the director by using one
(1) or more of the following: aerial
photography; as-built drawings; final
approved site plans; building permits;
field surveys; or other appropriate
engineering and mapping analysis tools.
Sec. 8-41. - Imposition of stormwater utility fee and
fee calculations.
(a) For purposes of determining the utility
fee, all properties in the county are
classified into one (1) of the following
classes:
(1) Developed residential property.
(2) Condominiums and townhouses.
(3) Developed nonresidential property.
(4) Undeveloped property.
(b) Developed residential property will be
charged the base rate per dwelling unit.
Condominiums and townhouses will be charged
a flat rate of thirty (30) percent of the
base rate per dwelling unit. Developed
nonresidential property will be charged in
accordance with subsection (c).
(c) The annual stormwater utility fee for all
developed nonresidential property in the
county shall be calculated in the following
manner:
(1) Determine the impervious area of each
property of real property in square
feet;
(2) Divide the property's impervious area
by the equivalent residential unit.
(3) Round the resulting calculation to the
nearest whole number to determine the
number of equivalent residential
units.
(4) Multiply the number of equivalent
residential units determined in
subsection (c)(3) by the base rate to
obtain the annual stormwater utility
fee for the property.
(d) When new property or impervious areas are
brought into the utility system, such as
from new construction, fees will accrue or
increase commencing from the date of
issuance of a certificate of occupancy. The
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director will forward the data concerning
the fee to the treasurer so that the charge
will be issued with the next real estate
tax bill.
(e) In the event of additions to developed
nonresidential property which change the
amount of impervious surface area, the
director will modify the fees upon issuance
of a certificate of occupancy. The director
will forward this data to the treasurer so
that the next real estate tax bill will
reflect the modification of the fee.
(f) In the event of alterations to developed
nonresidential property which change the
amount of impervious surface area (e.g.
increased parking area) the director will
modify the fees upon closure of the land
disturbance permit. The director will
forward this data to the treasurer so that
the next real estate tax bill will reflect
the modification of the fee.
Sec. 8-42. - Billing, payment, and penalties.
(a) The stormwater utility fee shall be billed
to the record owner of each property
subject to the fee in the same manner as
prescribed by the county for the real
estate tax. Such bills shall be included on
and payable with the property's real estate
tax bill. For properties that do not
receive a real estate tax bill, a separate
bill for stormwater services shall be
issued. Any fee not paid in full by the
applicable due date of the real estate tax
bill, unless a petition for adjustment has
been made in accordance with section 8-43,
in which case the due date is thirty (30)
calendar days after the date of a final
determination of a petition for adjustment,
shall be considered delinquent.
(b) Payments received shall be applied first to
the stormwater utility fee and then to the
real estate tax and other fees.
(c) Delinquent stormwater utility fees, in
accordance with the Code of Virginia, §
15.2-105, shall be subject to a penalty of
an amount equal to ten (10) percent of the
amount then due, which penalty shall be
added to the amount due from such person.
Interest at the rate of ten (10) percent on
the balance of the account shall be imposed
and collected on all such delinquent fees
from the first day of the month following
the due date listed on the bill. No penalty
shall be imposed for failure to pay if such
failure was not in any way the fault of the
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debtor.
(d) A delinquent stormwater utility fee, along
with cumulative penalties and interest,
shall constitute a lien on the property
ranking on parity with liens for unpaid
taxes and shall be collected in the same
manner as provided for the collection of
unpaid taxes.
Sec. 8-43. - Petitions for adjustments.
(a) Any owner of a property subject to the
stormwater utility fee may request an
adjustment to the fee by submitting a
request in writing to the director within
thirty (30) calendar days after the date
the bill is mailed or otherwise issued to
the owner. Grounds for adjustment of the
fee are limited to the following:
1) An error was made regarding the square
footage of the impervious area
attributed a property;
2) The property is exempt under the
provisions of section 8-44(c);
3) There is a mathematical error in
calculating the stormwater utility fee;
4) The identification of the property
owner billed is in error; or
5) An approved credit was incorrectly
applied.
(b) The property owner shall complete a
stormwater utility fee adjustment
application form in a format approved by
the director.
(c) If the application alleges an error in the
amount of the impervious area, the property
owner shall also provide a plot, plan, or
map showing all impervious areas within the
property's boundaries, including buildings,
patios, driveways, walkways, parking areas,
compacted gravel areas, and any other
separate impervious structures. The
applicant shall label dimensions of
impervious areas and identify the areas
believed to be incorrect.
(d) The director shall make a determination
within thirty (30) calendar days of receipt
of a complete submittal for the request for
adjustment. In the event that the director
finds that the appeal is deficient or
incomplete, the director shall offer the
property owner thirty (30) days to supply
the missing information. The thirty (30)
day timeframe for a decision will begin at
such time as the requested information is
provided. If the information requested is
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not provided to the director within thirty
(30) days of the original request, the
petition will be deemed withdrawn.
Sec. 8-44. - Stormwater utility fee credits,
exemptions.
(a) The director shall administer a system of
credits in accordance with the Code of
Virginia, § 15.2-2114(D).
(b) The director will develop written policies
to implement the credit system, which shall
include a requirement for property owners
to provide long-term maintenance in
accordance with section 8-60, "Long-term
maintenance of permanent stormwater
facilities."
(c) The following properties shall be exempt
from the stormwater utility fee:
(1) A federal, state, or local government,
or public entity, that holds a permit
to discharge stormwater from a
municipal separate storm sewer system
(MS4).
(2) Undeveloped properties.
ARTICLE V. - EROSION AND STORMWATER MANAGEMENT
Sec. 8-45. Purpose and authority.
(a) The purpose of this chapter is to ensure the
general health, safety, and welfare of the
citizens of the county and protect the quality and
quantity of state waters from the potential harm
of unmanaged stormwater and soil erosion,
including protection from land disturbing activity
causing unreasonable degradation of properties,
water quality, stream channels, and other natural
resources, and to establish procedures whereby
stormwater requirements related to water quality
and quantity shall be administered and enforced.
(b) This chapter is intended to facilitate integration
of the county's erosion and stormwater management
requirements with the county's regulations
relating illicit discharges to the stormwater
sewer system (article III), and the Chesapeake Bay
Preservation Act requirements of the County’s
zoning ordinance.
(c) This article is adopted pursuant to Code of
Virginia, § 62.1-44.15:27.
Sec. 8-46. Definitions.
In addition to the definitions set forth in the
state stormwater management regulations, as amended,
which are expressly adopted and incorporated herein by
reference, the following words and terms used in this
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chapter have the following meanings unless otherwise
specified herein. Where definitions differ, those
incorporated herein shall have precedence.
Adequate channel means a channel that will convey
the designated frequency storm event without
overtopping the channel bank nor causing erosive
damage to the channel bed or banks.
Administrator means the VESMP authority, including
the environmental engineer who is the county staff
person responsible for administering the VESMP on
behalf of the locality.
Agreement in lieu of a plan means a contract
between the VESMP authority and the owner or permittee
that specifies methods that shall be implemented to
comply with the requirements of a VESMP for the
construction of (i) a single-family residence; (ii)
farm building or structure on a parcel of land with a
total impervious cover percentage, including the
impervious cover from the farm building or structure
to be constructed, of less than five percent; such
contract may be executed by the VESMP authority in
lieu of a stormwater management plan.
Applicant means any person submitting a erosion
control and stormwater management plan and application
for a permit or requesting issuance of a permit under
this chapter.
Best management practice or BMP means schedules of
activities, prohibitions of practices, including both
structural and nonstructural practices, maintenance
procedures, and other management practices to prevent
or reduce the pollution of surface waters and
groundwater systems from the impacts of land-
disturbing activities.
Certificate of occupancy: A certificate of use and
occupancy issued under the Uniform Statewide Building
Code, but not including a temporary certificate of use
and occupancy.
Channel means a natural stream or manmade waterway.
Chesapeake Bay Preservation Act means Article 2.5
(§ 62.1-44.15:67 et seq.) of Chapter 3.1 of Title
62.1 of the Code of Virginia.
Chesapeake Bay Preservation Act land-disturbing
activity means a land-disturbing activity including
clearing, grading, or excavation that results in a
land disturbance equal or greater than 2,500 square
feet and less than one-acre in all areas of
jurisdictions designated as subject to the regulations
adopted pursuant to the Chesapeake Bay Preservation
Act, Code of Virginia, § 62.1-44.15:67, et seq.
Chesapeake Bay Preservation Area means any land
designated by a local government pursuant to Part III
(9VAC25-830-70 et seq.) of the Chesapeake Bay
Preservation Area Designation and Management
Regulations and § 62.1-44.15:74 of the Code of
Virginia. A Chesapeake Bay Preservation Area shall
consist of a Resource Protection Area and a Resource
Management Area as defined in the Chesapeake Bay
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Preservation Area Designation and Management
Regulations (9VAC25-830).
Clean Water Act or CWA means the federal Clean
Water Act (33 U.S.C. §1251 et seq.), formerly referred
to as the Federal Water Pollution Control Act or
Federal Water Pollution Control Act Amendments of
1972, Public Law 92-500, as amended by Public Law 95-
217, Public Law 95-576, Public Law 96-483, and Public
Law 97-117, or any subsequent revisions thereto.
Common plan of development or sale means a
contiguous area where separate and distinct
construction activities may be taking place at
different times on different schedules, e.g., a
subdivision development.
Commonwealth means the Commonwealth of Virginia.
Construction activity means any clearing, grading,
or excavation associated with large construction
activity or associated with small construction
activity.
Construction record drawing means an "as built"
drawing prepared by a licensed engineer or surveyor
that depicts the actual physical condition of the
constructed facility.
