Established 1692 A enisms Richmond County Board of Supervisors 101 Court Circle P.O. Box 1000 Warsaw, Virginia 22572 (804) 333-3415 FAX (804) 333-3408 www.orichmondya.us TO: Richmond County Board ofs Supervisors FROM: Hope D. Mothershead, County Administrator DATE: June 6, 2025 RE: June Board of Supervisors Meeting Dear Board Members: Please find enclosed the information needed for the June 12th Board of Supervisors Meeting, set to begin at 9:00 A.M. in the County Public Meeting Room. There is no scheduled public hearing for a morning or evening session. Mr. Andrew Packett will join us for a Special Recognition time to present two awards on behalf of The James Monroe Chapter of the Sons of the American Revolution. AGENDA ITEMS 2025 Michael B. Player Award for Excellence - PEMS On May 17h, Peninsula EMS Council held a fun day at Busch Gardens for the members and during an awards ceremony, Mr. Mitch Paulette was awarded the 2025 Michael B. Player Award for Excellence. Information presented during the ceremony is included in your packet. Mitch will now be the PEMS nominee for the 2025 Governor's Award in the same category. Many thanks to Mitch for his dedication to Richmond County and to providing extraordinary service to the citizens. Revenue Anticipation Note for FY26 Representatives from Davenport and Company and Sands Anderson will be present at the June 12th meeting to present results received from four banks on the FY26 revenue anticipation note. Due to the budget decisions made in prior years and the amount of reserve funds that have been accumulated, this loan is not as necessary as in the past, but provides the County a "security blanket" especially during the months wherein taxes are awaiting collection. Amounts considered this year for the note will be $2,000,000 or $2,250,000 with maturity of either a 6 month period or a 12 month period. The FY25 RAN will be paid at 1 Richard E. Thomas J.I David Parr John R. Fidler, Jr. Robert B. Pemberton Lee Sanders Hope D. Mothershead Election District 1 Election District 2 Election District 3 Election District 4 Election District 5 County Administrator the end of June and this loan will be scheduled for a closing at the beginning of July. A copy of the presentation (including comparisons) and the proposed resolution are included in your packet. Starting Salary Scale Adjustments - EMS and Sheriff's Department As discussed during the time of budget approval, the new starting salary scale was reviewed. However, after the budget resolutions were adopted, I skipped over the approval process of the scale included in the packet. In order to finalize this adjustment, I would like to have a motion and approval to use moving forward, effective July 1, 2025. FY26 Appropriation Please find attached the resolution necessary to appropriate the Fiscal Year 2026 Budget. VESCP Focused Local Program Review In November of 2024 we had a program review of the Richmond County Local Program of the Virginia Erosion and Sediment Control Program. A corrective action agreement was issued and the one item that needs to be addressed at the Board level is adjustments to the Erosion and Sediment Control Law noted in the Richmond County Code of Ordinances. Included in your packet is our existing language and the new State Model Ordinance. This model ordinance reflects the newest consolidated ESC/SWM regulation and would require a public hearing for adjustment. Mobile Home Ordinance Review Included in your packet is a copy of the current Mobile Home Ordinance Review. It has been brought to my attention by legal counsel that Richmond County should consider revising Section 154.108(I) since Virginia law generally allows landowners to sell, transfer, rent, or otherwise dispose of their property as they see fit. In addition, Virginia Code Section 15.2-987 (adjusted in 2024) states that "no locality shall enact or enforce an ordinance that prohibits renting a residential dwelling unit for a lease term of 30 consecutive days or longer." 9> With this information in place, I would like to submit the entire Mobile Home Ordinance (dated 1989) to the attorneys for review and recommendations on adjustments. ONGOING PROJECTS VDOT Recreational Trail Project A notice of cancellation is being issued to VDOT on this project. During the scoping phase, the expenses to satisfy the requirements for the TAP grant quickly became more than what was originally planned. The work already completed on the project will allow us to pick up once new funding is available. Coggin Building - Renovation Over the next few weeks, we'll be looking at signage, locking mechanisms on doors and parking to make certain the building is ready once the Commissioners Office and Treasurers Office feel comfortable with a move. 2 EMS Station #2 Following a conversation with ARM Group and the architect, the plans for the Fire Department will be finalized with the 6-8 ft. separation. Next steps are submittal of plans to DEQ, VDOT and County review for the EMS station. Commerce Park EDA Grant Following a final review from EDA = this project will go out to bid. Emergency Radio Infrastructure Awaiting connection to new equipment - following connection, this project will be removed from the list. DHCD - Community Development Block Grant (Scott Town) A meeting is scheduled for June 18th to start the review of the titles on the Scott Town properties. Courthouse Remodel Next step is a meeting with architect, Ken Pope to walk through the existing building and also review comments received from interested parties. Miscellaneous Information $2,588.19 - Cigarette tax received for the month of April, 2025 Many thanks to the Board of Supervisors from County staff for the wonderful luncheon provided on May 21. It's always nice to get away and enjoy lunch with one another. A special thanks also to the EMS department for allowing us to use their space for the luncheon. The Bay Transit Second Quarter FY25 Report is included for your information. Please enjoy the thank you note from RHS AfterProm. All Board members are invited to the Saddlery Foundation Community & Veterans' Memorial Dedication on June 26, 2025 at 5:30 p.m. (invitation included) A copy of the thank you letter written to Correctional Officers is included Dominion Energy will be providing neighbors with updates on the Northern Neck Substation Expansion see postcard included. Board Appointments None As always, please contact us ifyou have additional questions regarding the agenda. 3 Eslablished 1692 A evwisn Richmond County Board of Supervisors 101 Court Circle P.O. Box 1000 Warsaw, Virginia 22572 (804) 333-3415 FAX (804)333-3408 wwwaco,richmondvaus June 12, 2025 RICHMOND COUNTY BOARD OF SUPERVISORS- AGENDA 9:00 A.M. 1. Invocation and Pledge of Allegiance 2. Special Recognitions - Mr. Andrew Packett, The James Monroe Chapter of the Sons of the American Revolution 3. Monthly Staff Reports Richmond County Public Schools VDOT Sheriff/Animal Shelter/NNRJ Chief of Emergency Services Richmond County Volunteer Fire Department Treasurer Commissioner of the Revenue Bulding/Planning/Zoning/Land Use Solid Waste Report 4. Public Comment AGENDA ITEMS 5. 2025 Michael B. Player Award for Excellence - PEMS (1) 6. Revenue Anticipation Note for FY26 (2) 7. Starting Salary Scale Adjustments - EMS and Sheriff's Department (3) 8. FY26 Appropriation (4) 9. VESCP Focused Local Program Review Adjustment to Erosion & Sediment Control Lawi (5) Richard E. Thomas J.I David Parr John R. Fidier, Jr. Robert B. Pemberton Lee Sanders Hope D. Mothershead Election District I Election District 2 Election District 3 Election District 4 Election District 5 County Administrator 10. Mobile Home Ordinance Review (6) ONGOING PROJECTS 11. VDOT Recreational Trail Project 12. Coggin Building - Renovation 13. EMS Station #2 14. Commerce Park EDA Grant 15. Emergency Radio Infrastructure 16. DHCD - Community Development Block Grant (Scott Town) 17. Courthouse Remodel 18. Emergency Generator 19. Miscellaneous Information (7) 20. Board Appointments 21. Monthly Appropriations- Richmond County Department of Social Services 22. Monthly Appropriations- Richmond County School Board 23. Monthly Supplemental Appropriations 24. Approval of Minutes - May 8, 2025 25. Board Member Comments / Other Business Next REGULAR Monthly Meeting: July 10, 2025 AGENDA DOCUMENTS 2025 Michael B. Player Award for Excellence PEMS The 2025 Michael B. Player Award for Excellence is awarded to Mitchell L. Paulette Chief Mitchell L. Paulette's career is marked by an unwavering passion for service, innovation, and collaboration. As the no-holds barred leader of the Richmond County Department of Emergency Services, Chief Paulette has fostered a culture of service excellence, personal and professional accountability, clinical competence and continuous quality improvement. His efforts have not only improved emergency response times and significantly improved patient outcomes but have also strengthened interagency coordination throughout the Northern Neck and beyond. Chief Paulette has played a vital role in regional preparedness and strategic planning initiatives, contributing to task forces and committees that shape EMS for the Peninsulas region. He is the current Vice Chairman ofthe PEMS EMS Operations Committee and has worked diligently the past year and a half on the massive undertaking and preparation ofthe new drug box system for Richmond County EMS. He is a trusted voice in regional forums and serves as a mentor to countless EMS providers, many of whom credit him for their professional development and commitment to the field. His contributions also reach the state level, where he has supported legislative and educational initiatives designed to enhance EMS infrastructure and training. His dedication to system integration ensures that even rural and underserved communities have access to high-quality emergency care, including in his own community of Richmond County, Virginia. Through advocacy, education, and direct service, Mitch has made a lasting impact on the EMS landscape ofVirginia. Please join me in congratulating Chief Mitchell L. Paulette, recipient of the 2025 Award for Excellence in EMS Revenue Anticipation Note for FY26 6 $ 2 4 LO ) 6o - E 00 0) 9 E S 0 9 COUNTY OF RICHMOND, VIRGINIA A RESOLUTION AUTHORIZING THE ISSUANCE OF UP TO $2,250,000 PRINCIPAL AMOUNT OF A REVENUE ANTICIPATION NOTE OF THE COUNTY OF RICHMOND, VIRGINIA, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF Adopted June 12, 2025 TABLE OF CONTENTS Page Section 1 Definitions. 2 Section 2 Findings and Determinations. 3 Section 3 Authorization, Form and Details oft the Note.. 4 Section 4 Creation of Proceeds Fund 11 Section 5 Payments into Proceeds Fund.. 11 Section 6 Creation of Note Fund. 11 Section 7 Accounts Within Funds.. 11 Section 8 Investment ofFunds.. 11 Section 9 Defeasance. 11 Section 10 General Obligation. 12 Section 11 Event of Default. 12 Section 12 Enforcement by Noteholder. 13 Section 13 Modification of Note Resolution. 13 Section 14 Application of Proceeds; Sale ofNote. 13 Section 15 No Arbitrage Covenant and Covenant as to the Code. 14 Section 16 General Covenants.. 14 Section 17 Further. Actions Authorized. 14 Section 18 Invalidity of Sections 15 Section 19 Headings of Sections, Table of Contents. 15 Section 20 Effectiveness: and Filing of] Resolution. 15 Be: it Resolved by the Board of Supervisors of the County of Richmond, Virginia: Section 1 - Definitions Unless the context shall clearly indicate some other meaning, the following words and terms shall for all purposes ofthe Resolution and of any certificate, resolution or other instrument amendatory thereof or supplemental thereto for all purposes of any opinion or instrument or other documents therein or herein mentioned, have the following messages: "Act" shall mean the Public. Finance Act, Chapter 26, Title 15.2 of the Code of Virginia of 1950, as amended. "Board" shall mean the County Board of Supervisors. "Bond Counsel" shall mean Sands Anderson PC or another attomey or firm of attorneys nationally recognized on the subject of municipal bonds selected by the County. "Business Day" shall mean any Monday, Tuesday, Wednesday, Thursday or Friday on which commercial banks generally are open for business in the Commonwealth of Virginia. "Chairman" or "Chair" shall mean the Chairman or Vice Chairman of the Board. "Clerk" shall mean the Clerk of the Board. Closing Date" shall mean the date on which the Note is issued and delivered to the Noteholder. "Code" shall mean the Internal Revenue Code of 1986, as amended, and applicable regulations, procedures and rulings thereunder. "Commonwealth" shall mean the Commonwealth of Virginia. "County" shall mean the County of Richmond, Virginia. "Interest Account" shall mean the Interest Account in the Note Fund established by Section 6. Interest Payment Date" shall mean January 1, 2026 and the Maturity Date. "Maturity Date" shall mean June 30, 2026. "Note Fund" shall mean the Note Fund established by Section 6. "Note or Notes" shall mean the revenue anticipation note ofthe County, Series 2025, in the aggregate principal amount of up to $2,250,000 authorized to be issued hereunder. Noteholder" or "Holder" shall mean First-Citizens Bank & Trust Company, as registered owner of the Note. "Outstanding" when used in reference to the Note shall mean, as of a particular date, the 2 Note authenticated and delivered under this Resolution except: (i) any Note cancelled by the County at or before such date; (ii) any Note for the payment of which cash equal to the principal amount thereof, with interest tothe date of maturity, shall have been deposited with the Paying Agent prior to maturity; (ii) any. Note for the redemption or purchase of which cash or noncallable direct obligations of the United States of America, equal to the redemption or purchase price thereof to the redemption or purchase date, shall have been deposited with the Paying Agent, for which notice of redemption or purchase shall have been given in accordance with the Resolution; (iv) any Note in lieu of, or in substitution for, which another Note shall have been authenticated and delivered pursuant to this Resolution; and (v) any Note deemed paid under the provisions of Section 9, except that any such Note shall be considered Outstanding until the maturity or redemption date thereof only for the purposes of actually being paid. "Paying Agent" shall mean the County Treasurer acting as Paying Agent hereunder as designated and authorized under Section 3 or its successors or assigns serving as such hereunder. "Principal Account" shall mean the Principal Account in the Note Fund established by Section 6. "Proceeds Fund" shall mean the Proceeds Fund established by Section 4. "Registrar" shall mean the Paying Agent, or its successors or assigns serving as such hereunder. Section 2- Findings and Determinations The Board hereby finds and determines that (1) the County is in need of funds to meet appropriations made for the current fiscal year which begins on July 1, 2025 in anticipation ofthe collection of tax and otherrevenues during the: same fiscal year, to be paid forby such revenues and the principal amount of the Note to be paid for by such revenues is less than the anticipated revenues for such fiscal year (ii) the obtaining of such funds will be for the welfare of citizens of the County for purposes which will serve the County and its citizens, (iri) the most effective and efficient manner in which to provide such funds to the County is by a revenue anticipation note issued by the County to be sold to the Noteholder and (iv) the issuance of the Note is in the best interests of the County and its citizens. 3 Section 3- Authorization, Form and Details of the Note There is hereby authorized to be issued a revenue anticipation note of the County in the aggregate principal amount of up to $2,250,000. The Note authorized herein shall be designated "Revenue Anticipation Note, Series 2025," shall be issuable as a fully registered note, without coupons, in denominations of $5,000 or any whole multiple thereof, shall be dated the Closing Date, shall be numbered R-1 upwards, shall bear interest payable on each Interest Payment Date and on the Maturity Date at a rate per annum not to exceed 3.820% and the Note shall mature on the Maturity Date. The Note may be prepaid, without penalty, in whole at any time or in part on the semi-annual payment date, upon 10 days' notice to the Noteholder. The Note is hereby authorized to be issued under Section 15.2-2629 of the Act. The Note shall bear interest from the date on which it is authenticated. Interest on the Note shall be computed on an accrual basis of actual days elapsed over a 30-day month/360-day year. Principal of, premium, if any, and interest on, the Note shall be payable in lawful money of the United States of America. Interest on thel Note shalll be payable on an Interest Payment Date and the Maturity Date by check or draft from the County to the Holder of the Note at its address as it appears on the registration books kept by the Registrar as ofthe 15th dayof the month immediately preceding an Interest Payment Date and on the Maturity Date. Principal of the Note shall be payable at the principal office ofthe Paying Agent upon presentation and surrender of the Note on the Maturity Date. Upon written request in form satisfactory to the County and the Registrar, signature guaranteed, by the registered Holder of at least $500,000 aggregate principal amount of Note and upon receipt ofsuch Notebyt the County, principal and/ori interest shall be payable by wire transfer in immediately available funds. The Note shall be printed, lithographed or typewritten and shall be substantially in the form hereinbelow set forth, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, including such variations, insertions and omissions as shall be necessary to issue the Note under a system of book-entry for recording the ownership and transfer of ownership of rights to receive payments of principal of and interest on the Note and may have endorsed thereon such legends or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. If any principal of, or interest on, the Note is not paid when due (whether at maturity, by acceleration or call fori redemption, or otherwise), then, to the extent permitted by law, the overdue installments of principal shall bear interest until paid at the same rate as set forth in such Note. The Note shall be signed by the facsimile or manual signature of the Chairman. The facsimile ofthe County seal shall be printed thereon or manually impressed thereon and attested by the facsimile or manual signature of the Clerk. In case any officer whose signature or facsimile of whose signature shall appear on any Note shall cease to be such officer before delivery of the Note, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he remained in office until such delivery. The Note shall bear a certificate of authentication, in the form set forth below, duly executed by the Registrar. The Registrar shall authenticate each Note with the signature of an authorized 4 officer of the Registrar, but it shall not be necessary for the same officer to authenticate all of the Notes. Only such authenticated Note shall be entitled to any right or benefit under this Resolution, and such certificate on any Note issued hereunder shall be conclusive evidence that the Note has been duly issued and is secured by the provisions hereof. The Paying Agent shall act as Registrar and shall maintain Registration Books for the registration and the registration of transfer oftheNote. The County Treasurer is hereby designated and authorized to act as Paying Agent and Registrar hereunder. The transfer of any Note may be registered only on the books kept for the registration and registration of transfer of the Note upon surrender thereof to the Registrar together with an assignment duly executed by the registered holder in person or by his duly authorized attorey or legal representative in such form as shall be satisfactory to the Registrar. Upon any such transfer, the County shall execute and the Registrar shall authenticate and deliver, in exchange of such Note, a new registered Note registered in the name oft the transferee ofthe same series, maturity and interest rate as the Note SO exchanged in any denomination or denominations authorized by this Resolution. The Registrar shall not be required to make any such registration or registration of transfer during the ten (10) days immediately preceding an Interest Payment Date, the Maturity Date or a redemption date. Prior to due presentment for registration of transfer for any Note, the Registrar shall treat the registered holder as the person exclusively entitled to payment of principal of, premium, if any, and interest on, such Note and the exercise of all other rights and powers of the Holder. Ifany Note has been mutilated, lost