On the agenda: Charles City County meeting — Data Center (Apr 28)

Board of Supervisors
Byron Adkins, Sr., Chair
Ryan Patterson, Vice-Chair
Michael Hill
Keith Rogers Jr., County Administrator

Charles City County Board of Supervisors
Board Meeting Agenda
Date: April 28, 2026
Time: 6:00 PM
Location: Government Administration Building Auditorium
I.
II.
III.

Call to Order/ Roll Call/ Pledge of Allegiance
Adoption of the Agenda
Approval of Minutes - Pgs.3-10
A. Regular Meeting – March 24, 2026
IV. Awards & Presentations - None
V. Board Appointments - None
VI. Consent Agenda – Pgs.12-20
A. Resolution to authorize 4th Quarter appropriation for Charles City County Public Schools
B. Resolution to accept the HEAT program FY26 grant reward of in the amount
$10,000 to Sheriff’s Office
VII. Regular Agenda - Pgs.21-96
A. Budget Related Resolutions/Ordinance
• Resolution to appropriate funds for the FY27 Operating Budget, Local
Appropriation to CCPS, FY27-FY31 Capital Improvement Plan, and Personnel
Plan
• Ordinance to establish Annual Tax Levy on various classes of property
• Resolution to establish Sanitary District service charges for Water and Sewer
Utilities
• Resolution to approve County Fee Schedule
• Resolution to approve Comprehensive Financial Policies for FY27
B. Ordinance to conform with State law requirements for Combined Water Protection
[PUBLIC HEARING]
VIII. Public Comment Period - Pg.97
IX. County Administrator’s Report - Pgs.98-101
A. Data Center Update – Pointe One
X.
Board Comments - Pg.102
XI. Adjournment

Charles City County Board of Supervisors
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MEETING DATE: April 28, 2026
ITEM I. CALL TO ORDER/ROLL
CALL PLEDGE OF ALLEGIANCE
(Page 3)
Notes:

ITEM II. ADOPTION OF AGENDA (Page 3)
ITEM III. APPROVAL OF BOARD MEETINGS MINUTES (Pages 3-10)
Board of Supervisors - Motion for approval of Regular Monthly Board of Supervisors Meeting
Minutes, Tuesday, March 24, 2026 (Pages 3-10)
IV. AWARDS & PRESENTATIONS (UNDER SEPERATE COVER)
a.) None.
Notes:

At the regular monthly meeting of the Board of Supervisors at the Charles City County Government
Administration Building on Tuesday, March 24, 2026, at 6:00 p.m. in the 230th year of the Commonwealth and
392nd year of the County.
PRESENT:

Byron Adkins, Sr., Chairman
Ryan Patterson, Vice Chairman
Michael Hill, Board Member
Keith C. Rogers, Jr., County Administrator
Jessica Poe, Chief of Staff
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Opening and Procedural Matters
RE: CALL TO ORDER/ROLL CALL/ PLEDGE OF ALLEGIANCE
The Chairman, Mr. Adkins, Sr., formally called to order the March 24, 2026, Board of Supervisors
meeting. The roll call was conducted by Ms. Poe, and the Pledge of Allegiance was recited in unison by
all present.

RE: ADOPTION OF AGENDA/ APPROVAL OF BOARD MINUTES/AWARDS AND
PRESENTATIONS
Chairman Adkins asked for a motion to adopt the agenda.
Agenda Adoption
Vice-Chairman Patterson motioned to adopt the agenda with amendments.
The motion went as follows:
Mr. Ryan Patterson, aye
Mr. Michael Hill, aye
Mr. Byron Adkins, Sr., aye
Approval of February 24, 2026, Meeting Minutes
Vice-Chairman Patterson motioned to approve the meeting minutes with corrections.
The motion went as follows:
Mr. Ryan Patterson, aye
Mr. Michael Hill, aye
Mr. Byron Adkins, Sr., aye
Awards and Presentations
A. Presentation of the County Board Form

RE: BOARD APPOINTMENTS
No appointments.
RE: CONSENT AGENDA
None.
RE: REGULAR AGENDA
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A. Resolution to Approve the Contract with Inboden Environment Services (I.E.S) for Utility Management, Operation, and
Maintenance.
Outcome: Approved.
•

Board Member Hill motioned to adopt the resolution.

The motion went as follows:
Mr. Byron Adkins, Sr., aye
Mr. Michael Hill, aye
Mr. Ryan Patterson, nay

B. Data Center Project Update
RE: PUBLIC COMMENT PERIOD
Ms. Poe read the disclosure for the public comment period, stating that individuals commenting would have three minutes each;
as a group, they would have five minutes. Please name and identify your group by showing your hands or standing. Please state
your name. You do not have to state your address. The Board does not answer questions nor establish dialogue during the
Public Comment period. Please approach the podium when called, state your name, and any relevant facts or materials.
Written comments and documents may be submitted for the record.
Key Issues Raised by Citizens
Tyler Klink announced a Scholarship Breakfast on April 18, 2026, at 10:30 a.m. at Charles City County High School,
encouraging organizations to participate in supporting student scholarships. He also advised that pending legislation would
legalize marijuana sales statewide by January 1, 2027, with no local opt-out, but with local authority to regulate use and sales.
He urged the Board to proactively develop ordinances to ensure safe use and protect children.
Lloyd Carter voiced concerns about accountability and integrity within County leadership, referencing findings from a forensic
audit and questioning whether officials are being held to the same standards as others. He also raised concerns about
inconsistencies in adherence to policies regarding Board member interactions and perceived unequal representation for
District one residents. Additionally, he criticized the Board’s decision-making process, noting a lack of collaboration that led to
a referendum, and expressed concern about limited transparency, particularly regarding overtime and recent contract
approvals, emphasizing the need for greater oversight.
Dorene Billingsly expressed concerns about the lack of substantive Board agendas and supporting materials, though noted
recent improvement due to added discussion items. She raised issues with a recently approved contract, cautioning that costplus arrangements can be unpredictable and costly, and emphasized the need for a comprehensive financial impact analysis
before approval, including staffing and cost implications. She also criticized the second-quarter financial report for lacking
detail and explanations of variances, calling it inadequate. Lastly, she urged the Board to improve transparency and
responsiveness to public input, suggesting follow-up communication or workshops to better engage with citizens.
Pat Davis urged the Board to reconsider the “by-right” zoning designation for data centers, stating it removes public input,
case-by-case review, and local oversight for major developments. She emphasized that data centers have significant impacts on
energy, water, land use, and quality of life, and should require careful scrutiny rather than automatic approval. She noted
growing national opposition to data center development and stressed that only the Board has the authority to restore
transparency, accountability, and community involvement by revising the current zoning policy.
Brandi Marano stated concerns about financial transparency and accountability, referencing missing records, unclear
expenditures, and findings from a forensic audit. She criticized irresponsible spending, lack of documentation, and delayed or
incomplete audit processes, suggesting a lack of clarity and oversight in County operations. She called for greater transparency,
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honesty, and accountability, urging leadership to address these concerns and restore public trust.
Bill Hopke expressed concerns about lack of accountability and communication from the Board, noting that emails from
citizens often go unanswered. He urged the Board to acknowledge mistakes and be transparent in decision-making, citing
examples such as a $420,000 severance payment and past financial decisions involving debt and borrowing. He also requested
greater public explanation and defense of leadership decisions, particularly regarding the County Administrator, and cautioned
against relying solely on legal counsel for business and financial negotiations.
Thelma Whitehead voiced appreciation for efforts to improve transparency but raised several community concerns. She
highlighted ongoing litter and maintenance issues, particularly unsafe conditions at the social center, and urged the County to
address cleanup more promptly. She also requested clarity on procedures for selling surplus County assets, including vehicles
and equipment. Additionally, she raised concerns about accessibility of Human Resources services for employees, questioning
availability given current staffing roles. Lastly, she encouraged caution regarding event planning and traffic safety at Market 5,
noting potential risks due to location and congestion.
Martha Harris raised concerns that long-standing essential service and DEQ-related issues have not been addressed in a
timely manner, despite recent borrowing. She strongly criticized the County’s response to the forensic audit, particularly the
reliance on records retention explanations and the failure to obtain more complete credit card records related to approximately
$74,000 in charges over two fiscal years. She also questioned why VDOT no longer attends Board meetings, noting the
importance of VDOT partnership and available funding opportunities. In addition, she called for the County to provide
accurate, verified information to citizens and requested a public meeting to address recurring community questions and
concerns. Lastly, she raised concerns about the Chief of Staff position, including the process used to reclassify the role, the
lack of public clarity regarding duties and compensation, and whether the Board properly approved the action.
Rick Schoen expressed support for efforts to address the County’s sewer system needs but criticized the lack of multiple
options presented for decision-making, emphasizing the importance of transparency and showing alternatives. He also raised
concerns about insufficient financial reporting, noting the lack of detail, comparative data, and opportunity for public
engagement. He urged the County to improve financial transparency, reporting quality, and communication, rather than
relying on repeated assurances without supporting information.
Antionette Jackson urged stronger accountability and oversight by the Board, particularly encouraging continued scrutiny
of decisions. She questioned the consistency of due diligence across projects, including Market 5 and other recent agreements,
and raised concerns about costs and decision-making transparency. She also expressed frustration with repeated citizen
concerns going unaddressed, emphasized the perceived need for additional Board representation, and called for greater
responsiveness and engagement from leadership.
Bonnie Whitaker, a long-time resident and local business owner, expressed concerns about the financial burden of meal and
sales taxes on small businesses. She highlighted that her restaurant has paid significant taxes (approximately $38,000 in one
quarter) while striving to support the community through employee discounts and local contributions. She emphasized that
additional taxes would be unsustainable and urged the County to consider the impact on small businesses, requesting that no
further meal taxes be imposed.
Ellsworth Tate articulated appreciation for the Board’s efforts and acknowledged the challenges of County leadership. He
emphasized concerns about public safety, specifically recommending the consideration of enhanced security measures, such as
metal detectors, to prevent potential violence during meetings. He also highlighted the importance of representing all
community voices, including those who may not feel comfortable speaking publicly, and stressed the need for inclusive
leadership that reflects the entire community.
Tracy Floyd raised concerns about the environmental and liability risks of data center development, particularly in wetland
areas within District One. She emphasized that wetlands provide critical functions such as stormwater management, flood
control, and water quality protection, and warned that development could cause long-term environmental damage and
groundwater contamination. She noted that scientific understanding has evolved since the area’s industrial designation in
1979 and argued that current zoning places the County at risk of flooding and potential liability. She urged the Board to
reconsider by-right zoning for data centers and adopt a “right project, right place” approach to development.
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Irene Churn shared her personal background and expressed concern that current Board actions reflect a lack of transparency,
inclusiveness, and open decision-making. She criticized the handling of recent proposals, stating they appeared rushed and
insufficiently vetted, and emphasized the importance of thorough review, collaboration among Board members, and
consideration of budget impacts. She urged the Board to listen more closely to citizens and follow a more deliberate and
transparent process in decision-making.
Travis Johnston a member of the Economic Development Authority, offered his availability and willingness to assist the Board
during the closed session discussion related to economic development.
RE: REPORTS

County Administrator Report
Development Transparency
•

Development Plans:
o All development application materials, including Pointe One, are available for public review at the Planning and
Community Development Office, with plans to make them accessible online in the future.

Financial Update
•
•
•
•
•
•
•

General Fund Cash Balance: $12.1 million as of March 2026.
After paying off the Revenue Anticipation Note (RAN) of $5.2 million on March 31, projected balance at the end of
March will be $6.8 million.
Repaying the RAN early saves $54,000 in interest.
Represents a turnaround from prior “illiquidity” and near-zero cash position.
Monthly financial reports will continue to be posted on the county website.
An improved second quarter report has been provided
Administration continues efforts to improve budget transparency and variance reporting.

CCPS Budget Presentation
School Division Funding and Staffing
•

State Funding vs. Local Spending
o CCPS consistently staffs above state formula requirements, particularly for teachers and instructional assistants,
due to the insufficiency of state Standards of Quality (SOQ) support.
o State SOQ funds: Funds 47.16 instructional full-time equivalents (FTE).
o Actual staffing: 77 instructional FTEs.
o Gap: 29.84 positions must be funded locally.
o State contribution for instructional positions (FY26): ~$2.33 million.
o Division total cost: ~$4.06 million.
o Local share required: ~$1.73 million.
o SOQ also funds 14.19 non-instructional positions (excludes transportation, food service).
o Total current CCPS positions: 119 (instructional + non-instructional).

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Local Composite Index (LCI) Impact
•

Current LCI: 0.7206 (up from 0.6669 in the previous biennium; a 5.4% increase).
o Implication: CCPS must cover 72.06% of the state’s minimum program; higher LCI means a wealthier locality in
state’s calculations, reducing state funding and limiting access to grants.
o Comparison: 7th highest LCI in Virginia (where 0.8 is the maximum, generally reserved for the state’s wealthiest
counties).
o Demographics: 64.8% of CCPS students are economically disadvantaged, not reflected in LCI.

Teacher Recruitment, Distribution, and Retention
•

Teaching staff: 54 teachers from 14 counties/cities; largest numbers from Williamsburg (9), New Kent (8), Charles City (7),
Henrico (6).
o Geographic diversity affirms CCPS’s reputation as a desirable employer despite salary disadvantages.
o Teacher retention for current year: 89%.
o Compensation disadvantage: Starting teachers in neighboring divisions (e.g., Henrico, Newport News) earn $8,500–
$10,000 more; by year 20, the gap grows to over $15,000.
o Despite these gaps, high retention is attributed to positive organizational culture and commitment to students but
acknowledged as unsustainable without better pay.

Teacher Compensation and Comparative Analysis
•
•

CCPS salaries consistently trail behind even smaller/rural and more urban districts (Richmond City, West Point, etc.).
Veteran teachers: At year 20, CCPS pays $58,219 vs. $74,000+ in Petersburg or Newport News.

Revenue by Source, Budget Shifts
•

FY26 budget revenue breakdown
o County appropriations: 54% (up to 59% in projected shift due to increased LCI)
 State: 34% (decreased to 29% in new projections)
 Federal: 11%
 Other local: 1%
o State funding drop means greater funding responsibility for the county.

State Budget and Fiscal Uncertainties
•

Key budget stressors
o LCI shift reduces state share.
o Statewide decline in average daily membership (ADM) reduces state-funded SOQ positions.
o Governor’s budget not yet finalized; General Assembly reconvenes late April resulting in uncertainty.
o Teacher raises may be mandated but not fully funded by the state.

Academic Performance and Strategic Staffing
•

Student Academic Data and Needs
o High School: ~70% reading proficiency; math proficiency at 51%, but only 34% of those meet annual growth goals.
o Elementary: Fewer than half meet proficiency in reading, math, and science, though over half demonstrate reading
growth.
o Conclusion: Students are progressing, but not quickly enough to close achievement gaps without increased support
and intervention.

Targeted Staffing and Supports
•

School-based program requests
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o
o
o
o
o

Stipends for curriculum writing: $34,448.
Instructional coaches: $161,464.
Additional math specialists: $84,474.
Part-time math and reading interventionists at each school: $74,604 each.
Rationale: Data-driven, responsive to direct instructional needs; supports graduation rate improvement beyond
81.8%.

Capital Improvement Plan (CIP)
•

Five-Year Capital Plan (as shared by Mr. Jerome Tyler)
o Items include vehicles (school bus, 7-passenger van, school car), technology upgrades (including 200 new iPads for
Pre-K to 2nd grade), building upgrades, secure vestibules, and the wastewater treatment plant (pending funding).
o Current CIP requests: Prioritize student/staff safety, air quality (hard surface flooring replacing carpet), technology
renewal.

FY27 Budget Request and Strategic Priorities
•

Four Strategic Pillars (plan alignment not detailed in transcript but referenced)
o Major Budget Actions
 10% salary increase for all staff: $840,833.
 This would increase the starting teaching salary to $52,000 (close to New Kent’s current level).
 Total additional budget requests (including staff and infrastructure): $1,747,720.
 Total county appropriations request for FY27: $8,923,281 (increase of $1,425,251 over FY26).
• Drivers: Pay increases, new positions, planned improvements.

Materials and Facilities Requests
•

RE:

Social studies textbooks (to align with new standards): $80,000.
o 200 iPads: $69,800.
o 8 interactive boards: $16,000.
o Other AV/computer equipment: $9,000+, computer storage/charging: $9,000.
o New buses, van, car: $230,000.
o Carpet replacement in elementary school: $63, 173.
BOARD COMMENTS

Board Member Hill: Board Member Hill expressed that the County Administrator was selected through a structured and
vetted process, including the use of the Berkley Group to review and recommend candidates. The Board then conducted
interviews and unanimously agreed on the hiring, emphasizing that the decision was made with due diligence and careful
consideration.
Vice-Chairman Patterson: Vice Chairman Patterson raised concerns about lack of updates and planning for relocating the
Registrar’s Office, suggesting a need for a joint meeting with the Electoral Board to address ongoing issues. He also questioned
the status and formal handling of the forensic audit, noting delays in distribution and discussion. Additionally, he expressed
frustration with limited support and access as a Board member, including difficulties obtaining documentation, adding items to
the agenda, lack of office space, and restricted keycard access. He emphasized that these barriers hinder his ability to
effectively perform his duties and represent the County.
Chairman Adkins: None at this time.