Control measure means any best management practice
or stormwater facility, or other method used to
minimize the discharge of pollutants to state waters.
County means the county of Chesterfield, Virginia.
Department or DEQ means the commonwealth of
Virginia’s department of environmental quality.
Designated agent: The person designated by the
applicant for a land-disturbance permit to act on
behalf of the applicant and to accept service of legal
process for the applicant.
Development means land disturbance and the
resulting landform associated with the construction of
residential, commercial, industrial, institutional,
recreation, transportation or utility facilities or
structures or the clearing of land for non-
agricultural or non-silvicultural purposes. The
regulation of discharges from development, for
purposes of stormwater management, does not include
the exclusions found in 9VAC25-875-860.
Dike means an earthen embankment constructed to
confine or control water, especially one built along
the banks of a river to prevent overflow of lowlands;
levee.
Discharge when used without qualification, means
the discharge of a pollutant.
Drainage area means a land area, water area, or
both from which runoff flows to a common point.
Environmental engineer means the director of the
county's department of environmental engineering,
including his designees. The environmental engineer is
the administrator responsible for administering the
VESMP on behalf of the county.
Environmental engineering reference manual means
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the official compilation of policies and standards
relating to land development promulgated by the
environmental engineer pursuant to his authority under
the county Code and applicable federal and state law.
Erosion and sediment control plan means a document
containing material for the conservation of soil and
water resources of a unit or group of units of land.
It may include appropriate maps, an appropriate soil
and water plan inventory and management information
with needed interpretations, and a record of decisions
contributing to conservation treatment. The plan shall
contain all major conservation decisions to ensure
that the entire unit or units of land will be so
treated to achieve the conservation objectives.
ESM plan means an erosion control and stormwater
management plan, commonly referred to as the erosion
control and stormwater management plan.
Farm building or structure means the same as that
term is defined in § 36-97 of the Code of Virginia and
also includes any building or structure used for
agritourism activity, as defined in § 3.2-6400 of the
Code of Virginia, and any related impervious services
including roads, driveways, and parking areas.
Floodplain means the area adjacent to a channel,
river, stream, or other water body that is susceptible
to being inundated by water normally associated with
the 100-year flood or storm event. This includes the
floodplain designated by the Federal Emergency
Management Agency.
General permit means a permit authorizing a
category of discharges under the CWA and the VESMA
within a geographical area.
Inspection means an on-site review of the
project's compliance with any applicable design
criteria, or an on-site review to obtain information
or conduct surveys or investigations necessary in the
implementation or enforcement of the VESMA and
applicable regulations.
Land disturbance or land-disturbing activity means
a man-made change to the land surface that potentially
changes its runoff characteristics including clearing,
grading, or excavation except that the term shall not
include those exemptions specified in section 8-47(c).
Land disturbance permit or permit means an
approval to conduct a land-disturbing activity issued
by the environmental engineer for the initiation of a
land-disturbing activity, in accordance with this
chapter, and which may only be issued after evidence
of general permit coverage has been provided by DEQ.
Layout means a conceptual drawing sufficient to
provide for the specified stormwater management
facilities required for stormwater management
compliance.
Linear development project means a land-disturbing
activity that is linear in nature such as, but not
limited to, (i) the construction of electric and
telephone utility lines, and natural gas pipelines;
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(ii) construction of tracks, rights-of-way, bridges,
communication facilities and other related structures
of a railroad company; (iii) highway construction
projects; (iv) construction of stormwater channels and
stream restoration activities; and (v) water and sewer
lines. Private subdivision roads or streets shall not
be considered linear development projects.
Minor modification means an amendment to an
existing general permit before its expiration not
requiring extensive review and evaluation including,
but not limited to, changes in EPA promulgated test
protocols, increasing monitoring frequency
requirements, changes in sampling locations, and
changes to compliance dates within the overall
compliance schedules. A minor general permit
modification or amendment does not substantially alter
general permit conditions, substantially increase or
decrease the amount of surface water impacts, increase
the size of the operation, or reduce the capacity of
the facility to protect human health or the
environment.
Operator means the owner or other operator of any
facility or activity subject to regulation under this
chapter.
Peak flow rate means the maximum instantaneous
flow from a prescribed design storm at a particular
location.
Permittee means the person to whom the permit is
issued.
Person means any individual, corporation,
partnership, association, state, municipality,
commission, or political subdivision of a state,
governmental body, including federal, state, or local
entity as applicable, any interstate body or any other
legal entity.
Post-development refers to conditions that
reasonably may be expected or anticipated to exist
after completion of the land development activity on a
specific site or tract of land. "Predevelopment"
refers to the conditions that exist at the time that
plans for the land disturbing activity are submitted
to the VESMP authority. Where phased development or
plan approval occurs (preliminary grading, demolition
of existing structures, roads and utilities, etc.),
the existing conditions at the time prior to the
commencement of land-disturbing activity shall
establish predevelopment conditions.
Responsible land disturber means an individual
holding a certificate issued by DEQ who is responsible
for carrying out the land-disturbing activity in
accordance with the approved erosion and sediment
control plan or ESM plan. The RLD may be the owner,
applicant, permittee, designer, superintendent,
project manager, contractor, or any other project or
development team member. The RLD must be designated on
the erosion and sediment control plan, ESM plan, or
permit as defined in this ordinance as a prerequisite
for engaging in land disturbance.
Runoff or stormwater runoff means that portion of
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precipitation that is discharged across the land
surface or through conveyances to one or more
waterways.
Runoff characteristics includes maximum velocity,
peak flow rate, volume, and flow duration.
Runoff volume means the volume of water that runs
off the land development project from a prescribed
storm event.
Sediment basin means a temporary impoundment built
to retain sediment and debris with a controlled
stormwater release structure.
Silviculture: Forest management, which is exempt
from the requirements of this chapter, including but
not limited to the harvesting of timber, the
construction of roads and trails for forest management
purposes, and the preparation of property for
reforestation that is conducted in accordance with the
silvicultural best management practices developed and
enforced by the state forester pursuant to Code of
Virginia, § 10.1-1105.
Site means the land or water area where any
facility or land-disturbing activity is physically
located or conducted, including adjacent land used or
preserved in connection with the facility or land-
disturbing activity. Areas channelward of mean low
water in tidal Virginia shall not be considered part
of a site.
Erosion control and stormwater management plan,
commonly referred to as the erosion control and
stormwater management plan, or "ESM plan" means a
document describing methods for controlling soil
erosion and managing stormwater in accordance with the
requirements adopted pursuant to the VESMA. The ESM
plan may consist of aspects of the erosion and
sediment control plan and the stormwater management
plan as each is described in this ordinance.
Stabilized means land that has been treated to
withstand normal exposure to natural forces without
incurring erosion damage.
State means the Commonwealth of Virginia.
State board means the state water control board.
State permit means an approval to conduct a land-
disturbing activity issued by the state board in the
form of a state stormwater individual permit or
coverage issued under a state general permit or an
approval issued by the state board for stormwater
discharges from an MS4. Under these state permits, the
commonwealth imposes and enforces requirements
pursuant to the federal Clean Water Act and
regulations, the state stormwater management act and
the regulations.
State water control law means Code of Virginia,
tit. 62.1, ch. 3.1 (§ 62.1-44.2 et seq.).
State waters means all water, on the surface and
under the ground, wholly or partially within or
bordering the commonwealth or within its jurisdiction,
including wetlands.
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Stormwater means precipitation that is discharged
across the land surface or through conveyances to one
or more waterways and that may include stormwater
runoff, snow melt runoff, and surface runoff and
drainage.
Stormwater management plan means a document(s)
containing material describing methods for complying
with the requirements of VESMP.
Stormwater management facility means a control
measure that controls stormwater runoff and changes
the characteristics of that runoff including the
quantity and quality, the period of release or the
velocity of flow.
Stormwater pollution prevention plan or SWPPP
means a document that is prepared in accordance with
good engineering practices and that identifies
potential sources of pollutants that may reasonably be
expected to affect the quality of stormwater
discharges from the construction site, and otherwise
meets the requirements of this chapter. In addition
the document shall identify and require the
implementation of control measures, and shall include,
but not be limited to the inclusion of, or the
incorporation by reference of, an approved erosion and
sediment control plan, an approved stormwater
management plan, and a pollution prevention plan.
Subdivision means the same as defined in the
County’s subdivision ordinance.
Total maximum daily load or TMDL means the sum of
the individual wasteload allocations for point
sources, load allocations for nonpoint sources,
natural background loading and a margin of safety.
TMDLs can be expressed in terms of either mass per
time, toxicity, or other appropriate measure. The TMDL
process provides for point versus nonpoint source
trade-offs.
Virginia Erosion and Stormwater Management Act or
VESMA means Article 2.3 (§ 62.1-44.15:24 et seq.) of
Chapter 3.1, State Water Control Law, of Title 62.1 of
the Code of Virginia.
Virginia stormwater BMP clearinghouse website
means a website that contains detailed design
standards and specifications for control measures that
may be used in the state to comply with the
requirements of the state stormwater management act,
and associated regulations.
Virginia Erosion and Stormwater Management Program
or "VESMP" means a program established by the VESMP
authority for the effective control of soil erosion
and sediment deposition and the management of the
quality and quantity of runoff resulting from land
disturbing activities to prevent the unreasonable
degradation of properties, stream channels, waters,
and other natural resources. The program shall include
such items as local ordinances, rules, requirements
for permits and land-disturbance approvals, policies
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and guidelines, technical materials, and requirements
for plan review, inspection, and enforcement
consistent with the requirements of the VESMA.
Virginia Erosion and Stormwater Management Program
authority or "VESMP authority" means the environmental
engineer approved by DEQ to operate the VESMP.