or destroyed, the County shall execute and the Registrar shall authenticate. and deliver a new. Note of like date and tenor in exchange or substitution for, and upon cancellation of, such mutilated Noteorin lieu of and in substitution for such lost or destroyed Note;provided, however, that the County and the Registrar shall execute, authenticate and deliver such Note only if the Holder has paid the reasonable expenses and charges of the County and the Registrari in connection therewith and, in the case of a lost or destroyed Note, has furnished to the County and the Registrar (a) evidence satisfactory to them that such Note was. lost or destroyed and thel Holder was the Owner thereofand (b)indemnity satisfactory to them. Ifany Note has matured, instead of issuing a new Note, the Registrar may pay the same without surrender thereof upon receipt of the aforesaid evidence and indemnity. Any Note which has been paid (whether at maturity, by acceleration or otherwise) or delivered to the Paying Agent for cancellation shall not be reissued and the Registrar shall, unless otherwise directed bythe County, cremate, shred or otherwise dispose of such Note. The Registrar shall deliverto the County a certificate ofany such cremation, shredding or other disposition of any Note. The Note, the Certificate of Authentication and the provision for the assignment to be inserted in the Note shall be substantially in the following forms, to-wit: 5 "FORM OF NOTE" No. N-1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA, COUNTY OF RICHMOND REVENUE ANTICIPATION NOTE, SERIES 2025 Dated: July [2), 2025 Maturity Date: June 30, 2026 Registered Holder: First-Citizens Bank & Trust Company Principal Sum: UP TO TWO MILLION TWO HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($2,250,000.00) Interest Rate: 3.820% KNOW ALL MEN BY THESE PRESENTS, that the County of Richmond, Virginia (hereinafter sometimes referred to as the "County"), a county of the Commonwealth of Virginia, for value received hereby promises to pay to the registered holder (named above), or assigns, on thel Maturity Date (specified above), subject to prior redemption as hereinafter provided the Principal Sum (specified above), upon presentation and surrender of this Note at the principal corporate office oft the Richmond County Treasurer, Warsaw, Virginia, (the "Paying Agent"), and to payinterest on said Principal Sum, from the date of authentication hereof on the Interest Payment Date (January 1, 2026 and on the Maturity Date), at the rate per annum (specified above)). Both principal of, premium, if any, and interest on, this Note are payable in any coin or currency of the United States of America which at the time of payment is legaltender for public and private debts. No registration, transfer or exchange ofthis Note shall be permitted within fifteen (15) days of an Interest Payment Date, the Maturity Date or the date of redemption of this Note. This Note is an authorized series in the aggregate principal amount of up to $2,250,000 of like date and tenorherewith, except for number: and denominationand is issued under and pursuant to and in compliance with the Constitution and laws of the Commonwealth of Virginia, including Chapter 26, Title 15.2 of the Code of Virginia of 1950, as amended, the same being the Public Finance. Act, and theresolution duly adopted under said Chapter by the Board of Supervisors of the County on June 12, 2025 (the "Resolution"). This Note shall bearinterest from the date on which this Note is authenticated. Interest on this Note shall be computed on an accrual basis of actual days elapsed over: a 30-day month/360-day year. This Note: may be prepaid, without penalty, in whole at any time and prepayable in part on an Interest Payment Date, upon 10 days' notice to the Noteholder. This Note is transferable only upon the registration books kept at the office ofthe Registrar by the registered holder hereof, or by his duly authorized attorney, upon surrender of this Note 6 (together with a written instrument of transfer, satisfactory in form to the Registrar, duly executed by the registered holder or his duly authorized attorney, which may be the form endorsed hereon) and subject to the limitations and upon payment of the charges, if any, as provided in the Resolution, and thereupon as provided in the Resolution a new Note or Notes, in the aggregate principal amount and in the authorized denominations and of the same series, interest rate and maturity as the Note surrendered, shall be issued in exchange therefor. The County and the Registrar shall deem and treat the person in whose name this Note is registered as the absolute owner hereof for the purpose of receiving payment of, or on account of, the principal hereof and interest due hereon and for all other purposes whatsoever. THIS NOTE AND THE ISSUE OF WHICH THIS IS ONE IS A GENERAL OBLIGATION OF THE COUNTY FOR THE PAYMENT OF WHICH THE COUNTY'S FULL FAITH AND CREDIT AREIRREVOCABLY PLEDGED. THE COUNTY BOARD OF SUPERVISORS IS AUTHORIZED AND REQUIRED TO LEVY AND COLLECT ANNUALLY AT THE SAME TIME. AND IN THE SAME MANNER AS OTHER TAXES OF THE COUNTY ARE ASSESSED, LEVIED AND COLLECTED, A TAX UPON ALL TAXABLE PROPERTY WITHIN THE COUNTY, OVER AND ABOVE ALL OTHER TAXES AUTHORIZED OR LIMITED BY LAW. AND WITHOUT LIMITATION ASTO RATE OR AMOUNT, SUFFICIENT TO PAY WHEN DUE THE PRINCIPAL OF AND PREMIUM, IF ANY, AND INTEREST ON THE NOTE, TO THE EXTENT OTHER FUNDS OF THE COUNTY ARE NOT LA WFULLY AVAILABLE AND APPROPRIATED FOR SUCH PURPOSE. Reference is hereby madet to the Resolution and to all of thej provisions thereof to which any holder ofthis Note by his acceptance hereof hereby assents, fordefinitions ofterms; the description of and nature and extent oft the security for the Note; the conditions upon which the Resolution may be amended or supplemented without the consent of the holder of any Note and upon which it may be amended only with the consent of the holder of the Note affected thereby; the rights and remedies ofthel holder. hereof with respect hereto; the rights, duties and obligations of the County; thej provisions discharging the Resolution as to this Note and for the other terms and provisions of the Resolution. This Note shall not be valid or obligatory for any purpose unless the certificate of authentication hereon has been duly executed by the Registrar and the date of authentication inserted hereon. It is hereby certified, recited and declared that all acts, conditions and things required to havel happened, to exist and to have been performed precedent to and in the issuance of this Note and thes series of which it is a part, do exist, havel happened and have been performed in regular and due time, form and manner as required by law; that the series of which this Note is a part does not exceed any constitutional, statutory or charter limitation of indebtedness; and that provision has been made forthe payment ofthe principal of, and interest on, this Note and the series of which it is a part, as provided in the Resolution. 7 IN WITNESS WHEREOF, the County of Richmond, Virginia, by its Board of Supervisors has caused this Note to be signed by the Chairman and attested by the Clerk of said Board, by their manual or facsimilesignatures, and its seal to be impressed orimprinted hereon, and this Note to be dated as set forth above. (SEAL) Clerk of the Board of Supervisors Chairman of the Board of Supervisors of the County of Richmond, Virginia of the County of Richmond, Virginia CERTIFICATE OF AUTHENTICATION This Note is the Note described in the withm-mentioned Resolution. REGISTRAR - RICHMOND COUNTY TREASURER By: Richmond County Treasurer DATE OF AUTHENTICATION: July [2], 2025 8 [FORM OF ASSIGNMENT) For value received, the undersigned hereby sells, assigns, and transfers unto Please insert social security number or other tax identification number of assignee: Name and address of assignee, including zip code: the within mentioned Note and hereby irrevocably constitutes and appoints attorney-in- fact, to transfer the same on the registration books thereof maintained in the office of the within- mentioned Registrar with the full power of substitution in the premises. DATED: NOTE: The signature to this assignment must correspond with the name of the registered holder that is written 011 the face of the within Note in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. [Remainder of This Page Intentionally Left Blank] 9 Exhibit A Payment Schedule 10 Section 4 - Creation of Proceeds Fund There is hereby established a trust fund to be designated the "Proceeds Fund - Richmond County Revenue Anticipation Note, Series 2025." Section 5- Payments into Proceeds Fund All funds received from the proceeds of the sale of the Note less costs of issuance shall be deposited into the Proceeds Fund to be used in the manner provided in Section 2. Section 6- Creation of Note Fund There is hereby established a trust fund tobe designated the "Note Fund - Richmond County Revenue Anticipation Note, Series 2025" in which Note Fund there is hereby established an Interest Account and a Principal Account. As and when. received, monies shall be deposited into the Note Fund, and payments from the Note Fund shall be made as follows: (a) to the Interest Account in the Note Fund subject to credit, if any, for proceeds of the Note deposited therein on, each Interest Payment Date and the Maturity Date, an amount equal to the amount of interest that will become due on the Note on the Interest Payment Date and the Maturity Date; and (b) to the Principal Account in the Note Fund on the 30th day of June, 2026, an amount equal to the principal that is required to be deposited into the Principal Account in order to pay the principal due on the Note on the Maturity Date. Section 7- Accounts Within Funds Any fund or account created by this Resolution may contain such accounts or subaccounts as may be necessary for the orderly administration thereof, Section 8. - Investment of Funds (a) The County shall separately invest and reinvest any monies held in the funds established by this Resolution in investments which would mature in amounts and at times sO that the principal of, premium, if any, and interest on, the Note can be paid when due. 1. (b) Permissible investments include investments in securities that are legal investments under Chapter 45 of Title 2.2 of the Code of Virginia of 1950, as amended (Section 2.2-4500 ets seq.) and which are otherwise in compliance with Section 15.2-2625 of the Act, including, but not limited to, authorization of, if the County Treasurer determines appropriate, utilization of the State Non-Arbitrage Program (SNAP) in connection with the investment of the proceeds of the Note. Section 9. - Defeasance The obligations of the County under this Resolution and covenants of the County provided for herein shall be fully discharged and satisfied as to any Note and such Note shall no longer be deemed to be Outstanding thereunder when such Note shall have been purchased by the Countyand 11 cancelled ord destroyed, when the payment of principal of such Note, plus interest on such principal to the due date thereof either (a) shall have been made or (b) shall have been provided for by irrevocably depositing with the Paying Agent for such Note, money sufficient to make such payment, ordirect and general obligations of, or obligations the principal of, and interest on, which are guaranteed by, the United States of America, maturing in such amounts and at such times as will insure the availability of sufficient monies to make such payment. Section 10- General Obligation The Board, in accordance with Section 15.2-2624 of the Act, is hereafter authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the County are assessed, levied and collected, a tax upon all taxable property within the County, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any and interest on the Note, to the extent other funds of the County are not lawfully available and appropriated for such purpose. Section 11- Event of Default Each of the following shall constitute an event of default hereunder: (a) The failure to pay the principal of, and premium, if any, on, the Note when due; (b) Failure to pay interest on the Note when due; (c) Failure oft the County to perform any other covenant or agreement contained in this Resolution, which failure shall have continued for 60 days after the notice thereof from the Holders of not less than twenty percent (20%) ofthe Note Outstanding; provided, however, that if any such failure shall be such that it cannot be cured or corrected within a 60-day period but is, in fact, susceptible of cure or correction, it shall not constitute an Event of Default if curative or corrective action is instituted within said period and diligently pursued until the failure of performance is cured or corrected; (d) The instituting of any proceeding with the consent of the County for the purpose of effecting composition between the County and its creditors or for the purpose of adjusting the claims of creditors pursuant to any federal or state statute; or (e) If the County for any reason shall be rendered incapable of fulfilling its obligations under this Resolution. Upon the occurrence of an Event of Default, the Holders ofnot less than twenty-five percent (25%) in principal amount of the Note then Outstanding may declare the principal of all of the Outstanding Note and all accrued and unpaid interest thereon to be due and payable immediately. This provision is subject to the condition that if, at any time after such declaration and before any such further action has been taken, all arrears of interest on, and principal of, the Note shall have been paid and all other Events of Default, if any, which shall have occurred have been remedied, then the Holders of such majority in principal amount of the Outstanding Note may waive such default and annul such declaration. 12 If an Event of Default shall have occurred and be continuing, then the Holders of not less than twenty-five percent (25%) in principal amount of the Note then Outstanding may call a meeting of the Holders of the Note for the purpose of selecting a Noteholders' committee (the Noteholders Committee"). At such meeting the Holders of not less than a majority in principal amount of the Outstanding Note must be present in person or by proxy in order to constitute a quorum forthe transaction of business. A quorum being present at such meeting, the Noteholders present may, by a majority of the votes cast, elect one or more persons who may or may not be Noteholders to the Noteholders' Committee. The Noteholders' Committee is empowered to exercise, as trustee fort the Noteholders, all the rights and powers conferred on any. Noteholderi in the Resolution. In case an Event of Default shall occur, subject to the provisions referred to in the preceding paragraph, the Holder of any Outstanding Note shall have the right for the benefit of all Holders of thel Note, to protect the rights vested in such Holders by the Resolution by such appropriate judicial proceeding as such Holders shall determine either by suit in equity orb by action at law. Section 12- Enforcement by Noteholder Any Holdero of al Note may by mandamus or other appropriate proceeding at law or in equity in any court of competent jurisdiction, enforce and compel performance of this Resolution and every provision and covenant thereof, including without limiting the generality of the foregoing, the enforcement of the performance of all obligations and duties and requirements to be done or performed by the County by the Resolution by the applicable laws of the Commonwealth. Section 13- Modification of Note Resolution The County may without the consent of any Noteholder make any modification or amendment ofthis Resolution required to cure any ambiguity or error herein contained or to make any amendments hereto or to grant to the Noteholders additional rights. The Holders of not less than sixty-six and two-thirds percent (66-2/3%) in principal amount of the Outstanding Note shall have the power to authorize any modifications to this Resolution proposed by the County other than as permitted above; provided that without the consent of the Holder of each Note affected thereby, no modifications shall be made which will (a) extend the time of payment of principal of, or interest on, any Note or reduce the principal amount thereof or the rate ofinterest thereon; (b) giveto any Note any preference overany otherl Note secured equally and ratably therewith; (c) deprive any Noteholder of the security afforded by this Resolution, or (d) reduce the percentage in principal amount of the Note required to authorize any modification to the Resolution. Section 14- Application of Proceeds; Sale of Note Proceeds derived from the sale of the Note together with other monies available therefor shall be used to pay the costs ofi issuance and other expenses of the County relating to the issuance of the Note and thereafter any remaining funds to be deposited in the Proceeds Fund shall be used forthe purposes specified in Section 2 ofthis Resolution, and otherwise used in accordance withthe provisions of this Resolution. 13 Section 15- No Arbitrage Covenant and Covenant as to the Code The County hereby covenants that it will not use or invest, or permit the use or investment of any proceeds of the Note, in a manner that would cause the Note to be subjected to treatment under Section 148 of the Code and theregulations adopted thereunder: as an "arbitrage bond," 7 and to that end the County shall comply with applicable regulations adopted under said Section 148 of the Code. The County covenants to comply with the Code provisions requiring that any issuance of "governmental bonds," as defined therein, be subject to certain requirements as to: rebate and timing and type of payments to be paid for from the proceeds of such Note, as well as other additional requirements. In orderto assure compliance with such Code provisions, the County has entered into a Compliance Certificate, to comply with such requirements and covenants therein that it will not breach the terms thereof. The Board intends for the Note to be treated as complying with the provisions of Section 148(f)(4)(D) of the Code and Section 1.148-8 of the U.S. Treasury Regulations thereunder, which provides an exception from the "rebate requirement, since this Note issue (1) is issued by the County which is a governmental unit with general taxing powers, (2) no Note which is a part of this issue is a private activity bond, (3) 95% or more of the net proceeds of this issue are tol bei used for local governmental activities of the County, and (4) the aggregate face amount of all tax-exempt bonds (otherthan private activity bonds) issued by the County during the calendar year 2025 (and bonds issued by any subordinate entity of the County) is not reasonably expected to exceed $5,000,000 increased by the lesserof$10,000,000 or SO much as are attributable to the financing of the construction of public school facilities within the meaning of Section 148(f)(D)(vil) of the Code. The Board of Supervisors, on behalf of the County, hereby designates the Note as a "qualified tax-exempt obligation" as defined in Section 265(b)(3)(B) of the Code and certifies by this Resolution that it does not reasonably anticipate the issuance by it or its subordinate entities of more than $101 million in "qualified tax-exempt obligations" during the calendar year 2025 and will not designate, o1 permit the designation by any of its subordinate entities of, any of its bonds (or those of its subordinate entities) during the calendar year 2025 which would cause the $10 million limitation of Section 265(b)(3)(D) of the Code to be violated. Section 16- General Covenants The County agrees to make all payments of principal and interest on the Note in a timely manner, Section 17- Further Actions Authorized The Chairman and Clerk of the Board and the County Treasurer and all other officers and employees oft the County arel hereby authorized and directed to take any and all such further action as shall be deemed necessary or desirable in order to effectuate delivery of, and payment for, the Note, including, but not limited to modifications in the dates of payment of interest and maturity, the final interest rate, redemption terms and related issues. 