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Ms. Poe made a motion to go into closed session under Section 2.2-3711 of the Code of Virginia for the purpose of consultation
with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel, which is authorized
under section 2.2-3711(A)(8) of the Code.
The motion went as follows:
Mr. Ryan Patterson, aye
Mr. Michael Hill, aye
Mr. Byron Adkins, Sr., aye
Vice-Chairman Patterson motioned to return to open session.
Vice-Chairman Patterson motioned, as required under Section 2.2-3712 (D) of the Code of Virginia, that the Charles City
County Board of Supervisors certify that to the best of each Board member’s knowledge: 1. Only public business matters
lawfully exempted from the open meeting requirement by Virginia law were discussed in closed meeting to which this
certification applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting
were heard, discussed, or considered by the Board.
The motion went as follows:
Mr. Ryan Patterson, aye
Mr. Michael Hill, aye
Mr. Byron Adkins, Sr., aye
The Board returned to open session.
The Board meeting was adjourned.

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MEETING DATE: APRIL 28, 2026
ITEM V. BOARD APPOINTMENTS (Page 11)
a.) None at this time.
Notes:

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MEETING DATE: APRIL 28, 2026
ITEM VI. CONSENT AGENDA (Pages 12-20)
a.) Resolution to authorize 4th Quarter appropriation for Charles City County Public Schools
b.) Resolution to accept the HEAT program FY26 grant reward of in the amount $10,000 to
Sheriff’s Office
Notes:

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RESOLUTION
FY26 Quarter 4 Appropriations
At the regular meeting of the Board of Supervisors of Charles City County, Virginia, held in
the Government Administration Building in Charles City County, Virginia, on April 28, 2026,
at which meeting a quorum was present, action was taken on the following
resolution:
BE IT RESOLVED, by the Board of Supervisors of Charles City County, Virginia, that in
addition to the appropriations previously adopted for the Third Quarter of FY2026, the
following appropriations are hereby authorized, and the FY2026 Fiscal Plan is appropriated
accordingly for the Fourth Quarter, covering the period of April 2026 through June 2026.
Q1 Appropriations - $8,463,995
Q2 Appropriations - $7,650,689
Q3 Appropriations - $3,501,078
Q4 Appropriations - $5,213,954

___________________________
ADOPTED:

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From: Kenton Givens <[email protected]>
Sent: Tuesday, July 1, 2025 9:21 AM
To: Lazear, Peter (VSP) <[email protected]>
Cc: Jayson T. Crawley <[email protected]>
Subject: CCSO

Good morning and thank you!

Chief Deputy K.E. Givens
Charles City County Sheriff's Office
Investigations & Operations
Charles City County Domain User's Disclaimer.(charlescityva.us) Confidentiality Notice: This email and
any attachments are intended for the recipient only and may be confidential. If you are not the intended
recipient, please notify the sender and delete this message. For questions, contact Tre Allen at
[email protected]. Thank you.
Charles City County Domain User's Disclaimer (charlescityva.us) Confidentiality Notice: This email and
any attachments are intended for the recipient only and may be confidential. If you are not the intended
recipient, please notify the sender and delete this message. For questions, contact Tre Allen at
[email protected]. Thank you.
Charles City County Domain User's Disclaimer (charlescityva.us) Confidentiality Notice: This email and
any attachments are intended for the recipient only and may be confidential. If you are not the intended
recipient, please notify the sender and delete this message. For questions, contact Tre Allen at
[email protected]. Thank you.

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"You can only become truly accomplished at something you love. Don't make money
your goal. Instead, pursue the things you love doing, and then do them so well that
people can't take their eyes off you."

- -------

From: Lazear, Peter (VSP) <[email protected]>
Sent: Wednesday, July 2, 2025 2:57 PM
To: Kenton Givens <[email protected]>
Cc: Jayson T. Crawley <[email protected]>
Subject: Re: CCSO

Good Afternoon,
Thank you for submitting your application for the HEAT Program FY26 Equipment Reimbursement. I am
pleased to inform you that the Flock equipment/service listed on your application is approved for
reimbursement, not to exceed $10,000.00. Upon completion of your purchase(s), please send proof of
payment such as a receipt or copy of a check or electronic payment to me at [email protected].
Reimbursement from the HEAT Fund will then be authorized by our Property & Finance Division in accordance
with your agency's Federal Identification Number (FIN). Please note that all receipts must be received no later
than May 31, 2026 to allow for sufficient processing time before the end of the fiscal year.
If you have any questions, please feel free to contact me directly by email or on my cell phone at (804) 2210997.
Thank you,
Peter

First Sergeant Peter W. Lazear
• Statewide Program Coordinator
• Immediate Past President - International Association of Auto Theft Investigators - Southeast Chapter
Virginia Department of State Police
Help Eliminate Auto Theft (HEAT)
Insurance Fraud Program (IFP)
10710 Midlothian Turnpike
Suite 207
N. Chesterfield, VA 23235
Cell: (804) 221-0997
www.HEATreward.com
www.StampOutFraud.com

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Number
Subject
1
Community Development
Department: Addition of one (1) fulltime position within the
Community Division to support
growth, planning, and service
demands.
2

Volunteer Fire Department:
Increase funding to fully meet the
requested $100,000. Supporting
our volunteer fire services is critical
to public safety and emergency
response readiness.

3

Provisions for ‘Certification
Compensation’ as well as an Endof-year employee bonus
Office of Elections/Registrar:
Budget for four (4) elections, the
addition of one (1) full-time
position at $19.23/hour, and an
Office Relocation.

4

PROPOSED AMENDMENTS
Recommendation

FY27 Fiscal Impact

BOS Consideration

MEETING DATE: APRIL 28, 2026
ITEM VII. REGULAR AGENDA (Pages 21-93)
a.) Budget Related Resolutions/Ordinance
• Resolution to appropriate funds for the FY27 Operating Budget, Local
Appropriation to CCPS, FY27-FY31 Capital Improvement Plan, and
Personnel Plan
• Ordinance to establish Annual Tax Levy on various classes of property
• Resolution to establish Sanitary District service charges for Water and Sewer
Utilities
• Resolution to approve County Fee Schedule
• Resolution to approve Comprehensive Financial Policies for FY27
b.) Ordinance to conform with State law requirements for Combined Water Protection
[PUBLIC HEARING]

Notes:

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RESOLUTION TO APPROPRIATE DESIGNATED FUNDS AND ACCOUNTS FROM DESIGNATED ESTIMATED
REVENUES FOR FY2027 FOR THE OPERATING BUDGETS AND THE CAPITAL IMPROVEMENT PROGRAM FOR THE
COUNTY OF CHARLES CITY, VIRGINIA
At the regular meeting of the Board of Supervisors of Charles City County, Virginia, held in the Government
Administration Building in Charles City County, Virginia, on April 28, 2026, at which meeting a quorum was present,
action was taken on the following
resolution:
BE IT RESOLVED, by the Board of Supervisors of Charles City County, Virginia, for the fiscal year beginning on the
first day of July 2026, and ending on the thirtieth day of June 2027, the following sections shall be adopted:
Sec. 1
The following designated funds and accounts shall be appropriated from the designated estimated revenues for
operations and to provide a capital improvement program for the County. It is the intent of the Board of Supervisors
that general property taxes levied be appropriated for FY2027. These appropriations will be made with revenues
projected with a $0.69 real estate tax rate for calendar year 2026.
General Fund
Estimated Revenues

FY27 Proposed

Real Estate Taxes - Current

$7,000,000

Real Estate Taxes - Delinquent

$200,000

Real Estate Taxes - Public Service

$1,350,000

Personal Property

$3,800,000

Personal Property - Delinquent

$200,000

Machinery and Tools Tax

$45,000

Common Carriers Tax (PP)

$80,000

Merchants Capital Tax

$16,000

Current Mobile Home Taxes

$7,000

Late Payment Charges

$200,000

Local Sales Tax

$1,585,620

Consumer Utility and Consumption

$308,637

Franchise Tax-Cable TV/BB&T

$5,000

Motor Vehicle Licenses

$100

Tax on Recordation and Wills

$16,400

Lodging Tax

$30,895

Meals Tax

$200,000

Permits Fees and Licenses

$5,185,087

Fines And Forfeitures

$35,744

Revenue from Use of Money and Property

$3,532
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Charges for Services

$316,260

Miscellaneous

$30,453

Intergovernmental Revenues

$128,181

Non-Categorical State Aid

$718,550

Categorical State Aid

$1,582,800

Revenue Total

$23,045,259

Appropriations

FY 27 Proposed

Board of Elections/ Registrar

$282,484

Board of Supervisors

$270,293

Center for Local History

$40,116

Clerk of Circuit Court

$438,844

Combined Courts

$12,350

Commissioner of Revenue

$425,006

Commonwealth Attorney

$323,459

Community Development

$485,362

County Administrator

$557,239

Debt Service

$1,660,140

Economic Development

$189,038

Finance

$466,476

Fire and EMS

$1,920,856

General Fund Transfers Out

$8,599,029

Human Resources

$275,819

Information Technology

$952,960

Non-Departmental

$1,443,527

Parks and Recreation

$653,136

Public Works

$1,353,296

Sheriff

$2,459,559

Treasurer

$236,271

Appropriations Total

$23,045,259

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Broadband Fund
Estimated Revenues

FY27 Proposed

Lease Revenue

$9,000

Transfer From General Fund

$41,000

Revenue Total

$50,000

Appropriations

FY27 Proposed

Operations/Maintenance

$50,000

Appropriations Total

$50,000

Capital Fund
Estimated Revenues

FY27 Proposed

Debt Issuance – Clean Water Revolving Fund

$3,326,000

HUD Grant 23'

$3,000,000

SCRC Grant 26’

$500,000

Draw from Capital Fund Balance - 25'B Tax Exempt
Lease Revenue Note
Transfer From General Fund

$1,200,000

Revenue Total

$8,071,000

Appropriations

FY27 Proposed

Courthouse Circuit Court Courtroom

$200,000

Ruthville Waste Water Treatment Plant
Replacement
Courthouse Area Waste Water Treatment Plant
Replacement Phase 1
Kimages/Wayside Elevated Water Storage Tank

$2,326,000

Fleet Vehicle Replacement Project

$45,000

Appropriations Total

$8,071,000

$45,000

$2,500,000
$3,000,000

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CVTA Fund
Estimated Revenues

FY27 Proposed

State Aid (% of Gas Sale)

$583,729

Revenue Total

$583,729

Appropriations

FY27 Proposed

Operations

$583,729

Appropriations Total

$583,729

Children’s Services Act (CSA) Fund
Estimated Revenues

FY27 Proposed

Fed/State Aid

$348,518

Transfer from General Fund

$134,632

Revenue Total

$483,150

Appropriations

FY27 Proposed

Health & Welfare

$483,150

Appropriations Total

$483,150

Department of Social Services (DSS) Fund
Estimated Revenues

FY27 Proposed

Fed/State Aid

$1,255,332

Transfer from General Fund

$488,377

Revenue Total

$1,743,709

Appropriations

FY27 Proposed

Operations

$1,743,709

Appropriations Total

$1,743,709

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Schools Fund
Estimated Revenues

FY27 Proposed

Federal Categorical Aid

$1,566,918

State Categorical Aid

$4,367,238

Capital Bond Proceeds 2025B

$223,173

Other Revenue

$206,921

Transfer From General Fund (Local Appropriation)
Revenue Total

$7,627,988
$13,992,238

Appropriations

FY27 Proposed

School Operating Fund

$11,786,665

Schools Grant Fund

$1,157,775

Schools Textbook Fund

$80,000

Schools Food Service Fund

$642,625

Schools Capital Fund
Appropriations Total

$325,173
$13,992,238

Grants Fund
Estimated Revenues

FY27 Proposed

Henrico Co Workforce Development
Revenue Total

$125,000
$125,000

Appropriations

FY27 Proposed

Administra�on/ Opera�ons
Appropriations Total

$125,000
$125,000

Sanitary District (Utilities) Fund
Estimated Revenues

FY27 Proposed

U�lity Charges for Service

$100,000

Transfer From General Fund
Revenue Total

$262,032
$362,032

Appropriations

FY27 Proposed

Opera�ons
Appropriations Total

$362,032
$362,032

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Sec. 2
Appropriations may be transferred within Agency Funds by the County Administrator, upon request. Transfers
between funds require approval by the Board of Supervisors. The County Administrator is authorized to accept and
appropriate each grant up to $25,000.
Sec. 3
The County Administrator – in concert with the Board of Supervisors – may make available the Local Appropriation
to schools in the amount of $7,627,988, contingent upon availability of funds and other circumstances, based on
the following quarterly schedule: July 1, October 1, January 1, and April 1.

__________________________
ADOPTED:

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Prposed FY2026-2027 Operating Budget
Personel Summary
FY 2026-27
Proposed
General Fund:
General Government:
Board of Supervisors
Board of Elections
Commisoner of the Revenue
Community Development
County Administration
Finance Department
Human Resources
Information Technology
Registrar
Treasurer
Total General Government

3.0
3.0
3.5
2.0
3.5
2.5
1.5
5.0
2.5
3.0
26.5

Judicial:
Clerk of Courts
Commonwealth's Attorney
Total Judicial

5.0
2.0
7.0

Public Safety:
Sheriff Office - Law Enforcement
Sheriff Office - Judicial
Sheriff Office - County Support
Sheriff Office - Courthouse Security
Sheriff Office - Animal Control
Fire & EMS
Codes & Enforcement
Total Public Safety

23.5
1.5
1.0
1.5
2.0
22.0
2.0
53.5

General Services:
Public Works
TotalGeneral Services

16.0
16

Parks, Recreations & Culture:
Parks & Recreation
Center of Local History
Economic Development
Workforce Development
Total Parks, Recreation & Culture

7.5
0.5
1.0
1.0
10.0

Total General Fund

113.0

Enterprise Fund:
Public Utilites
Total Enterprise Fund

0.5
0.5

State Agency
Department of Social Services
Total State Agencies

12
12.0

Note: No personnel Summary was approved for FY26

28 of 102

RESOLUTION TO ESTABLISH THE ANNUAL TAX LEVY
ON VARIOUS CLASSES OF PROPERTY CHARLES CITY COUNTY
At the regular meeting of the Board of Supervisors of Charles City County, Virginia, held in the Government
Administration Building in Charles City County, Virginia on April 28, 2026, at which meeting a quorum was present,
action was taken on the following resolution:
BE IT ORDAINED by the Board of Supervisors of Charles City County:
That for the year beginning on the first day of January 2026, and ending on the thirty-first day of December 2026, the
taxes on property in Charles City County shall be as follows:
Sec. 1. Real Property and Mobile Homes.
(a) Except as provided in Sec. 1 (b), on tracts of land, lots or improvements thereon, and on mobile homes, the tax
shall be $0.69 on every $100 of assessed value thereof.
Sec. 2. Personal Property.
(a) On automobiles, trailers, boats, boat trailers, other motor vehicles, and on all tangible personal property used
or held in connection with any mining, manufacturing, or other business, trade, occupation, or profession, including
furnishings, furniture, and appliances in rental units, the tax shall be $3.75 on every $100 of the assessed value thereof.
(b) On motor vehicles, trailers, and semitrailers with a gross vehicle weight of 10,000 pounds or more used to
transport property for hire by a motor carrier engaged in interstate commerce, the tax shall be $3.00 on every $100 of the
assessed value thereof.
Sec. 3. Public Service Corporation Property.
(a) On that portion of real estate and tangible personal property of public service corporations which has been
equalized as provided in Section 58.1-2604 of the Code of Virginia,1950, as amended, the tax shall be $0.69 on every
$100 of the assessed value thereof determined by the State Corporation Commission.
(b) The foregoing subsections to the contrary notwithstanding, on automobiles and trucks belonging to such
public service corporations, the tax shall be $3.75 on every $100 of assessed value thereof.
Sec. 4. Machinery and Tools.
On machinery and tools used in a manufacturing or mining business, the tax shall be $3.00 on every $100
assessed value thereof.

___________________________
ADOPTED:

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RESOLUTION TO APPROVE SANITARY DISTRICT SERVICE CHARGES FOR WATER AND
SEWER UTILITIES FOR FY27
At the regular meeting of the Board of Supervisors of Charles City County, Virginia, held in the
Government Administration Building in Charles City County, Virginia, on April 28, 2026, at which
meeting, a quorum was present, action was taken on the following resolution:
BE IT RESOLVED, by the Board of Supervisors of Charles City County, Virginia, that, effective for bills
issued on and after July 1, 2026, consumers shall be charged for utility services in accordance with
the following rate schedule:
(a) Monthly Service Charges. The monthly service charge shall be assessed as follows:

__________________________
ADOPTED:

30 of 102

RESOLUTION TO APPROVE FEE SCHEDULE FOR FY27
At the regular meeting of the Board of Supervisors of Charles City County, Virginia, held in the
Government Administration Building in Charles City County, Virginia, on April 28, 2026, at which
meeting a quorum was present, action was taken on the following resolution:
BE IT RESOLVED, by the Board of Supervisors of Charles City County, Virginia, that effective July 1,

2026, the following Tax and Fee Schedule shall be enforced in Charles City County, Virginia.