Virginia Stormwater Management Handbook means a
collection of pertinent information that provides
general guidance for compliance with the VESMA and
associated regulations and is developed by DEQ with
advice from a stakeholder advisory committee.
Water quality technical criteria means standards
set forth in regulations adopted pursuant to the VESMA
that establish minimum design criteria for measures to
control nonpoint source pollution.
Water quantity technical criteria means standards
set forth in regulations adopted pursuant to the VESMA
that establish minimum design criteria for measures to
control localized flooding and stream channel erosion.
Watershed means a defined land area drained by a
river or stream, karst system, or system of connecting
rivers or streams such that all surface water within
the area flows through a single outlet. In karst
areas, the karst feature to which water drains may be
considered the single outlet for the watershed.
Wetlands means those areas that are inundated or
saturated by surface water or groundwater at a
frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas.
Sec. 8-47. Stormwater permit requirement; exemptions.
(a) Except as provided herein, no person may engage in
any land-disturbing activity until a permit has
been issued by the environmental engineer in
accordance with the provisions of this chapter.
(b) A Chesapeake Bay Preservation Act Land-Disturbing
Activity is not subject to general permit
coverage, however it shall be subject to an
erosion sediment control plan and, if applicable,
a stormwater management plan as outlined under
section 8-50, the technical criteria and
administrative requirements for land-disturbing
activities outlined in section 8-59, and the
requirements for control measures long-term
maintenance outlined under section 8-60.
Additional requirements relating to the Chesapeake
Bay Preservation Act can be found in the County’s
zoning ordinance.
(c) Notwithstanding any other provisions of this
chapter, the following activities are exempt,
unless otherwise required by federal law:
(1) Permitted surface or deep mining operations and
projects, or oil and gas operations and
projects conducted under the provisions of Code
of Virginia, tit. 45.2;
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(2) Clearing of lands specifically for agricultural
purposes and the management, tilling, planting,
or harvesting of agricultural, horticultural,
or forest crops, livestock feedlot operations,
or as additionally set forth by the state board
in regulations, including engineering
operations as follows: construction of
terraces, terrace outlets, check dams,
desilting basins, dikes, ponds, ditches, strip
cropping, lister furrowing, contour
cultivating, contour furrowing, land drainage,
and land irrigation; however, this exception
shall not apply to harvesting of forest crops
unless the area on which harvesting occurs is
reforested artificially or naturally in
accordance with the provisions of Code of
Virginia, tit. 10.1, ch. 11 (§ 10.1-1100 et
seq.) or is converted to bona fide agricultural
or improved pasture use as described in Code of
Virginia, tit. 10.1, ch. 11, art. 9, subsection
B of § 10.1-1163;
(3) Single-family residences separately built and
disturbing less than 2,500 square feet and not
part of a larger common plan of development or
sale, including additions or modifications to
existing single-family detached residential
structures;
(4) Land disturbing activities that disturb less
than 2,500 square feet of land area except for
activities that are part of a larger common
plan of development or sale that is one-acre or
greater of disturbance;
(5) Discharges to a sanitary sewer or a combined
sewer system;
(6) Activities under a state or federal reclamation
program to return an abandoned property to an
agricultural or open land use;
(7) Installation, maintenance, or repair of any
underground utility line when such activity
occurs on an existing hard surfaced road,
street, or sidewalk, provided the
landdisturbing activity is confined to the area
of the road, street, or sidewalk that is hard
surfaced.
(8) Installation, maintenance, or repair of any
septic tank line or drainage field unless
included in an overall plan for land-disturbing
activity relating to construction of the
building to be served by the septic tank
system.
(9) Repair or rebuilding of the tracks, rights-
of-way, bridges, communication facilities, and
other related structures and facilities of a
railroad company.
(10) Routine maintenance that is performed to
maintain the original line and grade, hydraulic
capacity, or original construction of the
project. The paving of an existing road with a
compacted or impervious surface and
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reestablishment of existing associated ditches
and shoulders shall be deemed routine
maintenance if performed in accordance with
this subsection; and
(11) Conducting land-disturbing activities in
response to a public emergency where the
related work requires immediate authorization
to avoid imminent endangerment to human health
or the environment. In such situations, the
environmental engineer shall be advised of the
disturbance within seven days of commencing the
land-disturbing activity and compliance with
the administrative requirements of subsection
(a) is required within 30 days of commencing
the land-disturbing activity.
Sec. 8-48. Erosion and stormwater management program established; submission and approval of plans; prohibitions; owner's responsibility for the state permit.
(a) Pursuant to Code of Virginia, § 62.1-44:15:27, the
county hereby establishes a Virginia Erosion and
Stormwater Management Program for land-disturbing
activities and adopts the applicable regulations
that specify standards and specifications for
VESMPs promulgated by the state board for the
purposes set out in section 8-45. The
environmental engineer is designated as the
administrator of the county's Virginia erosion and
stormwater management program.
(b) No permit shall be issued by the environmental
engineer, until the following items have been
submitted to and approved by him as prescribed
herein:
(1) A permit application that includes a general
permit registration statement if such statement
is required (e.g., a registration statement is
not required for Chesapeake Bay Preservation
Act land disturbing activity). A single-family
detached residential structure within or
outside a common plan of development or sale is
authorized to discharge under this general
permit and is not required to submit a
registration statement;
(2) An ESM that meets the requirements of this
section. Prior to land disturbance, this plan
must be approved by the environmental engineer.
An executed agreement in lieu of a plan may be
used for construction of a single family
residence.
(c) No permit shall be issued until evidence of
general permit coverage is obtained (except when
general permit coverage is not required, e.g.,
Chesapeake Bay Preservation Act land disturbing
activity or a single family detached residential
structure).
(d) No permit shall be issued until the fees required
to be paid pursuant to section 8-64, are received
and a performance bond has been submitted and
approved pursuant to section 8-65.
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(e) No permit shall be issued unless and until the
permit application and attendant materials and
supporting documentation demonstrate that all land
clearing, construction, disturbance, land
development and drainage will be done according to
the approved permit.
(f) No grading, building or other local permit shall
be issued for a property unless a permit has been
issued by the administrator.
(g) The owner shall be responsible for preparing,
submitting and implementing the VSMP permit. The
owner shall also be responsible for the following:
(1) Engaging the services of a responsible land
disturber as defined in this chapter;
(2) Maintaining all measures required by the state
permit;
(3) Removing all sediment from sediment basins that
are to be converted to permanent best
management practice facilities as required by
the stormwater management plan; and
(4) The restoration or repair of properties and/or
waters that have been adversely affected by
improperly managed stormwater from the project
site which is deemed necessary by the
environmental engineer.
(h) An erosion control and stormwater management plan
that is approved for a residential subdivision
and/or commercial or industrial site plan shall
govern the development of the individual parcels
within the plan, including those parcels developed
under subsequent owners.
Sec. 8-49. Stormwater pollution prevention plan;
contents of plan. (9VAC25-875-500)
(a) A stormwater pollution prevention plan shall
include, but not be limited to, an approved erosion
and sediment control plan, an approved stormwater
management plan, a pollution prevention plan for
regulated land-disturbing activities, and a
description of any additional control measures
necessary to address a TMDL pursuant to subsection
D of this section.
(b) An erosion control and stormwater management
(ESM) plan consistent with the requirements of the
Virginia Erosion and Stormwater Management Act
(VESMA) and regulations must be designed and
implemented during construction activities. Prior
to land disturbance, this plan must be approved by
the environmental engineer in accordance with the
VESMA, this ordinance, and attendant regulations.
(c) A pollution prevention plan that identifies
potential sources of pollutants that may reasonably
be expected to affect the quality of stormwater
discharges from the construction site and describe
control measures that will be used to minimize
pollutants in stormwater discharges from the
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construction site must be developed before land
disturbance commences.
(d) In addition to the requirements of subsections
(a) through (c) of this section, if a specific
wasteload allocation for a pollutant has been
established in an approved TMDL and is assigned to
stormwater discharges from a construction activity,
additional control measures must be identified and
implemented by the operator so that discharges are
consistent with the assumptions and requirements of
the wasteload allocation.
(e) The stormwater pollution prevention plan must
address the following requirements as specified in
40 CFR 450.21, to the extent otherwise required by
state law or regulations and any applicable
requirements of a state permit:
(1) Control stormwater volume and velocity
within the site to minimize soil erosion;
(2) Control stormwater discharges,
including both peak flow rates and total
stormwater volume, to minimize erosion at
outlets and to minimize downstream channel
and stream bank erosion;
(3) Minimize the amount of soil exposed
during construction activity;
(4) Minimize the disturbance of steep
slopes;
(5) Minimize sediment discharges from the
site. The design, installation and
maintenance of erosion and sediment controls
must address factors such as the amount,
frequency, intensity and duration of
precipitation, the nature of resulting
stormwater runoff, and soil characteristics,
including the range of soil particle sizes
expected to be present on the site;
(6) Provide and maintain natural buffers
around surface waters, direct stormwater to
vegetated areas to increase sediment removal
and maximize stormwater infiltration, unless
infeasible as determined by the
environmental engineer;
(7) Minimize soil compaction and, unless
infeasible as determined by the
environmental engineer, preserve topsoil;
(8) Stabilization of disturbed areas must,
at a minimum, be initiated immediately
whenever any clearing, grading, excavating,
or other earth disturbing activities have
permanently ceased on any portion of the
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site, or temporarily ceased on any portion
of the site and will not resume for a period
exceeding 14 calendar days. Stabilization
must be completed within a period of time
determined by the VESMP authority. In arid,
semiarid, and drought-stricken areas where
initiating vegetative stabilization measures
immediately is infeasible as determined by
the environmental engineer, alternative
stabilization measures must be employed as
specified by the VESMP authority; and
(9) Utilize outlet structures that withdraw
water from the surface, unless infeasible as
determined by the environmental engineer,
when discharging from basins and
impoundments.