14 Section 18 - Invalidity of Sections If any section, paragraph, clause or provision of this Resolution shall be held invalid or unenforceable for any. reason, thei invalidity or unenforceability ofsuch section, paragraph, clause or provision shall not affect any of the remaining portions of this Resolution. Section 19 - Headings of Sections, Table of Contents The headings of the sections ofthis Resolution and the Table of Contents appended hereto or to copies hereof shall be solely for convenience of reference and shall not affect the meaning, construction, interpretation or effect of such sections of this Resolution. Section 20 - Effectiveness and Filing of Resolution This resolution shall become effective upon its passage. A certified copy of this Resolution shall be filed by the Clerk with the Clerk of the Circuit Court of the County of Richmond, Virginia in accordance with Section 15.2-2607 of the Act. 15 The Members of the Board voted at its regular meeting on June 12, 2025 during an open meeting as follows: Ayes Nays Absent: Abstentions A Copy Teste: Clerk, Board of Supervisors of the County of Richmond, Virginia 16 Starting Salary Scale Adjustments - - EMS and Sheriff's Department Richmond County Sheriff's Office and Richmond County Department of Emergency Services Sheriff's Office - new employee (effective July 1, 2025) Deputy 1 - $50,000 (uncertified) Deputy 2 - $52,000 (certified with training) Deputy 3 - $54,000 (certified with advanced training) Dispatch 1 - $35,000 (uncertified) Dispatch 2 - $37,000 (certified with training) Dispatch 3 - $40,000 (certified with advanced training) Department of] Emergency Services 1 new employee (effective July 1,2025) EMT Basic - $45,000 EMT Advanced - $47,000 EMT Intermediate - $49,000 EMT Paramedic- $51,000 Lieutenant - $56,000 Captain - $66,000 Department of Emergency Services - Part Time Providers EMT Basic - $17/hr. EMT Advanced - $18/hr. EMT Intermediate - $20/hr. EMT Paramedic - $21/hr. Retention Plan Yearly increases based on years of service Year 2-5 $400/year + yearly increases approved by the BOS Year 6-10 $500/year + yearly increases approved by the BOS Year 11-15 $600/year + yearly increases approved by the BOS Year 16-20 $700/year + yearly increases approved by the BOS Year 21+ $800/year + yearly increases approved by the BOS For new employees that become employed by either the Richmond County Sheriff's Office or Richmond County Department ofE Emergency Services, and have previous service in related field, 80% oftheir years of service will be taken into account when establishing a starting salary. For current employees of either the Richmond County Sheriff's Office, or Richmond County Department ofEmergency Services that are being promoted to a new position within the department, 100% oftheir years of service with Richmond County and 80% of other service will be calculated to create their new salary with Richmond County. Adopted by the Richmond County Board of Supervisors on effective July 1, 2025. FY26 Appropriation Established 1692 Pnvwm Richmond County Board of Supervisors 101 Court Circle P.O. Box 1000 Warsaw, Virginia 22572 (804) 333-3415 FAX (804) 333-3408 wwwco,richmondyaus RESOLUTION APPROPRIATION OF FISCAL YEAR 2025-2026 BUDGET WHEREAS, the Board of Supervisors of Richmond County approved the Fiscal Year 2025-2026 Budget on May 8, 2025; and WHEREAS, by the Code of Virginia, no monies may be spent until the budget has been appropriated; and WHEREAS, the Richmond County Board of Supervisors will continue monthly appropriations to the Department ofSocial Services and the Richmond County School Board. THEREFORE, BE IT RESOLVED, that the Richmond County Board of Supervisors does hereby appropriate in full the Fiscal Year 2025-2026 Adopted Budget, with the exception of the Department of Social Services and the Richmond County School Board, which will be appropriated monthly. June 12, 2025 F. Lee Sanders, Chairman Richmond County Board of Supervisors Richard E. Thomas J.I David Parr John R. Fidler, Jr. Robert B. Pemberton Lec Sanders Hope D. Mothershead Election District 1 Election District 2 Election District 3 Election District 4 Election District 5 County Administrator VESCP Focused Local Program Review - Adjustment to Erosion & Sediment Control Law 6/5/25, 4:07 PM oxpotamegalcomaplewotrguesbitsaeabcasp-draes-caid74e851eldownoad CHAPTER 152: EROSION AND SEDIMENT CONTROL Section 152.01 Title, purpose, and authority 152.02 Definitions 152.03 Local erosion and sediment control program 152.04 Requirements for approval of plan 152.05 Action on plans 152.06 Approved plan required; permits; fees; security for performance 152.07 Monitoring, reports, and inspections 152.08 Erosion impact areas 152.09 Administrative appeal; judicial review 152.10 Effective date 152.99 Penalty S 152.01 TITLE, PURPOSE, AND AUTHORITY. (A) This chapter shall be known as the "Erosion and Sediment Control Ordinance of Richmond County" and may be referred to herein as "this chapter" or "chapter". The purpose of this chapter is to prevent degradation of properties, stream channels, waters, and other natural resources of the county by establishing requirements for the control of soil erosion, sediment deposition, and nonagricultural runoff and by establishing procedures whereby these requirements shall be administered and enforced. (B) This chapter is authorized by the VA Code Title 10, Chapter 5, Article 4, SS 10.1-560 et seq., known as the "Erosion and Sediment Control Law". This chapter provides for a comprehensive statewide program, with standards and guidelines to control soil erosion and sedimentation, which is to be implemented on the local level. (Ord. passed 6-12-2008) S 152.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADMINISTRATOR. The representative of the Board of Supervisors who has been appointed to serve as the agent of the Board of Supervisors in administering this chapter. The Land Use Administrator is hereby designated as ADMINISTRATOR of this chapter. APPLICANT. Any person submitting an erosion and sediment control plan for approval and requesting the issuance of a permit, when required, authorizing land-disturbing activities to commence. htpsllexportamlegal.cmaplepot-regureguesisbit8lutcaes04-904047-4865-2a1d74e8518ldownload/ 1/10 6/5/25, 4:07 PM opotamiegalcomhaplewatregusesalseate-ap-dlats-da1d74a8516counload BOARD. The Virginia Soil and Water Conservation Board. BUFFER AREAS. An area of natural or established vegetation managed to protect other components of a resource protection area and state waters from significant degradation due to land disturbances. CHESAPEAKE BAY PRESERVATION AREA. Any land designated by a local government pursuant to part III of the Chesapeake Bay Preservation Area Designation and Management Regulations and S 157.042(D). A CHESAPEAKE BAY PRESERVATION AREA shall consist of a resource protection area and a resource management area. (1) RESOURCE MANAGEMENT AREA. The component of the Chesapeake Bay Preservation Area that is not classified as the resource protection area as designated by the Board of Supervisors. (2) RESOURCE PROTECTION AREA. The component of the Chesapeake Bay Preservation Area comprised of lands at or near the shoreline that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may result in significant degradation to the quality of state waters. CLEARING. Any activity which includes, but is not limited to, removal of vegetative ground cover, root mat, and/or top soil. DEPARTMENT. The Department of Conservation and Recreation. DISTRICT or SOIL AND WATER CONSERVATION DISTRICT. The Northern Neck Soil and Water Conservation District, a political subdivision of the state organized in accordance with VA Code Title 20.1, Chapter 5. EROSION AND SEDIMENT CONTROL PLAN or PLAN. A document containing materials which describe proposed measures to be taken for the purpose of conserving soil and water resources of a unit or group of units of land. It may include appropriate maps, appropriate soil and water inventory, management information with needed interpretations, and a record of decisions contributing to conservation treatment. The PLAN shall contain all major conservation decisions SO that the entire unit or units of land will be SO treated to achieve the conservation objectives set forth in this chapter. EROSION IMPACT. AREA. An area of land not associated with current and-disturbing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for residential purposes or to shorelines where the erosion results from wave action or other coastal processes. EXCAVATING. Any digging, scooping, or other methods of removing earth materials. FILLING. Any depositing or stockpiling of earth materials. GOVERNING BODY. The Board of Supervisors of Richmond County, Virginia. GRADING. Any excavating or filling of earth materials or any combination thereof, including the land in its excavated or filled condition. LAND-DISTURBING ACTMVITY. Any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the state including, but not limited to, clearing, grading, excavating, transporting, and filling of land, except that the term shall not include: (1) Minor LAND-DISTURBING ACTIVITIES such as home gardens and individual home landscaping, repairs, and maintenance work; (2) Individual service connections; htps/lexportamlegal.cmlaplempotaregpesisbiealutcao-2a1d74a1d74e8516/download/ 2/10 6/5/25, 4:07 PM xpotamiegalcomaplexatgmisbisekoeapadlals-2alg/4e8516lownload' (3) Installation, maintenance, or repair of any underground public utility lines when such activity occurs on an existing hard-surfaced road, street, or sidewalk provided the LAND-DISTURBING ACTIVITYis confined to the area of the road, street, or sidewalk which is hard-surfaced; (4) Septic tank lines or drainage fields unless included in an overall plan for LAND-DISTURBING ACTIVITY relating to construction of the building to be served by the septic tank system; (5) Surface or deep mining; (6) Exploration or drilling for oil and/or gas including the well site, roads, feeder lines, and off-site disposal areas; (7) Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot operations; including engineering operations, and agricultural engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam Safety Act, VA Code Chapter 6, Article 2, SS 10.1-604 et seq., ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of VA Code, Chapter 11, SS 10.1-1100 et seq. or is converted to bona fide agricultural or improved pasture use as described in VA Code S 10.1-1163(B); (8) Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company; (9) Disturbed land areas of less than 2,500 square feet in size; (10) Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles; (11) Shoreline erosion control projects on tidal waters when all of the LAND-DISTURBING ACTIVITIES are within the regulatory authority of and approved by local wetlands boards, the Marine Resources Commission, or the United States Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to this chapter; and (12) Emergency work to protect life, limb, or property, and emergency repairs; however, if the LAND-DISTURBING ACTIVITY would have required an approved erosion and sediment control plan, if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the plan-approving authority. LAND-DISTURBING PERMIT. A permit issued by the county for clearing, filling, excavation, grading, or transporting, or any combination thereof. LOCAL EROSION AND SEDIMENT CONTROL PROGRAM or LOCAL CONTROL PROGRAM. An outline of the various methods employed by the county to regulate land-disturbing activities and thereby minimize erosion and sedimentation in compliance with the state program and may include such items as local ordinances, policies, and guidelines, technical materials, inspection, enforcement, and evaluation. NATURAL CHANNEL DESIGN CONCEPTS. The utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bank-full storm event within its banks and allows larger flows to access its bank-full bench and its floodplain. OWNER. The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a property. htps.lexport.amlegal.cmaplepot-eguequesisbit8iucaes04047-a865-2aid748516download 3/10 6/5/25, 4:07 PM potamigal.comaplewpepatrpsbisscadcap-dirats-aa1d4ea51elcownoad PEAK FLOW RATE. The maximum instantaneous: flow from a given storm condition at a particular location. PERMIT HOLDER. The person to whom the permit authorizing land-disturbing activities is issued or the person who certifies that the approved erosion and sediment control plan will be followed. PERSON. Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town, or other political subdivision of the state, any interstate body, or any other legal entity. PLAN-APPROVING AUTHORITY. The Land Use Administrator responsible for determining the adequacy of a conservation plan submitted for and-disturbing activities on a unit or units of lands for approving such plan if the plan is determined to be adequate. The Administrator is designated as the PLAN-APPROVING AUTHORITY and is responsible for the administration of this chapter. PROGRAM AUTHORITY. The county has adopted a soil erosion and sediment control program that has been approved by the Board. RESPONSIBLE LAND DISTURBER. An individual from the project or development team who will be in charge of, and responsible for, carrying out a land-disturbing activity covered by an approved plan or agreement in lieu of a plan, who: (1) Holds a responsible land disturber certificate of competence; (2) Holds a current certificate of competence from the Board in the areas of combined administration, program administration, inspection, or plan review; (3) Holds a current contractor certificate of competence for erosion and sediment control; or (4) Is licensed in the state as a professional engineer, architect, certified landscape architect or land surveyor pursuant to VA Code Title 54.1, Chapter 4, Article 1, SS 54.1-400 et seq. RUNOFF VOLUME. The volume of water that runs off the land development project from a prescribed storm event. STATE WATERS. All waters on the surface and under the ground wholly or partially within or bordering the state or within its jurisdiction. SUBDIVISION. Any subdivision of land as defined in Chapter 154 of this code of ordinances. TRANSPORTING. Any moving of earth materials from one place to another, other than such movement incidental to grading, when such a movement results in destroying the vegetative ground cover either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such TRANSPORTING occurs. WATER QUALITY VOLUME. The volume equal to the first one-half inch of runoff multiplied by the impervious surface of the land development project. (Ord. passed 6-12-2008) S 152.03 LOCAL EROSION AND SEDIMENT CONTROL PROGRAM. (A) The current edition of the Virginia Erosion and Sediment Control Handbook, and the state erosion and sediment control regulations and all the related erosion and sediment control provisions of the Chesapeake Bay Preservation Area designation and management regulations as amended are hereby adopted as an integral part of the county erosion and sediment control program for the effective control of soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. mpslegutamegplcomarlapstremssbias.eaACTAaBSaNetsisomibaa 4/10 6/5/25, 4:07 PM export.amiegpalcomlaplepatrmgassbsaseasBscasapadiaNs-paie74e851elownloas) (B) Persons submitting plans under this chapter shall be governed by the criteria, standards, and specifications established in Chapter 6, Preparing an Erosion and Sediment Control Plan, of the Virginia Erosion and Sediment Control Handbook and all related erosion and sediment control provisions of the Chesapeake Bay Preservation Area designation and management regulations. (C) Persons submitting plans under this chapter shall follow the procedures set forth in a separate document which is attached to the ordinance codified herein and made a part hereof entitled: "Procedures for Plan Submission and Review, On-site Inspection and Ordinance Enforcement". (D) Erosion and sediment control plans submitted under this chapter shall assure compliance with the buffer area requirements of the Chesapeake Bay Preservation Area Designation and Management Regulations. (E) (1) Before adopting or revising regulations, the county shall give due notice and conduct a public hearing on the proposed or revised regulations, except that a public hearing shall not be required when the county is amending its program to conform to revisions in the state program. However, a public hearing shall be held if the county proposes or revises regulations that are more stringent than the state program. (2) In addition, in accordance with VA Code S 10.1-561, stream restoration, and relocation projects that incorporate natural channel design concepts are not human-made channels and shall be exempt from any flow rate capacity and velocity requirements for natural or human-made channels. (3) In accordance with VA Code S 10.1-561, any and-disturbing activity that provides for stormwater management intended to address any flow rate capacity and velocity requirements for natural or human-made channels shall satisfy the flow rate capacity and velocity requirements for natural or human-made channels if the practices are designed to: detain the water quality volume and to release it over 48 hours; detain and release over a 24-hour period the expected rainfall resulting from the one-year, 24-hour storm; and reduce the allowable peak flow rate resulting from the one and one-half, two-, and ten-year, 24-hour storms to a level that is less than or equal to the peak flow rate from the site assuming it was in a good forested condition, achieved through multiplication of the forested peak flow rate by a reduction factor that is equal to the runoff volume from the site when it was in a good forested condition divided by the runoff volume from the site in its proposed condition, and shall be exempt from any flow rate capacity and velocity requirements for natural or human-made channels. (F) Pursuant to VA Code S 10.1-561.1, an erosion control plan shall not be approved until it is reviewed by a certified plan reviewer. Inspections of land-disturbing activities shall be conducted by a certified inspector. The erosion control program of the county shall contain a certified program administrator, a certified plan reviewer, and a certified inspector, who may be the same person. (G) The county hereby designates the Land Use Administrator as the plan-approving authority. (H) The program and regulations provided for in this chapter shall be made available for public inspection at the County Building and Zoning Office. (Ord. passed 6-12-2008) Penalty, see S 152.99 S 152.04 REQUIREMENTS FOR APPROVAL OF PLAN. (A) Except as provided for in division (B) below, no person shall engage in any land-disturbing activity in the county until that person has submitted to the Administrator an erosion and sedimentation control plan for such and-disturbing activity and until that plan has been reviewed and approved by the Administrator. Where land-disturbing activities involve lands under the jurisdiction of more than one local control program, an erosion and sediment control plan, at the option of the applicant, may be submitted to the Board for review and approval rather than to each jurisdiction concerned. pslepotamegpilcomarlapstimgmsaiuascaspAATatS.2aNdAeasiscowmiboal 5/10 6/5/25, 4:07 PM exportamlegal.comlaplexportreguesi.b188148ca8904047-a885-2a1d74e8516/download/ (B) In the case of a land-disturbing activity for the construction of a single-family dwelling, the Administrator may waive the requirement for a full erosion and sediment control plan as set forth in this chapter. In the case of granting of such a waiver by the Administrator, an agreement in lieu of an erosion and sediment control plan, which is signed by the applicant and approved by the Administrator, shall constitute authorization under this chapter to conduct land-disturbing activity allowed by that agreement. Such agreement shall set forth all conservation measures to be carried out and maintained, shall grant right-of-entry to the Administrator and his or her designees, and shall make the project subject to all review, inspection, and enforcement provisions of this chapter which apply to approved erosion and sedimentation control plans. (C) The standards contained within the state erosion and sediment control regulations and the Virginia Erosion and Sediment Control Handbook, as amended, are to be used by the applicant when making a submittal under the provisions of this chapter and in the preparation of an erosion and sediment control plan. The plan-approving authority, in considering the adequacy of a submitted plan, shall be guided by the same standards, regulations, and guidelines. When the standards vary between the publications, the state regulations shall take precedence. (Ord. passed 6-12-2008) Penalty, see S 152.99 S 152.05 ACTION ON PLANS. (A) The Administrator shall, within 45 days, approve in writing any erosion and sediment control plan submitted to him or her if he or she determines that the plan meets the conservation standards of the local control program and if the person responsible for carrying out the plan certifies that he or she will properly perform the erosion and sediment control measures included in the plan and will comply with the provisions of this chapter. In addition, as a prerequisite to engaging in the