COUNTY OF GREENSVILLE AGENDA MONDAY,JUNE3,2M24 LIVE STREAM ANDI IN-PERSON p/imurlcemsaband NO CLOSED SESSION tpshnveoutsconeSaméaRICGNONNNDDFwoApILO or 6:00 P.M. - REGULAR SESSION LOCATED AT THE GREENSVILLE COUNTY GOVERNMENT BUILDING BOARD ROOM ITEM NO. DESCRIPTION I. II. III. IV. V. CALLTOORDER - 6:001 P.M. ROLL CALL VOTE PLEDGE OF ALLEGIANCE AND INVOCATION APPROVALOF AGENDA APPROVAL OF CONSENT AGENDA A. Approval ofMinutes - See Attachment A B. Budgetary Matters - See Attachment- -B C. Warrants - See Attachment- -C PUBLICH HEARINGS VI. Public Hearing Ads - See Attachments - D and E 1. PUBLIC HEARING SUP-3-2024-ERI Development, LLC- See. Attachment - F RETURN TO REGULAR SESSION ACTION RESULTING FROM PUBLIC HEARING SUP-3-2024-ERI Development, LLC 2. PUBLIC HEARING Attachment-G Adoption of Combined Erosion and Sediment Control and Stormwater Ordinance (Amendment to the Greensville County Ordinances) See RETURN TO REGULAR SESSION ACTION RESULTING FROM PUBLIC HEARING Resolution 24-90, Ordinance to Rescind Chapter 9, Erosion and Sediment Control, and Chapter 18.2, Stormwater Management, from Greensville County Code of Ordinances, and Replace them with new Chapter 9, Erosion and Stormwater Management - See Attachment - H 3. PUBLICHEARING See Attachment-I Planning Commission Report - ZTA-2-2024 Technology Overlay District (Ordinance to Adopt Chapter 25, ZTA-2-2024 Technology Overlay District) - RETURN TO REGULAR SESSION ACTION RESULTING FROM PUBLIC HEARING Resolution 24-91, Ordinance to. Adopt Chapter 25, ZTA-2-2024 Technology Overlay District- See Attachment -J 4. PUBLICHEARING Attachment K Planning Commission Report-ZTA-1-24 County ofGreensville (ZTA-1-24, Amendment to Greensville County Zoning Ordinance) See RETURN TO REGULAR SESSION ACTION RESULTING FROM PUBLIC HEARING Resolution 24-92, Amending Zoning Ordinance to Remove, Defer, or Deny Utility Scale Solar Projects as Permitted Use - See Attachment-L Planning Commission Report - Amendment to Greensville County 5. PUBLIC HEARING Comprehensive Plan M RETURN1 TO REGULAR SESSION ACTION RESULTING FROM PUBLIC HEARING Utility Scale Solar Facilities See Attachment -N Resolution 24-93, Amendment to Greensville County Comprehensive Plan 6. PUBLIC HEARING Attachment O Siting Agreement between Virginia Electric and Power Company (VEPCO) and Greensville County regarding the County Line Solar Project - See 2 RETURN TO REGULAR SESSION ACTION RESULTING FROM PUBLIC HEARING Resolution 24-94, Approval of Siting Agreement with Virginia Electric and Power Company - County Line Solar Project - See Attachment-P 7. PUBLICHEARING FY25 Budget - See Attachment - Q Budget Synopsis FY25 Tax Ordinance 2024 ACTION RESULTING FROM PUBLIC HEARING Meeting: FY25 Budget Adoption, Tuesday, June 11, 2024, at 2:00 p.m. VII. VIII. RETURN' TO REGULARSESSION ITEMS WITH APPOINMENTS A. Road Matters Report - Report by the Virginia Department of Transportation - See Attachment -R B. Correspondence dated May 7,2024, the Virginia Department of Transportation: Intersection Safety Review GR0301202351013-05. Route 301 (Skippers Road) and Route 629 (Moores Ferry Road/Zion Church Road) Greensville County = See Attachment-S IX. X. CITIZENS COMMENTS OLD BUSINESS SUP-1-2023 County Line Special Use Permit Application, action was deferred at the May 6, 2024, Greensville County Board of Supervisors meeting. Resolution 24-95, Approval, Denial, Deferral of Action on Special Use Permit Application ofCounty Line Solar, LLC - See Attachment T XI. NEW BUSINESS A. Resolution 24-96, Approval of Solar Revenue Share Opt-In Agreements with Virginia Electric and Power Company Sadler Solar Project, Fountain Creek Solar Project, and Pumpkinseed Solar Project (F/K/A Meherrin Solar Project) - See. Attachment-U Bids - See Attachment V B. Resolution 24-97, Washington Park Phase VI Infrastructure Improvement 3 C. Resolution 24-98, World Elder Abuse Awareness Day (WEAAD)- June 15, D. County Agreements with Constitution Officers - See Attachment X 1. Commissioner oft the Revenue of Greensville County E. Approval of additional holidays for Greensville County F. Boards and Commissions Appointments 2024, - See Attachment W 2. Treasurer of Greensville County XII. ADJOURNMENT - To Budget Adoption Meeting on Tuesday, June 11,2024, at 2:00 p.m. at Greensville County Board Supervisors Board Rom, 1781 Greensville County Circle, Emporia, Virginia. 4 ATTACHMENT A Minutes oft the Regular Meeting of the Greensville County Board ofSupervisors held on Monday, May 6, 2024, with Closed Session beginning at 5:00 p.m. and Regular Session beginning at 6:00 p.m. The meeting was conducted in person and via live stream at the Greensville County Government Center, 1781 Greensville County Circle, Emporia, Virginia. Board Members Present: James R Brown, Chair Tony M. Conwell, Vice Chair Belinda D. Astrop William B. Cain StaffN Members Present: Dr. Charlette T. Woolridge, County Administrator Mr. Gary Cifers, Assistant County Administrator Mr. Lin Pope, Director ofPlanning Dr. Terrence Wood, Director ofHuman Resources Ms. Tameka Green, Director of] Finance Mrs. Angela Jackson, Recorder of Minutes In Re: Call To Order Chair Brown called the meeting to order at 5:00 p.m. In Re: Roll Call Vote A roll call vote was taken as follows: Supervisor Astrop, aye; Supervisor Cain, aye; Supervisor Conwell, aye; and Chair Brown, aye. In Re: Closed Session Chair Brown recommended the Board convene in Closed Session to discuss the following: 1. Pursuant to Virginia Code Section 2.2-3711.A.1, discussion and consideration of the 2. Pursuant to Virginia Code Section 2.2-3711.A.5, discussion concerning a prospective business or industry where no previous announcement has been made of the business's or industry's 3. Pursuant to Virginia Code Section 2.2-3711A.7, consultation with legal counsel pertaining to actual and probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture ofthe public body. Specifically, the Board performance of specific employees of the public body. interest in locating its facilities in the community. will discuss: 1 County of Greensville V. City of Emporia which involves cost sharing with the City of Supervisor Astrop moved, seconded by Supervisor Conwell, to convene in Closed Session as recommended by Chair Brown. A roll call vote was taken as follows: Supervisor Astrop, aye; Emporia for the Sheriff's Department. Supervisor Cain, aye; Supervisor Conwell, aye; and Chair Brown, aye. In Re: Regular Session Chair Brown recommended the Board of Supervisors convene in Regular Session. Supervisor Astrop moved, seconded by Supervisor Conwell, to convene in Regular Session as recommended by Chair Brown. A roll call vote was taken as follows: Supervisor Astrop, aye; Supervisor Cain, aye; Supervisor Conwell, aye; and Chair Brown, aye. In Re: Certification of Closed Meeting - Resolution 24-80 Supervisor Conwell moved, seconded by Supervisor Astrop, to approve Resolution 24-80 as presented. A roll call vote was taken as follows: Supervisor Astrop, aye; Supervisor Cain, aye; Supervisor Conwell, aye; and Chair Brown, aye. CERTIFICATION OF CLOSED MEETING RESOLUTION 24-80 Pursuant to Virginia Code Section 2.2-3712.D., the Supervisors signing below certify that, to the best of each Supervisor's knowledge, (i) only public business matters lawfully exempted from open meeting requirements under the Freedom ofInformation Act and (i) only such public business matters as were identified in the Motion by which the closed meeting was convened were heard, discussed or considered in the closed meeting of the Greensville County Board of Supervisors. In Re: Pledge of Allegiance and Invocation Chair Brown invited anyone in the audience who would like to participate in the Pledge of Allegiance and Invocation with the Board members to please stand and join them. Chair Brown led the Pledge of Allegiance and the Invocation. In Re: Approval of Agenda Chair Brown recommended approval oft the. Agenda as presented. 2 Supervisor Astrop moved, seconded by Supervisor Conwell, to approve the Agenda as presented. A roll call vote was taken as follows: Supervisor Astrop, aye; Supervisor Cain, aye; Supervisor Conwell, aye; and Chair Brown, aye. InF Re: Consent Agenda Chair Brown recommended approval oft the Consent Agenda consisting of the following: Minutes: Joint Board Meeting Minutes, March 26, 2024 Regular Board Meeting Minutes, April 8, 2024 FY24 Budget Work Session Minutes, April 16, 2024 Budgetary Matters: Fund #018: Budget Amendment Resolution 24-81, in the amount of $390.00, for ankle monitoring fees collected in the month ofMarch 2024, toj pay the invoice from Geostatis for the cost for monitoring. Budget Amendment Resolution 24-82, in the amount of $2,745.00 for probation fees collected in the month of March 2024. Warrants: o Approval of Accounts Payable for April 15, 2024, in the amount of Approval of Accounts Payable for May 6, 2024, in the amount of $245,273.84. Approval of Payroll for April 30, 2024, in the amount of$657,374.58. $234,666.40. Supervisor Astrop moved, seconded by Supervisor Conwell, to approve the Consent Agenda as presented. A roll call vote was taken as follows: Supervisor Astrop, aye; Supervisor Cain, aye; Supervisor Conwell, aye; and Chair Brown, aye. In Re: Public Hearing Chair Brown recommended the Board of Supervisors convene in Public Hearing. Protocol for speaking during Public Hearing: The Greensville County Board of Supervisors had developed a protocol to ensure that Board meetings and Public Hearings were productive and efficient, and that proper decorum was maintained. The Board of Supervisors wanted to emphasize that this protocol was intended to make the Board meetings and/or public hearings as productive as possible. 3 The protocol is as follows: 1. Each speaker will be given three minutes to address the Board of Supervisors. The time limit will be strictly enforced. 2. Each speaker will be advised when two minutes have elapsed. 3. Each speaker will be advised when three minutes have elapsed. 4. After all comments have been made by speakers at the public hearing, the applicant will be afforded three minutes toi respond to comments made during the public hearing. 5. Each speaker will be permitted to address the Board of Supervisors only once, i.e., the three-minute opportunity to speak cannot be transferred from one: speaker to another. 6. Speakers should facet the! Board ofSupervisors and address theircomments to the Board of Supervisors, and not to others who are present at the meeting. Speakers should not 7. The Board of Supervisors is conducting the citizens' comments period and/or public hearing to receive comments from interested parties. Neither the Board of Supervisors nor its staff will respond to questions during the citizen comments period or public hearing, and neither the Board of Supervisors nor its staff will engage in a dialogue with speakers. However, after this meeting County staff will follow up with citizens 8. The Board of Supervisors asks that everyone at the meeting to be respectful to the others who are present and asks that those present not applaud speakers. Asar reminder, itisi inappropriate, at a public meeting, to make personal attacks, to be defamatory, or 9. Prior to beginning your comments, please state your name and address for the record. Supervisor. Astrop moved, seconded by Supervisor Conwell, to convene in Public Hearing as recommended by Chair Brown. A roll call vote was taken as follows: Supervisor Astrop, aye; turn to face and address members ofthe. audience. when appropriate. tod disparage individuals or identifiable groups. Supervisor Cain, aye; Supervisor Conwell, aye; and Chair Brown, aye. In Re: Public Hearing, Resolution 24-83, Secondary Six-Year Plan and Priority List A. Greensville County Secondary Six-Year Plan Program Mr. Lin Pope, Director of Planning, and Mr. George Bowman, Assistant Residency Administrator for Virginia Department ofTransportation (VDOT), presented the Secondary Six- Year Plan as follows: GREENSVILLE COUNTY SECONDARY SIX-YEAR PLAN 2025-2030 PRIORITY LIST Priority # 1: Route 657, Liberty Road From: Route 657 termini To: Route 622CL Construct extension ofLiberty Road to provide an additional exit. 4 Priority # 2: Route 610, Allen Road From: Route 614 To: Route 608 Improve alignment, drainage, widen and pave Priority #3: Route 630, River Road From: WCL Jarratt To: Sussex CL Improve alignment, drainage, widen and pave Priority # 4: Route 633, Pine Log Road From: N intersection Route 603 To: Route 621 Improve alignment, drainage, widen and pave Route 606, Grassy Pond Road From: Route 58 To: Route 605 Priority #5 5: Improve alignment, drainage, widen and pave Priority # 6: Route 600, Macedonia Road From: Route 627 To: Brunswick CL Improve alignment, drainage, widen and pave Route 606, Grassy Pond Road From: W. intersection Route 605 To: Route 618 Priority # 7: Improve alignment, drainage, widen and pave Route 629, Moores Ferry Road From: Route 621 To: 1.5 mi S Route 621 Priority # 8: Improve alignment, drainage, widen and pave Chair Brown asked for an update on the Liberty Road Project. Mr. Pope stated that Liberty Road is the number one priority on the Secondary Six-Year Plan and staffis continuing to seek funding for the project. Mr. Pope stated $11 million to $12 million is needed to complete the project. Supervisor Astrop asked for an update on the caution light at the Skippers Post Office located at the intersections of Moores Ferry Road and Skippers Road. Mr. Bowman stated he will address Supervisor Astrop's inquiry during the Road Matters Report under Items with Appointment. 5 In Re: Resolution 24-84, Approval, Deferral, or Denial of Action of Special Use Permit Application of County Line Solar, LLC B. County Line Special Use Permit Application Mr. Lin Pope presented the County Line Solar, LLC Special Use Permit Application. County Line Solar, LLC is proposing to build an 86-megawatt utility scale solar project. The Planning Commission met on April 9, 2024, to review the application requested which resulted in a4-4 tie vote. Per the Bylaws ofthe. Planning Commission, a 4-4 tie vote is equivalent to a denial. Ms. Meaghan O'Brien, Senior Business Development Manager with Dominion Energy, presented a PowerPoint presentation on the County Line Solar, LLC Project. The presentation covered the following project highlights: Site Layout Stormwater and Erosion Control Improvements Economic and Fiscal Benefits to Greensville County Solar Myths Debunked Ms. Darla Odom, Principal Planner with the Berkley Group, presented the Staff Report regarding the County Line Solar, LLC Application. Ms. Odom stated that the Board has three options, Option 1) To approve the application with the written reasons, Option 2) To deny application with written reasons, and Option 3) Defer action on the application to a future Board meeting for further discussion and consideration. The following citizens spoke during the Public Hearing: Mr. David High, 2777 Triplet Road, Lawrenceville, Virginia, expressed his opposition to Mr. Miles Moore, 3555 Triplet Road, Lawrenceville, Virginia, expressed his opposition to Mr. Daniel Balogna, 14100 Arwood Road, Disputana, Virginia, expressed his opposition Mr. Ronnie Jones, 495 Macedonia Road, Emporia, Virginia, expressed his opposition to Mrs. Ann Moore, 5176 Benton Road, Lawrenceville, Virginia, expressed her opposition to Mr. David Peterson, 1382 Macedonia Road, Emporia, Virginia, expressed his opposition Mr. David Moore, 5779 Benton Road, Triplet, Virginia, expressed his opposition to the the County Line Solar project. the County Line Solar project. to the County Line Solar project. the County Line Solar project. the County Line Solar project. to the County Line Solar project. County Line Solar project. 6 Ms. Jessica Moore, 5779 Benton Road, Triplet, Virginia, expressed her opposition to the County Line Solar project. In Re: Return to Regular Session Chair Brown recommended the Board of Supervisors return to Regular Session. Supervisor Astrop moved, seconded by Supervisor Conwell, to return to Regular Session. Aroll call vote was taken as follows: Supervisor Astrop, aye; Supervisor Cain, aye; Supervisor Conwell, aye; and Chair Brown, aye. Inl Re: Action Resulting from Public Hearing, Resolution 24-83, Six Year Plan and 2025- 2030 Priority List. RESOLUTION 24-83 SECONDARY SIX-YEAR PLAN AND 2025-2030 PRIORITY LIST WHEREAS, Sections 33.1-23 and 33.1-23.4 of the 1950 Code of Virginia, as amended, provides the opportunity for each county to work with the Virginia Department ofTransportation in developing a Secondary Six-Year Plan; and WHEREAS, this Board had previously agreed to assist in the preparation of this Plan, in accordance with the Virginia Department of Transportation policies and procedures, and participated in a Public Hearing on the proposed Plan (2025 through 2030) as well as the Construction Priority List (2025/2030) on April 8, 2024, after duly advertised sO that all citizens of the County had the opportunity to participate in said hearing and to make comments and recommendations concerning the proposed Plan and Priority List; and WHEREAS, George Bowman, Assistant Residency Administrator, Virginia Department ofTransportation, appeared before the Board and recommended approval of the Secondary Six- Year Plan (2025 through 2030) and the Construction Priority List (2025/2030) for Greensville County; NOW, THEREFORE, BE ITI RESOLVED, that since said Plan appears to be in the best interests of the Secondary Road System in Greensville County and of the citizens residing on the Secondary System, said Secondary Six-Year Plan (2025 through 2030) and Construction Priority List (2025/2030) are hereby approved as presented at the Public Hearing. Supervisor Conwell moved, seconded by Supervisor Astrop, to approve Resolution 24- 83, as presented. A roll call vote was taken as follows: Supervisor Astrop, aye; Supervisor Cain, aye; Supervisor Conwell, aye; and Chair Brown, aye. 7 In Re: Resolution 24-84, Approval, Deferral, or Denial of Action of Special Use Permit Application ofCounty Line Solar, LLC Supervisor Conwell stated that the Board just received the Solar Citing Agreement and would like to review it priort to making a decision in regards to the Special Use Permit Application for County Line Solar, LLC. Supervisor Conwell recommended deferral of Resolution 24-84 until the June 3, 2024, Board of Supervisors Meeting. RESOLUTION 24-84 OF COUNTY LINE SOLAR, LLC DEFERRAL OF ACTION ON SPECIAL USE PERMIT APPLICATION WHEREAS, on April 9, 2024, the Greensville County Board of Supervisors ("Board") conducted a public hearing on Special Use Permit Application SP-1-23 CApplcation)orCounty Line Solar, LLC; and WHEREAS, at the public hearing persons spoke concerning the Application; and WHEREAS, in light of the comments made at the Public Hearing, the Board has elected to defer action on the Application until the Board meeting which will be conducted on June 3, 2024, or until a later Board meeting; ITIS, ACCORDINGLY, HEREBY RESOLVED, that the Board defers action on the Application until the Board meeting which will begin at 6:00 p.m. on Monday, June 3, 2024; and ITISI FURTHER RESOLVED, that by deferring action to. June 3, 2024, the Board is not committing to take action on the Application at that time, but is instead reserving the right, at its June 3, 2024, meeting, to approve or deny the Application, or defer action on the. Application. Supervisor Conwell moved, seconded by Supervisor Brown, to adopt Resolution 24-84, Deferral of Action on Special Use Permit Application of County Line Solar, LLC. A roll call vote was taken as follows: Supervisor Astrop, aye; Supervisor Cain, nay; Supervisor Conwell, aye; and Chair Brown, aye. In Re: Items with Appointments, Virginia Department of Transportation (VDOT) = Road Matters Report Mr. George Bowman presented the following Road Matters report. Concrete work on Easter Street and Riegel Road scheduled for the second week of Crews cleaned pipes on secondary routes inj preparation for ditch-pulling operations. May. Crews replaced a pipe under 301 South, 8 Crews will continue to address right-of-way issues by trimming tree limbs back away Crews will continue to pull shoulders on the proposed pavement routes that have been The crews addressed 32 customer service work orders and 43 scheduled work orders. The tree trimming contractor worked on Route 58 and crews provided traffic control. VDOT continues to address several concerns brought to them by the Greensville County Board of Supervisors regarding Reigel Road, Brick Yard Road, Macedonia Road, and Blanks Lane. Traffic engineering requests are still being reviewed and VDOT staff will respond as we. receive them. Anticipated to start mid-June. Mr. Bowman informed Supervisor Astrop that he requested a safety study for the intersection of Moores Ferry Road and Skippers Road; however, the study may take up to six from the right-of-way at various locations. awarded. Crews worked on dirt roads in the County. months to complete. Chair Brown asked for the status of the study submitted for Brink Road and Falling Run Road to reduce the speed in that area. Mr. Bowman stated that he will check the status oft the study and provide an update. Supervisor Conwell asked about the pipe replacement on Allen Town Road in Jarratt. Mr. Bowman stated that the pipes have been procured and they are waiting for the pipes to arrive. Supervisor Cain asked about the status of ditch work on Blanks Lane. Mr. Bowman explained that the crews were pulled away due to the weather. The crews will return to this work once the weather permits. Supervisor Astrop asked about the status of the bridge work on Moores Ferry Road and Exit 4, off of Interstate 95. Mr. Bowman stated that he will follow-up on this request and report back. Mr. Conwell inquired about ai turn lane offof58 West at Grassy Pond Road. Mr. Bowman advised that this request has been forwarded to the VDOT's Traffic Engineering Department for review. In Re: Rosalind Solar, LLC Mr. Lin Pope presented the Rosalind Solar, LLC Project. The Planning Commission met on April 9, 2024, and voted on Rosalind Solar, LLC 2232 application which resulted in a 4-4 tie vote. Per the Bylaws oft the Planning Commission, a 4-4 tie vote is equivalent to a denial. Mr. Morgan Quicke, Local Affairs Manager for Strata Energy, presented the appeal forthe Rosalind Solar, LLC Project. He also shared a PowerPoint presentation explaining why Strata Energy believes that their project is in accordance with the County's Comprehensive Plan. He 9 further stated that Strata Energy has met all the requirements and request approval to move the project forward. Ms. Darla Odom, with the Berkely Group, presented the Staff Report in regards to the Rosalind Solar, LLC Application. The following options were presented to the Board to decline or overrule the decision ofthel Planning Commission, and accordingly, thel Planning Commission's In Re: Resolution 24-85, Rosalind Solar, LLC - Decline the Decision of the Planning decision of April 9, 2024. Commission of April9,2024 RESOLUTION 24-85 ROSALIND SOLAR, LLC ITISHEREBY RESOLVED, by the Greensville County Board of Supervisors ("Board") that after consideration of the decision made by the Planning Commission on April 9, 2024 that the solar facility proposed by Rosalind Solar, LLC is not substantially in accord with Greensville County's Comprehensive Plan, and after consideration of the Planning Commission's written reasons therefore, the Board declines to exercise the right afforded to it by Virginia Code Section 15.2-2232 to overrule the decision of the Planning Commission, and accordingly, the Planning Commission's decision of April 9, 2024 is not overruled. Chair Brown moved, seconded by Supervisor Conwell, to adopt Resolution 24-85 as presented. A roll call vote was taken as follows: Supervisor Astrop, nay; Supervisor Cain, aye; Supervisor Conwell, aye; and Chair Brown, aye. In Re: Citizens' Comments The Greensville County Board of Supervisors had developed a protocol to ensure that Board meetings and Citizen Comments were productive and efficient, and that proper decorum was maintained. The Board of Supervisors wanted to emphasize that this protocol was intended to make the Board meetings and/or citizens' comments as productive as possible. The protocol is as follows: 1. Each speakerwilll be given three minutes to address the Board of Supervisors. The time limit will be strictly enforced. 2. Each speaker will be advised when two minutes have elapsed. 3. Each speaker will be advised when three minutes have elapsed. 4. After all comments have been made by speakers at the public hearing, the applicant will be afforded three minutes to respond to comments made during the public hearing. 5. Each speaker will be permitted to address the Board of Supervisors only once,i.e., the three-minute opportunity to speak cannot be transferred from one speaker to another. 10 6. Speakers should face the Board ofSupervisors: and address their comments to thel Board of Supervisors, and not to others who are present at the meeting. Speakers should not 7. The Board of Supervisors is conducting the citizens' comments period and/or public hearing to receive comments from interested parties. Neither the Board of Supervisors nor its staff will respond to questions during the citizen comments period or public hearing, and neither the Board of Supervisors nor its staff will engage in a dialogue with speakers. However, after this meeting County staff will follow up with citizens 8. The Board of Supervisors asks that everyone at the meeting to be respectful to the others who are present and asks that those present not applaud speakers. Asar reminder, it is inappropriate, at a public meeting, to make personal attacks, to be defamatory, or 9. Prior to beginning your comments, please state your name and address for the record, 10. There is a signup sheet for speakers. Ifyou have not signed up and wish to speak, let County staff know just before the public hearing or citizens' comments begins, and turn to face and address members oft the audience. when appropriate. to disparage individuals ori identifiable groups. your name will be added to the list of speakers. There were: no citizens to speak during Citizens' Comments. In Re: Old Business There was no Old Business to discuss. In Re: New Business: Oran Safety Glass (OSG) First Addendum to the Performance Agreement Mrs. Natalie Slate, Director of Economic Development, presented the Oran Safety Glass (OSG) First Addendum to the Performance Agreement for the Board's consideration. This agreement is between the County, the Industrial Development Authority and Oran Safety Glass. Supervisor Conwell moved, seconded by Supervisor Astrop, to approve the Oran Safety Glass First Addendum to the Performance Agreement as presented. A roll call vote was taken as follows: Supervisor Astrop, aye; Supervisor Cain, aye; Supervisor Conwell, aye; and Chair Brown, aye. In) Re: Resolution 24-86, Code of Virginia $33.2-705 Land Development Additions to Secondary Route Anderson Street-Wyatt Street Interconnector 11 Mr. Lin Pope presented Resolution 24-86, Code of Virginia $33.2-705 Land Development Additional to Secondary Route Anderson Street-Wyatt Street Interconnector for the Board's consideration. RESOLUTION: 24-86 SECONDARY ROUTE CODE OF VIRGINIA $33.2-705-1 LAND DEVELOPMENT ADDITIONSTO ANDERSON STREET- WYATT STREETINTERCONNECTOR WHEREAS, Washington Park Phase VI has been completed; and WHEREAS, the streets of Washington Park Phase V meet the public service criteria of WHEREAS, the development sketch and Virginia Department ofTransportation (VDOT) Form AM4.3, attached and incorporated herein as part ofthis resolution, define additions required the Secondary Street Acceptance Requirements; and in the Secondary System of State Highways as a result ofc construction; and WHEREAS, certain segments identified on the incorporated Form AM 4.3. are ready to be NOW' THEREFORE, BE ITRESOLVED, this Board requests the Virginia Department of Transportation to add the segments identified on the incorporated Form AM 4.3 to the Secondary System of State Highways, pursuant to $33.2-705 of the Code of Virginid, for which segments this Board hereby guarantees the right-of-way to be clear and unrestricted, including any accepted into the Secondary System of State Highways; necessary easements for cuts, fills, and drainage; and BE IT FURTHER RESOLVED, this Board guarantees the performance of the street(s) requested herein to become part oft the Secondary System of State Highways for a period of one year from the date of the acceptance of the referenced street(s) by VDOT into the Secondary System of State Highways. This Board will repair any faults in the workmanship or materials of the referenced street(s) and related drainage facilities as determined exclusively by VDOT; and BE IT FINALLY RESOLVED, a certified copy of this Resolution be forwarded to the Supervisor Astrop moved, seconded by Supervisor Conwell, to approve Resolution 24-86 as presented. A: roll call vote was taken as follows: Supervisor Astrop, aye; Supervisor Cain, aye; Virginia Department ofTransportation. Supervisor Conwell, aye; and Chair Brown, aye. In Re: Resolution 24-87, Verizon Virginia LLC, Underground Broadband Facilities Easement on Properties Owned by Greensville County, Virginia 12 Mr. Linl Pope presented. Resolution! 24-87, Verizon Virginia LLC, Underground Broadband Facilities Easement on Properties Owned by Greensville County, Virginia, for the Board's consideration. RESOLUTION 24-87 VERIZON VIRGINIA, LLC UNDERGROUND BROADBAND FACILITIES EASEMENT ON PROPERTIES OWNED BY GREENSVILLE COUNTY, VIRGINIA WHEREAS, The County of Greensville and its co-applicant Verizon were awarded FY 23 DHCD Virginia Telecommunication Initiative Funds to help Greensville County provide adequate broadband services to its citizens; and WHEREAS, now Verizon must obtain a right of way easement from Greensville County to install and maintain underground fiber facilities on property owned by Greensville County identified as Tax Map Parcel Numbers 29-4-2 and 29-4-5; ITISHEREBY RESOLVED, by the Greensville County Board of Supervisors ("Board") that Greensville County grants Verizon Virginia LLC the Deed of Easement, dated May 6, 2024, as approved in the form this day presented, or as hereafter. revised with approval from the County Administrator, Director of Planning and County Attorney, and that the County Administrator is authorized to execute said easement on behalfofthe County. Supervisor Conwell moved, seconded by Supervisor Astrop, to approve Resolution 24-87, as presented. A roll call vote was taken as follows: Supervisor Astrop, aye; Supervisor Cain, aye; Supervisor Conwell, aye; and Chair Brown, aye. In Re: Boards and Commissions Appointments Board of Assessors' Appointment - One per Election District Supervisor. Astropi requested to defer Election District tl appointment until the. June 3,2024, Board meeting; Supervisor Conwell recommended to appoint Mike Veliky to represent Election District 4; and Supervisor Cain recommended to appoint Clarence Fleming to represent Election District 3. Supervisor Astrop moved, seconded by Supervisor Conwell to approve the Board of Assessors' Appointments. A roll call vote was taken as follows: Supervisor Astrop, aye; Children's Services Act Planning and Management Team (CPMT) Parent Representative Supervisor Astrop moved, seconded by Supervisor Conwell, to appoint Lisa Council to serve as the parent representative on the Children's Services Act Planning and Management Team (CPMT). A roll call vote was taken as follows: Supervisor Astrop, aye; Supervisor Cain, Supervisor Cain, aye; Supervisor Conwell, aye; and Chair Brown, aye. aye; Supervisor Conwell, aye; and Chair Brown, aye. 13 Building Appeals Board Supervisor Conwell moved, seconded by Supervisor Astrop, to reappoint Micheal Lee Grizzard, II, to continue to serve on the Building Appeals Board. A roll call vote was taken as follows: Supervisor. Astrop, aye; Supervisor Cain, aye; Supervisor Conwell, aye; and Chair Brown, aye. In Re: Adjournment Supervisor Astrop moved, seconded by Supervisor Conwell, to adjourn the meeting. A roll call vote was taken as follows: Supervisor. Astrop, aye; Supervisor Cain, aye; Supervisor Conwell, aye; and Chair Brown, aye. James R. Brown, Chair Dr. Charlette T. Woolridge, Clerk 14 ATTACHMENTB RESOLUTION24-89 FY24) BUDGET AMENDMENT BEITI RESOLVED, by the Greensville County Board of Supervisors that the following budget amendments be and hereby are made for the period ofJuly 1,2023 through June 30, 2024. This resolution will amend the budget toi include the funds received from the Virginia Department of Fire Programs. FUND #010 GREENSVILLE COUNTY FIRE DEPARTMENT REVENUE 3-010-24020 FIRE SERVICES 0001 Fire Program Funds-City ofl Emporia $30,000.00 EXPENDITURE 4-010-32100 GRBENSVILLE COUNTY FIRE. DEPARTMENT 6021 Fire Program Funds-City of Emporia $30,000.00 James R. Brown, Chair Greensville County Board of Supervisors ATTEST: Dr. Charlette T. Woolridge, Clerk Adopted this 3rd day of. June, 2024 ATTACHMENT C - a 3 d8 a 9 - 388s : - :: 4888 888 d8 D3 KE € 2 a A - - 8EE8 i & N 8 E 3 Biig 5 6 8 1: de - AITACHMENTD WOMACK PUBLISHING PO BOX 530 CHATHAM VA 24531 434)432-1654ext ORDER CONFIRMATION Salesperson: Not Applicable Printed at 05/17/24 07:58 by aelli-wp Ad #: 64678 Start: 05/22/2024 Stop: 05/29/2024 Times Ord: 2 STD 3.00 X 9.29 Words: 632 Total STD 27.87 Class: 380 Public Notice Rate: CL Ad Descrpt: 3 JUN GCBOS Given by: * P.O. #: Acct #: 1785 GREENSVILLE CO. 1781 GREENSVILLE CO. CIR. EMPORIA VA 23847 Status: New WHOLD Times Run: *** Cost: 708.70 Contact: ALICE WHITBY Descr Cont: ORDINANCES FOR ADOPTION Last Changed: aelli 05/17/24 07:56 Phone: Fax#: Email: Agency: BTG A (434)348-4027 whitbyegreensvillecountyya. Created: aelli 05/17/24 07:50 PUB ZONE EDT TP RUN DATES 99 S 05/22,29 AUTHORIZATION Under this agreement rates are subject to change with 30 days notice. In the event of a cançellation before schedule completion, I understand that the rate charged will be based upon the rake for the number of insertions used. Bsoai Name (print or type) 0. (CONTINUED ON NEXT PAGE) asabo WOMACK PUBLISHING PO BOX 530 CHATHAM VA 24531 434)432-1654ext ORDER CONPIRMATION (CONTINUED) Salesperson: Not Applicable GREENSVILLE COUNTYE BOARD OF SUPERVISORS NOTICE OF PUBLIC HEARINGS AND NOTICE OF INTENT TO PROPOSE ORDINANCES FOR ADOPTION The Greensville County Board of Supervisors will conduct public hearings in the Board's meeting room oft the Greensville County Government Center, located at 1781 Greensville County Cirdle, Emporia, Virginla, beginning at6 6:00 p.m., or ass soon as practica- blet thereafter, on! Monday, June: 3, 2024, will propose certain ordi- nances for adoption ats said meeting, and consider other matlers - Amendment to Greensville County Code of Ordinances; Ero- sion and Stormwater Management: The Board will propose for adoption an ordinance which would rescind Chapter 9, Erosion and Sediment Control, and Chapter 18.2, Stormwater Management, of the Greensville County Code of Ordinances, and would replace them with a new Chapler 9, Erosion and 2. Siting Agreement; County Line Solar, LLC: The Board will conduct a public hearing for the purpose of receiving public comment on a proposed Siting Agreement between County Line Solar, LLC and Greensville County, pursuant to Virginia Code Section 15.2-2316.8, in connection with a proposed Utility Scale Solar Project. At the conclusion of the public hearing, or at a subsequent Board meeting, the Board may actt toa authorize signing oft the Siting Agreement, 3. Amendment to Greensville County Zoning Ordinance; Utility Scale Solar Projects: The Board will conduct a public! hearing for the purpose of receiving public comment on a proposed ordinance which would amend the Greensville County Zoning Ordinance by removing Utlity Scale Solar Projects as an ap- proved usei int the A-1A Agricultural District, subject tot two ex- ceptions. Those exceptions are that Utility Scale Solar Projects would be permitted an property onv which ab business or industry is operated (subject to certain conditions), and would be allowed as an accessory use with an approved Technology Overlay District (subjecit to certain conditions). At the conclusion of the public hearing, or at a subsequent Board meeting, the Board may act to adopt thep proposed ordi- 4. Amendment to Greensville County Comprehensive Plan; Utili- ly Scale Salar Projects: The Board will conduct a public hearing for thep purpose ofr receiving public comment on apro- posed ordinance which would amend the Greensville County Comprehensive Plan by removing Utility Scale Solar Projects as ana approved usei in the A-1 Agricultural District, subject to two exceptions. Those exceptions are that Utility Scale Solar Projects would be permitted on property on which a business or industry is operated (subject to certain conditions), and would be allowed as an accessory use with an approved Technology Overlay District (subjeci to certain conditions). At the conclusion of the public hearing, or at a subsequent Board meeting, the Board may actt toa adopt the proposed ordi- 5, Amendment to Greensville County Zoning Ordinance; Tech- nology Overlay District (ZTA-2-2024): The Board wil conduct ap public hearing for the purpose ofr receiving public comment ona ay proposed ordinance which would amend the Greensville Counly Zoning Ordinance by adding Article 25, Technology Overlay District. At the conclusion oft the public hearing, or at as subsequent Board meeling, the Board may actt toa adopt! the 6. Special Use Permit Application; ERI Develapment LLC( (SP-3- 2024): The Board will consider the Special Use Permit appli- cation of ERI Development LLC to construct and operate a solidy waste management facility on Tax! Map Parcel Numbers Copies oft thef full text of the proposed ardinances, and copies of other documents related tother matters listed above, are onf file at the receptionist desk in the Greensville Counly, Government Building, located at 1781 Greensville County Circle, Emporia, Vir- ginia, and may be examined by all interested persons between the hours of 8:00 a.m. and 5:00 p.m., Monday, through Friday. If furtheri information is desired, please contact Linwood E. Pope. Jr, Director of Planning for Greensville County at (434)3 348-4205. Printed at 05/17/24 07:58 by aelli-wp Acct #: 1785 Ad #: 64678 Status: New WHOLD WHOI atsaidr meeting, asf follows: Stormwater Managemen!. nance. nance. proposed ordinance. 56-17, 18A and1 18Bi in Skippers. GREENSVILLE COUNTY BOARD OF SUPERVISORS NOTICE OF PUBLIC HEARINGS AND NOTICE OF INTENT7 TOPROPOSE ORDINANCES FOR ADOPTION The Greensville County Board of Supervisors will conduct public hearings in the Board's meeting room of the Greensville County Government Center, located at 1781 Greensville County Circle, Emporia, Virginia, beginning at 6:00 p.m., or as soon as practicable thereafter, on Monday, June: 3, 2024, will propose certain ordinances fora adoption at said meeting, and consider 1. Amendment to Greensville County Code of Ordinances; Erosion and Stormwater Management: The Board will propose for adoption an ordinance which would rescind Chapter 9, Erosion and Sediment Control, and Chapter 18.2, Stormwater Management, of the Greensville County Code of Ordinances, and would replace them with a new Chapter 2. Siting Agreement; County Line Solar, LLC: The Board will conduct a public hearing for the purpose of receiving public comment on a proposed Siting Agreement between County Line Solar, LLC and Greensville County, pursuant to Virginia Code Section 15.2-2316.8, in connection with aj proposed Utility Scale Solar Project. At the conclusion oft the public hearing, or at a subsequent Board meeting, the Board may act to authorize 3. Amendment to Greensville County Zoning Ordinance; Utility Scale Solar Projects: The Board will conduct a public hearing fort the purpose of receiving public comment on ap proposed ordinance which would amend the Greensville County Zoning Ordinance by removing Utility Scale Solar Projects as an approved use in the A-1 Agricultural District, subject to two exceptions. Those exceptions are that Utility Scale Solar Projects would be permitted on property on which al business or industry is operated (subject to certain conditions), and would be allowed as an accessory use with an approved Technology Overlay District (subject to certain conditions). At the conclusion of the public hearing, orat a subsequent Board meeting, the Board may act to adopt the proposed ordinance. 