(f) The SWPPP shall be amended whenever there is a
change in design, construction, operation, or
maintenance that has a significant effect on the
discharge of pollutants to state waters and that
has not been previously addressed in the SWPPP.
The SWPPP must be maintained at a central
location onsite. If an onsite location is
unavailable, notice of the SWPPP's location must
be posted near the main entrance at the
construction site.
Sec. 8-50. Stormwater management plan; contents of
plan.
(a) The stormwater management plan must apply the
stormwater management technical criteria set forth
in section 8-59 to the entire land disturbance
activity. Individual lots in new residential,
commercial, or industrial developments shall not
be considered to be separate land-disturbing
activities. The stormwater management plan must
also consider all sources of surface runoff and
all sources of subsurface and groundwater flows
converted to surface runoff. The stormwater
management plan shall include the following
information:
(1) Information on the type and location of
stormwater discharges; information on the
features to which stormwater is being
discharged including surface waters and the
predevelopment and post-development drainage
areas;
(2) Contact information including the name,
address, email and telephone number of the
owner and the tax reference number and parcel
number of the property or properties affected;
(3) A narrative, included with the construction
plans submitted for review and approval in
accordance with the County’s zoning and
subdivision ordinances, that includes a
description of current site conditions and
final site conditions;
(4) A general description of the proposed
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stormwater management facilities and the
mechanism through which the facilities will be
operated and maintained after construction is
complete, if the facilities are not to be
maintained by the county;
(5) Information on the proposed stormwater
management facilities, including:
(i) The type of facilities;
(ii) Location, including geographic
coordinates;
(iii) Acres treated; and
(iv) The surface waters into which the
facility will discharge.
(6) Hydrologic and hydraulic computations,
including runoff characteristics;
(7) Documentation and calculations verifying
compliance with the water quality and quantity
requirements of section 8-59 and the
environmental engineering reference manual.
(8) A map or maps of the site that depicts the
topography of the site and includes:
(i) All contributing drainage areas;
(ii) Existing streams, ponds, culverts,
ditches, wetlands, other water bodies,
floodplains, and resource protection areas
(RPAs);
(iii) Soil types, forest cover, and other
vegetative areas;
(iv) Current land use including existing
structures, roads, and locations of known
utilities and easements;
(v) Sufficient information on adjoining parcels
to assess the impacts of stormwater on the
site to, and from, these parcels;
(vi) The limits of clearing and grading, and
the proposed drainage patterns on the site;
(vii) Proposed buildings, roads, parking
areas, utilities, and stormwater management
facilities; and
(viii) Proposed land use with tabulation of
the percentage of surface area to be adapted
to various uses, including but not limited
to planned locations of utilities, roads,
easements, managed turf, and permanently
forested areas.
(b) If an operator intends to meet the water quality
and/or quantity requirements set forth in section
8-59 through the use of off-site compliance
options then, where applicable, a letter of
availability confirmed by a bill of sale from the
off-site provider must be included. Approved off-
site options must achieve the necessary nutrient
reductions prior to the commencement of the
applicant's land-disturbing activity except as
otherwise allowed by Code of Virginia, § 62.1-
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44.15:35.
(c) Elements of the stormwater management plans that
include activities regulated under Code of
Virginia, tit. 54.1, ch. 4 (§ 54.1-400 et seq.)
shall be appropriately sealed and signed by a
professional registered in the commonwealth
pursuant to Code of Virginia, tit. 54.1, ch. 4,
art. 1 (§ 54.1-400 et seq.).
(d) A construction record drawing for permanent
stormwater management facilities shall be
submitted to the environmental engineer for
approval. The construction record drawing shall be
appropriately sealed and signed by a professional
registered in the commonwealth, certifying that
the stormwater management facilities have been
constructed in accordance with the approved plan.
Sec. 8-51. Erosion and Sediment Control plan; contents
of plan.
(a) The erosion and sediment control plan, which is a
component of the ESM plan, shall be filed for a
development and the buildings constructed within,
regardless of the phasing of construction. The
erosion and sediment control plan shall identify
any Chesapeake Bay preservation areas and contain
all major conservation decisions to ensure that
the entire unit or units of land will be so
treated to achieve the conservation objectives in
9VAC25-875-560.
(b) The person responsible for carrying out the plan
shall provide the name of an individual holding a
certificate who will be in charge of and
responsible for carrying out the land disturbing
activity to the environmental engineer.
(c) If individual lots or sections in a residential
development are being developed by different
property owners, all land-disturbing activities
related to the building construction shall be
covered by an erosion and sediment control plan or
an "Agreement in Lieu of a Plan" signed by the
property owner.
(d) For construction sites that are adjacent to
sensitive environmental features such as RPAs,
wetlands and floodplains, the approved plan may
incorporate additional measures required by the
environmental engineer to adequately prevent
sediment from entering those resources. In
addition, the environmental engineer will require
additional measures other than the minimum
standards contained in the Virginia Stormwater
Management Handbook if it is determined that such
measures are necessary for protection of sensitive
environmental features and/or water resources
within the Upper Swift Creek Watershed. At a
minimum the measures will consist of:
(i) Enhanced perimeter protection
(ii) Utility relocations as part of an approved
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erosion control and stormwater management plan
Sec. 8-52. Pollution prevention plan; contents of
plans. (9VAC25-875-520)
(a) Pollution prevention plan shall be developed,
implemented, and updated as necessary and must
detail the design, installation, implementation,
and maintenance of effective pollution prevention
measures to minimize the discharge of pollutants.
At a minimum, such measures must be designed,
installed, implemented, and maintained to:
(1) Minimize the discharge of pollutants from
equipment and vehicle washing, wheel wash
water, and other wash waters. Wash waters must
be treated in a sediment basin or alternative
control that provides equivalent or better
treatment prior to discharge;
(2) Minimize the exposure of building materials,
building products, construction wastes, trash,
landscape materials, fertilizers, pesticides,
herbicides, detergents, sanitary waste, and
other materials present on the site to
precipitation and to stormwater; and
(3) Minimize the discharge of pollutants from
spills and leaks and implement chemical spill
and leak prevention and response procedures.
(b) The pollution prevention plan shall include
effective best management practices to prohibit
the following discharges:
(1) Wastewater from washout of concrete, unless
managed by an appropriate control;
(2) Wastewater from washout and cleanout of stucco,
paint, form release oils, curing compounds, and
other construction materials;
(3) Fuels, oils, or other pollutants used in
vehicle and equipment operation and
maintenance; and
(4) Soaps or solvents used in vehicle and equipment
washing.
(c) Discharges from dewatering activities, including
discharges from dewatering of trenches and
excavations, are prohibited unless managed by
appropriate controls.
Sec. 8-53. Review of erosion control and stormwater
management plan.
(a) The environmental engineer shall review stormwater
management plans and shall approve or disapprove a
stormwater management plan according to the
following:
(1) The environmental engineer shall determine the
completeness of a plan and shall notify the
applicant, in writing, of such determination,
within 15 calendar days of receipt. If the plan
is deemed to be incomplete, the above written
notification shall contain the reasons the plan
is deemed incomplete.
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(2) The environmental engineer shall have an
additional 60 calendar days from the date of
the communication of completeness to review the
plan, except that if a determination of
completeness is not made within the time
prescribed in subsection (a)(1), then plan
shall be deemed complete and the environmental
engineer shall have 60 calendar days from the
date of submission to review the plan.
(3) The environmental engineer shall review any
plan that has been previously disapproved,
within 45 calendar days of the date of
resubmission.
(4) During the review period, the plan shall be
approved or disapproved, and the decision
communicated in writing to the person
responsible for the land-disturbing activity or
his designated agent. If the plan is not
approved, the reasons for not approving the
plan shall be provided in writing. Approval or
denial shall be based on the plan's compliance
with the requirements of this chapter.
(5) If a plan meeting all requirements of this
chapter is submitted and no action is taken
within the time provided in subsection (a)(2)
for review, the plan shall be deemed approved.
However, the applicant shall fulfill all other
requirements of section 8-56 (land disturbance
permits) before issuance of a land disturbance
permit.
(b) Approved erosion control and stormwater management
plans may be modified in accordance with any of
the following criteria:
(1) Modifications to an approved erosion control
and stormwater management plan shall be allowed
only after review and written approval by the
environmental engineer, who shall have 60
calendar days to respond in writing either
approving or disapproving such request.
(2) The environmental engineer may require that an
approved erosion control and stormwater
management plan be amended, within a time that
he prescribes, to address any deficiencies
noted during inspection.
(3) An inspection reveals that the plan is
inadequate to control erosion and sedimentation
to satisfy applicable laws and/or regulations.
(4) The responsible land disturber finds that
because of changed circumstances or other
reasons the approved plan cannot be effectively
carried out, and proposed amendments to the
plan, consistent with the requirements of this
chapter, are agreed to by the plan-approving
authority.
(c) The environmental engineer shall require the
submission of a construction record drawing for
permanent stormwater management facilities.
Sec. 8-54. Approval of land-disturbing activity.
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(a) Except as provided in this chapter, no person
shall engage in land-disturbing activity unless
the person has obtained a land disturbance permit
from the county and is displaying the permit on
the site where the land-disturbing activity is
taking place. No person shall install a septic
tank or drain field in a resource management area
as defined in the Chesapeake Bay Preservation
regulations of the County’s zoning ordinance,
unless the person has obtained a land disturbance
permit and is displaying a permit on the site
where the septic tank or drain field is being
installed.