land-disturbing activities shown on the approved plan, the person responsible for carrying out the plan shall provide the name of an individual holding a certificate of competence, to the program authority, as provided by VA Code S 10.1-561, of the state's Erosion and Sediment Control Law, who will be in charge of and responsible for carrying out the land-disturbing activity. Failure to provide the name of an individual holding a certificate of competence prior to engaging in land-disturbing activities may result in revocation of the approval of the plan and the person responsible for carrying out the plan shall be subject to the penalties provided in this chapter. (B) When a plan is determined to be inadequate, the Administrator, within 45 days from receipt, shall give written notice of disapproval stating the specific reasons for his or her disapproval. The Administrator shall specify such modifications, terms, and conditions as will permit approval of the plan and shall communicate these requirements to the applicant. If no action is taken by the Administrator within the time specified above, the plan shall be deemed approved and the person shall be authorized to proceed with the proposed activity. (C) An approved plan may be changed by the Administrator in the following cases: (1) Where inspection has revealed the inadequacy of the plan to accomplish the erosion and sediment control objectives of this chapter, plan changes can be required without approval of the person responsible for carrying out the plan; or (2) Where the person responsible for carrying out the approved plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this chapter, are agreed to by the Administrator and the person responsible for carrying out the plan. (D) The plan-approving authority may waive or modify any of the standards that are deemed to be too restrictive for site conditions, by granting a variance. A variance may be granted under these conditions. htpslexportamlegal.cegpalcomlaplempat-regursisbi88iat6c-a9o490-40474885-2a1d74e8516/download 6/10 6/5/25, 4:07 PM oxpotamegalcomeplexwtrgashitdsabcasp-dats-cadd74e851elownload (1) At the time of plan submission, an applicant may request a variance to become part of the approved erosion and sediment control plan. The applicant shall explain the reasons for requesting variances in writing. Specific variances which are allowed by the plan-approving authority shall be documented in the plan. (2) During construction, the person responsible for implementing the approved plan may request a variance in writing from the plan-approving authority. The plan-approving authority shall respond in writing either approving or disapproving such a request. If the plan-approving authority does not approve a variance within ten days of receipt of the request, the request shall be considered to be disapproved. Following disapproval, the applicant may resubmit a variance request with additional documentation. (E) When land-disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission, and approval of an erosion and sediment control plan shall be the responsibility of the owner. (F) In accordance with the procedure set forth by VA Code S 10.1-563(E), any person engaging in the creation and operation of wetland mitigation or stream restoration banks in multiple jurisdictions, which have been approved and are operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of wetlands mitigation or stream restoration banks, pursuant to a mitigation banking instrument signed by the Department of Environmental Quality, the Marine Resources Commission, or the U.S. Army Corps of Engineers, may, at the option of that person, file general erosion and sediment control specifications for wetland mitigation or stream restoration banks annually with the Board for review and approval consistent with guidelines established by the Board. (G) State agency projects are exempt from the provisions of this chapter except as provided for in the VA Code S 10.1-564. (Ord. passed 6-12-2008) Penalty, see S 152.99 S 152.06 APPROVED PLAN REQUIRED; PERMITS; FEES; SECURITY FOR PERFORMANCE. (A) The county may charge applicants a reasonable fee to defray the cost of program administration, including costs associated with the issuance of grading or land-disturbing permits, plan review, and periodic inspection for compliance with erosion and sediment control plans if charges for such costs are not made under any other law, ordinance, or program. The fee shall not exceed any amount commensurate with the services rendered, taking into consideration the time, skill, and Administrator's expense involved. (B) The Building Official, or any agent of the county, shall not issue any building or other permits for activities which involve land-disturbing activities unless the applicant submits with his or her application an approved erosion and sediment control plan or certification of such approved plan from the Administrator, certification that such plan will be followed, and written permission for the Administrator (or his or her agent) to conduct on-site inspections of the land-disturbing activity and of the conservation practices set forth in the plan. (C) (1) The Administrator, prior to the approval of any erosion and sediment control plan, may require of the applicant a reasonable performance bond (except for single-family dwellings constructed with an approved plan), with surety, cash escrow, letter of credit, or combination thereof, or such other legal arrangement as is acceptable to the Administrator, to ensure that measures could be taken by the county at the expense of the person conducting the land-disturbing activity should he or she fail, after proper notice within the time specified, to initiate or maintain appropriate conservation action which may be required of him or her in order to be in compliance with this chapter. (2) The amount of the bond or other security for performance shall not exceed the total of the estimated cost to initiate and maintain appropriate conservation action based on unit price for new htpsllexportamlegal.cmlaplepot-regursisbiB8iatcaso4904074885-2atd74a1d74e8516/download) 7/10 6/5/25, 4:07 PM ompotamegalcomaplewotrpssbisascasp-dasS-2agd74e851elownload public or private sector construction in the locality and a reasonable allowance for estimated administrative costs and inflation which shall not exceed 25% of the cost of the conservation action. Should it be necessary for the county to take such conservation action, the county may collect from the applicant any costs in excess of the amount of the surety held. (D) If the Administrator or governing body takes such measures upon such failure by the person conducting the land-disturbing activity, the Administrator may collect from such person for the difference should the amount of the cost of such action exceed the amount of the security held. (E) Within 60 days of the adequate stabilization of the land-disturbing activity, as determined by the Administrator, such bond, cash escrow, letter of credit, or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated, as the case may be. These requirements are in addition to all other provisions relating to the issuance of permits and are not intended to otherwise affect the requirements for such permits. (Ord. passed 6-12-2008) Penalty, see S 152.99 S 152.07 MONITORING, REPORTS, AND INSPECTIONS. (A) (1) The Administrator shall inspect the land-disturbing activity to ensure compliance with the approved plan and to determine whether the measures required in that plan are effective in controlling erosion and sediment resulting from the land-disturbing activity. The Administrator may require monitoring and reports from the person responsible for carrying out the plan. Furthermore, the District may inspect, monitor, and make reports for the Administrator, upon request. The right-of-entry to conduct such inspections shall be expressly reserved in the permit. The person responsible for carrying out the plan, or his or her duly designated representative, shall be afforded the opportunity to accompany the inspectors. (2) At such time that the person responsible for carrying out the plan feels that the land-disturbing activity is complete, a formal written request shall be made to the Administrator for a final inspection. (3) If, after completing the final inspection, the Administrator determines that the person responsible for carrying out the plan has met all requirements of this chapter, such bond, cash escrow, letter of credit, or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated, as stipulated within the bonding arrangement. (B) If the Administrator determines that the person responsible for carrying out the plan has failed to do sO, the Administrator shall immediately serve such person a notice to comply by registered or certified mail to the address specified in his or her permit application or by delivery at the site of the and-disturbing activity to the agent or employee supervising such activities. Such notice shall set forth specifically the measures needed to come into compliance with such plan and shall specify the time within which such measures shall be completed. If such person fails to comply within the time specified, the permit may be revoked and the permittee or the person responsible for carrying out the plan shall be deemed to be in violation of this chapter and upon conviction shall be subject to the penalties provided by S 152.10. (C) If land-disturbing activities have commenced without an approved plan, the Administrator may, in conjunction with or subsequent to a notice to comply as specified in this chapter, issue an order requiring that all of the land-disturbing activities be stopped until an approved plan or any required permits are obtained. (D) Upon receipt of a sworn complaint of a substantial violation of this chapter from the Designated Enforcement Officer, the Administrator may, in conjunction with or subsequent to a notice to comply as specified in division (B) above, issue an order requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken. Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the state, such an order may be issued htpsllexport.amlegal.cmlaplepont-regureguesisbie8iutcaso04074885-2a1d74e8516/download) 8/10 6/5/25, 4:07 PM opotaml-galcomaplewatrgassbisastoaHfcasp-difaes-2aig74e8516ldownload' whether or not the alleged violator has been issued a notice to comply as specified in division (B) above. Otherwise, such an order may be issued only after the alleged violator has failed to comply with a notice to comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for seven days from the date of service pending application by the enforcement authority or alleged violator for appropriate relief to the circuit court of the jurisdiction wherein the violation was alleged to have occurred. (E) The owner may appeal the issuance of an order to the Circuit Court of the county. (F) Upon completion of corrective action, the order shall immediately be lifted. Nothing in this section shall prevent the chief administrative officer from taking any other action specified in S 152.99. (Ord. passed 6-12-2008) Penalty, see S 152.99 S 152.08 EROSION IMPACT AREAS. (A) The Board of Supervisors may designate areas in the county which shall be classified as erosion impact areas. Any such designation and classification shall be deemed to be a component of the local control program. (B) Consistent with this chapter, and in order to prevent further erosion, the Administrator may require the approval of a conservation plan for any erosion impact area. Such plan shall be subject to all review, bonding, inspection, and enforcement provisions of this chapter which apply to approved land-disturbing permits. The plan must be submitted by the property owner. (Ord. passed 6-12-2008) Penalty, see S 152.99 S 152.09 ADMINISTRATIVE APPEAL; JUDICIAL REVIEW. (A) Final decisions of the Administrator under this chapter shall be subject to review by the Board of Supervisors provided an appeal is filed within 30 days from the date of any written decision of the Administrator which adversely affects the rights, duties, or privileges of the persons engaging in or proposing to engage in land-disturbing activities. (B) Final decisions of the Board of Supervisors under this chapter shall be subject to review by the Circuit Court of the county provided an appeal is filed within 30 days from the date of the final written decision which adversely affects the rights, duties, or privileges of the persons engaging in or proposing to engage in land-disturbing activities. (Ord. passed 6-12-2008) S 152.10 EFFECTIVE DATE. (A) This chapter was duly considered on June 12, 2008, and was adopted by a unanimous vote of the Board of Supervisors at its regular meeting held on June 12, 2008. (B) This chapter was/is effective on and after 12:01 a.m. on July 1, 2008. (Ord. passed 6-12-2008) $1 152.99 PENALTY. (A) A violation of this chapter shall be deemed a Class 1 misdemeanor. (B) (1) Any person who violates any provision of this chapter shall, upon a finding of the district court of the county, be assessed a civil penalty. The civil penalty for any one violation shall be not less than $100 nor more than $1,000, except that the civil penalty for commencement of land-disturbing activities without an approved plan shall be $1,000. Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations psleputamegplcomarlapstemssascaspAwTaNsaNdPeasiecomboal 9/10 6/5/25, 4:07 PM expontamlegal.comlalexport-requestsiie8ld6caes04047a86542a1d74c8516/download/ arising from the same operative set of facts result in civil penalties which exceed a total of $10,000, except that a series of violations arising from the commencement of land-disturbing activities without an approved plan for any site shall not result in civil penalties which exceed a total of $10,000. (2) Note: the adoption of civil oenalties according to this schedule shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under division (A) above. Refer to VA Code S 10.1-562J. (C) The Administrator may apply to the Circuit Court of the county for injunction relief to enjoin a violation or a threatened violation of this chapter without the necessity of showing that there does not exist an adequate remedy at law. (D) In addition to any criminal penalties provided under this chapter, any person who violates any provision of this chapter may be liable to the county in a civil action for damages. (E) Without limiting the remedies which may be obtained in this section, any person violating or failing, neglecting, or refusing to obey any injunction, mandamus, or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed $2,000 for each violation. (F) With the consent of any person who has violated or failed, neglected, or refused to obey any regulation or order of the Board, or any condition of a permit or any provision of this chapter, the Board, or Administrator, may provide an order issued by the Board or the Administrator against such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in division (E), above. Such civil charges shall be instead of any appropriate civil penalty, which could be imposed under subdivisions (B) and (E), above. (G) The Commonwealth's Attorney shall, upon request of the Administrator, take legal action to enforce the provisions of this chapter. (H) Compliance with the provisions of this chapter shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion or sedimentation that all requirements of law have been met and the complaining party must show negligence in order to recover any damages. (Ord. passed 6-12-2008) htpsllexportamiegalcomaplepot-reguesisbit8ia8cam0474868542a1d/48516idownload' 10/10 VESCP MODEL ORDINANCE December 2023 ATTACHMENT B VIRGINIA EROSION AND SEDIMENT CONTROL PROGRAM MODEL ORDINANCE This model ordinance is intended for any locality that has chosen not to establish a Virginia Erosion and Stormwater Management Program (VESMP) pursuant to subdivision B 3 ofs 62.1- 44.15:27 of the Code of Virginia. These localities are required to administer a Virginia Erosion and Sediment Control Program (VESCP) for land disturbing activity that (i) disturbs 10,000 square feet or more or (ii) disturbs 2,500 square feet or more in an area of a locality designated as a Chesapeake Bay Preservation Area pursuant to the Çhesapeake Bay Preservation Act (S 62.1- 44.15:67 et seq. oft the Code of Virginia). For such a land-disturbing activity in a Chesapeake Bay Preservation Area, the [VESCP authorityl also shall adopt requirements set forth in the Virgina Erosion and Stormwater Management Act and attendant regulations as required to regulate those activities in accordance with $8 62.1-44.15:28 and 62.1-44.15:34 of the Code of Virginia. Section 1.1. TITLE, PURPOSE, AND AUTHORITY A. This ordinance shall be known as the Erosion and Sediment Control Ordinance of [locality). " The purpose ofthis ordinance is to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources ofthe [localityl by establishing requirements for the effective control of soil erosion, sediment deposition and non-agricultural runoff and by establishing procedures whereby these requirements shall be administered and enforced. B. This ordinance is authorized by 8 62.1-44.15:54 of the Code of Virginia. Section 1.2. DEFINITIONS The following words and terms, when used in this ordinance, shall have the following meanings, unless the context clearly indicates otherwise. [OPTIONAL - ONLY INCLUDE IF LOCALITY WILL EXECUTE AN AGREEMENT IN LIEU] 'Agreement in lieu of a plan" means a contract between the [VESCP authorityl and the owner that specifies conservation measures that must be implemented to comply with the requirements of this ordinance for the construction of a (i) single-family detached residential structure or () farm building or structure on a parcel ofl land with a total impervious cover percentage, including the impervious cover from the farm building or structure to be constructed, ofless than five percent; this contract may be executed by the [VESCP authority! in lieu of formal site plan. "Applicant" means any person submitting an erosion and sediment control plan for approval in order to obtain authorization for land-disturbing activities to commence. "Board" means the State Water Control Board. VESCP MODEL ORDINANCE December 2023 "Certified inspector for ESC" means an employee or agent of the VESCP authority who (i) holds a certificate of competence from the department in the area ofp project inspection or (ii) is enrolled in the department's training program for project inspection and successfully completes such program within one year after enrollment. "Certified plan reviewer for ESC" means an employee or agent of the VESCP authority who (i) holds a certificate of competence from the department in the area of plan review, (ii) is enrolled in the department's training program for plan review and successfully completes such program within one year after enrollment, or (in) is licensed as a professional engineer, architect, landscape architect, land surveyor pursuant to Article 1 (S 54.1-400 et seq.) of Chapter 4 ofTitle 54.1 of the Code of Virginia, or professional soil scientist as defined in S 54.1-2200. "Certified program administrator for ESC" means an employee or agent of the VESCP authority who holds a certification from the department in the classification of program administrator or (i) is enrolled in the department's training program for program administration and successfully completes such program within one year after enrollment. [INCLUDE ONLY IF THE LOCALITY IN IN A CBPA] "Chesapeake Bay Preservation Act" means Article 2.5 (S 62.1 1-44.15:67 et seq.) ofChapter 3.1 of Title 62.1 of the Code of Virginia. [INCLUDE ONLY IF THE LOCALITY IN IN A CBPA] "Chesapeake Bay Preservation Area" means any land designated by a local government pursuant to Part III (9VAC25-830-70 et seq.) ofthe Chesapeake Bay Preservation Area Designation and Management Regulations and $ 62.1-44.15:74 of the Code of Virginia. A Chesapeake Bay Preservation Area shall consist ofa Resource Protection Area and a Resource Management Area as defined in the Chesapeake Bay Preservation Area Designation and Management Regulations (9VAC25-830). "City" means the City of [localityl. (If applicable.) "Clearing" means any activity which removes the vegetative ground cover including, root mat removal or topsoil removal. (Optional or local definition may be used.) "County" means the County of [locality). (Ifapplicable.) "Department" means the Virginia Department of Environmental Quality. "District" or "Soil and Water Conservation District" refers to the [name of district] Soil and Water Conservation District. (Ifapplicable.) "Erosion and sediment control plan" or "plan" means a document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be SO treated to achieve the conservation objectives. "Erosion impact area" means an area of land that is not associated with a current land-disturbing activity but is subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for residential purposes [or to shorelines where the erosion results from wave action or other coastal processes.] (Include shoreline reference, if applicable.) VESCP MODEL ORDINANCE December 2023 [OPTIONAL - ONLY INCLUDE IF LOCALITY WILL EXECOTE AN AGREEMENT IN LIEU] "Farm building or structure" means the same as that term is defined in $ 36-97 of the Code of Virginia and also includes any building or structure used for agritourism activity, as defined in $ 3.2-6400, and any related impervious surfaces including roads, driveways, and parking areas. "Excavating" means any digging, scooping or other methods ofremoving earth materials. (Optional or local definition.) "Filling" means any depositing or stockpiling of earth materials. (Optional or local detinition.) "Grading" means any excavating or filling of earth material or any combination thereof, including the land in its excavated or filled conditions. (Optional or local definition.) "Land disturbance" or "land-disturbing activity" means a man-made change to the land surface that may result in soil erosion or has the potential to change its runoff characteristics, including the clearing, grading, excavating, transporting, and filling of land. Land-disturbing permit or approval" means a permit or an approval allowing a land-disturbing activity to commence issued by [VESCP authority) after the requirements of S 62.1 1-44.15:55 ofthe Code ofVirginia have been met. (Optional or local definition.) "Natural channel design concepts" means the utilization of engineering analysis and fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bankfull storm event within its banks and allows larger flows to access its bankfull bench and its floodplain. "Owner" means the same as provided in $ 62.1 1-44.3 of the Code of Virginia. For a land-disturbing activity that is regulated under. Article. 