4. Amendment to Greensville County Comprehensive Plan; Utility Scale Solar Projects: The Board will conduct aj public hearing for the purpose of receiving public comment on a proposed ordinance which would amend the Greensville County Comprehensive Plan by removing Utility Scale Solar Projects as an approved use in the A-1 Agricultural District, subject to two exceptions. Those exceptions are that Utility Scale Solar Projects would be permitted on property on which a business or industry is operated (subject to certain conditions), and would be allowed as an accessory use with an approved Technology Overlay District (subject to certain conditions). At the conclusion of the public hearing, or at a subsequent Board meeting, the Board may act to 5. Amendment to Greensvile County Zoning Ordinance; Technology Overlay District (ZTA-2-2024): The Board will conduct aj public hearing for the purpose of receiving public comment on a proposed ordinance which would amend the Greensville County other matters at said meeting, as follows: 9, Erosion and Stormwater Management. signing of the Siting Agreement. adopt the proposed ordinance. Zoning Ordinance by adding Article 25, Technology Overlay District. At the conclusion of the public hearing, or at a subsequent Board meeting, the Board may act to adopt the 6. Special Use Permit Application; ERII Development LLC (SP-3-2024): The Board will consider the Special Use Permit application ofERI Development LLC to construct and operate a solid waste management facility on Tax Map Parcel Numbers 56-17, 18A and Copies of the full text of the proposed ordinances, and copies of other documents related to the matters listed above, are on file at the receptionist desk in the Greensville County Government Building, located at 1781 Greensville County Circle, Emporia, Virginia, and may be examined by all interested persons between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. If further information is desired, please contact Linwood E. Pope Jr, Director of Planning for proposed ordinance. 18B in Skippers. Greensville County at (434)348-4205. Advertise: Wednesday, May. 22, 2024 Wednesday, May. 29, 2024 GREENSVILLE COUNTY RECOMMENDED BUDGETFSCALYEAR2025 The Board ofSupervisors' recommendedbudgets synopsisf for fiscaly year 2025 is advertised for publicr notice.. The budget, exceptf fort the pubkc schools! budget,is isfori informativea andfiscalplanningp purposeso only. The budget) hasb beeng presentedo ont the basiso ofe estimates andr requests sub- mitted tot theB Boaido ofs Supervisors. Thel inclusion int thes synopsis ofany item ot items does not constitute ac commitment or obligation on the TheB bamadisemanadommuec Countywillmeeton June3 3,2 2024, 6.00pm.a att the Greensville County Government Building. 1781 Greens- ville County Ckrcle and holdap publc hearingf forl Informative andf fiscal planning purposes toc consider the following proposed budgel fort the fiscalyeare ending June 30, 2025.T They pubkc hearing! Is heldp pursuantto Section 15.2-2506 oft the Code ofVirginla, 1950, as amended, andisfor thep purposeofa allowingthep public toquestiona ando commento onthep pro- Then meetingr maya alsol bev viewedlivestream: atthe following weba address AupsAlmutkom.omkand Allcitizenso ofthe County! havet therl rightt tos sharet thelrv views: FUND1 1-GENERALFUND REVENUEE ESTIMATES LocalP Propertyl Taxes Otherl Locall Taxes Permits, Fees Fines& &F Forfeitures Usec ofh Moneya andProperty Chargesf for Services Miscellaneous RecoveredCosts Revenue Commonwealth TOTAL GENERAL REVENUES EXPENDITURES GeneralGovernment/ Administration Judicial Administration Public Safety Public' Works Health&Welfare Education Parks, Recreation, Cultural Community! Development Non-Departmental DebtServie TOTAL GENERALE EXPENDITURES FUNDB-PUBLICTRANSPORTATION BEVENUEE ESTIMATES Chargesf for Services Miscellaneous CategoricalA Ald-State PbicWutkfadmalunds. TOTAL PUBLICT TANSPOMATOMAVINUE $371,601 EXPENDITURES Publis Dansportations Operating TOTALF PUBLIC TRANSPORTATIONI EXPENDITURES $371,601 FUND1 10-FIRERRESCUES SERVICE REVENUE ESTIMATES Miscellaneous. TOTAL FIRE &RESCUE: SERVICEREVENUES $375,947 EXPENDITURES Greensville Fire Department TOTAL FIRE &RESCUES SERVICEEXPENDITURES $375,947 FUND1 E-SCIDMASTINIRNISEND REVENUEE ESTIMATES Chargesfors Services TOTALSOLIDWASTER REVENUES EXPENDITURES Operating Capital Iransfers TOTALS SOMDWASTEKFMOTUES FUND75-1 LOCAL CAPITAL IMPROVEMENTS REVENUEE ESTIMATES. Capitall Improvements! Projects Reimbursement Iransfers TOTAL CAPITALI PROJECTREVENUES EXPENDITURES localCapitalPiokects TOTAL CAPITAL PROJECTE EXPENDITURES SCHOOLFUND REVENVEESTIMATES TOTAL SCHOOLI REVENUES EXPENDITURES TOTALS SCHOOLEXPENDITURES ATTACHMENT E parto ofthe! Board ofs Supervisors. posedbudget. $14,129,627 $2,289,261 $43,128 $1,620,632 $1,356,022 $334,317 $5,000 $2,379,531 $3.314.600 $25,472,118 $3,371,889 $2,046,714 $6,208,718 $2,567,731 $891,826 $7,091,418 $431,934 $1,208,698 $201,916 $1.451.274 $25,472,118 $8,000 $93,398 $49,402 $220.801 $371.601 $375.94Z $375,947 $1.371.000 $1,371,000 $1,141,000 $230,000 SQ $1,371,000 $0 $201.916 $201,916 $201.916 $201,916 $42,777,913 $42,777,913 NOTICE OF INTENT TO ADOPT ORDINANCE RE: GREENSVILLE COUNTY TAX LEVIES On Tuesday, June 11, 2024, at 2:00 p.m. at the Greensville County Government Building, 1781 Greensville County Circle, Emporia, Virginia, the Greensville County Board of Supervisors intends to adopt an ordinance which will levy the tax rates shown below for real estate, personal property, machinery & tools and farm machinery & tools for the tax year 2024. 2023 $0.67 5.00 0.00 4.00 0.00 2024 $0.67 5.00 0.00 4.00 0.00 Real Property Personal Property Personal Property for Aircraft Machinery & Tools Farm Machinery & Livestock The foregoing tax rates shall remain in force for calendar year 2024, and thereafter, unless increased or decreased by ordinance. ATTACHMENTE PLANNING COMMISSION REPORT SUP-3-2024 - ERI Development, LLC OVERVIEW APPLICANTAGENT OWNER Synagro Central, LLC ERI Development, LLC TAX MAP/ACREAGE/ZONING 56-17( (28.34 acres) - A-1 Agricultural 56-18A (21.66 acres) - A-1 Agricultural 56-18B (206.75 acres) - M-1 Industrial Property is located on 234 Forest Road, LOCATION Skippers, VA Zion M-1; Industrial ELECTION DISTRICT EXISTING ZONING EXISTINGI USE REQUEST Vacant Industrial Building and Site Establish an industrial use. known as the Skippers Beneficiation Facility to store. and recycle coal ash. A-1; Agricultural SUP-2-22, SUP-2-2024 Industrial/Low Density Residential 75.40' Elevation. Zone A (100 yr. Floodplain) Future Land Use Map: Industrial ADJACENT. ZONING PREVIOUS ZONING ACTIVITY CHARACTER OF AREA NATURAL CONDITIONS GREENSVILLE COUNTY COMPREHENSIVE PLAN (THE PLAN) DIRECTOR'S COMMENTS The applicant, ERI Development, LLC (ERI) wishes to construct and operate a solid waste management facility at the former Georgia-Pacific site near Skippers, Virginia to be also known as the "Skippers Beneficiation Facility" (Facility). The proposed Facility will be used to store coal combustion residuals (CCR)that will bej processed by others, and then usedi ini the manufacturing of encapsulated cement products (e.g. concrete, wallboard). The proposed Facility ist to comply with the requirements ofthe Virginia Administration Code (VAC)9 VAC20-81 Part VIII. Requirements for the Management ofCoal Combustion Residuals as adopted from the Code ofFederal Regulations, Title 40, Part 257, as well as other state regulatory requirements, which are being prepared and submitted to the Commonwealth regulatory agencies under separate cover. Purpose oft the Proposed Use Coal combustion residuals (CCRs) encompass thei industrial byproducts produced from the burning of coal ash in coal fire power plants. CCRs include (a) fly ash, a very fine, powdery material composed mostly ofsilica made from the burning offinely ground coal in al boiler, (b) bottom ash, a coarse angular ash particle that is too large tol be carried up into the smokestacks SO it forms in the bottom of the coal furnace, (c) boiler slag, molten bottom ash from slag tap and cyclone type furnaces that turns into pellets that have a smooth glassy ppearamcealeritiscolad with water, (d) flue gas desulfurization material, a material leftover from the process of reducing sulfur dioxide emissions from a coal-fired boiler that can be a wet sludge consisting of calcium sulfate or a dry powdered material that is a mixture of sulfites and sulfates. Coal fly ash is the largest CCR Beneficial Reuse is defined as using a material designated as a "waste product" as as substitute fora "virgin" or mined material. In accordance with 91 VAC10.1-1402.03. B, owners or operators in the Chesapeake Bay Watershed are required tol beneficiate 6.81 million cubicy yards sinar recycling process for encapsulated beneficial use; creating the demand for additional infrastructure and creating According to the American Coal Ash Association, coal fly ash has pozzolanic (cementitious) properties that is used in the manufacture ofl high-performance cement mixes for use in concrete. More than halfofthe concrete produced today in the United States uses fly ash in some quantity as substitute for traditional cement, with mixes varying from forty percent to seventy percent or more fly ash substitute used for the construction of walls, girders, dams, and foundations. Besides concrete, fly ash can also bet used int thei manufacture ofcomposite: materials such as aluminum metal alloys for lightweight auto parts and synthetic lumber for outdoor decks and fences. The CCR stored at the proposed Facility will be used by others for beneficial reuse in encapsulated cement products. For this purpose, thel Facility willl be designed in accordance with the Federal and State requirements for dry storage (landfill) of CCRs. The proposed Facility is planned to be constructed ont the "East Spray Fields"ofthe former Georgia-Pacific (GP) site located at 234 Forest Road. The "East Spray Fields" was used previously by GP as a wastewater discharge field, using a The lifecycle of the Facility can be broken into three durations; the first duration the CCRs are received at the Facility by rail for approximately eight (8) years after its construction while at the same time CCRs are being removed at a slower rate: for beneficiation. During the second duration, incoming CCR decreases and the CCRs are excavated: for beneficiation for an additional twelve(12) years until all CCRs1 have been removed from the Facility. After the CCRs have been removed from byproduct by volume. economic opportunity for the domestic manufacture ofl building products. sprinkler system. the site, the last duration encompasses closure and restoration ofthe site. 2 Siting Location The Facility will be approximately 40-acres, located on adjoining parcels residing within the Zion election district and currently zoned A-1 Agricultural (parcels 56-18A and 56-18B) and M-1 Industrial (parcel 56-17). Figure 1 provides the location of the proposed Facility on the former Georgia-Pacific site. Discussion of] Proposed Use Uponi reviewo ofthe Greensville County ordinance, the proposed used requires a Special Usel Permit under the A-1 agricultural zoning and) M-1 Industrial classifications fort the construction ofap private landfill forinert wastes and debris. It should be noted that although ERI is requesting a Special Use Permit for the construction ofa CCR stockpile constructed to landfill standards on-site, and the Facility will be constructed in accordance with Virginia and Federal regulations for CCR landfills, CCRsV will not bej permanently stored on-site. Thisis an unusual situationrequiring: thel long-term use ofa stockpile. However, because of the mandate by the Virginia legislature to Beneficiate such a large volume of CCR, and conversations with regulators at the Virginia Department of Environmental Quality, permitting this Facility as al landfill was the closest fit to the scope ofwork Typically, as solid waste management facility is required tol be bonded andj provide proofoffinancial assurance to cover the cost ofclosure ofthe facility at the end ofits lifecycle. It should also be noted that the site willl be bonded per Virginia requirements to guarantee the removal ofall CCRs from the Pursuant of this requirement, ERI is submitting the application and required supporting documentation to operate thel Facility at thei former Georgia-Pacific site including the use ofancillary equipment including but not limited to construction equipment within the site, materials deliveries associated with the construction of the Facility, and loading and unloading at the site's rail spurs to be performed on-site. Facility at the end ofits lifecycle. associated with the operation oft the CCR stockpile facility. General Siting The proposed location ofthel Facility will occupy the eastern area previously designated as the "East Spray Fields" by thei former Georgia-Pacifica and designated as TRACT3: andTRACT4: as: showni in Attachment 1: Survey Plat. The area comprises ofapproximately 50.0-acres corresponding tot tax parcels 56-17, 56-18A and 56-18B, of which approximately 40-acres will be developed. This locationi is ideal giveni its prior use as a wastewater spray: field: for the former Georgia-Pacific plant, it'sp proximity to other uses within the site, and its distance from residential buildings as illustrated in Figure 2 titled "Proposed Skippers Beneficiation Facility Location Map". In addition, the site is ideal for the following reasons. Access to Rail Service. One of the primary benefits of this site is the access to active rail spurs that can deliver material to the proposed landfill. This represents a significant economic benefit and limits the need for additional vehicle traffic to the Facility. It is 3 anticipated that other than infrequent materials deliveries needed: fort the construction ofthe site, additional traffic will be passenger vehicles from employees hired to construct and Access to Utility Service. Utility infrastructure is already available on-site. Though the Facility process is not anticipated tol haves a high-power demand, on-site three-phase service isalready available and is proposed tol be extended to the eastern process area adjacent tot the Significant Vegetative Buffers. The proposed siting of the Facility is ideal given the significant vegetative buffers surrounding the area. These vegetative buffers will remain in place with limited clearing needed for the entrance road and along the eastern boundary of parcel 56-18B where it intersects parcel 56-18A. The proposed siting is secluded and far Consistent with Other Uses on Site. Thej proposed use is consistent with otheron-site uses, including multi-modal materials transfer and rail maintenance. Though the proposed usei is on a section of the property zoned for agricultural use, it was previously used for the discharge ofindustrial wastewater. The proposed use would utilize undervalued real estate without using active and productive agricultural resources, and sustainably creating Reuse ofan Abandoned. Facility. The siting for thej proposed Facility reuses aj portiono ofthe former Georgia-Pacific site that was previously a wastewater spray field. This approach of using underutilized real estate for other purposes aligns with Greenville County's operate the Facility. former GP site. from neighbors, providing a well-suited parcel for operations. additional economic development. sustainability goals. Construction oft the Stockpile The Facility will be constructed int three: sequential cell phases timed as necessary to accept CCRsat the facility. Each cell will bet tiedi into one anothera as thel Facility expands across thei footprint shown in the proposed modifications attached in Figure 3 titled "Conceptual Proposed Modifications". As discussed in the introduction, the Facility will be constructed in accordance with the Virginia Administration Code (VAC) 9 VAC 20-81 Part VIII. Requirements for the Management of Coal Combustion Residuals as adopted from the Code ofFederal Regulations, Title 40, Part 257, as well as other state regulatory requirements. Selected criteria for the construction of the Facility are summarized below: Groundwater Per 40 CFR 257.60 new CCR landfills, existing and new CCR impoundments, and all lateral expansions of CCR units must be constructed with a base that is located no less than five (5) feet above the upper limit of the uppermost aquifer. ERI has installed groundwatern monitoring wells in 4 the "East Spray Fields" in Marchof2023 and has been monitoring the groundwater levels and water quality quarterly to establish a baseline for the proposed Facility. Wetlands Per 40 CFR 257.61 new CCR landfills must not be in wetlands as defined in 40 CFR 232.2 unless the owner or operator meets the requirements of paragraph (a)(1) through (5) of this section. The Facility will be constructed in accordance with this section abiding by both federal and state regulations as prescribed in this section. Design Criteria Per4 40CFR 257.70t the Facility willl be constructed using a composite liner system to encapsulate the CCR and stormwater that contacts the CCRs. The liner system will consist of an upper system and lower system to address different environments within the Facility. Both the upper and lower liner systems will employ what are commonly referred to as geosynthetic materials (polymeric products used tos stabilizei terrain), which are. standard (and int this case, required) fort the construction oflined stockpiles and landfills. Geosynthetics are produced in a factory and undergo rigorous quality control measures before being shipped into the field and used in construction ofi new facilities. The lower system functions as an' 'impermeable" layer between the CCR plaçed in the landfill and foundation soils. A typical cross-section ofthe lower system from bottom to top will consist ofthe following components: Acontrolled subgrade (scarified and recompacted for a between bonding surface); Geosynthetic clay liner (GCL)withar minimum permeability oflx 10cm/s, that functions as a secondary containment for the liner system. If any leachate were to escape the 60-mil high-density polyethylene (HDPE) geomembrane, that functions as the primary containments system and encapsulates the CCRs placed in the stockpile; 250-mil double sided geocomposite. The geocomposite functions as a drainage layer for leachate that seeps through the CCRs placed in the stockpile. The cell will be graded sO that the leachate flows towards: a set oflateral pipes ands sumps areas wherei it will be pumped out geomembrane layer, it would be absorbed by the GCL; and treated either on-site or by others at ai facility off-site, and; Stockpiled CCR. The upper system function as an additional "impermeable" barrier between the environment (inclement weather, and stormwater) tol limit leachate generation and prevent the migrationofCCR during large rain events. The upper system will be constructed in areas where CCR is not actively being excavated. During the second phase from year eight to year twenty, the upper system will be removed and replaced as necessary depending on operations. A typical cross-section oft the upper system form bottom to top will consist of the following components: Stockpiled CCR; 5 40-mil linear low-density polyethylene (LLDPE) geomembrane (commonly referred to as rain cover). 40-mil LLDPE geomembrane is used for the upper system geomembrane component because iti is morei flexiblet than 60-mil HDPE used int the lowersystem, and will be able to contains shifts or slope failures in the CCR with lesser potential to rupture, and; Intermediate cover soils. This will consist of soils that were excavated during the construction of stormwater infrastructure and the lower base grades ofthe stockpile. Attached undercover is Figure4t titled' "Typical Geosynthetics Details"illustrates the cross sections oft the upper and lower system components. Leachate Disposal Plan Thel leachate will bej pumped to al holding tank or vessel for short term storage then hauled loff-sitet to aj permitted publicly owned treatment works (POTW). Facility Operations Operations will reside int the eastern area with access to and from the Facility through an improved access: road from the entrance ofthe former Georgia-Pacific site on Forest Road. CCR deliveries to thel Facility willl be exclusively through the existing rail transfero operations at the site. Thei material is transferred from railcars to the Facility using a proposed railcar "tipping" operations into off-road haul trucks that will transport the CCR from thet transfer point tot the Facility fort temporary: storage. The CCR in the landfill will be excavated by others to be used in the manufacture of encapsulated cement products. Special Use Permit Application Considerations The following items described below are specific items required with the Special Use Permit application. Traffic The estimated average daily trips generated from the proposed use is identified in Table 1 below. Table 1:A Average Daily Trip Generation Average Trip Generation Description CCR Shipments Material Delivery* Employee*A Total: Average Daily Trips 0 10 80 90 *Trip generation represents local material deliveries only, does not include any rail deliveries as they are only transported on-site. 6 *ATrip generation represents forty toi fiftye employees associated with thep proposed Facility, including complimentary uses such as the rail transfer facility and the beneficial CCR processing facility The CCRs delivered to the Facility will be transported exclusively by rail. Once the Facility is operational, material deliveries will be limited to the construction of additional phases over the initial eight (8) years ofo operating the Facility. Additional traffic to the Facility is anticipated to be passenger vehicles from new employees commuting to the Facility. Vehicle traffic generated from this use will utilize the entrance on Forest Road and ultimately access Route 301 through the existing which are by-right uses. signalized intersection. Noise Noise will primarily be constrained tot thei immediate area and characterized by railroad traffic noise, equipment engine operation and backup alarms of ancillary equipment such as from front-end loaders, excavators, and haul trucks. The site is bound by a significant vegetative buffer, which generally dampens the migration of noise. The Facility is located away from residential and commercial areas toj provide considerable distance: from any potential receptors ofnoise that may be In addition to the remote location oft the Facility, additional good practices will be implemented at this site to comply with ERI facility standard operating procedures. The unloading and processing areas will be provided with setbacks from property boundary to minimize possible nuisance. generated at the site. Lights ordinances. Dust Site lighting is used within the process area of the Facility and is tol be compliant with the County The amount of dust generated by the process is minimal. Rail cars will use tarps to cover the CCR during transport. Fugitive dusti is controlled through the wetting ofthe process area andi roadways as Access roads tot the site arej properly maintained toi minimize dust. Ifneeded, a water truck is used to water active roadways and dirt areas at the sitet tol helpminimize dust. Proper moisture management during the compost process and in the compost products while onsite also helps to prevent dust generation. Based on these measures, the storage and transfer of CCR processing do not increase Areas of the landfill that are not actively being excavated will be covered using the upper liner system components listed above in Design Criteria and at minimum with 40-mil LLDPE geomembrane (rain cover) to prevent fugitive dust from being transported off-site. needed. ambient levels of dust around the site. 7 Fumes No volatile organic compounds are present in the CCRs and iti is relatively odorless. However, an odor control is required as part ofthe state permitting and isi implemented at this proposed. Facility. As secondary component is location oft the proposed Facility. As shown in Figure 2, the Facility is located away from residential areas (0.78 mile) to provide considerable distance from potential receptors ofc odors that could be generated at the site. Vibrations No vibrations are anticipated with the proposed use other than vibrations from normal heavy equipment operations. Operations Aj plan for operations is required as part oft the state permitting process. The following presents an overview of planned operations. Hours of Operation Thel Facility willl bes staffed for receiving, processing, and shipping ofmaterials between the hours of 7:00 am to 6:00 pm Monday through Saturday. Number of Employees The project initially creates approximately 30 construction jobs to build out the stockpile development. In addition, the stockpile operation inc conjunction with the complimentary: rail transfer and unloading facility and the beneficial use operation adds approximately 40-50jobs att thel Facility. Type of Equipment The equipment will include traditional earthwork equipment including front loaders, skid steers, tractors, trailers, bull dozers, motor graders, excavators, haul trucks, and watert trucks, in additioni to, the rail support facilities including the rail rotator building and tipping floor. Signage No significant signage is proposed; however, a sign will be placed near the intersection of Forest Road and US 301 to identify the business entrance. The sign is to be in accordance with county ordinance. Comprehensive Plan Compatibility The Greensville County Comprehensive Plan, "Greensville 2040", as adopted on 06 March 2023 outlines several goals as applicable to the Special Use Permit application. 8 Application Considerations: The proposed use compliments the comprehensive plan by promoting the industrial economy as the material stored at this Facility will be used in the manufacturing of construction materials. Secondly, the proposed use will utilize lands that have been previously impacted/disturbed from aj previous industrial use and will require minimal clearing or deforestation In2018, Greensville County administered a community survey available onlinei inl hard copy format. One ofthe questions was what Greensville County residents were most concerned about regarding the future of the municipality, nearly 70% replied "lack ofj job opportunities. . When asked about what Greensville County focus should on in the future, 65% replied economic development. This proposed use will provide job opportunities for both skilled and unskilled labor through the construction and maintenance ofthe. Paliyinadlionio.comp.inemingalerus: on the site that Development of Industry and Manyfacturing - Construction of the Facility will support the continued development of the industrial manufacturing economy in an underutilized section of Greensville County since this use will directly support the beneficial reuse processing of the CCR Implementing Sustainability Practices - For nearly 100 years, utility providers across the county utilized coal toj provide electricity commercial and residential development. Withi recent regulation, utility providers are required to either beneficiate or dispose of coal CCR in landfills. The construction ofthis Facility will reduce the need ofmined materials that are costly to the consumer and our environment and utilize undervalued real estate that was previously used industrial adjacent previously cleared areas. are job generators. material to also be performed on the former Georgia-Pacific property. operations. PLANNING COMMISSION RECOMMENDATION APPROVE WITH CONDITIONS 1. A Special Use Permit is granted to ERI Development LLC, for establishment ofa beneficiation facility (landfill) on property identified as County Tax Map 56 Parcel 17, County tax map 56 Parcel 18A and County Tax Map 56 parcel 18B. 2. At all times be in compliance with all local, state, and federal rules, regulations, ordinances, and laws with specific reference to those imposed by the Environmental Protection Agency. Provide the County Planning Department with copies of permits 3. Prepare and submit a site plan to the Planning Director in conformance with the Site Plan 4. Any signs erected must be in compliance with the Greensville County Zoning Ordinance. Other onsite directional signage may be erected at the discretion oft the owner. issued by various agencies. Regulations found in the Greensville County Zoning Ordinance. 5. Maintain entrances to VDOT specifications. 9 6. Obtain a Land Disturbing Permit and Storm Water Management Permit for the proposed 7. Ifthe applicant fails to establish the proposed facility within two years after the issuance of the Special Use Permit, or if operation of the use ceases for a two-year period, the 8. Failure to abide by the above conditions may result in the immediate revocation of the project. Special Use Permit shall become null and void. Special Use Permit. Walter W. Robinson, Chairman 10 SP-3-24 230 234 254 FOREST 9925 6: 56-2L256-2P 56-2N 56-2M, 56-10' 956-31A 55-27 56-2F 56A-2-10 55:4-2/56-12B, 55-4:3.56-12A 55-45 56A-2-7 -56A-2:5/56A-24 55:,29.56A-2 . & 56-7 e 56-12 56-9 56-8 56-9A1 L 56-11 56-13 666A-1-7 56A-1-2 a 56-22, 56-9A 55-61 55-60/ 56-1-3 56-24 56-26 55-59 56-8 55-15-10 55-15-12 C55-15-13 56-17E 56-15 SP-3-24 56-17B/ 56-17 56-18 56-17D 56-17A. 56-18B 56-15B 56-17C 56-18A 56-15A/56-16 FOREST Adjacent Properties 56-17C 56-17D 56-17A 56-17B 56-18 56-26 56-24 56-15 56-15B 56-16 ATTACHMENTG COUNTY OF GRBENSVILLE BUILDING & PLANNING DEPARTMENT TO: FROM: RE: DATE: Honorable Board of Supervisors Lin Pope, Director of] Planning R Adoption of Combined Erosion and Sediment Control and Stormwater Ordinance May 23, 2024 At the June 22, 2023, State Water Control Board (Board) meeting, the Board approved and adopted the Virginia Erosion and Stormwater Management (VESM) Regulation (9VAC25-875), approved the repeal of the Erosion and Sediment Control Regulations (9VAC25-840), and Virginia Stormwater Management Program Regulation (9VAC25-870). The VESM Regulation and repeal of the other regulations will be effective July 1, 2024. Therefore, Greensville County This ordinance is being adopted as part of an initiative to integrate the County of Greensville's stormwater management requirements with the County of Greensville's erosion and sediment control requirements, into a consolidated erosion and stormwater management program. This amendment to the Greensville County Ordinances will replace Chapter 9; Greensville County Erosion and Settlement Control Ordinance, and Chapter 18.2; Greensville County Stormwater Management Ordinance with a new ordinance titled, Erosion and Stormwater must adopt the new combined Erosion and Stormwater regulations. Management Ordinance of the County of Greensville, Virginia. LEP, ,Jr./tcp ATTACHMENTH GREENSVILLE COUNTY BOARD OF SUPERVISORS RESOLUTION 24-90 ORDINANCE TO RESCIND CHAPTER 9, EROSION AND SEDIMENT CONTROL, AND CHAPTER 18.2, STORMWATER MANAGEMENT, FROM GREENSVILLE COUNTY CODE OF ORDINANCES, AND REPLACE THEM WITH NEW CHAPTER9, EROSION AND STORMWATER MANAGEMENT WHEREAS, pursuant to $62.1-44.15:27 of the Code of Virginia, this Ordinance is adopted as part of an initiative to integrate the stormwater management requirements of Greensville County, and the erosion and sediment control, flood insurance, and flood plain management requirements of Greensville County into a consolidated Erosion and Stormwater Management Program; and WHEREAS, the Erosion and Stormwater Management Program is intended to facilitate the submission and approval of plans, issuance of permits, payment of fees, and coordination of inspection and enforcement activities for land-disturbing activities into a more convenient and efficient manner for both Greensville County and those responsible for compliance with these programs; IT IS HEREBY ORDAINED, by the Greensville County Board of Supervisors that Chapter 9, Erosion and Sediment Control, and Chapter 18.2, Stormwater Management, are hereby rescinded from the Greensville County Code of Ordinances, and replaced with a new Chapter 9, Erosion and Stormwater Management, which reads as follows: CHAPTER 9, EROSIONANDSTORMPATER MANAGEMENT Section L.L.TITLE, FURPSLANPAUTIOETT A. This ordinance shall be known as the "Erosion and Stormwater Management Ordinance B. The purpose ofthis ordinance is to ensure the general health, safety, and welfare of the cilizens of the County, prolect the quality and quantity of state waters. from the potential harm of unmanaged stormwater and soil erosion, including protection from a land disturbing aclivily causing unreasonable degradation of properties, water qualily, stream channels, and other nalural resources, and to establish procedures whereby stormwater requirements related to water quality ofGreensville County, Virginia. " and quantily shall. be administered and enforced. C.7 This ordinance is authorized. by9621-1527ofe Code ofVirginia. Section 1.2. DEFINITIONS The following words and ferms, when used in this ordinance, shall have the following meanings, unless the context clearly indicales otherwise. "Adequate chamel"means a channel that will convey the designaled, frequency storm event without overtopping the channel bank nor causing erosive damage to the channel bed or banks. "Agreement in lieu of a plan", means a contract belween the Counly and the owner 01 permillee that specifies methods that shall be implemented to comply with the requirements of the VESMA and this ordinance for the consfruction of a (i) single-family detached residential structure or (ii) farm building or structure on a parcel of land with a total impervious cover percentage, including the impervious cover from the farm building or structure to be constructed, ofless than five percent; such contract may be execuled by the Counly in lieu ofasoil erosion control and. stormwaler management plan. "Applican!" means person submitting a soil erosion control and siormwater management plan to a VESMP authorityfor approval in order to oblain authorization lo "Best management practice" or "BMP" means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices, including both structural and nonstructural practices, to prevent or reduce the pollution ofsurface waters commence a land- disturbing activity. and groundwater systems. 1." Nomproprielary best management practice" means both structural and nonstructurat practices to prevent 01 reduce the pollution ofs surface walers and groundwater systems that are in the public domain and are not protected by 2. Proprietary best management practice" means both structural and nonstructural practices 10 prevent or reduce the pollution of surface waters and groundwater systems that are privately owned and controlled and may be frademark or patent or copyright. protectedb by frademark or patent or copyright. Board"means the Stale Water Control Board. "Causeway" means a lemporary structural span constructed across aflowing watercourse orwetland 10 allow construction traffic 10 access the area without causing erosion damage. Channel"means a natural stream or manmade waterway. "Chesapeake Bay Preservation Acl" means Article 2.5 (S 62.1-44.15:67 et seq.) ofc Chapter "Chesapeake Bay Preservation Area" means any land designated by a local government pursuant to Part III (9VAC25-830-70 et seq.) of the Chesapeake Bay Preservation Area Designation and Management Regulations and $ 62.1-44.15:74 ofthe Code of Virginia. A Chesapeake Bay Preservation Area shall consist of a Resource Protection Area and a Resource Management Area as defined in the Chesapeake Bay Preservation Area Designation and Management Regulations (9VAC25-830). 3.1ofTille 62.10 ofthe Code of Virginia. 2 "Clean Water Acl" or "CWA"means the federal Clean Water Act (33 USC S 1251 et seq),formerly referred to as the Federal Waler Pollution Control Act 01 Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Lavp 96-483, and Public Law 97-117, or any "Cofferdam" means a watertight temporary shruclure in a river; lake, etc., for keeping the water from an enclosed ared that has been pumped dry sO that bridge subsequent revisions thereto. foundations, dams, elc., may be constructed. "Common plan of development 01 sale" means a contiguous area where separate and distincl construction activities may be taking place at different times on different schedules. Comprehensive stormater" management plan" means a plan, which may be integrated with other land use plans o1 regulations that specifies how the water qualily components, quantily components, o1 both of stormwater are to be managed on the basis of an entire watershed or a portion thereof. The plan may also provide for the remediation of erosion, flooding, and water" gulyanlgpmtopohems caused by prior development. "Construction activity" means any clearing, grading, or excavation associated with large construction aclivily o1 associated with small construction activify. "Control measure" means any BMP, stormwater facility, 01 other method used to minimize the discharge ofpollutants to. state waters. "County" means Greensville County, Virginia. "CWA and regulations" mean the Clean Waler Act and applicable regulations published in the Code of! Federal Regulations promugated thereunder. For the purposes ofthiso ordinance, it includess state program requirements. "Dam" means a barrier to confine 07 raise water. for storage o1 diversion, 10 create a "Denuded" means a term applied to land that has been physically disturbed and no hydraulic head, to prevent, gully erosion, or to. retain soil, rock, or other debris. longer supports vegetative cover. Departmenl"means the Virginia Department of Environmenta Quality. Developmenl"means land disturbance and the resulling landform associated with the construction of residential, commercial, industrial, institutional, recreation, transportation, 01 utility facilities or structres o1 the clearing of land for non- agricullural 01 non-silvicultura purposes. The regulation of discharges from development, for purposes ofstormwater management, does not include the exclusions found in 9VAC25-875-860. 