(b) Persons who own, occupy or operate private lands
on which agriculture, horticulture or silviculture
is practiced shall be exempt from the requirements
of this chapter for all activity that takes place
on that land that is exempt from the definition of
land-disturbing activity set forth in Code of
Virginia, § 62.1-44.15:51. This exemption shall
apply to silvicultural activities if there is full
and continued compliance with silvicultural best
management practices, developed and enforced by
the state forester pursuant to Code of Virginia, §
10.1-1105, during and after the land-disturbing
activity. This exemption shall not apply to land-
disturbing activities including the clearing of
trees for the purpose of establishing a
residential lawn on land in an agriculturally
zoned district where the use is residential.
(1) This exemption shall also not apply to land
which has been rezoned or converted, or which
is proposed to be rezoned or converted, at the
request of the owner or previous owner from an
agricultural to a residential, commercial or
industrial zoning district or use.
(2) As determined by the environmental engineer,
forest management for land to which this
exemption does not apply shall be for the
purpose of enhancing the health and viability
of the forest, under the supervision of a
qualified forester, and will only be allowed
upon the submission and approval of the
appropriate forest management plan to include,
but not limited to, erosion control, Chesapeake
Bay Act/wetland restrictions, and the issuance
of a land disturbance permit by the
environmental engineer.
(3) Any clear cut timbering shall be allowed only
for the purpose of site development and shall
be incorporated into the erosion and sediment
control plan/narrative as the initial phase of
infrastructure construction and will not
commence until the issuance of the actual site
development land disturbance permit.
(c) General woodlot management conducted on lands that
are in an agricultural zoning district and in
conformance with sound silvicultural practices as
confirmed by the state forester or professional
arborist shall be exempt from the requirements of
this chapter. For the purposes of this chapter,
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general woodlot management does not include the
removal of stumps except for logging road and log
deck construction.
(d) The removal of uprooted tree stumps resulting from
storm damage shall also be exempt from the
requirements of this chapter.
(e) Electric, natural gas and telephone utility
companies, interstate and intrastate natural gas
pipeline companies and railroad companies shall be
exempt from the requirements of this chapter for
projects that are exempt from local erosion and
sediment control regulation pursuant to Code of
Virginia, § 62.1-44.15:55(D); provided, however,
that such companies shall comply with the filing
requirements of Code of Virginia, § 62.1-
44.15:55(D), as enforced by DEQ.
(f) State agency projects are exempt from the
provisions of this chapter except as provided for
in Code of Virginia, § 62.1-44.15:56.
Sec. 8-55. Erosion impact areas
(a) It shall be unlawful for any owner of land in an
erosion impact area to willfully permit erosion
and sedimentation of his land to cause reasonably
avoidable damage or harm to adjacent or downstream
property, roads, streams, lakes or ponds.
(b) When the environmental engineer determines that
erosion and sedimentation is occurring in an
erosion impact area, he shall give notice of the
erosion and sedimentation to the land owner in
writing at the address for the owner contained in
the real estate assessor's records, and require
the owner to obtain a land-disturbance permit for
the purpose of engaging in land-disturbing
activity to control the erosion and sedimentation.
If the owner fails or refuses to obtain a land-
disturbance permit within five days after the
notice is mailed, or if the owner fails or refuses
to install or maintain the erosion and sediment
controls required by the approved erosion and
sediment control plan after the land-disturbance
permit is issued and within five days after the
environmental engineer has given him written
notice of such failure or refusal, the owner shall
be in violation of this chapter. The environmental
engineer may extend the five-day period if the
owner demonstrates good cause for an extension.
(c) In order to prevent further erosion, the
environmental engineer may designate any land
within the county as an erosion impact area.
Sec. 8-56. Land-disturbance permits.
(a) The environmental engineer shall not issue a land-
disturbance permit to an applicant who has
submitted a land-disturbance permit application
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unless:
(1) The applicant has submitted an erosion and
sediment control plan that has been approved by
the environmental engineer as meeting the
conservation standards;
(2) The owner and responsible land disturber, as
designated by the owner, who are responsible
for implementing and maintaining the erosion
and sediment control plan certify that they
will perform the erosion and sediment control
measures included in the plan and any other
erosion and sediment control measures deemed
necessary by the environmental engineer. When
requested by the owner, permit holder or
responsible land disturber, the environmental
engineer shall provide a written document to
the requesting party identifying what
additional measures not included in the
approved erosion and sediment control plan are
necessary, and shall notify the owner of those
additional measures;
(3) The applicant has paid the program
administration fee and posted the bond, letter
of credit or cash escrow required by this
chapter;
(4) The applicant has implemented and maintained
adequate erosion and sediment control measures
for any land-disturbing activity that has
already taken place;
(5) Any site plan or improvement sketch required by
the zoning ordinance has been approved by the
county and, when necessary, by the state
department of transportation. However, if the
grading, drainage, floodplain erosion and
sediment control and Chesapeake Bay
Preservation regulations of the County’s zoning
ordinance have been met to the satisfaction of
environmental engineer and the site plan has
been deemed to be substantially approved by the
site plan review team, the environmental
engineer may issue the land disturbance permit;
(6) Any preliminary subdivision that is required by
the subdivision ordinance has been approved by
the county and any road and drainage plan that
is required by the subdivision ordinance has
been approved by the county and the state
department of transportation;
(7) Copies of the following have been provided:
a. Any wetlands permits that are required by
federal or state law have been issued by the
applicable state and federal regulatory
agencies, or documentation has been
submitted to the environmental engineer from
a qualified wetlands expert, approved by the
environmental engineer that establishes that
a wetlands permit is not required by federal
or state law; and
(8) The applicant has appointed a designated agent
if the applicant does not reside in the state
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or is a corporation or a partnership.
(b) Land-disturbance permits shall remain in effect
until the land-disturbing activity for which the
permit was issued has been completed, as
determined by the environmental engineer, unless
the permit provides for a different effective time
period or unless the environmental engineer, or
his designee, revokes the permit.
(c) Any person who engages in land-disturbing activity
on land which is more than 2,500 square feet in
area but less than 10,000 square feet in area and
that is located in a Chesapeake Bay preservation
area shall be issued a land disturbance permit if
the person has received minor site plan or
improvement sketch approval and if there are no
erosion and sediment control violations on the
property, without having to comply with the
provisions of subsection (a).
(d) The environmental engineer may require the
responsible land disturber to ensure that
perimeter control materials have been delivered
or, as applicable, are available or installed
prior to the issuance of a land disturbance
permit.
Sec. 8-57. Revocation of permit.
(a) If the permit holder fails to comply with the
erosion and sediment control plan or with the
requirements of the land-disturbance permit, the
environmental engineer shall give notice to the
permit holder of the failure to comply and shall
require the permit holder to comply within a
specified period of time. The environmental
engineer shall give notice in the manner that is
described in section 8-66. The environmental
engineer shall revoke the land-disturbance permit
if the permit holder has not complied within the
specified time period contained in the notice.
(b) When the environmental engineer revokes a land-
disturbance permit, no land-disturbing activity
shall take place on the site, except for activity
that is required by the environmental engineer and
which is directly related to compliance with the
erosion and sediment control plan or the land-
disturbance permit, as set forth in the notice of
failure to comply.
Sec. 8-58. Compliance required before other permits
and approvals given.
No building permit shall be issued for the
construction of any building or structure and no
subdivision plat shall be approved, unless the land
for which the building permit or subdivision plat
approval is sought is in compliance with this chapter.
Sec. 8-59. Technical criteria for regulated land
disturbing activities, including grandfathering
provisions.
(a) Technical criteria.
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(1) To protect the quality and quantity of state
water from the potential harm of unmanaged
stormwater runoff resulting from land-
disturbing activities, the county hereby adopts
the technical criteria for regulated land-
disturbing activities set forth in Part V of
9VAC25-875 expressly to include 9VAC25-875-580
[water quality design criteria requirements];
9VAC25-875-590 [water quality compliance];
9VAC25-875 600 [water quantity]; 9VAC25-875-
610 [offsite compliance options]; 9VAC25 875-
620 [design storms and hydrologic methods];
9VAC25-875-630 [stormwater harvesting]; 9VAC25-
875-640 [linear development project]; and,
9VAC25-875 650 [stormwater management
impoundment structures or facilities], which
shall apply to all land-disturbing activities
regulated pursuant to this ordinance, except as
expressly set forth in in subsections (b) and
(c).
(2) Nothing in this section shall preclude an
operator from constructing to a more stringent
standard at his discretion.
(b) Any land-disturbing activity shall be considered
grandfathered by the county and shall be subject
to the Article 4 (9VAC25-875-670 et seq) of Part V
of the Regulation provided:
(1) A proffered or conditional zoning plan,
proffered plan of development, preliminary or
final subdivision plat, preliminary or final
site plan, or any document determined by the
county to be equivalent thereto:
(i) Was approved by the county prior to July 1,
2012,
(ii) Provided (prior to July 1, 2012) a
layout, meaning a conceptual drawing
sufficient to provide for specified
stormwater management facilities required at
the time of approval,
(iii) Will comply with the technical criteria
of Article 4 of Part V of 9VAC25-875 and
(iv) Has not been subsequently modified or
amended in a manner resulting in an increase
in the amount of phosphorus leaving each
point of discharge or the volume or rate of
runoff;
(2) A state permit has not been issued prior to
July 1, 2014; and
(3) Land disturbance did not commence prior to July
1, 2014.
(c) County, state, and federal projects shall be
considered grandfathered by the county and shall
be subject to the technical criteria of Article 4
of Part V of 9VAC25-875 provided:
(i) There has been an obligation of county, state,
or federal funding, in whole or in part, prior
to July 1, 2012,
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(ii) A state permit has not been issued prior to
July 1, 2014, and
(iii) Land disturbance did not commence prior to
July 1, 2014.