2.4 (S 62.1-44.15:51 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia and this ordinance, "owner" also includes the owner or owners of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or corporation in control of a property. "Peak flow rate" means the maximum instantaneous flow from a prescribed design storm at a particular location. "Percent impervious" means the impervious area within the site divided by the area oft the site multiplied by 100. Permittee" means the person to whom the permit is issued. "Person" means any: individual, partnership, firm, association,, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town, or other political subdivision ofthe Commonwealth, governmental body, including a federal or state entity as applicable, any interstate body, or any other legal entity. "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. The RLD may be the owner, applicant, permittee, designer, superintendent, project manager, contractor, or any other project or development team member. The RLD must be designated on the erosion and sediment control plan or permit as defined in the Virginia Erosion VESCP MODEL ORDINANCE December 2023 and Stormwater Management Regulation (9VAC25-875) as a prerequisite for engaging in land disturbance. The RLD must be designated on the erosion and sediment control plan or permit as defined in this ordinance as a prerequisite for engaging in land disturbance. Runoffvolume" means the volume of water that runs offthe land development project from a prescribed storm event. "Single-family detached residential structure" means a noncommercial dwelling that is occupied exclusively by one family. "State waters" means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands. Transporting" means any moving ofearth materials from one place to another place other than such movement incidental to grading, when such movement results in destroying the vegetative ground cover either by tracking or the buildup of earth materials to the extent that erosion and sedimentation will result from the soil or earth materials over which such transporting occurs. (Optional or local definition.) "Town" means the incorporated town of [locality]. (If applicable.) "Virginia Erosion and Sediment Control Program" or "VESCP" means a program approved by the department that is established by a VESCP authority for the effective control ofs soil erosion, sediment deposition, and nonagricultural runoff: associated with a land-disturbing activity to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources and shall include such items where applicable as local ordinances, rules, policies and guidelines, technical materials, and requirements for plan review, inspection, and evaluation consistent with the requirements of the Erosion and Sediment Control Law (ESCL). "Virginia Erosion and Sediment Control Program authority" or "VESCP authority,' I for purposes of this ordinance means [localityl that has been approved by the department to operate a Virginia Erosion and Sediment Control Program in accordance with Article 2.4 (S 62.1-44.15:51 et seq.) of Chapter 3.1, the State Water Control Law, ofTitle 62.1 ofthe Code of Virginia. "VESCP plan-approving authority" means the [local department or position title in locality] responsible for determining the adequacy ofa plan submitted for land-disturbing activities on a unit or units oflands and for approving plans. "VPDES Permit" means a General VPDES (Virginia Pollutant Discharge Elimination System) Permit for Discharges of Stormwater from Construction Activities, 9VAC25-880, issued by the department pursuant to $ 62.1-44.15 of the Code of Virginia for stormwater discharges from a land-disturbing activity. (Optional or local definition.) Section 1.3.) LOCAL EROSION AND SEDIMENT CONTROL PROGRAM Pursuant to $ 62.1-44.15:54 oft the Code of Virginia, the [VESCP authorityl hereby establishes a Virginia Erosion and Sediment Control Program (VESCP) and adopts the regulations promulgated by the Board (for the effective control ofs soil erosion and sediment deposition to prevent the unreasonable degradation of properties, stream channels, waters and other natural resources) [The following additional text is optional at the discretion ofthe VESCP authority: VESCP MODEL ORDINANCE December 2023 and the Virginian Stormwater Management Handbook). In accordance with $ 62.1-44.15:52ofthe Code of Virginia, any plan approved prior to July 1, 2014 that provides for stormwater management that addresses any flow rate capacity and velocity requirements for natural or man-made channels shall satisfy the flow rate capacity and velocity requirements for natural or man-made channels ifthe practices are designed to () detain the water quality volume and to release it over 48 hours; (ii) detain and release over a 24-hour period the expected rainfall resulting from the one year, 24-hour storm; and (iii) reduce the allowable peak flow rate resulting from the 1.5,2, and 10-year, 24-hour storms to a level that is less than or equal to the peak flow rate from the site assuming it was in a good forested condition, achieved through multiplication ofthe forested peak flow rate by a reduction factor that is equal to the runoffvolume from the site when it was in a good forested condition divided by the runoffvolume from the site in its proposed condition, and shall be exempt from any flow rate capacity and velocity requirements for natural or man-made channels. A. For plans approved on and after July 1, 2014, the flow rate capacity and velocity requirements for natural and man-made channels shall be satisfied by compliance with water quantity requirements specified 9VAC25-875-600, unless such land-disturbing activities are in accordance with the grandfathering provisions of9VAC25-875-490. B. Pursuant to $ 62.1-44.15:53 of the Code of Virginia, an erosion control plan shall not be approved until it is reviewed by a certified plan reviewer for ESC. Inspections ofl land- disturbing activities shall be conducted by a certified inspector for ESC. The Erosion and Sediment Control Program of [localityl shall contain a certified program administrator for ESC, a certified plan reviewer for ESC, and a certified inspector for ESC(who may be the same person.) C. The [localityl hereby designates department or position title] as the VESCP plan- approving authority. D. The program and regulations provided for in this ordinance shall be made available for public inspection at the office ofthe department or position title]. Section 1.4. REGULATED LAND-DISTURBING ACTIVITIES A. Land-disturbing activities that meet one of the criteria below are regulated as follows: 1. Land-disturbing activity that disturbs [10,000] smaller area specified by the locality] square feet or more, is less than one acre, not in an area of a locality designated as a Chesapeake Bay Preservation Area, and not part of a common plan of development or sale, is subject to criteria defined in Article 2 (9VAC25-875-540 et seq.) of Part V of the Virginia Erosion and Stormwater Management Regulation (Regulation).] 2. Land-disturbing activity that disturbs [2,500] smaller area specified by the locality] square feet or more, is less than one acre, and in an area of a locality designated as a Chesapeake Bay Preservation Area is subject to 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 V of the Regulation is applicable, as determined in accordance with 9VAC25-875-480 and 9VAC25-875-490. VESCP MODEL ORDINANCE December 2023 Section 1.5. ACTIVITIES NOT REQUIRED TO COMPLY WITH THE ESCL A. Notwithstanding any other provisions of the Erosion and Sediment Control Law for Localities Not Administering a Virginia Erosion and Stormwater Management Program (ESCL), the following activities are not required to comply with the ESCL unless otherwise required by federal law: 1. Disturbance of a land area ofless than 10,000 [smaller area specified by the locality] square feet in size [USE ONLY IF LOCALITY HAS DESIGNATED CBPA -or less than 2,500 [smaller area specified by the localityl square feet in an area designated as a Chesapeake Bay Preservation Area pursuant to the Chesapeake Bay Preservation Act (S 62.1-44.15:67 et seq. of the Code of Virginia)l; 2. Minor land-disturbing activities such as home gardens and individual home landscaping, repairs, and maintenance work; 3. Installation, maintenance, or repair of any individual service connection; 4. Installation, maintenance, or repair of any underground utility line when such activity occurs on an existing hard surfaced road, street, or sidewalk, provided the land- disturbing activity is confined to the area of the road, street, or sidewalk that is hard surfaced; 5. Installation, maintenance, or repair of any septic tank line or drainage field unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system; 6. Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted pursuant to Title 45.2 of the Code of Virginia; 7. Clearing ofl lands specifically for bona fide agricultural purposes; the management, tilling, planting, or harvesting ofagricultural, horticultural, or forest crops; livestock feedlot operations; agricultural engineering operations, including construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; or as additionally set forth by the board in regulations. However, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (S 10.1-1100 et seq.) ofTitle 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in subsection B ofs 10.1-1163 oft the Code of Virginia; 8. Installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles; VESCP MODEL ORDINANCE December 2023 9. Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Virginia Marine Resources Commission, or the United States Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to the ESCL and the regulations adopted pursuant thereto; 10. Land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the VESCP authority shall be advised ofthe disturbance within seven days of commencing the land-disturbing activity, and compliance with the administrative requirements of subsections 1.6, 1.7 and 1.8 of this ordinance are required within 30 days of commencing the land-disturbing activity; 11. Discharges to a sanitary sewer or a combined sewer system that are not from a land- disturbing activity; and 12. Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and other related structures and facilities of a railroad company. Section 1.6. SUBMISSION AND APPROVAL OF PLANS; CONTENTS OF PLANS A. Except as provided herein, no person may engage in any regulated land-disturbing activity until he or she has submitted to the [VESCP authorityl an erosion and sediment control plan for the regulated land-disturbing activity and such plan has been approved by the IVESCP authorityl. No approval to begin a land disturbing activity will be issued unless evidence ofVPDES permit coverage is obtained where it is required. [OPTIONAL - USE IF LOCALITY ACCEPTS AGREEMENT IN LIEU Where the land-disturbing activity results from the construction ofa (i) single-family detached residential structure or (ii) farm building or structure on a parcel ofland with a total impervious cover percentage, including the impervious cover from the farm building or structure to be constructed, of less than five percent, an agreement in lieu of a plan may be substituted for an erosion and sediment control plan if executed by the VESCP plan- approving authority. B. The standards contained within the "Virginia Erosion and Stormwater Management Regulation (9VAC25-875)" [optional to include: the Virginia Stormwater Management Handbook, as amended] and [any local handbook or publication) are to be used by the applicant when making a submittal under the provisions of this ordinance and in the preparation of an erosion and sediment control plan. The VESCP plan-approving authority, in considering the adequacy of a submitted plan, shall be guided by the same standards, regulations and guidelines. When the standards vary between the publications, the Virginia Erosion and Stormwater Management Regulation shall take precedence. C. The VESCP plan-approving authority shall review erosion and sediment control plans submitted to it and grant written approval within 60 days ofthe receipt of the plan ifit VESCP MODEL ORDINANCE December 2023 determines that the plan meets the requirements ofthe Erosion and Sediment Control Law for Localities not Administering a Virginia Erosion and Stormwater Management Program and 9VAC25-875, and ifthe person responsible for carrying out the plan certifies that he or she will properly perform the erosion and sediment control measures included in the plan and will comply with thej provisions of this ordinance. In addition, as a prerequisite to engaging in the land-disturbing activities shown on the approved plan, the person responsible for carrying out the plan shall provide the name oft the responsible land disturber to the VESCP authority, as required by 9VAC25-875-300 and 9VAC25-875-550, who will be in charge of and responsible for carrying out the land-disturbing activity. Failure to provide the name of the responsible land disturber, prior to engaging in land-disturbing activities may result in revocation ofthe approval oft the plan and the person responsible for carrying out the plan shall be subject to the penalties provided in this ordinance. [The following additional text is optional at the discretion of the VESCP authority: However; the VESCP plan-approving authority may waive the Responsible Land Disturber" certificate requirement, for an agreement in lieu ofa plan for construction ofa single-family detached residential structure. If a violation OCCITS during the land-disturbing activity associated with the construction ofthe single-family detached residential structure, then the person responsible for carrying out the agreement in lieu ofa plan shall correct the violation and provide the name of the responsible land disturber to the VESCP authority. Failure to provide the name ofthe responsible land disturber" shall be a violation ofthis ordinance. End of optional text.] D. When the plan is determined to be inadequate, written notice of disapproval stating the specific reasons for disapproval shall be communicated to the applicant within 45 days. The notice shall specify such modifications, terms and conditions that will permit approval of the plan. Ifi no action is taken within 45 days, the plan shall be deemed approved and the person authorized to proceed with the proposed activity. E. The IVESCP authorityl shall act on any erosion and sediment control plan that has been previously disapproved within 45 days after the plan has been revised, resubmitted for approval, and deemed adequate. F. The [VESCP authorityl may require changes to an approved plan when: 1. The inspection reveals that the plan is inadequate to satisfy applicable regulations; or 2. The person responsible for carrying out the plan finds that because of changed circumstances or for other reasons the approved plan cannot be effectively carried out, and proposed amendments to the plan, consistent with the requirements of this ordinance, are agreed to by the VESCP plan-approving authority and the person responsible for carrying out the plans. G. Variances: The VESCP plan-approving authority may waive or modify any oft the standards that are deemed to be inappropriate or too restrictive for site conditions, by granting a variance. A variance may be granted under these conditions: VESCP MODEL ORDINANCE December 2023 1. At the time of plan submission, an applicant may request a variance to become part of the approved erosion and sediment control plan. The applicant shall explain the reasons for requesting variances in writing. Specific variances which are allowed by the VESCP plan-approving authority shall be documented in the plan. 2. During construction, the person responsible for implementing the approved plan may request a variance in writing from the VESCP plan-approving authority. The VESCP plan-approving authority shall respond in writing either approving or disapproving such a request. Ifthe VESCP plan-approving authority does not approve a variance within 10 days of receipt oft the request, the request shall be considered to be disapproved. Following disapproval, the applicant may resubmit a variance request with additional documentation. 