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32 of 102

__________________________
ADOPTED:

33 of 102

RESOLUTION TO APPROVE COMPREHENSIVE FINANCIAL POLCIES FOR FISCAL YEAR 2027
At the regular meeting of the Board of Supervisors of Charles City County, Virginia, held in the
Government Administration Building in Charles City County, Virginia, on April 28, 2026, at which
meeting a quorum was present, action was taken on the following resolution:
Whereas, it is in the best interest of the County to implement a comprehensive list of financial
policies to enhance financial sustainability
BE IT RESOLVED, by the Board of Supervisors of Charles City County, Virginia, that effective July 1,
2026, the following financial policies shall be implemented and adhered to:
1. Financial Policy Objectives
1.01
1.02

1.03

1.04

2. Capital Improvement Budget Policies
2.01
2.02
2.03
2.04
2.05
2.06
2.07
2.08

Establishment of budgetary controls to
effectively facilitate flow of funds
Monthly reporting provided to all departments
from financial system to show transactions
including budget entry, amendments, revenue
posting, expenditures, encumbrances, and
remaining budgets
Monthly review of financial and budgetary
status is to be conducted by the Finance
Director in conjunction with the County
Administrator to address status and
compliance.
Quarterly reports shall be provided to include
financial and budgetary status and projections
by the Finance Director. Treasurer’s Report to
include status of assessment, billing,
collections, and reconciliations.
Prioritize Capital needs with an adopted
Capital Improvement Plan (CIP)
Collaborate with CCPS on capital planning and
include schools’ needs in CIP
Include funding sources and uses for all capital
projects
Review, update and adopt annually
The first year of the CIP will be the basis for the
annual Capital Budget
Project future operating costs of new capital
projects and incorporate into forecasting
Maintain all capital assets to protect
investments
Develop equipment maintenance and replace
plan and incorporate into CIP

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2.09
2.10

3. Budget Development Policies
3.01
3.02
3.03
3.04
3.05
3.06
3.07

3.08

4. Debt Policies
4.01
4.02
4.03

Determine cost effective and flexible financing
options for projects
Target 5% of GF revenues to be used for PayAs-You-Go cash funding on a five-year rolling
average, AFTER reaching the Unassigned Fund
Balance Policy goal
Maintain diversified and stable revenue
streams
Current revenue will fund current expenditures,
and one-time or special revenue will not be
used for operations
Pursue an aggressive policy for the collection
of revenues.
Prepare and annually update a five-year
financial forecast model
Project revenue and expenses quarterly and
review with Department Directors, the County
Administrator, and Board of Supervisors
The budget will reflect operating subsidies for
funds requiring annual support (transfers) from
the General Fund.
The budget will comply with all State and Local
statues and include:
a. Information required to deliberate on
the financial status and needs.
b. An adopted schedule of taxes, fees,
charges for services.
c. A policy compliance report card of
financial policies adopted.
d. A summary of available balances of
reserves or special funds held.
Budgetary controls allow for the transfer of
funds as follows:
a. Department Heads – within non-personnel
operational line items
b. County Administrator – within Fund;
General Fund within Agency
c. Governing body – across all Funds
Confine long-term debt to Capital Projects that
cannot be financed from current revenues.
Debt issuance will not exceed the expected
useful life of the project asset.
Direct Net Debt will not exceed 4.5% of
estimated market value of all taxable property.

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4.04

4.05
4.06
5. Reserve Policies
5.01
5.02
5.03
5.04

Direct Net Debt Service will not exceed 10% of
Total Governmental Fund Expenditures
(General Fund plus School Fund less local
government transfer support).
Pay down 50% of tax supported Direct Net
Debt principal in 10 years.
Regularly analyze total indebtedness to include
overlapping debt.
Unassigned Fund Balance shall not be used for
annual recurring expenditures except for
unforeseen emergencies.
Any use of Unassigned Fund Balance must
have a 24-month restoration plan approved by
the governing body.
Establish “Minimum Initial Target” for
Unassigned Fund Balance by February 28,
2027
Once Minimum Initial Target is achieved,
update Reserve Policies with Unassigned Fund
Balance as a % of Government Funds goal.

_________________________
ADOPTED:

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Agenda Itent
Request Forin

Date Received ------------

PLEASE COMPLETE
Name

Keith Rogers Jr.

Department

County Adminfatration

Purpose

To FY27 Budget, FY27-31 Capital Improvement Plan, Tax Rate, Fee
Schedule and Financial Policies

- ------------------------------

Background of
agenda item

Fiscal Impact

The County is required by statue to approve a budget and tax rate for
the fiscal year. Associated legislation including fee schedule and
financial policies ensure transparency and adherence to financial best
practices.
$48,456,117 nullion across all funds

AGENDA REQUEST SUBMISSION

Signature

Date

37 of 102

Combined Water Protection Ordinance of Charles City County
(As amended, effective)
PART I: GENERAL PROVISIONS
Section 1-1. PURPOSE AND AUTHORITY
(a) The purpose of this Ordinance is to ensure the general health, safety, and welfare of the
citizens of Charles City County, Virginia and protect the quality and quantity of state waters
from the potential harm of soil erosion, sediment deposition, nonagricultural runoff and other
unmanaged stormwater, including protection from land-disturbing activities causing
unreasonable degradation of properties, water quality, stream channels, and other natural
resources, and to establish procedures whereby erosion and sediment control, stormwater
management, and Chesapeake Bay Preservation Act requirements related to water quality
and quantity shall be administered and enforced. The purpose of this Ordinance is also to
protect existing high quality state waters; restore all other state waters to a condition or
quality that will permit all reasonable public uses and will support the propagation and
growth of all aquatic life, including game fish, which might reasonably be expected to inhabit
them; safeguard the clean waters of the Commonwealth from pollution; prevent any increase
in pollution; reduce existing pollution; and promote water resource conservation in order to
provide for the health, safety, and welfare of the present and future citizens of Charles City
County.
(b) This Ordinance is authorized by the Virginia Erosion and Stormwater Management Act, the
Chesapeake Bay Preservation Act, and the attendant regulations adopted pursuant to such
laws, each as amended.
(c) This Ordinance shall be known as the "Combined Water Protection Ordinance of Charles
City County."
Section 1-2. DEFINITIONS
In addition to the definitions set forth in the VESMP Regulations and the Bay Act Regulations,
as defined herein, which are expressly adopted and incorporated herein by reference, the following
words and terms used in this Ordinance have the following meanings unless otherwise specified
herein. Where definitions differ, those incorporated herein shall have precedence.
"Administrator" means the administrator of the County's Virginia Erosion and Stormwater
Management Program, whom the Board of Supervisors designates as the Director of Community
Development. The term shall include the authorized designee(s) of the Administrator, provided such
designee(s) hold the required certificates and/or meet any other state law requirements, when
applicable, to undertake such delegated authority.
"Agreement in lieu of a plan" means a contract between the County and the owner or permittee
that specifies methods that shall be implemented to comply with the requirements of the VESMA
and this Ordinance for the construction of a (i) single-family detached residential structure or (ii)
farm building or structure on a parcel of land with a total impervious cover percentage, including the
impervious cover from the farm building or structure to be constructed, of less than five percent;
38 of 102

such contract may be executed by the County in lieu of a soil erosion control and stormwater
management plan.
"Agricultural lands" means those lands used for the planting and harvesting of crops or plant
growth of any kind in the open; pasture; horticulture; dairying; floriculture; or raising of poultry
and/or livestock.
"Applicant" means any person applying for a permit or requesting issuance of a permit under this
Ordinance, including any person submitting a soil erosion control and stormwater management plan
to a VESMP authority for approval in order to obtain authorization to commence a land-disturbing
activity.
"Bay Act Regulations" means the Chesapeake Bay Preservation Area Designation and
Management Regulations, 9 VAC-25-830-10 et seq., as amended.
"Best management practice" or "BMP" means schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices, including both structural and
nonstructural practices, to prevent or reduce the pollution of surface waters and groundwater systems
from the impacts of land-disturbing activities. A "Nonproprietary best management practice" means
both structural and nonstructural practices to prevent or reduce the pollution of surface waters and
groundwater systems that are in the public domain and are not protected by trademark or patent or
copyright. "Proprietary best management practice" means both structural and nonstructural
practices to prevent or reduce the pollution of surface waters and groundwater systems that are
privately owned and controlled and may be protected by trademark or patent or copyright.

"Board of Supervisors" means the Board of Supervisors of Charles City County, Virginia.
"Buffer Area" means 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 landdisturbances.

"Channel" means a natural stream or manmade waterway.
“Chesapeake Bay Preservation Act” or “Bay Act” means the Chesapeake Bay Preservation
Act, Article 2.5 (§ 62.1-44.15:67 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia, as
amended.
"Chesapeake Bay Preservation Act Land-Disturbing Activity" means a land-disturbing activity
including clearing, grading, or excavation that results in a land-disturbance equal to or greater than
2,500 square feet and less than one acre in all areas of the County designated as a Chesapeake Bay
Preservation Area.
"Chesapeake Bay Preservation Area" or "CBPA" means any land designated as such by the
Board of Supervisors pursuant to Part III (9VAC25-830-70 et seq.) of the Bay Act Regulations and §
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62.1-44.15:74 of the Code of Virginia, as amended, and consists of a Resource Protection Area or
Resource Management Area, or both, as defined in the Bay Act Regulations.
"Clean Water Act” or “CWA" means the federal Clean Water Act (33 U.S.C §§ 1251 et seq.),
formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control
Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto.
"Clearing" means any activity which removes the vegetative ground cover including, but not
limited to, root mat removal or top soil removal.
“Code of Virginia” or “Va. Code” means the Code of Virginia, as amended.
“Common plan of development or sale” means a contiguous area where separate and distinct
construction activities may be taking place at different times on difference schedules. For the
purpose of this Ordinance, the term shall not include individual lots within existing residential,
commercial or industrial site plans and subdivision plans that were platted prior to July 1, 2004, and
which are considered separate land-disturbing activities.
"Construction footprint" means the area of all impervious surface including, but not limited to,
buildings, roads and drives, parking areas, and sidewalks and the area necessary for construction of
such improvements.
"Comprehensive stormwater management plan" means a plan, which may be integrated with other
land use plans or regulations that specifies how the water quality components, quantity components, or
both of stormwater are to be managed on the basis of an entire watershed or a portion thereof. The plan
may also provide for the remediation of erosion, flooding, and water quality and quantity problems
caused by prior development.
"Construction activity" means any clearing, grading, or excavation associated with large
construction activity or associated with small construction activity.
"Control measure" means any BMP or stormwater facility, or other method used to minimize the
discharge of pollutants to state waters.
"County" means the County of Charles City, Virginia.
“County Bay Board” means the Charles City County Bay Board created pursuant to 9 VAC 25830-50 and which is comprised of the same members as the County Wetlands Board.
“County Wetlands Board” means the Charles City County Wetlands Board created pursuant to
Va. Code § 28.2-1303.
"CWA and regulations" means the Clean Water Act and applicable regulations published in the
Code of Federal Regulations promulgated thereunder, as amended. For the purposes of this
ordinance, it includes state program requirements.

40 of 102

“DCR” means the Virginia Department of Conservation and Recreation.
“Daylighted stream” means a stream that had been previously diverted into an underground
drainage system and has been redirected into an aboveground channel using natural channel design
concepts as defined in § 62.1-44.15:51 of the Code of Virginia, and where the adjacent lands would
meet the criteria for being designated as a Resource Protection Area as defined by the Board of
Supervisors under this Ordinance.
"Department" or "DEQ" means the Virginia Department of Environmental Quality.
"Development" means land-disturbance and the resulting landform associated with the
construction of residential, commercial, industrial, institutional, recreation, transportation or utility
facilities or structures or the clearing of land for non-agricultural or non-silvicultural purposes. The
regulation of discharges from development, for purposes of stormwater management, does not
include the exclusions found in 9VAC25-875-860.
"Diameter at Breast Height (DBH)" means the diameter of a tree measured outside the bark at a
point 4.5 feet above ground.
"Dike" means an earthen embankment constructed to confine or control water, especially one built along
the banks of a river to prevent overflow of lowlands; levee.
"Director" means the director of DEQ.
"Director of Community Development" means the Charles City County Director of Community
Development or his/her designee.
"Discharge" when used without qualification, means the discharge of a pollutant.
"Discharge of a pollutant" means:
1. Any addition of any pollutant or combination of pollutants to state waters from any point
source; or
2. Any addition of any pollutant or combination of pollutants to the waters of the contiguous
zone or the ocean from any point source other than a vessel or other floating craft which is being
used as a means of transportation.
This definition includes additions of pollutants into surface waters from: surface runoff that is
collected or channeled by man; discharges through pipes, sewers, or other conveyances owned
by a state, municipality, or other person that do not lead to a treatment works; and discharges
through pipes, sewers, or other conveyances, leading into privately owned treatment works. This
term does not include an addition of pollutants by any indirect discharger.
"Distance" means to be measured on the horizontal.
"District" means the Colonial Soil and Water Conservation District, a political subdivision of the
Commonwealth organized in accordance with the provisions of Article 3 (§ 10.1-506 et seq.) of
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Chapter 5 of Title 10.1 of the Code of Virginia.

"Drainage area" means a land area, water area, or both from which runoff flows to a common point.
"Dripline" means a vertical projection to the ground surface from the furthest lateral extent of a
tree's leaf canopy.
"Energy dissipator" means a nonerodible structure which reduces the velocity of concentrated flow
to reduce its erosive effects.
"Environmental Protection Agency" or "EPA" means the United States Environmental Protection
Agency.
"Erosion and sediment control plan" means a document containing material for the conservation
of soil and water resources of a unit or group of units of land. It may include appropriate maps, an
appropriate soil and water plan inventory and management information with needed interpretations,
and a record of decisions contributing to conservation treatment. The plan shall contain all major
conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the
conservation objectives.
"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.
"ESC" means erosion and sediment control.
“ESM plan” means a soil erosion control and stormwater management plan.
"Excavating" means any digging, scooping or other methods of removing earth materials.
"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 § 3.26400 of the Code of Virginia, and any related impervious services including roads, driveways, and
parking areas.
"Filling" means any depositing or stockpiling of earth materials.
"Flood fringe" means the portion of the flood plain outside the floodway that is usually covered with
water from the 100-year flood or storm event. This includes the flood or floodway fringe designated by
the Federal Emergency Management Agency.
"Flooding" means a volume of water that is too great to be confined within the banks or walls of the
stream, water body, or conveyance system and that overflows onto adjacent lands, thereby causing or
threatening damage.

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"Flood Plain" means all lands that are susceptible to being inundated by water normally
associated with the 100-year flood or storm event. This includes the floodplain designated by the
Federal Emergency Management Agency.
"Flood Plain Ordinance" means the flood plain zoning ordinance as adopted by Charles City
County.
"Flood-prone area" means the component of a natural or restored stormwater conveyance system
that is outside the main channel. Flood-prone areas may include the floodplain, the floodway, the flood
fringe, wetlands, riparian buffers, or other areas adjacent to the main channel.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas, usually
associated with flowing water, that must be reserved in order to discharge the 100-year flood or storm
event without cumulatively increasing the water surface elevation more than one foot. This includes the
floodway designated by the Federal Emergency Management Agency.
"General Permit" means a permit authorizing a category of discharges under the CWA and the
VESMA within a geographical area.
"Governing Body" means the Board of Supervisors of Charles City County, Virginia
"Grading" means any excavating or filling of earth material or any combination thereof,
including the land in its excavated or filled conditions.
"Highly Erodible Soils" means soils (excluding vegetation) with an erodibility index (EI) from
sheet and rill erosion equal to or greater than eight. The erodibility index for any soil is defined as
the product of the formula RKLS/T, where K is the soil susceptibility to water erosion in the surface
layer; R is the rainfall and runoff; LS is the combined effects of slope length and steepness; and T is
the soil loss tolerance.
"Highly Permeable Soils" means soils with a given potential to transmit water through the soil
profile. Highly permeable soils are identified as any soils having permeability equal to or greater
than six inches of water movement per hour in any part of the soil profile to a depth of 72 inches
(permeability groups "rapid" and "very rapid") as found in the National Soil Survey Handbook of
November 1996 in the Field Office Technical Guide of the U.S. Department of Agriculture Natural
Resources Conservation Service.
"Impervious Cover" means a surface composed of any material that significantly impedes or
prevents natural infiltration of water into the soil. Impervious surfaces include, but are not limited
to, roofs, buildings, streets, parking areas, and any concrete, asphalt, or compacted gravel surface.
“Intensely Developed Area” or “IDA” means an intensely developed area as that term is defined
in the Bay Act Regulations.
"Inspection" means, for purposes related to the County’s VESMP, an on-site review of the project's
compliance with any applicable design criteria, or an on-site review to obtain information or conduct