3 "Dike" means an earthen embankment constructed 10 confine or control water; especially one buill along the banks ofar river 10, prevent overflow oflowlands, levee. "Discharge" when used without qualification, means the discharge of a 1. Any addition of any pollutant or combination ofi pollulants 10 state waters from 2. Any addition of any pollutant o1 combination of pollutants 10 the waters of the contiguous zone o1 the ocean from any point source other" than a vessel o7 other foating craft which is being used as a means of transportation. This definition includes additions oft pollutants into suface waters from: surface rmoff that is collected or channeled by man; discharges through pipes, sewers, or other" conveyances owned by a state, mnicipality, o1 other person that do not lead l0 a treatment sorks; and discharges through pipes, sewers, or other conveyances, leading into privately owned treatment works. This term does not include an addition ofpollutants by any indirect discharger: "Distric!" or "soil and water conservation district" means a political subdivision of the Commonwealth organized in accordance with the provisions of Article 3 (S 10.1-506 et. seq.) of 'Diversion" means a channel with a supporting ridge on the lower side constructed across or at the bottom ofa slope for the purpose of intercepting surface runoff Dormant"means denuded land thal is not actively being brought to a desired grade or "Drainage ared" means a land ared, water ared, or both from which runoff. flows to a "Energy dissipator" means a non-erodible structure which reduces the velocily of Environmenta Protection Agency" o1 "EPA" means the United States Environmental "Erosion and sediment control plan" means a document containing material for the conservation of soil and water" resources ofar unit o1" group oft units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations, and a record of decisions contributing 10 conservation treatment. The plan shall contain all major conservation decisions to ensure that the entire unit 01 units ofland will be. SO treated to achieve the conservation objectives. "Erosion impact area" means an area of land that is not associated with a current land- disturbing activily but is subject to, persistent soil erosion resulling in the deliveryof sediment onto neighboring properties 07 into state waters. This definition shall not apply pollutant. "Discharge ofapollutanl"means: anypoint. source; or Chapter 5 ofTille 10.1 ofthe Code of Virginiad. condition. common point. concentrated) flow to reduce its erosive effects. Protection. Agency. 4 to any lol or parcel ofland of10,000. square feet or less usedforresidentia, purposes or to shorelines where the erosion resulis from wave action or other coastal processes. ESC"means erosion and sediment control. "ESM plan' ' means a soil erosion control and. stormwater management plan, commonly "Farm building or structure" means the same as that term is defined in $36-97 ofthe Code of Virginia and also includes any building or structure used for agritourism activily, as defined in 3.2-6400 of the Code of Virginia, and any related impervious services "Flood fringe" " means the portion of the. floodplain outside the floodway that is usually covered with waler from the 100-year flood or storm event. This includes the flood or floodway, fringe designated by the Federal Emergency. Management Agency. "Flooding" means a volume ofwater that is too, great 10 be confnedwithin the banks o1 walls of the stream, water body, or conveyance system and that overflows onto adjacent Floodplain" means the area adjacent to a channel, river; stream, or other water body that is susceptible to being inundated by water normally associated with the 100-year. flood 01 storm event. This includes the floodplain designated by the Federal Emergency Flood-prone area" means the component of a natural o1 restored stormvater conveyance system that is outside the main channel. Flood-prone areas may include the floodplain, the floodway, the flood fringe, wetlands, riparian buffers, or other areas "Floodway" means the channel ofar river or other watercourse and the adjacent land areas, usually associated with. flowing water; that must be reserved in order" to discharge the 100-year flood or storm event without cumulatively increasing the water surface elevation more than one fool. This includes the floodway designated by the Federal "Flume" mecns a constructed device lined with erosion-resisian, materials intended 10 "General permil" means a permit authorizing a dlegoryOdscharges under the CWA "Hydrologic Unit Code" or "HUC" means a watershed unil established in the most recent version of Virginia's 6th Order National Watershed Boundary Dataset unless referred to as the erosion control and. stormwater management plan. including roads, driveways, and parking areas. lands, therebycausing or threatening damage. Management Agency. adjacent 10 the main channel. Emergency Management. Agency. convey water on steep. grades. and the VESMA within a geographical ared. specifically identified as another order. 5 Impervious cover"means a surface composed of material that significantly impedes or 'Incorporated place" means a city, lown, township, o1 village that is incorporated "Inspection" means an on-sile review of the project's compliance with any applicable design criterid, or an on-site review to oblain information or conduct surveys or invesligations necessary in the implementation or enforcement of the VESMA and "Karst area" means any land area predominantly underlain at the surface 01 shallow subsurface by limestone, dolomite, or other soluble bedrock regardless of any obvious "Kars! features"means sinkholes, sinking and losing streams, caves, large/low.springs, "Land disturbance"or "land-disturbing activity" means a manmade change t0 the land surface that may result in soil erosion or has the potential t0 change its runoff characteristics, including construction activily such as the clearing, grading, excavating, Land-disturbance approval" means an approval allowing a land-disturbing activity to commence issued by the VESMP authority afler the requirements ofs 62.1-44.15:34 ofthe "Large construction activily" means construction activily including clearing, grading, and excavation, excepl operations that result in the disturbance of less than, five acres of total land ared. Large construction activily also includes the disturbance of less than five acres of total land area that is aj part ofai larger common plan ofdevelopment or sale ifthe larger common plan will ultimately disturb, five acres or more. Large construction activity does not include routine maintenance that is performed to maintain the original line and "Linear development projec!" means a land-disturbing activity that is linear in nature such as, but not limited t0, () the construction of electric and telephone utility lines, and natural gas pipelines; (ii) construction of tracks, rights-of-way, bridges, communication facilities and other related structures of a railroad company; (iii) highway construction projecis; (v) construction ofstormwater channels and: stream restoration activities; and (v) water" and. sewer lines. Private subdivision roads o1 streets shall not be considered linear "Live watercourse" means a definite channel with bed and banks within which prevents natural infiltration ofwater into, soil. under the Code ofVirginia. applicable regulations. surface karst features. and other such landscape features found in karst areas. orfilling ofland. Code of Virginia have been met. grade, hydraulic capacity, or original purpose ofthefacility. development projects. concentrated waterflows continuously. 6 Locality"means the ComyoGreensville. "Localized flooding" means smaller scale flooding that may occur outside of a stormwater conveyance system. This may include high water; ponding, o1 standing water" from stormwater. runoff, which is likely to cause, properlydamage or unsafe conditions. "Main channel" means the portion of the slormwater conveyance system that contains the base flow and: small frequent storm events. Manmade"means constructed. byi man. "Minimize" means lo reduce or eliminate the discharge of pollutants to the extent achievable using stormvater controls that are rchmologiealyanilahe and economically "Minor modification" means modificalions and amendments not requiring extensive review and evaluation including changes in EPA promulgaled lest protocols, increasing monitoring frequency requirements, changes in sampling locations, and changes 10 compliance dates within the overall compliance schedules. A minor" permit modification o1 amendment does not substantially alter permil conditions, substantially increase, or decrease the amount ofsurface waler impacts, increase the size ofthe operation, o1 reduce "Natural channel design concepts" means the ulilization of engineering analysis and fluvial geomorphic processes 10 create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating 01 recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench "Natural stream" means a tidal or nontidal walercourse that is part of the natural topography. It usually maintains a continuous or seasonal flow during the year and is characterized as being irregular in cross-section with a meandering course. Constructed channels such as drainage ditches 01 swales shall not be considered natural streams; however, channels designed utilizing natural channel design concepts may be considered practicable. the capacity ofthe facilily to, protect human health o1 the environment. and its floodplain. natural streams. Nonerodble-means ai material, e.g., riprap, concrete, plastic, etc., that will not experience "Nonpoint source pollution" means pollution such as sediment, nitrogen, phosphorus, hydrocarbons, heavy metals, and toxics whose sources cannot be pinpointed bul rather are washed from the land surface in a diffuse manner by surface wear due 10 naturalforces. stormwaler:. Operdlor"means the Olvner or operator ofanyf facility voractivily, subject to the VESMA and this ordinance. In the context of stormwater associated with a large o1 small 7 construction activily, operator means any, person associated with a construction projeci that meets either ofthe following lwo criteria: () the person has direct operational control over" construction plans and specifications, including the ability to make modifications 1o those plans and specifications 07 (ii) the person has day-to-day operational control of those activities at a project that are necessary 1o ensure compliance with a. stormwater polluion prevention plan for the. site or other permit or VESMP authority permit conditions (ie., they are authorized to direct workers at a sile 10 carry oul activities required by the stormvater "Owner" means the same as that term is defined in, S 62.1-44.3 ofthe Code of Virginia. For a regulated land-disturbing activily that does not require a permil, "owner" also means the owner or owners of the freehold of the premises or lesser" estate therein, mortgagee o1 vendee in possession, assignee ofrents, receiver; execulor, trustee, lessee, or pollution prevention plan 01 comply with other permil conditions). other person,firm, 07 corporation in control ofaproperty. "Peak) flow rate"means the maximmm inslantaneous, flowj from a prescribed design storm at "Percent impervious" means the impervious area within the site divided by the area ofthe "Permil" means a VPDES permit issued by the department pursuant t0 S 62.1-44.150f the Code ofVirginiaf for. stormwater discharges from a land-disturbing activity. Permitlee'means the person to whom the permit is issued. aparticular location. sile multiplied by 100. "Person" means any individual, partnership, firm, association,, joint venture, public or private corporation, frust, estate, commission, board, public or private institution, utility, cooperative, county, cily, town, or other political subdivision of the Commonwealth, governmental body, including aj federal or stale entily as applicable, any interstate body, or "Point of discharge" means a location at which concentrated stormwater runoff is released. "Point source" means any discernible, confined, and discrete conveyance ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection. system, vessel, or other foating crafi from which pollutants are or may be discharged. This term does not include returnflows, from irrigated agriculture or agricultural stormwater. ruoff any other legal entity. including any pipe, "Pollutant discharge" means the average amount ofa particular pollutant measured in pounds per. year" o1 other standard reportable unit as appropriate, delivered by stormvater runoff 8 "Pollution", 'means such alteration of the physical, chemical, 01 biological properties of any state waters as will o1 is likely lo create a nuisance 01 render" such waters (a) harmful or detrimental 01 injurious to the public health, safety, or welfare, or to the health of animals, fish or aquatic life; (b) usuitable with reasonable treatmen! for use as present o1 possible fiuture sources of public water" supply; 07 (c) unsuitable for recreational, commercial, industrial, agricullural, or other reasonable uses, provided that (i) an alteration of the physical, chemical, or biological property of state waters, o1 a discharge or deposil ofsewage, industrial wastes or other wastes 10 state waters by any oyner which by itself is not sufficient t0 cause pollution, but shich, in combination with such alteration ofor discharge or deposit lo state waters by other" Owners, is. sufficien! to cause pollution; (ii) the discharge ofuntreated sewage byany owner into state waters; and (iii) contributing to the contravention of standards of water quality duly established by the State Water Control. Board, are pollution" for the terms and purposes ofthis ordinance. Posl-development? refers to conditions that reasonablymay be expected or anticipated to exisl afier completion ofthe land development activity on as specific site 01 fract ofland. Predevelopmet'ryers to the conditions that exist at the time that plans for the land- disturbing activily are submitted to the VESMP authorily. Where phased development or plan approval occuIS (preliminary grading, demolition of existing structures, roads, and ulilities, etc.), the existing conditions at the time prior to the commencement of land- "Prior developed lands" means land that has been previously utilized for residential, commercial, industrial, institutional, recreation, ransportation, or utilily facilities 07 structures, and that will have the impervious areas associated with those uses altered Oualfedpersomel"? means a) person knowledgeable in the principles and practices of erosion and sediment and stormwater management controls who possesses the skills 10 assess conditions at the construction site for the operator that could impact stormwater quality and quantity and to assess the effectiveness ofany sediment and erosion control measures o1 stormwater management, facilities selected to control the quality and quantily Responsible land disturber" or "RLD" means an individual holding a certificate issued by the department who is responsible for carrying out the land-disturbing activity in accordance with the approved erosion and sediment control plan 01 ESM plan. The RLD may be the Owner; applicant, permillee, designer; superintendent, project manager, contractor; o1 any other" project or development team member. The RLD must be designated on the erosion and sediment control plan, ESM plan, or permil as defined in "Rumof" or 'stormwater runoff" means that portion of precipitation that is discharged disturbing activily shall establish predevelopment conditions. during a land- disturbing aclivily. ofstormwater discharges from the construction activily. this ordinance as a prerequisite, for engaging in land disturbance. across the land: surface o1 through conveyances to one or more waterways. 9 "Runoff characteristics" includes maximum velocily, peak, flow rate, volume, and fow "Runoff volume"! means the volume ofiater that runs off the land development projecl "Sediment basin"means a temporary impoundment built to retain sediment and debris with "Sedimen! trap" means a emporary impoundment buill to. relain sedimen! and debris hich "Sheet flow" (also called overland flow) means shallow, unconcentrated and irregular, flow down a slope. The length of strip. for overland fow usually does not exceed 200 feel under "Shoreline erosion control projec!" means an erosion control project approved by local wetlands boards, the Virginia Marine Resources Commission, the department, or the United Slates Army Corps of Engineers and located on tidal waters and within nonvegetated o1 "Site" means the land or water area where any facility or land-disturbing activily is physically located or conducted, including adjacent land used o1 preserved in connection with the facility 01 land-disturbing activity. Areas channelward of mean low water in tidal Virginia "Site hydrology" means the movement of water on, across, through and off the site as determined by parameters including soil types, soil permeability, vegetalive cover; seasonal "Slope drain" means tubing or conduil made ofnonerosive material extending. from the top duration. from a prescribed: storm event. aconroledsiormwdler. release structure. is formed by constructing an earthen embankment with a. stone outlet. natural conditions. vegetated) wetlands as defined in Tille 28.2 of the Code of Virginia. shall not be considered part ofasite. water tables, slopes, land cover, and impervious cover. to the bottom ofa cul orf fll slope with an energy dissipator at the outlet end. "Small constructionactivily"eans: 1. Construction activities include clearing, grading, and excavating that resulis in land disturbance of equal to o1 greater than one acre and less than five acres. Small construction activily also includes the disturbance of less than one acre ofiotal land area that is part ofa larger" common plan of development or sale ifthe larger common plan will ultimately disturb equal 10 o1. greater" than one and less than five acres, Small construction activily does not include routine maintenance thal is performed 10 maintain the original line and grade, hydraulic capacity, or original purpose of the facility. The department may waive the otherwise applicable requirements in a general permit. for a stormyater discharge from construction activities that disturb less than five acres where stormwater controls are not needed based on an approved "lotal maximum daily load" (TMDL) that addresses the pollutants ofconcern or,. for nonimpaired waters thal do not require TMDLS, an equivalent analysis that determines allocations for small 10 construction sites for the pollutants of concern ol that determines that such allocations are not needed to protect water qualily based on consideration of existing in-stream concentrations, expected growth in pollutant contributions from all sources, and a margin of safety. For the purpose ofthis. subdivision, the pollutants ofc concern include sediment or a parameler that addresses sediment (such as total suspended solids, lurbidity, o1 siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the construction activily. The operator shall certify to the department that the construction aclivily will take place, and stormvater discharges will occur, within the drainage area addressed by the TMDL or provide an equivalent analysis. As of the start date in Table 1 of 9VAC25-31-1020, all certifications submitted in support of the waiver shall be submilled electronically by the owner o1 operator 10 the department in compliance with this subdivision and 40 CFR Part 3 (including, in all cases, 40 CFR Part 3 Subpart D), 9VAC25-875-940, and Part X7 (9VAC25-31-950 el seq.) of the Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation. Part XI of 9VAC25-31 is not intended to undo existing requirements for electronic reporting. Prior to this date, and independent of Part XI of 9VAC25-31, permittees may be required 10 report 2. Any other construction activily designated by either the department or the EPA regional administrato, based on the potential, for contribution to a violation ofa waler quality. standardorf for significant contribution ofpollutants lo surface waters. "Soil erosion") means the movement of soil by wind 01 water into stale waters 01 onto lands "Soil erosion control and stormwater management plan,' " commonly referred 10 as the erosion control and stormwater management plan, Or "ESM plan" means a document describing methods for controlling soil erosion and managing stormwater in accordance with the requirements adopted pursuant to the VESMA. The ESM plan may consist ofaspects oft the erosion and. sediment control, plan and the stormwater management plan as each is described in "Stabilized" means land that has been treated t0 withstand normal exposure 10 natural PFPPenan permit. in the Commonyeallh. this ordinance. forces without incurring erosion damage. State"means the Commonyealth of Virginia. "State application" o1 "application" means the standard form or forms, including any additions, revisions, or modifications to the forms, approved by the administrator and the "Slate Water Control Law" means Chapter 3.1 (S 62.1-44.2 et. seq.) ofTitle 62.1 ofthe departmentfor applbing/orapermil. Code ofVirginid. 11 "State waters" means all water, on the surface and under the ground, wholly or partially within or bordering the Commonyealth o7 within its jurisdiction, including wetlands. "Storm sewer inle!" means a structure through which stormeater is introduced into an Stormater; "for the purposes ofthe VESMA, means precipilation that is discharged. across the land surface or through conveyances to one o1" more waterways and that may include "Stormater conveyance system" means a combination of drainage components that are used to convey stormwater discharge, either within o1 doinstream of the land-disturbing mdergomcomeyance system. stormwater runoff, snow melt runoff, and. surface runoff and drainage. activity. This includes: 1. "Manmade stormwater conveyance system" means a pipe, ditch, vegetated swale, o1" other stormwater conveyance system constructed by man except for restored 2. "Natural stormater conveyance syslem"means the main channel of a natural. stream 3. "Restored stormater conveyance system" means a siormwater conveyance system that has been designed and constructed using natural channel design concepts. Restored stormwater conveyance systems include the main channel and the flood- Stormwater detention" means the process of temporarily impounding runoff and discharging it through a hydraulic outlet structure to a downstream conveyance sjstem. Stormwater management facility" means a control measure that controls stormwater runoff and changes the characteristics of that runoff including the quantity and qualily, the "Stormwater management plan"means a document containing material describing methods "Slormwater Pollution Prevention Plan" o1 SWPPP" means a document that is prepared in accordance with good engineering practices and that identifies potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges. A SWPPP required under the VESMP. for construction activifies shall identif and require the implementation ofo control. measures and. shall include or incorporate by reference an approved erosion and sediment control, plan, an approved: stormater management plan, andal pollution stormwater conveyance systems; and the flood-prone area adjacent to the main channel; or prone area adjacent to the main channel. periodo lofrelease or the velocilyofflow. for complying with the requirements ofthe VESMP. prevention plan. 12 Subdvision'means the same as definedins S 15.2-2201 ofthe Code of Virginia. "Surface waters"means: I. All waters that are currently used, were used in the pas!, o1 may be. susceptible to use in interstate or foreign commerce, including all waters that are subject 10 the ebb andflow ofthe tide; 2. All interstate waters, including interstate wellands; 3. AIl other waters such as intrastate lakes, rivers, streams (including intermillen! streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, 01 natural ponds the 1se, degradation, or destruction ofihich would affect o1 could affect interstate or foreign commerce including any such waters: a. That are or could be used by interstate oT foreign travelers for recreational b. From which) fish or shellfish are or could be laken and sold in interstate or C. That are used 01 could be used for industrial purposes by industries in 4. All mpoundments ofwaters otherwise defined as. surface waters under this definition; 5. Tributaries ofaters identified linsubdivisions. 1 through 4 ofthis definition; or other purposes; foreign commerce; o1 interstate commerce; 6. The territorial sea; and 7. Wetlands adjacent to waters (other than waters that are themselves wetlands) Waste treatment systems, including treatment ponds or lagoons designed 10 meet the requirements ofthe CWA and the law, are not surface waters. Surface waters do not include prior converted cropland. Notvitlnslanding the determination of an area's stalus as prior converted cropland by any other agency, for the purposes of the CWA, the final authority identified in subdivisions 1 through 6 ofthis definition. regarding the CWA jurisdiction remains with the EPA. SWM'means. somvatermangemen. Temporary vehicular stream crossing" means a lemporary non-erodible structural span installed across a flowing watercourse. for use by construction traffic. Structures may include bridges, round pipes o1" pipe arches constructed on o1 through non-erodible material. "Ten-year storm"means a storm that is capable ofi producing rainfall expected 10 be equaled or exceeded on the average of once in 10. years. II may also be expressed as an exceedance probability with a 10% chance of being equaled or exceeded in any given, year. 13 "Total maximum daily load" or "TMDL" means the sum of the individual wasteload allocations for point sources, load allocations (LAs).for nonpoint sources, natural background loading, and a margin of safety. TMDLS can be expressed in lerms of either mass per time, toxicily, or other appropriate measure. The TMDL process provides for point versus nonpoint source. trade-offs. "Town"means an incorporatedlown. "Tivo-year storm" means a storm that is capable of producing rainfall expected to be equaled or exceeded on the average of once in wwo years. II may also be expressed as an exceedance probability with a. 50% chance of being equaled or exceeded in any. given) year. "Virginia Erosion and Stormwater Management Acl" or "VESMA" means Article 2.3 (S 62.1-44.15:24 et seq.) of Chapter 3.1, State Water Control La, of Title 62.1 of the Code of "Virginia Erosion and Stormwater Management Program" or "VESMP" means a program established by the VESMP authority for the effective control of soil erosion and sediment deposition and the management of the quality and quantily of runoff resulting from land- disturbing activities lo prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. The program shall include such items as local ordinances, rules, requirements for permits and land-disturbance approvals, policies and guidelines, technical materials, and requirements for plan review, inspection, and enforcement consistent "Virginia. Erosion and Stormwater Management Program authority" or "VESMP authorily" means the County ofGreensville approved by the department lo operate the VESMP. "Virginia Pollutant Discharge Elimination System (VPDES) permi!" or "VPDES permit" means a document issued by the department pursuant to the State Water Control Law authorizing, under prescribed conditions, the potential 01 actual discharge ofi pollutants from a "Virginia Stormwater BMP learingrouse-means a collection that contains detailed design standards and specifications for control measures that may be used in Virginia 10 comply with "Virginia Stormater Management Handbook" means a collection ofpertinent information that provides general guidance for compliance with the VESMA and aisocialedregulations and is developed by the department with advice from a stakeholder advisory commillee. Wasteload allocation" or "wasteload" means the portion ofa receiving surface waler's loading 01 assimilative capacily allocated to one of its existing or. future point sources of pollution. Wasteload allocations are a type ofiater qualily-based efluent limitation. "Water quality technical criteria" means standards sel forth in regulations adopted Virginia. with the requirements ofthe VESMA. point source to. surface waters. the requirements ofthe VESMA and associated. regulations. 14 pursuant t0 the VESMA that establish minimum design criteria for meastres t0o control "Water quantily technical criteria" means standards set forth in regulations adopted pursuant to the VESMA that establish minimum design criteria for measures to control "Watershed" means a defined land area drained by a river" or stream, karst system, 01 system of connecting rivers 01 streams such that all surface water within the area flows through a single outlet. In karst areas, the karst feature 10 which water drains may be "Wellands" means those areas that are inundated 01 saturated by surface water" or groundater at a frequency and duration sufficient to support, and thal under normal circumslances do. support, a prevalence ofvegetation typically adapted for life in saturatedsoil conditions. Wetlands generally include swamps, marshes, bogs, and. similar areas. Section 2.1. VIRGINIA EROSION AND STORMWATER MANAGEMENT PROGRAM Pursuant 10 962.1-4.15:270fle Code of Virginia, the County hereby establishes a Virginia Erosion and Stormwater Management Program. for land-disturbing activities and adopts the Virginia Erosion and Stormater Management Regulation that specif standards and specifications for VESMPS promulgated by the State Waler Control Board for the purposes set out in Section 1.1 of this Ordinance. The Greensville Counly Board of Supervisors hereby designates the Director of Planning as the Administrator of the Virginia Erosion and nonpoint source, pollution. localizedlooding: and stream channel erosion. considered the single outlet) for the watershed. ESTABLISHED Stormwater Management Program established. by this Ordinance. Section 2.2. REGULATEDLAND! DISTURHNGACTIVTIES A. Land-dislurbing activities that meet one ofthe criteria below are regulatedasfolows: 1. Land-dislurbing activily that disturbs 10,000 square. feet or more, is less than one acre, not in an area ofa locality designated as a Chesapeake Bay Preservation Ared, and not part of a common plan of development or sale, is. subject lo criteria defined in Article 2 9VAC25-875-540 el seq.) of Part Vof the Virginia Erosion 2. Land-disturbing activily that disturbs less than one acre, but is part of a larger common plan of development o1 sale that disturbs one acre or more, is subject 10 criteria defined in Article 2 (9VAC25-875-540 et seq.) and. Article 3 (9VAC25-875- 570 et seq.) of Part V unless Article 4 (9VAC25-875-670 et seq) of Part Vofthe Regulation is applicable, as determined in accordance with 9VAC25-875-480 and Land-disturbing activity that disturbs one acre or more is subject 10 criteria defined in andi Stormvater Management Regulation (Regulation). 9VAC25-875-490. B. 15 Article 2 (9VAC25-875-540 et. seq.) and Article 3 9VAC25-873-570 el seq.) of Part V unless Article 4 (9VAC25-875-670 et seq.) of Part Vi is applicable, as determined in C. Land-disturbing activities exempl per 9VAC25-875-90 are not required to comply with the requirements ofthe VESMA uless otherwise required. byfederal law. Section. 3.1. REVEIANDAPPROVAL OFPLANS(S 621-4415:34oftie Codeof accordance with 9VAC25-875-480 and 9VAC25-875-490. Virginia); PROHIBITIONS A. The Counly shall review and approve soil erosion control and. stormwater management (ESM) plans, except. for activilies not required to comply with the requirements of the Virginia Erosion and Stormwater" Management Act (VESMA), pursuant to $62.1- 44.15:34 of the Code of Virginia. Activities not required 10 comply with VESMA are defined in 9VAC25-875-90. B. Al person. shall not conduct any land-disturbing activity in the County until: 1. An application that includes a permit registration statement, if required, a soil erosion control and. stormwater management plan or an executed agreement in lieu 2. The name of the individual who will be assisting the o1ner in carying out the activity and holds a Responsible Land Disturber certificate pursuant 10 $ 62.1- 44.15:30 of the Code of Virginia is submitted 10 the County, except that such certificate shall not be required where an agreement in lieu of a plan for construction ofa single-family delachedresidentia: structure is provided; however, ifa violation OCCHTS during the land-disturbing activily for the single- family detached residential structure, then the owner shall correct the violation and provide the name of the individual holding a Responsible Land Dislurber certificate as provided by $ 62.1-14:30 of the Code of Virginia. Failure to provide the name of an individual holding a Responsible Land Disturber certificate prior lo engaging in land-disturbing activilies may result in revocation of the land- disturbance approval and. shall subject the owner" t0 the penalties provided by the 3. The County has issued its land-disturbance approval. In addition, as a prerequisite toe engaging in an approved land-dislurbing activity, the name ofthe individual who will be assisting the owner in carrying out the activity and holds a Responsible Land Disturber certificate pursuant to $ 62.1-44.15:30 of the Code of Virginia shall be submilled l0 the County. The County may waive the Responsible Land Disturber certificate requirement for an agreement in lieu of a plan for construction of a single-family detached residential structure; however, ifa violation occHrS during the land-disturbing activity. for the single-family detached residential struchure, then the owner shall correct the violation and provide the name of the individual holding a Responsible Land Disturber certificate as ofaplan, ifrequired, has been. submitted. to the Counly; VESMA; and 16 providedbys $62.1-14:30oflhe Code of Virginia. Failure lo provide the name ofan individual holding a Responsible Land Disturber certificate prior l0 engaging in land-disturbing activities may result in revocation ofthe land-disturbance approval and shall subject the owner to the penallies provided the Act. C.The County, mayrequire changes to an approved. ESMp plan in the following cases: 1. Where inspection has revealed that the plan is inadequate to satisfy applicable 2. Where the owner. finds that because of changed circumstances or for other reasons the plan cannot be effectively carried out, and proposed amendments to the plan, consisten! with the requirements ofthe Act, are agreed to by the VESMP authority regulations or ordinances; o1 and the ovner. D. Inorder to) prevent further erosion, the Counly may require approval of an erosion and sedimen! control plan and a stormwater management plan for any land it identifies as E. Prior to issuance ofany land-disturbance approval, the County may also require an applicant, excluding state agencies and federal entities, to submit a reasonable performance bond with surely, cash escrow, letler ofcredit, any combination thereof or such other legal arrangement it finds acceptable, to ensure that it can take measures at the applicant's expense should he fail, afier proper" notice, within the time specifiedto comply with the conditions it imposes as a result of his land-disturbing activily. Ifthe County takes such action upon such failure by the applicant, it may colleci from the applicant the difference should the amount of the reasonable cost ofsuch action exceed the amount of the security held. Within 60 days of the completion of the Counly's conditions, such bond, cash escrow, letter ofcredit, or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the applicant or F. The County may enter into an agreement with an adjacent VESMP authority regarding the administration of multfurisdictiona projects, specifying who shall be responsible for all or part of the administrative procedures. Should adjacent VESMP authorities fail to reach. such an agreement, each shall be responsible. foradminislering the area of G. No exception 10, or waiver of posl-development nonpoint nutrient runoff compliance requirements shall be granted unless offsite options have been considered and found not available in accordance with subsection D ofs 62.1-44.15:35 of the Code of H. The County is authorized 10 cooperate and enter into agreements with amyfederal o1 state agency in connection with the requirements for land-disturbing activities in an erosion impact ared. ($62.1-44.15:34) terminated. the multijurisdictiona project that lies within its jurisdiction. Virginia. accordance with, $62.1-.15:50oflhe Code of Virginia. 17 Section 3.2. REVIEW OF A SOIL EROSION CONTROL AND STORMWATER A. The Counly, shall approve or disapprove an ESM! plan according lo the following: 1. The Counly shall determine the completeness of any application within 15 days afler receipt and shall act on any application within 60 days afler it has been 2. The County shall issue either land-disturbance approval o1 denial and provide 3. Prior to issuing a land-disturbance approval, the County shall be required to obtain 4. The County also shall determine whether any resubmittal of a previously disapproved application is complete within 15 days afier receipt and shall act on MANAGEMENT PLANESM. Plan) determined by them to be complete. written rationale. for any denial. evidence of permit coverage when such coverage is required. the resubmitted. application within 45 days afier receipt. Section 3.3. STORMWATER PERMITREQUIREMENT: EXEMPTIONS A. Except as provided herein, no person may engage in any land-disturbing activity until a permit has been issued by the County in accordance with the provisions of this B. Nohvithstanding any other provisions of this ordinance, the following activities are not required to comply with the requirements oft this ordinance unless otherwise required I. Minor land-disturbing activities, including home gardens and individual home 2. Installation, maintenance, 07 repair ofany individual service connection; 3. Installation, maintenance, or repair of any underground utility line when such activily occurs on an existing hard surfaced road, street, 01 sidewalk, provided the land- disturbing activily is confined 10 the area of the road, street, o1 sidewalk that 4. Installation, maintenance, or repair ofany septic tank line or drainage. field unless included in an overall plan for land-disturbing activily relating to construction of 5. Permilledsurface or deep mining operations and projects, or oil and gas operations and projects conducted pursuant to Title 45.2 of the Code of Virginia; ordinance and the Regulation. byfederal las: landscaping, repairs, and maintenance work; ish hard: surfaced; the building to be served. by the seplic tank. sjstem; 18 6. Clearing oflands specifically.for bona fide agricultural purposes; the management, tilling, planting, 01 harvesting of agricultural, horticultural, o1 forest crops; livestock feedlot operations; agricullural engineering operations, including construction ofterraces, lerrace oullets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; or as addilionally set forth by the Board in regulations. However, this exception shall not apply to harvesting of. fores! crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (S 10.1-1100 et seq. of the Code of Virginia) or is converted lo bona fide agricultural or improved pasture use as 7. Installation offence and. signposfs o1 telephone and electric poles and other kinds of 8. Shoreline erosion control projects on tidal waters when all of the land-disturbing aclivities are within the regulatory authorily of and approved by local wellands boards, the Marine Resources Commission, or the United Stales Army Corps of Engineers; however; any associated land that is disturbed outside ofthis exempted area shall remain subject to the VESMA and the regulations adopled pursuant 9. Repair or rebuilding of the tracks, rights-of-way, bridges, commnication, facilities, and other related: structures and facilities ofarailroad company; 10. Land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health o1 the environment. In such siluations, the Counly shall be advised of fhe disturbance within seven days of commencing the land-disturbing activily, and compliance with the administrative requirements ofsubsection. A is requiredwithin 11.1 Discharges to a sanitary sewer 01 a combined sewer system; that are not from a C.1 Notvithstanding this ordinance and in accordance with the Virginia Erosion and Stormwater Management Act, Article 2.3 (S 62.1-44.15:24 et seq.) of Chapter 3.1 of Tille 62.1ofthe Code of Virginia, the following activilies are required 10 comply with the soil erosion control. requirements bul are not required to comply with the water quantity and water 1. Activities under" a state or federal reclamation program to return an abandoned 2. Routine maintenance that is performed 10 maintain the original line and grade, hydraulic capacily, o1 original construction of the project. The paving of an existing road with a compacted 01 impervious surface and reesiablishment of describedi in subsection B ofs 10.1-1163 ofthe Code of Virginia; posts or poles; thereto; 30 daysafcommencing the land-disturbing activily; and land- disturbing activily. quality lechnical criteria, unless otherwise required by federal law: property to an agricultural o1 open land use; 19 existing associated ditches and shoulders shall be deemed routine mainlenance if 3. Discharges from a land-disturbing activily 10 a sanitary sewer or a combined, sewer Section 4.1. STORMWATER POLLUTION PREVENTION PLAN; CONTENTS OF A. A stormwater pollution prevention plan shall include, but not be limited 10, an approved erosion and sediment control plan, an approved stormwaler management plan, a pollution prevention plan for regulated land-disturbing activities, and a description ofany additional control measures necessary to address a TMDL pursuant B. A soil erosion control and stormwater management (ESM) plan consistent with the requirements ofthe Virginia Erosion and Stormwater Management Act (VESMA) and regulations must be designed and implemented during construction activities. Prior to land disturbance, this plan must be approved by the County of Greensville in accordance with the VESMA, this ordinance, and attendant regulations. C.A pollution prevention plan that identifies potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from the construction sile and describe control. measures that will be used to minimize pollutants in stormvater discharges from the construction site must be developed before land D. In addition 10 the requirements of subsections A through C ofthis section, ifaspecific wasteload allocation for ap pollutant has been establishedin an approved TMDL and is assigned l0 stormwater discharges from a construction activily, additional control measures must be identified and implemented by the operator SO thal discharges are consisten! with the assumptions and requirements oft the wasteload allocation. E. The stormwater pollution prevention plan must address the following requirements as specifiedin 40CFR 450.21, to the extent otherwise required by state lav o1 regulations 1. Control stormwater volume. and velocity within the. site to minimize soil erosion; 2. Control stormwater discharges, including both peak flow rates and total stormater volume, t0 minimize erosion at outleis and to minimize downstream channel and performedin accordance with this subsection; and system. PLANS. 