3. The [VESCP authorityl shall consider variance requests judiciously, keeping in mind both the need of the applicant to maximize cost effectiveness and the need to protect off-site properties and resources from damage. H. In order to prevent further erosion, the [localityl may require approval of a plan for any land identified in the local program as an erosion impact area. I. When a land-disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission, and approval of an erosion and sediment control plan shall be the responsibility of the owner. J. As an alternative to submitting soil erosion control and stormwater management plans pursuant to $ 62.1-44.15:34 of the Code ofVirginia to the IVESCP authorityl, any person engaging in more than one jurisdiction in the creation and operation of a wetland mitigation or stream restoration bank that has been approved and is operated in accordance with applicable federal and state guidance, laws, or regulations for the establishment, use, and operation of (i) a wetlands mitigation or stream restoration bank, pursuant to a mitigation banking instrument signed by the Department, the Marine Resources Commission, or the U.S. Army Corps of Engineers, or (ii) a stream restoration project for purposes of reducing nutrients or sediment entering state waters may submit standards and specifications for Department approval that describe how land-disturbing activities shall be conducted. Section 1.7. EROSION AND SEDIMENT CONTROL PLAN: CONTENTS OF PLANS A, An erosion and sediment control plan shall be filed for a development and the buildings constructed within, regardless oft the phasing of construction. The erosion and sediment control plan shall be consistent with the criteria, techniques, and methods in 9VAC25- 875-560. The erosion and sediment control plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be SO treated to achieve the conservation objectives in 9VAC25-875-560. The erosion and sediment control plan may include: VESCP MODEL ORDINANCE December 2023 1. Appropriate maps; 2. An appropriate soil and water plan inventory and management information with needed interpretations; and 3. A. record of decisions 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 activity to the VESMP authority. [Note: The VESMP authority may waive the Responsible Land Disturber certificate requirement for an agreement in lieu ofaj plan in accordance with $ 62.1-44.15:34 or $ 62.1-44.15:55 of the Code of Virginia.] C. Ifindividual lots or sections in a residential development are being developed by different property owners, all land-disturbing activities related to the building construction shall be covered by an erosion and sediment control plan [OPTIONAL IF LOCALITY ACCEPTS AN AGREEMET IN LIEU: or an - Agreement in Lieu of a Plan" signed by the property owner). D. Land-disturbing activity of less than 10,000 square feet on individual lots in a residential development shall not be considered exempt from the provisions of the VESMA, ESCL, or this ordinance if the total land-disturbing activity in the development is equal to or greater than 10,000 square feet. Section 1.8. PERMITS; FEES; SECURITY FOR PERFORMANCE A. Agencies authorized under any other law to issue grading, building, or other permits for activities involving land-disturbing activities shall not issue any such permit unless the applicant submits with his application an approved erosion and sediment control plan, certification that the plan will be followed and evidence of VPDES permit coverage where it is required. B. No person may engage in any land-disturbing activity until he or she has acquired a land- disturbing permit (unless the proposed land-disturbing activity is specifically exempt from the provisions of this ordinance), has paid the fees and has posted the required bond. C. An administrative fee of [amount, fee schedule, or reference to Iocal ordinance! shall be paid to [localityl at the time of submission of the erosion and sediment control plan. D. No land-disturbing permit shall be issued until the applicant submits with his or her application an approved erosion and sediment control plan [or agreement in lieu of an approved erosion and sediment control plan] and certification that the plan will be followed. VESCP MODEL ORDINANCE December 2023 E. The following additional text is optional at the discretion ofthe VESCP authority: All applicants for permits shall provide to the flocality/ a performance bond with surety, cash escrow, o1 an irrevocable letter ofcredit acceptable to the position title), to ensure that measures could be taken by the [localityl at the applicant's expense should the applicant fail, after proper notice, within the time specified to initiate 07 maintain appropriate conservation measures required ofhim or her by the approved plan as a result ofhis land-disturbing activity. The amount oft the bond or other. security. for performance shall not exceed the total ofthe estimated cost to initiate and maintain appropriate conservation action based on unit price for new public 07 private sector construction in the locality and a reasonable allowancef for estimated administrative costs and inflation which shall not exceed twenty- five percent ofthe cost ofthe conservation action. Should it be necessary, for the flocality/ to take such conservation action, the [locality/ may collecifrom the applicant any costs in excess ofthe amount ofthe surety held. Within sixty (60) days of adequate stabilization, as determined by [department or" position title] in any project 07 section of a) project, such bond, cash escrow 07 letter of credit, or the unexpended 07 umobligated portion thereof, shall be either refimded to the applicant or terminated, based upon the percentage ofstabilization accomplished in the project o1 project section, These requirements are in addition to all other provisions relating to the issuance ofpermits and are not intended to otherwise affect the requirements. for such permits. [End of optional language.) Section 1.9. MONITORING. REPORTS, AND INSPECTIONS A. The responsible land disturber, as provided by $ 62.1-44.15:52, shall be in charge of and responsible for carrying out the land-disturbing activity and provide for periodic inspections of the land-disturbing activity. The person responsible for carrying out the plan shall monitor the land-disturbing activity. The person responsible for carrying out the plan will maintain records of these inspections and maintenance, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. B. The department or position title] shall periodically inspect the land-disturbing activity in accordance with 9VAC25-875-330 to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. The owner, permittee, or person responsible for carrying out the plan shall be given notice of the inspection and shall such inspection in accordance with $ 62.1-44.15:60 and the land-disturbing permit. Ifthe Iposition title] determines that there is a failure to comply with the plan, notice to comply may be served upon the permittee or person responsible for carrying out the plan. Such notice shall be served by delivery by facsimile, e-mail, or other technology; by mailing with confirmation of delivery to the address specified in the permit application or in the plan certification, if available, or in the land records of the locality; or by delivery VESCP MODEL ORDINANCE December 2023 at the site of the land-disturbing activities to the agent or employee supervising such activities. The notice to comply shall specify the measures needed to comply with the land- disturbance approval conditions or shall identify the plan approval or land-disturbance approval needed to comply with this article and shall specify a reasonable time within which such measures shall be completed. Upon failure to comply within the specified time, any plan approval or land-disturbance approval may be revoked and the permittee or person responsible for carrying out the plan shall be subject to the penalties provided by this ordinance. C. Upon issuance of an inspection report denoting a violation of $ 62.1-44.15:55 of the Code of Virginia, the [position title] may, in conjunction with or subsequent to a notice to comply as specified in this ordinance, issue an order requiring that all or part of the land- disturbing activities permitted on the site be stopped until the specified corrective measures have been taken. Ifland-disturbing activities have commenced without an approved plan, the position (itle] may issue an order requiring that all ofthe land-disturbing activities be stopped until an approved plan or any required permits are obtained. Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion ofl lands or sediment deposition in waters within the watersheds ofthe Commonwealth, or where the land-disturbing activities have commenced without an approved plan, such a stop work order may bei issued without regard to whether the alleged violator has been issued a notice to comply as specified in this ordinance. Otherwise, such an order may be issued only after the alleged violator has failed to comply with such a notice to comply. The stop work order shall be served in the same mamner as a notice to comply, and shall remain in effect for a period of seven days from the date of service pending application by the [locality] or permit holder for appropriate relieft to the Circuit Court of [locality] [or other appropriate court]. The [localityl shall serve such order for disturbance without an approved plan upon the owner by mailing with confirmation of delivery to the address specified in the land records. The order shall be posted on the site where the disturbance is occurring, and shall remain in effect until permits and plan approvals are secured, except in such situations where an agricultural exemption applies. Ifthe alleged violator has not obtained an approved plan within seven days from the date of service of the stop work order, the Iposition title] may issue an order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan has been obtained. Such an order shall be served upon the owner by mailing with confirmation of delivery to the address specified in the plan or the land records of [localityl. VESCP MODEL ORDINANCE December 2023 The owner may appeal the issuance of an order to the Circuit Court of [locality] [or other appropriate court]. Any person violating or failing, neglecting or refusing to obey an order issued by [position title] may be compelled in a proceeding instituted in the Circuit Court of [locality] to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. Upon completion and approval of corrective action or obtaining an approved plan, the order shall immediately be lifted. Nothing in this section shall prevent the Iposition titlel from taking any other action authorized by this ordinance or other applicable laws. Section 1.10. PENALTIES, INJUNCTIONS, AND OTHER LEGAL ACTIONS A. Any person who has violated or failed, neglected, or refused to obey any order, notice, or requirement of the IVESCP authorityl, any condition of a land-disturbance approval, or any provision of this ordinance shall, upon a finding of the District Court of [localityl, be assessed a civil penalty. The civil penalty for any one violation shall be not less than $100 nor more than $1,000, except that the civil penalty for commencement of land- disturbing activities without an approved plan shall be $1,000. Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of$10,000, except that a series of violations arising from the commencement ofland-disturbing activities without an approved plan for any site shall not result in civil penalties which exceed a total of$10,000. B. The Iposition title), or the owner or property which has sustained damage, or which is in imminent danger of being damaged, may apply to the Circuit Court of [localityl to enjoin a violation or a threatened violation of 8S 62.1-44.15:55 or 62.1-44.15:58 of the Code of Virginia, without the necessity of showing that an adequate remedy at law does not exist. However, an owner of property shall not apply for injunctive relief unless (i) he has notified in writing the person who has violated the local program, and the program authority, that a violation of the local program has caused, or creates a probability of causing, damage to his property, and (ii) neither the person who has violated the local program nor the program authority has taken corrective action within fifteen days to eliminate the conditions which have caused, or create the probability of causing, damage to his property. C. In addition to any criminal or civil penalties provided under this ordinance, any person who violates any provision oft the Erosion and Sediment Control Law may be liable to [locality] in a civil action for damages. D. Without limiting the remedies which may be obtained in this section, any person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other VESCP MODEL ORDINANCE December 2023 remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed $2,000 for each violation. A civil action for such violation or failure may be brought by the [localityl. Any civil penalties assessed by a court shall be paid into the treasury of [localityl, except that where the violator is the locality itself, or its agent, the court shall direct the penalty to be paid into the state treasury. E. With the consent of any person who has violated or failed, neglected or refused to obey any regulation or condition of a permit or any provision of this ordinance, or order oft the IVESCP authorityl the [localityl may provide for the payment of civil charges for violations in specific sums, not to exceed the limit specified in Subsection D ofthis section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under Subsection A or D. F. The Commonwealth's Attorney shall, upon request of the [localityl, take legal action to enforce the provisions oft this ordinance. Section 1.11. APPEALS AND JUDICIAL REVIEW A. Final decisions of the [localityl under this ordinance shall be subject to review by the [authorityl Circuit Court, provided an appeal is filed within 30 days from the date of any written decision adversely affecting the rights, duties, or privileges of the person engaging in or proposing to engage in land-disturbing activities. Mobile Home Ordinance Review 6/5/25, 4:47 PM expot.miegal.comapleratmgps.sisea3047AS00AtNeh93-bicbelbownlpad' MANUFACTURED HOMES S 154.105 PURPOSE. The purpose of this subchapter is to regulate and govern the establishment and operation of manufactured homes and manufactured home parks and to promote the public health, comfort, safety, and general welfare of the citizens of the county by: providing for the locations and operation of individual manufactured homes and manufactured home parks; establishing minimum standards for conditions and facilities thereof; fixing the responsibilities and duties of owners and operators thereof; and fixing penalties for violations. (Ord. passed 8-10-1989) S 154.106 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CERTIFICATE OF OCCUPANCY. A certificate issued by the County Building Official certifying that a structure is in compliance with all applicable requirements of the Uniform Statewide Building Code and County Building Ordinance. MANUFACTURED HOME. A structure subject to federal regulation, which: is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. (VA Code S 36-85.3) MANUFACTURED HOME PARK. A tract of land or a combination of tracts of land under single ownership or management which has been designed, constructed, equipped, operated, and maintained for the placement of two or more manufactured homes. MOBILE HOME. A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. RECREATIONAL VEHICLE. Any vehicle, with or without collapsible sides, designed, used, or maintained for use as a conveyance upon highways, either self-propelled or designed to be towed by another vehicle, and which is SO designed and constructed as to permit occupancy thereof as a temporary dwelling or sleeping place for one or more persons. The term RECREATIONAL VEHICLE shall include the terms CAMPER, CAMPING TRAILER, TRAVEL TRAILER, SELF-PROPELLED MOTOR HOME, MOTOR HOME, CAMPER VEHICLE, and RV. (Ord. passed 8-10-1989) S 154.107 ADMINISTRATION. (A) Administration. (1) The County Board of Supervisors shall administer this subchapter. In doing sO, the Board may designate an agent to act for it in making a recommendation as to the approval or disapproval of any plan of development submitted; however, the sole responsibility for the enforcement of this subchapter paslegontamiegaicomaslepatepassts2i5cA3M04TASAteusgadbideltbowmtboal 1/10 6/5/25, 4:47 PM potamegal.comaplewatrussn2AscA7047P20/-Atioelownoad. shall rest with the Board, which shall not be bound by the recommendations of any agent appointed by it. (2) Any person whose application for a permit under this subchapter has been denied may request, and shall be granted, a hearing on the matter before the Board of Supervisors. (B) Permits. (1) No individual manufactured home shall be located or relocated within the county until a building permit is granted. No building permit shall be granted for residential use of a manufactured home in the county until an approved water well and septic tank disposal system has been installed and certified operational by the County Sanitarian, State Department of Health. (2) Once all requirements have been met regarding the placement of a mobile home within the county except for the installation of water and septic disposal systems, the Building Official shall provide to the applicant a conditional certificate which shall guarantee the issuance of a building permit when the approved water well and septic tank disposal system has been installed and certified operational by the County Sanitarian, State Department of Health. (C) Mobile homes prohibited in hurricane zone. No mobile homes shall be located in any area in the county designated as a hurricane zone unless such mobile home is brought up to current HUD standards for manufactured homes. (D) Manufactured home used as residential dwelling. No person, persons, firm, corporation, manufactured home dealer or seller, installer, or transporter shall locate or relocate a manufactured home within the boundaries of the county for the purpose of being eventually used as a dwelling without first verifying that an approved water well and septic tank system has been installed before placing the manufactured home on the site. (E) Main structure. All manufactured homes to be occupied as a dwelling shall be considered a main structure and regulated as such. (F) Individual sewage disposal system. No individual manufactured home shall be connected to the sewer system of any other manufactured home or to the sewer system of any other main structure. (G) Entry into the county/relocation within the county. (1) No person, persons, firm, corporation, manufactured home dealer or seller, installer, or transporter shall move or transport a manufactured home into the county for the purpose of said manufactured home being eventually located in the county without first having obtained a building permit. (2) No person, persons, firm, corporation, manufactured home dealer or seller, installer, or transporter shall move, transport, store, or maintain a manufactured home within the boundaries of the county for the purpose of relocating said manufactured home onto another site within the county without first having obtained a building permit. (3) Manufactured home dealers licensed by the state for the sale of such homes, which transport a manufactured home into the county to said dealer's place of business for the purpose of resale to the general public shall be exempt from this section for that period during which the manufactured home unit remains on the dealer's sale lot. (H) Removal of unit located or relocated in county without building permit. (1) Ifa a manufactured home is illegally located or relocated in the county in violation of this subchapter, the Board of Supervisors, after giving ten calendar days' notice to the owner of the said manufactured home or the owner of the real property on which the manufactured home is located if the owner of the manufactured home cannot be determined or located, shall have the right to cause the removal of said manufactured home from its location and store said manufactured home in a htps.lexporlamlegal.cmlAplepot-reguseuassb3245.c4370017288007-46892c9bicjeldownload 2/10 6/5/25, 4:47 PM exportamlegal.comlaplexport-requesisi3245.+37004178-807-16093cgbic3e/download/ location approved by the Board for that specific enforcement purpose until such time as the owner reclaims the manufactured home. The expenses of removing the manufactured home and storing it shall be a lien against the manufactured home and must be paid before the manufactured home is released to the owner, provided that the Board shall not be required to release the manufactured home until such time as the owner can present evidence that the manufactured home will be removed from the county or located in the county in conformance with this subchapter. The county, its Board of Supervisors, or any of its agents shall not be responsible for any damage occurring to unit in process of moving or storage under this section. (2) It is further provided that after 30 days, the Board shall have the right to enforce the lien against any manufactured home removed or stored under the provisions of this section by following the provisions of VA Code S 36-7043-34, or by following the provision of any code section replacing VA Code S 43-34. (I) Notification. (1) The County Building Official must be present and on the site at the time that a manufactured home is delivered to any such site within the boundaries of the county for the purpose of being set up on such site. It shall be the responsibility of the homeowner, landowner, seller, manufactured home dealer, installer, and hauler to assure that the Building Official has been notified at least 24 hours in advance of the delivery and that a time suitable to the Building Official has been arranged for such delivery. No manufactured home shall be set on a site until the Building Official is present and has inspected the site. (2) The Building Official shall be notified that a manufactured home will be moved or transported within the county to a location within the county and shall be provided with the following information: (a) Destination; (b) Date; (c) Time; (d) Owner; (e) Landowner; (f) Title number; (g) Serial number; (h) Make; (i) Model; () Year; (k) Dimensions (length and width); and (1) HUD number. (3) The Building Official shall also be notified within ten days of the removal of a manufactured home from the county. (J) Perimeter enclosure. (1) Every manufactured home to be located or relocated in the county shall be skirted on all four sides; skirting shall be securely fastened in place. The skirting shall be installed prior to the issuance of an occupancy permit and the authorization for electrical service. htpsllexport.amlegal.cegalcomapleport-regureguesisb32452370.417288007-4689249bieeldownload' 3/10 6/5/25, 4:47 PM exportamlegal.comlaplexpotequestsin3245.