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surveys or investigations necessary in the implementation or enforcement of the VESMA and applicable
regulations.
"Karst area" means any land area predominantly underlain at the surface or shallow subsurface by
limestone, dolomite, or other soluble bedrock regardless of any obvious surface karst features.
"Karst features" means sinkholes, sinking and losing streams, caves, large flow springs, and other
such landscape features found in karst areas.
"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
construction activity such as clearing, grading, filling of land, or excavation..
"Land-disturbance approval" means an approval allowing a land-disturbing activity to
commence issued by the County after the requirements of § 62.1-44.15:34 of the Code of Virginia
have been met.
"Large construction activity" means construction activity including clearing, grading, and
excavation, except operations that result in the disturbance of less than five acres of total land area.
Large construction activity also includes the disturbance of less than five acres of total land area that is a
part of a larger common plan of development or sale if the larger common plan will ultimately disturb
five acres or more. Large construction activity does not include routine maintenance that is performed to
maintain the original line and grade, hydraulic capacity, or original purpose of the facility.
"Linear development project" means a land-disturbing activity that is linear in nature such as, but not
limited to, (i) the construction of electric and telephone utility lines, and natural gas pipelines; (ii)
construction of tracks, rights-of-way, bridges, communication facilities and other related structures of a
railroad company; (iii) highway construction projects; (iv) construction of stormwater channels and
stream restoration activities; and (v) water and sewer lines. Private subdivision roads or streets shall not
be considered linear development projects.
"Localized flooding" means smaller scale flooding that may occur outside of a stormwater
conveyance system. This may include high water, ponding, or standing water from stormwater runoff,
which is likely to cause property damage or unsafe conditions.
"Main channel" means the portion of the stormwater conveyance system that contains the base flow
and small frequent storm events.
"Manmade" means constructed by humans.
"Minimize" means to reduce or eliminate the discharge of pollutants to the extent achievable using
stormwater controls that are technologically available and economically practicable.
"Minor modification" means modifications and amendments not requiring extensive review and
evaluation including, but not limited to, changes in EPA promulgated test protocols, increasing
monitoring frequency requirements, changes in sampling locations, and changes to compliance dates
within the overall compliance schedules. A minor permit modification or amendment does not
substantially alter permit conditions, substantially increase or decrease the amount of surface water
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impacts, increase the size of the operation, or reduce the capacity of the facility to protect human
health or the environment.
"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.
"Natural stream" means a tidal or nontidal watercourse that is part of the natural topography. It
usually maintains a continuous or seasonal flow during the year and is characterized as being
irregular in cross-section with a meandering course. Constructed channels such as drainage ditches
or swales shall not be considered natural streams; however, channels designed utilizing natural
channel design concepts may be considered natural streams.
“Nonconforming Use” means a building, structure, or other use of a property that existed in a
Chesapeake Bay Preservation Area as of the effective date of this Ordinance – or as of the effective
date of any amendment to this Ordinance rendering the building, structure, or use subject to this
Ordinance – where such building, structure, or other use was not in conformity with the provisions
of this Ordinance as of such effective date.
"Nonerodible" means a material, e.g., riprap, concrete, plastic, etc., that will not experience
surface wear due to natural forces.
"Non-Point Source Pollution" means pollution such as sediment, nitrogen, phosphorous,
hydrocarbons, heavy metals, and toxics whose sources cannot be pinpointed but rather are washed
from the land surface in a diffuse manner by stormwater.
"Non-Tidal Wetlands" means those wetlands other than tidal wetlands that are inundated or
saturated by surface or ground water at a frequency and duration sufficient to support, and that under
normal circumstances do support a prevalence of vegetation typically adapted for life in saturated
soil conditions, as defined in 33 C.F.R. 328.3b by the U.S. Environmental Protection Agency
pursuant to Section 404 of the Federal Clean Water Act.
"Noxious Weeds" means weeds that are difficult to control effectively, such as Johnson Grass,
Kudzu, and multi-flora rose.
"Operator" means the owner or operator of any facility or activity subject to regulation under the
VESMA and this Ordinance. In the context of stormwater associated with a large construction
activity or small construction activity, operator means any person associated with a construction
project that meets either of the following two criteria: (i) the person has direct operational control
over construction plans and specifications, including the ability to make modifications to those plans
and specifications or (ii) the person has day-to-day operational control of those activities at a project
that are necessary to ensure compliance with a stormwater pollution prevention plan for the site or
other permit or VESMP authority permit conditions (i.e., they are authorized to direct workers at a
site to carry out activities required by the stormwater pollution prevention plan or comply with other
permit conditions).
“Ordinance” means the Combined Water Protection Ordinance of Charles City County, as
amended.
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“Other County Land Development Ordinances” means the County’s Coastal Primary Sand Dune
Ordinance, Floodplain Ordinance, Septic System Control Ordinance, Site Plan Ordinance, Wetlands
Ordinance, Subdivision Ordinance, and Zoning Ordinance, all as amended.
"Owner" means the same as that term is defined in § 62.1-44.3 of the Code of Virginia. For a
regulated land-disturbing activity that does not require a permit, "owner" also means 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.
"Peak flow rate" means the maximum instantaneous flow from a given storm condition at a
particular location.
"Permit" means a permit issued pursuant to this Ordinance, unless context requires otherwise.
"Permittee" means the person to whom a permit authorized by this Ordinance has been issued,
unless context requires reference to a different permit.
"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 of the Commonwealth, governmental body,
including a federal or state entity as applicable, any interstate body, or any other legal entity.
"Plan of Development" means the site plan or subdivision plat reviewed to ensure compliance
with Va. Code § 62.1-44.15:74 and this Ordinance, prior to any clearing or grading of a site or the
issuance of a building permit.
"Point of discharge" means a location at which concentrated stormwater runoff is released.
"Point source" means any discernible, confined, and discrete conveyance including any pipe, ditch,
channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding
operation, landfill leachate collection system, vessel, or other floating craft from which pollutants are or
may be discharged. This term does not include return flows from irrigated agriculture or agricultural
stormwater runoff.
"Pollutant discharge" means the average amount of a particular pollutant measured in pounds per
year or other standard reportable unit as appropriate, delivered by stormwater runoff.
"Pollution" means such alteration of the physical, chemical, or biological properties of any state
waters as will or is likely to create a nuisance or render such waters (a) harmful or detrimental or
injurious to the public health, safety, or welfare, or to the health of animals, fish or aquatic life; (b)
unsuitable with reasonable treatment for use as present or possible future sources of public water supply;
or (c) unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses, provided
that (i) an alteration of the physical, chemical, or biological property of state waters, or a discharge or
deposit of sewage, industrial wastes or other wastes to state waters by any owner which by itself is not
sufficient to cause pollution, but which, in combination with such alteration of or discharge or deposit to
state waters by other owners, is sufficient to cause pollution; (ii) the discharge of untreated sewage by
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any owner into state waters; and (iii) contributing to the contravention of standards of water quality duly
established by the State Water Control Board, are "pollution" for the terms and purposes of this
ordinance.
"Post-development" refers to conditions that reasonably may be expected or anticipated to exist after
completion of the land development activity on a specific site or tract of land.
"Predevelopment" refers to the conditions that exist at the time that plans for the land-disturbing
activity are submitted to the VESMP authority. Where phased development or plan approval occurs
(preliminary grading, demolition of existing structures, roads and utilities, etc.), the existing conditions
at the time prior to the commencement of land-disturbing activity shall establish predevelopment
conditions.
"Public Road" means a publicly-owned road designed and constructed in accordance with water
quality protection criteria at least as stringent as requirements applicable to the Virginia Department
of Transportation, including regulations promulgated pursuant to the VESMA. This definition
includes those roads where the Virginia Department of Transportation exercises direct supervision
over the design or construction activities, or both, and cases where secondary roads are constructed
or maintained, or both, by a local government in accordance with the standards of that local
government.
"Redevelopment" means the process of developing land in a Chesapeake Bay Preservation Area
that is or has been previously developed in the same location without an overall increase in the
amount of impervious cover.
"Regulation" means, unless context requires otherwise, the Virginia Erosion and Stormwater
Management Regulation in Chapter 875 of 9VAC25, as amended.
"Resource Management Area” or “RMA" means that component of the Chesapeake Bay
Preservation Area that is not classified as the Resource Protection Area. RMAs include land types
that, if improperly used or developed, have the potential for causing significant water quality
degradation or for diminishing the functional value of the Resource Protection Area, as further
described in Section 4-4.
"Resource Protection Area” or “RPA" means that component of the Chesapeake Bay
Preservation Area comprised of lands adjacent to water bodies with perennial flow 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, as
further described in Section 4-3.
"Responsible land-disturber" or “RLD” means an individual holding a certificate issued by DEQ
who is responsible for carrying out the land-disturbing activity in accordance with the approved
erosion and sediment control plan or ESM plan. The RLD may be the owner, applicant, permittee,
designer, superintendent, project manager, contractor, or any other project or development team
member. The RLD must be designated on the erosion and sediment control plan, ESM plan, or
permit as defined in this ordinance as a prerequisite for engaging in land-disturbance.

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"Runoff" or "stormwater runoff" means that portion of precipitation that is discharged across the land
surface or through conveyances to one or more waterways.
"Runoff characteristics" includes maximum velocity, peak flow rate, volume, and flow duration.
"Runoff volume" means the volume of water that runs off the land development project from a
prescribed storm event.
"Silvicultural" means forest management activities, including but not limited to the harvesting of
timber, the construction of roads and trails for forest management purposes, and the preparation of
property for reforestation that are conducted in accordance with the silvicultural best management
practices developed and enforced by the State Forester pursuant to Va. Code
§10.1-1105 and are located on property defined as real estate devoted to forest use under Va. Code §
58.1-3230.
"Single-family residence" means a noncommercial dwelling that is occupied exclusively by one
family.
"Sediment basin" means a temporary impoundment built to retain sediment and debris with a
controlled stormwater release structure.
"Shoreline erosion control project" means an erosion control project approved by local wetlands
boards, the Virginia Marine Resources Commission, the department, or the United States Army Corps of
Engineers and located on tidal waters and within nonvegetated or vegetated wetlands as defined in Title
28.2 of the Code of Virginia.
"Site" means the land or water area where any facility or land-disturbing activity is physically
located or conducted, including adjacent land used or preserved in connection with the facility or
land-disturbing activity.

"Small construction activity" means:
1. Construction activities including clearing, grading, and excavating that results in landdisturbance of equal to or greater than one acre and less than five acres. Small construction
activity also includes the disturbance of less than one acre of total land area that is part of a
larger common plan of development or sale if the larger common plan will ultimately disturb
equal to or greater than one and less than five acres. Small construction activity does not include
routine maintenance that is performed to maintain the original line and grade, hydraulic capacity,
or original purpose of the facility. The department may waive the otherwise applicable
requirements in a general permit for a stormwater discharge from construction activities that
disturb less than five acres where stormwater controls are not needed based on an approved
TMDL that addresses the pollutants of concern or, for nonimpaired waters that do not require
TMDLs, an equivalent analysis that determines allocations for small construction sites for the
pollutants of concern or that determines that such allocations are not needed to protect water
quality based on consideration of existing in-stream concentrations, expected growth in pollutant
contributions from all sources, and a margin of safety. For the purpose of this subsection, the
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pollutants of concern include sediment or a parameter that addresses sediment (such as total
suspended solids, turbidity, or siltation) and any other pollutant that has been identified as a
cause of impairment of any water body that will receive a discharge from the construction
activity. The operator shall certify to DEQ that the construction activity will take place, and
stormwater discharges will occur, within the drainage area addressed by the TMDL or provide an
equivalent analysis. As of the start date in Table 1 of 9VAC25-31-1020, all certifications
submitted in support of the waiver shall be submitted electronically by the owner or operator to
DEQ in compliance with this subdivision and 40 CFR Part 3 (including, in all cases, 40 CFR Part
3 Subpart D), 9VAC25-875-940, and Part XI (9VAC25-31-950 et seq.) of the Virginia Pollutant
Discharge Elimination System (VPDES) Permit Regulation. Part XI of 9VAC25-31 is not
intended to undo existing requirements for electronic reporting. Prior to this date, and
independent of Part XI of 9VAC25-31, permittees may be required to report electronically if
specified by a particular permit.
2. Any other construction activity designated by either DEQ or the EPA regional administrator,
based on the potential for contribution to a violation of a water quality standard or for significant
contribution of pollutants to surface waters.
"Soil erosion" means the movement of soil by wind or water into state waters or onto lands in the
Commonwealth.
"Soil erosion control and stormwater management plan," commonly referred to as the erosion
control and stormwater management plan, or "ESM plan" means a document describing methods for
controlling soil erosion and managing stormwater in accordance with the requirements adopted pursuant
to the VESMA. The ESM plan may consist of aspects of the erosion and sediment control plan and the
stormwater management plan as each is described in this ordinance.
"Stabilized" means land that has been treated to withstand normal exposure to natural forces without
incurring erosion damage.
"State" means the Commonwealth of Virginia.
"State Water Control Board" or "SWCB" or “Board” means the State Water Control Board of
Virginia, established and continued pursuant to Va. Code §§ 62.1-44.7 et seq. of the State Water
Control Law.
"State waters" means all waters on the surface and under the ground wholly or partially within or
bordering the Commonwealth or within its jurisdiction, including wetlands.
"State Water Control Law" means Chapter 3.1 of Title 62.1 of the Code of Virginia (Va.
Code §§ 62.1-44.2 et seq.).

"Stormwater," for the purposes of the VESMA and the County’s VESMP, means precipitation
that is discharged across the land surface or through conveyances to one or more waterways and that
may include stormwater runoff, snow melt runoff, and surface runoff and drainage.
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"Stormwater conveyance system" means a combination of drainage components that are used to
convey stormwater discharge, either within or downstream of the land-disturbing activity. This includes:
1. "Manmade stormwater conveyance system" means a pipe, ditch, vegetated swale, or other
stormwater conveyance system constructed by man except for restored stormwater conveyance
systems;
2. "Natural stormwater conveyance system" means the main channel of a natural stream and the
flood-prone area adjacent to the main channel; or
3. "Restored stormwater conveyance system," which means a stormwater conveyance system that
has been designed and constructed using natural channel design concepts. Restored stormwater
conveyance systems include the main channel and the flood-prone area adjacent to the main
channel.
"Stormwater management facility" means a control measure that controls stormwater runoff and
changes the characteristics of that runoff including the quantity and quality, the period of release or the
velocity of flow.
"Stormwater Management Plan" means a document or compilation of documents containing
materials describing the methods for complying with the requirements of the VESMP.
"Stormwater Pollution Prevention Plan" or "SWPPP" means a document or compilation of
documents that is prepared in accordance with good engineering practices and that identifies
potential sources of pollutants that may be reasonably be expected to affect the quality of stormwater
discharges. A SWPPP required under the VESMP for construction activities shall identify and
require the implementation of control measures and shall include or incorporate by reference an
approved erosion and sediment control plan, an approved stormwater management plan, and a
pollution prevention plan.
"Subdivision" means any subdivision of land as defined in the Charles City County Subdivision
Ordinance.
"Substantial Alteration" means expansion or modification of a building or development that
would result in a disturbance of land exceeding an area of 2500 square feet in the Resource
Management Area only.
"Surface waters" means:
1. All waters that are currently used, were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters that are subject to the ebb and flow of the
tide;
2. All interstate waters, including interstate wetlands;
3. All other waters such as intrastate lakes, rivers, streams (including intermittent streams),
mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural
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ponds the use, degradation, or destruction of which would affect or could affect interstate or
foreign commerce including any such waters:
a. That are or could be used by interstate or foreign travelers for recreational or other
purposes;
b. From which fish or shellfish are or could be taken and sold in interstate or foreign
commerce; or
c. That are used or could be used for industrial purposes by industries in interstate commerce;
4. All impoundments of waters otherwise defined as surface waters under this definition;
5. Tributaries of waters identified in subdivisions 1 through 4 of this definition;
6. The territorial sea; and
7. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in
subsections 1 through 6 of this definition.
Waste treatment systems, including treatment ponds or lagoons designed to meet the
requirements of the CWA and the law, are not surface waters. Surface waters do not include prior
converted cropland. Notwithstanding the determination of an area's status as prior converted
cropland by any other agency, for the purposes of the CWA, the final authority regarding the CWA
jurisdiction remains with the EPA.

"Tidal Shore or Shore" means land contiguous to a tidal body of water between the mean low
water level and the mean high-water level.
"Tidal Wetlands" means vegetated and non-vegetated wetlands as defined in Va. Code § 28.21300.
"Total maximum daily load" or "TMDL" means the sum of the individual wasteload allocations
for point sources, load allocations for nonpoint sources, natural background loading and a margin of
safety. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate
measure. The TMDL process provides for point versus nonpoint source trade-offs.
"Town" means an incorporated town.
"Transporting" means any moving of earth 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.

