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2025-05-28 Minutes BOARD OF SUPERVISORS MINUTES MAY 28, 2025 5/28/2025 Page 1 of 116 5 p.m. Work Session - Public Meeting Room, 10001 Iron Bridge Road A video recording of this meeting may be viewed at https://www.chesterfield.gov/244/Agendas-and-Minutes. Supervisors in Attendance: Mr. James A. Ingle, Jr., Chair Dr. Mark S. Miller, Vice Chair Ms. Jessica L. Schneider Mr. James M. Holland Mr. Kevin P. Carroll Dr. Joseph P. Casey County Administrator Mr. Ingle called the meeting to order at 5 p.m. 1. Approval of Minutes On motion of Mr. Carroll, seconded by Mr. Holland, the Board approved the minutes of the April 23, 2025, Board of Supervisors meeting, as submitted. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 2. Requests to Postpone Agenda Items and Additions, Deletions or Changes in the Order of Presentation There were no requests to postpone agenda items and additions, deletions or changes in the order of presentation. 3. Everyday Excellence - Sheriff's Office Sheriff Karl Leonard introduced Alexander Nees, who was present to be recognized for his consistent dedication, reliability, and outstanding performance while efficiently conducting mail runs each day to multiple locations throughout the county complex, ensuring that all tasks are completed accurately and with a high degree of punctuality. Board members expressed their appreciation to Mr. Nees for all that he does to support the Sheriff's Office day in and day out. Following Mr. Nees's recognition, Sheriff Leonard introduced Delegate Carrie Coyner, who read and presented House Resolution 808 honoring the work of the HARP program at the Chesterfield County Jail. Several staff members of HARP were present to receive the resolution. Delegate Coyner congratulated and thanked them for the very important work that they do to not only help addicts recover, but also bring awareness to the public through the "I Never Thought It'd Be Me" program. 5/28/2025 Page 2 of 116 Board members spoke highly of the HARP program and encouraged middle schools to bring the "I Never Thought It'd Be Me" program to their students. 4. Work Sessions A. Sheriff's Office Annual Update Sheriff Leonard provided the Board with an annual update on the activities and initiatives of the Sheriff's Office. Board members expressed appreciation for the many ways the Sheriff's Office contributes to public safety. B. Consent Agenda Highlights Mr. Jesse Smith provided details of various consent agenda items 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 on Planning Commission's Substantial Accord Determination for the Roxshire Neighborhood Park The Board approved the Report on Planning Commission's Substantial Accord Determination for the Roxshire Neighborhood Park. 6. Fifteen-Minute Citizen Comment Period on Unscheduled Matters There were no speakers on unscheduled matters at this time. The Board took a brief recess at 5:49 p.m. 6 p.m. Evening Session - Public Meeting Room, 10001 Iron Bridge Road Reconvening: 7. Invocation by the Honorable Mark S. Miller, Midlothian District Supervisor The Honorable Mark S. Miller, Midlothian District Supervisor, gave the invocation. 8. Pledge of Allegiance Led by Matt Harris, Deputy County Administrator Deputy County Administrator Matt Harris led the Pledge of Allegiance. 9. County Administration Update 5/28/2025 Page 3 of 116 The County Administration Update included the following: o Announcement of the Treasurer's Office achieving Office Accreditation through the Treasurers' Association of Virginia (TAV); and o Recognition of Economic Development Deputy Director Jake Elder for being an inaugural recipient of Virginia Business Magazine's Top Forty Under 40 award. 10. Board Member Reports Board members announced and provided details of several community meetings and county-related events they attended recently. 11. Resolutions and Special Recognitions A. Recognition of 2025 Spring Government Citizens Academy Graduates Ms. Kelly Dale, Community Engagement Coordinator, introduced recent graduates of the 2025 Spring Government Citizens Academy, who were present to be recognized and receive their certificates. She stated the academy offers Chesterfield residents the opportunity to learn about their local government through interactive sessions. She further stated during the nine-week program, participants receive a comprehensive look at programs and learn directly from department leaders and members of the Board of Supervisors about local government operations. Patterson Brown, member of the academy class, addressed the Board to give his perspective on what he learned over the course of the academy. 12. New Business A. Claim of Branscome Operating LLC regarding Contract #ADMN21000141 for Route 10 (Whitepine to Frith) Widening, VDOT Project No. 0010-020-688, C501, UPC #104889, Federal Aid No. RSTP-5A27(546). County Attorney Jeff Mincks provided the Board with details of the claim of Branscome Operating LLC regarding Contract #ADMN21000141 for Route 10 (Whitepine to Frith) Widening, VDOT Project No. 0010- 020-688, C501, UPC #104889, Federal Aid No. RSTP- 5A27(546). He stated staff recommended denial of the claim. Jim Harvey, an attorney with Woods Rogers, presented Branscome's claim to the Board. He stated Branscome's request was for the Board to either postpone a decision on the claim and direct county staff to engage in mediation or approve the claim. Discussion and questions ensued relative to the 5/28/2025 Page 4 of 116 information provided during the presentation. On motion of Mr. Holland, seconded by Dr. Miller, the Board denied the claim of Branscome Operating LLC regarding Contract #ADMN21000141 for Route 10 (Whitepine to Frith) Widening, VDOT Project No. 0010- 020-688, C501, UPC #104889, Federal Aid No. RSTP- 5A27(546). Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. B. Appointments 1. Chesterfield Community Services Board On motion of Mr. Carroll, seconded by Dr. Miller, the Board nominated/appointed Ryan James, Midlothian District, to serve as an at-large representative on the Chesterfield Community Services Board, whose partial term is effective June 1, 2025, and will expire December 31, 2026. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 2. Chesterfield County Airport Advisory Board On motion of Mr. Holland, seconded by Mr. Carroll, the Board nominated/appointed Shandra Cain, Dale District, to serve as the Dale District representative on the Chesterfield County Airport Advisory Board, whose partial term is effective May 29, 2025, and will expire May 22, 2027. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 3. Preservation Committee On motion of Ms. Schneider, seconded by Mr. Carroll, the Board nominated/appointed Lindsay Cassada, Midlothian District, to serve as an at-large representative on the Preservation Committee, whose partial term is effective immediately and will expire March 8, 2026. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. C. Consent Items (12.C.1.-12.C.11.) 1. Adoption of Resolutions a. Recognizing Firefighter James E. Blackman, Fire and Emergency Medical Services Department, Upon His Retirement On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: 5/28/2025 Page 5 of 116 WHEREAS, Firefighter James E. Blackman retired from the Chesterfield Fire and Emergency Medical Services Department on April 1, 2025; and WHEREAS, Firefighter Blackman completed recruit school #30 and has faithfully served the residents of Chesterfield County for twenty-four years in various assignments as a firefighter at the Manchester, Clover Hill, Phillips, River’s Bend, and Winterpock stations; and WHEREAS, Firefighter Blackman served as a member of the Truck 7 workgroup in 2015; and WHEREAS, Firefighter Blackman served as a founding member of the Marine Incident Response Team beginning in 2021; and WHEREAS, Firefighter Blackman was awarded a Lifesave Award and a Unit Citation Award for his involvement in the successful outcome of a patient who was suffering cardiac arrest on February 17, 2008; and WHEREAS, Firefighter Blackman was awarded a Lifesave Award and a Unit Citation Award for his involvement in the successful outcome of a resident trapped and unable to escape their home due to a structure fire on August 14, 2013; and WHEREAS, Firefighter Blackman was awarded a Unit Lifesave Award for his involvement in the successful outcome of a patient suffering cardiac arrest on November 20, 2015; and WHEREAS, Firefighter Blackman was awarded an EMS Unit Citation Award for his involvement in the successful outcome of a patient who was having trouble breathing on October 29, 1999; and WHEREAS, Firefighter Blackman was awarded a Unit Citation Award for his involvement in the successful outcome of two patients trapped in a vehicle accident involving a tree on January 1, 2004. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the valuable contributions of Firefighter James E. Blackman, expresses the appreciation of all residents for his service to the County, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. b. Recognizing Lieutenant John Frasier, Sheriff's Office, Upon His Retirement On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, Lieutenant John Frasier has faithfully 5/28/2025 Page 6 of 116 served the Chesterfield County Sheriff’s Office for 20 years; and WHEREAS, Lieutenant Frasier was hired on July 19, 2004, and assigned to the Correctional Services as a Jail Deputy; and WHEREAS, Lieutenant Frasier joined the Chesterfield County Sheriff’s Office as a deputy and faithfully served under former Sheriffs Clarence G. Williams and Dennis S. Proffitt, and current Sheriff Karl S. Leonard; and WHEREAS, Lieutenant Frasier has received numerous letters of appreciation from judges, his supervisors, and other internal departments expressing their gratitude for his professionalism, positive attitude, demeanor, and dedication; and WHEREAS, Lieutenant Frasier has received Employee of the Quarter Awards for his high degree of ethics, his work habits, and taking the necessary courses to enhance his contribution to the Sheriff’s Office; and WHEREAS, Lieutenant Frasier has volunteered to help community service with the Cadet Safety Camp, Driver’s License Program, Summer Camp Program, multiple Food Banks, Christmas Mother, Chesterfield County Fair, and Watch D.O.G.S.; and WHEREAS, Lieutenant Frasier’s professionalism and extensive knowledge has received constant praise from judges and his peers. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the outstanding contributions of Lieutenant John Frasier, expresses the appreciation of all residents for his service to Chesterfield County and extends appreciation for his dedicated service to the county and congratulations upon his retirement, as well as best wishes for a long and happy retirement. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. c. Recognizing Firefighter Kevin W. Ramsey, Fire and Emergency Medical Services Department, Upon His Retirement On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, Firefighter Kevin W. Ramsey retired from the Chesterfield Fire and Emergency Medical Services Department on June 1, 2025; and WHEREAS, Firefighter Ramsey completed Recruit School #27 in 1998 and faithfully served the residents of Chesterfield County for 27 years in various assignments as a Firefighter at the Dale, Ettrick, Buford, Bensley, Centralia, and Matoaca, Fire and EMS Stations; and 5/28/2025 Page 7 of 116 WHEREAS, Firefighter Ramsey served as a member of the Chesterfield Fire and EMS Technical Rescue Team from February 2012 to June 2025; and WHEREAS, Firefighter Ramsey was awarded a Unit Citation Award for his involvement in the successful outcome of a two-year-old pediatric patient who was choking on June 24,2001; and WHEREAS, Firefighter Ramsey was awarded Unit Citation Awards for his involvement in the successful outcome of patients suffering cardiac arrest on September 6, 2001, and on August 3, 2021; and WHEREAS, Firefighter Ramsey was awarded a Unit Citation Award for his involvement in the successful outcome of a 13-year-old who was trapped under a tree that had fallen into his house on Hill Road on September 25, 2006; and WHEREAS, Firefighter Ramsey was awarded a Unit Citation Award for his involvement in the successful outcome of a patient involved in a tree trimming accident on June 2, 2002; and WHEREAS, Firefighter Ramsey was awarded a Unit Citation Award for his involvement in the successful outcome of a tree service worker trapped due to a harness malfunction on Aspen Avenue on March 1,2010; and WHEREAS, Firefighter Ramsey was awarded a Unit Citation Award for his involvement in the successful outcome of a patient who fell into a well on January 29, 2013; and WHEREAS, Firefighter Ramsey was awarded a Unit Citation Award for his involvement in the successful outcome of a victim who was trapped under a vehicle on June 18, 2014; and WHEREAS, Firefighter Ramsey was awarded a Unit Citation Award for his involvement in the successful delivery of a healthy baby boy on September 6, 2021; and WHEREAS, Firefighter Ramsey was awarded a Unit Citation Award for his involvement in the successful extrication of a driver involved in a motor vehicle accident on April 7, 2022; and WHEREAS, Firefighter Ramsey was awarded an EMS Life Save Award for his involvement in the successful outcome of a patient suffering cardiac arrest on September 6, 2001. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the valuable contributions of Firefighter Kevin W. Ramsey, and expresses the appreciation of all residents for his service to the County, and extends appreciation for his dedicated service and congratulations upon his 5/28/2025 Page 8 of 116 retirement. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. d. Recognizing Firefighter Kristian Q. Andersen, Fire and Emergency Medical Services Department, Upon His Retirement On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, Firefighter Kristian Q. Andersen retired from the Chesterfield Fire and Emergency Medical Services Department on May 1, 2025; and WHEREAS, Firefighter Andersen completed Recruit School #35 in 2004 and faithfully served the residents of Chesterfield County for 20 years in various assignments as a Firefighter at the Manchester, Buford, Airport, Centralia, and Beach, Fire and EMS Stations; and WHEREAS, Firefighter Andersen served as a member of the Chesterfield Fire and EMS Hazardous Materials Response Team from December 2006 to June 2022; and WHEREAS, Firefighter Andersen served as an Advanced Life Support (ALS) provider beginning in 2009; and WHEREAS, Firefighter Andersen was awarded a Unit Citation Award for his involvement in the successful outcome of residents trapped due to a structure fire on Trickling Creek Road on March 2, 2007; and WHEREAS, Firefighter Andersen was awarded a Unit Citation Award for his involvement in the successful outcome of a structure fire on Glass Road on April 16, 2021; and WHEREAS, Firefighter Andersen was awarded a Unit Lifesave Award for his involvement in the successful outcome of a patient suffering cardiac arrest on August 17,2019; and WHEREAS, Firefighter Andersen was awarded a Unit Lifesave Award for his involvement in the successful outcome of a patient suffering cardiac arrest at the Chesterfield County Courthouse on August 3, 2021; and WHEREAS, Firefighter Andersen was awarded a Unit Lifesave Award for his involvement in the successful outcome of a patient who was found with multiple gunshot wounds to the chest on January 31, 2022; and WHEREAS, Firefighter Andersen was awarded a Certificate of Commendation for his involvement in the successful outcome of a pediatric Mass Casualty Incident involving seven children at John Randolph Medical Center on March 23, 2022; and WHEREAS, Firefighter Andersen was recognized as the Career Firefighter of the Year for the year 2019 for 5/28/2025 Page 9 of 116 his involvement in the refurbishment process of the Aircraft Rescue and Fire Fighting apparatus, and his involvement in the development of flammable liquids training for the Central Virginia Flammable Liquids Incident Response Task Force. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes the valuable contributions of Firefighter Paramedic Kristian Q. Andersen, and expresses the appreciation of all residents for his service to the County, and extends appreciation for his dedicated service and congratulations upon his retirement. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. e. Recognizing Martha Reiss, Accounting Department, Upon Her Retirement On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, Mrs. Martha Reiss retired on May 1, 2025, after providing more than 28 years of dedicated and faithful service to Chesterfield County; and WHEREAS, Mrs. Reiss began her career in public service with Chesterfield County as a Senior Accountant in April 1982; and WHEREAS, Mrs. Reiss held the position of Budget Analyst from 1990-1994, Senior Budget Analyst from 2002-2014, and Principal Utilities Accountant from 2014 to 2018; and WHEREAS, Mrs. Reiss joined Accounting in 2018 as a Financial Reporting Analyst III and was promoted to a Financial Reporting Analyst IV in 2019; and WHEREAS, Mrs. Reiss was responsible for financial reporting and accounting services for County and School funds, including the fair and accurate presentation of financial statements for those funds, ensuring compliance with generally accepted accounting principles, Governmental Accounting Standards Board (GASB) and Financial Accounting Standards Board pronouncements, and state and federal requirements; and WHEREAS, Mrs. Reiss dedicated herself to ensuring the fiscal integrity of the financial records of the county and school system, bringing a high level of professionalism and standards to the department, and contributing to the county receiving and maintaining a triple-AAA credit rating; and WHEREAS, with Mrs. Reiss’s contribution and dedication, Chesterfield County has continuously received the Certificate of Achievement in Financial Reporting from the GFOA for all the years of her tenure; and 5/28/2025 Page 10 of 116 WHEREAS, Mrs. Reiss contributed to the implementation of numerous GASB standards including improving accounting and information reporting for leases by governments using a single model under GASB 87, Leases, in 2022, and implementing uniform accounting and financial reporting requirements for subscription-based information technology arrangements (SBITAs)under GASB 96, Subscription- Based Information Technology Arrangements, in 2023; and WHEREAS, Mrs. Reiss’s commitment to providing the highest possible level of service through her dedication, commitment to excellence, professional contributions, and leadership qualities have left an indelible mark on the Accounting Department and her colleagues who have enjoyed working with her during the past 7 years. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Mrs. Martha Reiss for her almost 29 years of distinguished service to Chesterfield County, and extends sincere best wishes for a long, healthy, and happy retirement. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. f. Recognizing Corporal Dellwynn B. Oxendine, Police Department, Upon Her Retirement On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, Corporal Dellwynn B. Oxendine retired from the Chesterfield County Police Department on June 1, 2025, after providing over 22 years of quality service to the residents of Chesterfield County; and WHEREAS, Corporal Oxendine began her career with the Chesterfield Police Department as a pre-certified Police Officer with three years of previous law enforcement experience and faithfully served the county as a Police Officer First Class, Senior Police Officer, Master Police Officer, Career Police Officer and Corporal; and WHEREAS, Corporal Oxendine also served during her tenure as a School Resource Officer, Evidence Technician, Field Training Officer, and Crisis Intervention Team instructor; and WHEREAS, Corporal Oxendine earned an Achievement Award for her efforts in the implementation and evaluation of body worn camera usage by reviewing proposals and providing pertinent information from a patrol perspective; and WHEREAS, Corporal Oxendine received a Unit Citation as a member of the Community Police Unit, attending various meetings, ceremonies for schools and art centers, providing life changing experiences and 5/28/2025 Page 11 of 116 learning opportunities to the county’s youth population despite the COVID-19 pandemic; and WHEREAS, Corporal Oxendine received a Unit Citation as a member of the Community Engagement Unit, which is responsible for planning National Night Out, the goal of the event being to humanize the badge and encourage citizens to feel secure around police personnel; and WHEREAS, Corporal Oxendine was known for her dedication to gaining of the trust of vulnerable population members of the community, including coordinating and participating in functions for group homes and senior residence communities; and WHEREAS, Corporal Oxendine is recognized for her unwavering spirit to assist those in need, including those experiencing a mental health crisis, by applying her training and experience, along with her approachable demeanor to achieve peaceful resolutions; and WHEREAS, Corporal Oxendine is recognized for her effective communication skills and compassionate nature; and WHEREAS, Corporal Oxendine has received numerous letters of commendation, thanks and appreciation from supervisors and residents for services rendered; and WHEREAS, Corporal Oxendine 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 Oxendine's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors recognizes Corporal Dellwynn B. Oxendine 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: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. g. Recognizing Doneva "Donnie" A. Dalton, Police Department, Upon Her Retirement On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, Doneva “Donnie” A. Dalton will retire from the Chesterfield County Police Department on June 1, 2025 after providing nearly 30 years of outstanding quality service to the residents of Chesterfield County, 17 of which were with Police; and WHEREAS, Mrs. Dalton began her career with the county 5/28/2025 Page 12 of 116 beginning in 1995 as an Office Assistant with Chesterfield County Public Schools, and in 2008, joined the Police Department and served as a Senior Office Assistant, Secretary, Administrative Secretary and Administrative Assistant; and WHEREAS, Mrs. Dalton served at three schools including Manchester High School, Providence Middle School, and Manchester Middle School; and WHEREAS, Mrs. Dalton was presented with a Chief’s Commendation recognizing her unmatched work ethic, immeasurable dedication and total commitment during her entire time with the police department and for quietly and diligently going above and beyond the call of duty without hesitation when assigned to the Internal Affairs Department, making herself available if needed on nights, weekends and while on vacation; and WHEREAS, Mrs. Dalton volunteered to assist with the Body Worn Camera project to gain a better understanding how this new process would affect the Police Department and the job functions and responsibilities within the Internal Affairs Department; and WHEREAS, Mrs. Dalton volunteered for many years on the Awards Ceremony Committee, the Police Memorial Ceremony Committee, Volunteer Recognition Ceremony, Promotional Ceremony and consistently assisted with the National Night Out event; and WHEREAS, Mrs. Dalton served as the secretary to the Towing Advisory Board and kept minutes for all meetings; and WHEREAS, Mrs. Dalton donned the costume and became “McGruff the Crime Dog” on multiple occasions for the annual National Night Out event while she worked in the police Community Services Division; and WHEREAS, Mrs. Dalton was consistently recognized by her supervisors as being the consummate professional and dedicated team player; and WHEREAS, Mrs. Dalton 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. Dalton's diligent service. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors publicly recognizes Doneva “Donnie” A. Dalton 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: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 5/28/2025 Page 13 of 116 h. Confirming Official Intent to Reimburse Public Utility Expenditures With Proceeds of Bonds On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: RESOLUTION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF A BORROWING WHEREAS, the County of Chesterfield, Virginia (the “County”), intends to undertake certain capital improvement projects for the County for public utility purposes, including but not limited to [(a) building improvements, (b) land acquisition and (c) site improvements] (collectively, the “Project”); and WHEREAS, plans for the Project have advanced, and the County expects to advance its own funds to pay expenditures related to the Project (the “Expenditures”) prior to incurring indebtedness and to receive reimbursement for such Expenditures from proceeds of tax-exempt bonds; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: 1. The County intends to utilize the proceeds of one or more series of tax-exempt bonds (the “Bonds”) in an amount not currently expected to exceed $200,000,000 to pay the costs of the Project. 2. The County intends the proceeds of the Bonds be used to reimburse the County for Expenditures made on or after the date no more than 60 days prior to the date hereof. The County reasonably expects on the date hereof it will reimburse the Expenditures with the proceeds of the Bonds or other debt. 3. Each Expenditure was or will be, unless otherwise approved by bond counsel, either (a) of a type properly chargeable to a capital account under general federal income tax principles (determined in each case as of the date of the Expenditure), (b) a cost of issuance with respect to the Bonds, (c) a nonrecurring item not customarily payable from current revenues or (d) a grant to a party not related to or an agent of the County so long as such grant does not impose any Bond or condition (directly or indirectly) to repay any amount to or for the benefit of the County. 4. The County intends to make a reimbursement allocation, which is a written allocation by the County that evidences the County’s use of proceeds of the Bonds to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. The County recognizes exceptions are available for certain “preliminary expenditures,” costs of 5/28/2025 Page 14 of 116 issuance, certain de minimis amounts, expenditures by “small issuers” (based on the year of issuance and not the year of expenditure) and expenditures for construction of at least five years. 5. The County intends the adoption of this resolution confirms the “official intent” within the meaning of Treasury Regulations Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. 6. This resolution shall take effect immediately upon its passage. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 2. Real Property Requests a. Acceptance of Parcels of Land 1. Acceptance of Parcels of Land Adjacent to Meadowville Road and Meadowville Lane from Lego Manufacturing Richmond Inc. and Topsoe Soec Production US Inc. On motion of Mr. Carroll, seconded by Dr. Miller, the Board accepted the conveyances of three parcels of land containing a total of 0.100 acres adjacent to Meadowville Road and Meadowville Lane from Lego Manufacturing Richmond Inc. and Topsoe Soec Production US Inc. and authorized the County Administrator to execute the deeds. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 2. Acceptance of Parcels of Land Adjacent to Alverser Drive and Old Buckingham Road from Midlothian Depot, LLC On motion of Mr. Carroll, seconded by Dr. Miller, the Board accepted the conveyance of three parcels of land containing a total of 9,494 square feet/0.218 acres adjacent to Alverser Drive and Old Buckingham Road from Midlothian Depot, LLC and authorized the County Administrator to execute the deed. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 3. Acceptance of a Parcel of Land Adjacent to Courthouse Road from the Trustees of Good News Free Will Baptist Church On motion of Mr. Carroll, seconded by Dr. Miller, the Board accepted the conveyance of a parcel of land containing 0.167 acres adjacent to Courthouse Road from the Trustees of Good News Free Will Baptist 5/28/2025 Page 15 of 116 Church and authorized the County Administrator to execute the deed. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. b. Requests to Quitclaim 1. Request to Quitclaim a Sewer Easement, Temporary Construction Easements, and a Portion of a Drainage Easement Across Property Owned by 5100 Courthouse Road LLC On motion of Mr. Carroll, seconded by Dr. Miller, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to quitclaim a sewer easement, temporary construction easements, and a portion of a drainage easement, across property owned by 5100 Courthouse Road LLC. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 2. Request to Quitclaim Water Easements Across the Property Owned by Consolidated Sales Company, Incorporated On motion of Mr. Carroll, seconded by Dr. Miller, the Board authorized the Chairman of the Board of Supervisors and the County Administrator to execute a quitclaim deed to quitclaim water easements across the property owned by Consolidated Sales Company, Incorporated. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. c. Requests for Permission 1. Request Permission to Allow a Private Water Service Within a Proposed Private Water Easement to Serve the Property at 11901 Silbyrd Drive On motion of Mr. Carroll, seconded by Dr. Miller, the Board granted permission to allow a private water service within a new private water easement to serve property at 11901 Silbyrd Drive and authorized the County Administrator to execute the water connection agreement. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 2. Request Permission to Allow a Private Sewer Service Within a Proposed Private Sewer Easement to Serve the Property at 8063 Sykes Road 5/28/2025 Page 16 of 116 On motion of Mr. Carroll, seconded by Dr. Miller, the Board granted permission to allow a private sewer service within a new private sewer easement to serve property at 8063 Sykes Road and authorized the County Administrator to execute the sewer connection agreement. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 3. Set Public Hearing for June 25, 2025 a. To Consider a Siting Agreement with Hermon Energy On motion of Mr. Carroll, seconded by Dr. Miller, the Board set June 25, 2025, as the date for a public hearing to consider a siting agreement with Hermon Energy. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. b. To Consider the Quitclaim of a Portion of County Right-Of-Way Adjacent to Warbro Road On motion of Mr. Carroll, seconded by Dr. Miller, the Board set June 25, 2025, as the date to hold a public hearing to consider the quitclaim of a portion of right-of-way adjacent to Warbro Road. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. c. To Consider the Lease of County Property at 3401 Courthouse Road On motion of Mr. Carroll, seconded by Dr. Miller, the Board set June 25, 2025, as the date to hold a public hearing to consider the lease of county property at 3401 Courthouse Road to New Cingular Wireless PCS, LLC (AT&T). Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. d. To Consider a Lease Amendment for County Property at 11730 River Road On motion of Mr. Carroll, seconded by Dr. Miller, the Board set June 25, 2025, as the date to hold a public hearing to consider a lease amendment for County property at 11730 River Road with New Cingular Wireless PCS, LLC (AT&T) at the Union Branch Tower. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. e. To Consider the Conveyance of an Underground Easement to Southside Electric Cooperative at Lake Chesdin Park On motion of Mr. Carroll, seconded by Dr. Miller, the Board set June 25, 2025, as the date to hold a public 5/28/2025 Page 17 of 116 hearing to consider the conveyance of a 20’ underground easement to Southside Electric Cooperative at Lake Chesdin Park. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 4. Appropriation of Funds for the Fall Line Trail: Route 1 (Dwight Avenue – Gettings Lane) Project On motion of Mr. Carroll, seconded by Dr. Miller, the Board appropriated $184,192 in anticipated Virginia Department of Transportation (VDOT) reimbursements for the Fall Line Trail: Route 1 (Dwight Avenue – Gettings Lane) Project. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 5. Appropriation of State Bonus Funds for Standards of Quality (SOQ) Funded Instructional Positions On motion of Mr. Carroll, seconded by Dr. Miller, the Board appropriated $6,722,732 to the School Operating Fund and $60,876 to the Appomattox Regional Governor's School for the purpose of providing one- time state-funded bonus payments to SOQ-funded instructional positions. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 6. Authorization of Receipt and Appropriation of VDEM Virginia 9-1-1 Services Board NG911 Additional Funding Grant On motion of Mr. Carroll, seconded by Dr. Miller, the Board authorized the acceptance and appropriation of grant funds from the Virginia Department of Emergency Management's 9-1-1 Services Board, NG911 Additional Funding Grant, in the amount of $358,008. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 7. Authorization of Receipt and Appropriation of Funds from the Department of Behavioral Health & Developmental Services to Expand Community-Based Treatment for Substance Use and Dependence On motion of Mr. Carroll, seconded by Dr. Miller, the Board approved the receipt and appropriation of $381,793 in additional State General Fund support for the Community Services Board to expand Community Based Treatment for substance use and dependence. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 8. Authorization to Execute a Lease Amendment for the Swift Creek Police Station On motion of Mr. Carroll, seconded by Dr. Miller, the Board authorized the County Administrator to execute 5/28/2025 Page 18 of 116 a lease amendment for the Swift Creek Police Station located at 6812 and 6816 Woodlake Commons Loop. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 9. Award of Requirements Contract for Building Commissioning Services On motion of Mr. Carroll, seconded by Dr. Miller, the Board authorized the Director of Procurement to award a contract to Facility Dynamics, RMF Engineering, Inc., Smart Building Strategies, and Bureau Veritas North for Commissioning Authority Services for County and Schools construction, renovation, and major maintenance projects. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 10. Award of Construction Contract and Potential Change Orders for the Rockwood Park Athletic Fields Improvements Project On motion of Mr. Carroll, seconded by Dr. Miller, the Board authorized the Director of Procurement to award a construction contract for $2,944,383.05 to The LandTek Group, LLC and approve all necessary change orders, up to the amount budgeted for the project. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 11. Acceptance of State Roads On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: WHEREAS, the streets described below are shown on a plat recorded in the Clerk’s Office of the Circuit Court of Chesterfield County; and WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised this Board the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to Sections 33.2- 705 and 33.2-334, Code of Virginia, and the Department’s Subdivision Street Requirements. AND, BE IT FURTHER RESOLVED, that this Board guarantees a clear and unrestricted right-of-way, as described, and any necessary easements for cuts, fills and drainage. AND, BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. 5/28/2025 Page 19 of 116 Project / Subdivision: Enon Station Section 1 Type Change to the Secondary System of State Highways: Additions Reason for Change: New Streets Street Name and/or Route Number Enon Station Drive, State Route Number 8637 From: Enon Station Place, (Route 8638) To: 0.08 miles northeast of Enon Station Place, (Route 8638), a distance of 0.08 miles Recordation Reference: Plat Book 305, Page 95 Right of Way width (feet) = 48 Enon Station Drive, State Route Number 8637 From: Enon Church Road, (Route 746) To: 0.19 miles east of Enon Church Road, (Route 746), a distance of 0.19 miles Recordation Reference: Plat Book 305, Page 95 Right of Way width (feet) = 48 Enon Station Drive, State Route Number 8637 From: 0.19 miles east of Enon Church Road, (Route 746) To: Enon Station Place, (Route 8638), a distance of 0.19 miles Recordation Reference: Plat Book 305, Page 95 Right of Way width (feet) = 48 Enon Station Place, State Route Number 8638 From: Enon Station Drive, (Route 8637) To: The cul-de-sac, a distance of 0.17 miles Recordation Reference: Plat Book 305, Page 95 Right of Way width (feet) = 48 And, further, the Board adopted the following resolution: WHEREAS, the street described below is 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 street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street 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. 5/28/2025 Page 20 of 116 Project / Subdivision: Center Pointe Parkway Road Improvements (Market Center Drive) Type Change to the Secondary System of State Highways: Addition Reason for Change: New Street Street Name and/or Route Number Market Center Drive, State Route Number 8496 From: Center Pointe Parkway, (Route 6040) To: Charter Colony Parkway (Route 950), a distance of 0.22 miles Recordation Reference: Plat Book 276, Page 59 Right of Way width (feet) = 75 And, further, the Board adopted the following resolution: WHEREAS, the street described below is 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 street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street 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: Boschen Woods Type Change to the Secondary System of State Highways: Addition Reason for Change: New Street Street Name and/or Route Number Boschen Woods Place, State Route Number 8640 From: Beach Road, (Route 655) To: The cul-de-sac, a distance of 0.57 miles Recordation Reference: Plat Book 314, Page 1 Right of Way width (feet) = 47 And, further, the Board adopted the following resolution: WHEREAS, the street described below is 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 5/28/2025 Page 21 of 116 Department of Transportation has advised this Board the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street 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: Hammock Creek at Magnolia Green Type Change to the Secondary System of State Highways: Addition Reason for Change: New Street Street Name and/or Route Number Hammock Creek Drive, State Route Number: 8639 From: Woolridge Road, (Route 7766) To: 0.17 miles north of Woolridge Road, (Route 7766), a distance of 0.17 miles Recordation Reference: Plat Book 295, Page 39 Right of Way width (feet) = 50 And, further, the Board adopted the following resolution: WHEREAS, the street described below is 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 street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the streets described below to the secondary system of state highways, pursuant to 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. 5/28/2025 Page 22 of 116 Project / Subdivision: Harpers Mill Northeast - Section 10 Type Change to the Secondary System of State Highways: Addition Reason for Change: New Street Street Name and/or Route Number Hartridge Drive, State Route Number 7996 From: 0.01 miles east of Amington Lane, (Route 8027) To: The cul-de-sac, a distance of 0.22 miles Recordation Reference: Plat Book 302, Page 35 Right of Way width (feet) = 50 And, further, the Board adopted the following resolution: WHEREAS, the street described below is 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 street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, that this Board requests the Virginia Department of Transportation to add the street 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: Brixham Drive (Remainder) Type Change to the Secondary System of State Highways: Addition Reason for Change: New Street Street Name and/or Route Number Brixham Drive, State Route Number 1773 From: Scherer Drive, (Route 1893) To: Mohawk Drive, (Route 1759), a distance of 0.09 miles Recordation Reference: Deed Book 12, Page 15 Right of Way width (feet) = 50 Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 13. Fifteen-Minute Citizen Comment Period on Unscheduled Matters 5/28/2025 Page 23 of 116 There were no speakers on unscheduled matters at this time. 14. Deferred Items from Previous Meetings There were no deferred items from previous meetings. 15. Zoning Requests A. 24SN1284 - Stevenson Fence Height Exception - Dale In Dale Magisterial District, Stevenson Fence Height Exception is a request for conditional use planned development to permit a 2-foot exception to the 4- foot height limitation for a fence in a corner side yard and amendment of zoning district map in a Residential (R-7) District on 0.23 acres known as 5200 Goldburn Drive. The Comprehensive Plan suggests the property is appropriate for Suburban Residential II use (2 to 4 dwellings per acre). Tax ID 777-674- 1835. Ms. Wilson introduced Case 24SN1284. She stated the Planning Commission and staff recommended approval, subject to the conditions in the staff report. Mr. Ingle called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Carroll, the Board approved Case 24SN1284, subject to the following conditions: Conditions 1. The fence shall be maintained in the same general location on the Property as depicted in Exhibit A, with a maximum height of six (6) feet. In addition to general maintenance, the fence may be replaced as needed, but shall not be expanded or enlarged or substantially deviate from the location depicted in Exhibit A. (P) 2. Within thirty (30) days of zoning approval, the applicants must provide documentation of a Perpetual Land Use Permit issued and approved by the Virginia Department of Transportation that permits a portion of the fence to remain in the Right of Way as depicted in Exhibit A. (P) Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. B. 24SN1299 - Silverdust Lane Family Day Care Home - Bermuda In Bermuda Magisterial District, Silverdust Lane Family Day Care Home is a request for conditional use to permit a family day care home for up to 12 children and amendment of zoning district map in a Residential (R-15) District on 0.34 acre known as 13507 Silverdust Lane. The Comprehensive Plan suggests the property is appropriate for Suburban 5/28/2025 Page 24 of 116 Residential II use (2 to 4 dwellings per acre). Tax ID 812-650-3625. Ms. Wilson introduced Case 24SN1299. She stated the Planning Commission and staff recommended approval, subject to the conditions in the staff report. Mr. Ingle 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 24SN1299, subject to the following conditions: Conditions 1. Non-Transferable Ownership. This conditional use approval shall be granted to and for Nicole and Kermit Marshall, exclusively, and shall not be transferable nor run with the land. (P) 2. Expansion of Use. There shall be no exterior additions or alterations to the existing structure to accommodate the use. (P) 3. Signage. There shall be no signs permitted to identify this use. (P) 4. Number of Children. This conditional use approval shall be limited to providing care, protection and guidance to a maximum of twelve (12) children, other than the applicant’s own children, at any one time. (P) 5. Hours of Operation. Hours and days of operation shall be limited to Monday through Friday 6:30 a.m. to 6 p.m. There shall be no Saturday or Sunday operation of this use. (P) 6. Fenced Outdoor Play Areas. Any outdoor play area and/or recreational equipment utilized by the family day-care home shall be located in the side or rear yard of the property. Outdoor play and/or recreational equipment areas shall have perimeter fencing of at least four (4) feet in height, installed around the equipment or play area. (P) 7. Employees. No more than two (2) employees shall be permitted to work on the premises, other than family member employees who live on the premises. (P) Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. C. 24SN1319 - Pollo Campero at Hopkins Road Exceptions - Dale In Dale Magisterial District, Pollo Campero at Hopkins Road Exceptions is a request for conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map in a Community Business (C-3) District on 0.52 acre known as 5610 Hopkins Road. The Comprehensive Plan suggests the property is appropriate for Community Business use. Tax ID 780- 687-8304. 5/28/2025 Page 25 of 116 Ms. Wilson introduced Case 24SN1319. She stated the Planning Commission and staff recommended approval, subject to the conditions in the staff report. Mr. Ingle called for public comment. Renae Eldred stated she was not opposed to the case itself, but she expressed concerns about the condition of the shopping center's pavement markings for parking. There being no one else to speak to the issue, the public hearing was closed. Mr. Holland agreed with Ms. Eldred's point about pavement markings and asked Planning staff to look into it. On motion of Mr. Holland, seconded by Dr. Miller, the Board approved Case 24SN1319, subject to the following conditions: Proffered Conditions The Applicant hereby proffers the following conditions, applicable to the Property: 1. Master Plan. The Textual Statement dated March 20, 2025 shall be considered the Master Plan. (P) 2. Exhibits. These proffers shall include the following exhibits, which by this reference is made a part hereof: a. Exhibit A— conceptual plan entitled, “CONCEPTUAL PLAN”, prepared by Bohler Engineering, dated November 13, 2024, and last revised March 13, 2025. b. Exhibit B- landscape plan entitled, ‘CONCEPTUAL LANDSCAPE,” prepared by Bohler Engineering, dated February 14, 2025, revised March 18, 2025. c. Exhibit C- exterior building elevations entitled, “R028-VA-Richmond (Relo), 10051 Midlothian Turnpike, Richmond, VA 23235,” prepared by NAHRA Design Group, dated February 20, 2024. (P) 3. Utilities. Public water and wastewater systems shall be used. (U) 4. Sidewalk. Owner/Developer shall provide a VDOT standard sidewalk along the Property’s frontage to Hopkins Road (Route 637) and Bonniebank Road and dedicate necessary right-of-way and/or easements to accommodate this improvement. (T) 5. Conceptual Elevations. Any fast-food or drive- in restaurant use shall generally conform to the elevations provided in Exhibit C. (P) Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. D. 25SN1010 - Herlong Tree Service Renewal - Matoaca 5/28/2025 Page 26 of 116 In Matoaca Magisterial District, Herlong Tree Service Renewal is a request for a conditional use to permit a business from the home (tree service) and amendment of zoning district map in an Agricultural (A) District on 1.19 acres known as 10630 Qualla Road. The Comprehensive Plan suggests the property is appropriate for Residential Agricultural use. Tax ID 740-657-2840. Ms. Wilson introduced Case 25SN1010. She stated the Planning Commission and staff recommended approval, subject to the conditions in the staff report. Mr. Ingle 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 25SN1010, subject to the following conditions: Conditions 1. Non-Transferable Ownership. This Conditional Use approval shall be granted exclusively to Maria Louisa Herlong and Danny Neale Herlong and shall not be transferable with the land. (P) 2. Use. This Conditional Use approval shall be for the operation of a business (tree service), incidental to a dwelling. (P) 3. Equipment Storage. As a part of this business the following equipment and material may be stored on the property. No other equipment for this use may be allowed: • Two (2) Service trucks • One (1) Trailer • One (1) Stump grinder • One (1) Log splitter. • Firewood (P) 4. Location of Use. The use shall be confined to the rear of the house as reflected in Exhibit A. (P) 5. Buffer. A minimum twenty (20) foot buffer shall be maintained along the northern, southern property lines, to the rear of the residence, and along the western property line. These buffers shall comply with the requirements of the Ordinance for buffers that are less than fifty (50) feet. (P) 6. Employees and Clients. No more than four (4) employees shall be permitted to work on the premises other than family member employees that live on the premises. No clients shall be permitted on the property. (P) 7. Signage. There shall be no signs identifying this use. (P) 8. Hours of Operation. Movement of equipment shall be limited to Monday through Saturday from 7:00 a.m. 5/28/2025 Page 27 of 116 to 5:00 p.m. (P) Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. E. 24SN1356 - Park West Circle Communications Tower - Clover Hill In Clover Hill Magisterial District, Park West Circle Communications Tower is a request for a conditional use to permit a communications tower facility and amendment of zoning district map in a Corporate Office (O-2) District on 3.5 acres fronting approximately 500 feet on the north line of Lucks Lane, 200 feet east of Charter Colony Parkway. The Comprehensive Plan suggests the property is appropriate for Regional Mixed Use. Tax ID 728-695- 0311. Ms. Wilson introduced Case 24SN1356. She stated the Planning Commission and staff recommended approval, subject to the conditions in the staff report. Mr. Ingle called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Ms. Schneider, seconded by Mr. Holland, the Board approved Case 24SN1356, subject to the following conditions: Conditions 1. Signage. There shall be no signs permitted to identify this use except those required by FCC or other regulatory body. (P) 2. Fencing. The base of the tower shall be enclosed by a minimum six (6) foot high fence, designed to preclude trespassing. The fence shall be placed so as to provide sufficient room between the fence and the lease area to accommodate evergreen plantings having an initial height and spacing, as prescribed in Condition 4, to provide screening of the base of the tower and accessory ground-mounted equipment or structures. (P) 3. Buffers. A 50-foot buffer shall be maintained along the northern, southern and western boundaries of the tower compound as shown on Exhibit C. No trees may be removed from this buffer area except (i) to the extent such trees are dead, diseased or dying, or (ii) in connection with the construction of the access road or removal of the communication tower. (P) 4. Landscaping. To provide adequate screening, where buffers are not required, landscaping in accordance with the planting schedule provided on Exhibit D and shall be installed at a minimum height of six (6) feet at a rate of eight to ten feet on center. (P) 5/28/2025 Page 28 of 116 5. Tower Design. The color, design and lighting system for the tower shall be as follows: a. The tower shall be gray or other neutral color. b. The tower shall not be lighted. c. The tower shall be a monopole structure with sector array mounted antennas. d. Any satellite dish and microwave dish antennas attached to the telecommunications tower shall not exceed six (6) feet in diameter and shall be of a neutral color with no logos. e. Cables shall be run within the interior of the tower to the extent technically practicable. (P) 6. Equipment Screening. Any building or mechanical equipment shall comply with the Zoning Ordinance relative to architectural treatment of building exteriors and screening of mechanical equipment in O, C and I Districts. (P) 7. Structural Integrity. In conjunction with site plan approval, the owner of the tower shall obtain certification of the structural integrity by a registered professional engineer licensed in Virginia and a copy of the report filed with the Planning Department. (P) 8. Tower Height. The tower shall not exceed a height of 199 feet. (P) 9. Dismantling and Decommissioning. At such time that the telecommunications tower ceases to be used for communications purposes for a period exceeding twelve (12) consecutive months, the property owner(s) and/or cell tower owner(s) and/or lessee(s) shall dismantle and remove the tower and all associated equipment from the property. (P) 10. Site Access. The tower shall receive access from Park West Circle as generally shown on Exhibit E. Rights of access and use of Park West Circle shall be memorialized and referenced on the approved site plan. (P) 11. Co-Location. The Tower shall be designed and constructed to accommodate up to three (3) carriers to co-locate on the tower, in addition to the applicant’s initial sector array installation as outlined on Exhibit A. (P) 12. Tower Fall Zone. The tower shall be designed and constructed to support the antennas and related equipment of at least three (3) carriers, including the Applicant’s initial sector array. (P) Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. F. 24SN1114 - Retreat at Rivers Bend Rezoning & Exceptions - Bermuda 5/28/2025 Page 29 of 116 In Bermuda Magisterial District, Retreat at Rivers Bend Rezoning & Exceptions is a request to rezone from Neighborhood (C-2) and Residential (R-15) District to Multifamily Residential (R-MF) plus conditional use planned development to permit exceptions to ordinance requirements and amendment of zoning district map known as 12330 Kingston Avenue. The 10.87 acre property is proposed for a maximum development of 206 dwelling units. The Comprehensive Plan suggests the property is appropriate for Neighborhood Business use. Tax ID 817-656-0349. Mr. Rich Saunders provided the Board with an overview of Case 24SN1114. He stated the Planning Commission and staff recommended approval, subject to the conditions in the staff report. Mr. Ingle called for public comment. Kim Lacy, representing the applicant, presented additional information about the case. Pat Bockford stated the zoning case to allow for the change to senior living should be approved without further debate. Jerry Turner stated he is not against the case, but he is concerned about lack of parking. Ms. Lacy provided responses to concerns raised by the speakers. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Ingle, seconded by Dr. Miller, the Board approved Case 24SN1114, subject to the following conditions: Proffered Conditions The Owner-Applicant in this rezoning Case 24SN1114 pursuant to Section 15.2-2298 of the Code of Virginia (1950, as amended) and the Zoning Ordinance of Chesterfield County, Virginia, for itself and its successors or assigns, proffers the development of the approximately 10.87 acres (the “Property”) with the Chesterfield County Tax Identification Number 817656034900000 under consideration will be developed according to the following conditions; however, in the event this request is denied or approved with conditions not agreed to by the Owner-Applicant, these proffers shall be immediately null and void and of no further force or effect. 1. Master Plan. The Textual Statement dated April 7, 2025 shall be considered the Master Plan for the Property. (P) 2. Exhibits. These proffers shall include the following exhibits which by this reference are made a part hereof: a. Exhibit A - conceptual plan entitled, 5/28/2025 Page 30 of 116 “THE RETREAT AT RIVERS BEND – AGE RESTRICTED CONCEPTUAL PLAN” prepared by Poole & Poole Architecture, LLC and dated April 7, 2025, attached hereto as Exhibit A (“Conceptual Plan”). b. Exhibit B- conceptual renderings entitled, “THE RETREAT AT RIVERS BEND – AGE RESTRICTED CONCEPTUAL RENDERINGS” prepared by Poole & Poole Architecture, LLC and dated January 16, 2025, attached hereto as Exhibit B (“Conceptual Renderings”). (P) 3. Utilities. a. Public water and wastewater systems shall be used. b. The developer shall submit to the Utilities Department for review and approval a wastewater system hydraulic analysis to verify downstream capacity, prior to or in conjunction with the first site or construction plan submittal. Any capacity related improvements necessary to support the wastewater demands of this development shall be the responsibility of the developer and shall be reflected on the site or construction plan. (U) 4. Access. a. There shall be no direct vehicular access to/from the Property to/from Rivers Bend Boulevard and Rivers Bank Boulevard. b. Vehicular access to Hogans Alley shall be limited to emergency access (gated) only as approved by the Fire Department, unless otherwise approved by the Planning Commission. (T) 5. Road Cash Proffer. The owner/developer shall pay $2,914 for each dwelling unit to Chesterfield County for road improvements within the service district for the Property. 