+370041788007-16b92-9b1c3e/download/ (2) Skirting shall be of rigid weatherproof material approved by the Building Official. Any such skirting shall be properly vented and supplied with an approved means of access to meet the requirements of the Building Code. (K) Certificate of use and occupancy. (1) No individual manufactured home shall be occupied until a certificate of use and occupancy shall have been issued by the Building Official. (2) The certificate of use and occupancy shall not be issued until the following have been completed, inspected, and approved by the Building Official: (a) Footing/foundation inspection; (b) Mounting/support pillar inspection; (c) Anchoring/le-down inspection; (d) Drainage line inspection; (e) Water line inspection; (f) Step, stoop, and nandrail inspection; and (g) Electrical power supply approval inspection. (3) After these have been approved by the Building Official, a certificate of use and occupancy shall be issued; but not until such time is anyone to be living in said manufactured home. (4) Within 30 days after receipt of the certificate of use and occupancy, the owner or occupant shall verify to the Building Official that a successful bacteriological examination of the water to be used within the manufactured home has been completed. (L) Compliance. (1) The owner, landowner, permit holder, or his or her authorized agent shall bring the manufactured home into compliance with the provisions of the State Industrialized Building Safety Law, VA Code SS 36-70 et seq., the State Uniform Statewide Building Code, and this subchapter, including any existing amendments and amendments which may hereafter be adopted, within 60 days after the issuance of the building permit. (2) Should the manufactured home not be in compliance as stated above within the initial 60 days, the Building Official shall give written notice to the owner, landowner, or permit holder, that unless the necessary conditions or practices to bring the structure into compliance are completed to the satisfaction of the Building Official within an additional 30 days, the Building Official shall immediately initiate the appropriate legal proceedings. (M) Existing manufactured homes. (1) Nothing contained herein shall be construed as authorizing the continuation of violations in connection with any mobile or manufactured home located in the county. The Building Official is hereby expressly authorized to require the correction of any such violations to the extent necessary to bring any such mobile or manufactured home into compliance with said regulations and codes as they existed on the date on which the mobile or manufactured home was located in the county. (2) Existing mobile or manufactured homes may be replaced with manufactured home units meeting the requirements of this section and setback requirements. (N) Enforcement. htpaslexportamlegal.cegalcomlaplemporteregyessb3245.c43700417288007-4689369bic3eldownload" 4/10 6/5/25, 4:47 PM exportamlegal.comlaplepotequesisiD324520+3700-41788007-16b93-9b1c3e/download) (1) The Health Officer and Building Official are authorized, empowered, and directed to make periodic and frequent inspections throughout the county to ascertain whether there are manufactured homes or manufactured home parks within the county in violation of county and state laws. The Health Officer shall notify the Building Official of any such violations SO that action may be taken to correct the situation. (2) The Building Official shall have the right, at all reasonable hours, to enter onto any landowner's property for examination as to compliance with all local, state, and federal laws and regulations. (O) Undue hardship or departure without destroying intent. The provisions of this subchapter may be deemed not applicable in those situations where, in the opinion of the Board of Supervisors, undue or unnecessary hardship would be caused, and where a departure may be made without destroying the intent of this subchapter to regulate the orderly development of the county for the protection of its citizens, provided that all applicable Health Department regulations are followed. The request for a waiver of requirements must be made in writing to the Board of Supervisors. Furthermore, the Board of Supervisors shall grant a departure from the provisions of this subchapter for the duration of the hardship only. (P) Right to refuse building permit. (1) In order to exercise the intent of this subchapter and provide some limited control over the number and location of manufactured homes in the county, the Board of Supervisors reserves the right to refuse to issue a building permit when, in its judgment, an individual manufactured home or manufactured home park is not in keeping with the best nterests of the community. (2) Any person or persons whose application for a permit has been denied may request, and shall be granted, a hearing on the matter by the Board of Supervisors. (Ord. passed 8-10-1989) S 154.108 INDIVIDUAL MANUFACTURED HOMES. (A) Minimum lot area with and without public water or sewer. (1) Individual manufactured home lots served by either public water or public sewer shall have a minimum area of 25,000 square feet. (2) Individual manufactured home lots served by neither public water nor public sewer shall have a minimum area of one acre. (3) For manufactured homes utilizing individual sewage disposal systems, a greater lot size may be required if deemed necessary by the Health Department. (B) Minimum setback. (1) Individual manufactured homes shall be located 75 feet or more from any street right-of-way. (2) Further, the lot shall be 150 feet or more in width at the building line and the manufactured home shall not be closer than 25 feet from any lot boundary line. BUILDING LINE shall mean the horizontal distance between side boundary lines, measured along the setback line. This line shall be parallel to the front boundary line of a rectangular parcel/tract or land, or in the case of a curved front boundary line, parallel to the chord of the curve. (3) Manufactured homes that front on a river, creek, or other body of water shall have a minimum setback of 100 feet from the mean high water line of any such body of water. (C) Site of manufactured home. htps.lexportamlegal.cegalcomapleport-regpusisb32452043700-41784007-4689348biceldownload 5/10 6/5/25, 4:47 PM exportamlegal.comlaplexpot-reguesisi24523700-4178800/-16b93-9b1c3e/downioad/ (1) Any individual manufactured home located in the county shall be placed on its own recorded parcel of land, which shall be owned by the owner and occupant of said manufactured home. (2) A variance from the requirement above may be granted by the Board of Supervisors provided: (a) The occupant of a manufactured home placed upon a parcel with an existing dwelling shall be a family member of the parcel owner, meaning child, spouse, parent, sibling, grandparents, and grandchildren; (b) No more than two units shall be placed upon a parcel with an existing dwelling; (c) The area to be occupied by the manufactured home shall meet all requirements of lot size and setbacks, exclusive of a reasonable area occupied by the existing dwelling, such area to be determined by the Building Official and which shall include, at a minimum, the existing dwelling, driveway, septic system and drainfield, and well; (d) There shall be at least 50 feet of distance between the manutactured home and the existing dwelling; and (e) Such manufactured home shall have a sewage disposal system which is separate from the existing structure on the parcel. (3) A manufactured home may be used for temporary dwelling for up to two years during construction of a primary dwelling unit. The manufactured home must meet all requirements of this subchapter, however, a relaxation of the dimensional requirements (setbacks, lot size and width, and the like) may be allowed SO that the primary dwelling structure may receive optimal placement. Building permits for the manufactured home and the primary dwelling unit must be obtained concurrently. If more than two years is needed to complete construction on the primary dwelling, the applicant must request an extension of time from the Board of Supervisors. (D) Surveyor's certificate. When it is difficult for the Building Official to determine that the location of a manufactured home is in accordance with the setback requirements, the Building Official may request that the placement be certified by a registered land surveyor and a statement completed and submitted to the Building Official. The owner shall pay the cost for any such survey. (E) Appurtenances. (1) Any appurtenance (such as a room, deck, or screened porch) to a manufactured home shall require a building permit issued by the Building Official. Any such appurtenance shall comply with applicable requirements for the State Uniform Statewide Building Code, including amendments thereto. (2) The Building Official may, in his or her discretion, order the immediate removal of any appurtenance or detached structure for which no building permit or certificate of use and occupancy was obtained. (F) Stored manufactured homes. No manufactured home shall be located or relocated in the county exclusively for the purpose of being stored and eventually being set up or relocated in the county. The Building Official shall immediately initiate legal proceedings for the removal of any such manufactured home. (G) Manufactured homes used for storage purposes. No manufactured home shall be located or relocated in the county exclusively for the purpose of being used for storage purposes. The Building Official shall immediately initiate legal proceedings for the removal of such manufactured home. (H) Manufactured home for resale other than by a licensed dealer. No manufactured home that is for resale by anyone other than a licensed dealer shall be placed on property in the county, unless it complies with all applicable laws and codes pertaining to individual manufactured homes. A manufactured home owner who has replaced a manufactured home with another dwelling structure on htpsllexport.amlegal.cmaplepot-regussisb3245.ca37001728800/-4659368bic3eldownioad 6/10 6/5/25, 4:47 PM oxpotamiegal.comhaplewotrpms2i5ca37041TAS0P-AtI93ebicdeldownioad his or her land shall have 60 days in which to remove the manufactured home from his or her property, either by sale or other means, provided that the manufactured home is not inhabited during that period. (I) Manufactured home used as a rental unit. No manufactured home shall be located or relocated on an individual lot within the county for the sole purpose of providing rental housing. Such manufactured homes to be used for rental housing shall be located only within approved manufactured home parks. (J) Recreational vehicles. Recreational vehicles are not intended as single-family dwellings and shall not be used as such in the county. Any such use shall be considered a violation of this subchapter. (Ord. passed 8-10-1989) Penalty, see S 154.999 S 154.109 MANUFACTURED HOME PARKS. (A) Density. The total density of any manufactured home park shall not exceed four units per gross acre, and the net density on any particular acre within such park shall not exceed five units per acre. (B) Minimum park size; number of spaces. The minimum area for any manufactured home park shall be two acres, and the minimum number of spaces completed and ready for occupancy before first occupancy is permitted shall be four, unless otherwise permitted by the Board of Supervisors. (C) Minimum lot size. The minimum area for any individual manufactured home lot within the park shall be 8,000 square feet, exclusive of the area required for the mobile home stand. The minimum average width for each manufactured home lot shall be 65 feet, except that for any stands designed for manufactured homes greater than 15 feet in width, the minimum average lot shall be one additional foot over for every additional foot of width of the manufactured home. (D) Yard and setback requirements. No manufactured home shall be placed within 30 feet of any permanent structure. The minimum distance from the line or corner of any manufactured home stand to a private access drive, a common parking area, a common walk, a buffer strip, or other common area shall be 15 feet. Patios, carports, and individual storage facilities may be disregarded in determining yard widths. (E) Buffer strips. Each manufactured home park shall include a greenbelt buffer strip around its perimeter, for the purpose of providing an adequate distance between any manufactured home and any park boundary. This buffer strip shall have a minimum width of 25 feet where such strip abuts any public street or highway, or residential property, and 15 feet where such strip abuts any other property boundary. (F) Manufactured home lot. No manufactured home park lots shall be offered for sale or sold. The limits of each manufactured home lot shall be marked on the ground by suitable means. Location of lot limits on the ground shall be the same as shown on approved plan of development. (G) Manufactured home stand. (1) The manufactured home stand shall be an improved area to provide adequate support for the placement and tie-down of the manufactured home. Each stand shall be constructed of an appropriate material properly placed, graded, and compacted, SO as to be durable and adequate for the support of the maximum anticipated loads during all seasons, and shall not heave, shift, or settle unevenly under the weight of the manufactured home due to frost action, inadequate drainage, or other forces. (2) The manufactured home stand shall be of sufficient size as to be suitable for the adequate support of manufactured homes of the dimensions anticipated. (3) The location of each manufactured home stand shall be at such elevation, distance, and angle in relation to the access street that placement and removal of the manufactured home is htps.lexport.amiegal.cegalcomlaplepart-reguesisb32452437041728800/.1819689bic3eldownload) 7/10 6/5/25, 4:47 PM exportamlegal.comlaplexportrequesis245.437004178-8007-16b932-9bc3e/download/ practical. (H) Accessory structures. Accessory structures shall depend upon the manufactured home and shall not provide complete independent living facilities with permanent provisions for sleeping, cooking, or sanitation. Such structures shall be erected or constructed on a manufactured home lot as directed by the management of the manufactured home park, as required by applicable national, state, or local standards, and as specified herein. (1) Accessory structures shall not obstruct required openings for light and ventilation of the manufactured home, and shall not prevent inspection of manufactured home equipment and utility connections. (2) Construction and electrical installations, unless otherwise specified, shall comply with applicable ANSI Standard A119.1. (3) Electrical circuits supplying the accessory structure shall be independent of the circuit supplying the manufactured home. () Recreation area.. Not less than 10% of the gross site area shall be devoted to recreational facilities, generally provided in a central location. In larger developments, recreation facilities can be decentralized with at least one area two-thirds of an acre suitable for a ball field. All recreation areas shall be located as to be free of traffic hazards. (J) Driveways. (1) Improved driveways should be provided on lots where necessary for convenient access to manufactured homes. The minimum width in such case shall be ten feet. (2) The design criteria for automobile parking shall be based on two parking spaces for each manufactured home lot. Parking may be in tandem. (K) Streets. (1) General. All manufactured home developments shall be provided with safe and convenient vehicular access from abutting public streets or roads to each manufactured home lot. Such access shall be provided by streets, driveways, or other means. (2) Entrance streets. Entrances to manufactured home developments shall have direct connections to a public street and shall be designed to allow free movement of traffic on such adjacent public streets. No parking shall be permitted on the entrance street for a distance of 100 feet from its point of beginning. (3) Circulation. The street system should provide convenient circulation by means of minor streets and properly located collector streets. Dead end streets shall be limited in length to 1,000 feet and their closed end shall be provided with an adequate vehicular turnaround (60-foot diameter cul- de-sac). (4) Pavement widths. Pavements should be of adequate widths to accommodate the contemplated parking and traffic load in accordance with the type of street with ten-foot minimum moving lanes for collector streets, nine-foot minimum moving lanes for minor streets, seven-foot minimum lanes for parallel parking, and in all cases shall meet the following minimum requirements: (a) Entrance and collector streets with guest parking allowances: 36 feet; (b) Collector streets without parking allowances: 26 feet; (c) Minor streets serving less that 40 lots (no parking): 18 feet; and (d) One-way minor streets serving less than 20 lots (no parking): 12 feet. htpsllexportamlegal.cmlaplepont-reguessh32462c370417288007-4683-9biceldownload) 8/10 6/5/25, 4:47 PM exportamlega.comlaplexport-reguestal324620+378041788007-16b93-s0ic3eldownload (5) Street grades. Grades of all streets shall be sufficient to ensure adequate surface drainage, but should not be more than 8%. Short runs with a maximum grade of 12% may be permitted, provided traffic safety is assured. (6) Intersections. Street intersections should generally be at right angles. Offsets at intersections and intersections of more than two streets at one point should be avoided. (7) Extent of improvements. All streets shall be provided with a smooth and dense surface which shall be durable. The surface shall be maintained in a condition which permits safe and comfortable transit. (L) Sidewalk requirements. All manufactured home developments shall be provided with safe, convenient, all-season pedestrian access of adequate width for intended use, durable and convenient to maintain, with access from all manufactured home sites to all facilities for general use. Construction of walks shall be of a hard and dense material such as asphalt or concrete. (M) Water. An adequate supply of potable water approved by the Health Department shall be furnished from a public water supply system or from a private water system conforming to all applicable laws, regulations, resolutions, and ordinances, with supply outlets located within the area of each manufactured home stand. (N) Sewage. An adequate and safe sewerage system or septic tank installation, approved by the Health Department, shall be provided for conveying and disposing of all sewage, waste, or wastewater. All improvements shall be designed, constructed, and maintained in accordance with Health Department regulations. (0) Refuse handling. Corrosion-resistant metal garbage cans or other noncombustible containers, with tight-fitting covers, shall be provided in quantities adequate to permit proper storage of all garbage and rubbish. The cans shall be kept in sanitary condition as determined by Health Department inspection. Where suitable collection service is not available from the county, the manufactured home development operator shall provide this service. (P) Electrical, Adequate electrical service to each manufactured home lot shall be installed in accordance with the National Electrical Code, as approved by the Building Inspector. Distribution systems shall be installed underground, unless economically impractical. (Q) Registration of occupants. Every manufactured home park owner or operator shall maintain a register containing a record of all manufactured homes and occupants using the manufactured home park. Such register shall be available to any authorized person inspecting the park, to the Commissioner of the Revenue of the county, and any law enforcement officer in the performance of his or her official duties and shall be preserved for a period of not less than three years. Such register shall contain the following information: (1) Name and address of each occupant, with ages of all occupants under the age of 18 years old; (2) Manufactured home license number, if any, serial number, and manufacturer's name; (3) Automobile license number of occupant; (4) Manufactured home space to which assigned; (5) Last place of location; (6) Date of arrival; and (7) Date of departure. htps.lexportamlegal.cegpalcomlapleport-regyussb3245.c3700417284007-168994c9biceldownload' 9/10 6/5/25, 4:47 PM exportamlegal.comlaplepotrequesisD3245.