"Use" means an activity on the land other than development including, but not limited to,
agriculture, horticulture and silviculture.
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"Virginia Erosion and Stormwater Management Act" or "VESMA" means Article 2.3 (§ 62.144.15:24 et seq.) of Chapter 3.1, State Water Control Law, of Title 62.1 of the Code of Virginia, as
amended.
"Virginia Erosion and Stormwater Management Program" or "VESMP" means a program
established by the VESMP authority for the effective control of soil erosion and sediment deposition and
the management of the quality and quantity of runoff resulting from land-disturbing activities to prevent
the unreasonable degradation of properties, stream channels, waters, and other natural resources. The
program shall include such items as local ordinances, rules, requirements for permits and landdisturbance approvals, policies and guidelines, technical materials, and requirements for plan review,
inspection, and enforcement consistent with the requirements of the VESMA.
"Virginia Erosion and Stormwater Management Program authority" or "VESMP authority" means
the County.
“VPDES permit” means a Virginia Pollutant Discharge Elimination System permit issued
pursuant to the State Water Control Law, Va. Code §§ 62.1-44.2 et seq., and 9VAC25-31.
“Virginia Stormwater BMP Clearinghouse” means a collection that contains detailed design
standards and specifications for control measures that may be used in Virginia to comply with the
requirements of the VESMA and associated regulations.
"Virginia Stormwater Management Handbook" means a collection of pertinent information that
provides general guidance for compliance with the VESMA and associated regulations and is
developed by the department with advice from a stakeholder advisory committee.
"Water Body/Bodies with Perennial Flow" means, for the purposes the requirements of Section
4-5(a) of this Ordinance, a body of water that flows in a natural or man- made channel year-round
during a year of normal precipitation, including but not limited to, streams, estuaries and tidal
embayments. Such may also include drainage ditches or channels constructed in wetlands or from
former natural drainageways, which convey perennial flow. Lakes and ponds with perennial
streams flowing into, out of or through them are part of the perennial stream.
Generally, the water table is located above the streambed for most of the year and groundwater is the
primary source for stream flow.
"Water Dependent Facility" means a development of land that cannot exist outside of the
Resource Protection Area and must be located on the shoreline by reason of the intrinsic nature of
its operation. These facilities include, but are not limited to (i) loading facilities for barges, ships,
and other marine vessels and ports; (ii) the intake and outfall structures of power plants, water
treatment plants, sewage treatment plants, and storm sewers; (iii) marinas and other boat docking
structures; (iv) beaches and other public water-oriented recreation areas; and (v) fisheries or other
marine resources facilities.
“Water Quality Impact Assessment” or “WQIA” shall mean a “water quality impact assessment”
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as described in 9VAC25-830-140 of the Bay Act Regulations and as set forth in Section 4-8 of this
Ordinance.
"Water quality technical criteria" means standards set forth in regulations adopted pursuant to the
VESMA that establish minimum design criteria for measures to control nonpoint source pollution.
"Water quality volume" means the volume equal to the first one-half inch of runoff multiplied by
the impervious surface of the land development project.
"Water quantity technical criteria" means standards set forth in regulations adopted pursuant to the
VESMA that establish minimum design criteria for measures to control localized flooding and stream
channel erosion.
"Watershed" means a defined land area drained by a river or stream, karst system, or system of
connecting rivers or streams such that all surface water within the area flows through a single outlet. In
karst areas, the karst feature to which water drains may be considered the single outlet for the watershed.
"Wetlands" means those areas that are inundated or saturated by surface water or groundwater at
a frequency or duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs and similar areas.
PART II: EROSION AND STORMWATER MANAGEMENT
Section 2-1. VIRGINIA EROSION AND STORMWATER MANAGEMENT PROGRAM
ESTABLISHED
Pursuant to Va. Code § 62.1-44.15:27, the County hereby establishes a Virginia Erosion and
Stormwater Management Program for land-disturbing activities and adopts the applicable VESMP
Regulations that specify standards and specifications for such programs for the purposes set out in
Part I of this Ordinance. The Board of Supervisors hereby designates the Director of Community
Development, or designee, as the Administrator of the Virginia Erosion and Stormwater
Management Program established by this Ordinance.
Section 2-2. 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 square feet or more, is less than one acre,
not in an area of the County 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 Regulation.
(2) Land-disturbing activity that disturbs 2,500 square feet or more, is less than one acre, and
in an area of the County 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.
(3) Land-disturbing activity that disturbs less than one acre, but is part of a larger common
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plan of development or sale that disturbs one acre or more, 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.
(4) Land-disturbing activity that disturbs one acre or more 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 is applicable, as determined in
accordance with 9VAC25-875-480 and 9VAC25-875-490.
(b) Land-disturbing activities exempt per 9VAC25-875-90 are not required to comply with the
requirements of the VESMA unless otherwise required by federal law.
Section 2.3. REVIEW AND APPROVAL OF PLANS; PROHIBITIONS
(a) The County shall review and approve ESM plans, except for activities not required to comply
with the requirements of the VESMA, pursuant to § 62.1-44.15:34 of the Code of Virginia.
Activities not required to comply with VESMA are defined in 9VAC25-875-90..
(b) A person shall not conduct any land-disturbing activity in the County until:
(1) An application that includes a permit registration statement, if required, an ESM plan or an
executed agreement in lieu of a plan, if required, has been submitted to the County;
(2) The name of the individual who will be assisting the owner in carrying out the activity
and holds a Responsible Land Disturber certificate pursuant to § 62.144.15:30 of the
Code of Virginia is submitted to the County, except that such certificate shall not be
required where an agreement in lieu of a plan for construction of a single-family
detached residential structure is provided; however, if a violation occurs during the
land-disturbing activity for the single-family detached residential structure, then the
owner shall correct the violation and provide the name of the individual holding a
Responsible Land Disturber certificate as provided by § 62.1-14:30 of the Code of
Virginia. Failure to provide the name of an individual holding a Responsible Land
Disturber certificate prior to engaging in land-disturbing activities may result in
revocation of the land-disturbance approval and shall subject the owner to the penalties
provided by the VESMA; and
(3) The County has issued its land-disturbance approval. In addition, as a prerequisite to
engaging in an approved land-disturbing activity, the name of the individual who will be
assisting the owner in carrying out the activity and holds a Responsible Land Disturber
certificate pursuant to § 62.1-44.15:30 of the Code of Virginia shall be submitted to the
County. The County may waive the Responsible Land Disturber certificate requirement
for an agreement in lieu of a plan for construction of a single-family detached residential
structure; however, if a violation occurs during the land-disturbing activity for the
single-family detached residential structure, then the owner shall correct the violation
and provide the name of the individual holding a Responsible Land Disturber certificate
as provided by § 62.1-14:30 of the Code of Virginia. Failure to provide the name of an
individual holding a Responsible Land Disturber certificate prior to engaging in landdisturbing activities may result in revocation of the land-disturbance approval and shall
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subject the owner to the penalties provided in the VESMA.
(c) The County may require changes to an approved ESM plan in the following cases:
(1) Where inspection has revealed that the plan is inadequate to satisfy applicable regulations
or ordinances; or
(2) Where the owner finds that because of changed circumstances or for other reasons the
plan cannot be effectively carried out, and proposed amendments to the plan, consistent
with the requirements of the Act, are agreed to by the VESMP authority and the owner.
(d) In order to prevent further erosion, the County may require approval of an erosion and
sediment control plan and a stormwater management plan for any land it identifies as an
erosion impact area.
(e) Prior to issuance of any land-disturbance approval, the County may also require an applicant,
excluding state agencies and federal entities, to submit a reasonable performance bond with
surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement
it finds acceptable, to ensure that it can take measures at the applicant's expense should he
fail, after proper notice, within the time specified to comply with the conditions it imposes as
a result of his land-disturbing activity. If the County takes such action upon such failure by
the applicant, it may collect from the applicant the difference should the amount of the
reasonable cost of such action exceed the amount of the security held. Within 60 days of the
completion of the County’s conditions, 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.
(f) The County may enter into an agreement with an adjacent VESMP authority regarding the
administration of multijurisdictional projects, specifying who shall be responsible for all or
part of the administrative procedures. Should adjacent VESMP authorities fail to reach such
an agreement, each shall be responsible for administering the area of the multijurisdictional
project that lies within its jurisdiction.
(g) No exception to, or waiver of, post-development nonpoint nutrient runoff compliance
requirements shall be granted unless offsite options have been considered and found not
available in accordance with subsection D of § 62.1-44.15:35 of the Code of Virginia.
(h) The County is authorized to cooperate and enter into agreements with any federal or state
agency in connection with the requirements for land-disturbing activities in accordance with
§ 62.1-44.15:50 of the Code of Virginia.
Section 2.4 REVIEW OF A SOIL EROSION CONTROL AND STORMWATER
MANAGEMENT PLAN (ESM Plan)
(a) The County shall approve or disapprove an ESM plan according to the following:
(1) The County shall determine the completeness of any application within 15 days after
receipt and shall act on any application within 60 days after it has been determined by the
to be complete.
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(2) The County shall issue either land-disturbance approval or denial and provide written
rationale for any denial.
(3) Prior to issuing a land-disturbance approval, the County shall be required to obtain
evidence of VPDES Permit coverage when such coverage is required.
(4) The County also shall determine whether any resubmittal of a previously disapproved
application is complete within 15 days after receipt and shall act on the resubmitted
application within 45 days after receipt.
Section 2.5 STORMWATER PERMIT REQUIREMENT; EXEMPTIONS
(a) Except as provided herein, no person may engage in any land-disturbing activity until a
permit has been issued by the County in accordance with the provisions of this ordinance and
the Regulation.
(b) Notwithstanding any other provisions of this ordinance, the following activities are not
required to comply with the requirements of this ordinance unless otherwise required by
federal law:
(1) Minor land-disturbing activities, including home gardens and individual home
landscaping, repairs, and maintenance work;
(2) Installation, maintenance, or repair of any individual service connection;
(3) 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;
(4) 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;
(5) 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;
(6) Clearing of lands specifically for bona fide agricultural purposes; the management, tilling,
planting, or harvesting of agricultural, 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 (§ 10.1-1100 et seq. of the Code
of Virginia) or is converted to bona fide agricultural or improved pasture use as described in
subsection B of § 10.1-1163 of the Code of Virginia;
(7) Installation of fence and sign posts or telephone and electric poles and other kinds of posts
or poles;
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(8) Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are
within the regulatory authority of and approved by the County Wetlands Board, 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
VESMA and the regulations adopted pursuant thereto;
(9) Repair or rebuilding of the tracks, rights-of-way, bridges, communication facilities, and
other related structures and facilities of a railroad company;
(10) Land-disturbing activities in response to a public emergency where the related work
requires immediate authorization to avoid imminent endangerment to human health or the
environment. In such situations, the County shall be advised of the disturbance within seven
days of commencing the land-disturbing activity, and compliance with the administrative
requirements of subsection A is required within 30 days of commencing the land-disturbing
activity; and
(11) Discharges to a sanitary sewer or a combined sewer system; that are not from a landdisturbing activity.
(c) Notwithstanding this Ordinance and in accordance with the VESMA, the following activities
are required to comply with the soil erosion control requirements but are not required to
comply with the water quantity and water quality technical criteria, unless otherwise required
by federal law:
(1) Activities under a state or federal reclamation program to return an abandoned property to
an agricultural or open land use;
(2) Routine maintenance that is performed to maintain the original line and grade, hydraulic
capacity, or original construction of the project. The paving of an existing road with a
compacted or impervious surface and reestablishment of existing associated ditches and
shoulders shall be deemed routine maintenance if performed in accordance with this
subsection; and
(3) Discharges from a land-disturbing activity to a sanitary sewer or a combined sewer
system.
Section 2-6. STORMWATER POLLUTION PREVENTION PLAN; CONTENTS OF PLANS.
(a) A SWPPP shall include, but not be limited to, an approved erosion and sediment control
plan, an approved stormwater management plan, a pollution prevention plan for regulated
land-disturbing activities, and a description of any additional control measures necessary to
address a TMDL pursuant to subsection (d) of this section..
(b) An ESM plan consistent with the requirements of the VESMA and VESMP Regulations must
be designed and implemented during construction activities. Prior to land-disturbance, this
plan must be approved by the County in accordance with the VESMA, this ordinance, and
attendant regulations.
(c) A pollution prevention plan that identifies potential sources of pollutants that may reasonably
be expected to affect the quality of stormwater discharges from the construction site and
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describe control measures that will be used to minimize pollutants in stormwater discharges
from the construction site must be developed before land-disturbance commences.
(d) In addition to the requirements of subsections (a) through (c) of this section, if a specific
wasteload allocation for a pollutant has been established in an approved TMDL and is assigned
to stormwater discharges from a construction activity, additional control measures must be
identified and implemented by the operator so that discharges are consistent with the
assumptions and requirements of the wasteload allocation.
(e) The SWPPP must address the following requirements as specified in 40 CFR 450.21, to the
extent otherwise required by state law or regulations and any applicable requirements of a
state permit:
(1) Control stormwater volume and velocity within the site to minimize soil erosion;
(2) Control stormwater discharges, including both peak flow rates and total stormwater
volume, to minimize erosion at outlets and to minimize downstream channel and
stream bank erosion;
(3) Minimize the amount of soil exposed during construction activity;
(4) Minimize the disturbance of steep slopes;
(5) Minimize sediment discharges from the site. The design, installation and maintenance
of erosion and sediment controls must address factors such as the amount, frequency,
intensity and duration of precipitation, the nature of resulting stormwater runoff, and
soil characteristics, including the range of soil particle sizes expected to be present on
the site;
(6) Provide and maintain natural buffers around surface waters, direct stormwater to
vegetated areas to increase sediment removal and maximize stormwater infiltration,
unless infeasible;
(7) Minimize soil compaction and, unless infeasible, preserve topsoil;
(8) Stabilization of disturbed areas must, at a minimum, be initiated immediately
whenever any clearing, grading, excavating, or other earth disturbing activities have
permanently ceased on any portion of the site, or temporarily ceased on any portion of
the site and will not resume for a period exceeding 14 calendar days. Stabilization
must be completed within a period of time determined by the VESMP authority. In
arid, semiarid, and drought-stricken areas where initiating vegetative stabilization
measures immediately is infeasible, alternative stabilization measures must be
employed as specified by the VESMP authority; and
(f) Utilize outlet structures that withdraw water from the surface, unless infeasible, when
discharging from basins and impoundments. The SWPPP shall be amended whenever there is a
change in design, construction, operation, or maintenance that has a significant effect on the
discharge of pollutants to state waters and that has not been previously addressed in the SWPPP.
The SWPPP must be maintained at a central location onsite. If an onsite location is unavailable,
notice of the SWPPP's location must be posted near the main entrance at the construction site.
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Section 2-7. STORMWATER MANAGEMENT PLAN; CONTENTS OF PLAN.
(a) A stormwater management plan shall be developed and submitted to the County. The
stormwater management plan shall be implemented as approved or modified by and shall be
developed in accordance with the following
(1) A stormwater management plan for a land-disturbing activity shall apply the stormwater
management technical criteria set forth in this ordinance and Article 4 (9VAC25-875-670
et seq) of Part V of the Regulation to the entire land-disturbing activity. Individual lots in
new residential, commercial, or industrial developments, including those developed under
subsequent owners, shall not be considered separate land-disturbing activities.
(2) A stormwater management plan shall consider all sources of surface runoff and all
sources of subsurface and groundwater flows converted to surface runoff.
(b) A complete stormwater management plan shall include the following elements:
(1) Contact information including the name, address, and telephone number of the owner and
the tax reference number and parcel number of the property or properties affected;
(2) Information on the type and location of stormwater discharges; information on the
features to which stormwater is being discharged including surface waters or karst
features, if present, and the predevelopment and post-development drainage areas;
(3) A narrative that includes a description of current site conditions and final site conditions
unless the County allows this information to be provided and documented during the
review process;
(4) A general description of the proposed stormwater management facilities and the
mechanism through which the facilities will be operated and maintained after
construction is complete;
(5) Information on the proposed stormwater management facilities, including:
(i)
(ii)

Detailed narrative on the conversion to a long-term stormwater management facility if
the facility was used as a temporary ESC measure;
The type of facilities;

(iii) Location, including geographic coordinates;
(iv) Acres treated; and
(v)

The surface waters or karst features, if present, into which the facility will
discharge;

(6) Hydrologic and hydraulic computations, including runoff characteristics;
(7) Documentation and calculations verifying compliance with the water quality and quantity
requirements of Section 2-7 of this Ordinance;
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(8) A map or maps of the site that depicts the topography of the site and includes:
(i)

All contributing drainage areas;

(ii)

Existing streams, ponds, culverts, ditches, wetlands, other water bodies, and
floodplains;

(iii) Soil types, geologic formations if karst features are present in the area, forest cover,
and other vegetative areas;
(iv) Current land use including existing structures, roads, and locations of known
utilities and easements;
(v)

Sufficient information on adjoining parcels to assess the impacts of stormwater
from the site on these parcels;

(vi) The limits of clearing and grading, and the proposed drainage patterns on the site;
(vii) Proposed buildings, roads, parking areas, utilities, and stormwater management
facilities; and
(viii) Proposed land use with tabulation of the percentage of surface area to be adapted to
various uses, including but not limited to planned locations of utilities, roads, and
easements.
(9) If an operator intends to meet the requirements established in 9VAC25-875-580 or
9VAC25-875-600 through the use of off-site compliance options, where applicable, then a
letter of availability from the off-site provider must be included; and
(10)
If the County requires payment of a fee with the stormwater management plan
submission, the fee and the required fee form in accordance with Section 7-1 of this
ordinance must have been submitted.
(c) All final plan elements, specifications, or calculations of the stormwater management plans
whose preparation requires a license under Chapter 4 (§ 54.1-400 et seq.) or 22 (§ 54.1- 2200
et seq.) of Title 54.1 of the Code of Virginia shall be appropriately signed and sealed by a
professional who is licensed to engage in practice in the Commonwealth of Virginia. Nothing
in this subsection shall authorize any person to engage in practice outside his area of
professional competence.
Section 2-8. POLLUTION PREVENTION PLAN; CONTENTS OF PLANS
(a) A plan for implementing pollution prevention measures during construction activities shall be
developed, implemented, and updated as necessary. The pollution prevention plan shall detail
the design, installation, implementation, and maintenance of effective pollution prevention
measures as specified in 40 CFR 450.21(d) to minimize the discharge of pollutants. At a
minimum, such measures must be designed, installed, implemented, and maintained to:
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(1) Minimize the discharge of pollutants from equipment and vehicle washing, wheel wash
water, and other wash waters. Wash waters must be treated in a sediment basin or alternative
control that provides equivalent or better treatment prior to discharge;
(2) Minimize the exposure of building materials, building products, construction wastes, trash,
landscape materials, fertilizers, pesticides, herbicides, detergents, sanitary waste, and other
materials present on the site to precipitation and to stormwater; and
(3) Minimize the discharge of pollutants from spills and leaks and implement chemical spill
and leak prevention and response procedures.
(b) The pollution prevention plan shall include effective best management practices to
prohibit the following discharges in accordance with 40 CFR 450.21(e):
(1) Wastewater from washout of concrete, unless managed by an appropriate control;
(2) Wastewater from washout and cleanout of stucco, paint, form release oils, curing
compounds, and other construction materials;
(3) Fuels, oils, or other pollutants used in vehicle and equipment operation and
maintenance; and
(4) Soaps or solvents used in vehicle and equipment washing.
(c) Discharges from dewatering activities, including discharges from dewatering of trenches and
excavations, are prohibited unless managed by appropriate controls in accordance with 40 CFR
450.21(c).
Section 2-9. EROSION AND SEDIMENT CONTROL PLAN; CONTENTS OF PLANS
(a) An erosion and sediment control plan, which is a component of the ESM plan, shall be filed for
a development and the buildings constructed within, regardless of the phasing of construction.
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:
(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 landdisturbing activity to the County. The County may waive the Responsible Land Disturber
certificate requirement for an agreement in lieu of a plan in accordance with § 62.1-44.15:34 or
§ 62.1-44.15:55 of the Code of Virginia.