(d) Land-disturbing activities grandfathered under
subsections (b) and (c) shall remain subject to
the technical criteria of Article 4 of Part V of
9VAC25-875 for one additional state permit cycle.
After such time, portions of the project not under
construction shall become subject to any new
technical criteria adopted by the state board.
(e) In cases where governmental bonding or public debt
financing has been issued for a project prior to
July 1, 2012, such project shall be subject to the
technical criteria of Article 4 of Part V of
9VAC25-875 unless the permittee chooses to be
subject to the more stringent criteria of part II
B.
Sec. 8-60. Long-term maintenance of permanent
stormwater facilities.
(a) The operator shall submit a construction record
drawing for permanent stormwater management
facilities to the environmental engineer in
accordance with 9VAC25-875-535. The record drawing
shall contain a statement signed by a professional
registered in the Commonwealth of Virginia
pursuant to Chapter 4 of Title 54.1 of the Code of
Virginia, stating that to the best of their
knowledge, the construction record drawing shows
all adjustments and revisions to the Stormwater
Management Plan made during construction and
serves as a permanent record of the actual
location of all constructed elements.
(b) The environmental engineer shall require the
provision of long-term responsibility for and
maintenance of stormwater management facilities
and other techniques specified to manage the
quality and quantity of runoff. Such requirements
shall be set forth in an instrument recorded in
the local land records prior to general permit
termination, or earlier as required by the
environmental engineer. At a minimum, the
instrument shall:
(1) Be submitted to the environmental engineer for
review and approval prior to the approval of
the stormwater management plan;
(2) Be stated to run with the land;
(3) Provide for all necessary access to the
property for purposes of maintenance and
regulatory inspections;
(4) Provide for inspections and maintenance and the
submission of inspection and maintenance
reports to the environmental engineer; and
(5) Be enforceable by all appropriate governmental
parties.
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Sec. 8-61. Monitoring and inspections.
(a) The environmental engineer may conduct pre-
construction meetings with the contractor in
charge of carrying out the approved plan, and the
owner and/or permittee at the site of the land-
disturbing activity. The responsible land
disturber shall be present at the pre-construction
meeting.
(b) The environmental engineer shall inspect the land-
disturbing activity during construction for:
(1) Compliance with the approved erosion and
sediment control plan;
(2) Compliance with the approved stormwater
management plan;
(3) Development, updating, and implementation of a
pollution prevention plan; and
(4) Development and implementation of any
additional control measures necessary to
address a TMDL.
(c) The environmental engineer shall conduct periodic
inspections of land-disturbing activity as required
by Code of Virginia, § 62.1-44.15:58A.
(d) The environmental engineer may, at reasonable
times and under reasonable circumstances
consistent with the requirements of the Fourth
Amendment of the United States Constitution, enter
any establishment or upon any property, public or
private, for the purpose of obtaining information
or conducting surveys or investigations necessary
in the enforcement of the provisions of this
chapter.
(e) In accordance with a performance bond with surety,
cash escrow, letter of credit, any combination
thereof, or such other legal arrangement or
instrument, the environmental engineer may enter
any establishment or upon any property, public or
private, for the purpose of initiating or
maintaining appropriate actions which are required
by the permit conditions associated with a land-
disturbing activity when a permittee, after proper
notice, has failed to take acceptable action
within the time specified.
(f) Pursuant to Code of Virginia, § 62.1-44.15:40, the
environmental engineer may require every state
permit applicant or permittee, or any such person
subject to VESMP authority permit requirements
under this chapter, to furnish when requested such
application materials, plans, specifications, and
other pertinent information as may be necessary to
determine the effect of his discharge on the
quality of state waters, or such other information
as may be necessary to accomplish the purposes of
this chapter, subject to the protection of
confidential information as set forth in Code of
Virginia, § 62.1-44.15:40.
(g) Inspections of stormwater management facilities
required by the provisions of this chapter
(whether during construction, post-construction
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and/or after expiration of the general permit)
shall be conducted pursuant to the county's
adopted, and state board approved, inspection
program. Such inspections shall occur, at minimum,
at least once every five years, except for such
shorter intervals as required by the environmental
engineer, or as may otherwise be provided for in
section 8-60.
Sec. 8-62. Formal hearings.
(a) Any permit applicant or permittee, or person
subject to requirements of this chapter, who is
aggrieved by any action of the county taken
without a formal hearing, or by inaction of the
county, may demand in writing a formal hearing of
such action or inaction causing such grievance,
provided a petition requesting such hearing is
filed with the environmental engineer within 30
days after notice of such action is given by the
environmental engineer.
(b) The formal hearing shall be conducted by the
county's deputy county administrator for community
development at the time and place designated by
the deputy county administrator.
(c) A verbatim record of the proceedings of such
hearings shall be taken and filed with the deputy
county administrator and the environmental
engineer. Depositions may be taken and read as in
actions at law.
(d) The deputy county administrator shall have power
to issue subpoenas and subpoenas duces tecum, and
at the request of any party shall issue such
subpoenas. The failure of a witness without legal
excuse to appear or to testify or to produce
documents shall be acted upon by the deputy county
administrator, whose action may include the
procurement of an order of enforcement from the
circuit court for the county. Witnesses who are
subpoenaed shall receive the same fees and
reimbursement for mileage as in civil actions.
Sec. 8-63. Appeal to circuit court.
Any person, including the county, aggrieved by a
decision of the deputy county administrator made
pursuant to section 8-62, may seek judicial review of
such decision in the circuit court for the county in
accordance with Code of Virginia, § 62.1-44.15:46.
Sec. 8-64. Fees.
(a) The applicant shall pay a program administration
fee to cover the cost of erosion sediment control
plan review at the time the applicant submits to
the environmental engineer an erosion sediment
control plan. The amount of the fee shall be:
(i) For an erosion and sediment control plan for
land disturbance which is 10,000 square feet or
larger and not located in a proposed
subdivision: $1,360.00, plus $60.00 for each
acre of land to be disturbed.
(ii) For an erosion and sediment control plan for
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land disturbance which is 10,000 square feet or
larger and located in a proposed subdivision:
$1,360.00, plus $60.00 for each lot.
(iii) For an erosion and sediment control plan for
land disturbance which is less than 10,000
square feet and is not to be used for a single-
family residence: $100.00.
(iv) For any building permit application or
erosion and sediment control plan that is to be
used for a single-family residence, separately
built or any amendment thereto that changes the
proposed building footprint from that of the
initial submission: $50.00.
(v) For resubmission of all or part of an erosion
and sediment control plan for a subdivision or
a residential development for which plan
approval has previously been granted, there
shall be a fee of $1,000.00 unless the
resubmittal was requested by or on behalf of
the county.
(vi) For a non-exempt timber management plan:
$100.00.
(b) No program administration fee shall be required
for an erosion and sediment control plan for land-
disturbing activity that takes place in
conjunction with a land use for which a minor site
plan has been approved in accordance with the
zoning ordinance.
(c) If a land-disturbance permit is revoked, the
applicant shall pay an administrative fee in an
amount equal to one-half of the original program
administration fee when the applicant applies to
have the land-disturbance permit reissued.
(d) No business located within an enterprise zone or
subzone designated by the commonwealth or
technology zone designated by the county shall be
required to pay any of the fees described in this
section.
(e) Fees to cover costs associated with implementation
of state permits related to land disturbing
activities shall be imposed in accordance with
Table 1. DEQ may also assess additional fees that
the County will collect on behalf of DEQ. These
fees listed below, and any additional fees payable
to DEQ, shall be paid prior to the issuance of a
land disturbance permit. When a site or sites has
been purchased for development within a previously
permitted common plan of development or sale, the
applicant shall be subject to fees in accordance
with the disturbed acreage of their site or sites
according to Table 1.
Table 1: Fees for permit issuance
Fee type Fee to be
paid by
Applicant
to County.
Chesapeake Bay Preservation Act Land-
Disturbing Activity (not subject to
$209.00
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General Permit coverage; sites within
designated areas of Chesapeake Bay Act
localities with land-disturbance
acreage equal to or greater than 2,500
square feet and less than 1 acre)
General/Stormwater Management — Small
Construction Activity/Land Clearing
(Areas within common plans of
development or sale with land
disturbance acreage less than 1 acre.)
$209.00
General/Stormwater Management — All
single family detached residential
structures within or outside a common
plan of development
$209.00
General/Stormwater Management — Small
Construction Activity/Land Clearing
(Sites or areas within common plans of
development or sale with land
disturbance acreage equal to or greater
than 1 acre and less than 5 Acres)
$1,944.00
General/Stormwater Management — Large
Construction Activity/Land Clearing
(Sites or areas within common plans of
development or sale with land
disturbance acreage equal to or greater
than 5 acres and less than 10 acres)
$2,448.00
General/Stormwater Management — Large
Construction Activity/Land Clearing
[Sites or areas within common plans of
development or sale with land
disturbance acreage equal to or greater
than 10 acres and less than 50 acres]
$3,240.00
General/Stormwater Management — Large
Construction Activity/Land Clearing
(Sites or areas within common plans of
development or sale with land
disturbance acreage equal to or greater
than 50 acres and less than 100 acres)
$4,392/00
General/Stormwater Management — Large
Construction Activity/Land Clearing
(Sites or areas within common plans of
development or sale with land
disturbance acreage equal to or greater
than 100 acres)
$6,912.00
* If the project is completely administered by DEQ
such as may be the case for a state or federal
project or projects covered by individual permits,
the entire applicant fee shall be paid to DEQ.