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 such fees. (T) 6. Age Restriction. Except as otherwise prohibited by the Virginia Fair Housing Law, the Federal Fair Housing Act, and such other applicable federal, state or local legal requirements, the dwelling units shall be restricted to “housing for older persons” as defined in the Virginia Fair Housing Law and no persons under 19 years of age shall reside therein. (P) 7. Recreational Amenities. A resident courtyard with pergola or cabana with fans and heat, designated lounging areas, music, lighting, outdoor seating, outdoor television, outdoor fireplace or fire pit, and grilling station shall be provided. A clubhouse with a swimming pool shall be provided, and will feature a full-service kitchen for entertainment, coffee bar, and leisure/gaming areas. The clubhouse may be contained within a residential building or 5/28/2025 Page 31 of 116 within a separate building. Additional amenities to be provided include a fitness studio with cardio equipment and separate area for yoga and group fitness activities; a business center with wi-fi, computers, printer and small conference/videoconferencing area; secured bicycle storage; a mail package room with electronic access; electronic vehicle charging stations; a car wash area; a fenced “pet park” with drinking station, benches, and shade structure; and an indoor “pet spa” for dog washing, grooming, and hair/fur dryers shall be provided. (P) 8. Pedestrian Connectivity. Overall site grading and layout will be planned to facilitate pedestrian traffic. The development shall provide sidewalks, crosswalks, street trees and green spaces to create pedestrian corridors. VDOT standard sidewalks shall be provided along the Property’s frontage to Rivers Bank Boulevard, Rivers Bend Boulevard, and N. Kingston Avenue, with modifications approved by the Planning Department. Sidewalk improvements shall include pedestrian crosswalks at the following locations, if approved by VDOT at the time of plans review: across Hogans Alley at Rivers Bank Boulevard; across N. Kingston Avenue at Hogans Alley, Rivers Bend Boulevard, and a mid-block crosswalk; and across Rivers Bank Boulevard at Rivers Bend Boulevard. Locations are generally shown on the Conceptual Plan attached hereto as Exhibit A. Unless otherwise approved by the Planning Department at the time of plans review, the improvements noted above shall be completed prior to issuance of the first certificate of occupancy on the Property. (P) 9. Architectural Standards and Exterior Materials. The exterior portions of any building wall surfaces above finished grade, excluding windows, doors, breezeways, gables and architectural design features, shall be constructed of brick, brick veneer, glass, stone, stone veneer, split face block, cementitious siding, composite-type siding, engineered wood (e.g. LP Smartside), or any combination of the foregoing with a minimum of 30% of exterior portions of any building wall surface above finished grade to be constructed of brick, stone, or masonry, unless different architectural treatment and/or materials are specifically approved with respect to the exposed portion of any such wall at the time of plan review. (P) 10. Foundation Planting. Foundation plantings shall generally be provided along all building facades. Foundation planting beds shall be a minimum of four (4) feet wide measured from the building foundation. Planting beds shall be defined with a trenched edge or suitable landscape edging material. Planting beds shall include medium shrubs spaced a maximum of four (4) feet apart. Building corners shall be visually softened with vertical accent shrubs 4-5 feet in height at the time of planting or small evergreen trees 6-8 feet in height at the time of planting. (P) 5/28/2025 Page 32 of 116 11. Mechanical Unit; Screening. Any mechanical units shall be ground mounted or roof mounted. Any mechanical units that are ground mounted shall be screened with landscaping or a low maintenance material fence designed to complement the architecture. Screening shall be designed so as to block such mechanical units from view by persons on any public streets. The specific method of screening shall be approved at the time of plan review. (P) 12. Security. a. Electronic access control readers (key fob, smartphone, pushbutton keypad or other similar device) shall be installed at electronically access controlled building entrances for emergency Police/Fire access. Unique, Police/Fire-only access shall be provided to the Chesterfield County Emergency Communications Center (“County ECC”) prior to any certificate(s) of occupancy being issued. b. Prior to any certificate(s) of occupancy being issued, owner shall provide a labeled PDF copy of the building floor plans to the County ECC to facilitate emergency police response. c. Evergreen shrubs and trees with mature natural growth habits greater than three (3) feet in height shall not be planted within a 10-foot radius of common building entrances or exits. d. Owner/developer shall install full cut- off, pole-mounted, minimum 70 CRI-rated LED luminaires to illuminate surface parking areas and sidewalks with a minimum maintained illumination level of 0.5 foot-candles, as measured at grade. (Police) 13. Tree Preservation. Healthy existing trees currently existing within the setback areas as provided in the Textual Statement shall be preserved to the maximum extent possible and incorporated in a landscape plan to be submitted to the Planning Department at the time of plans review. Any setback areas without healthy existing trees shall be planted and maintained in accordance with County Zoning Ordinance requirements for Perimeter Landscaping C, including the ability to use berms a minimum of three feet (3’) in height. All plantings shall be indigenous and drought resistant. Any dead or diseased vegetation, noxious plants, or invasive species may be removed from such buffer. (P) Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. G. 25SN1040 - Watkins Centre South - Midlothian In Midlothian Magisterial District, Watkins Centre South is a request to rezone from Agricultural (A) and General Industrial (I-2) to General Industrial (I-2) and amendment of zoning district map on 349.97 acres consisting of 8 parcels known as 750 Watkins Centre Parkway et al. The Comprehensive Plan suggests the property is appropriate for Corporate 5/28/2025 Page 33 of 116 Office/Research & Development/Light Industrial uses. Tax IDs 715-705-2469; 715-706-3037; 716-704-3345; 716-706-Part of 9720; 717-703-Part of 6286, 718-702- Part of 4669; 718-705-6022; and 718-706-3636. Mr. Rich Saunders provided the Board with an overview of Case 25SN1040. He stated the Planning Commission and staff recommended approval, subject to the conditions in the staff report. Mr. Ingle called for public comment. Kim Lacy, representing the applicant, presented additional information about the case. Charles Skelly with IBEW Local 666 spoke in support of the case, citing opportunities for work and training. Robert Damiani spoke in favor of the case because big business is low impact to the community. John Martin with RVA757 Connects spoke of the benefits of local data centers. Solomon Zhandira asked the Board to support the project. John Easter, appearing on behalf of ChamberRVA, spoke of the benefits of data centers, including job opportunities and tax revenue. Dave Stritzinger inquired about backup power supply and on-site storage of diesel fuel and encouraged the Board to know what it is buying. Ms. Lacy provided responses to concerns raised by the speakers. Discussion and questions ensued relative to the information provided during the presentation. There being no one else to speak to the issue, the public hearing was closed. On motion of Dr. Miller, seconded by Mr. Carroll, the Board approved Case 25SN1040, subject to the following conditions: Proffered Conditions The Owner-Applicant in this rezoning Case 25SN1040, pursuant to Section 15.2-2298 of the Code of Virginia (1950, as amended) and the Zoning Ordinance of Chesterfield County, Virginia, for itself and its successors or assigns, proffers the development of the approximately 349.97+/- total acres with Chesterfield County, Virginia (“County”) Tax Identification Numbers 715706303700000 (1.1 +/- acres; 218 Dry Bridge Rd), 715705246900000 (40.82+/- acres; 721 Old Hundred Rd), 716706972000001 (in part)(73.7 +/- acres; 750 Watkins Centre Pkwy), 718705602200000 (67.8 +/- acres; 760 Watkins Centre Pkwy), 718706363600000 (5.1 +/- acres; 751 Watkins 5/28/2025 Page 34 of 116 Centre Pkwy), 717703628600000 (in part) (71.5 +/- acres; 800 Otterdale Rd), 718702466900000 (in part)(25 +/- acres; 900 Otterdale Rd), and 716704334500000 (64.95 +/- acres; 961 Old Hundred Rd), (collectively, the “Property”) under consideration will be developed according to the following conditions; however, in the event this request is denied or approved with conditions not agreed to by the Owner-Applicant, these proffers shall be immediately null and void and of no further force or effect. 1. Conceptual Plan. Development of the Property shall generally conform to the conceptual plan entitled, “WATKINS CENTRE SOUTH CONCEPTUAL PLAN, CHESTERFIELD COUNTY, VA” prepared by Timmons Group dated March 27, 2025 and attached hereto as Exhibit A (the “Conceptual Plan”) with respect to buffers. The Conceptual Plan is conceptual in nature and may vary based on the final site plan depending on the final soil studies, grading, RPA lines, building footprints, other engineering reasons or as otherwise approved at the time of plans review. (P) 2. Uses. The uses permitted on the Property shall be as set forth below: a. Principal Use: i. data center b. Accessory Uses: i. office ii. research and development facility iii. contractor’s office, shop and storage yard iv. warehouse v. electric power transforming substations to include switching stations vi. utility uses requiring a structure, to include elevated water tank(s) and tank-mounted communications equipment (P) 3. Dedication. Prior to any final site plan approval or within sixty (60) days of a written request by the county, whichever occurs first, sixty feet (60’) of right-of-way on the east and west sides of Watkins Centre Parkway/Otterdale Road, measured from the centerline of those portions of Watkins Centre Parkway/Otterdale Road located immediately adjacent to the Property, for the portion of the Property that has frontage along the road that is part of this request. This excludes road frontage adjacent to part of GPIN 7177036286 (800 Otterdale Road) and all of GPIN 7187024669 (900 Otterdale Road) as generally shown on the Conceptual Plan (Exhibit A). (T) 4. Access. Prior to any plan approval, an access plan for Watkins Centre Parkway/Otterdale Road shall be submitted to and approved by the Transportation Department. Vehicular access from the Property to these roads shall conform to the approved access plan for Watkins Centre Parkway/Otterdale Road. (T) 5/28/2025 Page 35 of 116 5. Road Improvements The following road improvements shall be completed based on the phasing specified below, unless otherwise approved by the Transportation Department at time of plans review. The exact design and length of road improvements shall be approved by the Transportation Department. a. Construction of additional pavement along Watkins Centre Parkway/Otterdale Road at each approved vehicular access to provide left and right turn lanes, unless otherwise approved by the Transportation Department at time of plans review. Improvement shall be provided in conjunction with development of each vehicular access. b. Construction of intersection control (signal, roundabout, or other innovative intersection control proposed by the developer and approved by the Transportation Department), if warranted, as determined by the Transportation Department, at the Route 288 On/Off Ramps/Watkins Centre Parkway intersection. Improvement shall be provided in conjunction with any vehicular access that aligns with this intersection or when intersection control is warranted, as determined by the Transportation Department. c. Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required to accommodate road improvements identified above. If adequate road improvements can be provided, as determined by the Transportation Department, to accommodate full development of the Property without necessitating the aforementioned road improvements and supported by a traffic study, the Transportation Department may waive the requirement for those road improvements deemed unnecessary. (T) 6. Utilities. a. Water and Wastewater. Any new structure on the Property requiring water and wastewater service shall use the County water and wastewater systems with wastewater conveyance to County approved wastewater treatment facilities as approved by the Utilities Department; provided, however, that any existing structure located on the Property and using private systems as of the effective date of the rezoning shall be allowed to continue using the private systems provided that these private systems are maintained consistent with all applicable regulatory requirements. County water and wastewater easements and service connections shall be provided to properties containing private water and wastewater systems at time of plans review for existing structures. b. Overall Water and Wastewater System Plan. Prior to any plan approval, an Overall Water and Wastewater System Plan for the Property shall be submitted to and approved by the Utilities Department (the “Overall Plan”). The Overall Plan shall 5/28/2025 Page 36 of 116 include, but not be limited to the following: i. Detailed engineering analysis of the impact the proposed Property development will have on the existing water and wastewater systems to determine proposed water and wastewater infrastructure sizing, locations of facilities, points of connection/interconnection for the water system and hydraulic analysis of the existing water and wastewater systems. A maximum gallons per minute instantaneous flow rate of water demand and wastewater discharge will also be as required by detailed engineering analysis provided in an operational plan submitted to and approved by the Utilities Department. ii. Any off-site water and wastewater improvements needed to provide the volume of water delivery and wastewater conveyance required for the development of the Property. This shall include new water and wastewater lines and their associated appurtenances, as well as upgrades to existing water and wastewater lines and facilities. iii. A minimum of one (1) elevated water tank (“Water Tank”) to be constructed on the Property at a location with an elevation acceptable to the Utilities Department. Construction phasing and sizing of the Water Tank(s) will be as required by detailed engineering analysis specific to the demands generated by the development as approved by the Utilities Department. iv. An appropriately sized waterline extension, with all necessary appurtenances to properly operate the public water system, from the existing waterline terminus in Watkins Center Parkway to the development and along the development’s Otterdale Road frontage to the limits of the development’s property, in an alignment approved by the Utilities Department. v. An appropriately sized waterline extension, with all appropriate appurtenances to properly operate the public water system that will connect the existing waterline in Old Hundred Road to the proposed waterline along Watkins Center Parkway in an alignment approved by the Utilities Department. vi. Conceptual boundaries of the Huguenot Springs (534’ HGL) and Old Hundred (428’ HGL) pressure zone that will serve the development shall be shown on the Overall Plan. c. Phasing. Phased construction of the Overall Plan improvements shall be allowed to meet the phased demands of the Property provided they will meet the demands and needed fire flow of the proposed phased development of the Property. d. Dedications. Following the approval of the Overall Plan, upon request of the County, access 5/28/2025 Page 37 of 116 to the Property and dedication of land for the Water Tank(s) shall be provided to the County, at no cost to the County, as shown on the approved Overall Plan. Dedication of land shall be provided as described below: i. The land dedication for the Water Tank(s) shall be a minimum of two (2) acres up to a maximum of five (5) acres, at a grade elevation approved by the Utilities Department, together with the appropriate access to a public road. e. Easements. Following the approval of the Overall Plan, and upon request of the County, access to the Property and any public easements required within the Property for the construction and operation of proposed public waterlines and wastewater lines included in the Overall Plan shall be provided, at no cost on standard County documents, in the location(s) shown on the approved Overall Plan, independent of the timing of this development. f. Industrial Wastewater Discharge Permit. Any user discharging non-domestic wastewater to the public wastewater system shall be required to comply with the Industrial Wastewater Discharge Permit requirements of the Utilities Department. g. Infrastructure Improvements – Costs. The development shall be responsible for the design and construction cost of any on-site and off-site water and wastewater infrastructure improvements needed to support the development, as required in the Overall Plan. h. Water and Wastewater Usage. i. Development on the Property shall use a maximum of 2,428 gallons per day per acre of potable water from the County’s public water system and discharge no more than 2,428 gallons per day per acre of wastewater to the County’s wastewater system (collectively, the “Usage Cap”) which is the planned capacity as determined by the Utilities Department based on the Property’s Zoning and Land Use designations within the Comprehensive Plan, as shown on Exhibit B attached hereto (“Water and Wastewater Usage Chart”). The Usage Cap will not apply to a public safety event that requires additional water demand or wastewater discharge. ii. Owner/developer may not exceed the Usage Cap until one or a combination of the following is achieved, as determined by the owner/developer and approved by the Utilities Department, which approval shall not be unreasonably withheld if the proposed solution conforms with applicable local, state and federal requirements: 1. the owner/developer provides infrastructure upgrades, modifications and/or expansions to the County’s public water and wastewater infrastructure that are necessary to provide additional capacity to meet the owner/developer’s water and wastewater needs; 2. the owner/developer implements its 5/28/2025 Page 38 of 116 own system upgrades, water usage reduction or re-use strategies, on-site water storage tanks and/or use of a combination of potable water and alternative water sources (such as reclaimed wastewater or industrial water), at the owner’s/developer’s expense, in order to provide capacity to meet the owner/developer’s water needs; or 3. there becomes additional capacity in the County’s public water and wastewater systems and the Utilities Department has confirmed adequate capacity for the owner/developer’s requested water and wastewater needs, and the owner/developer has submitted and the Utilities Department has approved an updated Overall Plan that includes any on-site and off-site water and wastewater improvements needed to provide the volume of additional requested water delivery and wastewater conveyance requested, including new water and wastewater lines and their associated appurtenances, and the commitment by owner/developer to be responsible for the design and construction of such improvements. iii. The use of private well water for water cooling data center equipment is strictly prohibited. iv. The owner/developer shall submit a Utility Operational Plan (the “Plan”) for review and approval by Utilities with each site plan for development of the Property. The Plan shall include an onsite point of contact to coordinate operations, the anticipated peak hourly demand, seasonal changes in demands, and the utility infrastructure, including sizing and alignment, necessary to accommodate the proposed operations to avoid adversely impacting the County’s utility systems. This Plan shall be approved in writing by Utilities prior to approval of the associated site plan. Unless agreed upon otherwise, the owner/developer shall meet with Utilities annually to discuss any changes to the Plan desired by the owner/developer or to confirm that no changes to the Plan are requested by the owner/developer at that time. Any anticipated changes in the water and wastewater flow rates and their applicable timing shall be approved by Utilities prior to their implementation. The total daily water demands and wastewater discharges shall be limited to those stated in the conditions of this development. In the event adequate utilities infrastructure improvements can be provided, as determined by the Utilities Department, to accommodate full development of the Property without necessitating the aforementioned improvements as supported by detailed engineering analysis of the proposed development’s impacts on the existing water and wastewater systems, the Utilities Department may waive the requirement for those utility infrastructure improvements deemed unnecessary. (U) 7. Associated Infrastructure and Uses. The following infrastructure and associated uses shall be 5/28/2025 Page 39 of 116 permitted on the Property as set forth below: a. Utility Uses. Utility uses requiring a structure (which does not include water and wastewater lines and appurtenances, service lines to consumers, and below or above ground cables, wires or pipes) shall be subject to the following: i. Elevated Water Tank(s) and tank mounted communications equipment shall be permitted provided: 1. All mechanical equipment located on or associated with any building or structure for the Water Tank(s) shall be screened from view from any adjoining property that is residentially zoned as of the date of approval of this zoning case 25SN1040 or property that is residentially developed as of the date of approval of this zoning case 25SN1040 (“Adjoining Residential Property”) and public roads (excluding State Highway 288) in accordance with the Employment Center Design District standards. This condition shall not require screening for the Water Tank structure or communication equipment. 2. The Water Tanks(s) shall be a new composite style elevated water storage tank meeting the Utilities Department requirements. 3. The Water Tank(s) shall be secured by a minimum eight foot (8’) high fence designed to preclude trespassing 4. There shall be no signs or logos permitted on the Water Tank(s) or communications equipment. 5. The Water Tank(s) shall be white, grey, or another neutral color, as approved by the Utilities Department. Any communication equipment (antennas, mounting hardware, cables, etc.) mounted on the outside of the Water Tank(s) shall be the same or similar color as the Water Tank(s). 6. Except for security lighting over the access doors at the base of the Water Tank(s), the Water Tank(s) and communications equipment shall not be permanently lighted unless required by the Federal Aviation Administration or the Federal Communications Commission. (U) 8. Environmental Engineering. a. Super Silt Fence, or an alternative as approved by the Department of Environmental Engineering, shall be provided as a perimeter control in locations where standard silt fence would have been required. b. Sediment traps and basins sized at least 25% larger than the minimum Virginia Stormwater Management Handbook’s standard shall be provided, unless otherwise approved by the Department of Environmental Engineering at the time of plan review. c. Anionic polyacrylamide “PAM”(a non-toxic 5/28/2025 Page 40 of 116 synthetic polymer used to control soil erosion and sedimentation), Flexible Growth Medium (erosion control product that forms a flexible, porous blanket on soil surfaces to prevent erosion and promote rapid plant growth), and/or a County-approved equivalent shall be applied to denuded areas (areas that have been cleared of vegetative cover) during construction and at final stabilization in the locations shown on plans approved by the Department of Environmental Engineering at the time of plan review. d. 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. Or 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. Buffers. a. A variable width buffer with a minimum width of one hundred feet (100’) shall be provided as generally shown on the Conceptual Plan (Exhibit A), including the minimum one hundred foot (100’) buffer from the Property boundary along adjoining County GPINs 7197020579 (1000 Otterdale Road), 7187029964 (1004 Otterdale Road), 7187028849 (1024 Otterdale Road), 7187028832 (1028 Otterdale Road), 7187028816 (1030 Otterdale Road), 7187018496 (1100 Otterdale Road), 7187018282 (1106 Otterdale Road), 7187018066 (1112 Otterdale Road), 7187017234 (1124 Otterdale Road), and 7187015314 (1200 Otterdale Road). b. Existing forested vegetation located within the areas shown as buffers on the Conceptual Plan (Exhibit A) shall be preserved and incorporated in a landscape plan to be submitted to the Planning Department at the time of plans review. Any buffer areas without forested vegetation shall be planted and maintained in accordance with County Zoning Ordinance requirements for 2.5 times Perimeter Landscaping C, including the ability to use berms a minimum of three feet (3’) in height. All plantings shall be indigenous and drought resistant. Any dead or diseased vegetation, noxious plants, or invasive species may be removed from such buffer. c. Buffers shall be inclusive of required setbacks, and provided the uses are consistent with the intent of buffers, the following uses shall be permitted in the buffers: landscaping and screening, signs, security fencing, utilities which run generally perpendicular through the buffer, pedestrian ways, access roads, bikeways, or similar uses as may be permitted through site plan review. (P) 10. Screening. a. Loading bays. All loading and service areas shall be oriented on the Property such that 5/28/2025 Page 41 of 116 loading areas are substantially screened from a public road (not including State Route 288) or Adjoining Residential Property by building design, durable architectural walls or fences of comparable materials to the principal building and designed to be compatible to the principal building, berms or other land forms which are part of, or appear to be part of, the natural terrain, or as otherwise approved at the time of plans review. b. Exterior Rooftop Equipment. All exterior rooftop mechanical equipment which is visible from a public road (not including State Route 288) or an Adjoining Residential Property, shall to the extent possible be screened from public view, generally by the incorporation into the roof form through the use of materials similar to those employed in the construction of the principal structure. (P) 11. Removed. 12. Noise. a. No use on the Property shall generate noise that exceeds a sound level of 75 decibels as measured on the Decibel A Scale (“dBA”) between the hours of 6 am and 8 pm, or 65 dBA between the hours of 8 pm and 6 am, each as measured at any boundary line of the Property that adjoins Adjoining Residential Property, adjusting for ambient or background noise levels. This condition shall not apply to noise generated by emergency generators, back-up power equipment, alarms or beepers required by law, ordinances, rules or regulations. b. Emergency back-up generators shall be permitted for emergency use only on the Property. Testing of any emergency back-up generators on the Property will be limited to between the hours of 8:00 a.m. and 7:00 p.m., Monday through Saturday, unless otherwise required by applicable state or federal law or regulation. There will be no exterior alarms or speaker systems permitted on any building located on the Property except for emergency alarms and alarms or beepers located on vehicles. (P) 13. Architectural Standards for Data Centers. Acceptable siding materials for data center buildings developed on the Property include brick, brick veneer, stone, stone veneer, stucco, concrete, engineered metal panels used in conjunction with other materials, precast concrete, tilt-up concrete panels with brick or stone facing, cultured stone, other masonry materials. A variety of materials shall be used to avoid monotony. Other materials may be used for parapets, roof or equipment screening (including but not limited to metal louvers), cornices, surrounds, trim, awnings, architectural decorations, and design elements. Roofing material for a sloped roof shall be standing seam metal, dimensional architectural shingles or similar, unless a different material is approved by the Planning Director at the time of plan review (however, flat roofs are exempt from this requirement). Buildings 5/28/2025 Page 42 of 116 shall be neutral colors (such as taupe, tan, brown, beige, ivory, cream, white, black, grey or similar) with accent colors to complement the dominant building color. (P) 14. Security. Owner shall, prior to any certificate(s) of occupancy being issued on the Property, coordinate emergency vehicle and building access with the County Police Department’s CPTED Planner, the County Fire Department’s Deputy Fire Marshal (for site plan review) and the County Emergency Communications Center (“ECC”) Operations Manager. Labeled building floor plans shall be provided to the County ECC Operations Manager prior to the certificate(s) of occupancy being issued. (Police) 15. Fencing. Chain link fencing material shall not be permitted along the Property boundary line where the fencing would be visible from a public road or visible from Adjoining Residential Property. (P) 16. Lighting. Operational data center building light levels allowed at the Property boundary line shall meet the requirements of the County Zoning Ordinance and lighting on the exterior of data center buildings shall be full cut-off lighting fixtures designed to direct light downward and away from the sky to minimize light trespass and glare. (P) Additionally, the following item is a staff note of the Applicant's agreement with the Board of Supervisors: 1. Staff Note: The maximum building height for any building located west of Watkins Centre Parkway shall be one hundred and ten feet (110’). The maximum building height for any building located east of Watkins Centre Parkway shall be one hundred feet (100’). Structures, including elevated water tanks, telecommunications towers or facilities and electric transmission structures are not subject to this limitation and shall follow the requirements specified in the County Zoning Ordinance. (P) Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. H. 25SN1038 - Upper Magnolia Green West Tract A & Tract B Rezoning - Matoaca In Matoaca Magisterial District, Upper Magnolia Green West Tract A & Tract B Rezoning is a request to rezone from Agricultural (A) and General Industrial (I-2) to General Industrial (I-2) and amendment of zoning district map on 979.23 acres fronting approximately 3,450 feet on the east line of Moseley Road, 3,725 feet south of Genito Road, and also fronting approximately 3,750 feet on the southeast side of Mount Hermon Road, 3,475 feet south of Genito Road. The Comprehensive Plan suggests the property is appropriate for Phased Suburban Residential (Maximum of 2 dwellings per acre) and Rural 5/28/2025 Page 43 of 116 Residential/Agricultural uses. Tax IDs 691-687-Part of 6755; 693-685-2019, 6136; 694-681-4316; 695-681- 0554, 5050; 696-684-4934; 698-680-Part of 0602; 698- 683-8741; 698-685-7912; 700-681-5125; 701-684-2865; 703-684-Part of 8129; and 703-685-Part of 4335. Mr. Ryan Ramsey provided the Board with an overview of Case 25SN1038. He stated the Planning Commission and staff recommended approval, subject to the conditions in the staff report. Mr. Ingle called for public comment. Kim Lacy, representing the applicant, presented additional information about the case. Charles Skelly spoke in favor of the case. Brady Deal, an employee-owner of Main Street Homes, expressed concerns about setbacks, buffers, and proffers as they relate to Main Street Homes' undeveloped property adjacent to the subject property. Max Wiegard, the attorney representing Main Street Homes, expressed concerns relative to proffered conditions not being harmonious with future residential development within 500 feet of the proposed data center buildings. Vernon McClure, president of Main Street Homes, expressed concerns similar to Mr. Deal and Mr. Wiegard. Jerry Turner stated he was not against the case, but there are a lot of data centers coming into the county that will take up a lot of resources. John Easter stated this site is a good location for the data center and the buffer is ample. Ms. Lacy provided responses to concerns raised by the speakers. Discussion and questions ensued relative to the information provided during the presentation. There being no one else to speak to the issue, the public hearing was closed. Mr. Carroll asked additional questions of Mr. Mincks and Ms. Lacy. On motion of Mr. Carroll, seconded by Dr. Miller, the Board approved Case 25SN1038, subject to the following conditions: Conditions The Owner-Applicant in this rezoning Case 25SN1038, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, Virginia, for itself and its successor or assigns, proffers that the development 5/28/2025 Page 44 of 116 of the approximately 979.23 +/- total acres with