9VAC25-875-500) losubsection D ofthis section. disturbance commences. and any applicable requrements ofa state permit: stream bank erosion; 3. Minimize the amount ofsoil exposed during construction activity; 4. Minimize the disturbance ofsteep slopes; 20 5. Minimize sediment discharges from the site. The design, installation and maintenance of erosion and sediment controls must address factors such as the amount, frequency, intensily and duration of precipilation, the nature ofresulling stormwater runoff, andsoil characieristics, including the range ofsoil particle sizes 6. Provide and maintain natural buffers around. surface waters, direct stormwater to vegetated areas to increase sedimen! removal and maximize stormyater infiltration, expected lo be presen! on the. site; uless infeasible; 7. Minimize. soil compaction and, unless infeasible, preserve lopsoil; 8. Stabilization of disturbed areas must, at a minimum, be initiated immediately whenever any clearing, grading, excavating, or other earth disturbing activities have permamently ceased on any, portion of the site, o1 temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days. Stabilization must be completed within a period oftime delermined by the VESMP authority. In arid, semiarid, and drought-stricken areas where initiating vegetative stabilization meastres immediately is infeasible, alternative stabilization measures 9. Utilize outlet structures that withdras water". from the surface, unless infeasible, F. The SWPPP shall be amended whenever there is a change in design, construction, operation, or maintenance that has a significant effect on the discharge ofpollutants lo state waters and that has not been previously addressed in the SWPPP. The SWPPP must be maintained at a central location onsite. Ifan onsite location is unavailable, notice of the SWPPP's location must be posted near the main entrance at the must be employed as specified by the VESMP authorily; and when discharging, from basins and impoundments. construction. site. Section 4.2. STORMWATER MANAGEMENT PLAN: CONTENTS OF PLAN. (9VAC25- A. A stormater management plan shall be developed and submitted to the County. The stormwater management plan shall be implemented as approved 07 modified by the I. A stormwater management plan for a land-disturbing activily shall apply the stormwater management technical criteria set forth in this ordinance and. Article 4 (9VAC25-875-670 et seq) of Part Vofthe Regulation to the entire land-disturbing activity. Individual lots in new residential, commercial, 01 industrial developments, including those developed under subsequent owners, shall not be considered 2. A stormwater management plan shall consider all sources of surface runoff and all 875-510) County and shall be developed in accordance with thej following: separate land-disturbing activities. 21 sources ofsubsurface and groumdvaterfows. converted. to surface runoff B. A complete stormwater. management, plan shall include the following elements: 1.1 Information on the type of and location of stormwater discharges, information on the features to which stormater is being discharged including surface waters o1 karst features if present, and predevelopment and posl-development drainage 2. Contact information including the name, address, telephone number; and email address of the owner and the lax: reference number and parcel mmber of the 3. A narrative that includes a description of curent site conditions and final site conditions or if allowed by the VESMP authority, the information provided and documented during the review process that addresses the current and final site 4. A general description of the proposed stormwater management facilities and the mechanism through which the facilities will be operated and maintained afier 5. Information on the proposed stormwater management facilities, including (i) detailed narrative on the conversion to a long-term stormwater management facility if the facility was used as a lemporary ESC measure; (i) the lype of facilities; (ii) location, including geographic coordinates; (iv) acres treated; and (v) the surface waters or karst features inio which the facility will discharge; 6. Hydrologic and hydraulic computations; dimgrafclanatcites 7. Documentation and calculations verifying compliance with the water quality and areas; property or properties affected; conditions; construction is complete; quantilyrequremenlis ofihese regulations; 8. A map ofthes site that depicis the lopography of the site and includes: Allcontributing drainage areas; ii. Existing streams, ponds, culverts, ditches, wetlands, other" water" bodies, and iii. Soil bpes, geologic. formations ifkarslfeatures are present in the ared, forest iv. Current land use including existing structures, roads, and locations of known floodplains; cover, and other vegetative areas; utilities and easements; 22 V. Sufficient information on adjoining parcels to assess the impacts ofstormvater vi. The limits ofclearing and grading, and the proposed drainage patterns on the vii. Proposed buildings, roads, parking areas, utililies, and stormyater viii. Proposed land use with tabulation of the percentage of surface area to be adapted to various uses, including planned locations of utilities, roads, and from the. site on these parcels; site; management, facilities; and easements; 9. Ifan operator intends t0 meet the requirements established in 9VAC25-875-580 or 9VAC25-875-600 through the use ofoffsite compliance options, where applicable, then a letter ofavailabilivy,from the off-site provider must be included; and 10.1 the Counly requires payment of a fee with the stormvater management plan submission, the fee, and the requiredjeeform in accordance with Section 5-80 ofthis ordinance must have been. submitted. C.A All final plan elements, specifications, or calculations of the siormwater management plans whose preparation requires a license under Chapter 4 (S. 54.1-400 et seq.) or 22 ($54.1-2200 ets seq.)ofTille 54.10 ofthe Code ofVirginia shall be approprialelysigned and sealed by a professional who is licensed to engage in practice in the Commonvealth of Virginia. Nothing in this subsection shall authorize any person to engage inj practice outside his areaofproessiond competence. Section 4.3. POLLUTION. PREVENTION PLAN; CONTENTS OF PLANS. (9VAC25-875- A. A plan for implementing pollution prevention measures during construction activities shall be developed, implemented, and updaled, as necessary. The pollution prevention plan shall detail the design, installation, implementation, and. mainlenance ofeffèctive pollution prevention measures as specified in 40 CFR 450.21(d) to minimize the discharge of pollutants. AL a minimum, such meastres must be designed, installed, 1. Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash water, and other" wash waters. Wash waters must be treated in a sediment basin or alternative control that provides equivalent o1 beller trealment prior to 2. Minimize the exposure of building materials, building products, construction wastes, trash, landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other materials present on the site lo precipilation and 10 520) implemented, and maintained to: discharge; 23 stormwater; and 3. Minimize the discharge ofpollulants from spills and leaks and implement chemical B. The pollution prevention plan shall include effective best management practices to prohibit the following discharges in accordance with 40 CFR 450.21(e): 1. Waslewaterfrom washout ofconcrele, unless managed by an appropriate control; 2. Wastewater from washout and cleanout of stucco, paint, form release oils, curing 3. Fuels, oils, 07 other pollutants used in vehicle and equipment operation and spill and leak prevention and response procedures. compounds, and other consfruction materials; maintenance; and 4. Soaps 01 solvents used in vehicle and equipment pashing. C. Discharges from dewatering activifies, including discharges from dewatering of trenches and excavations, are prohibited unless managed by appropriate controls in accordance with 40 CFR 450.21(c). Section 4.4. EROSION AND SEDIMENT CONTROL PLAN; CONTENTS OF PLANS A. An erosion and. sediment control plan, which is a component of the ESM plan, shall be filed for a development and the buildings constructed within, regardless of the phasing ofconstruction. The erosion and sedimen! control plan shall contain all major conservation decisions 10 ensure thal the entire unit oH umils of land will be sO trealed t0 achieve the conservation objectives in 9VAC25-875-560. The erosion and sedimen! control plan may 9VAC25-875-550) include: I. Appropriate maps; 2. An appropriate soil and water plan inventory and management information with neededinterpretations; and 3. Arecordodecisions: contributing to conservation treatment. B. The person responsible for carrying out the plan shall provide the name of an individual holding a certificate who will be in charge of and responsible for carrying out the land- disturbing activilty to the Counly. Note: The VESMP authorily may waive the Responsible Land Disturber certificate requirement for an agreemen! in lieu ofa plan in accordance with, $62.1-44.15:34 or $62.1-44.15:55 ofthe Code of Virginia. C. Jfi individual lots 01 sections in a residential development are being developed by different property owners, all land-disturbing activities related to the building 24 construction shall be covered by an erosion and sediment control plan o1 an D. Land-dislurbing activity of less than 10,000 square feel on individual lois in a residential development shall not be considered exempt from the provisions of the VESMA if the lolal land-disturbing aclivily in the development is equal to o1" greater "Agreement in Lieu ofaPlan"signed by the property owner. than 10,000squarejee. Section 5.1. TECINICALCRIERAA FOR REGULATEDAND DISTURBING ACTIVITIES A. To prolect the quality and quantity of state water from the polential harm of unmanaged stormwater" runoff resulling from land-disturbing activities, the Counly hereby adopts the lechnical criteria forregulated land-disturbing activilies set forth in Part Vof 9VAC25-875 expressly 10 include 9VAC25-875-580 [water quality design criteria requirements); 9VAC25-875-590 water quality compliance); 9VAC25- 875- 600 [water quantity); 9VAC25-875-610 loffsite compliance options); 9VAC 25-875-620 [design storms and hydrologic methods); 9 VAC 25-875 -630 stormater harvesting); 9 VAC25-875-640 [linear development project); and, 9VAC25-875- 650 [stormwater management impoundment structures or facilities), which shall apply to all land-disturbing activities regulated pursuant to this ordinance, except as expressly. set forth in Subsection B ofthis Section. B. Anyl land-disturbing activily shall be considered grandfathered and shall be subject to Article 4 (9VAC25-875-670: et seq) of Part Vofthe Regulation, / provided: I. A proffered 01 conditional zoning plan, zoning with a plan of development, preliminary or final subdivision plat, preliminary o1 final site plan, o1 any document determined by the County to be equivalent thereto () was approved by the County prior lo. July 1, 2012, (ii), provided a layout as defined in 9VAC25-875- 670, (iii) will comply with the technical criteria of Article 4 of Part Vof 9VAC25- 875, and (iv). has nol beens subsequently modified or amended. in a manner resulting in an increase in the amount of phosphorus leaving each point of discharge, and such that there is no increase in the volume or rate ofrunoff 2. Apermit has nol been issued prior t0. July 1, 2014; and 3.Landdisturbance didi not commence prior loJuly. 1,2 2014. C. Locality, state, and federal projects shall be considered grandfathered by the County and shall be subject t0 the lechnical criteria of Article 4 of Part Vof9VAC25- 875 1. There has been an obligation of localily, state, or federal funding, in whole or in part, prior to July 1, 2012, or the department has approved a stormwater provided: management plan prior 10. July 1, 2012. 25 2. A permit has not been issued, prior 10. July 1, 2014; and 3. Landdisturbance didi not commence, prior to. July1,2014. D. Land disturbing activities grandfathered under subsections A and B ofthis section shall remain subject lo the technical criteria of Article 4 of Part Vof 9VAC25-875f0r one additional permit cycle. Afler such time, portions ofthe project not under construction shall become subject t0 any new lechnical criteria adopled by the board. E. Inc cases where governmental bonding or public debt fnancing has been issued for a project prior to July 1, 2012, such project shall be subject to the fechnical crileria of F. Nothing in this section shall preclude an operator. from constructing to a more, stringent Section 5.2. LONG-TERM MAINTENANCE OF PERMANENT STORMWATER A. The operator shall submil a construction record drawing. for permanent stormater management, facilities to the Counly in accordance with 9VAC25-875-535. The record draving shall contain a statement signed by a professional registered in the Commomveal!h of Virginia pursuant to Chapter 4 ofTitle 54.1 ofthe Code of Virginia, staling that to the bes! of their knowledge, the construction record drawwing shows all adjustments andi revisions to the Stormwater Management Plan made during construction and serve as a permanent record of the actual location ofall constructed B. The County shall require the provision of long-term responsibility for; and maintenance of stormwater management facilities and other techniques specified t0 manage the quality and quantity of rnoff Such requirements shall be set forth in an instrument recorded in the local land records prior l0, general permit termination or 1. Be submilted to the Counly. for reviewp and approval prior fo the approval of the Article 4 ofPart Vof9VAC25-875. standard. at his discretion. FACILITIES elemenis. earlier as required by the County and shall at a minimum: stormvater management plan. 2. Bestaledi toi run with the land. and regulatory inspections. 3. Provide. for all necessary access 10 the property for purposes of mainlenance 4. Provide for inspections and maintenance and the submission of inspection and maintenance reports l0 the Coumly; and 5. Be enforceable byallappropriale, governmental. parties. 26 C. Al the discretion of the County, such recorded instruments need not be required. for stormater management, facilities designed to frea! stormwater runoff primarily from an individual residential lol on which they are located, provided it is demonstrated 10 the satisfaction ofthe Counly thal fiulure maintenance for those facilities will be addressed through an enforceable mechanism at the discretion ofthe County. D. Ifa recorded instrumen! is not required pursuant to Subsection C., the County shall develop a strategy for addressing maintenance of stormwater management facilities designed 10 treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, 01 other method targeted at promoting the long-lerm maintenance ofs such facilities. Such, facilities shall not be subject to the requirement for an inspection to be conducled by the Counly 01 its dulyauthorized agent. Section SMONITORINGAND, INSPECTIONS A. The County. shall inspect the and-disturbing activity during construction) for: 1. Compliance with the approved. Erosion and, Sediment control. Plan; 2. Compliance with the approved, Stormwater. Management Plan; 3. Development, updating, andi implementation ofal Pollution Prevention Plan; 4. Development and implementation of any additional control measures necessary to B. The County shall conduct periodic inspections on all projects during construction. The 1. Provide for an inspection during or immediately. following initial installation of erosion and sediment controls, al least once in every lwo-week period, within 48 hours following any runoff producing storm event, and at the completion of the 2. Establish an allernative inspection program which ensures compliance with the approved erosion and sediment control plan. Any alternative inspection program address a TMDL. County. shall either: projectprior to the release ofanyp performance bonds; or shall be: Approved by the department prior to implementation. ii. Established in writing. ii. Based on a system of priorities that, at a minimum, address the amount of disturbedproject ared, site conditions and. slage ofconstruction; and iv, Documented by inspection records. 27 C. The Counly shall establish an inspection program that ensures that permanent stormvater management, facilities are being adequately maintained as designed afier completion ofland-dislurbing activilies. Inspection programs shall: 1. Bec approved bythe department. 2. Ensure that each. stormwater management, facilily is inspected by the County, or its designee, not 10 include the owner, except as provided in subsections D. and E of this section, at leas! once every.five years; and 3. Be documented byrecords. D. The Counly may utilize the inspection reports of the owner of a stormater management, facilily as part of an inspection program established in subsection B of this section if the inspection is conducted by a person who is licensed as a professional engineer; architect, landscape architect, 01 land. surveyor pursuant to. Article 1($54.1- 400 et seq.) of Chapter 4 of Title 54.1; a person who works under the direction and oversight ofthe licensed professional engineer; archilect, landscape architect, or land surveyor; or a person who holds an appropriate certificate of compelence from the E. Ifa recorded instrumen! is not required pursuant to 9VAC25-873-130, The County shall develop a strategy for addressing maintenance of stormvater management facilities designed 10 treat stormwater runoff primarily. from an individual residential lot on which they are located. Such a strategy may include periodic inspections; homeowner outreach and education, or other method targeted at promoting the long- term mainlenance of such facilities. Such facilities shall not be subject t0 the department. requirement for an inspection to be conducted. by the Counly. Section 5.4. HEARINGS A. Any permit applicant or permillee, o1 person subject to the requirements of this ordinance, aggrieved by any action ofthe Counly laken without aj formal hearing, or by inaction of the Counly, may demand in writing a. formal hearing by the Board of Supervisors causing such grievance, provided a petition requesting such hearing is filed with the Director" of Planning within 30 days afier notice of such action is given B. The hearings held under this Section shall be conducted by the Board of Supervisors at a regular or special meeting of the Board of Supervisors. Any applicant who seeks an appeal hearing before the Board of Supervisors shall be heard al the next regularly scheduled Board of Supervisors meeting provided that the Board of Supervisors and other involved parties have at least thirly (30) days' prior notice. In reviewing the agent's actions, the Board of Supervisors shall consider evidence and opinions presented by the aggrieved applicant and agent. Afler considering the evidence and opinions, the Board of Supervisors may affirm, reverse, o1 modify the action. The bythe Adminisiraton: 28 Board of Supervisors' decision shall be final, subject only lo review, pursuant lo. Section C. The Board of Supervisors or its designated member, as the case may be, shall have power fo issue subpoenas and. subpoenas duces lecum, and at the request of any. party shall issue such. subpoenas. The failure ofa witness without legal excuse lo appear o1 to1 testify o1 10 produce documents shall be acted upon by the local governing body, or its designated member, whose action may include the procurement of an order of enforcement from the circuit court. Witnesses who are subpoenaed shall receive the 5.5 below. same fees and reimbursement) for mileage as in civil actions. Section 5.5.APPEALS Any permit applicant 07 permittee, O1 person subject to the requirements of this ordinance, aggrieved by any action of the Counly is entitled toj judicial review thereof by the Circuit Court of Greensville County, provided that an appeal is filed within thirly (30) days from the date of the decision being appealed. Section 5.6. RIGHTOF ENTRY A. The Counly o7 any duly authorized agent thereof may, at reasonable times and under reasonable circumslances, enter any establishment or upon any property, public o1 private, for the purpose of obtaining information or conducting surveys or" investigations necessary in the enforcement ofthe provisions ofthis ordinance. B. In accordance with a performance bond with surely, cash escrow, letter" ofo credit, any combination thereof, or such other" legal arrangement, the County may also enter any establishment 01 upon any property, public or private, for the purpose of iniliating 01 maintaining appropriate actions that are required by conditions imposed by the County of Greensville on a land-disturbing activily when an owner, qfier proper" notice, has failed 10 lake acceptable action within the time specified. Section 5.7. ENFORCEMENT A. Ifthe Director ofPlaming determines that there is a failure to comply with the permil conditions o1 determines there is an unauthorized discharge, notice shall be served upon the permittee or person responsible for carrying out the permit conditions by any ofthe following: verbal warnings and inspection reports, notices ofcorrective action, consent special orders, and notices to comply. Written notices shall be served by registered 01 certified mail to the address specified in the permil application or by delivery at the sile of the development activities to the agent o1 employee supervising 1. The notice shall specify the measures needed 10 comply with the permit conditions and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, a stop work order may be issued in such activities. 29 accordance with Subsection 2 or the permit may be revoked by the Adminisirator. 2. Ifay permittee fails 10 comply with a notice issued in accordance with this Section within the lime specified, the Director ofl Planning may issue an order requiring the owner, permitlee, person responsible for carrying out an approved plan, o1 the person conducting the land-dislurbing activities withoul an approved plan or required permit 10 cease all land-disturbing activities until the violation of the permil has ceased, or an approved plan and required permits are obtained, and Such orders shall be issued in accordance with [refer l0 local procedures). Such orders shall become effective upon service to the person by certified mail, relurn receipt requested, sent to his address. specified in the landi records ofthe locality, 07 by personal delivery by an agent of the Administrator: However; ifthe Director of Plamning, finds that any such violation is grossly affecting or presents an imminent and substantial danger of causing harmfiul erosion oflands o1 sediment deposition in waters within the watersheds of the Commonyealth 01 otherwise substantially impacting water" quality, it may issue, without advance notice o1 hearing, an emergency order directing such person to cease immediately all land- disturbing activities on the sile and shall provide an opportunily for a hearing, after reasonable notice as to the time and place thereof, to such person, to affirm, modify, amend, ol cancel such emergency order. Ifai person who has been issued an order is not complying with the terms thereof the Director of Planning may institute a proceeding for an injunction, mandamus, o1 other appropriate remedy in pecfledcorrective measures have been completed. accordance with. Subsection 5.7.C. B. Inc addition lo any other remedy, provided by this Ordinance, ifthe Director ofPlanning or his designee delermines that there is a failure lo comply with the provisions ofthis Ordinance, they may initiate such informal and/or formal administrative enforcement procedures in a manner that is consisten! with [reference local public C.A Any person violating Or failing, neglecting, or refusing 10 obey any rule, regulation, ordinance, order, approved standard or specification, o1 any, permit condition issued by the Director of Planning may be compelled: in a proceeding instituled in the General District Court of Greensville County by the County to obey same and to comply D. Any person violating or failing, neglecting, or refising to obey any rule, regulation, ordinance, order; approved standard or specification, 01 any permit condition issued by the Director ofplamning may be compelled in aj proceeding instituted in the General District Court of Greensville County by County 10 obey, same and to comply therewith 1. Violations for which a penally may be imposed under this Subsection shall include aclities'enginering manual and/or. specificp policy). therewith by injunction, mandamus o1 other appropriate remedy. by injumction, mandamus or other appropriate remedy. but not be limited lo the following: 30 . No: state permil registration. ii. Nos SWPPP. ii. Incomplete SWPPP. iv. SWPPPnot available for review. V. Noapproved erosion and. sediment control, plan. vi. Failure to. install stormwater BMPS or erosion and. sediment controls. vii. Stormwater BMPs o1 erosion and sediment controls improperly installed or maintained. vii. Operational deficiencies. ix. Failure to conduct required inspections. X. Incomplete, improper; or missed inspections; and xi. Discharges not in compliance with the requirements of 9VAC25-880-70. 2. The Director of Planning may issue a, summons. for collection ofthe civil penally and 3. In imposing a civil penally pursuant to. this Subsection, the court may consider the degree ofharm caused by the violation and also the economic benefit to the violator 4. Any civil penallies assessed by a court as a result of a summons issued by the County shall be paid into the treasury of the County to be used for the purpose of minimizing, preventing, managing, 01 miligating pollution of the waters of the localily and abating environmental pollution therein in such manner as the court the action may be prosecuted. in the appropriate court. from noncompliance. may, by order, direct. E. Nohvithstanding any other" civil or equitable remedy provided by this ordinance o1 by lav, any person who willfully or negligently violates any. provision of this ordinance, any order" of the Admimistrator; any condition ofap permit, or any order ofa court shall, be guilly of a misdemeanor punishable by confinement in jail for not more than 12 months or aj fine of not less than $2,500 nor more than $32,500, or both. Section 5.8. FEES Fees to cover costs associated wilh implementation of a VESMP related to land disturbing activities and issuance of general permit coverage and VESMP authorily permits shall be imposed in accordance with Table 1. INOTE: Such fee atfributes include the costs 31 associated with plan review, VESMP registration statement review, permit issuance, state- coverage verification, inspections, reporting, and compliance activities associated with land-disturbing activities as well as state program oversight costs.] When a site or sites has been purchased for development within a previously, permitled common plan ofdevelopment or sale, the applicant shall be subject t0. fees ("total fee to be paid by applicant" column) in accordance with the disturbed acreage oftheir site or sites according 10 Table 1. Table 1: Fees forp permit issuance Total fee to be paid by (includes VESMP authority. where Department applicant portion of. "total both fee. to be paid by applicant" (based. and. on 28% of total Fee type department portions fee paid*) Erosion and Sediment Control Land Disturbing Permit Fee (not subject to SMP General Permit coverage; sites with a land-dislurbance equal t0 or $50. base fee plus sO greater than 10,000 square. feet) 81 per acre disturbed. Generalslormvater Management- Small Construction.A Activity/Land Clearing (Areas within $290 common plans of development O1" sale with land disturbance acreage less than 1 acre.) General/slormyater Management Small Construction Activity/Land Clearing (Sites o1 areas within common plans ofdevelopment or sale with $2,700 land disturbance acreage equal to 01 greater than lacre and less than. 5 Acres) General/Slormyater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of development 01 sale with $3,400 land disturbance acreage equal lo or greater than. 5 acres and less than 10 acres) General/Slormvater Management - Large Construction Activily/Land Clearing [Sites or areas within common plans of development or sale wilh $4,500 land disturbance acreage equal to 07. greater than 10acres and less than 50 acres) General/Slormyder Management - Large Construction Activity/Land Clearing (Siles 07 areas within common plans ofdevelopment 01" sale with $6,100 land disturbance acreage equal to or. greatler than 50 acres and less than 100 acres) $81 $756 $952 $1,260 $1,708 32 General/Slormvater Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with $9,600 land disturbance acreage equal to or greater than $2,688 100acres) *IFthe project is completely administered by the department, such as maybe the case for a state or federal project o1 projectis covered by individual permits, the entire applicant fee A. Fees for the modification or transfer ofregistration statements from the general permit issued by the department shall be imposed in accordance wilh Table 2. Ifthe general permit modifications result in changes to stormwaler management plans that require additional review by the Comy@Oreersvile, such reviews shall be subject to the fees. set out in Table 2. Thej fee assessed. shall be based on the lolal disturbed acreage ofthe sife. In addition lo the general permit modification fee, modifications resulting in an increase in total disturbed acreage shall pay the difference in the inilial permit fee paid and the permil fee that would. have appliedj for the total disturbed acreage in Table 1. Table 2: Fees for the modification or transfer of registration statements for the General shall be paid toi the department. Permit, for Discharges of Stormyaterfrom Construction, Activities General/slormyater Management - Small Construction. Activity/Land Clearing (Areas within common plans ofdevelopment o1 sale with land $20 General/Slormvater Management - Small Construction. Activity/Land Clearing (Sites 01 areas within common plans ofdevelopment or sale $200 with land disturbance acreage equal t0 or greater than 1 and less than General Stormwater Management - Large Construction Activity/Land Clearing (Sites 01 areas within common, plans ofdevelopment o1 sale $250 with land disturbance acreage equal to o1" greater than 5 acres and General/Slormvater Management - Large Construction Activity/Land Clearing (Sites or areas within common, plans ofdevelopment OT sale $300 with land disturbance acreage equal to o1 greater than 10 acres and GeneralSlormyater Management - Large Construction Activity/Land Clearing (Sites 01 aeas within common plans of development 01 sale $450 with land disturbance acreage equal to o1 grealer than 50 acres and General/Slormualer Management - Large Construction Activity/Land Clearing (Sites 01 areas within common plans ofdevelopment 01 sale 8700 with land disturbance acreage equal to or greater than 100acres) Type of Permit FeeA Amount disturbance acreage less than 1 acre) Sacres) less than 10 acres) less than. 50 acres) less than 100acres) B. Thej following annual permit maintenance shall be imposed in accordance with Table 3, including, fees imposed on expired permits that have been adminisiratively continued. 33 With respect to the general permil, these fees shall apply until the permil coverage is terminated. NOTE: Fees specified in this. Subsection go to the Counfy. Table. 3: Permit Maintenance Fees Typec ofPermit Chesapeake Feeh Amount Chesapeake Bay. Preservation Act Land-Disturbing Activity (not subject to General Permil coverage; sifes within designated areas of $50 Bay Act localities with land-dislurbance acreage equal 10 or greater" General/Slormvater Management Small Construction Activity/Land Clearing (Areas within common plans ofdevelopment or sale with land 850 General/Slormyaler Management - Small Construction Activity/Land Clearing (Sites o1 areas within common plans of development 01 sale $400 with land disturbance equal to or greater than 1 acre and less than General/Slormvater Management Large Construction Activity/Land Clearing (Sites 01 areas within common plans of development or sale $500 with land disturbance acreage equal to or greater" than. 5 acres and less General/Slormydler Management - Large Construction Activity/Land Clearing (Sites or areas within common plans of development 07 sale $650 with land disturbance acreage equal to or greater than 10 acres and General/Slormyater Management - Large Construction Activily/Land Clearing (Sites or areas within common plans of development ol sale $900 with land disturbance acreage equal 10 07 greater than 50 acres and General/Slormyaler Management - Large Construction Activity/Land Clearing (Sites 01 areas within common plans of development o1 sale $1,400 with land disturbance acreage equal to or greater 100acres) than 2,500 square feet and less than lacre) disturbance acreage less than I acre) Sacres) than 10 acres) less than 50 acres) less than 100acres) General permil coverage maintenance fees shall be paid annually 10 the County of Greensville, by the anniversary date of general permit coverage. No permit will be reissued o1 automatically continued withoul payment of the required fee. General permil coverage maintenance fees shall be applied umtil a Notice of Termination is effective. Thej fees set) forth in Subsections A through Cofthis. section, shall apply to: 1. All! persons seeking coverage under" the general permit. 2. All permillees who request modifications 10 01 transfers of their existing registration. statement, for coverage under a general permil. 34 3, Persons whose coverage under the general permit has been revoked shall apply lo the department for an Individual Permit for Discharges of Stormwater" from Construction. Activities. each, general permit holder. D. Permit and permit coverage maintenance. fees oullined under" Section 5.8 may apply 10 E. Nog general permil application, fees will be assessed to: 1. Permittees who request minor modifications lo, general permits as defined in Section 1.2 ofihis ordinance. Permit modifications at the request of the permittee resulling in changes to stormwater management plans that require additional review by the Director ofl Planning shall not be exempt, pursuant to this Section. 2. Permittees whose general permits are modified or amended at the initiative of the department, excluding errors in the registration statement identified by the Director ofPlamning or errors related to the acreage ofihe site. F. All incomplete payments will be deemed as non-payment, and the applicant shall be notified of any incomplete payments. Interest may be charged, for late payments at the underpayment rate. set forth in $58.1-15 ofthe Code of Virginia and is calculated on a monthly basis at the applicable periodicrate.. A 10%late payment) fees shall be chargedto any delinquent (over 90 days past due) account. The Counly of Greensville shall be entitled to all remedies available under the Code of Virginia in collecting any past due amount. Section 5.9. Performance Bond ACSA.60-104Dmd Code $603.80A)1 A. Prior to issuance ofany permit, the applicant shall be required 1o submit a reasonable performance bond with surely, cash escrow, letter of credit, any combination thereof, 01 such other legal arrangement acceptable t0 the Counly Attorney, 10 ensure that measures could be laken by the County at the applicant's expense should he fail, afler proper notice, within the time specifiedi t0 initiate o1 maintain appropriate actions which may be required of him by the permit conditions as a result of his land disturbing activily. Ifthe County takes such action upon suchfailure by the applicant, the Counly may collect from the applican! for the difference should the amount of the reasonable cost ofsuch action exceed. the amount of the securily held, ifany. Within 60 days of the completion of the requirements of the permit conditions, such bond, cash escrow, letter of credit 07 other legal arrangement, or the unexpended o1 unobligated portion thereof, shall be refunded to the applicant 01 terminated. 