(f) Fees for the modification or transfer of
registration statements from the general permit
issued by the state board shall be imposed in
accordance with Table 2. If the general permit
modifications result in changes to stormwater
management plans that require additional review by
the county, such reviews shall be subject to the
fees set out in Table 2. The fee assessed shall be
based on the total disturbed acreage of the site.
In addition to the general permit modification
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fee, modifications resulting in an increase in
total disturbed acreage shall pay the difference
in the initial permit fee paid and the permit fee
that would have applied for the total disturbed
acreage in Table 1.
Table 2: Fees Paid to the County for the Modification
or Transfer of Registration Statements for the General
Permit for Discharges of Stormwater from Construction
Activities
Type of Permit Fee Amount
General/Stormwater Management — Small
Construction Activity/Land Clearing
(Areas within common plans of
development or sale with land
disturbance acreage less than 1 acre)
$20.00
General/Stormwater Management — Small
Construction Activity/Land Clearing
(Sites or areas within common plans of
development or sale with land
disturbance acreage equal to or greater
than 1 and less than 5 acres)
$200.00
General/Stormwater Management — Large
Construction Activity/Land Clearing
(Sites or areas within common plans of
development or sale with land
disturbance acreage equal to or greater
than 5 acres and less than 10 acres)
$250.00
General/Stormwater Management — Large
Construction Activity/Land Clearing
(Sites or areas within common plans of
development or sale with land
disturbance acreage equal to or greater
than 10 acres and less than 50 acres)
$300.00
General/Stormwater Management — Large
Construction Activity/Land Clearing
(Sites or areas within common plans of
development or sale with land
disturbance acreage equal to or greater
than 50 acres and less than 100 acres)
$450.00
General/Stormwater Management — Large
Construction Activity/Land Clearing
(Sites or areas within common plans of
development or sale with land
disturbance acreage equal to or greater
than 100 acres)
$700.00
* The fee for re-issuance of a revoked permit is
one-half of the original issuance fee.
(g) The following annual permit maintenance fees shall
be imposed in accordance with Table 3, including
fees imposed on expired permits that have been
administratively continued. With respect to the
general permit, these fees shall apply until the
permit coverage is terminated.
Table 3: Permit Maintenance Fees
Type of Permit Fee Amount
Chesapeake Bay Preservation Act Land-
Disturbing Activity (not subject to
General Permit coverage; sites within
designated areas of Chesapeake Bay Act
localities with land-disturbance
$50.00
6/26/2024 Page 102 of 111
acreage equal to or greater than 2,500
square feet and less than 1 acre)
General/Stormwater Management — Small
Construction Activity/Land Clearing
(Areas within common plans of
development or sale with land
disturbance acreage less than 1 acre)
$50.00
General/Stormwater Management — Small
Construction Activity/Land Clearing
(Sites or areas within common plans of
development or sale with land
disturbance equal to or greater than 1
acre and less than 5 acres)
$400.00
General/Stormwater Management — Large
Construction Activity/Land Clearing
(Sites or areas within common plans of
development or sale with land
disturbance acreage equal to or greater
than 5 acres and less than 10 acres)
$500.00
General/Stormwater Management — Large
Construction Activity/Land Clearing
(Sites or areas within common plans of
development or sale with land
disturbance acreage equal to or greater
than 10 acres and less than 50 acres)
$650.00
General/Stormwater Management — Large
Construction Activity/Land Clearing
(Sites or areas within common plans of
development or sale with land
disturbance acreage equal to or greater
than 50 acres and less than 100 acres)
$900.00
General/Stormwater Management — Large
Construction Activity/Land Clearing
(Sites or areas within common plans of
development or sale with land
disturbance acreage equal to or greater
100 acres)
$1,400.00
Permit coverage maintenance fees shall be paid
annually to the county, by the anniversary date of the
issuance of the land disturbance permit. No permit
will be reissued or automatically continued without
payment of the required fee. Permit coverage
maintenance fees shall be applied until a notice of
termination is effective.
(h) The fees set forth in subsections (e) through (g),
shall apply to:
(1) All persons seeking coverage under the general
permit.
(2) All permittees who request modifications to or
transfers of their existing registration
statement for coverage under a general permit.
(3) Permit and permit coverage maintenance fees
outlined under section 8-64(g) may apply to
each general permit holder.
(i) No general permit application fees will be
assessed to:
(1) Permittees who request minor modifications to
general permits as defined in section 8-46.
Permit modifications at the request of the
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permittee resulting in changes to stormwater
management plans that require additional review
by the environmental engineer shall not be
exempt pursuant to this section.
(2) Permittees whose general permits are modified
or amended at the initiative of DEQ, excluding
errors in the registration statement identified
by the environmental engineer or errors related
to the acreage of the site.
(j) All incomplete payments will be deemed as
nonpayments, and the applicant shall be notified
of any incomplete payments. Interest may be
charged for late payments at the underpayment rate
set forth in Code of Virginia, § 58.1-15 and is
calculated on a monthly basis at the applicable
periodic rate. A ten percent late payment fee
shall be charged to any delinquent (over 90 days
past due) account. The county shall be entitled to
all remedies available under the Code of Virginia
in collecting any past due amount.
Sec. 8-65. Performance bond.
(a) Prior to issuance of any permit or subdivision
plat recordation, the applicant shall post a
performance bond in favor of the county with an
acceptable corporate surety, in an amount approved
by the environmental engineer as sufficient to
install the controls specified in the erosion and
stormwater management plan. The bond shall be
conditioned on the faithful performance of the
approved erosion and stormwater management plan
and shall indemnify and save harmless the county
from any loss that results from the applicant's
failure to comply with the requirements of this
chapter. The form of the bond shall be approved by
the county attorney.
(b) In lieu of a performance bond, the applicant may
submit to the environmental engineer a cash escrow
or an irrevocable letter of credit which is
approved as to form by the county attorney. The
amount of the cash escrow or letter of credit
shall be approved by the environmental engineer in
the manner described in subsection (a).
(c) For non-exempt timbering, the amount of the bond,
cash escrow, or irrevocable letter of credit shall
be $2,500.00.
(d) If the owner or permit holder does not faithfully
perform the approved erosion and stormwater
management plan or any other measures deemed
necessary by the environmental engineer, as
provided for in Code of Virginia, § 62.1-44.15:51
et seq., 9VAC25-875-560, and the most recently
approved edition of the state stormwater
management handbook, the environmental engineer
shall revoke the land disturbance permit prior to
using any funds that are posted to implement any
portion of the erosion and stormwater management
plan or other measures deemed necessary by the
environmental engineer. The person who posted the
bond, letter of credit or cash escrow shall
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increase the bond, letter of credit or cash escrow
back to the original amount approved by the
environmental engineer before the environmental
engineer reissues the land disturbance permit to
the permit holder.
(e) Any person who engages in land-disturbing activity
on land that has received minor site plan approval
pursuant to the County’s zoning ordinance shall be
exempt from the requirements of this section,
except that he must obtain a land disturbance
permit.
(f) Within 60 days after all land-disturbing activity
has been completed and the environmental engineer
has determined that all land has been stabilized,
any unexpended or unobligated funds that were
posted or deposited with the environmental
engineer pursuant to this section shall be
released or refunded. For the purposes of this
section, land-disturbing activity shall be
considered complete when a certificate of
occupancy has been issued or, in the case of a
subdivision, when the board of supervisors has
adopted a resolution requesting the state to
accept the subdivision roads into the state
highway system.
Sec. 8-66. Enforcement.
(a) If the environmental engineer determines that
there is a failure to comply with the VESMP
authority permit conditions or determines there is
an unauthorized discharge, notice shall be served
upon the permittee or person responsible for
carrying out the permit conditions by any of the
following: verbal warnings and inspection reports,
notices of corrective action, consent special
orders, and notices to comply. Written notices
shall be served by registered or certified mail to
the address specified in the permit application,
by email at the internet address specified in the
permit application, or by personal delivery by an
agent of the environmental engineer to the agent,
contractor, responsible land disturber, applicant,
permittee, or owner.
(1) The notice shall specify the measures needed to
comply with the permit conditions and shall
specify the time within which such measures
shall be completed. Upon failure to comply
within the time specified, a stop work order
may be issued in accordance with subsection
(2), the permit may be revoked by the
environmental engineer and/or civil penalties
may be issued.
(2) The stop work order is issued by the
environmental engineer and requires the owner,
permittee, person responsible for carrying out
an approved plan, responsible land disturber or
the person conducting the land-disturbing
activities without an approved plan or required
permit to cease all land-disturbing activities
until the violation of the permit has ceased,
or an approved plan and required permits are
6/26/2024 Page 105 of 111
obtained, and specified corrective measures
have been completed. Such orders shall become
effective upon service on the person by
certified mail, return receipt requested, sent
to his address specified in the land records of
the locality, or by personal delivery by an
agent of the environmental engineer. However,
if the environmental engineer finds that any
such violation is grossly affecting or presents
an imminent and substantial danger of causing
harmful erosion of lands or sediment deposition
in waters within the watersheds of the
Commonwealth or otherwise substantially
impacting water quality, it may issue, without
advance notice or hearing, an emergency order
directing such person to cease immediately all
land-disturbing activities on the site and
shall provide an opportunity for a hearing,
after reasonable notice as to the time and
place thereof, to such person, to affirm,
modify, amend, or cancel such emergency order.
If a person who has been issued an order is not
complying with the terms thereof, the
environmental engineer may institute a
proceeding for an injunction, mandamus, or
other appropriate remedy in accordance with
subsection (c).
(b) In addition to any other remedy provided by this
article, no building permit shall be issued for
the construction of any building or structure and
no subdivision plat shall be approved, unless the
land for which the building permit or subdivision
plat approval is sought is in compliance with this
article.