Chesterfield County Tax Identification Numbers 691687675500000 (in part)(71.5 +/- acres; 4200 Moseley Rd), 693685201900000 (126.67+/- acres; 4401 Moseley Rd), 693685613600000 (3.98 +/- acres; 4411 Moseley Rd), 696684493400000 (336+/- acres; 4321 Mt. Hermon Rd), 698685791200000 (10 +/- acres; 4310 Mt. Hermon Rd), 698683874100000 (122 +/- acres; 4301 Mt. Hermon Rd), 700681512500000 (74.8 +/- acres; 4305 Mt. Hermon Rd), 701684286500000 (51.84 +/- acres; 4201 Mt. Hermon Rd), 703685433500000 (in part)(76.7 +/- acres; 4221 Mt. Hermon Rd), 703684812900000 (in part)(15 +/- acres; 4211 Mt. Hermon Rd), 698680060200000 (in part)(55.9 +/- acres; 18100 Duvall Rd), 695681055400000 (10 +/- acres; 19320 Duval Rd), 695681505000000 (10 +/- acres; 19310 Duval Rd), and 694681431600000 (14.84 +/- acres; 19330 Duval Rd)(collectively, the “Property”) under consideration will be developed, as applicable, as set forth below; however, in the event the request is denied, these proffers shall be immediately null and void and of no further force or effect. The following proffered conditions are applicable to Tract A 1. Conceptual Plan. Development of Tract A shall generally conform to the conceptual plan entitled, “UPPER MAGNOLIA GREEN WEST TRACT A AND TRACT B CONCEPTUAL PLAN” prepared by Timmons Group, dated March 27, 2025 and attached hereto as Exhibit A (the “Conceptual Plan”) with respect to buffers and proposed roads. The Conceptual Plan is conceptual in nature and may vary based on the final site plan depending on the final soil studies, grading, RPA lines, building footprints, other engineering reasons or as otherwise approved at the time of plans review. (P) 2. Tract A. “Tract A” is defined as the approximately 880.23 +/- acre portion of the Property shown as “TRACT A” and buffer areas on the Conceptual Plan (Exhibit A). (P) 3. Uses. The following uses shall be permitted on Tract A: a. Principal Use: i. data center b. Accessory Uses: i. office ii. research and development facility iii. contractor’s office, shop and storage yard iv. warehouse v. electric power transforming substations to include switching stations vi. utility uses requiring a structure, to include elevated water tank(s) and tank-mounted communications equipment, and/or wastewater pumping station (P) 4. Dedication. The following rights-of-way, as described below, immediately adjacent to the Property, shall be dedicated, free and unrestricted, 5/28/2025 Page 45 of 116 to and for the benefit of the County: a. Mount Hermon Road Extension. Ninety feet (90’) from extended Mount Hermon Road/Westerleigh Pkwy to Moseley Road, based on an approved alignment by the Transportation Department. b. Westerleigh Pkwy. Ninety feet (90’) from the Tract A eastern property boundary line to its intersection with Mount Hermon Road, based on an approved alignment by the Transportation Department. c. Moseley Road. Ninety feet (90’) (forty- five feet (45’) on each side of the road, as measured from the revised centerline) along Tract A frontage along Moseley Road, based on an approved alignment by the Transportation Department. d. Powhite Pkwy. Two hundred feet (200’) total, where right-of-way does not currently exist for the extension of Powhite Pkwy, south to north, from southern boundary of GPIN 7036848129 (4211 Mount Hermon Road) to northern boundary of GPIN 7036854335 (4221 Mount Hermon Road) adjacent to Powhite Pkwy, based on an approved alignment by the Transportation Department. In the event the County Thoroughfare Plan is modified to reduce or remove right-of-way dedications referenced in this proffered condition, or adequate transportation improvements can be provided, as determined by the Transportation Department, to accommodate full development of Tract A without necessitating the aforementioned dedications, then those right-of-way dedications may be reduced or removed, as determined by the Transportation Department. Prior to any site plan approval, a phasing plan for these dedications shall be submitted to and approved by the Transportation Department. The dedications listed in this proffered condition shall be made in accordance with the approved phasing plan, as may be amended and approved by the Transportation Department, or within sixty (60) days from a written request by the County, whichever occurs first. (T) 5. Access. a. Prior to any plan approval, an access plan for roads to be dedicated to the County pursuant to the “Dedication” proffered condition shall be submitted to and approved by the Transportation Department. An access plan shall be provided to the corresponding road referenced in such plan at such time vehicular access is proposed from/to Tract A. Vehicular access from Tract A to these roads shall conform to the approved access plan for the road. b. Construction vehicle access to Tract A shall be limited to/from Mount Hermon Road. c. Direct vehicular access to/from the Property shall be provided by public road access to/from Mount Hermon Road, as approved by the 5/28/2025 Page 46 of 116 Transportation Department. Direct vehicular access to/from the Property to/from Moseley Road shall be limited to an emergency access only (gated), as approved by the Fire Department, until such time as a public road is extended from Mount Hermon Road to Moseley Road, as approved by the Transportation Department. (T) 6. Road Improvements. The following road improvements shall be provided as noted below, unless a phasing plan is submitted to and approved by the Transportation Department at the time of plans review. The exact design and length of road improvements shall be approved by the Transportation Department. a. Construction of a two (2) lane facility for Mount Hermon Road, including pedestrian accommodations and crosswalk improvements, to VDOT Urban Minor Arterial standards (50 mph), with modifications approved by the Transportation Department, from the existing terminus to the proposed intersection with Westerleigh Parkway, based on an approved alignment by the Transportation Department. Unless otherwise approved by the Transportation Department, left and right turn lanes shall be provided at each approved access and the Westerleigh Parkway intersection. These improvements shall be provided in conjunction with initial development of Tract A. b. Construction of a two (2) lane facility for Westerleigh Parkway, including pedestrian accommodations and crosswalk improvements, to VDOT Urban Minor Arterial standards (50 mph), with modifications approved by the Transportation Department, from the existing terminus to the proposed intersection with Mount Hermon Road, based on an approved alignment by the Transportation Department (the “Westerleigh Pkwy Extension”). Unless otherwise approved by the Transportation Department, left and right turn lanes shall be provided at each approved access and the Mount Hermon Road intersection. Improvement shall be provided in conjunction with vehicular access where Westerleigh Pkwy Extension intersection is planned. c. At the time the Westerleigh Pkwy Extension is accepted into the VDOT system, the owner/developer shall request a through truck restriction on Westerleigh Pkwy in accordance with VDOT requirements. d. Construction of intersection control (signal, roundabout, or other innovative intersection control proposed by the developer and approved by the Transportation Department), if warranted, as determined by the Transportation Department with each phase of development: i. Mount Hermon Road/Genito Road; and ii. Site access to Mount Hermon Road, Westerleigh Parkway, or other Thoroughfare Plan Road. 5/28/2025 Page 47 of 116 e. Dedication to Chesterfield County, free and unrestricted, any additional right-of-way (or easements) required to accommodate the road improvements identified above. If adequate road improvements can be provided, as determined by the Transportation Department, to accommodate full development of Tract A without necessitating the aforementioned road improvements and supported by a traffic study, the Transportation Department may waive the requirement for those road improvements deemed unnecessary. (T) 7. Utilities. a. Water and Wastewater. Any new structure on Tract A requiring water and wastewater service shall use the County water and wastewater systems, with wastewater conveyance to County approved wastewater treatment facilities as approved by the Utilities Department; provided, however, that any existing structure located on Tract A and using private systems as of the effective date of the rezoning shall be allowed to continue using the private systems provided that these private systems are maintained consistent with all regulatory requirements. County water and wastewater easements and service connections shall be provided to properties containing private water and wastewater systems at time of plans review for existing structures. b. Overall Water and Wastewater System Plan. Prior to any plan approval, an Overall Water and Wastewater System Plan for Tract A shall be submitted to and approved by the Utilities Department (the “Overall Plan”). The Overall Plan shall be coordinated with the Overall Water and Wastewater System Plan for Upper Magnolia Green West associated with prior approved case 21SN0676, and include, but not be limited to, the following: i. A minimum of two (2) adequately sized connections to the Physic Hill Pressure Zone for redundancy, looped through the Property. ii. A minimum of one (1) adequately sized interconnection between the Physic Hill Pressure Zone and Clover Hill Pressure Zone, at a location acceptable to the Utilities Department, with any infrastructure necessary for the operation of the interconnections. iii. A minimum of one (1) elevated water tank (“Water Tank”) to be constructed at a location with an elevation acceptable to the Utilities Department. Construction phasing of the Water Tank(s) will be as required by detailed engineering analysis specific to the demands generated by the development as approved by the Utilities Department. iv. A wastewater pump station (“Pump 5/28/2025 Page 48 of 116 Station”) to be constructed, at a location acceptable to the Utilities Department, if needed by the development, to allow for wastewater service to the portion of Tract A naturally draining towards the Appomattox River. v. Detailed engineering analysis of the impact the proposed Tract A development will have on the existing water and wastewater systems to determine proposed water and wastewater infrastructure sizing, locations of facilities, points of connection/interconnection for the water system and hydraulic analysis of the existing water and wastewater systems. A maximum gallons per minute instantaneous flow rate of water demand and wastewater discharge will also be as required by detailed engineering analysis provided in an operational plan submitted to and approved by the Utilities Department. vi. Any off-site water and wastewater improvements needed to provide the volume of water delivery and wastewater conveyance required for the development of Tract A. This shall include new water and wastewater lines and their associated appurtenances, as well as upgrades to existing water and wastewater lines and facilities. vii. An appropriately sized waterline extension, with all necessary appurtenances to properly operate the public water system, from the existing waterline terminus in Mount Hermon Road to the development. c. Phasing. Phased construction of the Overall Plan improvements shall be allowed to meet the phased demands of the proposed Tract A development provided they will meet the demands and needed fire flow of the proposed phased development of the proposed Tract A development. d. Dedications. Following the approval of the Overall Plan, upon request of the County, access to Tract A and dedication of land for the Water Tank(s) and, if needed, the Pump Station shall be provided to the County, at no cost to the County, as shown on the approved Overall Plan. Dedications of land shall be provided as described below: i. The land dedication for the Water Tank(s) shall be a minimum of two (2) acres up to a maximum of five (5) acres, at a grade elevation of at least three hundred ten feet (310’), or as otherwise approved by the Utilities Department, together with the appropriate access to a public road. e. The land dedication for the Pump Station, if needed, shall be a minimum of three (3) acres up to a maximum of seven (7) acres, together with the appropriate access to a public road. f. Easements. Following the approval of the Overall Plan, and upon request of the County, access to the Property and any public easements required within the Property for the construction and 5/28/2025 Page 49 of 116 operation of proposed public waterlines and wastewater lines included in the Overall Plan shall be provided, at no cost on standard County documents, in the location(s) shown on the approved Overall Plan, independent of the timing of this development. g. Industrial Wastewater Discharge Permit. Any user discharging non-domestic wastewater to the public wastewater system shall be required to comply with the Industrial Wastewater Discharge Permit requirements of the Utilities Department. h. Infrastructure Improvements – Costs. The development shall be responsible for the design and construction cost of any on-site and off-site water and wastewater infrastructure improvements needed to support the development, as required in the Overall Plan. i. Water and Wastewater Usage. i. Development on Tract A shall use a maximum of 1,994 gallons per day per acre of potable water from the County’s public water system and discharge no more than 1,994 gallons per day per acre of wastewater to the County’s wastewater system (collectively, the “Usage Cap”) which is the planned capacity as determined by the Utilities Department based on Tract A’s Zoning and Land Use designations within the Comprehensive Plan, as shown on Exhibit B attached hereto (“Water and Wastewater Usage Chart”). The Usage Cap will not apply to a public safety event that requires additional water demand or wastewater discharge. ii. Owner/developer may not exceed the Usage Cap until one or a combination of the following is achieved, as determined by the owner/developer and approved by the Utilities Department, which approval shall not be unreasonably withheld if the proposed solution conforms with applicable local, state and federal requirements: 1. the owner/developer provides infrastructure upgrades, modifications and/or expansions to the County’s public water and wastewater infrastructure that are necessary to provide additional capacity to meet the owner/developer’s water and wastewater needs; 2. the owner/developer implements its own system upgrades, water usage reduction or re-use strategies, on-site water storage tanks and/or use of a combination of potable water and alternative water sources (such as reclaimed wastewater or industrial water), at the owner’s/developer’s expense, in order to provide capacity to meet the owner/developer’s water needs; or 3. there becomes additional capacity in the County’s public water and wastewater systems and the Utilities Department has confirmed adequate capacity for the owner/developer’s requested water and wastewater needs, and the owner/developer has submitted and the Utilities Department has approved an updated Overall Plan that includes any 5/28/2025 Page 50 of 116 on-site and off-site water and wastewater improvements needed to provide the volume of additional requested water delivery and wastewater conveyance requested, including new water and wastewater lines and their associated appurtenances, and the commitment by owner/developer to be responsible for the design and construction of such improvements. iii. The use of private well water for water cooling data center equipment is strictly prohibited. iv. The owner/developer shall submit a Utility Operational Plan (the “Plan”) for review and approval by Utilities with each site plan for development of Tract A. The Plan shall include an onsite point of contact to coordinate operations, the anticipated peak hourly demand, seasonal changes in demands, and the utility infrastructure, including sizing and alignment, necessary to accommodate the proposed operations to avoid adversely impacting the County’s utility systems. This Plan shall be approved in writing by Utilities prior to approval of the associated site plan. Unless agreed upon otherwise, the owner/developer shall meet with Utilities annually to discuss any changes to the Plan desired by the owner/developer or to confirm that no changes to the Plan are requested by the owner/developer at that time. Any anticipated changes in the water and wastewater flow rates and their applicable timing shall be approved by Utilities prior to their implementation. The total daily water demands and wastewater discharges shall be limited to those stated in the conditions of this development. In the event adequate utilities infrastructure improvements can be provided, as determined by the Utilities Department, to accommodate full development of Tract A without necessitating the aforementioned improvements as supported by detailed engineering analysis of the proposed development’s impacts on the existing water and wastewater systems, the Utilities Department may waive the requirement for those utility infrastructure improvements deemed unnecessary. (U) 8. Associated Infrastructure and Uses. The following infrastructure and associated uses shall be permitted on Tract A as set forth below: a. Utility Uses. Utility uses requiring a structure (which does not include water and wastewater lines and appurtenances, service lines to consumers, and below or above ground cables, wires or pipes) shall be subject to the following: i. Elevated Water Tank(s) and tank mounted communications equipment shall be permitted provided: 1. All mechanical equipment located on or associated with any building or structure for the Water Tank(s) shall be screened from view from any property that is residentially 5/28/2025 Page 51 of 116 zoned as of the date of approval of this zoning case 25SN1038 or residentially developed as of the date of approval of this zoning case 25SN1038, and from public roads (except for Powhite Parkway), in accordance with the Emerging Growth Design District standards. This condition shall not require screening for the Water Tank(s) structure or communication equipment. 2. The Water Tank(s) shall be a new composite style elevated water storage tank meeting the Utilities Department requirements. 3. The Water Tank(s) shall be secured by a minimum eight foot (8’) high fence designed to preclude trespassing. 4. There shall be no signs or logos permitted on the Water Tank(s) or communications equipment. 5. The Water Tank(s) shall be white, grey, or another neutral color, as approved by the Utilities Department. Any communication equipment (antennas, mounting hardware, cables, etc.) mounted on the outside of the Water Tank(s) shall be the same or similar color as the Water Tank(s). 6. Except for security lighting over the access doors at the base of the Water Tank(s) the Water Tank(s) and communications equipment shall not be permanently lighted unless required by the Federal Aviation Administration or the Federal Communications Commission. ii. Wastewater Pumping Station together with the various structures and appurtenances shall be secured by a minimum eight foot (8’) high fence designed to preclude trespassing. All mechanical equipment located on or associated with any building or structure for the Wastewater Pumping Station shall be screened from view from any property that is residentially zoned as of the date of approval of this zoning case 25SN1038 or residentially developed as of the date of approval of this zoning case 25SN1038, and from public roads (except for Powhite Parkway), in accordance with the Emerging Growth Design District standards. (P) 9. Environmental Engineering. a. Super Silt Fence, or an alternative as approved by the Department of Environmental Engineering, shall be provided as a perimeter control in locations where standard silt fence would have been required. b. Sediment traps and basins sized at least 25% larger than the minimum Virginia Stormwater Management Handbook’s standard shall be provided, unless otherwise approved by the Department of Environmental Engineering at the time of plan review. c. Anionic polyacrylamide “PAM”(a non-toxic synthetic polymer used to control soil erosion and sedimentation), Flexible Growth Medium (erosion control product that forms a flexible, porous blanket on soil surfaces to prevent erosion and promote rapid plant growth), and/or a County-approved equivalent shall be applied to denuded areas (areas that have been cleared of vegetative cover) during construction 5/28/2025 Page 52 of 116 and at final stabilization in the locations shown on plans approved by the Department of Environmental Engineering at the time of plan review. d. 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. Or on-site detention of the post- development 100-year discharge rate to below the pre- development 100-year discharge rate shall be provided to satisfy this requirement. (EE) 10. Buffers. a. A variable width buffer with a minimum width of two hundred feet (200’) shall be provided along the perimeter of Tract A as generally shown on the Conceptual Plan (Exhibit A), subject to the provisions of this proffered condition. b. For any western boundary line of Tract A shared with property on Moseley Road that is residentially zoned as of the date of approval of this zoning case 25SN1038 or property on Moseley Road that is residentially developed as of the date of approval of this zoning case 25SN1038 (collectively, “Adjoining Residential Property”), a minimum distance of seven hundred fifty feet (750’) shall exist from the nearest primary residential dwelling units existing on Adjoining Residential Property at the time of approval of this case 25SN1038, as generally shown on the Conceptual Plan (Exhibit A). The portion of the measured 750’ that falls within Tract A shall become buffer area, subject to the provisions of this proffered condition. c. Existing forested vegetation located within the areas shown as buffers on the Conceptual Plan (Exhibit A) shall be preserved and incorporated in a landscape plan to be submitted to the Planning Department at the time of plans review. Any buffer areas without forested vegetation shall be planted and maintained in accordance with the following standards: i. Any portion of the first two hundred feet (200’) of any buffer area without forested vegetation shall be planted to meet two (2) times the planting standard for one hundred foot (100’) wide buffers in Table 19.1-263.A.2.b. of the Zoning Ordinance, including the ability to use berms. These plantings shall be planted adjacent to any public road, or from any property that is residentially zoned as of the date of approval of this zoning case 25SN1038 or residentially developed as of the date of approval of this zoning case 25SN1038. The remaining portion of the buffer area shall be left in a natural state. ii. All plantings shall be indigenous and drought resistant. Any dead or diseased vegetation, noxious plants, or invasive species may be removed from such buffer. d. Buffers shall be inclusive of required 5/28/2025 Page 53 of 116 setbacks, and provided the uses are consistent with the intent of buffers, the following uses shall be permitted in the buffers: landscaping and screening, signs, security fencing or walls, utility easements (including drainage and stormwater facilities), utilities which run generally perpendicular through the buffer, pedestrian ways, access roads, bikeways, or similar uses as may be permitted at the time of plan review. (P) 11. Screening. a. Loading bays. All loading and service areas shall be oriented on Tract A such that loading areas are substantially screened from view from a public road (except for Powhite Parkway) or from any property that is residentially zoned as of the date of approval of this zoning case 25SN1038 or residentially developed as of the date of approval of this zoning case 25SN1038, by building design, durable architectural walls or fences of comparable materials to the principal building and designed to be compatible to the principal building, berms or other land forms which are part of, or appear to be part of, the natural terrain, or as otherwise approved at the time of plans review. b. Exterior Rooftop Equipment. All exterior rooftop mechanical equipment which is visible from a public road (except for Powhite Parkway) or from any property that is residentially zoned as of the date of approval of this zoning case 25SN1038 or residentially developed as of the date of approval of this zoning case 25SN1038, shall to the extent possible be screened from public view, generally by the incorporation into the roof form through the use of materials similar to those employed in the construction of the principal structure. (P) 12. Building Height. The maximum building height for any building located west of the Mount Hermon Road/Westerleigh Pkwy extension shall be one hundred fifty feet (150’). The maximum building height for any building located east of the Mount Hermon Road/Westerleigh Pkwy extension shall be one hundred feet (100’). Structures, including elevated water tanks, telecommunications towers or facilities and electric transmission structures are not subject to this limitation and shall follow the requirements specified in the Zoning Ordinance. (P) 13. Noise. a. No use on Tract A shall generate noise that exceeds a sound level of 75 decibels as measured on the Decibel A Scale (“dBA”) between the hours of 6 am and 8 pm, or 65 dBA between the hours of 8 pm and 6 am, each as measured at any boundary line of Tract A that adjoins any property that is residentially zoned as of the date of approval of this zoning case 25SN1038 or residentially developed as of the date of approval of this zoning case 25SN1038, adjusting for ambient or background noise levels. This condition shall not apply to noise generated by emergency generators, back-up power equipment, alarms or 5/28/2025 Page 54 of 116 beepers required by law, ordinances, rules or regulations. b. Emergency back-up generators shall be permitted for emergency use only on the Property. Testing of any emergency back-up generators on the Property will be limited to between the hours of 8:00 a.m. and 7:00 p.m., Monday through Saturday, unless otherwise required by applicable state or federal law or regulation. There will be no exterior alarms or speaker systems permitted on any building located on the Property except for emergency alarms and alarms or beepers located on vehicles. (P) 14. Architectural Standards for Data Centers. Acceptable siding materials for data center buildings developed on Tract A include brick, brick veneer, stone, stone veneer, stucco, concrete, engineered metal panels used in conjunction with other materials, precast concrete, tilt-up concrete panels with brick or stone facing, cultured stone, other masonry materials. A variety of materials shall be used to avoid monotony. Other materials may be used for parapets, roof or equipment screening (including but not limited to metal louvers), cornices, surrounds, trim, awnings, architectural decorations, and design elements. Roofing material for a sloped roof shall be standing seam metal, dimensional architectural shingles or similar, unless a different material is approved by the Planning Director at the time of plan review (however, flat roofs are exempt from this requirement). Buildings shall be neutral colors (such as taupe, tan, brown, beige, ivory, cream, white, black, grey or similar) and accent colors may be used to complement the dominant building color. For any data center building located within two hundred and fifty feet (250’) of property that is residentially zoned or residentially developed as of the date of approval of this zoning case 25SN1038, the side of the building facing such adjacent residential property shall, to the extent possible, have the same or similar architectural features as the front/entrance side of the building. (P) 15. Security. Owner shall, prior to any certificate(s) of occupancy being issued on the Property, coordinate emergency vehicle and building access with the County Police Department’s CPTED Planner, the County Fire Department’s Deputy Fire Marshal (for site plan review) and the County Emergency Communications Center (“ECC”) Operations Manager. Labeled building floor plans shall be provided to the County ECC Operations Manager prior to the certificate(s) of occupancy being issued. (Police) 16. Fencing. Chain link fencing material shall not be permitted along the Tract A property boundary line where the fencing would be visible from a public road or visible from any property that is residentially zoned as of the date of approval of this zoning case 25SN1038 or residentially developed as of the date of approval of this zoning case 25SN1038. (P) 5/28/2025 Page 55 of 116 17. Lighting. Operational data center building light levels allowed at the Tract A boundary line shall meet the requirements of the County Zoning Ordinance and lighting on the exterior of data center buildings shall be full cut-off lighting fixtures designed to direct light downward and away from the sky to minimize light trespass and glare. (P) The following proffered conditions are applicable to Tract B 18. Tract B. “Tract B” is defined as the approximately 99 +/- acre portion of the Property shown as “TRACT B” on the Conceptual Plan (Exhibit A). (P) 19. All proffered conditions of County Zoning Case 21SN0676, as approved on May 26, 2022, shall apply to Tract B. (P) Additionally, the following items are staff notes of the Applicant's agreement with the Board of Supervisors: 1. Staff Note: Restrict Building Heights. The maximum building height for any building located within Tract A and west of the Mount Hermon Road/Westerleigh Pkwy extension shall be one hundred and ten feet (110’). (P) 2. Staff Note: Require Architectural Standards. For any data center building located within three hundred and fifty feet (350’) of property that is residentially zoned or residentially developed as of the date of approval of this zoning case 25SN1038, the side of the building facing such adjacent residential property shall, to the extent possible, have the same or similar architectural features as the front/entrance side of the building.” This agreement is more restrictive than the distance requirement placed in Proffered Condition 14 which was adopted in the motion.