35 ADOPTED this 3rd day ofJune, 2024. SUPERVISORS Belinda Astrop James Brown William Cain Tony Conwell YEA NAY ABSENT ABSTAIN The undersigned hereby certifies that the foregoing is an accurate account oft the vote taken at a duly convened meeting of the Greensville County Board of Supervisors on June 3, 2024, at which meeting a quorum was present at the time the meeting was convened and at the time said vote was taken. Dr. Charlette T. Woolridge, Clerk 36 ATTACHMENTI COUNTY OF GREENSVILLE BUILDING AND PLANNING DEPARTMENT TO: FROM: RE: DATE: The Honorable Board of Supervisors Linwood E. Pope, Jr., Director ofPlanning Planning Commission Report- - ZTA-2-2024 Technology Overlay Districts May 22, 2024 Virginia hosts the largest data center market in the world and is home to 35% (almost 150) of all known data centers worldwide. Data centers prefer to locate in Virginia due to the available fiber backbone, as well as an economical cost environment due to competitive tax rates, affordable and Virginia offers an exemption from retail sales and use tax for qualifying computer equipment purchased by data centers that meet statutory investment and employment requirements. Virginia was the first state to allow the tenants of colocation data centers to receive the benefit of the sales tax exemption. In addition, local business property tax rates on computer and related equipment Greensville County, like other counties in Southside Virginia, will see a tremendous benefit from data center development due to the creation ofj jobs, significant revenues, and comparatively low impacts on existing facilities. Revenues received from data center development will allow the County to make much needed improvements to our core public services such as schools, public safety, and infrastructure, without significantly increasing the number of people needing those Inj preparation for potential data center development in Greensville County iti is important to adopt regulations that will mitigate any possible nuisances to surrounding properties. The Commission recommends the adoption of a Technology Overlay District (TOD) (Attachment A). The regulations of overlay districts are intended to supplement and modify the regulations of the primary districts in order to achieve the special purposes of this proposed TOD Article. Accordingly, all regulations applicable to primary zoning districts by other provisions of this Ordinance shall control the use ofland, density, and site development within the Overlay District Staffhas identified two areas in Greensville County that have the infrastructure inj place to: support data center development. The first area consists ofthe MaMAC site and adjacent properties located along Otterdam Road. The second area consists of properties located adjacent to State Route 58 West, locally known as the Chambliss/Chaplin properties. These properties have been identified on the accompanying Technology Overlay District Map (Attachment B) as ideal sites for data The proposed Technology Overlay District will be the most restrictive development standards in the County and includes several areas in the County which have sizeable acreage, proximity tol kV lines and adequate road networks for technology businesses. By right uses are tightly controlled abundant electricity, and a competitive construction market. for data centers have been reduced by several localities.. services. except as specifically modified by this proposed TOD Article. center development. with significant buffering, noise limitations and other requirements to ensure we protect the rural Noise has been a primary concern at data sites. The strict development standards oft the TOD will ensure more space between the centers and residential areas. It addresses allowable decibel levels and requires substantial buffer and setbacks to mitigate noise issues. The decibel levels set forth in the TOD will require developers to utilize water cooling technology which is significantly Adequate roads are another concern. Both areas depicted on the TOD Map are served by roads that have been constructed to VDOTindustrial standards and provide direct access to thej proposed sites within the TOD. This will bei important during the construction phase ofa data center project. Once construction is complete, data centers do not produce al large volume oftraffic. The economic impact that data center development has upon Virginia and its localities can be best explained in the attached study performed by Magnum Economics titled, Virginia 2022 Data Center Report. Mangum Economics encompasses more than two decades of experience in the economic analysis of public policy at the state and national levels. The firm has expertise in assessing the economic consequences of proposed regulations and government policies, economic An article written by John Mullin titled, Virginia Data Centers and Economic Development provides us with the economic development impact that data centers bring tol localities as stated in the attached article. Mr. Mullin was an Economics Writer at the Federal Reserve Bank in Richmond and is now currently an Adjunct Professor of Economics at Virginia Commonwealth During the Planning Commission meeting on May 14, 2024, the Commission received this report from Lin Pope, Director of Planning. After discussion, the Planning Commission voted unanimously six to zero to recommend approval ofZTA-2-2024 Technology Overlay Districts. The Planning Commission's recommended changes to the ordinance are noted in red on the character oft the community which we understand is important to our citizens. quitter that the traditional air-cooling technology used in the past. impact assessment, workforce issues and economic development. University. attached ordinance. 2 Article 25 Technology Overlay District 25-1 Purpose and Intent. The Technology Overlay District (TOD) is hereby created for the purpose of promoting the development oftechnology centers in areas ofthe County where existingo or proposed infrastructure could adequately support the proposed uses. By their nature, these uses may require sizable acreage, often operating and designed in a campus like atmosphere, and are developed with a functional separation from dense residential and commercial retail development. The TOD furthers the County's efforts to attract and advance high-tech industrial development while limiting the impacts on the community. The TOD may be designated by thel Board of Supervisors ("BOS") as an overlay of existing zoning districts, regardless ofo classification. 25-2 Establishinga: Technology Overlay District (1) Size and Location: Lands int the TODs shall encompass ai minimum ofonel hundred twenty-five (125) contiguous acres as part ofa a TOD campus. Properties in the TOD shall be located in close proximity to high voltage power transmission lines of115kv or more. Additionally, parcels in the TOD shall be located on lands which can be served by adequate infrastructure, including public water and sewer (or other suitable ground water and septic systems), and a road network with (2)TOD Adoption: The TOD boundaries and any future amendments shall be created by the BOS and amended by ordinance upon adoption by the BOS based on boundaries established by the (3) TOD Overlay/Zoning: The TOD shall overlay the existing zoning district and impose additional restrictions on the use of the property. The regulations and requirements of the underlying zoning district and the TOD shall both apply, provided however, that when the regulations applicable tot the' TOD conflict with the regulations ofa an underlying; zoning district, the TOD regulations shall supersede and apply. If the TOD is silent on a development condition or matter, and the underlying zoning district is not silent on said condition or matter, then the TOD (4) TOD Design Standards: TOD facilities shall meet the following design guidelines: acceptable capacity that can serve the TOD's intended uses expressed. herein. Technology Overlay District map. shall govern. (A) Principal Building Facades: (1) Principal Building facades shall include all building facades substantially visible to adjacent public roads and streets. When a building has more than one principal facade, such principal building facades shall be consistent in terms of design, materials, details, and treatments. Principal building facades associated with new construction within the TOD: shall meet the following standards: (A)Principal building facades shall avoid the use of uniform surfaces by including at least two (2)oft the following design elements: i. change in building height. ii. building step-backs or recesses. iii. fenestration (the arrangement of windows and doors on the iv. change in building material, pattern, texture, color; or building elevations). V. use ofa accent materials. (B) Buildings not visible from adjacent roads or properties duet tol buffering shall not be required to have differentiated design elements. (C) Building Facade Material Requirements. (i.)The following primary and second materials are permitted. and toi include: a tinted textured masonry block, pre-cast concrete, tilt- up concrete panels with brick finish or stone facing, glass, stucco and external insulation finish system that simulates a stucco appearance, tiber-cement siding, metal panel systems, structural metal siding, wood siding and smooth faced concrete blocks. (ii.) Precast concrete must contain other materials embedded within and articulated with design detailing or have application of other building materials to create design interest. (iii) Notwithstanding anything to the contrary herein, the BOS may approve alternative building façades and features, and building facade materials. (B) Screening of Accessory Equipment: (1) To minimize visibility from adjacent public roads and adjacent properties, ground level andi rooftop accessory equipment shall bes screened from public roads and streets abutting residentially zoned or planned properties. This screening may be provided by a principal building or existing vegetation that will remain on or is within a landscaping/buffer easement on an adjacent property. Accessory equipment not screened by a principal building or existing vegetation shall be screened by a visually solid fence, screen wall or panel, parapet wall, or other visually solid screen that shall be constructed of materials compatible with those used in the exterior construction of the principal building. Notwithstanding the requirements of this section, accessory equipment located in a manner found to have no adverse impact on adjacent roads and adjacent properties, as determined (2) Notwithstanding anything to the contrary herein, this Section 4 shall not apply to permitted accessory uses, including without limitation electric substations, by the BOS, shall not be required to bes screened. transmission, and distribution facilities. (C) Landscaping: (1) A minimum of twenty (20) percent open space shall be maintained for each group of contiguous parcels within the TOD, inclusive of undeveloped land wetlands, steep slopes, stormwater areas, or water left in undisturbed, open condition or developed as a landscaped or buffer area for buildings, streets or parking lots, areas used primarily for resource protection or recreational purposes. (2) If created, individual parcels within the TOD are required to submit a landscaping plan with a site plan. (3) Required landscaping is tol be maintained inj perpetuity. (1) All buffers shall bei inclusive ofrequired setbacks. areas, except by waiver approved by the BOS. (D). Perimeter Buffers: (2). All roads and utility rights-of-ways and easements are permitted to cross all TODI buffered areas. Stormwater management features are prohibited int the buffer (3) Buffer yard plantings shall be designed to minimize visual impacts from adjacent public roads and streets and properties. Notwithstanding the requirements oft this section, use of natural topography and preservation of existing vegetation, supplemented by new vegetation, ifneeded, or on the outside ofasix-fool-tallsolid fence, may be substituted for the above requirements when found by the BOS to (4) Buffers shall be shown on the TOD campus buffer and landscape plan and on anyi individual site plans when the bufferarea is part ofani individual lot ori multiple provide minimal visual screening from adjacent land uses. lots for which the site plan was submitted. (5) Minimum Buffering Requirements: (1) Adjacent to Residential and Agricultural District Uses. Minimum buffer area shall be we-humére290-eet three hundred (300) feet. (2). Adjacent to Commercial andl Industrial District Uses. Minimum buffer area shall be ome-haumdred00-eet three hundred (300) feet. (3) Adjacent to Primary Public Roads. Minimum buffer area shall be ene umdrediysO/et. Primary public roads include. Interstate 95, Route (4) Adjacent to Secondary Public Roads. Minimum buffer area shall be ome-humdred00eet three hundred (300) feet. Secondary Public Roads (5)T TOD, Internal Parcel Buffers. Where multiple parcels within the" TOD are included in a development master plan, buffer requirements shall not apply to internal parcel lines. Where internal parcels lines intersect with perimeter parcel lines, the TOD perimeter buffer regulations shall apply. 301, Route 58 and Route 397. are all roads not defined as primary roads. (E) Noise: Specific sound levels int the TOD: shall be governed by thej provisions in Chapter 15 of the Greensville County, Virginia Code of Ordinances. Notwithstanding anything to the contrary in chapter 15, TOD decibel levels shall not exceed the following: Daytime Level: 65dB. Nighttime Level: 60dB. (E) Minimum Lot Sizes: There is no minimum lot size applicable to the TOD. (F) Fencing: (1) Fencing of the property improvements shall be located inside the buffer area. roads shall be deemed tol have ai right-of-way ofa at least 501 feet and setbacks should ber measured accordingly from the edge of the right ofway. (G) Setback Requirements: (1) Adjacent to Primary Public Roads. No buildings shall be permitted closer than ne-undred-fiflye50)-feetthree hundred (300) feet. Primary public roads include (2) Adjacent to Secondary Public Roads. Minimum setback shall be ene hundred00)-feet three hundred (300) feet. Secondary Public Roads are all roads not defined as primary roads. All roads shall be deemed to have a right-of-way of at least 50 feet and setbacks should be measured accordingly from the edge oft the (3) Adjacent to Residential and Agricultural District Uses. No building, parkingoutdoor storage areas for collection of refuse, or loading area shall be permitted closer than we-humdred-209-leet three hundred (300) feet from any residential or planned. residential district, or development zone allowing residential (4) Adjacent to Commercial and Industrial Districts. No buildings, parking, outdoor storage or loading areas shall bej permitted closer than eme-hundred(00) feet three hundred (300) feet from commercial ori industrial use districts. (5) Setbacks Between Buildings. Within the" TOD where individual lots or building sites are provided, the minimum setback between buildings on adjacent lots or building sites shall be twenty-five (25) feet, unless a waiver oft this requirement is approved byt the BOS. Driveways, parking, and covered entrances may be within the aforesaid setback area; however, no such facility may be closer than five (5) feet to any adjoining lot line. Covered walkways connecting buildings, or connecting buildings with parking areas, shall be permitted in such setback areas. (1) Eighty (80) feet from the vertical dimension of a structure as measured from the average elevation of the finished grade at the front line of the building to the highest point ofthe roofofa flat roof, the deck line ofa mansard roof, or the mean height level between eaves and ridge (mid-line of the roof) for a gable, hip, or gambrel roof. This height limitations shall not apply toj parapets, screening, spires, belfries, cupolas, antennas, communication towers, air cooling ventilation equipment, ventilators, or other appurtenances usually required tol be placed on the routes (insert route numbers) and all right-of-way. right-of-way. development, or agricultural land. (H) Building Height: roof level and not intended for human occupancy nor does it apply to any utility infrastructure facility. Blectric transmission, distribution and substation facilities, and towers (water or other) shall be excluded from the maximum height requirements. A special exception permit to exceed the maximum building height regulations provided herein may be granted by thel BOS. (I) Lighting Requirements: (1) Fully shielded lighting fixtures shall be used in all areas. Lighting shall not exceed .50 foot-candles as measured from the property line. Lighting that is exempt from these requirements includes temporary lighting and lightingp provided for emergency or safety purposes as required by: thel Building Code, Electric Code, or otherwise within the County Code. Signage related to the authorized uses shall (2) Parking lot, access and security lighting shall not exceed a height oft thirty (30) (3). Pedestrian and walkway lighting structures shall not exceed al height oft twelve (4) Security Entrance Gates: A minimum illumination of3 foof-candles (30 lux)is not bei illuminated. feet. (12) feet. required to support safe and secure operation oft the gate area. 25-3 Permitted Uses: (1) Thei following uses are permitted by right in the' TOD, subject to thei requirements and limitation provided under this ordinance section: a. Technology College, University, or Technical School b. Conference or training center c. Data centers d. Technology research and development facility e. Technology capital intensive advanced manufacturing facility g. Utility service, minor (2) The following uses are permitted by the issuance ofa Special Use Permit in the TOD, subject tot the requirements and limitation provided under this ordinance section: a. Utility service, major. Utility scale solar energy generating facilities producing two MW or more of electricity which powers uses within the TOD site boundaries. Utility Scale solar facilities constructed to power the uses within the TOD site boundaries must obtain a Special Usel Permit from the Board of Supervisors and must conform to ARTICLE 24: Solar Facilities. 25-4 Accessory Permitted Uses: The following ancillary uses, which support permitted uses expressed above under Section 25-3, are hereby authorized and by right in the TOD. Accessory permitted uses that are deemed utility facilities subject to the provisions oft the Zoning Ordinance, and must be in substantial accord with the relevant provisions of the county comprehensive plan or applicable element thereof. Notwithstanding this provision, facilities that are by-right uses shall be deemed substantially in accord with the comprehensive plan. a. water treatment plant, public or privately owned. b. sewage treatment plant, public or privately owned. C. elevated water storage tank or tower d. elecommunications tower e. district heating or cooling facility f.energy storage facility hi food service facility i.security building k. structured parking I. general office g. energy generating facility other than solar j-8 general storage and maintenance facility m. other Ancillary uses approved by the BOS. GREENSVILLE COUNTY TECHNOLOGY OVERLAY DISTRICT Legend Electrical Transmission Lines 115 KV and 230 KV lines run parallel in same Right-of-Way north of Brunswick Road Substation VOLTAGE 115 230 500 Technology Overlay District Parcels Tax Parcels THE IMPACT OF DATA CENTERS O THE STATE AND LOCAL ECONOMIES OF VIRGINIA March 2022 L 1F nvtc NORTHERN VIRGINIA TECHNOLOGY COUNCIL SPONSORS We would like to acknowledge and thank the following sponsors of this report: Lead Sponsors DIGITAL REALTY CloudHQ Dominion Energy" FAIRFAX COUNTY ECONOMIC DEVELOPMENT AUTHORITY IRON MOUNTAIN" LOUDOUN VIRGINIA ECONOMIC DEVELOPMENT DATA CENTERS PRINCE WILLIAM COUNTY,VIRGINIA DEPARTMENT OF ECONOMIC DEVELOPMENT Microsoft VISA Supporting Sponsors ***** FREDERICKSBURG REGIONALALLANCE UNNERSITYOFM ATTHEL VANTAGE DATA CENTERS MARY WASHINGTON Report Prepared by: MANGUM, economics 0 2022 Northern Virginia Technology Council 2022Virginia Data Center Report About Mangum Economics, LLC Mangum Economics, LLC is a Glen Allen, Virginia based firm that specializes inp producingobyective economic, quantitative, and qualitative analysisin ITandTelecom Infrastructure (data centers, terrestrial and subsea fiber), MANGUM supportofstrategic decisionmaking. Muchofour recent work relates to economics Renewable Energy, and Economic Development. Examples of typical studies include: Policy Analysis other policy initiatives. Identify the intended and, more importantly, unintended conseguencesofproposed legislation and Economic Impact Assessments and Return on Investment Analyses Measure the economic contribution that businesses and other enterprises make to their localities. Workforce Analysis Cluster Analysis Project the demand for, and supply of, qualified workers. Use occupation and industry clusters to illuminate regional workforce and industry strengths and identify connections between the two. The Project Team David Zorn, Ph.D. A. Fletcher Mangum, Ph.D. Founder and CEO Martina Arel, M.B.A. Director, Technology and Special Projects Research Director, Economic Development and Renewable Energy Research Acknowledgments This reportwasmadeposibe inp part byt the unique datas supplied bytheLoudounc County Department ofEconomicl Development (especially, Alex Gonski and Buddy Rizer) and the Prince' William County Department of Economic Development (especially Allisha Abraham, Thomas Flynn, and. Jim Gahres). Fairfax OunytonomcDeeepment Authority (especially Catherine Riley and Stephen Tarditi) also provided important information for the report. 2022 Virginia Data Center Report 1 + nvtc where tech thrives About the Northern Virginia Technology Council Thel Northern Virginia Technology Council MVIOisthetadeas.datin representing the National Capital Regon5stechmdogy.commuty,Asoeaftlentoemslagestecholgy councils, MICemecompanestfomallbectoatuehaluty, from small business and startups to Fortune 100 technology companies, as well as service providers, academic institutions, and nonprofit organizations. Nearly 500 entities make up the NVTC membership and look totheorganization: asar resourelornetwonamgand educational opportunities, peer-to-peer communities, policy advocacy, industry promotion, fostering of strategic relationships, and branding of the region as a major technology center. website: nvtc.org email: nvtc@nvtc.org phone: 703-904-7878 Ify you are interested in joining NVTC, please contact Steve Upton, NVTC Chief Growth Officer at supton@nvic.org. 2022 Virginia Data Center Report 2 TABLE OF CONTENTS Data Centers Drive Investment in Virginia Economic Profile of Data Centers in Virginia The Northern Virginia Data Center Market in 2021. Rapidly Raising' Wages in Virginia Data Centers Executive Summary. 4 9 10 12 14 15 15 16 17 17 18 19 20 21 22 22 23 23 26 27 27 28 30 30 32 32 32 The Regional Distribution of Data Center Investment in Virginia The Impact of Data Centers on Virginia State and Local Economies Virginia Statewide Central and Coastal Virginia Northern Virginia nvestmentHighlght- Community Action Grants Investment Highlight - The Northern Virginia Community College Programs Investment Highlight New Data Center Expansions in Fairfax County Southern Virginia nvestmenthHighlight -S SOVA Innovation Hub. Valley and WesternVirginia Investment Highlight - Project Oasis and Mineral Gap Data Centers' Contribution to State and Local Government Budgets Statewide and Regional Tax Collections Associated with Data Centers Data Centers Contribute to Local Government Budgets Data Centers' High Local Benefit to CostRatio Local Data Centers Reduce the Burden on the State Education Budget Virginia's Data Center Sales and Use Tax Exemption VirginiaTreats Data Centers Like Other Capital-Intensive Industries JLARC's Evaluation of the Data Center Incentive National Context for Virginia Incentives Competition Between States New) York- New. Jersey- Connecticut Illinois- Indiana The Incentive Helps to Attract Some Data Centers that Do Not Qualify for the Incentive 2022 Virginia Data Center Report 3 Executive Summary Datacenters: are the major driversofir investmentinVirginia. According to information from the Virginia Economic Development Partnership (VEDP), in 2021, 62% ($6.8 billion) ofall the new investment announced The investment in data centers in Virginia is also driving investment in businesses in the data center supply chain. Some specific examples ofr new investment in Virginia associated with data centers include: Aggreko establishing its North American data center headquarters in Loudoun County Anord Mardix adding a second manutacturing plant in Henrico County Hanley Energy establishing its U.S. headquarters and manufacturing plant in Ashbur Munters Group investing $36 million in a new manufacturing facility in Botetourt County. 1 The concentration ofdata centers in Virginia spurred the construction of the subsea cable landing in Virginia Beach thats servestheMAREA, BRUSAand Dunant cables. ConfluenceNetworks also plans the construction ofConfluence-1,af festoon cable connectingVirginia Beach to New Jersey, South Carolina and Florida. Virginia now has data centers located throughout the state, from Wise County and Harrisonburg in the Valley andWestemVirginia, to Mecklenburg CountyinSouthern Virginia, to Henrico County and' Virginia Beach in Central and Coastal Virginia, to Loudoun County in Northern Virginia, and other localities. Northem Virginia has the largest data center market int the United States. Asof2021, the data center inventory in Northern Virginia exceeds that oft the next 5 largest markets combined. The compound annual rate of growth in data centers in Northern Virginia from 2014 to 2021 was 25%. In comparison, Dallas-Fort Worth, the next fastest growing area, had compound annual growth rate of 10%. From 2018 to Between 2001 and2020, theaverage privatesectore employee ofa Virginia data center saw their gross income go up70%1 faster thant the average private sectore employeeinVirginia. We estimate that in 2021, data center employed 5,550 Virginians, not counting construction workers building data centers in the state. Approximately 88% 4,920)wereworkingi inNorthernVirginia, whiles six percent (330)workedin: Southern Virginia, five percent (250) worked in Central and Coastal Virginia, and one percent (50) worked in the Valley andWestem Virginia. The accumulated capital investment in data centers across the state amounts to $126 billion in 2021 dollars. Virginia data centers spent $5.4 billion in 2021 for operationalexpenses, the by VEDP was from new and expanding data centers. 2021, the total data center capacity in Northern Virginia more than doubled. majorityofwhich goes for staffing and power. hps/oanke-og/702VntrsePabipinsténllaninbtetourt-ouny 2022Virginia Data Center Report 4 In2 2021, the data centers in Virginia directly provided approximately: 5,550 operational jobs and 10,230 construction and manufacturing jobs $1.6 billion in associated employee pay and benefits $7.5 billion in economic output Taking into account the economic ripple effects generated by that direct impact, the total impact on Virginia from data centers in 2021 was approximately: $3.6 billion in associated employee pay and benefits 45,460 supported jobs $15.3 billion in economic output Fore every. job inside a' Virginia data center, there are 4.1 additional jobs that are supported in the rest ofthe We estimate that in 2021, data centers were directly and indirectly responsible for generating $174 million in Virginia economy. state revenue and $1 billion local tax revenue in Virginia. In2 2020, the local benefit to cost ratios associated with the industry were: generating, it provided approximately $13.20 in tax revenue generating, it provided approximately $13.50 in tax revenue Loudoun County - fore every $1.00 in county expenditures that data centers were responsible for Prince William County for every $1.00 in county expenditures that data centers were responsible for Because of the way that the state of Virginia subsidizes local education budgets, without data centers in Loudoun and Prince William counties, the State ofVirginia would have to reallocate $90.5 million in State education funding away from other Virginia localities to provide $73 million in additional funding to Loudoun County, and $17.5million in additional funding to Prince William County. In 2019, The Joint Legislative Audit and Review Commission (JLARC) published an evaluation of Virginia's 90% ofthe data center investment made by the companies that received the sales and use tax exemption would not have occurred ini the state ofVirginia without the incentive In2 2017, the State took in $1.09 in state tax revenue from data center related activity forevery $1 of potential state tax revenue that was exempted from qualifying data centers In2 2016, the data center incentive was revenue neutral - it generated $1 in additionalstate tax revenue From 2013 through 2017, on average, the State recovered 75 cents in state tax revenue for every one Over 30 states have some type ofi incentive to attract data centers to their states. In the last couple ofyears, Arizona, Connecticut, Idaho, Maryland, North Dakota, Pennsylvania, and Utah have all enacted or expanded data center and manufacturing incentive programs. JLARC found: forevery $1 of potentials state tax revenue thatitexempted dollarofp potential tax revenue exempted from qualifying data centers sales and use taxi incentives targeting data centers for economic development. 2022 Virginia Data Center Report 5 Data Centers Drive Investment in Virginia Data centers are the major drivers ofi investment in Virginia. Investment in the state comes in the form oft the construction and operation of the data centers themselves, plus investments in Virginia made by businesses According toi informationi from the Virginia Economic Development Partnership (VEDP), 2 in2 2021, 62% 56.8blion)ofallofthenewinvestment announced ycDPwasfomnewandegpanangcatacmen, In-2020, data centers accounted for 81% ($7.9 billion) of all oft the new investment that VEDP announced. As explained below, we estimate that the accumulated capital investment of data centers in Virginia amounts The investment inc data centersinVirginiai is also drivinginvestment in businesses in the data center supply chain. Some specific examples of new investment in Virginia associated with data centers include the $361 million investmentby Munters Groupinar newmanuhcturnghacltyn Botetourt County for 200employees. 3/ Muntersisaglobal. mauicturedarteatmens and climate control equipment, including data center cooling systems. A significant portion oft the costofbuilding a data center goes to the equipment needed for cooling. Michael Gantert, the president of Data Centers at Munters, stated that, "A move to the Roanoke region will allow for the expansion that is needed for the Data Centers that supply and support data centers in the state. to $126 billion in 2021 dollars employing 5,550 operationalworkers. business in the U.S."4 Another example of recent data center supply chain investment in Virginia is Hanley Energy establishing its U.S. neadquartersandmanulacturngpant in Ashburn. 5 The Irish company povdesenerg-montonng products and services for data centers. The new plant and headquarters will employ 170 new workers by the end of2022. Additionally, Aggreko established its North American data center headquarters in Loudoun County.Thebritish.companypoucestemperaypowergenerationandenergy storye equipment for data centers. Mike Clemson, the head of Aggreko's North American Data Center Division, stated, "The choicet to establish: napresenceinloudounwasanaturalone: asvirtualyallofour: data center customers are present in the Data Center Alley. The opportunity for us to grow our data center business in Inl Henrico Countyin 2019, AnordMardix, a global powerdistribution and management manufacturer, spent almost a million dollars and added 51 new jobs fora second manufacturing plant. The power switchgear produced in the company's two manufacturing facilities is used in data centers and other critical nfrastructurebisineses: Chairmanorthe-emrico County Board of Supervisors, Tyrone Nelson, said, "Anord Mardixssuccess: supports Henrico's growing data center cluster as they supply critical power Loudoun County is tremendous." infrastructure to data centers and mission-critical facilities across the globe."7 htps//roanoke.or/202/03/5/muntersgtoupablonvetémllon-nbotetourt-county, htps//www.munters.com/enusmeda/news/lobalnews702Y/munterstetsreloatesintheuslo-erpand-dataicenter-business, Dan Swinhoe, "Hanley Energy expands in Virginia, will base US headquarters in Loudoun County,". May 25, 2021. LoudounNow, "Aggreko to Establish Data Center Division Headquarters in Loudoun," July 10, 2021. hmps//www.overmorvighla.ovnewspon/Alretass/09/muar/leadline-s3786/-en.htm htps//announcementsvedp.or/Announcemens/ 2022 Virginia Data Center Report 6 The concentration ofdata centers in Virginia spurred the construction ofthe subsea cable landing in Virginia Beach thatservest thel MAREAcable going to Spain, thel BRUSA cable going to Puerto Rico and Brazil, and Google'sDunant cable going to France. Confluence Networksa also planst thec construction of Confluence-1, at festooncable connectingVirginial Beachto New. Jersey, South Carolina, and Florida. These subsea cables enable veryhigh-speed connections which businesses willi increasingly need forthedeployment of"Industry 4.0" technologies. The Globalinx and Telxius data centers in Virginia Beach offer collocated connections to the MAREA and BRUSA cables. The DP Facilities data center in Wise County takes advantage ofthe MidAtlantic Broadbandcommuntes Corporation fiber connections to the MAREA subsea cable. The data centers in Northem Virginia and the cable landing station in Virginia Beach attracted Facebook to invest ini its large data center in Henrico County, midway between the two locations. Additionally, QTS has connected its large data center and network access point in Henrico County to the subsea cables in Virginia The technology companies that ownand operate data centersh have madecommitments to use renewable energy for their operations. In general, they prefer to have the renewable energy that they purchase generated close to their facilities. That has created a strong demand for investments in renewable energy in Virginia. Dominion Energyisspending: overninel billion dollars to build a windfarm offVirginia Beach which willcreate thousmdiofpbsinampon Roads. Andi the Solar Energy Industries Association reports that 3,444megawatts WW)ofsolargeneration: capacityhas! beeninstalled inVirginia. 8 Using general industry averagesofonemlion. dollars ofinvestment per MW, the data centers in' Virginia have helped to create Virginia's data center tax incentive programs are investments in not only in data centers, but also in the manufacturing, energy, and service businesses that are associated with them. The incentive sends a clear signal to potential investors worldwide that thebusiness climate in' Virginia is friendly to the high-tech Thisreportq quantifiest thes significant contribution that data centers make to the state ofVirginia and its localities, and it puts Virginia' 's data center incentive program into the nationalcontext of the competition to Beach, offering very low latency connections to Europe and Brazil. demand for $3.41 billion ofi investment in solar energy projects in the state. industry. attract data centers. https://www.: sel.or/state-sglarpolarpoligy/viglnlasolar 20221 Virginia Data Center Report 7 Economic Profile of Data Centers in Virginia Virginia now! has data centers located throughout the state, from Wise County and Harrisonburg in the Valley andWestemVirginia, to Mecklenburg County in Southern Virginia, tol Henrico County and' Virginia Beach in CentralandCoastalVighns, tol LoudounCountyinNorthernVirginia, and other localities. Thisreport: shows howdata centersi in every parto oft the state makea an important economiccontribution to employment and taxes inevery regionandi to thestate as a whole. Webeginwith an update on the remarkable data center market in Northern Virginia. The Northern Virginia Data Center Market in 2021 Norther Virginia has the largest data center market in the United States. Aso of2021, by our calculations based on data from CBRE9 and. JLL10, the data center inventory in Northern Virginia exceeds that ofthe next 5 largest markets (Chicago, Dallas-Fort Worth, Silicon Valley, New York/Tri-State Area, and Phoenix) Northern Virginia's place at the top of the data center market is a relatively recent development. In 2016, Northern' Virginia hadj just supplanted thel NewYorkr market ast the largest data center market in the United States. In 2017, the New York/Tri-State area had fallen to become the sixth largest data center market. A 2011 report on the data center market int melntadsuecomsitonyore mention ofVirginia in four pages, "Reston, VA has excess supply and new construction will be minimal for ai few years.' "11 The locations that werehighlighted as important int theindustry were Chicago, SiliconValley, Southern California, Phoenix, New) York, St. Louis, Washington State, Boston, Minneapolis, Denver, and Charlotte. Regarding what has become the second largest data center market, the report says, "Dallas has excess capacity and growth This illustrates thei fluidnature oft the data center market andi thespeedy withy whichmarket tconditions.can changein the industry. Once-hot markets can cool offr rapidly. In2017, the datacenter market in Phoenix had enormous growth, but! betweent the secondhalf of2018 and the first halfof2019, Phoenix saw net outflows of26.5 MW worth oftenants, which is almost the same amount that Northern Virginia added in the sameperiod. 12The computere equipment in data mtlrphsdoaey, threet to five years. Should circumstances warrant it, data center tenants can move from one location to another and leave combined. remains slow." significant vacancies in colocation data centers. 'CBRE, Digital Infrastructure in 2021: The Search for Land, Space, Power and Connectivity, North America Data Center Trends "ESD (Environmental Systems Design, Inc.), 2011 Data Center Technical Market Report. February 2011. "CBRE, Large Supply Pipeline Sets Stage for Market Growth in 2019 North American Data Center Report H1 2019. Report, H1 2021. "JLL, H12 2021 Data Center Outlook. 2022 Virginia Data Center Report 8 Figure 1: Relative Sizes of Largest Data Center Markets (megawatts of power capacity) 2021" Figure 1 shows the 18 largest data center markets in the United States, as identified by CBRE and JLL. The area of each circle indicates the relative amounto of power capacity in eachr market. As large as the data center market in Northem Virginia is, the growth of data centers in Northern Virginia is evenmore: impressive. Weestimate that the compoundamualrate of growth in data centers in Northern Virginia from 2014 to 2021 was 25%. 14 In comparison, Dalas-FortWorth, a fast growing area, had a compound annual growth rate of 10%. 15 From 2018 to 2021, the total data center capacity in Northern Virginia more than doubled. Rapidly Rising Wages in Virginia Data Centers One ofthe key characteristics of data centers is that they are extremely capital intensive. In otherw words, data centers employarelatively small number ofhighly skilled andhighly paid people to operateand maintain a large amount ofe expensive equipment. Therefore, iti is useful to also look at trends inj private sector average Between: 2001 and20201 the average annual privatesectorwage int thedataprocesingandh hostingi industry annual wages in the industry. in Virginia grew from $61,117to $134,308- - a 120% increase. 16 "Mangum Economics estimates based on 2021 data from CBRE and. JLL. "*Mangum Economics estimates based on data from CBRE and. JLL. "Mangum Economics estimates based on data from CBRE and. JLL. ' Data Source: U.S. Bureau of Labor Statistics. 