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(c) If individual lots or sections in a residential development are being developed by different
property owners, all land-disturbing activities related to the building construction shall be
covered by an erosion and sediment control plan or an agreement in lieu of a plan signed by the
property owner.
(d) 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 if the total
land-disturbing activity in the development is equal to or greater than 10,000 square feet.
Section 2-10. TECHNICAL CRITERIA FOR REGULATED LAND-DISTURBING ACTIVITIES
(a) To protect the quality and quantity of state water from the potential harm of unmanaged
stormwater runoff resulting from land-disturbing activities, the County hereby adopts the
technical criteria for regulated land-disturbing activities set forth in Part V of 9VAC25-875
expressly to include 9VAC25-875-580 [water quality design criteria requirements];
9VAC25-875-590 [water quality compliance]; 9VAC25-875-600 [water quantity];
9VAC25-875-610 [offsite compliance options]; 9VAC25-875-620 [design storms and
hydrologic methods]; 9VAC25-875-630 [stormwater harvesting]; 9 VA C 25-875-640
[linear development project]; and, 9VAC25-875-650 [stormwater management
impoundment structures or facilities],, which shall apply to all land-disturbing activities
regulated pursuant to this Ordinance, except as expressly set forth in subsection (b) of this
Section.
(b) Any land-disturbing activity shall be considered grandfathered and shall be subject to Article
4 (9VAC25-875-670 et seq) of Part V of the Regulation provided:
(1) A proffered or conditional zoning plan, zoning with a plan of development, preliminary
or final subdivision plat, preliminary or final site plan, or any document determined by
the County to be equivalent thereto (i) was approved by the County prior to July 1, 2012,
(ii) provided a layout as defined in 9VAC25-875-670, (iii) will comply with the technical
criteria of Article 4 of Part V of 9VAC25-875, and (iv) has not been subsequently
modified or amended in a manner resulting in an increase in the amount of phosphorus
leaving each point of discharge, and such that there is no increase in the volume or rate of
runoff;
(2) A permit has not been issued prior to July 1, 2014; and
(3) Land-disturbance did not commence prior to July 1, 2014.
(c) County, state, and federal projects shall be considered grandfathered by the County and shall
be subject to the technical criteria of Article 4 of Part V of 9VAC25-875 provided:
(1) There has been an obligation of County, state, or federal funding, in whole or in part,
prior to July 1, 2012, or the department has approved a stormwater management plan
prior to July 1, 2012;
(2) A permit has not been issued prior to July 1, 2014; and
(3) Land-disturbance did not commence prior to July 1, 2014.
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(d) Land-disturbing activities grandfathered under subsections A and B of this section shall
remain subject to the technical criteria of Article 4 of Part V of 9VAC25-875 for one
additional permit cycle. After such time, portions of the project not under construction shall
become subject to any new technical criteria adopted by the Board.
(e) In cases where governmental bonding or public debt financing has been issued for a project
prior to July 1, 2012, such project shall be subject to the technical criteria of Article 4 of Part
V of 9VAC25-875.
(f) Nothing in this section shall preclude an operator from constructing to a more stringent
standard at his discretion.
PART III.

PART IV.
Section 4-1.

RESERVED

CHESAPEAKE BAY PRESERVATION

PURPOSE AND INTENT

In addition to the water quality and water quantity requirements of Part II, this part of the
Ordinances is intended to establish additional criteria used by County in granting, denying, or
modifying requests to subdivide or develop land in Chesapeake Bay Preservation Areas (CBPAs).
This part shall only apply to areas designated or determined to be CBPAs.
Section 4-2.

DESIGNATION OF CHESAPEAKE BAY PRESERVATION AREAS

Subject to the exemptions set forth in Section 4-17 and exceptions allowed pursuant to Section 418, the requirements of this Part IV of the Ordinance shall apply to all lands to the extent located in a
CBPA. CBPAs consist of Resource Protection Areas (RPAs) and Resource Management Areas
(RMAs), which are subject to the use restrictions and regulations in this Part
IV. RPAs are protected from most development because, left intact, they function to improve and
protect water quality. RMAs, the landward component of CBPAs, are regulated to protect both the
associated RPAs and water resources from degradation resulting from inappropriate use and
development.
Section 4-3.

RESOURCE PROTECTION AREAS

(a) RPAs shall consist of sensitive lands adjacent to water bodies with perennial flow that have
an intrinsic water quality value due to the ecological and biological processes they perform or
that are sensitive to uses or activities such that the use results in significant degradation to the
quality of State Waters. In their natural condition, these lands provide for the removal,
reduction, or assimilation of sediments, nutrients and potentially harmful or toxic substances
in runoff entering the bay and its tributaries, and minimize the adverse effects of human
activities on state waters and aquatic resources.
(b) RPAs shall include:

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(1) Tidal wetlands;
(2) Non-tidal wetlands connected by surface flow and contiguous to tidal wetlands or
Water Bodies with Perennial Flow;
(3) Tidal shores; and
(4) A 100-foot buffer area measured horizontally located adjacent to and landward of the
components listed in subsections (b)(1) through (b)(3) above and along both sides of any
Water Body with Perennial Flow, and the full buffer area shall be designated as the
landward component of the RPA notwithstanding the presence of permitted uses,
encroachments, and permitted vegetation clearing in compliance with this ordinance.
Designation of the components listed in this subsection (b) shall not be subject to
modification unless based on reliable, site-specific information as provided for in this
Ordinance.
(c) For the purpose of generally determining whether water bodies have perennial flow, water
bodies depicted as perennial on the most recent U.S. Geological Survey 7½ minute
topographic quadrangle map (scale 1:24,000) will be considered as having perennial flow.
However, for purposes of review of a plan of development or Water Quality Impact
Assessment (WQIA), site-specific determinations of perennial flow shall be made or
confirmed by the Director of Community Development pursuant to Section 4-5(a) of this
Ordinance using the definition of “Water Bodies with Perennial Flow” as defined in Section
1-2 of this Ordinance.
(d) The County may elect not to designate an RPA adjacent to a daylighted stream; provided,
however, that for development on any property adjacent to such daylighted stream, a WQIA
pursuant to Section 4-8 shall be performed to ensure that the proposed development does not
result in the degradation of the stream and is effective in retarding runoff, preventing erosion,
and filtering nonpoint source pollution.
Section 4-4.

RESOURCE MANAGEMENT AREAS

(a) The purpose of the RMA is to provide significant water quality protection through the
employment of the performance standards set forth in Section 4-11 and to prevent
diminishing the functional value of the RPA.
(b) RMAs shall include the following lands:
(1) Those areas contiguous to any RPA where there is an overlap of soils delineated as
highly erodible and soils delineated as highly permeable;
(2) Those areas contiguous to any RPA that are delineated as a 100-year floodplain; and
(3) An area 25-feet in width landward and contiguous to the entire inland boundary of the
RPA.
Section 4-5.

SITE SPECIFIC DELINEATION OF CBPA BOUNDARIES
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(a) The applicant shall have the burden of delineating CBPA boundaries for a development site.
As part of the Plan of Development review process pursuant to Section 4-13, or during the
review of a Water Quality Impact Assessment (WQIA) pursuant to Section 4-8 of this
ordinance, the following steps shall occur:
(1) Applicant shall perform and submit to the Director of Community Development for his or
her approval a reliable, site-specific evaluation and associated development site map that
addresses and includes the following:
(i)

A determination of whether there is a Water Body with Perennial Flow, as defined
in Section 1-2 of this Ordinance, located on or adjacent to the proposed
development site and delineation of same;

(ii)

A delineation of the RPA on the site consistent with Section 4-3 of this Ordinance
based on the determination and delineation of the presence of any Water Body
with Perennial Flow located on or adjacent to the proposed development site; and

(iii)

A delineation of the RMA on the site consistent with Section 4-4 of this
Ordinance based on the site-specific delineation of the RPA.

(2) Upon verification and approval of the site-specific evaluation by the Director of
Community Development, the CPBA boundaries for the site shall then be adjusted as
necessary to ensure their respective compliance with Sections 4-3 and 4-4 of this
Ordinance. In determining the site-specific RPA or RMA boundary, the Director of
Community Development may render adjustments to the Applicant's proposed boundary
delineation in accordance with the Plan of Development review process set forth in
Section 4-13 of this Ordinance or in accordance with the WQIA review process set forth
in Section 4-8 of this Ordinance.
(b) CBPA maps may be provided by the County and used as a guide by the Applicant to the
general location of RPAs and RMAs; however, they do not, by themselves, meet the
requirement for a site-specific evaluation.
(c) If an adjusted CBPA boundary delineation is contested by the Applicant, the Applicant may
seek relief in accordance with the provisions of Section 6-1 of this Ordinance.
(d) For purposes of addressing RPAs or RMAs as part of the County’s Zoning Ordinance, the
definitions of “Resource Protection Area” and “Resource Management Area” set forth in
Section 1-2 of this Ordinance are incorporated by reference in the definition section of the
County’s Zoning Ordinance.
(e) Upon request by an Applicant wishing to construct a single-family residence or alteration
thereof, the Director of Community Development may waive the requirement for the
Applicant to perform a site-specific RPA evaluation. In such case, the Director of
Community Development shall perform the site-specific RPA evaluation using remote
sensing, hydrology, soils, plant species, and other data and in consultation with appropriate
resources, as necessary. However, an Applicant shall remain responsible for preparing and
submitting a WQIA pursuant to Sections 4-8, 4-12, and 4-13 of this Ordinance.
Section 4-6. USE REGULATIONS

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Permitted uses, special permit uses, accessory uses, and special requirements shall be as
established by the underlying zoning district, unless specifically modified by the requirements set
forth herein.
Section 4-7.

LOT SIZE

Lot size shall be subject to the requirements of the underlying zoning district(s) and subdivision
ordinance. In this regard, any RPA within any lot shall be included when determining whether a lot
has sufficient size for a particular use, provided that there must be sufficient area outside the RPA to
accommodate an intended development in accordance with the performance standards in Sections 411 and 4-12.
Section 4-8.

WATER QUALITY IMPACT ASSESSMENTS

(a) Purpose. The purpose of the Water Quality Impact Assessment (WQIA) is to identify the
impacts of proposed development on water quality and lands in the RPA and, in certain
cases, in the RMA, consistent with the goals and objectives of the Bay Act, the Bay Act
Regulations, this Ordinance, and local programs, and to determine specific measures for
mitigation of those impacts.
(b) Applicability. A WQIA is required for (1) any proposed development within a Resource
Protection Area, including any buffer area modification or encroachment as provided for in
Section 4-12(b) of this Ordinance, or (2) for any development within a Resource
Management Area when deemed necessary by the Director of Community Development due
to unique characteristics of the site or the intensity of the development. Depending on the
area and location of land-disturbance, ether a minor WQIA or a major WQIA shall be
required.
(c) Minor Water Quality Impact Assessment. A minor WQIA shall be required for a
development or redevelopment (A) entailing less than 5,000 square feet of land- disturbance
within the RPA, or (B) when the Director of Community of Development determines that a
WQIA is necessary for any development within the RMA due to unique characteristics of
the site or the intensity of the development within the RMA. A minor WQIA shall:
(1) Provide adequate justification for the proposed encroachment;
(2) Incorporate any site-specific evaluation for Water Bodies with Perennial Flow, as
required pursuant to Section 4-5(a);
(3) Include a restoration plan that includes the replacement of vegetation that is proposed
for removal from the RPA buffer area in connection with the development or
redevelopment, ensuring that the type, quantity and density of replacement vegetation
shall be capable of retarding runoff, preventing erosion, and filtering
nonpoint source pollution from runoff;
(4) Demonstrate that the combination of undisturbed RPA buffer area, restoration plantings,
and identified best management practices or measures will be effective in retarding
runoff, preventing erosion, and filtering nonpoint source pollution from runoff; and

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(5) Include a site drawing, to scale if practicable and certified as complete and accurate by a
professional engineer or a certified land surveyor, that shows the following:
(i)

The location and boundaries of the affected portions of the RPA and adjacent
RMA;

(ii)

The location, nature and quantification of proposed encroachments into the RPA,
including type of material proposed to be used for access paths, areas of clearing
or grading, location of any structures, drives or other impervious surfaces;

(iii)

Location and density of existing vegetation on site, including the number and
type of trees and other vegetation proposed for removal in the RPA buffer area
as a result of the encroachment or modification and location of the replacement
vegetation called for in the restoration plan; and

(iv)

The type and proposed location of any best management practice facilities or
measures to mitigate the proposed RPA encroachment and/or adverse impacts.

(d) Major Water Quality Impact Assessment. A major WQIA shall be required for any
development that (A) would result in at least 5,000 square feet of land-disturbance within
the RPA; or (B) would disturb any portion of the seaward 50 feet of the 100-foot buffer area
or any other component of an RPA. The information required in this section shall be
considered a minimum, unless the Director of Community Development determines that
some of the elements are unnecessary due to the scope and nature of the proposed use and
development of land. A major WQIA shall:
(1) Provide adequate justification for the proposed encroachment;
(2) Incorporate any site-specific evaluation for Water Bodies with Perennial Flow, as
required pursuant to Section 4-5(a);
(3) Describe the existing physical characteristics of the affected portions of the RPA and the
RMA, as applicable, including:
(i)

Topography, soil characteristics, erosion potential and hydrology;

(ii)
(iii)

Any wetlands and their functions and values;
Any streams and other surface water bodies; and

(iv)

The location and density of existing vegetation, including the number and type
of trees and other vegetation categorized by type (e.g. shrubs, trees,
groundcover) within 50 feet of the proposed land-disturbance;

(4) Describe the proposed encroachment into the RPA, including type and size of proposed
areas of clearing or grading, improvements, structures, roads, drives, access paths, other
impervious surfaces, irrigations systems, lighting systems, sewage disposal systems and
reserve drainfields, and other utilities;
(5) Include a restoration plan that includes the replacement of vegetation that is proposed
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for removal from the RPA buffer area in connection with the development or
redevelopment, ensuring that the type, quantity and density of replacement vegetation
shall be capable of retarding runoff, preventing erosion, and filtering nonpoint source
pollution from runoff;
(6) Demonstrate that the combination of undisturbed RPA buffer area, restoration plantings,
and identified best management practices or measures will be effective in retarding
runoff, preventing erosion, and filtering nonpoint source pollution from run-off;
(7) Include any other information deemed by the Director of Community Development to
be necessary to evaluate potential water quality impacts of the proposed activity; and
(8) Include a site drawing, to scale if practicable and certified as complete and accurate by a
professional engineer or a certified land surveyor, that shows the following:
(i)

The locations and boundaries of the affected portions of the RPA and adjacent
RMA;

(ii)

The locations of the affected RPA components, including any tidal wetlands or
shores, Water Bodies with Perennial Flow, nontidal wetlands and the 100- foot
buffer;

(iii)

The location, nature, and quantification of the proposed encroachment into the
RPA and related components specified in subsection (d)(8)(ii) above;

(iv)

The location and density of existing vegetation on site, including the number and
type of trees and other vegetation proposed for removal in the RPA buffer area
as a result of the encroachment or modification and location of the replacement
vegetation called for in the restoration plan;

(v)
(vi)

The location of existing and proposed stormwater outfalls from the site; and
The type and proposed location of any best management practice facilities or
measures to mitigate the proposed RPA encroachment and/or adverse impacts.

(e) During the review of a WQIA, the Director of Community Development shall ensure or
confirm that any RPA and RMA boundary adjustments required pursuant to Section 4- 5(a)
are made.
Section 4-9.

RESERVED

Section 4-10. RESERVED
Section 4-11. GENERAL PERFORMANCE STANDARDS FOR DEVELOPMENT AND
REDEVELOPMENT IN CHESAPEAKE BAY PRESERVATION AREAS
(a) Any development or redevelopment involving land-disturbance of 2,500 square feet or more
shall be subject to a Plan of Development process, as set forth in Section 4-13, and other such
requirements as set forth in the Other County Land Development Ordinances.