(P) 3. Staff Note: Generator and Mechanical Equipment Placement. Generators and mechanical equipment shall be placed to the rear of the building for any data center facility within three hundred and fifty feet (350’) of property that is residentially zoned or residentially developed as of the date of approval of this zoning case 25SN1038. (P) 4. Staff Note: Require Tree Preservation. On Tract A, owner/developer shall be required to comply with the minimum tree canopy requirements of the County Zoning Ordinance at the time of plans review. (P) Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. I. 25SN1039 - Upper Magnolia Green East Amendment - Matoaca 5/28/2025 Page 56 of 116 In Matoaca Magisterial District, Upper Magnolia Green East Amendment is a request to amend zoning approval (Case 21SN0675) on 524.3 acres relative to the master plan, uses, transportation density, road cash proffers and development standards plus rezoning of 219.64 acres from Agricultural (A) and Residential (R-12) to Residential (R-15) with conditional use and conditional use planned development on the entire project area to permit specific uses (including communications tower facility; contractor's office, shop and storage yard; electric power transforming station and other utility uses requiring a structure) and exceptions to ordinance requirements and amendment of zoning district map on 743.94 acres fronting in four (4) locations for approximately 4,750 feet on the north line of Duval Road, 1,575 feet west of Otterdale Road, and fronting approximately 850 feet on the west line of Otterdale Road, 1,815 feet north of Duval Road, and at the western terminus of Westerleigh Parkway. The Comprehensive Plan suggests the property is appropriate for Suburban Residential I use (Maximum of 2 dwellings per acre). Tax IDs 698-680-Part of 0602; 703-678-9275; 704-682-4454; 705-680-3057; 706- 678-6386. Mr. Ryan Ramsey provided the Board with an overview of Case 25SN1039. He stated the Planning Commission and staff recommended approval, subject to the conditions in the staff report. Mr. Ingle called for public comment. Kim Lacy, representing the applicant, presented additional information about the case. There being no one to speak to the issue, the public hearing was closed. Discussion ensued relative to the case. On motion of Mr. Carroll, seconded by Ms. Schneider, the Board approved Case 25SN1039, subject to the following conditions: Proffered Conditions The Owner-Applicant in this rezoning Case 25SN1039, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, Virginia (“County”), for itself and its successor or assigns, proffers that the development of the approximately 743.94 total acres with County Tax Identification Numbers 704682445400000 (104.8 +/- acres; 17151 Westerleigh Pkwy), 698680060200000 (in part)(419.5 +/- acres; 18100 Duval Rd), 705680305700000 (130 +/- acres; 18000 Duval Rd), 703678927500000 (59.4 +/- acres; 17500 Duval Rd), 706678638600000 (30.24 +/- acres; 5700 Otterdale Rd) under consideration will be developed, as applicable, as set forth below; however, in the event the request is denied or approved with conditions not agreed to by the Owner- Applicant, these proffers shall be immediately null 5/28/2025 Page 57 of 116 and void and of no further force or effect. Proffered Conditions 1, 3, 4, 7, 8, 9 and 15 of Zoning Case 21SN0675 are hereby deleted in their entirety for the Property that is subject to zoning Case 25SN1039. Staff Note: All other conditions previously approved in Zoning Case 21SN0675 will remain in force and effect for the Property that is subject to this zoning Case 25SN1039. Case 21SN0675 parcels not included in this Case 25SN1039 shall continue to be bound by the proffered conditions of Case 21SN0675, as approved on May 26, 2022. The Applicant hereby proffers the following additional conditions for the Property that is subject to this zoning Case 25SN1039: 1. Conceptual Plan. A potential development scheme of the Property entitled, “UPPER MAGNOLIA GREEN EAST AMENDMENT CONCEPTUAL PLAN” prepared by Timmons Group, dated March 27, 2025 is attached hereto as Exhibit A (“Conceptual Plan”) with respect to tracts and buffers. The Conceptual Plan is conceptual in nature and may vary based on the final site plan depending on the final soil studies, grading, RPA lines, building footprints, other engineering reasons or as otherwise approved at the time of plans review. (P) 2. Residential Uses. Residential uses shall be prohibited on the Property that is subject to this zoning Case 25SN1039. (P) 3. Uses. In addition to those uses permitted by- right or with restrictions in the Residential (R-15) District, the following uses shall be permitted: a. Communications tower, to include a freestanding tower as well as co-location of equipment on an elevated water tank. b. Contractor’s office, shop and storage yard. c. Electric power transforming station, including switching stations. d. Utility uses requiring a structure, to include elevated water tank. (P) 4. Associated Infrastructure and Uses. The following infrastructure and associated uses shall be permitted on the Property as set forth below: a. Utility Uses. Utility uses requiring a structure (which does not include water and wastewater lines and appurtenances, service lines to consumers, and below or above ground cables, wires or pipes) shall be subject to the following: i. An elevated Water Tank and tank mounted communications equipment up to a maximum height of one hundred and ninety-nine (199) feet shall be permitted on the Property provided: 1. All mechanical equipment located on or associated with any building or structure for the Water Tank shall be screened from any adjoining residential property and public roads. This condition shall not require screening for the 5/28/2025 Page 58 of 116 Water Tank structure or communication equipment. 2. The Water Tank shall be a new composite style elevated water storage tank meeting the Utilities Department requirements. 3. The Water Tank shall be secured by a minimum eight foot (8’) high fence designed to preclude trespassing. 4. There shall be no signs or logos permitted on the Water Tank or communications equipment. 5. The Water Tank shall be white, grey, or another neutral color, acceptable to the Utilities Department. The communication equipment (antennas, mounting hardware, cables, etc.) mounted on the outside of the Water Tank shall be the same or similar color as the Water Tank. 6. Except for security lighting over the access doors at the base of the Water Tank the Water Tank and communications equipment shall not be permanently lighted unless required by the Federal Aviation Administration or the Federal Communications Commission. 7. Upon request of the County, access to the Property and dedication of land for the Water Tank shall be provided to the County, at no cost to the County. The land dedication for the Water Tank shall be a minimum of two (2) acres up to a maximum of five (5) acres, at a grade elevation approved by the Utilities Department, together with the appropriate access to a public road. (P & U) 5. Electric Power Transforming Substation to Include Switching Station. Electric power transforming substations, to include switching stations, shall be permitted on the Property in the area generally shown as “SUBSTATION 20 AC+/” on the Conceptual Plan (Exhibit A). A minimum two hundred foot (200’) buffer shall be provided along the perimeter of any electric power transforming substation or switching station site that is established on the Property. (P) 6. Swift Creek Preserve. A minimum of three hundred fifty (350) acres, as generally shown as the “SWIFT CREEK PRESERVE” on the Conceptual Plan (Exhibit A), shall be a protected area to be reserved and managed by the County for purposes of conservation and to provide nature trails and special opportunities for study and research. No land disturbance for improvements including utilities or nature trails shall be permitted within the Swift Creek Preserve unless approved by Environmental Engineering. (P) 7. VDOT Laydown Yard. The Virginia Department of Transportation (“VDOT”) shall be permitted to use a portion of the Property, in the area generally shown as “VDOT LAY DOWN/CELL TOWER/WATER TANK 13 AC+/-” on the Conceptual Plan (Exhibit A), for the storage and maintenance of VDOT materials and equipment (also known as a contractor’s office, shop and storage yard). A minimum two hundred foot (200’) buffer shall be provided along the perimeter of any VDOT laydown yard site that is established on the 5/28/2025 Page 59 of 116 Property. (P) 8. Communications Tower. A Communications Tower shall be permitted on the Property in the area generally shown as “VDOT LAY DOWN/CELL TOWER/WATER TANK 13 AC+/-” on the Conceptual Plan (Exhibit A). A minimum two hundred foot (200’) buffer shall be provided along the perimeter of any communications tower that is established on the Property. (P) 9. Elevated Water Tank. An elevated water tank shall be permitted on the Property in the area generally shown as “VDOT LAY DOWN/CELL TOWER/WATER TANK 13 AC+/-” on the Conceptual Plan (Exhibit A). A minimum two hundred foot (200’) buffer shall be provided along the perimeter of any elevated water tank established on the Property, except for any portions of said perimeter that are adjacent to the Swift Creek Preserve. (P) Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 16. Public Hearings A. To Consider Proposed FY2025 Budget Amendments Deputy County Administrator Matt Harris introduced the public hearing for the Board to consider proposed FY2025 budget amendments. Mr. Ingle called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Dr. Miller, seconded by Mr. Holland, the Board approved amendment of the FY2025 Adopted Budget and authorized (1) appropriation of revenue sources and expenditure uses and (2) the required additional appropriation and fund transfer authority necessary to enable movement of related funds, from any of the identified sources, as needed, to ensure proper alignment with legal, financial, and programmatic requirements. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. B. To Consider Amending the County Code Relative to Illegal Activities in County Parks Deputy County Administrator Clay Bowles introduced the public hearing for the Board to consider amending the County Code relative to illegal activities in county parks. Mr. Ingle called for public comment. Linda Kidd-Fleshman expressed concerns relative to parties, noise, and illegal activities in Matoaca Park and asked the Board to adopt the proposed amendments. 5/28/2025 Page 60 of 116 There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Carroll, seconded by Ms. Schneider, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY ENACTING CHAPTER 20 – PARKS AND RECREATION, ARTICLE I – PARK RULES, AND SECTIONS 20-1, 20-2, 20-3, 20-4, 20-5, 20-6, 20- 7, 20-8, 20-9, AND 20-10 RELATING TO PARK RULES BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Article I shall be added to Chapter 20 of the Code of the County of Chesterfield, 1997, as amended, to read as follows: Chapter 20 – PARKS AND RECREATION ARTICLE I. – PARK RULES 20-1. – Definitions. Director means the director of the County’s Department of Parks and Recreation or designee. Park means all property owned, maintained or operated by the County for public recreational use. 20-2. – Persons Exempted. Notwithstanding any other provision in this chapter to the contrary, it shall not be a violation of this chapter if a person engaging in an otherwise prohibited activity is specifically authorized in writing to conduct such activity by the Director or is an employee of the County, Commonwealth of Virginia or United States of America, acting within the scope of his employment, or if the person engaging in the otherwise prohibited activity is an agent or an independent contractor to the County acting within and pursuant to the scope of his duties. 20-3. – Penalties. a. Any person who violates any of the provisions of this chapter shall be deemed to be guilty of a Class 4 misdemeanor and, upon conviction thereof, shall be fined not more than $250. b. Failure to abide by these ordinances and other park rules may also result in violators being prohibited from future use of park property, facilities or services. 20-4. – Hours of operation and access. a. No person shall enter or remain in any park except during such hours as shall be designated and posted by the Director as the hours of park operation. b. Persons (i) using a lighted facility or entering a park in compliance with specially posted 5/28/2025 Page 61 of 116 park hours, or (ii) attending a special event permitted by the County outside of the hours of park operation shall not be in violation of this section if they remain in a park for either of these purposes outside of the posted hours of park operation. However, such persons shall exit the park by the closing time posted for the facility, special hours, or event. c. No person shall utilize areas of a park off established trails, walkways or roadways, or areas specifically posted as restricted at any time. 20-5. – Amplified Sound. a. No person shall, within a park, operate, use, or play any device designed to produce, reproduce, or amplify sound in a manner audible to others more than ten (10) feet away from the device. b. The prohibition in this section does not apply when the source of the sound is part of an event sponsored by the County. 20-6. – Projectiles. a. No person shall operate in a park any device or undertake any activity which will cause a projectile to be propelled which could injure a person or animal or damage property. b. Activities and devices restricted under this provision include, but are not limited to hobby rockets, remote-control gliders or powered remote control or tethered planes, boats, cars or other like devices (except in designated areas), the hitting of golf balls where the landing of the ball cannot be seen, and the operation of a device designed for high-speed missile projection (e.g., bow and arrow, crossbow, taser, spear, slingshot, dart device, etc.). 20-7. – Fires. a. No person shall take any action to start or use a fire within a park except in a grill or in such facilities provided by and approved by the County for this purpose. b. Any fire started pursuant to (a) above shall be attended at all times and fully extinguished before the site is left unattended. 20-8. – Use and Access to Water. a. Use of park docks, boat launches, or other park property adjacent to water shall not be used to access any body of water for swimming, bathing, wading, ice skating, or fishing, except in those areas designated and posted by the County for such purpose. b. Accessing areas designated for swimming, bathing, wading, and fishing shall be permitted only during the posted hours of operation. c. No person shall use park docks, boat launches, 5/28/2025 Page 62 of 116 or other park property adjacent to water to access any body of water to bathe or wash any animal, vehicle or clothing or to throw, cast, lay, drop, discharge, direct, deposit or abandon any substance, matter or thing, in whatever form, which may directly or indirectly result in the pollution of such waters. d. Any person fishing in a designated area of a park must possess a valid fishing license and meet any other requirements as provided in the Code of Virginia. 20-9. – Vehicles. a. Prohibited vehicles. With the exception of motorized wheelchairs and other motorized assistive devices for mobility impaired persons, no person shall operate, within a park, a motorized vehicle of any kind not licensed for regular use upon public highways. b. Speed limit. Where no speed limit is posted, no person shall operate a motor vehicle, within a park, at a speed greater than 20 miles per hour. c. Parking. (i) No person shall park a motor vehicle in areas of a park other than those designated and posted by the County as parking areas; (ii) No person shall park a motor vehicle in a park overnight. d. Repair of vehicle. (i) No person shall repair, clean, wax, or otherwise maintain a motor vehicle in a park; (ii) No person shall discharge or cause to be discharged hazardous substances, including but not limited to gasoline, antifreeze, or motor oil, in a park. e. Penalty. In addition to the penalties generally applicable to this article/chapter, vehicles parked in non-designated areas in a park or outside of a park’s posted hours of operation shall be subject to ticketing and towing. 20-10. – Park Property, Wildlife and Habitat Protection. No person shall, in any manner, alter, deface, pick, pull, pull up, tear up, dig, dig up, cut, cut down, break, burn, injure, deface, disturb, plant, excavate, blast, destroy, mutilate, disfigure, remove, scar, take, or gather, in whole or in part, any part of any park, building, sign equipment, or other property, including, but not limited to, any tree, flower, fern, shrub, vine, turf, plant, rock, artifact, fossil, or mineral found, growing or being upon the land of any park. (2) That this ordinance shall become effective September 1, 2025. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. C. To Consider Amending the Zoning Ordinance Relative to Signage at County Public Facilities 5/28/2025 Page 63 of 116 Zoning Administrator Thomas Jenkins introduced the public hearing for the Board to consider amending the Zoning Ordinance relative to signage at county public facilities. Mr. Ingle called for public comment. Renate Eldred expressed concerns about how signs may look many years down the road, and she pointed out what she thought might be an illegal sign on county property. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Dr. Miller, the Board adopted the following ordinance: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF CHESTERFIELD, 1997, AS AMENDED, BY AMENDING AND REENACTING SECTIONS 19.1-53 AND 19.1-276 OF THE ZONING ORDINANCE RELATIVE TO FREESTANDING SIGNS AT COUNTY PUBLIC FACILITIES AND REGULATIONS FOR COMPUTER CONTROLLED VARIABLE MESSAGE ELECTRONIC SIGNS (EMC) BE IT ORDAINED by the Board of Supervisors of Chesterfield County: (1) That Sections 19.1-53 and 19.1-276 of the Code of the County of Chesterfield, 1997, as amended, are amended and re-enacted, to read as follows: Chapter 19.1 ZONING OOO Sec. 19.1-53. Restricted Uses Listed as “R” or “RS”. OOO Sign, computer controlled variable message electronic (EMC): R-88, R-40, R-25, R-15, R-12, R-9, R-7, R-C Districts R-TH, R-MF Districts MH-2, MH-3 Districts A District O-1, O-2 Districts C-1, C-2, C-3, C-4, C-5 Districts I-1, I-2, I-3 Districts: a. Sign complies with restrictions of changeable copy sign and outdoor advertising sign as applicable; b. Sign is not incorporated into a nonconforming sign or a sign containing manual copy; c. Except for a permitted outdoor advertising sign or a sign for a county governmental facility, sign is not located in Belmont Turner Area Central, Bon Air Special Design District, Chester Area Central, Midlothian Area West or Route 10 Area North as shown on the zoning map; 5/28/2025 Page 64 of 116 d. Excluding copy that includes only current time of day or outdoor temperature; interval of copy change for a permitted EMC sign is limited as follows: • 30 seconds for property located in A, MH, R, R-TH, R-MF districts, if such sign is the freestanding sign for property occupied by a church, place of worship, public park or school. Any other EMC located in A, MH, R, R-TH, R- MF districts shall only be permitted by conditional use and may be subject to more restrictive standards than this section; • 1 minute for property located outside of a mixed-use or non-residential community in O, C, and I districts or an outparcel within such a community; • 10 seconds for a mixed-use or nonresidential community sign; or • 10 seconds for outdoor advertising sign; e. Excluding copy that includes only current time of day, date or outdoor temperature, copy changes simultaneously; f. Copy does not move, or give the illusion of movement, such as, blink, scroll, flash, spin, fly in/out, scintillate or similar effects; however, copy may fade as transition to next copy; g. Copy is limited to a still image or lines of text; h. Excluding outdoor advertising signs greater than 200 square feet (s/f) in area, displays shall be high resolution having no larger than 12 mm pixel pitch. Outdoor advertising signs greater than 200 s/f and less than 400 s/f shall have a maximum pixel pitch of 16 mm. Outdoor advertising signs greater than 400 s/f shall have a maximum pixel pitch of 20 mm; i. Sign defaults to blank copy if there is a malfunction in device; j. Sign does not display coordinated messages which are intended to be continued on opposite sign face, other signs on-site or signs off- site; k. A photocell or other device is used that automatically adjusts brightness according to ambient conditions; and l. Brightness does not exceed 0.3 foot candles above ambient light as measured at a distance in feet that is the square root of the sign area in square feet multiplied by 100 (Distance from Sign= √Sign Area Sq. ft×100). OOO Sec. 19.1-276. Freestanding Signs A. Generally. 1. Number. Except where specifically stated, a project shall be limited to 1 freestanding sign. The same limitation shall apply to a single property outside of a project. a. Property 5/28/2025 Page 65 of 116 developed with or used for a county governmental facility shall not be subject to a maximum number of freestanding signs, and these signs may be placed in a location that best allows for communication of information to the public based on the unique layout of the property. OOO (2) That this ordinance shall become effective immediately after adoption. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. D. To Consider Amending the Comprehensive Plan Relative to Chapter 9: Environment Principal Planner Summer Hobson introduced the public hearing for the Board to consider amending the Comprehensive Plan relative to Chapter 9: Environment. Discussion and questions ensued relative to the information provided during the presentation. Mr. Ingle called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Carroll, the Board adopted the following amendments to Chapter 9 of the Comprehensive Plan: Please see the attachment appended to the end of these minutes. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. E. To Consider FY26-FY31 Secondary Road Six-Year Plan and FY26 Secondary Road Improvement Budget; Appropriation of Funds and Authorization to Proceed Director of Transportation Chessa Walker introduced the public hearing for the Board to consider FY2026- FY2031 Secondary Road Six-Year Plan and FY2026 Secondary Road Improvement Budget; Appropriation of Funds and Authorization to Proceed. Mr. Ingle called for public comment. Jerry Turner inquired about the construction timeline for Powhite Parkway. There being no one else to speak to the issue, the public hearing was closed. Ms. Walker provided a response to Mr. Turner's question. On motion of Mr. Carroll, seconded by Dr. Miller, the Board adopted the following resolution: 5/28/2025 Page 66 of 116 WHEREAS, the Chesterfield County Board of Supervisors and the Virginia Department of Transportation (VDOT) have conducted a public hearing on the FY26 through FY31 Secondary Road Six-Year Plan; and WHEREAS, the Board concurs with the proposed projects identified in the Plan. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors approves the FY26 through FY31 Secondary Road Six-Year Plan as presented by VDOT. And, further, the Board adopted the following resolution: WHEREAS, the Virginia Department of Transportation (VDOT) has submitted its proposed FY26 Secondary Road Improvement Budget to the county; and WHEREAS, the Budget represents the implementation of the first year of the FY26 through FY31 Secondary Road Six-Year Plan adopted by the Board. NOW, THEREFORE, BE IT RESOLVED that the Chesterfield County Board of Supervisors approves the FY26 Secondary Road Improvement Budget as presented by VDOT. And, further, the Board took the following actions for the Otterdale Road (Harpers Mill and Hampton Park Roundabouts) Pedestrian Crossings project: 1. Appropriated anticipated VDOT reimbursements in the amount of $2,000,000; 2. Authorized the County Administrator to enter into permits, agreements, and contracts acceptable to the County Attorney; 3. Authorized the County Administrator to proceed with engineering, right-of-way acquisitions, including the advertisement of eminent domain public hearings, if necessary, and to accept the conveyance of right-of-way and easements that are required; 4. Authorized the Chairman of the Board of Supervisors and County Administrator to execute easement agreements for the relocation of utilities; and 5. Authorized the Procurement Director to proceed with the advertisement of a construction contract. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. F. To Consider the FY2027 and FY2028 Transportation Alternatives Projects 5/28/2025 Page 67 of 116 Ms. Walker introduced the public hearing for the Board to consider the FY2027 and FY2028 Transportation Alternatives Projects. Mr. Ingle called for public comment. Renae Eldred expressed concerns about placing pedestrian crossings in a place where there is not a stoplight. She made note of the need to protect a historical mile marker beside one of the proposed pedestrian crossings. She also noted the need for steps in one location. Jerry Turner expressed concerns about unfinished sidewalks, especially where children are walking to school. There being no one else to speak to the issue, the public hearing was closed. On motion of Mr. Holland, seconded by Mr. Carroll, the Board appropriated up to $5,120,000 in anticipated VDOT reimbursements, and transferred up to $1,280,000 in county appropriations for local match funds. And, further, the Board adopted the following resolution: WHEREAS, it is necessary that the local governing body request, by resolution, approval of proposed Transportation Alternatives Program projects. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Chesterfield County requests the Commonwealth Transportation Board provide funding for the following projects: • Beach Road at Ironbridge Road (Route 10) Signalized Pedestrian Crossing; • Courthouse Road at Tabor Lane Signalized Pedestrian Crossing; • Old Buckingham Road (Buckingham Station Drive – Southwick Boulevard) Shared Use Path; • Route 1 at Sherbourne Road Signalized Pedestrian Crossing; and • Woodpecker Road (Southlawn Avenue – J Mitchell Jones Drive) Sidewalk. AND, BE IT FURTHER RESOLVED that the Board hereby agrees to pay 20 percent of the total cost of the projects, if selected for Transportation Alternative Program funding. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. G. To Consider the Conveyance of County Property at 8801 Rams Circle Deputy County Administrator Jesse Smith introduced the public hearing for the Board to consider proposed 5/28/2025 Page 68 of 116 FY2025 budget amendments. Mr. Ingle called for public comment. There being no one to speak to the issue, the public hearing was closed. On motion of Dr. Miller, seconded by Ms. Schneider, the Board approved the conveyance of county property at 8801 Rams Circle Drive, PIN: 757691054600000, to Richmond Metropolitan Habitat for Humanity, Incorporated, and authorized the County Administrator to execute the contract and deed. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. H. To Consider the Conveyance of an Underground Easement to Verizon Virginia LLC at the Northern Area Convenience Center Real Property Manager Lynn Snow introduced the public hearing for the Board to consider the conveyance of an underground easement to Verizon Virginia LLC at the Northern Area Convenience Center. Mr. Ingle 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 authorized the Chairman of the Board of Supervisors and the County Administrator to execute an agreement with Verizon Virginia LLC for an underground easement across property at the Northern Area Convenience Center. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 17. Fifteen-Minute Citizen Comment Period on Unscheduled Matters There were no speakers on unscheduled matters at this time. 18. Adjournment A. Adjournment and Notice of Next Scheduled Meeting of the Board of Supervisors On motion of Mr. Carroll, seconded by Ms. Schneider, the Board adjourned at 9:36 p.m. to the Powhite Parkway Public Meeting on June 18, 2025, at 6 p.m. at Clover Hill High School, to then adjourn to the regularly scheduled Board of Supervisors meeting on June 25, 2025, at 2 p.m. in Room 502 of the County Administration Building. Ayes: Ingle, Miller, Schneider, Holland and Carroll. Nays: None. 5/28/2025 Page 69 of 116 __________________________ ___________________________ Joseph P. Casey Jim A. Ingle County Administrator Chairman 5/28/2025 Page 70 of 116 Citizen Comments Received Through the Comment Portal May 28, 2025, Board of Supervisors Meeting Comment Type Comment Name District 24SN1356 – Park West Circle Communicati ons Tower A communication tower in the midst of residential developments seems inappropriate. There is a negative aesthetic impact and potentially serious health risks, including cancer. From "Safeguard Solutions": Health Effects on the Brain and Nervous System There has been concern about the potential impact of RF radiation on the brain, especially for those who live close to cell towers. Some studies have suggested that long-term exposure to RF radiation might affect brain function and may even be linked to an increased risk of brain tumors. While research is still inconclusive, it’s important to note that the World Health Organization (WHO) has classified RF radiation as a possible carcinogen (Group 2B). As a rough guideline, most experts recommend living at least 500 meters (about 1,640 feet) away from a cell tower to minimize potential health risks. https://safeguard- solutions.ca/how-close-is- too-close-to-a-cell-phone- tower-understanding-the- hazards-of-living-nearby The proposed location looks to be within a few hundred feet of many single and multi-family residences, 5 times closer than the recommended guideline. Seems an easy "no" decision on the request. James A. (Jim) Davenport 24SN1114 – Retreat at Rivers Bend Rezoning & Exceptions Summary of voice mail message: There are far too many exceptions in this case; significant reductions in all of the setbacks; very little open green space; the density is too high; setting a bad Phil Lohr Bermuda 5/28/2025 Page 71 of 116 Comment Type Comment Name District precedent for the county; suggests the case be deferred or denied. 