2022 Virginia Data Center Report 9 In comparison, over the same period average private wages across alli industries in Virginia went from $36,525to $62,250-a ani increaseof70%. 17 In otherv words, over the 19-year period, the average private sector employee ofal Virginia data center saw their gross income go up 70%1 faster than the average private This combination of growing investment and rapidly rising wages make data centers one of Virginia's highest performing industriesand ani important andgrowing.contributor: toastrong androbust state economy. Moreover, in a state such as Virginia where roughly two -thirds ofstate revenue comes from personal income tax, high growth/high wage industries such as data centers also play a disproportionate role in ensuring the sector employee in' Virginia. health of the State's budget. The Regional Dishibution of Data Center Investment in Virginia As impressive as the data center market in Northern Virginia is, in this section, we describe how data center investmenti is distributed across the state. In this report the method that we use to identify data center investment is different thanweh haveused forprevious editions ofthis report for NVTC. This time we use detailed information on the specific identity, exact location, and size of data centers in Virginia. Using a proprietary data center cost model that we built and validated based on information from various industry sources, we translate data center size information into estimates ofemployment, local capital investment, and operating costs. We have used this model in projects across the United States. Fort the purpose eofthisr report, we have divided the state ofVirginia into four regions: Northern Virginia, Central and Coastal Virginia, The Valley and' Westem Virginia, and Southem Virginia. Figure 2 shows the way wehave defined these regions by! locality. Toi identify these four regions, we: started with the eight regions identified by theWeldon Cooper Center Demographics Research Group that are based on "communities' shareddemographic, social, economic, and geographic characteristics. "18 We then grouped the eight demographic regions into four regions ofdata center investment that have different catalysts for data center development. Data center development in Northern Virginia is motivated by the existing bulk ofdata center development tinthea area, as wella as proximity to thei federal govemment and tech companies in the area. Development in Central and Consavignaisgntony, due to proximityto thesubsea cable landing station in Virginia Beachandi to ther majort terrestrial fiberr routerunning from Northern Virginia south to Raleigh, North Carolina. Data center development in Souther Virginia has the security advantages provided by distance from major population centers while still being centrally located on the East Coast oft the United States. For the Valley and Westem Virginia, data center development can continue to occur fostered bya robust fiber network and access to eothermaly-cooled water. 19 "Data Source: U.S. Bureau of Labor Statistics. "BBHllémsnaliseRrersias 13 htps://www. mesnadppocctast 20221 Virginia Data Center Report 10 Figure 2: Four Sub-State Regions Northern Virginia Cehtralk Coasta Thel Valley & Western) Virginia / Southern Virginia We estimate thati HM-etew centers, not counting construction workers building data centers in the state. Approximately 88% (4,920) worked in Northern Virginia, while six percent (330) worked in Southem Virginia, five percent (250) worked in Central and Coastal Virginia, and one per (50) worked in the Valley and' Western Virginia. A review of job listings posted online by data center operators shows active job openings in all four regions oft the state. Data center employment should Additionally, we estimate that the accumulated capital investment in data centers across the state amounts to $126 billion in 2021 dollars. We estimate that Virginia data centers spent $5.4 billion in 2021 for operational expenses, the majorityofwhich was spent for staffing and power. continue to increase throughout the state into the future. 20221 Virginia Data Center Report 11 The Impact of Data Centers on Virginia State and Local Economies The construction and ongoing operation of data centers in Virginia have large, broad effects across the state economy. Int this section, we estimate the statewide economic impact that data centers have on' Virginia, as well as in each of the four sub-state regions detailed earlier. To empirically evaluate the statewide and regional economic impact attributable to data centers, we employ a commonly used regional economic Regionaleconomic impact modeling measures the ripple effects that an expenditure generates as it makes its way throught the economy. Spending by data centers in' Virginial hasa a directeconomic impact on the state and regionaleconomy in terms ofpeople hired as data center employees, employee pay and benefits, ande economicactivityintheregion forutilities, construction, and equipment. Thatdrectspeninglylhe As data center employees and businesses (like construction contractors for data centers, power companies thatsupply data centers, anddata center equipment suppliers) spend ther moneythat they were paid by data center companies, they create another indirect ripple ofeconomic activity that is part ofthe second- Inaddition to thee economic effectsintheVirginia state and locale economies oft the data center-to-other business transactions, there are alsothesecond-round economic effects associated with data center employee-to-business transactions thatr ripple through local economies. These effects occur when data center employees buy groceries; pay rent; go out for dinner, entertainment, orother recreation; pay for schoolinginVirginia; orr make other local purchases. Additionally, herearetheyeond-ound economic effects of business-to-business transactions between the direct vendors to data centers and their suppliers. The total impact iss impylesmotuelntouma direct and secondround impacts. Thesecategoriesof impact are then further defined in terms ofemployment (the jobs that are created), labori income (the pay and benefits associated with those jobs), and economic output (the totala amount ofeconomic activity that is impact model called IMPLAN. 20 data centers creates the first ripple ofe economic activity. round effects ofdata center activity. created in the economy). 20 IMPLANisp produced by IMPLANGroup, LLC. 2022 Virginia Data Center Report 12 There are many' Virginia businesses that are part of the data center supply chain. To illustrate someofthe types ofcompanies located in Virginia that benefit from data centers in Virginia and that, in turn, generate economic activity in the state, in Table 1 we list a few different types of businesses in the Virginia data center supply chain. The list ofbusinesses in Table 1ksnotanendorsement, promotion, or commendation ofthem, and it is far from a complete list of companies. We only provide it to illustrate some oft the types of businesses that are part of the second ripple effect ofeconomic activity related to spending by data centers. Table 1: Some Businesses Serving Virginia Data Centers Company Line of Business Location Loudoun Henrico Glen Allen Ashburn Herndon Yorktown Buena' Vista (expanding to Daleville) Richmond Sterling Ashburn Sterling Richmond Herndon Aggreko North America temporary power generation and: storage products power distribution and management products and Anord Mardix Compu Dynamics Hanley Energy Interglobix Metro Fiber Networks Munters Power Distribution Incorporated Rosendin Electric Submer Technoguard Timmons Group Windward Consulting services design, construction, optimization, and maintenance Sterling Fulcrum Collaborations facilities management cloud-based platform energy management services data center and fiber interconnectivity consulting and carrier-neutral fiber connecting' Virginia Beach to marketing Henrico data centers cooling and air treatment power transformation, distribution, and monitoring design and construction services ITH hardware immersion cooling materials, cleaning, decontamination, and disaster site certification and development management consulting recovery 2022 Virginia Data Center Report 13 Virginia Statewide We estimate that in 2021 data centers in Virginia directly provided approximately: 5,550 operational jobs and 10,230 construction and manufacturing jobs $1.6 billion in associated employee pay and benefits $7.5 billion in economic output Taking into account the economic ripple effects generated by that direct impact, we estimate that the total impact on Virginia from data centers in 2021 was approximately: $3.6 billion in associated employee pay and benefits 45,460 supported jobs $15.3 billion in economic output. For every job inside a Virginia data center, there are 4.1 additional jobs that are supported int the rest of the Virginia economy, not counting construction jobs. Table 2: Economic Impact of Data Centers in Virginia in 2021 Direct Effects Data Center Construction Data Center Operation Supported Effects Jobs 10,230 5,550 6,680 23,000 16,910 28,550 45,460 Pay & Benefits $760,500,000 $862,200,000 $411,300,000 $1,603,300,000 $1,171,800,000 $2,465,500,000 $3,637,300,000 Economic Output $2,021,100,000 $5,528,700,000 $1,314,600,000 $6,412,900,000 $3,335,700,000 $11,941,600,000 $15,277,300,000 Data Center Construction Supported Data Center Operation Supported Construction Subtotal Operation Subtotal Total Economic Impact in Virginia Total Impact Because of the large amount of data center development in Virginia over the last several years, parts oft the datac center construction ando loperations supply chains llustratedinTable 1) have developed in the state. Thisi is why data center development in one partofthestatec creates impactsi inc other parts of the state. In the following sections covering the four regions oft the state, we show the local impacts of direct investment inar regioni from the consinuctionandoperation ofdatac centers. Wealso showt the impacts in each region So, forexample, the 9,680 construction jobs building data centers in Norther Virginia supported 5,330 jobs inc other industries in Northern Virginia, as well as supporting 380 jobs in Central and Coastal Virginia, 30 jobs in Southem Virginia, and 540 jobs in the Valley and Westem Virginia. Likewise, the 4,920 operational jobs in Northern Virginia data centers supported 19,140 jobs in other industries in Northern Virginia, as well as supporting 1,030 in Central and CoastalVirginia, 20 jobs in Souther Virginia, and 60 jobs in the Valley and caused by data center development in other regions. Western Virginia. 2022 Virginia Data Center Report 14 Central and Coastal Virginia We estimate that in 2021, data centers in Central and CoastalVirginia directly provided approximately: 250 operational jobs and 290 construction jobs $41 million in associated employee pay and benefits $289 million in economic output Taking into account the economic ripple effects generated byt that direct impact, we estimate that the total impact on Central and CoastalVirginia from data centers in 2021 was approximately: 3,640 supported jobs (including 1,650 supported data centers in other parts of the state) $244 million in associated employee pay and benefits Table 3: Economic Impact of Data Centers on Central and Coastal Virginia in 2021 $1.1 billion in economic output. Direct Effects in Central & Coastal Data Center Construction Data Center Operation omstructonsupponrted Effects from Data Centers in... Central & Coastal Virginia Northern Virginia Valley & Western' Virginia Operation- Supported Effects from Data Centers in... Central & Coastal Virginia Northern Virginia Southern Virginia Valley & Western Virginia Central & Coastal Virginia Impact Construction Subtotal Operation Subtotal Total Impact of Data Centers in Central & Coastal Virginia Jobs 290 250 210 380 20 Pay & Benefits $18,100,000 $23,000,000 $11,500,000 $24,900,000 $1,400,000 $76,700,000 $75,800,000 $11,600,000 $1,000,000 $55,900,000 $188,100,000 $244,000,000 Economic Output $53,400,000 $236,000,000 Virginia $38,700,000 $87,600,000 $4,600,000 $339,200,000 $291,000,000 $44,000,000 $4,000,000 $184,300,000 $914,200,000 $1,098,500,000 1,240 1,030 200 20 900 2,740 3,640 Investment Highlight - Community Action Grants Meta (formerly dbal Facebook) hasa Community Action Grants program to fundi non-profit projects that meet.community needs by deployingt technology to benefit the community, build stronger online and offline connections among people, andimpovelocalscence, technology, engineering, and mathematics education. In 2021, thepogampovoeduning foreightprojectsi including! buying laptop.computerst for local10th graders, fundingHenricoCountyPubicLbrary'sWifilending program, buying video equipment forchildrenwithillnesses,andsupportingatelehealth piogamtorunderserved students and families. 20221 Virginia Data Center Report 15 Northern Virginia We estimate that in 2021, data centers in Northern Virginia directly provided approximately: 4,920 operational jobs and 9,680 construction jobs $1.5 billion in associated employee pay and benefits $7billion in economic output Taking into account the economic ripple effects generated by that direct impact, we estimate that the total impact on Northern Virginia from data centers in 2021 was approximately: 39,230 supported jobs (including 160 supported data centers in other parts of the state) $3.3 billion in associated employee pay and benefits $13.5 billion in economic output Table 4: Economic Impact of Data Centers on Northern Virginia in 2021 Direct Effects in Northern Virginia Data Center Construction Data Center Operation COmstructonsupported Effects from Data Centers in... Northern Virginia Central & Coastal Virginia Southern Virginia Operation-supported Effects from Data Centers in... Northern Virginia Central & Coastal Virginia Southern Virginia Valley & Western Virginia Northern Virginia Impact Construction Subtotal Operation Subtotal Total Impact of Data Centers in Northern Virginia Jobs 9,680 4,920 5,330 10 10 Pay & Benefits $733,800,000 $802,000,000 $340,800,000 $500,000 $600,000 Economic Output $1,931,700,000 $5,066,700,000 $1,063,100,000 $1,600,000 $1,400,000 19,140 40 80 20 15,030 24,200 39,230 $1,373,200,000 $3,300,000 $5,400,000 $1,500,000 $1,075,700,000 $2,185,400,000 $3,261,100,000 $5,429,900,000 $8,500,000 $16,900,000 $4,200,000 $2,997,800,000 $10,526,200,000 $13,524,000,000 2022Virginia Data Center Report 16 Investment Highlight - The Northern Virginia Community College Programs Northern) Virginia communityCOllege (NOVA) has developedprograms to help address the challenges that data cemesinte-orhenvigms, areal have meeting their staffingr needs. AmazonWeb Services (AWS) hasa apidippetchpoymat the NOVA. 21 In December 2018, the program graduated its first NOVA also has a 2-year Associate of Applied Science program to train Datacenter Operations Technicians. 22 The program includes lab training at a training data center that the State ofVirginia built on the NOVA Loudoun Campus. The program started with 19 students in its very first year, and enrollment has increased significantly since then. Graduates quickly find jobs in Northern Virginia data centers and the students into full-time Associate Cloud Consultant jobs with AWS. companies that work fort them. Investment Highlight - New Data Center Expansions in Fairfax County Data center investment in Fairfax County has increased significantly in the past two years. Data centers in Fairfax County currently occupy 2.4 million square feet in 28 facilities. AsofFebruary 2022, the pipeline ofnew data center development includes 1.9 million square feet, with 375,000 square feet already under construction. Fairfax County has development opportunities available in both greenfield areas near Dulles International Airport and infill locations in Tysons Corner. 'NOVA, "Amazon and! Northern Virginia Community College Announce Graduation oft the FirstVeteranTechnkcal Apprenticeship Cohorton the EastCoast,' December 12,2018. 22 NOVA 2019-2020 Catalog, Engineering Technology: Data Center Operations Specialization, A.A. 2022 Virginia Data Center Report 17 Southern Virginia We estimate that in 2021, data centers in Southern Virginia directly provided approximately: 330 operational jobs and 260 construction jobs $39 million in associated employee pay and benefits $215 million in economic output Taking into account the economic ripple effects generated by that direct impact, we estimate that the total impact on Southern Virginia from data centers in 2021 was approximately: 1,400 supported jobs (including 60 supported by data centers in other parts of the state) $73 million in associated employee pay and benefits $402 million in economic output Table 5: Economic Impact of Data Centers on Southern Virginia in 2021 Direct Effects in Southern Virginia Data Center Construction Data Center Operation Constructon-supported Effects from Data Centers in... Southern Virginia Central & Coastal Virginia Northern Virginia Operation-Supported Effects from Data Centers in... Southern Virginia Central & Coastal Virginia Northern Virginia Valley & Western Virginia Southern Virginia Impact Construction Subtotal Operation Subtotal Total Impact of Data Centers in Southern Virginia Jobs 260 330 110 30 640 10 20 400 1,000 1,400 Pay & Benefits $8,600,000 $30,400,000 $4,400,000 $100,000 $1,600,000 $26,600,000 $300,000 $800,000 $100,000 $14,700,000 $58,200,000 $72,900,000 Economic Output $36,000,000 $178,900,000 $17,000,000 $800,000 $7,200,000 $155,700,000 $1,800,000 $4,200,000 $500,000 $61,000,000 $341,100,000 $402,100,000 2022Virginia Data Center Report 18 Investment Highlight - SOVA Innovation Hub Mid-Atlantic BroacbandCommuntes Corporation and Microsoitlechspark areinvesting in Southern Virginia, in part, byj jointly creating the SOVA Innovation Hub in South Boston to offer programs to inspire entrepreneurshipand" the pursuitofdigital careers. Ther new building houses coworking, meeting, and training space. Training programs are offered for job seekers, educators, families, and businesses. The Hub has assisted al broadi rangeofbusinesses, from the arts, to driver training,marketing, and organic horticulture. Microsof'sSouthemVirghlaTechspark isa a civic program created to foster job creation and economic development int the: area. In additioni to the innovation hub, TechSpark has helped to create technology education and literacy programs in every high school in the region, "Girls Who Codel"clubs in Halifax and Mecklenburg Counties, and the deployment of free public WiFi networks Boydton and Clarksville. 23 LMcosi 1 Miranda Baines, "Microsoft TechSpark Celebrates Third Anniversary," Gazette-Virginian, December 1,2020. 2022 Virginia Data Center Report 19 Valley and Western Virginia 50 operational jobs We estimate that in 2021, data centers in the Valley and' Western Virginia directly provided approximately: $7 million in associated employee pay and benefits $47 million in economic output Taking into account the economic ripple effects generated by that direct impact, we estimate that the total impact on the Valley and' Western Virginia from data centers in 2021 was approximately: 1,190 supported jobs (including 950 supported by data centers in other parts of the state) $59 million in associated employee pay and benefits $253 million in economic output Table 6: Economic Impact of Data Centers on the Valley and' Western Virginia in 2021 Direct Effects in the Valley & Western Virginia Data Center Operation Consructonsupported Effects from Data Centers in... Central Virginia Northern Virginia Southern' Virginia Operation-supported Effects from Data Centers in.. Valley & Western' Virginia Central Virginia Northern Virginia Southern Virginia Valley & Western Virginia Impact Construction Subtotal Operation Subtotal Total Impact of Data Centers int the Valley & Western Virginia Jobs 50 20 540 20 190 10 300 60 580 610 1,190 Pay & Benefits $6,800,000 $600,000 $23,900,000 $1,000,000 $8,700,000 $500,000 $14,300,000 $3,500,000 $25,500,000 $33,800,000 $59,300,000 Economic Output $47,100,000 $1,900,000 $87,100,000 $3,600,000 $40,000,000 $2,000,000 $58,200,000 $12,800,000 $92,600,000 $160,100,000 $252,700,000 2022 Virginia Data Center Report 20 Investment Highlight - Project Oasis and Mineral Gap Pantothe-heswApticphacphateptvwepiPelket Oasis- ap program to attract data centers to Southwest Virginia. The program emphstrsthealilyothea areai to assist data centers locating in the area to achieve their sustainability goals by taking advantage oft the region's solar farms and availability for The DP Facilities data center in Mineral Gap (Wise County) offers a high-security, 65,000 square foot facility inareclaimed miesewth2rdindao, 45MW of power capacity, andanestimated power usage effectiveness of1.2. The 22-acre site has room to expand by an additional200,000 square feet. An on-site solar facility provides 3.5 MW ofpower for the data center. The $4.6 million solarproject is the first solar geothermalcooling. project in the state to be built on reclaimed mine land. 2022 Virginia Data Center Report 21 Data Centers' Contribution to State and Local Government Budgets Data centers paymillions ofdollars ins stateand local taxesi in Virginia,e centogMignahasasile: a and use tax exemption on some equipment for data centers that are large enough to qualify for the exemption. All data centers (large ands small) pay state employer withholding taxes. At the local level, both large and small data centers pay real estate taxes, tangible personal property taxes, business license taxes, and industrial utilities taxes. Additionally, many data centers still must pay state sales and use taxes on their purchasesofdata center equipment because theyarenotlarge enough to qualify for the Virginia data Ina addition to the taxes that data centers pay directly, the economic activity that they generate also results in additional tax collections. Data centers pay taxes directly to state and local governments. The employees and business suppliers that are paiddirectly byt thec data centers also paytaxes. Alofthesesources oftax center incentive. revenue are included in the tax revenue estimates described in this report Statewide and Regional Tax Collections Associated with Data Centers Ina addition to the taxes paid directly by data centers, local govemments and the Commonwealth of Virginia collect tax revenue from the secondary indirect and induced economic activity that data centers generate. Table7shows oure estimates oft the taxes directly and indirectly generated by data centers statewide in Virginia and in each oft the four sub-state regions in 2021 through that firstround and second round We estimate that in 2021, data centers were directly and indirectly responsible for generating $174 economic activity. million in state revenue and $1 billion local tax revenue in Virginia. Table 7: Tax Revenue Directly and Indirectly Generated by Data Centers in Virginia in 2021 Region Central & Coastal Virginia Northern Virginia Southern Virginia Valley & Western Virginia Virginia Statewide Local Taxes Collected State Taxes Collected $18,200,000 $974,100,000 $8,900,000 $2,200,000 $1,003,400,000 $10,900,000 $153,700,000 $7,600,000 $2,000,000 $174,200,000 20221 Virginia Data Center Report 22 Data Centers Contribute to Local Govemment Budgets Data centers generatealarge: amaintofpppervylarenve for local govermentswithout placingmany demands on local goverment services. Additionally, the industry also places downward pressure on overall tax rates, thereby improving the locality's business climate and economic attractiveness. Data Centers' High Local Benefit to Cost Ratio Datacentersprovide: a high benefit to cost ratiointers ofthetaxrevenue theygenerate relative to the government services that they and their employees require. Loudoun and Prince William Counties are home to the most significant concentrations ofd data centers in Virginia. County staff in those localities were able to provide us with detailed fiscal data associated with data centers. As a result, we are able to use those data in combination with data from others sources to compute the benefit to cost ratio associated with data centers ineach locality. Henrico County reports that in 2020 county tax revenues from data centers were almost $6 million. Sizable benefit to cost ratios could be calculated for Mecklenburg, Albemarle, Culpeper, Fairfax, and Wise Counties and the Cities of Harrisonburg and' Virginia Beach which also have data centers. To quantilythebudgetay, cost that data centersa and their employees imposed on these localities in 2020, 25 we use datai from the Virginia Department of Education on localelementary: and secondary educationexpenditures pers student, and data from the Virginia AudtorofPuDucAounts on local Inon- education expenditures per county resident. This approach focuses on the largest costs that any business imposes ona calgpverment-tmecoss associated withppxdangpmmaiyandicondayedlucation, and other county services, to the employees oft that business. *Itsh should be noted that, of necessity, these estimates exclude BPOL and other local taxes that also apply to data centers. Asa result, the revenue estimates provided almost certainly under-estimate the actual local tax revenues from data centers. 2020 was the most recent year that data was available for these calculations. 2022 Virginia Data Center Report 23 Table 8 details the calculations used to estimate the budgetary cost that data centers and their employees impouadonechoftheelwo counties in 2020. Asshown, we estimate those costs to be approximately $37 million in Loudoun County, and $5 million in Prince William County. Table 8: Estimate of Total Budgetary Costs Imposed by Data Centers and Employees in 2020 Prince William County 500 0.73 $5,502 $2,008,230 3.85 $1,427 $2,746,975 $4,755,205 Loudoun County 3,500 0.51 $11,161 $19,922,385 2.55 $1,382 $12,334,350 $32,256,735 County Private Sector Data Center Employment"* Students per Employee?? Per Student County Education Expenditures" Total Education Costs? County Residents per All Employees Per Resident Non-Education County Expenditures" Total Non-Education Costs? TOTAL COSTS3 26Data Source: Loudoun County Economic Development, Authority and Prince) William County Department of Economic 1 Data Source: Virginia Department of Education and U.S. Bureau ofL Labor Statistics. Derived by dividing total county elementary 1 Calculated as county private sector employment in data centers in 2020, times students per employee, times per student Data Source: 2020 Census and U.S. Bureau of Labor Statistics. Calculated by dividing total county population in 2020 by total "Data Source: Virginia Auditor of Public Accounts and U.S. Census Bureau. Derived by dividing total county non-educational D Derived as county private sector employment in data centers in 2020, times county residents per employee, times per resident Development. ands secondary school enrollmenti in 2020 byt total county employment in 2020. "Data Source: Virginia Department of Education. education expenditures. county employment in 2020. non-education expenditures. expenditures in 2020bytotal county population in 2020. 33 Derived as the sum of total education costs and total non-education costs. 2022 Virginia Data Center Report 24 As showninTable9, combining tiestmatsofbudptiyost from Table 8 with data from each of the localities on the local revenue generated by data centers shows that in 2020 the benefit to cost ratio 13.2i in Loudoun County - which means thati wpidhnonyepmdue that data centers were responsible for generating in 2020, it provided approximately $13.20 in tax revenue. 13.5in Prince William County- - whichr means that forevery $1.00ino county expenditures that data centerswere responsible for generating in 2020, itp provided approximately $13.50in tax revenue. associated with the industry was: Table 9: Estimated Benefit/Cost Ratio Associated with Data Centers and Employees in 2020 Estimated Tax Revenue (Benefit) $424,700,000 $64,200,000 Estimated Budgetary Cost $32,256,735 $4,755,205 Locality Loudoun County Prince' William County Benefit/Cost Ratio 13.2 13.5 M 20221 Virginia Data Center Report 25 Local Data Centers Reduce the Burden on the State Education Budget Because of the way that the State ofVirginia partially funds local education from State coffers, the tax revenue generated by data centers in some localities reduces the burden on the State education budget. On average, the state of Virginia funds 55% of primary and secondary education expenditures, and localities are required to locally fund theremaining 45%. 34 But, that local funding percentage is adjusted upo or down based on each locality's "ability to pay" as measured by Virginia's composite index formula that takes into account the locality's property tax base, adjusted gross income, and taxable retail sales. Of these three factors, property tax base receives the highest weight (50%) and, therefore, has the largest influence on the The 2020 composite index for Loudoun County is 0.5450 and for Prince William County it is 0.3739. 36 When we recalculate thoseindices to take into account thelossoftaxbase implied by the loss in tax revenue that would have occurred if data centers had not existed in these localities, those indices fall to 0.5026 and As shown in Table 10, according to our estimates, this means that in the absence ofdata centers in Loudoun and Prince William Counties, the State ofVirginia would have to reallocate $90.5 million in state education funding awayfrom otherVirginia localities to provide S7milloninadaitional funding to LoudounCounty, final calculation. 35 0.3609, respectively. and $17.5 million in additional funding to Prince William County. Table 10: Estimated Additional Revenue Required to Compensate for Loss of the Data Centers in 2020 Additional Local Tax Revenue Required from Other Sources State Education Funding Off-Set Locality Loudoun County Prince' William County Total Revenue Loss ($424,700,000) ($64,200,000) $72,968,000 $17,548,000 $90,516,000 $351,732,000 $46,652,000 31 Ina actuality, however, baseline local funding percentages are typically higher than 45% because of local initiatives. 35 Virginia Department of Education. The actual formula weights each locality's property tax base by 0.5, adjusted gross income by 0.4, and taxable retail sales by 0.1. Each metic is then divided by school population and total population and those per capita figures are divided by the average across all localities to determine ability to pay. The per capita figures are then themselves weighted with each per capita school population metric receiving ay weightof0.66 ande each per capita populationmetric receiving a weight of0.33. 36 Virginia Department of Education. 20221 Virginia Data Center Report 26 Virginia's Data Center Sales and Use Tax Exemption Virginia's data center incentive program is primarily a sales and use tax exemption on qualifying equipment. 37 Generally, the sales and use tax exemption is available to data centers that make a minimum new capital investment tofs150millionand that create ar minimum of 50r newj jobsi ina Virginia locality. If thedata center islocated ina anenterprisezone, theminimumnew) jobrequirement: isreduced to 25. Each new job must pay at least 150% ofthe annual average wage in the locality where the data center is located. Tenants ofcolocation data centers that qualify for the incentive mayalso receive the sales and use tax In March of2021, Virginia revised its sales and use tax exemption to require only 10 new employees and $70 million ofcapital investment for data centers that locate where the unemployment and poverty rates According to the JLARC, as oft fiscal year 2017 (the most recent year that data is available), 24 data centers had qualified for the incentive, plus 135 colocation data center tenants. 39 According to JLARC's2021 report on! Virginia's economic development incentives, in fiscal year 2020, $138.3 million of sales and use tax was exemption. The incentive program is set to sunset in 2035. are higher than statewide averages. 38 exempted under the incentive. 40 Virginia Treats Data Centers Like Other Capital-Intensive Industries The Virginia data center incentive program offers qualifying data centers the same tax treatment that ita applies to all manufacturers. Like moststates, Virginia exempts all manufacturing firms (regardless of size) from paying sales and use tax on their production equipment. Part of the rationale for exempting manufacturing equipment from sales and use tax is that the manufacturing industry requires large amounts of expensive equipment in order to make products. If the state charged sales and use tax on manufacturing equipment, manufacturers would locate in other states in order to reduce their costs of production. Virginia's sales and use tax exemption for qualifying data centers is a limited way to attract large data centers to the state. 37 Virginia also offers a single sales factor apportionment method for calculating corporate tax liability. According to JLARC's 2021 report, that incentive wasf firstused by data centersi in 2020 and amounted toad change in taxes of only$100,000. Because this 3 Dan Swinhoe, "Virginia lowers threshold for data center tax exemption," Data Center Dynamics, March 31, 2021. 39J JointLegislative Audita and Review Commission, Data Center and Manufacturing Incentives, Economic Development Incentives incentive has sucha a limited impact, we do not discuss iti in this report. Evaluation Series. June 17,2019. "s/larevrisovllaiepertya57pd 20221 Virginia Data Center Report 27 JLARC's Evaluation of the Data Center Incentive InJ June of2019, Virginia's Joint Legislative Audit and Review Commission published an evaluation ofthe state's data center incentive using confidential tax information that is not publicly available. 41 JLARC found that 90% of the data center investment made by the companies that received the sales and use tax exemption would not have occurred in the state of Virginia without the incentive. Instead, that 90% ofdata center investment would have occurred ins states other than Virginia. So, the' "cost" ofthe State data center incentive is only 10% of the amount of State sales tax revenue exempted. Using the confidential uxlnomato,LACestmatatheronomcand govemment Dudgetatryimpact, not oft the total data center industry in Virginia (as we have done in this report), but specifically of Virginia's data center sales and Table 11 shows thet text of AppendixNfromi the JLARC partwtn.lCxalcuations of the amount ofState tax revenue exempted by the Virginia incentive; the amount ofadditional State tax revenue that was generated by the investment oft the data centers that received the tax incentive; the net impact of the incentive ont the State budget (additional taxi received minus taxi revenue exempted); net newj jobs added, netadditionalstate, gross domesticproduct (GDP) generated, and net new worker pay generated throughout the statewide economy as a result oft the investment by data centers that received the incentive. Table 11 shows data for the fiscal years 2013 through 2017. This is the most recent data available that covers the years when the current version ofVirginia's data center incentive has been implemented. The General use tax exemption. 42. Assembly made significant revisions to the data centeri incentive in 2012. , Joint Legislative Audit and Review Commission, Data Center and Manufacturing Incentives, Economic Development Incentives Evaluation Series. June 17,2019. 42A Appendix N: Results of economic andi revenue impactanalyses. 20221 Virginia Data Center Report 28 Table 11: Economic and Tax Impacts of Virginia's Sales and Use Tax Exemption for Data Centers 43 With Data Center Incentive State Tax Revenue Exempted Additional State Tax Revenue Net State Budgetary Impact State Revenue Recovered per $10 ofState Revenue Exempted Net Additional Jobs Net Additional State GDP Net Additional Worker Pay FY2013 FY2014 FY2015 FY2016 FY2017 ($81,298,000) ($80,131,000) ($93,249,000) ($54,757,000) ($54,516,000) $44,548,000 $49,705,000 $64,494,000 $54,742,000 ($15,000) $59,171,000 $4,655,000* ($36,751,000) ($30,426,000) ($28,755,000) $0.55 $0.62 $0.69 $1.00 $1.09 11,631 12,168 14,138 9,968 10,324 $1,594,238,000 $1,838,394,000 $2,268,541,000 $1,862,303,000 $2,028,606,000 $852,123,000 $987,672,000 $1,238,666,000 $1,022,226,000 $1,126,545,000 In2 2017, the data center taxi incentive generated more Statet tax revenue thani ite exempted. The appendix to the JLARC report shows that: In2 2017, the State took in $1.09 in state tax revenue from data center related activity for every $1 of In2 2016, the data center incentive was revenue neutral - it generated one dollar in additionalstate tax Ine every year since the data center incentive was modified in 2012, the State recovered the majority of From 2013 through 2017, on average the State recovered 75 cents in state tax revenue for every doll llar of potential state tax revenue that was exempted from qualifying data centers. revenue for every dollar ofpotential state tax revenue that ite exempted. the state tax revenue that was exempted from qualifying data centers. potential tax revenue exempted from qualifying data centers. 44 "Data Source: Appendix N: Results of Economic and Revenue Impact Analyses. # The JLARC report states that the data center incentive recovered 72 cents in state tax revenue for every dollar of potential tax revenue exempted from qualifying data centers. That conclusion is based on including the years 2010 through 2012, prior to the significant change made to the incentive in 2012. The 75-cent estimate more accurately reflects 2022 Virginia Data Center Report 29 Incentive Helps to Attract Some Data Centers that Do Not Qualify for Incentive Data centers tend to cluster, with smaller data centers often locating adjacent to larger data centers. Therefore, one data center that is attracted by the incentive can attract other data centers to take advantage ofthe existingl local fiber and power infrastructure. 45 Some oft theset follow-on data centerswill be: smaller than the larger data center projects that qualified for the tax incentive and may, themselves, noti initially achieve the investment and job creation thresholds required to receive tax benefit from the state. Because large data centers that qualify for Virginia's incentive help provide the infrastructure and technology supply chain to attract smaller data centers that do noti initially qualify for the incentive, the incentive yields more data center investment than is measured by just counting the data centers that qualify for the incentive. Virginia's data center taxi incentive plays an important role in attracting new data centers to the state and in keeping them from moving to other states. National Context for Virginia Incentives Over 30 states offer some sort ofi incentive program to attract data centers. Twenty-six states have sales and use tax incentives that last for 10 years or more, with 11 of them having incentives that are valid indefinitely. Examples in the Southeast include: Alabama offers up to a 30-year sales and use tax exemption. (AL 40-9B-3) 46 Mississippi's 10-year sales and use tax exemption has no program sunset. (MS 57-113-25) 47 North Carolina's sales and use tax exemption has no program sunset. (NC 105-164.13) 48 South Carolina'ssales and use tax exemption sunsets for new applicants in 2031 with benefits ending in Tennessee'ss sales and use tax exemption and reduced tax on electricity has no program sunset. 2041. (SC 12-36-2120) 49 (TN 67-6-206) 50 In the last few years several states have added ore expanded sales and use tax exemptions for data centers. The following list doesnot include states like Ohio and' Texas which have robust incentives in place. "Loudon Blair, "Finding Strength in Numbers: The Data Center Clustering Effect," Data Center Knowledge, /Aliemdhlethure.nMEAWARNCSAONAabam/1/SS. .htm and Alabama Department of Revenue, General Summary of State Taxes. 