+37004178-8007-16h93e8b1c3e/download, (R) Fire hydrants. The water system of all manufactured home parks shall have at least one fire hydrant available for hookup by the Fire Department. The minimum size connection shall be one and one-half inches. (S) Location of manufactured home parks. Manufactured homes may be located or manufactured home parks established in the county where not lawfully prohibited by governmental ordinance, statute, or regulation or by restrictive covenant or agreement, it being the intent of this subchapter to neither restrict the location of manufactured homes and manufactured home parks nor to authorize their location where not otherwise permissible. (Ord. passed 8-10-1989) Penalty, see S 154.999 S 154.999 PENALTY. (A) (1) No building permit shall be issued or construction shall be authorized by the county on lands where a subdivision plat is required to be approved and recorded as provided herein and no certificate of occupancy shall be issued until the compliance with this chapter and other applicable provisions regarding the use of any structure or land where a subdivision plat is required to be approved and recorded as provided herein has been made by the agent. (2) The violation of any provision of this chapter shall be punished by a fine of not less than $10 nor more than $500 or not more than $500 for each lot or parcel of land subdivided or transferred or sold in violation hereof. The county may, notwithstanding the imposition of any fine in accordance with this section, seek equitable relief to enjoin any violation of this chapter, in any court of competent jurisdiction. (B) (1) Whenever, upon inspection of any manufactured home, the Health Officer or Building Official finds that conditions exist which are in violation of any of the provisions of the State Industrialized Building and Manufactured Home Safety Regulations, the State Uniform Statewide Building Code, or the County Manufactured Home Ordinance, the Building Official shall give written notice to the owner, landowner, and/or permit holder that unless such conditions or practices are corrected within 30 days, such owner, landowner, or permit holder shall be deemed in violation of the appropriately referenced regulation, law, or code. (2) Any person, persons, firm, or corporation which fails to comply with any or all of the requirements of the aforementioned codes or laws or directions of the Building Official shall be guilty of any offense and, upon conviction, shall pay a fine or not less that $25 nor more than $1,000. Each day during which any violation continues shall constitute a separate offense. In addition to the above penalties, all other actions are hereby reserved, including an action, in equity for the proper enforcement. The imposition of a fine or penalty for any violation or noncompliance shall not excuse the violation or noncompliance or permit it to continue; all such persons shall be required to correct, abate, or remedy such violations or noncompliance within a reasonable time. A reasonable compliance time should normally not exceed 30 days. (Ord. passed 8-10-1989) https:llexport.amlegal.com/apilexport-requests/D3245cc4-37b0-4178-8007-16b93c9b1c3e/download 10/10 Miscellaneous Information BAY AGING DIGNITY AT EVERY AGE (5 P.O. Box 610 e 5306 Old Virginia Street Urbanna, VA 23175 e 804-758-2386 e www.bayaging.org Bay Transit Second Quarter FY 2025 Report = Richmond County May 12, 2025 FY2025 Oct. Nov. Dec. Jan. Feb. Mar. April May June July Aug. Sept. Total 10/1/2024- 9/30/2025) DSS 2 0 2 2 0 6 Work 446 342 384 406 385 515 2478 Education 41 97 89 92 100 162 581 Health 142 100 111 105 77 126 661 Legal 0 0 0 0 0 0 0 Retail 110 71 488 78 67 57 871 ALC 0 12 4 0 0 0 16 Subtotal 741 622 1076 683 631 860 0 0 0 0 0 0 4613 New Freedom 28 18 28 16 12 26 128 Total 769 640 1104 699 643 886 0 0 0 0 0 0 4741 Non- 89 23 25 40 12 28 217 Accommodations No Shows 69 36 23 18 9 11 166 FY 2025 Richmond County Ridership Ridership = FY: 2025. Average - FY 2024 Average Linear (Ridership) 1200 1000 800 a 600 400 200 0 Oct. Nov. Dec. Jan. Feb. Mar. Apr. May June July Aug. Sept HEALTH e HOUSING e TRANSPORTATION Second Quarter 01/01/2025-03/31/2025) Analysis and Activity: In FY 2025, rides averaged 790 per month versus an average of 797 rides per month in FY 2024, a 0.9% decrease. Note: Bay Transit services were cancelled or delayed several times this quarter due to the winter weather. We have already seen an increase in ridership now that it is getting warmer! Systemwide Trip Purposes: Demand responsive services account for 78.36% of all trips taken throughout Bay Transit's twelve-county service area, and do not include fixed-route, seasonal trolley, or microtransit service. In FY 2025, 57.6% of all demand responsive travel on Bay Transit was work related, with 15.5 % being for health ourposes, 14.5% for retail trips, and 5.3% for educational purposes. Purpose of On Demand Trips, FY2025 YTD DSS0.1% Health 15.5% Educ 5.3% ALC6.7% Retail 14.5% Work 57.6% Legal0.1% - e 5 TER te Thonh yov for Supporling the RHS AAei Pom. Nour 9encous ConkibuHion ade it Possible for he Sludenls OF RHS o hove fun-filed EVenh. Thankhs agdin for Supporking Us! The Shudenks OF RHS / YOU'RE INVITED TO THE SADDLERY FOUNDATION Conmty & Gecrand CMMemorial Dedication JUNE 26, 2025 AT 5:30 PM THE SADDLERY, 171 MAIN STREET, WARSAW, VA 22572 Ordet ffeueuts WELCOME PRESENTATION OF COLORS PRESENTED BY THE VETERANS OF FOREIGN WARS & AUXILIARY TO POST 7167 PLEDGE OF ALLEGIANCE INTRODUCTION OF THE SADDLERY FOUNDATION BOARD RECOGNITION OF GUESTS: MR. HERBERT WATERFIELD MR. GERALD SELLARS OF CURRIE FUNERAL HOME MR. DAVID TURNER (SCULPTOR) TOWN OF WARSAW ADMINISTRATION & TOWN COUNCIL PLANNING COMMISSION RICHMOND COUNTY ADMINISTRATION AND BOARD SPEAKER - MR. RUSSELL BROWN AMERICA THE BEAUTIFUL BY WHITNEY SMITH ORLANDO CLOSING REMARKS REFRESHMENTS RAIN DATE: JULY 24, 2025 RSVP: SADDIERVFOUNDATION2O@ACMALCOM OR 804-339-4802 Established 1692 u envwjn Richmond County Board of Supervisors 101 Court Circle P.O. Box 1000 Warsaw, Virginia 22572 (804) 333-3415 FAX (804) 333-3408 wwwco,richmondyaus May 21, 2025 To the Dedicated Correctional Officers of Northern Neck Regional Jail, On behalf of the Richmond County Board of Supervisors, we extend our deepest gratitude and sincere appreciation for the unwavering dedication, professionalism and courage you demonstrate each and every day at Northern Neck Regional Jail. Correctional officers serve a vital and often underrecognized role in maintaining the safety, order, and rehabilitation efforts within our justice system. Your commitment to upholding the law, protecting our community and treating individuals in custody with respect and fairness is a testament to your strength and integrity. We recognize the unique challenges you face--working in high-stress environments, often with little public acknowledgment. Please know that your sacrifices and service do not go unnoticed. Your presence ensures the security of our correctional facilities and supports broader efforts toward justice and rehabilitation in Richmond County. As elected representatives of this community, we thank you for your professionalism, your humanity, and your continued service. We are proud to stand with you and support the important work you do. With deepest respect and appreciation. Sincerely, H - - F. Lee Sanders, Chairman Richmond County Board of Supervisors Richard E. Thomas J.I David Parr John R. Fidler, Jr. Robert B. Pemberton Lee Sanders Hope D. Mothershead Election District 1 Election District 2 Election District 3 Election District 4 Election District 5 County Administrator Dominion Energy" Elecuiet Transmssion FO.B Box26666 Rchmend, VA23261 Learn more about a reliability project in Richmond County, Virginia. a D u SCANHERE TO LEARN MORE Investing in Our Communities Domirionfn neigy imaga. Netprejectspasife Nothem Necks Substa a on Postcard. Jun2025rndd 1 6525 202FM Local Substation Information Northern Neck Substation Expansion AtDominionE Energy, we are committedt top providing thel latesti information onp the yN projectsi Int communities 1 Project Timeline we serve. You arer receivingt thisp postcardb because we N are expanding! Northern! Nock Substation on Dominion PET (Expected) Energy-owned; property! located att thel intersection of O Pocahontas! Drive andl IndianfieldF Road Construction: Started: Early: 2025 028 a inF Richmond County, Virginia. . Construction! Ends: December 2025 & Thee expansiony willa adde equipmentt that O 33 willi increaset the substation'sc capacity, Areal Restoration! Begins: December 2025 strengthen area reliability, and meet SCAN HERE federals safety standards. Construction Thiss scheduleiss subjecttochange TOLEARN waso originally slatedt to endi in Summer basedo onv weathesp etc. MORE 2025. However, weathera and other permits, schedulo dolays! havec extended NORTHERN NECK constructiont through! December 2025. We will SUBSTATION continuet to updatoy youc ont the project asitp progresses. Thank) youf fory yourp patiencea as we completet this important project. Please knowy we ared dedicatedto Cews a workings safely ande courteously iny your neighborhood. BENI is pora an Protectingt theg gride againstn naturalandm man-n mades ectsis CONTACT US atopp priority. Youe canlearnn more about our commitment LA tos safety. atp powerlines101. dominionenergye com. mL TE ndian a Email: mmsatdmabmmVaen engherngrvpows Phone: 888-291-0190 Nothem Necks SubstationP Postcard Jn2025inds 6525 2xrw] STAFF REPORTS Virginia Department VDOT of Transportation Richmond County Board of Supervisors June 2025 VDOT Report Maintenance Activity Highlights Completed: Brush cutting (Rt 673 Lanier Rd) Shoulder repair (Rt 360 Richmond Rd) Patching (Rt 608 Farnham Creek Rd, Rt 607 Canal Rd, Rt 670 Scott Town Rd) Pothole patching countywide Work orders countywide Upcoming: Brush cutting (Rt 624 Newland Rd, Rt 608 Farnham Creek Rd, Rt 360 Richmond Rd) Shoulder repair (Rt 600 Ridge Rd) Mowing and litter removal countywide Pothole patching countywide Work orders countywide Pavement Schedule Plant Mix: Rt 3 WB History Land Hwy (East End Totuskey Creek Bridge to Folly Neck) Cape Seal: Under Construction Rt 1004 Court Cir Rt 1035 College Ave Rt 1036 Campus Dr Surface Treatment: Under Construction Rt 607 Canal Rd Rt 608 Farnham Creek Rd Rt 613 Calvary Church Rd Rt 614 Beaver Dam Rd Rt 655 Riverdale Rd Rt 670 Scott Town Rd Rt 675 Elliotts Dr Rt 1000 Harris Ave Rt 1002 Belle Ville Ln Rt 1003 St. Johns St Rt 1005 Lakeside Dr Rt 1006 Ridgeway Rd Rt 1008 Pine St Rt 1009 Washington Ave Rt 1010 E. Jefferson Ave Rt 1010 W. Jefferson Ave Rt 1011 Madison Ave Rt 1012 Sunset Ln Rt 1013 Jones Ln Rt 1014 W. Monroe Ave Rt 1015 Wallace St Rt 1016 Morgan Ln Rt 1017 Morgan Ln Rt 1017 W Morgan Ln Rt 1018 Memorial Dr Rt 1019 Gordan Ln Rt 1020 Ivy Rd Rt 1021 Maple St Rt 1022 Walnut St Rt 1023 Quail Trl Rt 1027 Sturman Ln Rt 1028 Level Blvd Rt 1029 Georgia Ave Rt 1033 Lee Ave Rt 1034 Jackson Ct Rt 1035 College Ave Rt 1037 Atkinson Dr Rt 1038 Freedom Wy Rt 9350 Mackey-Thompson Learning Center Construction Projects LAP: UPC 123026 Commerce Park Rd - Economic Development UPC 117945 Multi-Use Trail Phase I Bridge: UPC 123070 Rt 636 Havelock Rd over Scatesmill Stream - Culvert replacement; Construction Summer 2025 SmartScale: UPC 119111 Rt 360/624 modified R-CUT and turn lanes; 2025 Construction UPC 124265 Rt 3/Rt 642 & Rt 360/Rt 620 intersection improvements; 2027 Construction HSIP: Rt 3 EB paved shoulder (Creekview Ln to Folly Neck Rd); 2025 Construction Contacts: VDOT Customer Service Center: 1-800-FOR-ROAD David L. Beale, P.E Carter White Resident Engineer Assistant Residency Administrator (804) 333-7941 (804) 333-7942 david.beale@vdot.virgina.gov carter.white@vdot.virginia.gov Michael Parker Richmond County Area Headquarters Superintendent (804) 761-9248 michael.parker@vdot.virginia.gov Richmond County Department of Emergency Services E 152 Community Park Dr. Warsaw, VA 22572-1000 . 1697 . 804-333-5089 Office 804-333-5099 Fax EMERGENCY SERVICES 7692 Richmond County Department of Emergency Services responded to 154 calls for service in May. Total revenue recovery: for the month was $41,010.74. May was another record month for calls for service. I have talked with other jurisdictions about our increased call volumeand they are also seeing the samet trend. Refusals were upagain this month, mostly from minor traffic accidents. Wehave been working on placing our medication infusion pumps in service and finally placed them on the trucks. Thesej pumps allow for more: accurate administration of medication drips for critical patients and allow our providers to focus on supportive care of the sickest patients we face. We are entering the time that we need to discuss another medic unit replacement. Current lead times for a new truck is still 3 years. To keep within our current 8-year replacement, we will need to order a replacement for medic 1-2 soon. Iwould like to request the authority to get quotes on a new truck and bring them to you at the next meeting. 0U . 1692 . Richmond County Department of Emergency Services May-2025 Monthly Call Volume - 154 YTD Call Volume = 782 Monthly Transport - 93 YTD Transport - 511 Calls/Transports in District 1 -107/73 Calls/Transports in District 2 -33/13 Calls/Transports in District 3-08/04 Countywide Average time to on scene -08.85 Average time to on scene (1) -06.35 Average time to on scene (2) -14.53 Average time to on scene (3) -17.57 AdvancedLife Support Calls -38 Basic Life Support Calls -55 Refusals = 27 Transports to Richmond - 02 Fly outs - 04 Calls for mutual aid into -05 Calls for mutual aid outside/Transports - 06/03 OISTRICT Northern Neck Planning District Commission Emergency Ambulance Service Revenue Recovery PO BOX 70 Warsaw, VA 804-333-4593 mbaughan@mnpdcors INVOICE FOR SERVICES Richmond County Dates of Service: May 1, 2025 to May 31, 2025 Total Collected $41010.74 5%1 for Billing Service $2050.54 TOTAL DUE $2050.54 MEMORANDUM RCVFD TO: Richmond County Board Of; Supervisors FROM: Chief Randy Passagaluppi / Asst Chief David Thomas B DATE: June 12, 2025 RE: June Report FIRE Call Data Fire Company 1(Warsaw) 12 Total calls 2. - Motor vehicle accident 2- - Mutual aid 1 - EMS Assist 6- Smoke alarm / Fire alarm 1 - Electrical Issue Fire Company 2 (Farnham) 4 Total calls 3-1 Motor vehicle accident 1 -] Fire Alarm Fire Company 3 (Newland) 6 Total calls 3 -] EMS Assist 1 - Fire Alarm 1 - Motor vehicle accident 1 -] Mutual aid Richmond County Volunteer Fire Department Contacts Ben Lewis President 804-761-3616 Chris Kues Vice President 804-761-8890 Randy Passagaluppi Chief 1: 804-761-8555 David Thomas Chief2: 804-761-4592 Jason Lentz Secretary 219-670-2068 BUILDING / PLANNING / ZONING / LAND USE Monthly Report - May 2025 Building: Total Fees Collected $ 7,164 Total Construction Cost $1,345,930 Zoning Permits: 13 Land Disturbing: 9 Planning Commission The Planning Commission will meet on Monday, June 9, 2025. Two public hearings will be held as follows: Hafizullah Wafa, et al, proposes to rezone Tax Map Nos. 15A(1)10 and 15A(1)11, 3240 and 3224 Richmond Road, Warsaw, VA, from Agricultural, General (A-1) to Business, General (B-1) to allow for ai relocation/rebuild of car dealership. Cecil John Sills, Jr. proposes to rezone approximately 1.74 acres, aj portion ofTax Map No. 38-17, located on Farnham Creek Road, from Agricultural, General (A-1) to Residential, General (R-2) to allow for the construction of a two-family rental unit. Please note the rezoning application was withdrawn on May 19th for the Excellent Homes, LLC project. Therefore, we will not hold an informational session on June 12th and the project will not continue to the Board level for consideration. Solar Projects to Note Booker's Mill - Working towards closeout of permits while focusing on compliance with DEQ corrective action items. Moon Corner - Working on plan modifications with DEQ. As oflast week, the site was back in compliance from a construction standpoint. Cerulean - Re-inspections from DEQ have proven that the corrective items are working. Following a Dominion issued stop work directive, the crews are focused back on production. Dominion's top priority is that all sites are in compliance, therefore their inspectors are now viewing the projects twice a week. SelfI - Inspections find that sediment basin 1 is in the process ofbeing rebuilt and there are minor defects on sediment basin 2 to be resolved. SelfIV - Inspections find the need for repair of slope erosion and washout on sediment basins 1 and 3. DG Revolution Solar (Davis) - Comments have been received from ARM Group and E & S permits will be issued soon. Peacock Hill Dairy - Cheesehouse As noted in the Northern Neck News, Peacock Hill Dairy is working alongside DEQ to resolve deficiencies in Virginia Pollution Abatement Permit No. 04024. This type of permit was necessary for the Cheesehouse business to allow for land application of the wash water used throughout the facility. Please note that this permit is separate from all typical permits that we see for building projects. County staff worked closely with the Amish community to get this project permitted with Land Disturbing, Building, Zoning, Mechanical and Plumbing allowances prior to the beginning of construction around April of 2022. Inspections and modifications to the plans were completed throughout the phase of construction. Following the build and completion ofthe project, it is my understanding that reporting requirements, etc. were necessary with the Pollution Abatement Permit. A third party is assisting with the requirements to move the facility back into compliance with DEQ. 1 C 7 3 2 3 1 7 5 7 4 0 4 1 2 0 2 4 3 2 6 6 1 3 6 2 Co S 1 3 1 1 3 4 2 6 4 6 a 6 u 4 5 ) 1 3 3 1 2 0 9 4 5 2 3 B 2 1 1 1 2 3 1 7 6 2 2 1 a FINANCIAL INFORMATION Established 1692 & prvusn Richmond County Board of Supervisors 101 Court Circic P.O. Box 1000 Warsaw, Virginia 22572 (804) 333-3415 FAX (804) 333-3408 www.corichmondya.us Monthly Financial Report - May 2025 Cash Balance (05-31-2025) $ 7,747,375 Previous Year (05-31-2024) $ 5,927,416 General Fund Balance (05-31-2025) $ 4,089,118 Previous Year (05-31-2024) $ 2,977,724 Monthly Sales Tax $ 148,449 YTD Sales Tax $1,565,843 Monthly Ambulance Billing $ 41,010 YTD Ambulance Billing $ 463,941 Monthly Building Permit Value $ 1,345,930 YTD Building Permit Value $34,138,229 Monthly Building Permit Fees $ 7,164 YTD Permit Fees $ 134,353 General Property Taxes Collected YTD FY25 $11,337,015 General Property Taxes Collected YTD FY24 $ 9,838,101 Outstanding 2024 Taxes $ 398,687 Outstanding 2023 Taxes $ 106,960 Outstanding 2022 Taxes $ 46,983 Richard E. Thomas J.) David Parr John R. Fidler, Jr. Robert B. Pemberton Lee Sanders Hope D. Mothershead Election District I Election District 2 Election District 3 Election District 4 Election District 5 County Administrator RICHMOND COUNTY, WARSAW, VIRGINIA OFFICE OF THE TREASURER KRISTIE S. BRANN, TREASURER TREASURER'S TRIAL BALANCE May 31, 2025 CASH IN OFFICE: 700.00 Cash in Richmond County Checking Account 287,447.91 Richmond County HiFi Account 7,429,409.29 LGIP Fund 24,760.76 VIP Fund 5,759.83 Rich. Co. Special Welfare Fund Account 29,916.22 Commonwealth Attorney Asset Forfeiture Federal 0.00 Commonwealth Attorney Asset Forfeiture State 16.20 Richmond County Public Library Account 46,622.14 N.N. Technical Center Acct. Checking 107,327.87 N.N. Technical Center HiFi 312,937.69 N.N. Regional Special Education Program Checking 31,621.13 N.N. Regional Special Education Program HiFi 1,803,689.09 GENERAL FUND: 4,089,118.78 ASSIGNED FUND BALANCES: Reassessment Fund 46,570.36 Capital Improvement Fund 280,405.40 Capital Improvement Fund - Central Accounting System 799.92 Bond Holding 63,623.00 Ambulance Fund 120,000.00 RCPS CIP 497,068.92 Animal Shelter Fund 48,586.35 RAN FY2024 2,000,000.00 EMS Donations Fund 5,644.19 Opioid Abatement Fund 63,081.77 Cigarette Tax Fund 34,722.83 Booker's Mill Siting Funds 415,358.05 DEQ Litter Grant 282.87 Prepaid Taxes 2025 48,725.99 Over & Short Account 45.76 Courthouse Maintenance Fund 21,225.72 E-Summons Fund 12,817.88 Richmond Co. Special Welfare Fund 29,916.22 Commonwealth Attorney Asset Forfeiture Federal 0.00 Commonwealth Attorney Asset Forfeiture State 16.20 Richmond County Public Library Account 46,622.14 N.N. Technical Center Trust 420,265.56 N.N. Regional Special Education Program Accounts 1,835,310.22 COUNTY TAXES: Uncollected Taxes 2024 398,687.08 Uncollected Taxes 2023 106,960.04 Uncollected Taxes 2022 46,983.43 Unçollected Taxes 2021 27,602.67 Uncollected Taxes 2020 18,598.24 Prior 14,773.12 Reserve for Uncoll 2024 398,687.08 Reserve for Uncoll 2023 106,960.04 Reserve for Uncoll 2022 46,983.43 Reserve for Unçoll 2021 27,602.67 Reserve for Uncoll 2020 18,598.24 Reserve Prior 14,773.12 10,693,812.71 10,693,812.71 % % 2 % % % % % % % % % 2 2 2 2 2 2 % 2 % % % 9 % % % % % 2 2 % % % % % % 2 % % % % 2 % % 2 2 9 % 2 % 2 % 2 2 2 2 2 2 2 2 2 2 2 % % % % % % % % % % % % 2 % % % % % % 2 % % % % - % % % % % % % % % % % % % le f % 2 2 2 2 2 2 % % of f 2 2 2 % 2 % % % % % % % % % % % % 2 % 2 2 2 2 % 2 % % % % 9 % 2 2 2 % % % % % % % % % % % % 2 % 2 % % % 2 2 2 2 2 2 % 2 % % % 2 2 % 2 2 2 9 % % % % 2 2 2 2 2 % 2 % 2 % % % % % % % % % 2 % % % % % % % % % 2 2 2 % % % % % % % % % 2 2 2 % % 2 % % % % 2 % % % % % % % 2 % % 9 de 2 M % le le le lD le U 2 2 4 2 2 3 N 2 2 % f % % 2 N