(c) Any person violating or failing, neglecting, or
refusing to obey any rule, regulation, ordinance,
order, approved standard or specification, or any
permit condition issued by the environmental
engineer may be compelled in a proceeding
instituted by the county in the circuit court for
the county to obey same and to comply therewith by
injunction, mandamus or other appropriate remedy.
(d) Any person who violates any provision of this
article or who fails, neglects, or refuses to
comply with any order of the environmental
engineer, shall be subject to a civil penalty not
to exceed $32,500.00 for each violation within the
discretion of the court. Each day of violation of
each requirement shall constitute a separate
offense.
(1) Violations for which a penalty may be imposed
under this subsection (whether during
construction, post-construction and/or after
the expiration of the general permit) shall
include but not be limited to the following:
(i) No state permit registration;
(ii) No SWPPP;
(iii)Incomplete SWPPP;
(iv) SWPPP not available for review;
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(v) No approved erosion and sediment control
plan;
(vi) Failure to install stormwater BMPs or
erosion and sediment controls;
(vii)Stormwater BMPs or erosion and sediment
controls improperly installed or
maintained;
(viii)Operational deficiencies;
(ix) Failure to conduct required inspections;
(x) Incomplete, improper, or missed
inspections; and
(xi) Discharges not in compliance with the
requirements of the state permit.
(xii)Commencement of land-disturbing activity
prior to the issuance of a land
disturbance permit as provided in section
8-56(a).
(xiii)Vegetative measures: failure to comply
with minimum standards 1, 2, 3 and 5.
(xiv)Structural measures: failure to comply
with minimum standards 4, 6, 10, 11, 15,
and 17.
(xv) Watercourse measurers: failure to comply
with minimum standards 12, 13 and 15.
(xvi)Slope stabilization/protective measures:
failure to comply with minimum standards
7, 8 and 9.
(xvii)Underground utility measures: failure to
comply with minimum standard 16(a), (b),
(c), and/or (d).
(xviii)Erosion control standards and
specifications: failure to comply with any
standards and specifications contained in
the current edition of the Virginia
Stormwater Management Handbook.
(xix)Dust control: failure to comply with the
standard and specifications relating to
dust control.
(xx) Failure of the person responsible for
carrying out the plan to provide the name
of an individual holding a certificate of
competence, as provided by Code of
Virginia, § 62.1-44.15:15, who will be in
charge of and responsible for carrying out
the land-disturbing activity.
(xxi)Certified responsible land disturber:
failure of the certified responsible land
disturber to fulfill any responsibilities
provided for in this chapter.
(xxii)Failure to obey a stop work order.
(xxiii)Failure to stop work when a permit is
revoked.
(xxiv)Failure to comply with the provisions of
the approved forest management plan.
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(xxv)Any civil penalties assessed in accordance
with subsection (d) shall be paid into the
treasury of the county and designated for
the purpose of minimizing, preventing,
managing or mitigating pollution of the
waters of the county.
(2) In imposing a civil penalty pursuant to this
subsection, the environmental engineer and the
court may consider the degree of harm caused by
the violation and also the economic benefit to
the violator from noncompliance.
(3) Any civil penalties assessed as a result of a
summons issued by the county shall be paid into
the treasury of the county to be used for the
purpose of minimizing, preventing, managing, or
mitigating pollution of the waters of the
county and abating environmental pollution
therein in such manner as the court may, by
order, direct.
(e) Should a civil violation summons be issued as
provided in this article, it shall provide that
any person issued the summons may, within five
working days of receipt of the summons, elect to
pay the civil penalty by making an appearance in
person or by certified mail to the county
treasurer's office and, by such appearance may
enter a waiver of trial, admit liability, and pay
the civil penalty established for the violation
charged and provide that a signature to an
admission of liability shall have the same force
and effect as a judgment in court; however, an
admission shall not be deemed a criminal
conviction for any purpose.
(f) If a person charged with a civil violation summons
does not elect to enter a waiver of trial and
admit liability, the environmental engineer shall
cause the sheriff's office to serve the summons on
the owner or permittee.
(g) Failure to pay the civil penalty, or to contest
the violation, within the time period prescribed
herein, shall result in the immediate issuance of
a stop work order and the revocation of the
permit.
(h) The environmental engineer may apply to the
circuit court of the county to enjoin a violation
or a threatened violation of this article, without
the necessity of showing that there is no adequate
remedy at law.
(i) Notwithstanding any other civil or equitable
remedy provided by this article or by law, any
person who willfully or negligently violates any
provision of this chapter, any order of the
environmental engineer, any condition of a permit,
or any order of a court shall, be guilty of a
misdemeanor punishable by confinement in jail for
not more than 12 months or a fine of not less than
$2,500.00 nor more than $32,500.00, or both.
(2) That this ordinance shall become effective
immediately after adoption.
6/26/2024 Page 108 of 111
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
19. Fifteen-Minute Citizen Comment Period on Unscheduled Matters
Ms. Judy Neff expressed concerns relative to the
overpopulation of community cats and domesticated
pets, and she encouraged the Board to provide funding
to assist with trap/neuter/release and adoption
programs as well as programs to assist pet owners with
veterinary care expenses. She also encouraged
researching laws that require pet owners to spay or
neuter their pets by the age of 6 months.
20. Adjournment
A. Adjournment and Notice of Next Scheduled Meeting of
the Board of Supervisors
On motion of Mr. Carroll, seconded by Dr. Miller, the
Board adjourned at 9:16 p.m. to the National
Association of Counties (NACo) Conference on July 11
at 2 p.m., to then adjourn to the regularly scheduled
Board of Supervisors meeting on July 24 at 2 p.m.
Ayes: Holland, Miller, Ingle, Schneider and Carroll.
Nays: None.
__________________________ ___________________________
Joseph P. Casey James M. Holland
County Administrator Chairman
6/26/2024 Page 109 of 111
Citizen Comments Received Through the Comment Portal
Comment Type Comment Name District
Unscheduled
matter
I appreciate the efforts of
anyone who steps up and takes
a shot at managing the
complexities of 21st century
Chesterfield. Interests,
demands, limitations. There's
a lot to sort out, a lot of
people to keep happy. And
there are lots of worldwide
problems that find their way
down to the local level.
Inflation, immigration,
climate.
We've just kicked off the
summer season with warning
shots from the weather ‐‐ a
fire here, a flood down
there, dire warnings from the
National Hurricane Center.
This summer could be quite a
show!
The good news is that you
have an opportunity to do
something about that scenario ‐‐ too late for this summer of
course, but not for the many
summers to come. The better
news is you can do that while
offering financial relief to
the citizens of Chesterfield,
cooling off those energy
bills that seem to go nowhere
but up.
I get it. Saying no to
Dominion Energy's
Chesterfield gas plant is no
easy call. You run the risk
of irritating one of your
most fundamental partners in
local governance. But at a
time when Virginia ranks at
the high end of electricity
costs (about 14 out of 50
states), you might consider
the benefits of a little
distance from Dominion. Or
better yet, a little
oversight. From new data
centers alone, energy
forecasters see an increase
in energy needs of 40% by
2035, yet Dominion is still
trying to meet 21st century
energy demands with 20th
century technology: pipes,
smokestacks, pollution. The
smart money is on smart
Thomas Beach Bermuda
6/26/2024 Page 110 of 111
Comment Type Comment Name District
grids, upgraded power lines
and efficient energy from the
wind and sun. Do you want to
be with the buggy makers as
the Model Ts role by?
Meanwhile, citizens are
catching on to better ways to
get their power. Your
citizens. As elected
representatives, it's your
job to respond to them. Solar
companies across the state
have scores of projects ready
to go on rooftops, former
industrial sites and fallow
fields. Leaders in past years
are remembered for stepping
up at historic moments of
challenge: WWII, the Marshall
Plan, the space race. Are we
a nation of quitters and
shirkers, or innovators and
achievers? You can stay on
the later side of that
choice. Go boldly into the
modern energy world for your
citizens and for their power
provider by forcing the right
choice: no to gas, yes to
green.
Unscheduled
matter
The Virginia Clinicians for
Climate Action encourages the
Board to listen to community
voices regarding the need for
a public hearing about the
proposed Dominion gas plant.
VCCA reminds the Board this
siting is in an environmental
justice neighborhood that has
dealt with coal ash pollution
for 80 years and is NOT
suitable for more fossil fuel
infrastructure. There are
better options for the
provision of energy and the
health of Chesterfield.
Susan Miller Midlothian
Unscheduled
matter
I have been a resident of
Chesterfield County since
1980 and have worked, played,
and raised a family here. I
have always found it a
wonderful place to call come
home. The idea that a nasty,
polluting has plant plant is
being considered for this
county by Dominion Energy
sickens me. I am very aware
of the current and future
needs for electricity in not
just this county and state
but entire country. AI will
Barbara
Patterson
Bermuda
6/26/2024 Page 111 of 111
Comment Type Comment Name District
consume energy in amounts we
cannot even really understand
yet. But regardless of who is
in the White House, we have a
responsibility to our
citizens to pursue clean
energy sources not as a side
job or hobby but as the
primary source of power. Our
power companies will not
invest in cleaner energy if
we continue to accommodate
the old polluting methods of
the past that the entire
global scientific community
has condemned as what must
change of we are to have a
chance of saving the ozone.
I beg you as a citizen to
have a public hearing on this
matter and let out voices be
heard. We elected you in good
faith to represent our
interests, not to allow large
corporations to do as they
please with our environment.
Thank you in advance.
Barbara Patterson
Unscheduled
matter
Please vote no on the
Dominion Fracked gas plant.
We don't need or want this in
Chesterfield or anywhere.
Pamela Hill Matoaca