7 Mississippi Tax Incentives, Exemptions and Credits. # North Carolina Data Center Sales and Use Tax Exemptions. "South Carolina Department of Revenue Ruling #13-5. Pennsylvania Brings in Data Center Tax Breaks. 5 Changes in Requirements for a Qualified Data Center, Tennessee Department of Revenue. 5 Maryland Department of Commerce, Data Center Tax Incentive Program. "Matt Pilon, "Ina crowded pond, CT goes fishing for data centers with new incentives," Hartford Business Journal, April 19, 2021. *Rich Miller, "Quantum Loophole Plans 2,100 Acre Data Center Campus in Maryland," Data Center Frontier, June 28, 2021. 2022V Virginia Data Center Report 30 East Pennsylvania' 's original incentive was ineffective at attracting data center investment to the state while billions ofdollars ofinvestments were being made in nearby states. The legislature enacted a new sales and use tax exemption that is open indefinitely with benefits available forat least 15 years. Connecticut became the latest state to add a completely new data center incentive. Depending on the size and location of the facility, data centers could be exempted from state sales and use taxes for20to Marylandenacted: ar news aesandtsetaxincentve withal benefit periodof10to: 20years depending on the level ofinvestment. The incentive has no sunset date. 53 Following the enactment ofMaryland's data center incentive, a data center developer announced plans for a new 2,100-acre data center campus in (72PS-9931-D)" 30 years. (CT Public Act 21-1, HB6514) 52 the state. (MD 11-239) 54 Midwest North Dakota enacted a data center incentive to replace an incentive that expired in 2020. The new incentive has no sunset date or limitation on the benefit period. (NDCC 57-39.2-04.17) 55 West Arizonarevisedandextendedits: data center salesand usetaxexemption! by 10years to runt through 2033. The benefit period ranges from 10 to 20 years, with the 20-year benefit reserved for data centers with that are considered a sustainable redevelopment project. (AZ41-1519) 56 Idaho enacted a new sales and use tax exemption for data center equipment used in new data centers. The new incentive has no program sunset or limitation on the benefit period. (63-3622V) 57 Utah expanded its sales and use tax exemption for data centers with no minimum investment or employment criteria and no program sunset. (UT! 59-12-104) 58 55 North Dakota Century Code $57-39.2-04.17. SD Dan Swinhoe, "Arizona extends data center tax breaks for another 10years," Data Center Dynamics, April 27, 2021. HB521. SU Utah Sales and Use Tax General Information, Revised 6/21 and SB 114. 2022Virginia Data Center Report 31 Competition Between States With SO many states offering incentives to attract data centers to their states, the competition for data centers is keen. New York - New. Jersey Connecticut New. Jerseyis debating adding anincentive. Thereisagrowing realization that the New' York-New Jersey region lost its lead in the data center market to Northern Virginia, at least in part because New Jersey is not Ane evenmore dramatic ltustratonorthesemstiwiy of data centers tot tax dhanysithewy/wnendaa centersshowed their mobilityi inresponse to aj potential increasei int taxes inl New. Jersey. In the summer of 2020, some elected state officials proposed imposing a 25/100th ofone percent ora 1/100th ofone percent taxonfinancial transactions processed in data centers locatedi linNewJersey. 60 Int thet fallof2020, thel New YorkStockExchange ranitsi financial transactions out ofits data centerin Chicagot forfive days to practice for any possible relocation oft the market to data centers outside of New Jersey. The GovemorofTexas was involvedinattempting to attract Nasdaq to migrate its data center operations tol Dallas, thesecond-largest data center market in the United States. In the spring of2021, the state ofConnecticut enacted a data center incentive to make that state a viable alternative, in the event that New Jersey proceeded with the financial competitive with other markets on taxes. 59 transaction tax. 61 Illinois - Indiana InJuneof2019, Illinois addedar new data centerincentive. 62 Although the Chicago area is one of the largestdata center marketsi int theUnitedStates, it wasnot kepngpasewtinnegpwlho: data centers int emakesoflonbenvg"s, Dallas, andPhoenix- all located in states that provide sales and use tax exemptions to attract data center investment. Since the enactment ofthe Ilinois incentive, several new large data center polectshaebemamounet int thestate, and over $5 billion ina additional data center investment has been committed, making it one oft the fastest-growing states in terms of data center activity. 63 The ellarngstateolindimab: enacted a! 50-year slesandusetaxexemption for data centers to attract data centers to the Indiana suburbs ofChicago. "Twenty, years ago, New. Jersey probably led the countryand data center space, buty wel haven'tmoved ther needle atalli in20 years." - Gil Santaliz, NJFX "New Jersey was once al hotbed of data center activity, with thriving markets for colocation and financial data centers. The state maintains a substantial and strategically important data center community, but the hottest leasing action has shifted elsewhere, primarily to Northern Virginia." - Data Center Frontier, 1/28/20 "There isa bill being looked at, and it looks "Alex Alley, "NYSE and Nasdag threaten to leave New Jersey if transaction tax goes ahead," Data Center Dynamics, October 20, "Matt Pilon, "na crowded pond, CT goes fishing for data centers with new incentives," Hartford Business Journal, April 19, 2021. "Ally Marotb. "Data center boosters hope new tax incentives 'stop the bleeding, keep tech sites in Illinois," " Chicago Tribune, June e Companies announcing large data center projects in Illinois since the enactment of the incentive include: Aligned Energy, Meta, verysimilar to the broad strokes of whatyous seei inVirginia."-S Santaliz 2020. 2019. Prime Data Centers, NTT, ands Stream. 2022Virginia Data Center Report 32 Virginia's Data Centers and Economic Development Thes state'sfast-growing data centeri industry continuest to buldonitscaty.donmtags BY JOHN MULLIN ata centers are essential to cloud computing andi its ability to give users remote access to data, applica- tions, and computing power over the internet. Yet Virginia's Fairfax and Loudoun counties, data centers are often housed in nondescript buildings whose stark forms resemble massive rectangular cubes. The buildings' interi- quantities of cables and switches, and the considerable elec- trical power and HVAC hardware necessary tol keep it all Ini many ways, data centers are like utilities, where the main interest for outsiders often lies in what the utility makes possible fori its customers rather thani in the func- social media companies such as Meta, and financial firms Thei industry's outlook appears bright, but iti is not without new locations, and it continues to face pressure to mitigate its heavy use ofe electrical power and water resources. Offsite data storage and computing services have been around since atl least thel late 1950s.. At the time, corpora- tions and public institutions werel becoming increasingly reliant on mainframe computers. Big companies would often purchase their own mainframes and house them onsite in such as Capital One. they typically possess few oft the ethereal qualities evoked challenges. Its further expansion in Northern Virginia has by the term "cloud." With high concentrations in Northern become more difficult due to a diminishing supply of suitable. ors are packed with rows and rows of computer servers, vast REMOTE COMPUTING ANDI DATA STORAGE working. tioning oft the utilityi itself. But, as with water and electrical dedicated rooms. Soon, however, computer "bureaus" began power utilities, a lot of things in the economy simply cannot tos sell computing services on their mainframes to compa- happen without data centers. As the authors ofa 2020 arti- nies that could not afford tol buy and maintain the massive sent thei information backbone of an increasingly digitalized The trend toward offsite computing received further For Virginia, data centers have been a consistent contrib- became increasingly available during the 1980s, users began advantages, the state has encouraged the industry's develop- trend accelerated during the dot-com boom oft the late 1990s, ment over the years through taxi incentives and other initia- which saw aj proliferation of new e-commerce sites anda major player in the data center industry and to take advan- gence ofai new type of data facility called internet exchange clei in the journal Science pointed out, "Data centers repre- machines. world." impetus from the rise of the personal computer. When PCs to link them to remote servers to access offsite data. The huge increase in internet traffic. This period saw the emer- points (IXPs), which are important locations for the routing ofinternet traffic among majori internet service providers. More recently, data center growth has been spurred by an explosion in the demand for cloud computing services to support activities ranging from online gaming to the stor- utor to economic growth. Leveraging some ofi its natural tives. These efforts put Virginia in: aj position tol become a tage ofag global boom in the demand for cloud computing Virginia now is home tol hundreds of data centers. Much of the growth has occurred in Northern Virginia's "Data Center. Alley." Iti is home to the data centers operated by services. public cloud providers such as Amazon Web Services (AWS), age ofs social media profiles. Cloud computing arose from 14 ECONF FOCUS" SECOND QUARTER*2023 technological developments that allowed users to remotely access multiple physical locations at once. According toa favored because it served tol help visualize an environment in which a user could access resources across a' "nebulous blob of computing resources.". Amazon, through its AWS subsidiary, was the first company to market cloud computing "Ast things now stand, there are nowi two types of data centers," says. Josh Levi, president oft the Data Center Coalition, which advocates on behalf oft thei industry. for their own purposes, and multi-tenant facilities." Multi-tenant data centers - often referred to as pressure ini recent years. Cloud service providers, which using their market power to obtain more favorable terms for tial cost." thes space that they continue tol lease at co-location centers. VIRGINIA SEIZES ITS ADVANTAGES "Int thel beginning, there wast thei internet. very early runningi room int terms of bringing inc data centers, investment, and connectivity." equipment. The state expanded the exemption in 2010, after losing al bid to attract Apple, which instead built a $1 billion to enact as sales tax incentive for data centers, where you qualify for a sales tax exemption ify youi invest at least $150 percent ofa county's average," says Levi. "The reason that But thei industry's growth in Virginia was supported by factors above and beyond its first-mover advantage and tax incentives. According to economics consultant Fletcher Mangum, "Virginia also offered a large high-tech work- 2017: account from IBM, the term "cloud computing" became Those fiber conduits some gave Virginia services in their present form. "Owner-occupied data centers, which are run by companies data center in Maiden, N.C. "Virginia became the sixth state "co-location" facilities - have faced increased competitive million and create 50j jobs with wages that are atl least 150 have historically been major tenants at co-location centers, is sO critically important is that the equipment inside a data have increasingly beenl building their own data centers and center must be regularly refreshed and replaced at substan- Tol borrow an old phrase from real estate, Virginia's initial force, proximity to end users and corporate headquar- allure as a site for data centers was all about "location, loca- ters, relatively low electricity prices, power companies that tion, location." The state's proximity to Washington, D.C., could deliver new service on aggressive timelines, and local and the seat oft the U.S. federal government gave ita decided governments that aggressively courted data center compa- advantage. nies bys streamlining the development approval process." Virginia has continued to make major infrastructure investments to help maintain its advantage. Some ofthe largest investments were made tol build landing facili- ties in Virginia Beach for two: subsea trans-Atlantic cables: MAREA and BRUSA, which connect Virginia with Europe and South. America, respectively. This created opportunities for Henrico County, which adjoins Richmond andi is located roughly halfway between the cable landings in Virginia "The cable landings are definitely correlated with the stunning growth of the data center industry in Virginia," data centers are inj Henrico County to take advantage of All oft this has added up to rapid growth. Today, the data center market in Northern Virginia isl bigger than the next AI major door was opened in the early 1990s when Metropolitan Area] Exchange, East (MAE-East), one of the first IXPs, began operating in Washington, D.C., and soon extended into Northern Virginia. As one of the National Science Foundation's four network access points, MAE-East's presence, generated al lot of activity and attracted other firms. In 1998, Equinix builti its first large data center in Ashburn, Va. - in the heart of what Virginia. The region's network of fiber optic cables grew Data Center Coalition's Levi. "Those fiber conduits gave in data centers, investment, and connectivity." The early investments in fiber optics created a virtu- would later be called Data Center Alley. Firms ranging from Beach and Data Center Alley. Numerous firms have been dot-com startups to established telecommunications: compa- attracted to the area to take advantage ofi its access to the nies were increasingly locating their facilities inj Northern high-capacity, low-latencyi international cables. "In thel beginning, there was the internet," observes the says Mangum. "The rapidly expanding Facebook and QTS rapidly as ar result. Virginia some very early running room in terms ofbringing MAREA andi BRUSA." ous circle. Increased bandwidth caused a decline in what is five largest markets in the United States combined. Its known as "latency" the amount of time it takes for data perceivedi importance to the global economy is highlighted to travel between its origin and destination. The decrease in by the oft-cited, but difficult to verify, claim that some 70 waiting time, in turn, attracted additional firms and addi- percent oft the world's internet traffic travels through Data are some applications where latency does not matter much. DATA CENTERS ANDI LOCAL ECONOMIES example, Visa, the credit card company, has a data centeri in When people think about ani industry's local economic Loudoun County that processes many thousands oft transac- effects, theiri initial focus is often on job creation. As highly industry by establishing: a sales tax exemption on computer data centers directly employed only 5,500 workers in their tional investments in fiber capacity. Center. Alley each day. "It's something ofas snowball effect," says Levi. "There But there are: some applications where iti is essential. For In 2008, Virginia provided further inducements for the tions pers second." capital-intensive businesses, however, data centers require relatively few workers. In 2021, for example, Virginia's ECON FOCUS SECOND QUARTER*2023 15 reported to us by thel localities themselves," says Mangum. "They do not include any local tax revenue generated by In 2019, Virginia's. Joint Legislative Audit and Review Commission published a report in which it evaluated the effectiveness of the state's tax incentive program for data centers. Looking at the period between fiscal years 2010 and 2017, the study noted, "The data center sales and use tax exemption is by far Virginia's largest incentive in terms Virginia's total spending on economic development incen- however, the report found that it had been relatively effec- tive, stating that it had "a sizable influence on data center "Ithinkl local awarenessi ise extremelyi important, Communities need tos make suret that they properly account fora a data centers' shorf-and long-run wateri footprints beforet theyi issue employees." construction permits." operations - a figure scarcely greater than 0.1 percent oft the off forgone revenue, representing more than one-fifth of The flip side of thes story is that thej jobs that data centers tives during this period." Despite the program's cost, private sector employee in a Virginia data center earned an decisions tol locate or expand in Virginia."Ther report, estimated $134,308, which was more than double the esti- which found that thei incentive program had yielded posi- mated $62,250 earned by) Virginia's average private sector tive net benefits, asserted that iti is reasonable for the: state to state's workforce of more than 41 million people. do create tend tol be highly productive jobs that require elevated skills and payl high wages. In 2020, the average employee. This wage gapl has been growing for roughly the continue the program. tryl have outpaced those of otheri industries int the state on ENERGY AND POWER USAGE past two decades, as wage hikes in' Virginia's data indus- average. In: addition to creating high-payingi jobs, data centers also While many localities appreciate data centers for their fiscal support local economies through their demand for services. benefits, the centers have received al lot ofscrutiny over their "Data centers purchase unusual amounts ofs services such as voracious use ofe electrical power and water.. According toa security and) HVAC maintenance, so their impact through 2021 article in. Environmental. Research. Letters, "Data centers ately large," says Mangum. Thei industry has also employed ing for around 1.8% ofe electricity use in the United States." twice as many people employed in the construction of new top 101 U.S. industries in terms of water use. Some of the Mangum's firm, Mangum Economics, recently conducted ofiti is used indirectly, as when utilities draw power from an economic: impact study ofVirginia data centers on behalf electrical grids supplied by hydroelectric generators. mated thei ripple effects that data centers create as their expen- concerned about data centers' use ofe electricity, a 2020 arti- ditures - both on operations and new construction - work cle in Science by researchers at Northwestern University, into account, thes study estimated that data centers supported and the University of California, Santa Barbara pushed back in 2021. Those figures corresponded toi roughly 1 percent of advanced about thei industry's energy footprint. The article Mangum's study also included estimates of data centers' tic analyses claim that the energy used by the world's data effects on thel budgets of the counties in which they oper- centers has doubled over the past decade and that their have also used state and local resources. To estimate data trends in demand for data center services and, crucially, do centers' overall fiscal cost to Virginia's counties, Mangum's not account for countervailing trends in energy efficiency. onl local governments - the costs of providing primary and traffic increased more than tenfold, while storage capacity received $424.7 million in tax revenue from data centers = computation was quartered, while the energy used per tera- $32.3 million. The figures for Prince William County were factor of nine. Energy consumption has also been damp- smaller buti in similar proportion, with revenues estimated ened by the migration of users from older, less efficient data his estimates as conservative. "Thel benefits only take into and devote a much higher percentage of their total energy account the direct local revenue generated by data centers as usage to powering servers as opposed to keeping them cool. business-to-busines: purchases tends tol be disproportion- al lot of construction workers. In 2021, there were: almost data centers asi in operations of preexisting centers. oft the Northern Virginia Technology Council. The study esti- their way through Virginia's economy. Taking these effects 45,460j jobs and $15.31 billioni in economic outputi in Virginia Virginia's jobs and 2.5 percent ofi its economic output. ate. Although Virginia offers sales taxi incentives to qual- ifying firms, the data center industry has paid substantial amounts in state andl local taxes over they years. But they analysis focused on the main costs that businesses impose secondary education as well as other services to the busi- Mangum estimated that, in 2020, Loudoun County more than thirteenfold their estimated budgetary cost of at $64.2 million and costs of $4.8 million. Mangum views require at tremendous amount ofe energy to operate, account- They also use large amounts of water, ranking among the water is used directly by liquid-based cooling systems; some While not denying that there are valid reasons tol be Lawrence Berkeley National Laboratory, Koomey Analytics, against some oft the more dire scenarios that have been took particular issue withl how "several oft-cited yet simplis- energy use will triple or even quadruple within the next decade." These scenarios are too pessimistic, according tot the article, because they are based on extrapolations of Between 2010 and 2018, according to the researchers, increased about twenty-five-fold. But thes same period saw substantial improvements in data centers' computational and storage efficiency. The energy required to power a single byte ofi installed storage capacity declined by an estimated centers to newer centers that use servers more efficiently ness' employees. 16 ECONF FOCUS" SECOND QUARTER*2023 Combined, the efficiencyi improvements and migration have had a huge countervailing effect. Despite the explo- latively (less than 1 percent annually), according to the NEWOPPORTUNITIES FOR RURAL AREAS sive growth in data center services between 2010: and 2018, There are some good reasons to think that data centers will their overall energy usage increased by only 61 percent cumu- bei increasingly built in some of Virginia's less densely popu- Data centers' heavy use of water has also raised concerns. One oft the destinations ofi new investment has been Prince One oft thei issues is that many operators find that they can William County, Va., which isi further from Washington, cut costs by using water-based evaporative cooling systems D.C., than Loudoun and Fairfax counties. "Prince William lated areas. Indeed, thei industry is starting to feel some constraints oni its growth in Loudoun and: Fairfax. County is thel beneficiary ofa a whole lot ofi investment," says Levi. "Loudoun is running out ofl land suitable for data center projects, and costs are getting high." Thei industry's efforts to seek alternative energy sources may also prove to be a boon for rural areas. According to Levi, "Solar farms are being developed to provide power for Microsoft, for one, has been making major solar and data center commitments in rural Virginia. In 2018, it announced thej purchase of 315 megawatts of energy from two solar and II, in what has been described as the largest corporate Rural Virginia has also benefited from firms' investments in facilities to manufacture capital equipment for the data centeri industry. A prime example is Airedale by Modine, which built a manufacturing plant in Rockbridge County int the Shenandoah Valley to produce air chillers for data general manager for data centers in North America. This sort of spillover effect comes above and beyond high-paying jobs and tax payments. Of course, that does not mean that data centers are goingt to be welcomed in every community. Neighbors in Manassas, for instance, complain researchers. instead of systems that rely solely on clectricity. While the water usage problem is most glaringi in the drought- prone West, it also exists in thel East. Several years back, for example, Google made a permit request to remove 1.5 million gallons of water daily from a depleted aquifer to cooli its growing data center operations in Goose Creek, effect onl local groundwater supplies. After two years of negotiation, Google got the go-ahead for a substantially The data center industry has taken notice of concerns the firm's new facility in Boydton, Va., andi its proximity ects. Thel largest firms - AWS, Google, and Microsoft - have also made steps toward reducing their water usage. through new cooling technologies, including free-air and From an economic perspective, these stories raise al big ciently ifthey are priced to1 reflect the resources' marginal costs tot thes society. Yet, historically, water has been under- development officer for research at thel Lawrence Berkeley Lab's Earth & Environmental. Sciences Area. As Ajami sees it, progress toward more efficient water S.C. The permit was opposed by the South Carolina Coastal data centers. You can't! build many solar farms inl Loudoun Conservation league, which was concerned about the plan's County with any scale, there's just not enough land, it's too expensive." scaled back usage plan. about its resource usage. Microsoft's Suzie. Adams has touted facilities in Spotsylvania County, known as Pleinmont: I to" "green-friendly" hydroelectric and nuclear power feeds. purchase of solar energy in U.S. history. More recently, the AWS has entered into a long-term agreement with) Dominion company filed for permits to further expand its data center Energy to purchase energy from several solar energy proj- footprint ini Mecklenburg County, immersion cooling. question: What ist the role of market prices? Economic theory centers. "Our clients around Data Center Alley really value says that resources. such as power and water willl be used effi- the fact that we are close by," says Robert Bedard, the firm's priced ini the United States, according tol Newsha Ajami, chief thel benefits that data centers can provide through their usage will require action by localities to make sure that their about the constant humming sound from the facilities' cool- water resources are allocated in a manner that reflects the ing systems, while some: residents of Prince William County resources' true marginal costs. "T think local awareness is are pushing for aj pause in new data center development extremely important," she says. "Communities need to make pending as study of its effects on the Occoquan Reservoir, sure that they properly account for a data centers' short- and which supplies drinking water to over 2 million people. For long-run water footprints before they issue construction "Data Center and Manufacturing' Incentives: Economic appropriately situated locales with ample water resources, however, their allure is likely to continue. EF Siddik, Md Abu Bakar, Arman Shehabi, and Landoni Marston. permits." READINGS June 2019. Development Incentives Evaluation Series." Report oft the. Joint "The Environmental Footprint ofl Data Centers in the United Legislative Audit and Review Commission,JLARC: Report 518, States." Environmental. Research. Letters, May 2021,vol.16, Jonathan) Koomey. Recalibrating Global Data Center) Energy-Use Virginia."N Northern Virginia Technology Council, March 2022, no. 064017, pp.1 1-11. Masanet, Eric, Arman Shehabi, Nuoal Lei, Sarah Smith, and Estimates." Science, Feb. 28, 2020, vol. 367, no. 6481, pp. 984-986. "The Impact ofI Data Centers on the State andi Local Economies of ECON FOCUS SECOND QUARTER +2023 17 ATTACHMENTI GREENSVILLE COUNTY BOARD OF SUPERVISORS RESOLUTION 24-91 ORDINANCE TO ADOPT CHAPTER 25 ZTA-2-2024, TECHNOLOGY OVERLAY DISTRICT WHEREAS, due to the interest of data centers in Southside Virginia, Greensville County WHEREAS, the regulations of the proposed overlay district are intended to supplement and modify the regulations of the primary districts in order to achieve the special purposes oft this proposed Technology Overlay District, which is to provide regulations that will mitigate any IT IS HEREBY ORDAINED, by the Greensville County Board of Supervisors that Chapter 25, Technology Overlay District Ordinance, presented by staff is approved and reads as is proposing a Technology Overlay District Ordinance; and possible nuisances to surrounding property; follows: Article 25 Technology Overlay District 25-1 Purpose and Intent. The Technology Overlay District (TOD) is hereby created for the purpose of promoting the development oft technology centers in areas oft the County where existing or proposed infrastructure could adequately support the proposed uses. By their nature, these uses may require sizable acreage, often operating and designed in a campus like atmosphere, and are developed with ai functional separation from dense residential and commercial retail development. The TOD furthers the County's efforts to attract and advance high-tech industrial development while limiting the impacts on the community. The TOD may be designated by the Board of Supervisors ("BOS") asa an overlay of existing zoning districts, regardless of classification. 25-2 Establishing a Technology Overlay District (1) Size and Location: Lands in the TOD shall encompass a minimum of one hundred twenty-five (125) contiguous acres as part ofa TOD campus. Properties in the TOD shall be located in close proximity to high voltage power transmission lines of115kv or more. Additionally, parcels in the TOD shall be located on lands which can be served by adequate infrastructure, including public water and sewer (or other suitable ground water and septic systems), and a road network with acceptable capacity that can serve the TOD's intended (2)TOD Adoption: The TOD boundaries and any future amendments shall be created by the BOS and amended by ordinance upon adoption by the BOS based on boundaries (3)TOD Overlay/Zoning: The TOD shall overlay the existing zoning district and impose additional restrictions on the use of the property. The regulations and requirements of the underlying zoning district and the TOD shall both apply, provided however, that when the regulations applicable to the TOD conflict with the regulations of an underlying zoning uses expressed herein. established by the Technology Overlay District map. district, the TOD regulations shall supersede and apply. If the TOD is silent on a development condition or matter, and the underlying zoning district is not silent on said (4) TOD Design Standards: TOD facilities shall meet the following design guidelines: condition or matter, then the TOD shall govern. (A) Principal Building Facades: (1) Principal Building facades shall include all building facades substantially visible to adjacent public roads and streets. When a building has more than one principal facade, such principal building facades shall be consistent in terms of design, materials, details, and treatments. Principal building facades associated with new construction within the TOD shall meet the following standards: (A) Principal building facades shall avoid the use of uniform surfaces by including at least two (2) of the following design elements: i. change in building height. ii. building step-backs or recesses. the building elevations). V. use of accent materials. iti. fenestration (the arrangement of windows and doors on iv. change in building material, pattern, texture, color; or (B) Buildings not visible from adjacent roads or properties due to buffering shall not be required to have differentiated design elements. (C) Building Facade Material Requirements. (i.) The following primary and second materials are permitted and to include: a tinted textured masonry block, pre-cast concrete, tilt-up concrete panels with brick finish or stone facing, glass, stucco and external insulation finish system that simulates a stucco appearance, fiber-cement siding, metal panel systems, structural metal siding, wood (ii.) Precast concrete must contain other materials embedded within and articulated with design detailing or have application of other building materials to create design interest. (ii) Notwithstanding anything to the contrary herein, the BOS may approve alternative building facades and features, and building facade materials. siding and smooth faced concrete blocks. (B) Screening of Accessory Equipment: (1) To minimize visibility from adjacent public roads and adjacent properties, ground level and rooftop accessory equipment shall be: screened from public roads and streets abutting residentially zoned or planned properties. This screening may be provided by a principal building or existing vegetation that will remain on or is within a landscaping/bufter easement on an adjacent property. Accessory equipment not screened by a principal building or existing vegetation shall be screened by a visually solid fence, screen wall or panel, parapet wall, or other visually solid screen that shall be constructed ofmaterials compatible with those used in the exterior construction of the principal building. Notwithstanding the requirements of this section, accessory equipment located in a manner found to have no adverse impact on adjacent roads and adjacent properties, as determined by 2)Notwithstanding anything to the contrary herein, this Section 4 shall not apply to permitted accessory uses, including without limitation electric the BOS, shall not be required tol be screened. substations, transmission, and distribution facilities. (C)Landscaping: (1) A minimum of twenty (20) percent open space shall be maintained for each group ofcontiguous parcels within the TOD, inclasiveofundeveloped land wetlands, steep slopes, stormwater areas, or water left in undisturbed, open condition or developed as a landscaped or buffer area for buildings, streets or parking lots, areas used primarily for resource protection or (2)Ifcreated, individual parcels within the TOD are required to submit a recreational purposes. landscaping plan with a site plan. (3) Required landscaping is to be maintained in perpetuity. (1) All buffers shall bei inclusive ofrequired setbacks. (D) Perimeter Buffers: (2). All roads and utility rights-of-ways and easements are permitted to cross all TOD buffered areas. Stormwater management features are prohibited in (3) Bufferyard plantings shall be designed to minimize visual impacts from adjacent public roads and streets and properties. Notwithstanding the requirements ofthis section, use ofn natural topography and preservation of existing vegetation, supplemented by new vegetation, if needed, or on the outside of a six-foot-tall solid fence, may be substituted for the above requirements when found by the BOS to provide minimal visual screening the buffer areas, except by waiver approved by the BOS. from adjacent land uses. (4) Buffers shall be shown on the TOD campus buffer and landscape plan and on any individual site plans when the buffera area is part ofani individual lot or multiple lots for which the site plan was submitted. (5) Minimum Buffering Requirements: (1) Adjacent to Residential and Agricultural District Uses. Minimum buffer area shall be three hundred (300) feet. (2). Adjacent to Commercial and Industrial District Uses. Minimum buffer area shall be three hundred (300) feet. (3) Adjacent to Primary Public Roads. Minimum buffer area shall be three hundred (300) feet. Primary public roads include Interstate 95, Route 301, Route 58, and Route 397. (4). Adjacent to Secondary Public. Roads. Minimum buffer area shall be three hundred (300) feet. Secondary Public Roads are all roads (5)TOD, Internal Parcel Buffers. Where multiple parcels within the TOD are included in a development master plan, buffer requirements shall not apply to internal parcel lines. Where internal parcels lines intersect with perimeter parcel lines, the TOD not defined as primary roads. perimeter buffer regulations shall apply. (E) Noise: Specific sound levels ini the TOD shall be governed by the provisions in Chapter 15 of the Greensville County, Virginia Code of Ordinances. Notwithstanding anything to the contrary in chapter 15, TOD decibel levels shall not exceed the following: Daytime Level: 65dB. Nighttime Level: 60dB. (F) Minimum Lot Sizes: There is no minimum lot size applicable to the TOD. (G) Fencing: (1) Fencing oft the property improvements shall be located inside the buffer area. roads shall be deemed to have a right-of-way of at least 50 feet and setbacks should be measured accordingly from the edge ofthe right of way. (1) Adjacent to Primary Public Roads. No buildings shall be permitted closer than three hundred (300) feet. Primary public roads include routes (2) Adjacent to Secondary Public Roads. Minimum setback shall be three hundred (300) feet. Secondary Public Roads are all roads not defined as primary roads. All roads shall be deemed to have a right-of-way ofat least (H) Setback Requirements: (insert route numbers) and all right-of-way. 50: feet and setbacks should be measured accordingly from the edge of the (3) Adjacent to Residential and Agricultural District Uses. No building, parking, outdoor storage areas for collection of refuse, or loading area shall be permitted closer than three hundred (300) feet from any residential or planned residential district, or development zone allowing residential (4). Adjacent to Commercial and Industrial Districts. No buildings, parking, outdoor storage or loading areas shall be permitted closer than three hundred (300) feet from commercial or industrial use districts. (5) Setbacks Between Buildings. Within the TOD where individual lots or building sites are provided, the minimum setback between buildings on adjacent lots or building sites shall be twenty-five (25) feet, unless a waiver of this requirement is approved by the BOS. Driveways, parking, and covered entrances may be within the aforesaid setback area; however, no such facility may be closer than five (5) feet to any adjoining lot line. Covered walkways connecting buildings, or connecting buildings with right-of-way. development, or agricultural land. parking areas, shall be permitted in such setback areas. (I)E Building Height: (1) Eighty (80) feet from the vertical dimension ofa a structure as measured from the average elevation of the finished grade at the front line of the building to the highest point of the roof of a flat roof, the deck line ofa mansard roof, or the mean height level between eaves and ridge (mid-line ofthe roof) for a gable, hip, or gambrel roof. This height limitations shall not apply to parapets, screening, spires, belfries, cupolas, antennas, communication towers, air cooling ventilation equipment, ventilators, or other appurtenances usually required to be placed on the rooflevel and not intended for human occupancy nor doesi it apply to any utility infrastructure facility. Electric transmission, distribution and substation facilities, and towers (water or other) shall be excluded from the maximum height requirements. A: special exception permit to exceed the maximum building height regulations provided herein may be granted by the BOS. (J) Lighting Requirements: (1) Fully shielded lighting fixtures shall be used in all areas. Lighting shall not exceed .50 foot-candles as measured from the property line. Lighting that is exempt from these requirements includes temporary lighting and lighting provided for emergency or safety purposes as required by: the Building Code, Electric Code, or otherwise within the County Code. Signage related to the authorized uses shall not be illuminated. (2) Parking lot, access and security lighting shall not exceed a height of thirty (30) feet. (3) Pedestrian and walkway lighting structures shall not exceed a height of (4): Security Entrance Gates: A minimum illumination of3 foot-candles (30 lux) is required to support safe and secure operation oft the gate area. twelve (12) feet. 25-3 Permitted Uses: (1) The following uses are permitted by right in the TOD, subject to the requirements and limitation provided under this ordinance section: a. Technology College, University, or Technical School b. Conference or training center c. Data centers d. Technology research and development facility e. Technology capital intensive advanced manufacturing facility g. Utility service, minor (2) The following uses are permitted by the issuance ofa Special Use Permit in the TOD, subject to the requirements and limitation provided under this ordinance section: a. Utility service, major. Utility scale solar energy generating facilities producing two MW or more ofelectricity which powers uses within the TOD site boundaries. Utility Scale solar facilities constructed to power the uses within the TOD site boundaries must obtain a Special Use Permit from the Board of Supervisors and must conform to ARTICLE: 24: Solar Facilities. 