25SN1040 - Watkins Centre South I am a Midlothian District resident, and I am in support of this rezoning application. We need more data centers available in our community to support our growth in the 21st Century. They are the lifeblood of a modern economy, and the more we rely on other regions for this necessary infrastructure, the more we abdicate our ability to control and guide our own future. We don't rely on Loudoun or London to clean our water or pave our roads; the same should be true of our data. Thank you. Joe Bowser Midlothian 25SN1038 - Upper Magnolia Green West Tract A & Tract B Rezoning I am in support of this rezoning application. We need more data centers available in our community to support our growth in the 21st Century. They are the lifeblood of a modern economy, and the more we rely on other regions for this necessary infrastructure, the more we abdicate our ability to control and guide our own future. We don't rely on Loudoun or London to clean our water or pave our roads; the same should be true of our data. Thank you. Joe Bowser Midlothian 25SN1040 - Watkins Centre South and 25SN1038 - Upper Magnolia Green West Tract A & Tract B Rezoning As a business owner in Chesterfield County, I am writing to express my strong support for the approval of data centers at Watkins Centre South and Upper Magnolia Green West Tract A. As the owner of hotels in the Midlothian and Bermuda Districts, I employ many individuals whose livelihoods depend on sustained economic growth in our region. Thoughtfully Ravi Patel 5/28/2025 Page 72 of 116 Comment Type Comment Name District planned developments, like these proposed data centers, are essential to maintaining and strengthening our local economy. Data centers play a vital role in supporting businesses like mine by enhancing connectivity, attracting new enterprises, and fostering technological innovation. Watkins Centre South is a prime location for this initiative, as it is adjacent to overhead transmission lines, communications towers, and Route 288. Similarly, Upper Magnolia Green West Tract A is ideally situated within a planned technology park, making it a natural fit for this type of development. Beyond their economic impact, these data centers will generate substantial revenue that can benefit the County in numerous ways. I hope to see these funds support critical infrastructure, education, transportation improvements, and essential public services such as parks and recreation— investments that directly enhance the quality of life for our residents. By approving these projects, you are making a strategic investment in Chesterfield County’s long- term success. This is responsible, forward- thinking growth that strengthens our businesses, workforce, and community. I urge you to support the data center proposals at Watkins Centre South and Upper Magnolia Green West Tract A to ensure Chesterfield remains a competitive and thriving county for years to come. Thank you for your time and consideration. 5/28/2025 Page 73 of 116 Comment Type Comment Name District 25SN1040 - Watkins Centre South I support the Watkins Centre South rezoning case for data centers. They generate significant tax revenue which can be used to fund schools and infrastructure upgrades. They also create high paying jobs. This is a good use of this property that will bring great benefits to the community. Please approve this case! Vanessa Wright Clover Hill 25SN1038 - Upper Magnolia Green West Tract A & Tract B Rezoning I support the Upper Mag West Tract A rezoning case for data centers. They generate significant tax revenue which can be used to fund schools and infrastructure upgrades. They also create high paying jobs. This is a good use of property that will bring great benefits to our community without forcing the County to expand existing services such as schools and roads. Please approve this case! Vanessa Wright Clover Hill 25SN1040 - Watkins Centre South As a Midlothian business owner in the construction industry, I enthusiastically support the rezoning of Watkins Centre South (25SN1040) for data center development. This project will strengthen Chesterfield County’s economy by creating jobs and increasing tax revenue, directly benefiting local businesses like mine through heightened demand for construction services and materials. Strategically located near planned utilities, this rezoning aligns with the county’s long-term plan for sustainable growth, positioning Midlothian as a hub for modern digital infrastructure. The involvement of a top-tier data center operator will enhance opportunities for local businesses to engage in high-value projects, contributing to our community’s economic Scott Sleeme Midlothian 5/28/2025 Page 74 of 116 Comment Type Comment Name District vitality. I encourage the Chesterfield County Planning Commission and Board of Supervisors to approve this rezoning to drive economic growth and support local businesses in Midlothian. 25SN1038 - Upper Magnolia Green West Tract A & Tract B Rezoning As a business owner in Midlothian operating in the construction sector, I strongly support the rezoning of Upper Magnolia Green West Tract A and Tract B (25SN1038) for data center development. This project aligns with Chesterfield County’s vision for sustainable light industrial growth, leveraging proximity to existing and planned utilities to attract a top- tier data center operator. The development will drive significant economic benefits, including job creation and increased tax revenue, directly boosting my business through heightened demand for construction services and materials. By fostering a modern digital infrastructure hub in Midlothian, this rezoning will enhance opportunities for local businesses like mine to engage in high- value projects, contributing to the community’s economic vitality. I urge the Chesterfield County Planning Commission and Board of Supervisors to approve this rezoning to promote economic prosperity and support Midlothian’s growth as a thriving business community. Scott Sleeme Midlothian 25SN1038 - Upper Magnolia Green West Tract A & Tract B Rezoning Please approve this case so we can see more high paying jobs in Chesterfield. Thank you. Priscilla Kellum Dale 5/28/2025 Page 75 of 116 Comment Type Comment Name District 25SN1040 - Watkins Centre South Please approve this data center at Watkins Centre South. We need these high paying jobs and the boost in digital infrastructure will have great benefits overall. Thank you. Priscilla Kellum Dale 25SN1038 - Upper Magnolia Green West Tract A & Tract B Rezoning I support this data center rezoning on the Upper Mag West Tract A property. It will bring significant economic advantages and diverse jobs to our community. We need the digital infrastructure for reliable connectivity for our schools, local businesses, hospitals, medical centers and residents. Rezoning for data center will also attract other technology companies and further innovation to the area. Please approve this case. Thank you. Pam Mines Dale 25SN1040 - Watkins Centre South I support this data center rezoning on the Watkins Centre South property. It will bring significant economic advantages and diverse jobs to our community. We need the digital infrastructure for reliable connectivity for our schools, local businesses, hospitals, medical centers and residents. Rezoning for data center will also attract other technology companies and further innovation to the area. Please approve this case. Thank you. Pam Mines Dale 25SN1038 - Upper Magnolia Green West Tract A & Tract B Rezoning I support the data center case. It will bring jobs and will make our community safer by strengthening the digital infrastructure that supports our essential services. Devon Kellum Matoaca 25SN1040 - Watkins Centre South I support the data center case. It will bring jobs and will make our community safer by strengthening the digital infrastructure that supports our essential services. Devon Kellum Matoaca 5/28/2025 Page 76 of 116 Comment Type Comment Name District 25SN1040 - Watkins Centre South As a Chesterfield County resident, I strongly support the rezoning of Watkins Centre South for data center development. This initiative aligns with our county’s long-term economic vision, bringing high-quality infrastructure and significant investment to our community. The proximity to existing utilities makes this an ideal site, ensuring sustainable growth while fostering job creation and technological advancements. I appreciate the county’s commitment to thoughtful planning and responsible development. Deven Sellers Midlothian 25SN1038 - Upper Magnolia Green West Tract A & Tract B Rezoning I fully support the rezoning of Upper Magnolia Green West for data center development. Chesterfield County continues to demonstrate strong leadership in economic planning, and this project will provide lasting benefits, including increased tax revenue, job opportunities, and technological growth. Selecting locations with existing or planned utilities ensures responsible development that minimizes disruption while maximizing community impact. I look forward to seeing the positive changes this investment will bring. Deven Sellers Midlothian Moving Forward. . .The Comprehensive Plan for Chesterfield EN 1 CHAPTER 9: ENVIRONMENT Overview A wealth of land, air and water resources exists in Chesterfield County, contributing to a high quality of life. These resources are one of many factors that shape development in the county. Innovative designs should incorporate these resources into development to enhance the landscape and community while at the same time accommodating growth and development. Certain land, air and water resources are protected by federal, state and county laws and regulations. These legal requirements are designed to protect natural resources for the health, safety and welfare of county residents. Understanding the benefits of these resources and the requirements governing them is important to successfully integrate the environmental and developmental goals of the Plan. This chapter: • Provides an overview of the county’s land, air and water resources. • Identifies factors and existing requirements that impact these resources. • Identifies the relationship between these resources and development. • Identifies impacts of human activities on these resources. • Suggests guidance for consideration of these resources into development. DESIRED OUTCOMES OF THIS CHAPTER: • Protection of Important Natural Resources • County Commitment to Environmental Stewardship Through Public Services • Recognition and Role of Federal, State and Local Requirements • Environmental Features Incorporated into Development for Active and Passive Recreation • Protection of Life and Property • Promote Farming and Forestry as Viable Industries along with Agri-tourism • Recognition of the Impacts of Development on Natural Resources • Support Protection of Green Infrastructure for Community Mental and Physical Health CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 2 GREEN INFRASTRUCTURE APPROACH A green infrastructure approach starts with the comprehensive plan and is incorporated throughout the zoning and development process. This approach would also influence public investment in parks and other community facilities as well as develop private partnerships. Natural resources, such as forests, function better when intact and not fragmented, thus it is important that natural communities stay connected across various properties. This can be accomplished by clearly identifying natural resources early in the planning process and offering incentives that ensure the preservation and protection of these resources not only on individual projects but also across property boundaries. Natural resources can be incorporated into residential and commercial developments as passive or active open space, while also providing important functions such as improving air quality, flood control and providing wildlife habitat. As the county continues to develop in previously undeveloped areas, natural features such as tree canopy should be encouraged to be retained or protected. Green spaces should be incorporated into all development projects, and wherever appropriate, be made key features of such development. Green spaces in urban, suburban and rural areas will differ from each other but are important components of each setting. County Commitment to Environmental Stewardship Environmentalism is a core tenet of public health, and Chesterfield is dedicated to implementing best practices that protect the county’s water, air, land, wildlife, and other natural resources. Our dedication to protecting our ecosystem means we strive to exceed—not simply meet—local, state and federal standards and regulations. PARTICIPATION IN REGIONAL EFFORTS PlanRVA was awarded $1 million from the Climate Pollution Reduction Grant by the Environmental Protection Agency to support efforts aimed at reducing greenhouse gas emissions and other air pollutants. PlanRVA is using these funds to develop a Priority Climate Action Plan (completed in March 2024) and a Comprehensive Climate Action Plan, which is due in 2025. Chesterfield County is a participant in the development and implementation of both plans. AWARDS & ACCOMPLISHMENTS Chesterfield County has been recognized for its efforts to go above and beyond to protect the environment. Different departments take on initiatives that demonstrate excellent environmental stewardship and many of these efforts have been recognized by organizations that are leaders in the field. The county’s environmental stewardship webpage has detailed information about awards and accomplishments by different departments. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 3 PROGRAMMING AND PARTNERSHIPS Environmental stewardship can only be done effectively if we are all doing our part and working towards the same goal. Chesterfield would not be able to do so much for the environment without the continued dedication and teamwork of so many of its departments. Parks and Recreation Parks and Recreation operates and partners with over 300 programs focused on environmental stewardship, and they are looking to increase offerings for youth, adults, families, and groups that provide opportunities for quality experiences of outdoor-based activities, environmental education and access to natural areas. With a focus on nature and environmental education, these opportunities provide firsthand experiences in natural settings that lend themselves to the development of new lifetime activities, appreciation of the natural world, and learned conservation principles. Some of these programs include: • Chronolog stations – In 2023, four out of five planned chronolog stations were established in Rockwood Park, Dodd Park, Radcliffe Conservation Area, and Dutch Gap Conservation Area. A chronolog is a scientific tool used to engage people with nature in an interactive way by creating time lapses of our natural areas from photos they have taken from a fixed point. This creates a record of phenological change for scientific use and education. • Forest Management Program –The planned Small Acreage Forestry Management Program will offer a range of services and resources to support forest owners in meeting their specific needs. Key features include: o Customized Management Plans – Forest owners will have the opportunity to develop personalized forest management plans that consider the unique characteristics of each small acreage, addressing the owner's goals, whether they involve wildlife habitat enhancement, trail development or overall ecosystem health and forest protection. o Wildlife Habitat Enhancement – For those seeking to attract specific animals or promote biodiversity, strategies can be developed for creating and maintaining wildlife- friendly habitats. This includes guidance on plant selection, habitat structures, and sustainable practices to support a diverse range of flora and fauna. o Recreational Trail Design – Recognizing the importance of recreation in forested areas, the program will provide expertise in designing and implementing trails that enhance the accessibility and enjoyment of the forest. This includes considerations for sustainability, environmental impact and user safety. o Educational Workshops and Resources – Empowering forest owners with knowledge covering various aspects of small acreage forestry management to equip owners with the skills needed to sustainably manage their forested lands. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 4 o Pesticide Training Program – Assist citizens with the proper use of pesticides including recertification training for existing license holders and certification training programs. o Farm Succession Planning – Address the preservation of farm and forest land. Via a Certified Farm Succession Planner, training will be offered to producers in preserving their farmland. • Grow school-based programming – The staff at Rockwood Nature Center partners with the James River Association to provide fourth graders from several Chesterfield County schools SOL- related watershed education programs framed within the context of the James River, its tributaries, ecosystems and habitats. This opportunity was free for the students through a grant from Lego. Beginning in FY25 there will be no fees charged to any CCPS school that schedules a program with Rockwood Nature Center or other areas of the outdoor section. With this, the goal is to offer programming to an increased number of schools. Community Enhancement In partnership with neighborhood leaders and associations, Community Enhancement provides multiple programs, all with the goal of a healthy and vibrant community. These programs are funded locally and with state grants. Ongoing initiatives include: • Neighborhood cleanups – In partnership with neighborhood leaders and associations, Community Enhancement organizes community cleanups that play an important role in maintaining healthy and vibrant neighborhoods. • Community Outreach – Continued public education and outreach for litter prevention efforts. • Adopt-A-Spot Litter Prevention – Organizations, businesses, individuals and volunteer groups can adopt areas within the County, including parks, school grounds, libraries, parking lots, vacant lots, etc. to ensure they are clean and litter-free. • Assign-A-Highway – Individuals completing court-mandated community service hours can do so via the Assign-A-Highway program to clear litter from assigned areas. • Landfill Inspections – This program aims to protect the health, welfare and safety of the county’s residents by ensuring that landfills comply with the County code and DEQ regulations. • Tree Planting Program –Community Enhancement organizes the planting of shrubs and trees in medians as part of the mission to enhance the value, quality, and attractiveness of the county. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 5 Utilities The Utilities Department manages the county’s water and wastewater infrastructure. More detailed information can be found in Chapter 12: Water and Wastewater. Projects related to environmental stewardship include: • Phosphorus Removal Projects – Utilities has commissioned projects for the Falling Creek and Proctors Creek Wastewater Treatment Plants to improve phosphorus removal capabilities and consequently positively impact the long-term environmental health of the James River and the Chesapeake Bay. These projects are scheduled to be completed in 2026 to comply with amended standards for the waste load allocation for phosphorous required by the Virginia Pollutant Discharge Elimination Systems Watershed Permit Regulation. • Nitrogen Removal Projects – Both the Falling Creek and Proctors Creek Wastewater Treatment Plants use Biological Nutrient Removal (BNR) technologies to convert ammonia in wastewater to nitrogen gas which can be released harmlessly into the atmosphere. To ensure our ability to reliably operate within regulatory requirements, particularly as demand continues to grow, and to comply with stricter effluent concentration limits for ammonia, the department has initiated projects at each facility for Side Stream Treatment. As each plant produces biosolids, centrate from the biosolids dewatering process is recycled back through the treatment plant, which can make nitrogen removal more difficult. To combat this, a new process will be utilized to convert centrate ammonia to nitrogen gas before the centrate is introduced back into the process, thus improving treatment efficiency and efficacy. The Proctors Creek project is set for completion in FY27, with work at Falling Creek Wastewater Treatment Plant scheduled for subsequent fiscal years. • Advanced Metering – The Advanced Metering Infrastructure (AMI) project will be completed at the end of 2024, which upgrades all County water meters to state-of-the-art technology, resulting in improved services, greater ability for customers to manage water use, improved operational efficiency, and enhanced environmental stewardship. In addition to the operational benefits, this project will reduce trucks on the roadways as there will be less need to physically visit meters, thereby reducing carbon emissions and fuel consumption. The meters also increase customer awareness of usage and early water leak detection which encourages conservation of water resources. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 6 RISK MANAGEMENT Risk Management touches several aspects of the County’s overall environmental stewardship program, including procurement support, hazardous waste and materials management, reporting and regulatory compliance monitoring and environmental health and safety training. In addition to these ongoing efforts, Risk Management is developing a recommendation for key performance measures for environmental/sustainability areas such as waste minimization, energy/water use and electronics recycling. Environmental Engineering Environmental Engineering works with residents, businesses and the development community to protect natural resources and enhance communities while accommodating growth and development. The department is working on two key stream restoration projects: Proctors Creek Stream Restoration – Restoring A tributary to Proctors Creek that was straightened many decades ago to accommodate utility infrastructure and has since experienced systemwide degradation is being restored. The restoration will establish a more natural and stable stream channel that will improve water quality and aquatic habitat within the creek while also protecting adjacent properties and infrastructure from damage caused by flooding. Stonehenge Stream Restoration – Restoring a tributary to Falling Creek that has experienced significant damage caused by increased frequency and intensity of rain events in an area with highly erodible soils. The restoration will include a full channel restoration that will increase flood capacity and storage and improve water quality while also reducing sediment transport and bank erosion. General Services General Services provides the county government with services including capital projects management, emergency community system maintenance, energy management, facilities maintenance, fleet services division, and security management. More information on General Services can be found in Chapter 15: Community Facilities Plan. One of the General Services Facility Recommendations in the Community Facilities Plan is to identify and evaluate potential charging sites for electric vehicles. Planned locations include AM Davis, Bensley and Western Area Elementary Schools, Falling Creek and Western Area Middle Schools, the Western Area High School, Fleet Services, County Government Complex, Midlothian Library and the Fulghum and CTC Hull Park and Ride facilities. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 7 Eleven county facilities recently underwent projects to have solar panels installed: • Beulah Elementary School • Beulah Recreation Center (to be implemented in spring 2024) • Eanes-Pittman Public Safety Training Center • Enon Elementary School • Ettrick Elementary School • Harrowgate Elementary School • Matoaca Elementary School • Midlothian Public Library (to be implemented in spring 2024) • Moseley Elementary School (to be implemented in spring 2024) • Old Hundred Elementary School • Fleet Maintenance Facility (to be implemented in summer 2023) In addition to the existing eleven facilities with solar, projects are in the design phase for Evergreen Elementary, Falling Creek, Swift Creek and Western Area Middle Schools and Meadowbrook High School. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 8 Land Resources ECOREGIONS & GEOLOGY The county’s terrain rises from sea level on the eastern boundary to 390 feet above average sea level on the western boundary. Ecoregions are areas having similar “geology, physiography, vegetation, climate, soils, land use, wildlife, and hydrology. Chesterfield County is in two major ecoregions, the Piedmont and the Southeastern Plain. Each of these regions has distinct characteristics in terms of geology, topography and soils. The fall line between the two ecoregions marks the limits of navigation on the James and Appomattox Rivers and is the approximate location of an ancient shoreline when the sea level was higher than it is today. The Piedmont landform occupies the largest area of the county, with rolling hills and well-drained soils. A sub-area known as the Triassic Basin is characterized by soils with the potential to excessively shrink when dry and swell when wet. The Rolling Coastal Plain is mostly concentrated in the eastern portion of the county and is generally flat with moderately to well-drained sandy soils created by the ancient shoreline of the Atlantic Ocean. Steep slopes in both landform regions are subject to severe erosion when disturbed. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 9 SOILS Soil types can impact building foundations, drain fields, the design of drainage systems and the ability to install low-impact design features. In addition, wetland areas are generally characterized by hydric soils which are soils formed by periodic or sustained saturation of water. Wetlands regulations impact development design. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 10 MINERAL RESOURCES Mineral resources can be categorized into fuel resources, such as coal and natural gas, and non-fuel resources such as sand and gravel mining. While the first commercial coal production in America occurred in Chesterfield County, coal is no longer actively mined in the county. One of the mineral resources mined in the county today is granite. Fuel Mineral Resources Coal Mining Major coal mining production in the county ceased in 1927, leaving many abandoned mines and shafts in the vicinity of the Midlothian and Winterpock areas. Natural Gas Extraction Black shale and coal beds exist in the Richmond Triassic Basin and the Dutch Gap area. In the late 1970s and early 1980s, approximately 20 wells were drilled in the county to test these formations to determine the feasibility of producing natural gas. While several of the exploratory wells could produce natural gas, there was too much water in the wells to make extraction viable. The wells were subsequently capped in accordance with state and county requirements. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 11 Non-Fuel Mineral Resources Mining of clay, sand and granite is an active part of the county’s economy. Mining industries support development activities. Mineral extraction also creates spin-off jobs in transportation and related industries. Mining and mineral extraction operations are regulated by the Virginia Department of Energy (Virginia Energy), the US Department of Labor’s Mine Safety and Health Administration (MSHA), as well as by zoning requirements. A map of all active and past mining permits can be found on the Virginia Energy website. The map below identifies where mineral resources are in the county. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 12 FOREST AND FARMLAND Forest The Virginia Department of Forestry defines forest as “a plant community in which the dominant vegetation is trees and other woody plants.” In Virginia, forests consist primarily of pines and hardwoods. Over the years, the amount of forestland has decreased primarily due to development. The forested nature of the county provides both an economic and aesthetic benefit. Forests provide recreation opportunities, maintain wildlife habitats, create natural reserves and preserve water quality. The Virginia Department of Forestry monitors and regulates timbering in the county. Based upon 2023 information from the US Forest Service and Virginia Department of Forestry: • Approximately 146,770 acres of forest (52% of the county’s land area) existed in the county. • Approximately 122,266 acres of forest in the county (83% of all forest) were privately owned. Farmland For purposes of zoning, Chesterfield County defines a farm as a tract of land used for raising agricultural products but excluding a farm winery; or a tract of land on which is kept one or more cows, sheep, goats, horses, chickens, other fowl, rabbits, other farm animals or other small, domesticated livestock. There is no definitive source of information regarding the total number of farms and the amount of acreage actively farmed in the county. Farming information can, however, be derived from a variety of sources such as the Census of Agriculture, the county’s Land Use Program and the James River Soil and Water Conservation District (District). In 2022, the Census of Agriculture, the USDA’s complete count of U.S. farms and ranches and the people who operate them reported that the market value of agricultural products sold by county farms totaled approximately $3.5 million. It is also worth noting that farmer’s markets are becoming increasingly popular in the county. Further, opportunities exist for the partnering of area farmers and food manufacturers to grow and produce food within the county. Based on 2022 information from the Census of Agriculture: • Approximately 19,686 acres were dedicated to cropland farming (7% of the county’s land area) producing mainly hay, soybeans, corn, wheat, and vegetables. • Livestock production was active and included cows and calves, chickens, hogs and pigs, goats and alpacas. The amount of land in this category is unknown. • Other farmland activities focused on equestrian boarding and training, nursery production, and vineyards. The James River Soil and Water Conservation District provides cost-share and tax credit incentives through its Agriculture Best Management Practice program to producers in Chesterfield County. Each CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 13 year the district has funding available to qualifying producers to help improve thousands of acres of land. This funding provides incentives for improving soil and water quality in the Chesapeake Bay watershed. The district also implements the Virginia Conservation Assistance Program which offers financial assistance to homeowners to promote urban conservation to reduce sediment and nutrient inputs into local waterbodies and the Chesapeake Bay. Some farming may take place in the water to raise fish, shellfish or aquatic plants. There are no known commercial fisheries in Chesterfield County. Aquaculture may take place on private farms and aquaculture research is being performed at Virginia State University. Urban Agriculture The field of urban agriculture is also an important type of farming and can take advantage of underutilized properties in urban or suburban settings that may be too small to support traditional farming. Urban farming provides education, health, social and economic benefits to local communities. To increase these benefits in the county, numerous local and regional markets such as restaurants, community-supported agriculture (CSAs) and farmers’ markets could be explored in partnership with research at Virginia State University. County Land Use Program - Existing Incentives for Forestland and Farmland Preservation As of 2024, approximately 3,500 acres of agriculture and horticulture properties and 54,000 acres of forestland (21% of the county’s land area) were enrolled in the county’s Land Use Program. As outlined in Va. Code § 58.1-3233(2), land must meet minimum acreage requirements to qualify for the Land Use Program: • 5 acres for agricultural uses • 5 acres for horticultural use • 20 acres for forest use, or • 5 acres for open-space use. This voluntary program was established by the Code of Virginia to “promote the preservation of land for public benefit.” The program provides tax relief to landowners whose property meets certain size criteria and is used for agricultural, horticultural, forestal and open space uses. A landowner pays taxes on the assessed value of the land-based on use rather than market value. To incentivize landowners to preserve their properties in their natural state, the Land Use Program assesses a tax, known as a rollback tax, on the property owner in certain circumstances when the land use intensifies, the size of the property is decreased below the minimum acreage required for the program, or the property owner rezones the property to a more intensive use. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 14 CONSERVATION LANDS Approximately 13,855 acres (5% of the county’s land area) are owned by local, state and federal governments and private land trusts as parks, management areas, or research lands or are protected under conservation or open space easements. The character of these areas varies from woods and wetlands to active playing fields. Federal-Owned Conservation Lands Federal conservation lands in the county include 1,295 of the 1,329 acres in the US Fish and Wildlife’s Presquille National Wildlife Refuge and 49 acres of the US National Park’s Richmond National Battlefield, famous for Parker’s Battery and Drewry’s Bluff. Both federally owned conservation lands are open to the public. State-Owned Conservation Lands The Commonwealth of Virginia owns properties across the county for various purposes including research, protection of sensitive resources and public access. The VA Department of Conservation and Recreation (DCR) owns and manages Pocahontas State Park, the largest state park in Virginia, comprising 7,920 acres. DCR also owns 166 acres of Mary B. Stratton Park, which is managed by the county. There is one state forest located in Chesterfield County called Chesterfield State Forest, and it is 440 acres in size. The VA Department of Wildlife Resources owns and manages Wildlife Management Areas (WMA) including the 80-acre Johnson Marsh State WMA and the 145-acre DWR Meadowview holding. These WMAs are currently restricted from public access. County-Owned Conservation Lands Of the 5,630+ acres within the Chesterfield Parks and Recreation system, approximately 3,696 acres are held as conservation lands. These lands are generally open to the public. The county park system is discussed in more detail in The Community Facilities Plan chapter. Privately-Owned Conservation Lands Nearly 64 acres of conservation lands are owned and managed by non-profits such as land trusts and conservancies. Public access is limited or closed. Conservation and Open Space Easements Landowners can benefit from federal and state tax programs by voluntarily placing conservation and open space easements on their property. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 15 Conservation easements are an agreement between a landowner and a qualified land protection organization, often called a land trust. Conservation easements protect land in perpetuity from future development. A landowner enters into an agreement with an organization to hold the easement, which is recorded with the property deed and runs with the land. Open space easements are an agreement between a landowner and a public body, including state agencies, local governments and soil and water conservation districts, among others. In addition, local governments are authorized to acquire and designate property for open space preservation. Open space easements must last for a minimum of five years but may also be perpetual. Easement agreements vary from property to property. The use of the property is limited, but continued farming and forestry operations may be allowed. The use of the property under the easement or agreement must conform to the county’s Comprehensive Plan. According to DCR, as of October 29, 2025, approximately 2,788 acres in the county are under conservation easements on properties owned by public (761 acres) or private entities (2,027 acres). According to county GIS data, as of January 15, 2025, approximately 296 acres in the county are held in open-space easements. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 16 Zoning Tools In addition to easement programs, the Zoning Ordinance can be used to promote cluster developments that preserve natural, environmental and open space features for the enjoyment of the public. Potential tools include new zoning districts and new design standards to guide land developers. NATURAL HERITAGE RESOURCES The Virginia Natural Area Preserves Act defines natural heritage resources as “the habitat of rare, threatened, or endangered plant and animal species, rare or significant natural communities of geological sites, and similar features of scientific interest.” The Virginia Department of Conservation and Recreation’s Division of Natural Heritage and the Virginia Department of Wildlife Resources document natural heritage resources. When permits are required to disturb wetlands, developers are required to provide an inventory of the site’s natural heritage resources in conjunction with the permit application. Through the state and federal permitting processes, determinations are made as to what measures, if any, must be taken to protect any identified natural heritage resources. Some of the county’s natural heritage resources include: • The Barking Treefrog (Hylas gratiosa) – listed by the State as a threatened species. • The Yellow Lampmussel (lampsilis cariosa). • Atlantic Sturgeon (Acipenser oxyrinchus) – listed by the U.S. Fish & Wildlife Service and the State as an endangered species. • The Ohio River Shrimp (Macrobrachium ohione) – prioritized for protection by the State as critically imperiled because of extreme rarity. • Tidal Freshwater Marsh – prioritized for protection by the State as uncommon but not rare. • Virginia Least Trillium (Trillium pusillum var. virginianum) – listed by the U.S. Fish & Wildlife Service as a species of concern and prioritized for protection by the State as imperiled because of rarity. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 17 RELATIONSHIP BETWEEN LAND RESOURCES & DEVELOPMENT INFRASTRUCTURE Foundations Building foundation designs can be impacted by soil types. The county’s Department of Building Inspection addresses building foundation designs in areas with soils that shrink when dry and swell when wet. The U. S. Department of Agriculture maintains the Web Soil Survey that provides maps of all soil types. Private Individual On-Site Wastewater Treatment Soils and topography affect the ability to install drain fields for private individual on-site wastewater treatment facilities. Installation of a private system must be approved by the Chesterfield County Health Department. All private conventional and alternative onsite sewage systems shall be maintained (including pump-out or inspection requirements) per county code and state regulations as noted on plats. The eastern area of the county is generally suitable for the installation of conventional septic systems. Soils in the western area of the county, especially in the Triassic Basin, are generally unsuitable for conventional systems (see map on page EN 3). Where soils are not suitable for conventional systems, alternative on-site septic systems may be installed. These alternative systems process waste for an individual residence. Approximately 24,600 properties are on private individual conventional septic systems. The average lifespan of a conventional system is 35 years. The county requires that these systems be pumped out every five years. Current regulations require sufficient acreage and soil conditions that can accommodate a reserve drain field for a conventional system. Approximately 730 county residences are on an alternative on-site septic system. An alternative on-site system does not require as much land area as a conventional system. The initial cost for installation of an alternative on-site septic system is higher than that of a conventional system due to the treatment unit and each system must be designed by a professional engineer or alternative onsite evaluator. Alternative on-site septic systems also have higher annual maintenance costs due to their complexity. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 18 IMPACTS OF SPECIFIC LAND USES ON LAND RESOURCES AND DEVELOPMENT Existing and new development can be impacted by activities that use, or have used, land resources. These activities include coal mines, mineral extraction and landfills. When abandoned and reclaimed, some of these areas also have the potential for adaptive reuse such as sites for alternative and renewable energy. Coal Mine Virginia Energy manages an Abandoned Mine Lands program to assist in locating and characterizing the hazards associated with abandoned coal mining activities. Development in the vicinity of abandoned coal mining activities must be sensitive to the potential existence of shafts that can cause sinkholes in the earth. Therefore, careful attention must be given to the placement of structures in relationship to past mining activities. The county maintains maps showing the approximate locations of abandoned mines and shafts. This information is used when reviewing development proposals in the vicinity of past coal mining activities and recommendations are made accordingly through the development review process. Fuel and Non-Fuel Mineral Resource Extractions Virginia Energy permitting and the county’s zoning and development review processes regulate mineral extraction activities in the county. While extractions provide an economic benefit, the activity can impact nearby land uses. Impacts from and reclamation of extraction sites are addressed through the zoning for a property and the development review process. Impacts from active operations could include dust, noise and vibration from blasting and crushing. Residential uses are especially vulnerable to these impacts. Closed sites should be properly secured and reclaimed. Solid Waste Landfills are sites for the disposal of waste and are regulated by the Virginia Department of Environmental Quality. The county also regulates landfills through zoning, the development review process and county ordinance. There are three types of landfills: • Sanitary landfills accept household, business and industrial waste. • Construction/demolition/debris landfills accept land-cleared material and construction debris. • Hazardous waste landfills are treatment, storage and disposal facilities for hazardous waste. The Solid Waste Management Plan is maintained by the Central Virginia Waste Management Association (CVWMA), a public service authority for solid waste and recycling for thirteen local governments in CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 19 central Virginia. The plan defines solid waste management objectives for the service area and provides an inventory of all active and closed solid waste facilities in the service area. The Central Virginia Solid Waste Management Plan was initially approved by DEQ on February 20, 2004, and has since been updated in 2009, 2014, 2019, and 2024. CVWMA is required to update the Solid Waste Management Plan every five years. Impacts and reclamation of landfills are addressed through the zoning and development review processes. Impacts from active operations could include dust, noise, water pollution and odor. Active and closed landfills generate methane gas and leachate. Residential uses are especially vulnerable to these impacts. Closed landfills must be properly secured and stabilized per applicable legal requirements. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 20 Air Quality Air quality is influenced by many elements from a wide geographic area. For example, the air quality of Chesterfield County is affected not only by personal daily actions such as operating a motor vehicle but also by the emissions of major industries located hundreds of miles away. National Ambient Air Quality Standards are set by the Environmental Protection Agency and air quality is monitored by the Virginia Department of Environmental Quality. Outdoor, or ambient, air is monitored for five pollutants: carbon monoxide, sulfur dioxide, nitrogen dioxide, ozone and particulate matter. Ozone, the primary component of smog, directly impacts citizens’ health, particularly those with asthma or emphysema. Air quality is measured at a regional scale and has steadily improved since 2012 due to collaborative efforts by community leaders. The Richmond region includes Chesterfield County, as well as the counties of Charles City, Hanover, Henrico, Prince George and the cities of Colonial Heights, Hopewell, Petersburg and Richmond. Two of the regional monitoring stations operated by the Department of Environmental Quality are in the county: one at Beach and Spring Run Roads, which collects data on ambient ozone levels, and one at the Defense Supply Center on Jefferson Davis Highway which collects data on particulate matter. On June 4, 2018, the EPA designated the Richmond region as attainment/maintenance for the 2015 8-hour Ozone National Ambient Air Quality Standards (NAAQS), which means the area is meeting the applicable air quality standard. Current data can be found on the EPA Nonattainment and Maintenance Area Dashboard. In 2013, leaders from the region developed an action plan to promote ongoing good air quality. A 2017 update to the action plan indicates that air quality improvements are continuing in the region due to increases in ridesharing, investment in renewable energy and a reduction in coal-powered electricity. In 2023, PlanRVA was awarded a $1 Million Climate Pollution Reduction Grant to develop a climate action plan for the Richmond Metro Statistical Area. The Priority Climate Action Plan (PCAP) was completed in March 2024. The PCAP identifies high-priority, ready-to-implement, GHG reduction measures that will provide significant GHG reductions and other benefits to the Richmond region metropolitan statistical area (MSA). PlanRVA is expected to complete the Comprehensive Climate Action Plan (CCAP) in 2025, which will include near- and long-term GHG emission reduction goals and strategies as well as a timeline for achieving reduction goals. The CCAP will include all sectors that contribute to air pollutant emissions. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 21 Noise Noise pollution is unwanted, disturbing, disagreeable or unpleasant sound. There are two types of noise: • Background sounds such as those created by traffic and mechanical equipment. • Short-term sounds such as those created by construction, animals, refuse collection, airports, railroads and outdoor events. The EPA regulates noise sources such as rail and motor carriers, construction equipment, transport equipment, trucks and motorcycles. Noise generation can also be regulated at the local level. The Land Use Plan chapter considers noise impacts by discouraging incompatible land uses in close proximity. Further, The Land Use Plan chapter discourages residential uses in areas impacted by the Chesterfield County Airport. The County Code addresses short-term noise disturbances such as those from garbage collection, radios, televisions, loudspeakers and lawn maintenance. The Zoning Ordinance also addresses potential noise impacts through setback and buffer requirements and, in some districts, limitations on hours of operation. Through the zoning process, conditions may be considered to address the potential noise impacts of a specific development proposal. Light Light pollution is the alteration of outdoor light levels due to man-made sources of light. Improperly directed or unshielded light can create a nuisance. The Zoning Ordinance addresses light pollution, requiring light sources to be directed downward; preventing direct view of light sources from public rights-of-way and residential properties; limiting light intensity; and, in some instances, requiring buffers. Through the zoning process, conditions may be considered to address the potential light impact of a specific development proposal. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 22 Water Resources GROUNDWATER Groundwater is the water beneath the surface of the earth and is an important resource for domestic and industrial use. Groundwater is stored in underground formations known as aquifers. Wells are one way to remove groundwater from aquifers. Soil, rock, precipitation and topographical conditions impact the ability and rate of an aquifer to recharge, which is the natural ability of an aquifer to refill with water. Over pumping and overuse of groundwater can lead to the failure of an aquifer and the permanent loss of that water resource. Aquifers in the Piedmont, Triassic Basin and Coastal Plain have separate and unique characteristics. Generally, wells in the Coastal Plain recharge quickly due to sandy soil conditions, whereas wells in the Triassic Basin do not recharge as rapidly due to rock formations that impede the flow of water into the aquifer. Also, due to rock formations in the Triassic Basin, it is often necessary to drill deep wells and/or to drill at several locations before finding an adequate water supply. In some instances, it is also necessary to have several wells on an individual site to obtain an adequate water supply. Aquifers are subject to pollution from infiltration of stormwater, surface water and contaminants that are dumped onto the ground’s surface and filter down into the groundwater. In Chesterfield County, only residents with private wells obtain drinking water from groundwater. Groundwater in the county is also pumped and used for industrial purposes. Installation of a drinking water well must be approved by the Chesterfield Health District. Approximately 7,600 county residences are on private wells. A residential well must yield a minimum of three gallons per minute to meet county requirements. For any newly created parcel, the county requires a minimum lot size of one acre for the installation of a residential well. Some of Chesterfield County’s groundwater is in the Eastern Virginia Groundwater Management Area, one of only two groundwater management areas in the state. This Area was created to conserve the use and protect the quality of the groundwater for all areas east of Interstate 95. In 2015, the General Assembly established the Eastern Virginia Groundwater Management Advisory Committee to develop, revise and implement a management strategy for groundwater in the Eastern Virginia Groundwater Management Area. The county submitted a water resource plan in support of the committee’s efforts. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 23 SURFACE WATER Surface water includes wetlands, streams, lakes, springs, ponds and rivers. Chesterfield County has 92 miles of waterfront along the James and Appomattox Rivers. Twelve of the 92 miles are along Lake Chesdin, created by a dam on the Appomattox River. Approximately 19 miles of the Appomattox River from the Brasfield Dam at Lake Chesdin to where it meets the James River (excluding the Port Walthall Channel) have been designated by the state as a scenic river. This designation recognizes the natural, scenic, historic and recreational value of this portion of the river and does not imply any land use controls or public access. In addition, thousands of miles of streams exist in the county, as well as hundreds of lakes and ponds. County surface water drains to the James River, which ultimately flows to the Chesapeake Bay. County surface waters are protected by regulation of development activities to control erosion, sediment and stormwater, as well as preserve sensitive buffer areas adjacent to streams and wetlands. County surface waters are also protected under a permit issued to the county by DEQ, which requires oversight of the county’s storm sewer system to prevent pollutants from ultimately discharging to our local creeks and rivers. The county also addresses issues of stream and shoreline erosion through the development process. In addition, the county actively works with property owners to address erosion and water quality issues following development through the stormwater infrastructure capital improvement program and support from the county’s Department of Environmental Engineering. DOCKS AND PIERS Docks and piers are structures built out into the water that allow public or private access to water bodies for safe recreational access such as fishing, swimming or boating. Pillars are submerged into the bottom of the waterbody. Docks and piers are considered water-dependent uses and are permitted under the Chesapeake Bay Act. Installation of such structures can prevent shoreline erosion for areas with high use but must be built with proper design and materials to limit impacts. In addition to impacts from improper materials, structures can also displace aquatic vegetation and introduce shade to waterbodies. The county regulates the permitting of shoreline structures along Swift Creek Reservoir. The Virginia Marine Resources Commission and the Appomattox River Water Authority, in coordination with the county, regulate the permitting of shoreline structures along Lake Chesdin. The Virginia Marine Resources Commission in coordination with the county regulates the permitting of shoreline structures along all-natural water bodies. Any proposed work in a waterbody (natural or man-made), tidal or non- tidal wetland requires the submission of a Joint Permit Application to the Virginia Marine Resources Commission. (VMRC acts as the clearing house and distributes copies of the JPA to the appropriate Federal, State, and Local agencies for their independent review and permitting actions.) CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 24 DRINKING WATER SOURCE WATERSHEDS Swift Creek Reservoir, a source of drinking water, is a 1,700-acre water amenity. The Reservoir is maintained by the Department of Utilities. More information regarding the Swift Creek Reservoir as a drinking water source is found in the Water and Wastewater chapter. Lake Chesdin, a source of drinking water, is a 3,100-acre water amenity. The Lake is maintained by the Appomattox River Water Authority. More information regarding Lake Chesdin as a drinking water source and the Appomattox River Water Authority is found in the Water and Wastewater chapter. Until 1985, Falling Creek Reservoir was used as a drinking water source. A combination of water quantity and quality issues made it no longer cost-effective to use it as a drinking water source. The Falling Creek Dam is maintained by the Department of Utilities. In addition to Swift Creek Reservoir and Lake Chesdin, the James River is a third drinking water source for the county. These resources also provide aesthetic and recreational benefits. Drinking water supply and capacity are critical to the growth and development of the county. The county strives to ensure an adequate supply of drinking water. The Water and Wastewater chapter (Chapter 12) contains a comprehensive discussion of water supply demand and projections of the county’s water needs. The Swift Creek Reservoir Watershed comprises approximately 40,000 acres. Approximately 33,000 acres (or 83%) of the watershed lie within the county’s boundaries. This enhances the county’s ability to protect water quality in the reservoir through proactive measures. The remaining portion of the watershed lies in Powhatan County. The Upper Swift Creek Watershed is defined in the zoning ordinance as “all lands in the county located upstream of the Swift Creek Reservoir Dam” and is the portion of the watershed that lies within the jurisdictional boundary of Chesterfield County. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 25 The Lake Chesdin Watershed comprises approximately 854,000 acres. Approximately 65,500 acres (or 8%) of the watershed lie within the county’s boundaries, limiting the county’s ability to significantly affect the water quality of the reservoir. Lake Chesdin is controlled by the Appomattox River Water Authority of which the county is a member. Further discussion of the role of the Authority is outlined in the Water and Wastewater chapter. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 26 FLOODPLAINS Floodplains are areas of land along rivers or streams that are periodically flooded because of precipitation, snow melt and stormwater. Floodplains provide storage capacity for excess water until downstream surface water systems can adequately accommodate the flow. Floodplains that are left in their natural state benefit water quality by providing a buffer between development and the water body. The county’s floodplain map was updated by the Federal Emergency Management Agency in 2024. The Zoning Ordinance restricts construction in floodplains to prevent the loss of life and property and limits clearing within floodplains that are part of a Resource Protection Area. For areas within the Upper Swift Creek Watershed, clearing in floodplains adjacent to non-Resource Protection Area streams is also limited by the Zoning Ordinance. WETLANDS Chesterfield has both tidal and non-tidal wetland areas. The United States Army Corps of Engineers and DEQ define a wetland as “areas inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal conditions do support, a prevalence of vegetation typically adaptive for life in saturated soil conditions. Wetlands generally include swamps, marshes and bogs.” The Code of Virginia Section 28.2.1300 defines "Vegetated wetlands" as lands lying between and contiguous to mean low water and an elevation above mean low water equal to the factor one and one-half times the mean tide range at the site of the proposed project in the county, city, or town in question, and upon which is growing any of the following species: saltmarsh cordgrass (Spartina alterniflora), saltmeadow hay (Spartina patens), saltgrass (Distichlis spicata), black needlerush (Juncus roemerianus), saltwort (Salicornia spp.), sea lavender (Limonium spp.), marsh elder (Iva frutescens), groundsel bush (Baccharis halimifolia), wax myrtle (Myrica sp.), sea oxeye (Borrichia frutescens), arrow arum (Peltandra virginica), pickerelweed (Pontederia cordata), big cordgrass (Spartina cynosuroides), rice cutgrass (Leersia oryzoides), wildrice (Zizania aquatica), bulrush (Scirpus validus), spikerush (Eleocharis sp.), sea rocket (Cakile edentula), southern wildrice (Zizaniopsis miliacea), cattail (Typha spp.), three-square (Scirpus spp.), buttonbush (Cephalanthus occidentalis), bald cypress (Taxodium distichum), black gum (Nyssa sylvatica), tupelo (Nyssa aquatica), dock (Rumex spp.), yellow pond lily (Nuphar sp.), marsh fleabane (Pluchea purpurascens), royal fern (Osmunda regalis), marsh hibiscus (Hibiscus moscheutos), beggar's tick (Bidens sp.), smartweed (Polygonum sp.), arrowhead (Sagittaria spp.), sweet flag (Acorus calamus), water hemp (Amaranthus cannabinus), reed grass (Phragmites communis), or switch grass (Panicum virgatum)." Nonvegetated wetlands" are defined as unvegetated lands lying contiguous to mean low water and between mean low water and mean high water, including those unvegetated areas of Back Bay and its tributaries and the North Landing River and its tributaries subject to flooding by normal and wind tides but not hurricane or tropical storm tides. Wetlands provide numerous environmental services. They filter pollution, mitigate flooding, provide a CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 27 source of groundwater recharge and provide habitat for diverse wildlife and plants. Chesterfield County wetlands are protected under the Zoning Ordinance, the stormwater ordinance, the erosion and sediment control ordinance, as well as by laws and regulations administered by the Army Corps, Virginia Marine Resources Commission, and DEQ. The Army Corps, Virginia Marine Resources Commission, and DEQ review and issue permits for disturbance of wetlands. These permits may require mitigation of impacts through Water Quality Impact Assessments, stream restorations, provision of compensating wetlands elsewhere, or purchase of credits from an Army Corps or DEQ-approved wetlands mitigation bank. COMMERCIAL & RECREATIONAL FISHERIES According to the Department of Wildlife Resources (DWR), there is a commercial harvest of blue catfish in the region with most of the harvest occurring in the main channel of the James River and downstream of the Chesterfield County border. On occasion, a few commercial anglers may be found venturing into the mouth of the Appomattox River. Otherwise, the main uses of the county’s aquatic resources are recreational. COMPREHENSIVE COASTAL RESOURCE MANAGEMENT Coastal ecosystems reside at the interface between the land and water and are naturally very complex. They perform a vast array of functions by way of shoreline stabilization, improved water quality, and habitat for fishes; from which humans derive direct and indirect benefits. The science behind coastal ecosystem resource management has revealed that traditional resource management practices limit the ability of the coastal ecosystem to perform many of these essential functions. The loss of these services has already been noted throughout coastal communities in Virginia because of development in coastal zone areas coupled with common erosion control practices. Beaches and dunes are diminishing due to a reduction in the natural sediment supply. Wetlands are drowning in place as sea level rises and barriers to inland migration have been created by construction of bulkheads and revetments. There is great concern on the part of the Commonwealth that the continued armoring of shorelines and construction within the coastal area will threaten the long-term sustainability of coastal ecosystems under current and projected sea level rise. In the 1980s, interest arose in the use of planted wetlands to provide natural shoreline erosion control. Today, a full spectrum of living shoreline design options is available to address the various energy settings and erosion problems found. Depending on the site characteristics, they range from marsh plantings to the use of rock sills in combination with beach nourishment. Research continues to support that these approaches combat shoreline erosion, minimize impacts to the natural coastal ecosystem and reinforce the principle that an integrated approach for managing tidal shorelines enhances the probability that the resources will be sustained. Therefore, the adoption of new guidance and shoreline best management practices for coastal communities is now necessary to ensure that functions performed by coastal ecosystems will be preserved and the benefits derived by humans from coastal ecosystems will be maintained into the future. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 28 In 2011, the Virginia General Assembly passed legislation to amend §28.2-1100 and §28.2-104.1 of the Code of Virginia and added section §15.2-2223.2, to codify a new directive for shoreline management in Tidewater Virginia. In accordance with section §15.2-2223.2, all local governments shall include in the next revision of their comprehensive plan beginning in 2013, guidance prepared by the Virginia Institute of Marine Science (VIMS) regarding coastal resource management and, more specifically, guidance for the appropriate selection of living shoreline management practices. The legislation establishes the policy that living shorelines are the preferred alternative for stabilizing eroding shorelines. This guidance, known as the Comprehensive Coastal Resource Management Guidance, was prepared by VIMS for localities within the Tidewater region of Virginia and shared through their Comprehensive Coastal Resources Management Portal (CCRMP). It explicitly outlines where and what new shoreline best management practices should be considered where coastal modifications are necessary to reduce shoreline erosion and protect our fragile coastal ecosystems. This guidance includes a full spectrum of appropriate management options that can be used by local governments for site-specific application and consideration of cumulative shoreline impacts. The guidance applies a decision-tree method using a resource mapping database that will be updated from time to time, and a digital geographic information system model created by VIMS. Recommendations • Refer to the guidance presented in the VIMS online Comprehensive Coastal Resource Management Portal (CCRMP) prepared for Chesterfield County to guide regulation and policy decisions regarding shoreline erosion control. • Utilize the VIMS online Shoreline Decision Support Tool for onsite review and subsequent selection of appropriate erosion control/shoreline best management practices. • Utilize VIMS’ CCRMP Shoreline Best Management Practices for management recommendations for all tidal shorelines in the jurisdiction. • Consider a policy where the above Shoreline Best Management Practices become the recommended adaptation strategy for erosion control, and where a departure from these recommendations by an applicant wishing to alter the shoreline must be justified at a hearing of the board(s). • Encourage staff training on decision-making tools developed by the Center for Coastal Resources Management at VIMS. • Follow the development of the state-wide General Permit being developed by VMRC. Ensure that local policies are consistent with the provisions of the permit. • Evaluate and consider a locality-wide permit to expedite shoreline applications that request actions consistent with the VIMS recommendation. • Seek public outreach opportunities to educate citizens and stakeholders on new shoreline management strategies including Living Shorelines. • Follow the development of integrated shoreline guidance under development by VMRC. • Evaluate and consider a locality-wide regulatory structure that encourages a more integrated approach to shoreline management. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 29 • Consider preserving available open spaces adjacent to marshlands to allow for the inland retreat of the marshes under rising sea levels. • Evaluate and consider cost-sharing opportunities for the construction of living shorelines. IMPACTS OF HUMAN ACTIVITIES ON WATER RESOURCES Water pollution means the alteration of the chemical, physical or biological properties of state and local waters that creates a nuisance, harms the public or the environment, or renders such waters unfit for their designated use. Most water quality pollution comes from either "point" or "non-point" sources. Point sources of pollution come from an identifiable source such as a pipe outlet from a wastewater treatment plant or industrial use. These discharges are regulated through Virginia Pollution Discharge Elimination System permits, which are issued by the state and place limits on the allowable types and amounts of pollutants that may be discharged into state and local waters. Non-point sources of pollution do not come from an easily identifiable point of discharge. Non-point source pollution occurs when pollutants accumulate on land runoff to surface waters during rain events. Impervious areas, solid surfaces that resist water penetration, contribute to non-point source pollution by causing water to flow in greater volumes and increase speed into stormwater drainage systems and streams. Increased volumes and faster-flowing water shape streams by widening or down-cutting the stream bed and eroding banks. These adjustments degrade aquatic habitats for animals and plants. Stormwater runoff from roads and other paved surfaces also impacts water quality by washing pollutants into local waterbodies. Pollutants include motor oil, pesticides, toxic substances, animal waste, pathogens and soils from construction sites. These pollutants can adversely affect aquatic organisms and fish. Non- point source pollution is addressed by the EPA, DEQ and the county through a combination of stormwater requirements and voluntary programs. A variety of uses and activities generate pollutants that impact water resources: • Land uses: fertilizers, pesticides, metals, oil, grease and animal waste. • Construction Sites: sediment and petroleum. • Agriculture: fertilizers, animal waste and sediment. • Silviculture or Timbering: sediment. • Roads and Parking Lots: de-icing products, metals petroleum and sediment. • Golf Courses: fertilizers, pesticides and herbicides. • Marinas and Boat Ramps: petroleum, sewage, trash and sediment. • Failing Septic Systems: bacteria and nutrients. • Discharges to Storm Sewers or Land: fertilizers, petroleum and detergents. • Landfills: groundwater leachate and surface runoff. • Hazardous Waste. • Underground Storage Tanks: petroleum. • Stream Bank and Shoreline Erosion: sediment and vegetation loss. • Brownfield and Superfund Sites: petroleum, chemicals, hazardous waste. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 30 Impaired Streams, Lakes and Rivers DEQ assesses the water quality of the state’s streams, lakes, reservoirs and rivers to determine if they are safe for recreation, fishing, wildlife habitat and harvesting shellfish for eating. Further, water bodies used for public drinking water are also assessed. Data on impaired waters in Chesterfield County can be viewed on the DEQ website. A water body is considered impaired if any of the following conditions are found: • It fails water quality standards, • Fish or shellfish are contaminated, • Nutrient levels are high, • Aquatic life is declining. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 31 LEGAL REQUIREMENTS FOR THE PROTECTION OF WATER QUALITY Water quality requirements and monitoring programs are in place to protect water quality from point and non-point source pollution. Federal Clean Water Act (CWA) In accordance with the Federal Clean Water Act, Virginia has adopted water quality standards to restore and maintain the chemical, physical, biological, or radiological integrity of the nation’s waters. In Virginia, these standards are administered by DEQ under the authority of the State Water Control Board. Pollution control programs include establishing and updating water quality standards, identifying polluted water bodies, protecting wetlands and issuing discharge permits. Pollution Discharge Regulation DEQ regulates water resources and pollution through the administration of the Virginia Pollutant Discharge Elimination System (VPDES). VPDES permits regulate discharges that impact water quality from sources such as industrial activities, wastewater treatment plants, biosolids applications and livestock feeding operations. DEQ also issues Virginia Stormwater Management Program (VSMP) permits for stormwater discharges related construction activities. Erosion and Stormwater Management Virginia’s stormwater management and erosion and sediment control programs were consolidated into one program, effective July 1, 2024. This consolidation was intended to reduce redundancy and conflicts between two similar programs. The State Water Control Board administers the Virginia Erosion and Stormwater Management Act (VESMA), under which localities are empowered to adopt erosion control programs. The VESMA requires a plan to manage the effective control of soil erosion and sediment deposition associated with land-disturbing construction activities and to manage the quality and quantity of runoff resulting from land-disturbing construction activities and ensure the long-term responsibility for and maintenance of stormwater management control devices and other techniques specified to manage the quality and quantity of stormwater runoff. In 2024, the County Code was amended to combine previous language on stormwater management and erosion and sediment control into a new article that is consistent with the consolidated regulations under VESMA. The 2024 amendment reflects the state- level consolidation of the two programs, and it combined the two articles into one for sections such as CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 32 definitions, monitoring and inspections, formal hearings, fees, performance bonds, enforcement, and other language updates for consistency with the consolidated regulations. Stormwater discharges from county-maintained infrastructure are regulated by DEQ under a Municipal Separate Storm Sewer System (MS4) permit. The MS4 permit requires a series of programs to reduce the discharge of pollutants from the storm sewer system in a manner that protects the water quality of nearby streams, rivers, wetlands and the Chesapeake Bay. In October 2024, the County published its MS4 Program Plan to describe the system of programs, ordinances, policies, procedures, practices, plans, and controls employed to prohibit unauthorized non-stormwater discharges into the MS4, to reduce the discharge of pollutants from the county’s MS4 to the maximum extent practicable, and to comply with state and federal regulations. The plan provides a framework for managing stormwater runoff and the associated pollutants that enter and discharge from the county’s storm sewer system. The MS4PP allows for a consistent method of implementing the requirements of the MS4 permit, monitoring the progress of programs, and reporting the results to the DEQ. Chesapeake Bay Total Maximum Daily Load (TMDL) The U.S. Environmental Protection Agency (EPA) established the Chesapeake Bay Total Maximum Daily Load (TMDL), a comprehensive “pollution diet” with rigorous accountability measures to initiate sweeping actions to restore clean water in the Chesapeake Bay and the region’s streams, creeks and rivers. Because the county’s local waters ultimately impact the Chesapeake Bay, the MS4 permit contains a special condition for the Chesapeake Bay. This special condition requires the county to develop a Chesapeake Bay TMDL Action Plan to reduce stormwater discharge of nutrients and sediment to the Chesapeake Bay. Chesterfield County has developed a compliance plan to achieve the required reductions. The County’s Department of Environmental Engineering manages the TMDL Action Plan and information about the Plan can be found on the County’s website. Chesapeake Bay Preservation Act The Chesapeake Bay Preservation Act (Bay Act) was enacted by the Virginia General Assembly in 1988 as a critical element of Virginia's nonpoint pollution source management program. The purpose of the Bay Act program is to protect and improve water quality in the Chesapeake Bay by requiring the implementation of effective land use management practices. Chesterfield County is subject to the Bay Act and has adopted specific program elements as established under the Bay Act. Chesapeake Bay Preservation Areas Chesapeake Bay Preservations Areas include Resource Protection Areas and Resource Management Areas. The Resource Protection Area (RPA) includes tidal wetlands; tidal shores; non-tidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow; and a one hundred (100) foot vegetated buffer located adjacent to and landward of the components listed above and along all water bodies with perennial flow. The Resource Management Area (RMA) includes land types that, if improperly used or developed, have the potential for degrading water quality or diminishing the functional value of the RPA. The RMA must be provided contiguous to the entire inland boundary of the RPA. The entire county has been designated as an RMA. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 33 Because RPAs are so close to water bodies, disturbing them allows more pollutants to enter water bodies and, eventually, the Chesapeake Bay. Storm-water runoff picks up and carries oil from roads, soil from construction sites, fertilizers and pesticides from farms and lawns, harmful bacteria from pet and farm animal wastes, and trash. In many areas, stormwater is one of the leading causes of surface water pollution. Poorly managed RPAs, or the lack of protected stream corridors, may result in other impacts, such as stream bank and channel erosion, habitat destruction and a reduction in the stream’s biodiversity. A naturally vegetated RPA, or buffer, acts as a stream protector, filter, transformer, nutrient sink and food source. These critical functions enable the RPA to remove pollutants from stormwater runoff and protect the stream or other water bodies. A map depicting the current extent of the RPAs in Chesterfield County can be found online and below. Best Management Practices (BMPs) are structural and non-structural methods designed to remove pollutants from runoff and minimize flooding and stream channel erosion resulting from development. Best Management Practices can include both wet and dry ponds, drainage swales, sand filters, infiltration trenches and manufactured systems. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 34 Upper Swift Creek Watershed Regulations In addition to Chesapeake Bay protection measures, the county adopted additional practices designed to address development activities within the Upper Swift Creek watershed to protect the water quality of Swift Creek Reservoir, a source of the county’s drinking water. The Upper Swift Creek Watershed is defined in the zoning ordinance as “all lands in the county located upstream of the Swift Creek Reservoir Dam” and is the portion of the watershed that lies within the jurisdictional boundary of Chesterfield County. The entire watershed for the Swift Creek Reservoir extends into Powhatan County and be viewed on the map on page EN 16. Primarily, the regulation limits residential subdivision development to a post-development phosphorous load of 0.22 pounds per acre per year. Compliance with this requirement could include: • Preservation of vegetation, soils and wetlands. • Use of natural drainage features and patterns. • Use of low-impact site design techniques. • Use of Best Management Practices. In conjunction with any zoning application in the Upper Swift Creek Watershed, the Zoning Ordinance requires the submission of a Natural Resource Inventory which is an assessment of a site’s natural resources such as wetlands, floodplains, steep slopes, hydric soils, habitats, endangered species and other notable features. The inventory is used to assess appropriate design measures that should be taken to protect the reservoir’s water quality. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 35 Hazard Mitigation Planning Many of the programs and regulations discussed in this chapter are aimed at protecting and improving environmental quality but also aid in hazard mitigation planning efforts to reduce the loss of life and property by lessening the potential impact of future disasters. In 2012, the localities of the Richmond (PlanRVA) and Crater planning district commissions worked together to update the Richmond-Crater Multi- Regional Hazard Mitigation Plan. Per FEMA requirements, every five years the plan is reassessed and updated to ensure the collective region is prepared to handle potential disasters and minimize fatalities and loss of properties throughout communities. The Hazard Mitigation Plan identifies vulnerabilities associated with a variety of hazards and sets out long-term strategies to reduce or eliminate risks, and it recommends specific actions designed to protect residents, business owners and the built environment from hazards that pose the greatest risk. While little can be done to prevent natural hazard events from occurring, the plan is in place to help ensure the region is poised to minimize the disruption that often accompanies disasters, thereby increasing resilience. This Mitigation Plan was adopted by the Board of Supervisors on August 24, 2022. Care should be taken to ensure consistency between the Comprehensive Plan and the Regional Hazard Mitigation Plan. Recommendations in the plan are designed to protect residents, business owners, and the built environment from hazards that pose the greatest risk. These recommendations can be applied to reduce a community’s future vulnerability by identifying hazards and enacting local policies to guide growth and development, providing incentives tied to natural resource protection, and providing public awareness and outreach activities. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 36 General Environment Guidelines The General Environment Guidelines provide direction for development and land use decisions as they relate to environmental resources. Major considerations in the development of these guidelines include: • Acknowledging existing regulations regarding water quality, floodplains and soils. • Promoting protection of land, surface water and groundwater resources for drinking, aesthetic and recreational purposes. • Encouraging the incorporation of environmental resources as amenities in new development. • Supporting adaptive reuse of land resources formerly occupied by activities such as quarries and landfills. The following General Environment Guidelines should be used when addressing environmental protection: • Development Integration of Environmental Resources. Encourage development designs that accommodate and incorporate environmental resources as amenities. • Innovative Development. Encourage innovative approaches, designs and practices that protect and enhance environmental resources in new developments. When the guidelines of The Land Use Plan chapter are followed, approaches could include reduced lot sizes in return for the preservation of open space; connectivity of resources; and appropriate recreational uses that make use of these resources. • General Development Standards. Encourage the use of innovative development standards and practices that mitigate the impact of stormwater runoff on water quality such as: o Low-impact design features. o Limitations on the amount of land cleared during site development at any given time. o Retrofitting best management practices in older neighborhoods. o Use of manufactured best management practices. o Use of best management practices in series. o Minimize impervious surfaces. o Development of contingency plans for hazardous spills. o Preservation of trees. o Preservation of vegetation in floodplains. • Land Use Transitions. For developments not located within mixed-use areas, consider the use of environmental features as transitions between different land uses, in accordance with the recommendations of The Land Use Plan chapter. • Erosion and Sediment Control. Encourage greater erosion and sediment control measures during development. • Stream and Shoreline Erosion. Encourage greater protection, restoration and stabilization of streams and shorelines. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 37 • Steep Slopes. Encourage preservation of slopes of 20 percent or greater adjacent to natural drainageways. • Education. Consider enhancement and expansion of community, school and library outreach programs to educate the public about daily practices that protect and enhance water resources. • Preservation of Resources through Cooperative Efforts. Encourage public and private cooperation in the preservation and use of environmental resources such as conservation and open space easements and park and recreational uses. • Preservation of Resources through Funding Efforts. Seek funding opportunities for acquiring land and resources that benefit the public. Support proactive acquisition of conservation and open space easements in more highly developed areas of the county to preserve green space. • Retrofitting Existing Water Conveyance Systems. Seek funding to correct environmental deficiencies by retrofitting and establishing stormwater quality facilities. • Energy Conservation. o In accordance with The Land Use Plan chapter, promote mixed-use developments that incorporate residential and non-residential uses, thereby promoting opportunities for various methods of transportation. o Encourage incorporation of energy efficiency in construction and rehabilitation that reduces costs for the owner or renter. o Promote developments that incorporate alternative energy sources such as geothermal, solar and wind. • Protect Drinking Water Sources. Support water quality protection measures through the Chesapeake Bay Ordinance, Municipal Separate Storm Sewer System, Erosion and Sediment Control Ordinances and the Upper Swift Creek Watershed regulations. • Agricultural and Forestry Uses. Provide for the preservation of agricultural and forestry uses by supporting conservation and open space easements, tax incentives and programs such as the acquisition of development rights that promote rural preservation and support uses such as agri-tourism, farmer’s markets, wineries, equestrian activities, community gardens and agricultural festivals. • Timber Harvesting to Accommodate New Development. Consider provisions of adequate erosion and sediment controls for timbering activities related to new land development. • Mineral Resource Extractions and Landfills. Consider the impacts of: o New mineral extractions and landfill proposals on existing and future land uses. o Existing and former mineral extractions and landfill operations on new development in the vicinity of the operations. o Consider proper and safe closure of sites to mitigate long-term impacts. o Discourage residential development in proximity to mineral extractions and landfills. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 38 o Discourage new mineral extractions and landfills in proximity to existing and future residential development. o Consider methods to notify future property owners of sites previously used for mineral extractions and landfills of past activities and their potential impacts on future land uses. o Encourage the adaptive reuse of former mine sites and landfills for uses such as alternative and renewable energy sites. • River Corridors. Promote preservation and enhancement of the scenic, historic, natural and open space qualities of the James and Appomattox Rivers. • Waterfront Access. Support proposals for waterfront access while considering potential water quality impacts of water-dependent uses such as docks, piers, boat ramps and marinas. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 39 Grants, Programs, & Funding Opportunities VIRGINIA DEPARTMENT OF FORESTRY (DOF) GRANTS & PROGRAMS Riparian Forest for Landowners (RFFL) The program provides flexible, no-cost riparian forest buffer installation and one year of maintenance to landowners. • Will provide 100% cost-share to private landowners to install and maintain riparian buffers for 15 years. • The program is being implemented by DOF and partner organizations in a unique watershed- based partnership. • Funding is provided by the Inflation Reduction Act (Enacted August 16, 2022) through the USDA Forest Service and the Commonwealth of Virginia’s Water Quality Improvement Fund Act. Trees for Clean Water Up to $50,000 per project (with some exceptions) for tree planting projects that improve water quality. Requires a planting plan and site visit from a VDOF forester. Urban & Community Forestry Grant Expected to open in the summer of 2024. Has two funding tracks: • Up to $250,000 with no match for projects located in qualifying disadvantaged communities. Can fund local government staffing, education/outreach, demonstration projects, urban orchards, and workforce development. • Up to $50,000 with a match for projects in other communities. Community Forestry Revitalization New program with applications due shortly. Focuses on strategic planning and design for urban forestry. EV INFRASTRUCTURE FUNDING OPPORTUNITIES Federal Resources • USDOT, Charging and Fueling Infrastructure (CFI) Grants – second round opens in summer 2024. • USDOE, FY2024 Communities Taking Charge Accelerator • USDOT, Rural EV Infrastructure Funding Table (lists many grants) • Federal Tax Rebate (up to $7500) for Individuals. State Resources • VADOE, EV Charging Station Deployment Grants. The Virginia Department of Energy offers grants of up to $400,000 to private businesses and public-private partnerships to install EV charging stations in underserved communities. • VADOE, Electric Vehicle Charging Assistance Program (EVCAP), This program is a sub-award program from the Virginia Department of Energy that focuses on underserved communities and the deployment of EV charging stations. CHAPTER 9: ENVIRONMENT Moving Forward. . .The Comprehensive Plan for Chesterfield EN 40 • VADOMME and VADOT, Government Alternative Fuel Vehicle (AFV) Incentive, offers up to $10,000 to state agencies and local governments for the incremental cost of new or converted AFVs. • State ($2500) Tax Credits to individuals for EV purchases. Other Resources • The Public Electric Vehicle (EV) Charging Infrastructure Playbook provides interactive resources to help communities plan and build the infrastructure needed to support a net zero-emission transportation system. • VA Clean Cities Coalition keeps an updated list of incentives and grants and contains information on how rural communities can receive free and discounted EV charging equipment and installation.