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(b) Land-disturbance shall be limited to the area necessary to provide for the proposed use or
development.
(1) The limits of land-disturbance, including clearing or grading shall be accurately defined
and delineated on submitted plans and physically marked on the development site prior to
clearing or grading.
(2) Ingress and egress during construction shall be limited to one access point, unless
otherwise approved by the Director of Community Development.
(3) The area of land-disturbance shall be reasonable for and consistent with the proposed use
and development.
(c) Land development shall minimize impervious cover consistent with the proposed use or
development.
(d) Indigenous vegetation shall be preserved to the maximum extent practicable, consistent with
the proposed use or development.
(e) Notwithstanding any other provision of this Part IV, any land-disturbing activity of 2,500
square feet or more in a designated CPBA, including construction of all single-family houses,
septic tanks, and drainfields, shall be subject to the applicable requirements of Parts II and III
of this Ordinance.
(f) Except as otherwise provided herein, any on-site sewage disposal system located within the
County and not requiring a Virginia Pollutant Discharge Elimination System
(VPDES) permit shall be pumped out at least once every five years, the initial five-year
period to begin as of January 1, 1995 for parcels of land with highly permeable soils
contiguous to Chesapeake Bay Preservation Areas, as of July 1, 1995 for all other areas of
the County, or upon the issuance of a certificate of occupancy for the structure served by the
septic system in question, whichever is later. Such pumping and maintenance shall be
performed in a manner approved by the Charles City County Health Department. The owner
of a septic system shall, immediately upon having a septic system pumped and maintained,
certify in a form approved by the Health Department that such pumping and maintenance
was performed. The pumping and maintenance required by this section must be performed by
an individual or entity approved by the County.
Notwithstanding the foregoing, either of the following alternative practices may be
performed in lieu of meeting the five-year pump-out obligation:
(1) Owners of on-site sewage treatment systems may submit documentation every five
(5) years, certified by an operator or onsite soil evaluator licensed or certified under Va.
Code §§ 54.1-2300 et seq. as being qualified to operate, maintain, or design onsite
sewage systems, that the septic system has been inspected, is functioning properly, and
the tank does not need to have the effluent pumped out of it; or
(2) If deemed appropriate by the local health department and subject to conditions the local
health department may set, a plastic filter is installed and maintained in the outflow pipe
from the septic tank to filter solid material from the effluent while sustaining adequate
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flow to the drainfield to permit normal use of the septic system. Such a filter should
satisfy standards established in the Sewage Handling and Disposal Regulations
(12VAC5-610) administered by the Virginia Department of Health.
(g) For new construction, a reserve sewage disposal site with a capacity at least equal to that of
the primary sewage disposal site shall be provided. This requirement shall not apply to any
lot or parcel recorded prior to October 1, 1989 if such lot or parcel is not sufficient in
capacity to accommodate a reserve sewage disposal site, as determined by the local health
department. Building or construction of any impervious surface shall be prohibited on the
area of all sewage disposal sites or on an on-site sewage treatment system, which operates
pursuant to a VPDES permit issued by the Board, until the structure is served by public
sewer.
(h) Subject to the applicable provisions of Part II of this Ordinance, stormwater runoff from
development or redevelopment in a Chesapeake Bay Preservation Area shall be controlled
by using best management practices consistent with the water quality protection provisions of
the VESMP Regulations that achieve the water quality design criteria as set forth in this
Ordinance.
(i) Prior to initiating grading or other on-site activities in any Chesapeake Bay Preservation
Area, (1) all wetlands permits required by federal, state, and local laws and regulations shall
be obtained, and (2) evidence of such permits shall be submitted to the Director of
Community Development.

(j) A soil and water quality conservation assessment shall be performed for land upon which
agricultural activities are being conducted, including but not limited to crop production,
pasture, and dairy and feedlot operations, or lands otherwise defined as agricultural land by
the County. Such soil and water quality conservation assessment shall evaluate the
effectiveness of existing practices pertaining to soil erosion and sediment control, nutrient
management, and management of pesticides and, where necessary, shall result in a plan that
outlines additional practices needed to ensure that water quality protection is being
accomplished consistent with the Bay Act Regulations and this Ordinance.
(1)

Recommendations for additional conservation practices need address only those
conservation issues applicable to the tract or field being assessed. Any soil and water
quality conservation practices that are recommended as a result of such an
assessment and are subsequently implemented with financial assistance from federal
or state cost-share programs must be designed, consistent with cost-share practice
standards effective in January 1999 in the “Field Office Technical Guide” of the
U.S. Department of Agriculture Natural Resource Conservation Service or the June
2000 edition of the “Virginia Agricultural BMP Manual” of the Virginia Department
of Conservation and Recreation, respectively. Unless otherwise specified in this
section, general standards pertaining to the various agricultural conservation
practices being assessed shall be as follows:
(i)

For erosion and sediment control recommendations, the goal shall be,
where feasible, to prevent erosion from exceeding the soil loss tolerance
level, referred to as “T,” as defined in the “National Soil Survey
Handbook” of November 1996 in the “Field Office Technical Guide” of
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the U.S. Department of Agriculture Natural Resource Conservation
Service. However, in no case shall erosion exceed the soil loss consistent
with an Alternative Conservation System, referred to as an “ACS”, as
defined in the “Field Office Technical Guide” of the U.S. Department of
Agriculture Natural Resource Conservation Service.
(ii)

For nutrient management, whenever nutrient management plans are
developed, the operator or landowner must provide soil test information,
consistent with the Virginia Nutrient Management Training and
Certification Regulations (4 VAC 50-85).

(iii)

For pest chemical control, referrals shall be made to the local cooperative
extension agent or an Integrated Pest Management Specialist of the
Virginia Cooperative Extension Service. Recommendations shall include
copies of applicable information from the “Virginia Pest Management
Guide” or other Extension materials related to pest control.

(2)

A higher priority shall be placed on conducting assessments of agricultural fields and

(3)

The findings and recommendations of such assessments and any resulting soil and
water quality conservation plans will be submitted to the Colonial Soil and Water
Conservation District Board, which will be the plan-approving authority.

tracts adjacent to RPAs. However, if the landowner or operator of such a tract also has fields or
tracts in his/her operation which are located within an RMA, the assessment for that landowner
or operator may be conducted for all fields or tracts in the operation. When such an expanded
assessment is completed, priority must return to RPA fields and tracts.

(k) Silvicultural activities in Chesapeake Bay Preservation Areas are exempt from this Part IV
pursuant to Section 4-17(b) of this Ordinance.
Section 4-12. ALLOWABLE USES AND SPECIFIC PERFORMANCE STANDARDS FOR
DEVELOPMENT AND REDEVELOPMENT IN RESOURCE PROTECTION AREAS
This section sets forth those uses, development and redevelopment that are allowed within
Resource Protection Areas and their associated specific performance standards that supplement the
general performance criteria in Section 4-11 above.
(a) Subject to general performance criteria set forth in Section 4-11, the results of any WQIA
performed pursuant to Section 4-8 and as required for any proposed land-disturbance in the
RPA, the specific performance standards of this section, as well as other applicable
requirements, exemptions, and exceptions provided for in this Ordinance, the following uses,
development and redevelopment may occur within an RPA:
(1) Those that are water-dependent, provided that, for new or expanded water- dependent
facilities, the following criteria are satisfied:
(i)

Such facilities do not conflict with the comprehensive plan;

(ii)

Such facilities comply with the performance criteria set forth in this Part IV;
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(iii)

Any non-water dependent component is located outside of Resource
Protection Areas; and

(iv)

Access will be provided with the minimum disturbance necessary and, where
possible, a single point of access will be provided;

(2) Those that constitute redevelopment, provided that, there is no increase in the amount of
impervious coverage and no further encroachment into the RPA and that they conform to
all applicable erosion and sediment control and stormwater management requirements of
other state and federal agencies;
(3) Those that constitute development or redevelopment within a designated Intensely
Developed Area;
(4) A new use encroaching into the 100-foot buffer area, pursuant to Section 4-12(b)(4);
(5) A road and driveway crossing, provided that, if not exempt pursuant to Section 4-17, it
satisfies the following conditions:
(i)

The Director of Community Development makes a finding that there are no
reasonable alternatives to aligning the road, driveway or driveway crossing in or
across the Resource Protection Area;

(ii)

The alignment and design of the road or driveway are optimized, consistent with
other applicable requirements, to minimize encroachment in the Resource
Protection Area and adverse effects on water quality;

(iii)

The design and construction of the road or driveway satisfy all applicable criteria
of this Ordinance, including submission of a WQIA as may be required; and

(iv)

The Director of Community Development coordinates the review of the plan for
the proposed road or driveway in or across the Resource Protection Area in
coordination with local government site plan, subdivision, and plan of
development approvals; or

(6) Flood control and stormwater management facilities that drain or treat water from

multiple development projects or from a significant portion of a watershed (but not a best
management practice that collects and treats runoff from only an individual lot or some
portion of a lot to be located within an RPA) that satisfy the following criteria:
(i)

The Director of Community Development has conclusively established that
location of the facility within the Resource Protection Area is the optimum
location;

(ii)

The size of the facility is the minimum necessary to provide necessary flood
control, stormwater treatment, or both;

(iii)

The facility must be consistent with a comprehensive Stormwater Management
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Plan developed and approved in accordance with 9VAC25-870- 92 of the
Virginia Stormwater Management Program regulations;
(iv)

All applicable permits for construction in state or federal waters must be obtained
from the appropriate state and federal agencies, such as the U.S. Army Corps of
Engineers, DEQ, and the Virginia Marine Resources Commission;

(v)

The facility must be approved by the County prior to construction; and
Routine maintenance is allowed to be performed on such facilities to assure that
they continue to function as designed.

(vi)

(b) Buffer Area Requirements
(1) In accordance with Sections 4-2 (Designation of Chesapeake Bay Preservation Areas)
and 4-13 (Plan of Development Process) of this ordinance, the landward component of
the RPA shall consist of a 100-foot wide vegetated buffer to minimize the adverse
effects of human activities on the other components of the RPA, state waters, and
aquatic life. The buffer area shall be effective in retarding runoff, preventing erosion,
and filtering nonpoint source pollution from runoff. The 100- foot wide buffer area shall
be deemed to achieve a seventy-five percent (75%) reduction of sediments and a forty
percent (40%) reduction of nutrients, or such other reductions as may be applicable per
the Riparian Buffers Modification and Mitigation Guidance Manual, the BMP
Clearinghouse or the Chesapeake Bay Program modeling framework.
(2) The 100-foot width of the buffer area shall be retained if present, established where it
does not exist, and shall not be reduced in width notwithstanding permitted uses,
encroachments, and vegetation clearing as set forth in this section.
(i)

Where land uses such as agriculture or silviculture within the area of the buffer
cease and the lands are proposed to be converted to other uses, the full 100-foot
wide buffer shall be reestablished. In reestablishing the buffer, management
measures shall be undertaken to provide woody vegetation that assures the buffer
functions set forth in this chapter.

(ii)

In Intensely Developed Areas, the County may exercise discretion regarding
whether to require establishment of vegetation in the 100-foot wide buffer area.
However, while the immediate establishment of vegetation in the buffer area may be
impractical, the County may require measures that would establish vegetation in the
buffer area in Intensely Developed Areas over time to maximize water quality
protection, pollutant removal, and water resource conservation

(3) In order to maintain the functional value of the buffer area, and subject to approval by the
County, indigenous vegetation may be removed only to provide for reasonable sight
lines, access paths, general woodlot management, and best management practices,
including those that prevent upland erosion and concentrated flows of stormwater, as
follows:
(i)

Trees may be pruned or removed as necessary to provide for sight lines and vistas,
provided that, where removed, they shall be replaced with other vegetation that is
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equally effective in retarding runoff, preventing erosion, and filtering non-point
source pollution from runoff;
(ii)

Any path shall be constructed and surfaced so as to effectively control
erosion;

(iii)

Dead, diseased, or dying trees or shrubbery and noxious weeds (such as Johnson
grass, kudzu, and multi-flora rose) may be removed and thinning of trees may be
allowed, pursuant to sound horticultural practice incorporated into locally-adopted
standards; and

(iv)

For shoreline erosion control projects, trees and woody vegetation may be
removed, necessary control techniques employed, and appropriate vegetation
established to protect or stabilize the shoreline in accordance with the best
available technical advice and applicable permit conditions or requirements.

(4) Permitted encroachments into a buffer area.
(i)

When the application of the buffer areas would result in the loss of a buildable
area on a lot or parcel recorded prior to October 1, 1989, the Director of
Community Development may permit encroachment into the buffer area in
accordance with Section 4-13 and the following criteria:
(A) Encroachment to the buffer areas shall be the minimum necessary to achieve a
reasonable buildable area for a principal structure and necessary utilities;
(B) Where practicable, a vegetated area shall be established elsewhere on the lot
or parcel that will maximize water quality protection, mitigate the effects of
the buffer encroachment, and is equal to the area of encroachment into the
buffer area; and
(C) The encroachment may not extend into the seaward 50- feet of the buffer area.

(ii)

When the application of the buffer area would result in the loss of a buildable area
on a lot or parcel recorded between October 1, 1989, and March 1, 2002,
encroachments into the buffer area may be allowed in accordance with Section 413 and the following criteria:
(A) The lot or parcel was created as a result of a legal process conducted in
conformity with the local government's subdivision regulations;
(B) Conditions or mitigation measures imposed through a previously approved
exception shall be met;
(C) If the use of a best management practice (BMP) was previously required, the
BMP shall be evaluated to determine if it continues to function effectively
and, if necessary, the BMP shall be reestablished or repaired and maintained
as required; and
(D) The criteria in subsection (b)(4)(i) of this section shall be met.
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(iii)

Encroachments into or modifications of the buffer area may be allowed on
agricultural lands, provided that the following measures are satisfied:
(A) On agricultural lands, the buffer area shall be managed to prevent
concentrated flows of surface water from breaching the buffer area, and
appropriate measures may be taken to prevent noxious weeds (such as
Johnson grass, kudzu, and multiflora rose) from invading the buffer area;
(B) Agricultural activities may encroach into the landward 50-feet of the 100- foot
wide buffer area when at least one agricultural best management practice
which, in the opinion of the Colonial Soil and Water Conservation District
Board, addresses the more predominant water quality issue on the adjacent
land - erosion control or nutrient management - is being implemented on the
adjacent land, provided that the combination of the undisturbed buffer area
and the best management practice achieves water quality protection, pollutant
removal, and water resource conservation at least the equivalent of the 100foot wide buffer area. If nutrient management is identified as the predominant
water quality issue, a nutrient management plan, including soil tests, must be
developed consistent with the Virginia Nutrient Management Training and
Certification Regulations (4VAC50-85) administered by the Virginia
Department of Conservation and Recreation.
(C) Agricultural activities may encroach within the landward 75-feet of the 100foot-wide buffer area when agricultural best management practices which
address erosion control, nutrient management, and pest chemical control, are
being implemented on the adjacent land. The erosion control practices must
prevent erosion from exceeding the soil loss tolerance level, referred to as
“T,” as defined in the “National Soil Survey Handbook” of November 1996 in
the “Field Office Technical Guide” of the U.S. Department of Agriculture
Natural Resource Conservation Service. A nutrient management plan,
including soil tests, must be developed, consistent with the Virginia Nutrient
Management Training and Certification Regulations (4VAC50-85)
administered by DCR. In conjunction with the remaining buffer area, this
collection of best management practices shall be presumed to achieve water
quality protection at least the equivalent of that provided by the 100-foot-wide
buffer area.
(D) The buffer area is not required to be designated adjacent to agricultural
drainage ditches if at least one best management practice which, in the
opinion of the Colonial Soil and Water Conservation District Board, addresses
the more predominant water quality issue on the adjacent land– either erosion
control or nutrient management–is being implemented on the adjacent land.
(E) If specific problems are identified pertaining to agricultural activities which
are causing pollution of the nearby Water Body with Perennial Flow or
violate performance standards pertaining to the vegetated buffer area, the
Director of Community Development, in cooperation with Colonial Soil and
Water Conservation District, shall recommend a compliance schedule to the
landowner and require the problems to be corrected consistent with that
schedule. This schedule shall expedite environmental protection while taking
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into implementing the corrective measures is greatest.
(F) In cases where the landowner or his/her agent or operator has refused
assistance from the Colonial Soil and Water Conservation District in
complying with or documenting compliance with the agricultural
requirements of this chapter, the District shall report the noncompliance to the
Director of Community Development. The Director of Community
Development shall require the landowner to correct the problems within a
specified period of time not to exceed eighteen (18) months from their initial
notification of the deficiencies to the landowner. The Director of Community
Development, in cooperation with the District, shall recommend a compliance
schedule to the landowner. This schedule shall expedite environmental
protection while taking into account the seasons and other temporal
considerations so that the probability for successfully implementing the
corrective measures is greatest.
Section 4-13. PLAN OF DEVELOPMENT REQUIREMENTS
(a) Applicability and Scope.
(1) Any development or redevelopment with land-disturbance exceeding 2,500 square feet in
area shall be accomplished through the plan of development process as set forth in this
section and as required in the County Site Plan Ordinance. In such case, an approved
plan of development shall be a prerequisite for issuance of any building permit. The
Applicant is encouraged to coordinate and combine the elements of the proposed plan of
development into one application package.
(2) In addition to any other requirements of other County Land Development Ordinances, the
plan of development shall include the elements set forth in Section 4-13(b) below;
provided, however, that the Director of Community Development may waive elements of
(b)(4) and/or (b)(5) of this Section with a finding that either or both are unnecessary due
to the scope and nature of the proposed land-disturbance.
(b) The plan of development shall include those elements required pursuant to the Other
County Land Development Ordinances as well as the following elements:
(1) A site plan in accordance with the provisions of the Virginia Statewide Building Code
or a subdivision plat in accordance with the County Subdivision Ordinance.
(2) A delineation of Chesapeake Bay Preservation Areas and components appropriate in
detail for the nature and amount of land-disturbance being proposed. Wetland
delineations shall be performed utilizing the methodology of the U.S. Army Corps of
Engineers for determining jurisdictional wetlands under §404 of the Clean Water Act, 33
U.S.C. 1344.
(3) Identification of Water Bodies with Perennial Flow using a scientifically valid system of
in-field indicators of perennial flow as determined by the Director of Community
Development. Acceptable methods include but are not limited to the methods determined
by DEQ to be scientifically valid.
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(4) An ESM Plan in accordance with the provisions this Ordinance for land-disturbance in a
Chesapeake Bay Preservation Area exceeding 2,500 square feet.
(5) A Stormwater Management Plan in accordance with the provisions of this Ordinance, for

land-disturbance in a Chesapeake Bay Preservation Area exceeding 2,500 square feet.