25-4 Accessory Permitted Uses: The following ancillary uses, which support permitted uses expressed above under Section 25-3, are hereby authorized and by right in the TOD. Accessory permitted uses that are deemed utility facilities subject to the provisions oft the Zoning Ordinance and must be in substantial accord with the relevant provisions of the county comprehensive plan ora applicable element thereof. Notwithstanding this provision, facilities that are by-right uses shall be deemed substantially in accord with the comprehensive plan. a. water treatment plant, public or privately owned. b. sewage treatment plant, public or privately owned. C. elevated water storage tank or tower d. telecommunications tower e.district heating or cooling facility f.energy storage facility hi food service facility g. energy generating facility other than solar i.s security building k. structured parking I.g general office j.s general storage and maintenance facility m. other Ancillary uses approved by the BOS. GREENSVILLE COUNTY TECHNOLOGY OVERLAY DISTRICT Legend Electrical Transmission Lines 115 KV and 230 KVI lines run parallel in same Right-of-Way north of Brunswick Road Substation VOLTAGE 115 230 500 Technology Overlay District Parcels Tax Parcels ADOPTED this 3rd day of June, 2024. SUPERVISORS Belinda Astrop James Brown William Cain Tony Conwell YEA NAY ABSTAIN ABSENT The undersigned hereby certifies that the foregoing is an accurate account of the vote taken at a duly convened meeting oft the Greensville County Board of Supervisors on June 3, 2024, at which aquorum was present at the time the meeting was convened and at the time said vote was taken. Dr. Charlette T. Woolridge, Clerk ATTACHMENT! K COUNTY OF GREENSVILLE BUILDING AND PLANNING DEPARTMENT TO: FROM: RE: DATE: The Honorable Board of Supervisors Linwood E. Pope, Jr., Director ofl Planning Bor Planning Commission Report - ZTA-1-24 County of Greensville May 22, 2024 The Greensville County Board ofSupervisors, att their. January 2, 2024, meeting, adopted Resolution 24-55 which tasked the Planning Department with removing utility scale solar language from the Greensville County Comprehensive Plan as well as the Greensville County Zoning Ordinance as Greensville County has approved five utility scale solar projects to date. These projects include Sadler Solar, Pumpkinseed Solar, Fountain Creek Solar, Greensville Solar and Jarratt Solar. Oneof the approved projects have completed construction and three additional projects are nearing completion. Jarratt Solar is the only project that has not begun construction. These five approved In addition to the five approved projects, Greensville County currently has applications for four additional utility scale solar projects. These include: County Line Solar, Rosalind Solar, Emporia shown in the attached document. projects take up approximately 3,000 acres ofl land in Greensville County. Solar and Purdy Solar. Staff Comments In 2019, Greensville County adopted Article 24: SOLAR FACILITIES. The purpose of Article 24 was to establish requirements for construction and operation ofs solar facilities and toj provide standards for the placement, design, construction, monitoring, modification, and removal ofs solar facilities; address public safety, minimize impacts on scenic, natural, and historic resources; and The Greensville County Comprehensive Plan, "Greensville 2040", was adopted on March 6, 2023. A Comprehensive Plan isa a guiding document for long-range planning and: future development ofa locality. The Plan is the County's guide to the future and will be used to inform County staff and elected officials as they make decisions meant to serve the interests of the County. The Plan describes the community'svisiont for wherei it wants tol bei ini thei next 20 years, along with strategies to achieve the community's goals. The strategies are based on community values that foster sustainable growth and enhance community character to create ai more vibrant future for Greensville Nowi that one utility scale solar project has completed construction and three additional projects are nearing completion, the Greensville County Board of Supervisors wishes to remove utility scale provide adequate financial assurance for decommissioning. County. solar from both the comprehensive plan and the zoning ordinance. Planning Commission recommends addingthef following language to Article 24-3: Zoning Districts: Utility-scale solar facilities may only be installed on property on which a business or industry is operated, on the condition that the electricity generated serve operations only on the property on which the utility-scale solar facility and business or industry's activities are operated, and subject to the proposed operator securing a Special Use Permit, and securing all other local and state approvals and actions required. Utility scale solar facilities constructed as an accessory use within an approved Technology Overlay District are allowed with the issuance ofa Special Use Permit and must conform to Article 24 oft the Greensville County Solar Ordinance and must secure Planning Commission recommends removing the following language from Article 24-3: all other local and state approvals and actions required. Zoning Districts: Utility-scale solar facilities 5MW or less are: not allowed in any zoning district throughout the County. Utility Scale solar facilities greater than 5MW may be permitted by Special Use Permit (SUP) only in the A-1 zoning district. (Amended September 7, 2021) During their May 14, 2024, meeting, the Planning Commission received this report from Linl Pope, Director ofl Planning. After discussion, the Planning Commission voted five to one to amend the language in Article 24-3: Zoning Districts as per Staff comments as noted in this report. 2 ARTICLE2 24 SOLAR FACILITIES 24-1 Statement ofIntent The purpose of this section is to establish requirements for construction and operation of solar facilities and to provide standards for the placement, design, construction, monitoring, modification, and removal of solar facilities; address public safety, minimize impacts on scenic, natural, and historic resources; and provide adequate financial assurance ford decommissioning. 24-2 Applicability This article shall apply to all solar facilities permitted after the effective date of this article, including any physical modifications to any existing solar facilities that materially alter the type, configuration, or size of such facilities or other equipment. 24-3 Zoning districts (a) Small-scale solar facilities may be installed by-right in all zoning districts to provide electricity toi individual structures; provided a sitej plan (as applicable)hasl been submitted to the zoning administrator for review and approval; all Federal, State and Local regulations have been followed; and the system is located upon the property or structure (b) Medium-scale solar facilities may be installed by-right in commercial and industrial zoning districts to provide electricity to individual structures; provided a site plan (as applicable) has been submitted to the: zoning administrator for review and approval; all Federal, State and Local regulations have been followed; and the system is located upon (c) Any commercial ori industrial solar facility installed upon a roof top shall submit a site plan to the: zoning administratorand an engineering study tot the Building Official Office (d) Utility-scale solar facilities may only bei installed on property on which a business or industry is operated, on the condition that the electricity generated serve operations only on the property on which the utility-scale solar facility and business or industry's activities are operated, and subject to the proposed operator securing a Special Use Permit and securing all other local and state approvals and actions required. (e) Utility scale solar facilities constructed as an accessory use within an approved Technology Overlay District are allowed with the issuance ofa Special Use Permit and must conform to Article 24 oft the Greensville County Solar Ordinance and must secure -WiliyselesolarinlesMNalessereatalboetingdistiet hroughow-he-Ceany-Vilily-SealeselesolarnelliesgesgreserhmsMW-may-bepermitted being served. the property or structure being served. forreview. all other local and state approvals and actions required. 3 5A.RA.9-R At-wN September7 () Utility-scale solar facilities should locate on brownfields ori near existing industrial uses, (h) The total size ofUtility Scale Solar Projects shall be less than 1,000 acres with noi more than 75% PV panel coverage. Total acreage shall include the acreage under panels, and shall also include all areas within the project boundaries, including areas designated as (i) Utility Scale Solar Projects must locate within onei mile ofan existing transmission lineor () Utility Scale Solar Projects shall not bel located within one and one-half(1.5) I miles from another approved Utility Scale Solar Project. (Amended September 7, 2021) (k) Thei maximum total acreage ofland in Greensville County which may be used forutility scale solar facilities shall be 7,600 acres. (Amended March 7, 2022) (1) The minimum acreage of land which may be used for an individual utility scale solar 2021) where feasible. buffers. (Amended September 7, 2021) an existing distribution line. facility shall be 100 acres. (Amended March 7,2022) 24-4 Applications and procedures In addition to otherrequirements ofthe Greensville County Zoning Ordinance and Supplemental Use Permit requirements, applications for a utility-scale solar facility shall include the following information: (a) Pre-application meeting. Schedule a pre-application meeting with the zoning administratort to discuss thel location, scale, and nature ofthe proposed use and what will (b) Comprehensive Plan Review. A 2232 review by the County is required by the Code of irgila(g15.2-2232) forutility-scale: solar facilities. This Codej provision provides fora review by the Planning Commission of public utility facility proposals to determine if their general or approximate location, character and extent are substantially in accord (c) Supplemental Use Permit (SUP) application. A complete SUP appicationincluding: 1. Documents demonstrating the ownership of the subject parcel(s). 2. Proofthat the applicant has authorization to act upon the owner's behalf. 3. Identification of the intended utility company who will interconnect to the facility. 4. List ofall adjacent property owners, their tax map numbers, and addresses. 5. A description of the current use and physical characteristics of the subject parcels. 6. Ai narrative identifying the applicant, owner or operator, and describing the proposed solar facility project, including an overviewofthe project andi its location, approximate rated capacity of the solar facility project, the approximate number of panels, representative types, expected footprint ofs solar equipment to be constructed, and type be expected during that process. with the Comprehensive Plan or part thereof. 4 and location ofinterconnection to electrical grid. The narrative must identify thei total parcel acreage, the total project acreage (including buffered areas and wetlands)and the total acreage that will have PV coverage. (Amended September 7,2021) 7. A narrative identifying the applicant, owner or operator, and describing the proposed solar facility project, including an overviewofthe) project and its location, approximate rated capacity of the solar facility project, the approximate number of panels, representative types, expected footprint ofsolare equipment tol be constructed, and type 8. Aerial imagery which shows the proposed location of the solar facility, fenced area, driveways, and interconnection to electrical grid with the closest distance to all adjacent property lines and dwellings along with main points ofi ingress/egress. 9. Payment ofthe application fee and any additional review costs, advertising, or other (d) Concept plan. A concept plan prepared by an engineer with aj professional engineering license in the Commonwealth of Virginia, that shall include thei following: and location ofinterconnection to electrical grid. required stafftime. 1. Ad description of the subject parcels. 2. Property lines and setback lines. 3. Existing and proposed buildings andstructures; including preliminary locations softhe proposed solar panels and related equipment; the location of proposed fencing, driveways, internal roads, and structures; and the location of points ofingress/egress. 4. The location and nature of proposed buffers and screening elements, including vegetative and constructed buffers. 6. A landscaping maintenance plan. 5. A grading plan. 7. Existing and proposed access roads, drives, turnout locations, and parking. 8. Location of substations, electrical cabling from the solar facility systems to the substations, ancillary equipment, buildings, and structures including those within any 10. Fourteen sets (11"x 17" or larger), one reduced copy (8%2"x 11") and one electronic copy oft the concept plan, including elevations and landscape plans asi required. 11. Additional information may be required as determined by the zoning administrator, such as a scaled elevation view of the property and other supporting drawings, photographs ofthe proposed site, photo or other realistic simulations or modeling of the proposed project from potentially sensitive locations as deemed necessary by the zoning administrator to assess the visual impact of the project, landscaping and screening plan, coverage map, and additional information that may be necessary fora applicable setback. 9. Fencing or other methods of ensuring public safety. technical review of the proposal. (e) Concept plan compliance. The facility shall be constructed and operated in substantial compliance with the approved Concept Plan, with allowances for changes required by the Virginia Department of Environmental Quality (DEQ) Permit by Rule (PBR). process. () Decommissioning plan. A deaieddcommisioming plan, certified by an engineer, which shall include the following: 1. The anticipated life of the project; 2. The estimated decommissioning cost in current dollars; 5 3. How the estimate was determined; 4. The method of ensuring that funds will be available for decommissioning and 5. The method that the estimated decommissioning cost will be kept current; and 6. The mannerin which the project will be decommissioned and the site restored. The applicant shall provide a cost estimate for the decommissioning of the facility that shall be prepared by a professional engineer or contractor who has expertise in the removal oft the solar facility. The decommissioning cost estimate shall explicitly detail the cost and shall include a mechanism for calculating increased removal costs due to inflation and without any reduction for salvage value. This cost estimate shall be recalculated every five (5)years and the surety shall be updated accordingly. (g) Aj proposed method of providing appropriate escrow, surety or security for the cost oft the (h) Traffic study submitted with application. modelling the construction and decommissioning processes. County staff will review the study in cooperation with VDOT. removal; decommissioning plan. (i) An estimated construction schedule. () Wetlands, waterways, and floodplains shall be inventoried, delineated, and avoided. (k) Environmental inventory and impact statement regarding any site and viewshed impacts, including direct and indirect impacts to national and state forests, national or state parks, wildlife management areas, conservation easements, recreational areas, or any known historic or cultural resources within three (3)miles ofthe proposed project. (1) A visual impact analysis demonstrating project siting and proposed mitigation, ifnecessary, sO that the solar facility minimizes impact on the visual character of the County. 1.The applicant shall provide accurate, to scale, photographic simulations showing the relationship ofthe solar facility and its associated amenities and development to its surroundings. The photographic simulations shall show such views ofs solar structures from locations such as property lines and roadways, as deemed necessary by the County in order to assess the visual impact oft the solar facility. 2. The total number of simulations and the perspectives from which they are prepared shall be established by the zoning administrator after the pre-application meeting. 6 24-5 Neighborhood meeting (a) A public meeting shall be held prior to the public hearing with the Planning Commission to give the community an opportunity tol hear from the applicant and ask 1. Thea applicant shall inform the zoning administrator's Office and adjacent property owners in writing of the date, time and location oft the meeting, at least seven but 2. The date, time and location of the meeting shall be advertised in the County's newspaper ofi record by the applicant, at least seven but no more than 14 days, in 3. The meeting shall be held within the County, at a location open to the general public with adequate parking and seating facilities which may accommodate 4. Ther meeting shall give members oft the public the Ppentuniyprpioaplutimn materials, ask questions oft the applicant and provide feedback. 5. The applicant shall provide to the zoning administrator summary of any input received from. members oft the public at the meeting. questions regarding the proposed project. no more than 14 days, in advance ofthe meetingdate. advance of the meeting date. persons with disabilities. 24-6 Minimum development standards (a) Provide an inventory of all solar facilities - existing or proposed - within a four (4) (b) A utility-scale solar facility shall be constructed and maintained in substantial (c) The minimum setback from the fencing to all exterior property lines shall be 1501 feet. (d) The maximum height ofthe lowest edge of the photovoltaic panels shall be 10 feet as measured from the finished grade. The maximum height of primary structures and accessory buildings shall be 151 feet as measured from the finished grade at the base of the structure to its highest point, including appurtenances. The Board of Supervisors may approve a greater height based upon the demonstrationofas significant need where (e) The facilities, including fencing, shall be significantly screened from the ground-level view of adjacent properties by a buffer zone at least 100 feet wide that shall be landscaped with plant materials consisting of an evergreen and deciduous mix (as approved by County staff), except to the extent that existing vegetation or natural land forms on the site provide such screening as determined by the zoning administrator. In the event, existing vegetation orl land forms providing the screening are disturbed, new plantings shall be provided which accomplish the same. Opaque architectural fencing may be used to supplement other screening methods but shall not be the primary () Thei facilities shall be enclosed by security fencing ont the interior ofthe buffer area (not to be seen by other properties) not less than six (6) feet in height and topped with mile radius. compliance with the approved concept plan. the impacts ofincreased height aremitigated. method. 7 razor/barbed wire, as appropriate. A performance bond reflecting the costs of anticipated fence maintenance shall be posted and maintained. Failure to maintain the security fencing shall result in revocation of the SUP and the facility's (g) Ground cover on the: site shall be native vegetation and maintained in accordance with the Landscaping Maintenance Plan in accordance with established performance measures. A performance bond reflecting the costs of anticipated landscaping maintenance shall be posted and maintained. Failure to maintain the landscaping shall result in revocation of the SUP and the cllysdecommisioninge Incorporation of native plant species that require no pesticides, herbicides, and fertilizers or the use of pesticides and fertilizers with low toxicity, persistence, and bioavailability is recommended. The operator shall notify the County prior to application of pesticides and fertilizers. The County reserves the right to request soil and water testing. (h) The Applicant shall identify access corridors for wildlife to navigate through the Solar Facility. Thej proposed wildlife corridors shalll be shownont the site plan submitted tot the County. Areas between fencing shall be kept open to allow for the movement of (i) The design of support buildings and related structures shall use materials, colors, textures, screening and landscaping that will blend the facilities to the natural setting The owner or operator shall maintain the solar facility in good condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the equipment and structures, as applicable, and maintenance of the buffer areas and landscaping. Site access shall be maintained to a level acceptable to the County. The project owner shall be responsible for the cost of maintaining the solar facility and access roads, and the cost ofrepairing damage to private roads occurring as a result of (k) A utility-scale solar facility shall be designed and maintained in compliance with standards contained ina applicable local, state and federal building codesa and regulations (I) Autility-scale solar facility shall comply with all permitting and other requirements of (m) The applicant shall provide] proofofadequate liability insurance foras solar facility prior tol beginning construction and before the issuance ofa zoning or building permit to the (n) Lighting fixtures as approved by the County shall bet the minimum necessary forsafety and/or security purposes toj protect the night sky by facing downward and to minimize off-site glare. No facility shall produce glare that would constitute a nuisance to the public. Any exceptions shall be enumerated on the Concept. Plan and approved by the (0) No signage ofany type may bej placed on thei facility other than notices, warnings, and decommissioning. migratory animals and other wildlife. and surrounding structures. construction and operation. that were in force at the time of the permit approval. the Virginia Department of Environmental Quality. zoning administrator. zoning administrator. identification information required by law. 8 (p) All facilities must meet or exceed the standards and regulations ofthel Federal Aviation Administration ("FAA"), State Corporation Commission ("SCC") or equivalent, and any otheragency ofthe local, state or federal government with the authority toi regulate (q) Any other condition added by the Planning Commission or Board of Supervisors as such facilities that are in force at the time oft the application. part ofa SUP approval. 24-7 Decommissioning The following requirements shall bei met: (a) Solar facilities which have reached the end of their useful life or have not been in active and continuous service for a period of one (1) year shall be removed at the owner's or operator's expense, except if the project is being repowered or a force majeure event has or is occurring requiring longer repairs; however, the County may require evidentiary support that a longer repair period is necessary. (b) The owner or operator shall notify the zoning administrator by certified mail and in person oft the proposed date ofc discontinued operations and plans forremoval. (c) Decommissioning shall include removal of all solar electric systems, buildings, cabling, electrical components, security barriers, roads, foundations, pilings, and any other associated facilities, SO that any agricultural ground upon which the facility and/or system was located is again tillable and suitable for agricultural or forestall uses. The site shall be graded and re-seeded to restore it to as natural a pre- development condition as possible or replanted with pine seedlings to stimulate pre- timber pre-development conditions as indicated on the Preliminary Site Plan. Any exception tos site restoration, such asl leaving access roadsi inj place or seeding instead of planting seedlings must be requested by the land owner in writing, and this request must be approved by the Board of Supervisors (other conditions might be more (d) The sites shall be re-graded and: re-seeded or replanted within 12 months ofi removal of solar facilities. Re-grading and re-seeding or replanting shall bei initiated withinas six- (e) Decommissioning shall be performed in compliance with the approved decommissioning plan. The Board of Supervisors may approve any appropriate (f) Hazardous material from the property shall be disposed ofin accordance with federal (g) The estimated cost ofdecommissioning shall be guaranteed by the deposit offundsi in an amount equal to the estimated cost in an escrow account at a federally insured beneficial or desirable at that time). month period ofremoval of equipment. amendments to or modifications ofthe decommissioning plan. and state law. financial institution approved by the County. 9 1. The applicant shall deposit the required amount into the approved escrow account before any building permit is issued to allow construction of the solar facility. 2. The escrow account agreement shall prohibit the release of the escrow funds without the written consent ofthe County. The County shall consent to thei release of the escrow funds upon on the owner's or occupant's compliance with the approved decommissioning plan. The County may approve the partial release of escrow funds as portions of the approved decommissioning plan are performed. 3. The amount of funds required to be deposited in the escrow account shall be the fullamount ofthe estimatedd decommissioning cost without regard tot thej possibility 4. The owner or occupant shall recalculate the estimated cost of decommissioning every five years. Ifthe recalculated estimated cost of decommissioning exceeds the original estimated cost of decommissioning by ten percent (10%), then the owner or occupant shall deposit additional funds into the escrow account to: meet the new cost estimate. If the recalculated estimated cost of decommissioning is less than ninety percent (90%)ofthe original estimated cost ofdecommissioning, then the County may approve reducing the amount of the escrow account to the 5. The County may approve alternative methods tos secure the availability offunds to pay for the decommissioning: ofautility-scale: solar facility,suchas: aj performance bond, letter of credit, or other security approved by the County. ofsalvage value. recalculated estimate of decommissioning cost. (h) If the owner or operator of the solar facility fails to remove the installation in accordance with the requirements of this permit or within the proposed date of decommissioning, the County may collect the surety and the County or hired third party may enter the property toj physically remove thei installation. 24-8 Coordination of local emergency services Applicants for new solar facilities shall coordinate with the County'semergency services staff to provide materials, education and/or training to the departments serving the property with emergency services in how to safely respond to on-siteemergencies. 24-9 Conditions (a) The Board of Supervisors may consider conditions addressing a proposed solar facility, including, but not limited to, thei following: 1. Asolar facility shall be constructed, maintained, and operated ins substantial compliance with: i. The development standards under this article. ii. The approved concept plan. iii. Any other conditions imposed pursuant to a Supplemental Use Permit. 2. The Supplemental Use Permit shall require the applicant to submit an erosionand sediment control plan for review by the County or by a qualified third party, however, the third-party review: shall not supersede any requirementsimposed by state agencies. The applicant shall construct, maintain, and operate the solar facility in compliance with the approved plan. 10 3. The Supplemental Use Permit shall require the applicant to submit a stormwater management plan for review by the County or by a qualified third party. The applicant shall construct, maintain, and operate the solar facility in compliance 4. Thea applicant shall pay a supplemental application feet to covert the reasonable: and actual cost of any review of the erosion and sediment control plan or the 5. Ift the solar facility does not receive a building permit within thirty-six (36) months of approval of the Supplemental Use Permit, the Permit shall be 6. Ifthes solar facility is declared tol be unsafe by the: zoning administratororb building official, the facility must be in compliance within fourteen (14) days or the Supplemental Use Permit shall be terminated, and system removed from the 7. The owner and operator shall give the County written notice of any change in ownership, operator, or Power Purchase Agreement within thirty (30) days. with the approved plan. stormwater plan by a qualified third party. terminated. property. 11 ATTACHMENTL GREENSVILLE COUNTY BOARD OF SUPERVISORS RESOLUTION 24-92 PROJECTS AS Al PERMITTED USE AMENDING ZONING ORDINANCE TO REMOVE UTILITY SCALE SOLAR WHEREAS, at the January 2, 2024, meeting of the Greensville County Board of Supervisors ("Board"), the Board adopted Resolution 24-55 directing the Planning Commission to consider amendments to the County's Zoning Ordinance which would remove utility-scale solar facilities as a permitted use in any zoning district in the County, with or without a Special Use Permit; and WHEREAS, the Board will consider one exception, namely, permitting utility-scale solar facilities on property on which a business or industry is operated, on the condition that the electricity generated serve operations only on the property on which the utility-scale solar facility and business' or industry's activities are operated, and subject to the proposed operator securing a Special Use Permit, and securing all other local and state approvals and actions required; and WHEREAS, because the County Line Solar Project has secured 2232 approval, the Board's intent is to let that Project continue through the zoning approval process, even if the contemplated zoning amendments are made before that Project secures a Special Use Permit; and WHEREAS, the foregoing paragraph is not intended as assurance that a SUP will be approved for the County Line Solar Project; instead, the Board will make a determination as to whether a Special Use Permit should be approved for that Project; and WHEREAS, it is the Board's intent that if the zoning amendments under consideration are implemented, that no solar projects other than the County Line Solar Project will be considered for approval ofa Special Use Permit; and WHEREAS, On May 14, 2024, at their regularly scheduled meeting, the Planning Commission, on a 5-1 vote recommended amendments to the County's Zoning Ordinance which would remove utility-scale solar facilities as a permitted use in any zoning district in the County, with or without a Special Use Permit with one exception, namely, permitting utility-scale solar facilities on property on which a business or industry is operated, on the condition that the electricity generated serve operations only on the property on which the utility-scale solar facility and business' or industry's activities are operated, and subject to the proposed operator securing a Special Use Permit, and securing all other local and state approvals and actions required; THEREFORE, IT IS HEREBY ORDAINED, by the Greensville County Board of Supervisors that utility-scale solar facilities as a permitted use in any zoning district in the County, with or without a Special Use Permit is hereby removed from the County's Zoning Ordinance subject to the exceptions noted above. ADOPTED this 3rd day of June, 2024. SUPERVISORS Belinda Astrop James Brown William Cain Tony Conwell YEA NAY ABSTAIN ABSENT The undersigned hereby certifies that the foregoing is an accurate account ofthe vote taken at a duly convened meeting of the Greensville County Board of Supervisors on June 3, 2024, at which a quorum was present at the time the meeting was convened and at the time said vote was taken. Dr. Charlette T. Woolridge, Clerk GREENSVILLE COUNTY BOARD OF SUPERVISORS RESOLUTION 24-92 PROJECTS AS A PERMITTED USE AMENDING ZONING ORDINANCE TO REMOVE UTILITY SCALE SOLAR WHEREAS, at the January 2, 2024, meeting of the Greensville County Board of Supervisors ("Board"), the Board adopted Resolution 24-55 directing the Planning Commission to consider amendments to the County's Zoning Ordinance which would remove utility-scale solar facilities as a permitted use in any zoning district in the County, with or without a Special Use Permit; and WHEREAS, the Board will consider one exception, namely, permitting utility-scale solar facilities on property on which a business or industry is operated, on the condition that the electricity generated serve operations only on the property on which the utility-scale solar facility and business' or industry's activities are operated, and subject to the proposed operator securing a Special Use Permit, and securing all other local and state approvals and actions required; and WHEREAS, because the County Line Solar Project has secured 2232 approval, the Board's intent is to let that Project continue through the zoning approval process, even if the contemplated zoning amendments are made before that Project secures a Special Use Permit; and WHEREAS, the foregoing paragraph is not intended as assurance that a Special Use Permit will be approved for the County Line Solar Project; instead, the Board will make a determination as to whether a Special Use Permit should be approved for that Project; and WHEREAS, it is the Board's intent that if the zoning amendments under consideration are implemented, that no solar projects other than the County Line Solar Project will be considered for approval ofa Special Use Permit; and WHEREAS, On May 14, 2024, at their regularly scheduled meeting, the Planning Commission, on a 5-1 vote recommended amendments to the County's Zoning Ordinance which would remove utility-scale solar facilities as aj permitted use in any zoning district in the County, with or without a Special Use Permit with one exception, namely, permitting utility-scale solar facilities on property on which a business or industry is operated, on the condition that the electricity generated serve operations only on the property on which the utility-scale solar facility and business' or industry's activities are operated, and subject to the proposed operator securing a Special Use Permit, and securing all other local and state approvals and actions required; THEREFORE, IT IS HEREBY ORDAINED, by the Greensville County Board of Supervisors that action on the Zoning Text Amendment to remove utility scale solar facilities as aj permitted use in any zoning district in the County, is deferred until the Board's July 1,2 2024, meeting. ADOPTED this 3rd day of. June, 2024. SUPERVISORS Belinda Astrop James Brown William Cain Tony Conwell YEA NAY ABSTAIN ABSENT The undersigned hereby certifies that the foregoing is an accurate account of the vote taken at a duly convened meeting of the Greensville County Board of Supervisors on June 3, 2024, at which a quorum was present at the time the meeting was convened and at the time said vote was taken. Dr. Charlette T. Woolridge, Clerk GREENSVILLE COUNTY BOARD OF SUPERVISORS RESOLUTION 24-92 PROJECTS AS A PERMITTED USE AMENDING ZONING ORDINANCE TO REMOVE UTILITY SCALE SOLAR WHEREAS, at the January 2, 2024, meeting of the Greensville County Board of Supervisors ("Board"), the Board adopted Resolution 24-55 directing the Planning Commission to consider amendments to the County's Zoning Ordinance which would remove utility scale solar facilities as a permitted use in any zoning district in the County, with or without a Special Use Permit; and WHEREAS, the Board will consider one exception, namely, permitting utility-scale solar facilities on property on which a business or industry is operated, on the condition that the electricity generated serve operations only on the property on which the utility-scale solar facility and business' or industry' 's activities are operated, and subject to the proposed operator securing as Special Use Permit, and securing all other local and state approvals and actions required; and WHEREAS, because the County Line Solar Project has secured 2232 approval, the Board's intent is to let that Project continue through the zoning approval process, even if the contemplated zoning amendments are made before that project secures a Special Use Permit; and WHEREAS, the foregoing paragraph is not intended as assurance that a Special Use Permit will be approved for the County Line Solar Project; instead, the Board will make a determination as to whether a Special Use Permit should be approved for that project; and WHEREAS, it is the Board's intent that if the zoning amendments under consideration are implemented, that no solar projects other than the County Line Solar Project will be considered for approval ofa Special Use Project; and WHEREAS, On May 14, 2024, at their regularly scheduled meeting, the Planning Commission, on a 5-1 vote recommended amendments to the County's Zoning Ordinance which would remove utility-scale solar facilities as a permitted use in any zoning district in the County, with or without a Special Use Permit with one exception, namely, permitting utility-scale solar facilities on property on which a business or industry is operated, on the condition that the electricity generated serve operations only on the property on which the utility-scale solar facility and business' or industry's activities are operated, and subject to the proposed operator securing a Special Use Permit, and securing all other local and state approvals and actions required; THEREFORE, IT IS HEREBY ORDAINED, by the Greensville County Board of Supervisors that the Zoning Text Amendment to remove utility-scale solar facilities as a permitted use in any zoning district in the County, with or without a Special Use Permit is hereby denied. ADOPTED this 3rd day ofJune, 2024. SUPERVISORS Belinda Astrop James Brown William Cain Tony Conwell YEA NAY ABSTAIN ABSENT The undersigned hereby certifies that the foregoing is an accurate account of the vote taken at a duly convened meeting of the Greensville County Board of Supervisors on June 3, 2024, at which a quorum was present at the time the meeting was convened and at the time said vote was taken. Dr. Charlette T. Woolridge, Clerk