(6) A WQIA prepared in accordance with Section 4-8 of this Ordinance and approved by the

Director of Community Development.

(c) Plan of Development Submission and Review Requirements.
(1) Five copies of all site drawings and other applicable information as required by Section 413 shall be submitted to the Director of Community Development for review.
(2) RPA boundary assessments and delineations shall be sealed by a professional engineer,
land surveyor, landscape architect, soil scientist, or wetland delineator certified or
licensed to practice in the Commonwealth of Virginia.
(3) Any work performed by other firms or individuals not under the responsible charge of the
licensed professional sealing the study shall be identified and sealed by that individual as
appropriate.
(4) As part of the plan of development review process or during the review of a WQIA, the
Director of Community Development shall ensure or confirm that:
(i)

a reliable, site-specific evaluation is conducted to determine whether water
bodies on or adjacent to the development site have perennial flow; and

(ii)

RPA and RMA boundaries on the site are adjusted as necessary to ensure
compliance with Sections 4-3 and 4-4 respectively.

(5) All information required in this section shall be certified as complete and accurate to
the satisfaction of the Director of Community Development.
Section 4-14. EVALUATION OF PLAN OF DEVELOPMENT
(a) The Director of Community Development shall review the application for the Plan of
Development to determine whether it is generally complete and notify the Applicant of
his/her completeness determination pursuant to County Site Plan Ordinance Section 9.1.
(b) Within sixty (60) days of determining that the application is complete, (i) the County
reviewing departments shall review the application and provide their comments and
recommendations to the Director of Community Development, and (ii) the Director of
Community Development shall approve or disapprove the proposed Plan of
Development.
(c) The Director of Community Development shall approve the Plan of Development only if
he or she finds that it satisfies requirements of Section 4-13 of this Ordinance and that it
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demonstrates that the performance criteria of Part II, Section 4-11 and Section 4-12 of
this Ordinance will be satisfied. The Director of Community Development may
recommend conditions or modifications to the Plan of Development that will result in
mitigation of any impacts that would otherwise cause the Plan of Development to fail to
meet these requirements or performance criteria.
Section 4-15. INSTALLATION AND BONDING REQUIREMENTS
a) Except as otherwise required by Part VII and any other provision of this Ordinance, the
following installation and bonding requirements shall apply to activities regulated pursuant to
this Part of the Ordinance:
(1) Where buffer areas, landscaping, stormwater management facilities or other
specifications of an approved plan of development are required, no certificate of
occupancy shall be issued until the installation of required plant materials or facilities is
completed, in accordance with the approved plan of development; provided, however,
that, when the occupancy of a structure is desired prior to the completion of the required
landscaping, stormwater management facilities, or other specifications of an approved
plan of development, a temporary certificate of occupancy may be issued if the Applicant
provides to County a form of surety satisfactory to the Director of Community
Development in amount equal to the remaining plant materials, related materials, and
installation costs of the required landscaping or other specifications and/or maintenance
costs for any required stormwater management facilities;
(2) All required landscaping shall be installed and approved during the first planting season
following issuance of a certificate of occupancy or the surety may be forfeited to County;
(3) All required stormwater management facilities or other specifications shall be installed
and approved within eighteen (18) months of project commencement.
(4) Should the Applicant fail, after proper written notice, to initiate, complete or maintain appropriate

actions required by the approved plan of development, the surety shall be forfeited to the County,
in which case the County may collect from the Applicant the amount by which the reasonable
cost of required actions exceeds the amount of the surety held;

(5) After all required actions of the approved plan of development have been completed, the
Applicant must submit a written request for a final inspection. If the requirements of the
approved plan of development have been completed to the satisfaction of the Director of
Community Development, such unexpended or unobligated portion of the surety held
shall be refunded to the Applicant or terminated within sixty (60) days following the
receipt of the Applicant's request for final inspection. The Director of Community
Development may require a certificate of substantial completion from a Professional
Engineer or Class III - B Surveyor before making a final inspection; and
(6) The owner or agent of the subject property must complete and maintain in good order all
facilities required by this section.
Section 4-16. NONCONFORMING USES AND NONCOMPLYING STRUCTURES

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a) Any Nonconforming Use may be continued after the effective date of this Ordinance or any
amendment thereto that expands the applicability of this Ordinance to such Nonconforming
Use.
b) Repair or reconstruction of any Nonconforming Use as a result of a casualty loss shall be
allowed subject to applicable requirements and limitations of Parts II and III of this
Ordinance, Section 24-6 of the County Zoning Ordinance, and other County Land
Development Ordinances.
c) No change or expansion of a Nonconforming Use shall be allowed except that the Director of
Community Development may grant a nonconforming use and development waiver for
buildings or structures on legal nonconforming lots or parcels to provide for remodeling and
alterations to such nonconforming buildings or structures, provided that:
(1) There will be no increase in non-point source pollution load;
(2) Any development or land-disturbance exceeding an area of 2,500 square feet complies
with all requirements of Part II of this Ordinance.
(3) An application for a nonconforming use and development waiver shall be made to and
upon forms furnished by the Director of Community Development and shall include:
(i)

The name and address of Applicant and property owner;

(ii)

The legal description of the property and the type of proposed use and

(iii)

A sketch of the dimensions of the lot or parcel, area of proposed landdisturbance, existing vegetation, location of buildings, proposed additions, and
other impervious surfaces relative to lot lines, and the boundary of the RPA; and

(iv)

The location and description of any existing private water supply or sewage
system.

development;

(4) A nonconforming use and development waiver shall become null and void twelve
(12) months from the date issued if no substantial work has commenced within that period.
(5) An application for the expansion of a nonconforming principle building or structure may
be approved by the Director of Community Development through an administrative
review process, provided that the following findings are made:
(i)

The request for the waiver is the minimum necessary to afford relief;

(ii)

Granting the waiver will not confer upon the Applicant any specific privileges that
are denied by this Ordinance to other property owners in similar situations;

(iii)

The waiver is in harmony with the purpose and intent of this Ordinance and does
not result in water quality degradation;

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(iv)

The waiver is not based on conditions or circumstances that are self-created or
self-imposed;

(v)

Reasonable and appropriate conditions are imposed, as warranted, that will
prevent the waiver from causing a degradation of water quality;

(vi)

Other findings, as appropriate and required by the County, are satisfied; and

(vii)

In no case shall this provision apply to accessory structures.

Any Applicant may appeal the Director of Community Development’s decision to the Board of
Supervisors in accordance with Section 4-18.
Section 4-17. EXEMPTIONS
a) Exemptions for Public Utilities, Railroads, Roads and Facilities.
1) Construction, installation, operation, and maintenance of electric, natural gas, fiber- optic
and telephone transmission lines, railroads and public roads and their

appurtenant structures are deemed to comply with Part IV of this Ordinance if such activities are
performed in accordance with the (i) the VESMA, (ii) an ESM Plan and Stormwater Management
Plan approved by DEQ, as required, or (iii) local water quality protection criteria that are at least
as stringent with the above requirements; provided that the aforementioned exemption as applied
to public roads is further conditioned on optimization of the road alignment and design, consistent
with other applicable requirements, to prevent or otherwise minimize encroachment in the RPA
and adverse impacts on water quality.

2) Construction, installation, and maintenance of water, sewer, and local gas lines,
underground telecommunication and cable television lines owned, permitted or both by
the County or regional service authority shall be exempt from the requirements of the
ordinance, provided that:
(i)

To the degree possible, the location of such utilities and facilities shall be outside
RPAs;

(ii)

No more land shall be disturbed than is necessary to provide for the proposed
utility installation;

(iii)

All construction, installation, and maintenance of such utilities and facilities shall
comply with all applicable state and federal requirements and permits and
designed and conducted in a manner that protects water quality;

(iv)

Any land-disturbance exceeding an area of 2,500 square feet complies with Parts
II and III of this Ordinance.

b) Exemptions for Silvicultural Activities - Silvicultural activities in Chesapeake Bay
Preservation Areas are exempt from this article provided silvicultural operations adhere to
water quality protection procedures prescribed by the Virginia Department of Forestry in the
Fifth Edition (March 2011) of "Virginia’s Forestry Best Management Practices for Water
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Quality Technical Manual." The Virginia Department of Forestry will oversee and document
installation of best management practices and will monitor in-stream impacts of forestry
operations in Chesapeake Bay Preservation Areas.
c) Exemptions in Chesapeake Bay Preservation Areas - The following uses and landdisturbances located in Chesapeake Bay Preservation Areas are deemed exempt from the
provisions of this Part IV of this Ordinance:
1) Minor land-disturbing activities involving less than 2,500 square feet, such as home
gardens and individual home landscaping, repairs and maintenance work;
2) Individual utility service connections;
3) Installation of fence and sign posts or telephone and electric poles and other kinds of
posts and poles;
4) Emergency work to protect life, limb or property, and emergency repairs; and
5) Normal roadway maintenance operations to include grading, road repair and ditch
maintenance.
d) Exemptions in Resource Protection Areas - Land-disturbances in Resource Protection Areas
associated with water wells, historic preservation and archaeological activities, and passive
recreation facilities such as boardwalks, trails, and pathways may be exempt from the criteria
of this Part IV, provided that the following are demonstrated to the satisfaction of the
Director of Community Development:
1) Any required permits, except those to which this exemption specifically applies, shall
have been issued;
2) Sufficient and reasonable proof is submitted to the Director of Community
Development that the intended use will not deteriorate water quality;
3) The intended use does not conflict with nearby planned or approved uses; and
4) Any land-disturbance exceeding an area of 2,500 square feet shall comply with Part
II of this Ordinance.
Section 4-18. EXCEPTIONS
a) A request for a permissible exception to applicable requirements of provisions of this Part IV
of this Ordinance, other than those contemplated in Sections 4-11 and 4-12 shall be made in
writing to the Director of Community Development. The Director of Community
Development may grant these exceptions, provided that:
1) Exceptions to the requirements are the minimum necessary to afford relief;
2) Reasonable and appropriate conditions are placed upon any exception that is granted, as
necessary, so that the purposed and intent of this Ordinance is preserved; and
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3) Exceptions to the requirement for a Stormwater Management Plan shall only be
provided in accordance with Part II of this Ordinance.
b) A request for an exception to the requirements of Sections 4-11 and 4-12 of this Ordinance
shall be made in writing to the County Bay Board. The request shall identify the impacts of
the proposed exception on water quality and on lands within the RPA through the
performance of a WQIA which complies with the provisions of Section 4-8.
1) The County Bay Board shall notify the affected public of any such request for an
exception and shall consider these requests in a public hearing in accordance with
Va. Code § 15.2-2204, except that only one hearing shall be required.
2) The County Bay Board shall review the request for an exception and the WQIA and may
grant the request for an exception with such conditions and safeguards as deemed
necessary to further the purpose and intent of this Ordinance if the County Bay Board
finds:
(i)

The special privileges granted by the exception will be limited to the Applicant
and will not apply to other similarly situated property owners;

(ii)

The request for an exception is not based on conditions or circumstances that are
self-created or self-imposed, nor does the request arise from conditions or
circumstances either permitted or non-conforming that are related to adjacent
parcels;

(iii)

The request for an exception is the minimum necessary to afford relief;

(iv)

The request for an exception (A) will be in harmony with the purpose and intent
of this Part IV of this Ordinance, (B) will not be injurious to the neighborhood or
otherwise detrimental to the public welfare, and (C) will not result in a substantial
detriment to water quality; and

(v)

Reasonable and appropriate conditions are imposed where necessary to ensure
that the request for an exception will not result in degradation of water quality.

3) If the County Bay Board cannot make the required findings or refuses to grant the request
for an exception, the County Bay Board shall return to the Applicant the request for an
exception and the WQIA together with the written findings and rationale for the decision.
PART V. MAINTENANCE OF FACILITIES, COMPLIANCE AND ENFORCEMENT
Section 5-1. LONG-TERM MAINTENANCE OF PERMANENT STORMWATER FACILITIES
(a) The operator shall submit a construction record drawing for permanent stormwater
management facilities to the County in accordance with 9VAC25-875-535. The record
drawing shall contain a statement signed by a professional registered in the Commonwealth of
Virginia pursuant to Chapter 4 of Title 54.1 of the Code of Virginia, stating that to the best of
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their knowledge, the construction record drawing shows all adjustments and revisions to the
Stormwater Management Plan made during construction and serve as a permanent record of
the actual location of all constructed elements.
(b) The Administrator shall require the provision of long-term responsibility for and
maintenance of stormwater management facilities and other techniques specified to manage
the quality and quantity of runoff. Such requirements shall be set forth in an instrument
recorded in the local land records prior to General Permit termination or earlier as required
by the Administrator and shall at a minimum:
(1) Be submitted to the Administrator and the County Attorney for review and approval
prior to the approval of the Stormwater Management Plan;
(2) Recite that they are intended to "run with the land";
(3) Provide for all necessary access to the property for purposes of maintenance and
regulatory inspections;
(4) Provide for inspections and maintenance and the submission of inspection and
maintenance reports to the Administrator in accordance with the requirements of this
Ordinance; and
(5) Be enforceable by all appropriate governmental parties.
(c) At the discretion of the Administrator, such recorded instruments need not be required for
stormwater management facilities designed to treat stormwater runoff primarily from an
individual residential lot on which they are located, provided it is demonstrated to the
satisfaction of the Administrator that future maintenance of such facilities will be addressed
through an enforceable mechanism at the discretion of the Administrator.
(d) If a recorded instrument is not required pursuant to subsection (c), the Administrator shall
develop a strategy for addressing maintenance of stormwater management facilities
designed to treat stormwater runoff primarily from an individual residential lot on which
they are located. Such a strategy may include periodic inspections, homeowner outreach
and education, or other method targeted at promoting the long- term maintenance of such
facilities. Such facilities shall not be subject to the requirement for an inspection to be
conducted by the Administrator or any duly authorized agent of the Administrator.
Section 5-2. MONITORING, INSPECTIONS AND RECORDS
(a) All erosion and sediment control structures and systems and stormwater BMPs must be
maintained, inspected and repaired as needed to ensure continued performance of their
intended function.
(b) The Administrator shall inspect the land-disturbing activity during construction for:
(1) Compliance with the approved erosion and sediment control plan;
(2) Compliance with the approved stormwater management plan;
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(3) Development, updating, and implementation of a pollution prevention plan; and
(4) Development and implementation of any additional control measures necessary to
address any TMDL.
(c) The County or any duly authorized agent thereof may, at reasonable times and under
reasonable circumstances, enter any establishment or upon any property, public or private,
for the purpose of obtaining information or conducting surveys or investigations necessary
in the enforcement of the provisions of this ordinance. Inspections by the County shall be
conducted by a certified inspector and shall be performed upon reasonable notice to the
owner, permittee, or person responsible for carrying out the approved ESM Plan. In
accordance with a performance bond with surety, cash escrow, letter of credit, any
combination thereof, or such other legal arrangement, the County may also enter any
establishment or upon any property, public or private, for the purpose of initiating or
maintaining appropriate actions that are required by conditions imposed by the County on a
land-disturbing activity when an owner, after proper notice, has failed to take acceptable
action within the time specified.
(d) Except as otherwise set forth in an alternative inspection program as described herein,
inspections on all projects during construction by on or behalf of the Administrator shall be
performed (i) during or immediately following initial installation of erosion and sediment
controls, (ii) at least once in every two-week period within 48 hours following any runoff
producing storm event, and (iii) at the completion of the project prior to the release of any
performance bonds. However, inspections may instead be performed pursuant to a written
alternative inspection program approved by the Department prior to implementation and
based on a system of priorities that, at a minimum, address the amount of disturbed project
area, site conditions and stage of construction and documented by inspection records.
(e) The County shall establish an inspection program that ensures that permanent stormwater
management facilities are being adequately maintained as designed after completion of
land-disturbing activities. Inspection programs shall::
(1) Be approved by the Department;
(2) Ensure that each stormwater management facility is inspected by the Administrator, or
its designee, not to include the Owner, except as provided by subsections (f) and (g) of
this section, at least once every five years; and
(3) Be documented by records.
(f) The County may utilize the inspection reports provided by the Owner of a stormwater
management facility as part of an inspection program established in subsection (d) of this
section if the inspection is conducted by a person who is licensed as a professional engineer,
architect, landscape architect, or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of
Chapter 4 of Title 54.1; a person who works under the direction and oversight of the
licensed professional engineer, architect, landscape architect, or land surveyor; or a person
who holds an appropriate certificate of competence from the Department.

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(g) If a recorded instrument is not required pursuant to 9VAC25-875-130, the County shall develop
a strategy for addressing maintenance of stormwater management facilities designed to treat
stormwater runoff primarily from an individual residential lot on which they are located. Such a
strategy may include periodic inspections, homeowner outreach and education, or other method
targeted at promoting the long-term maintenance of such facilities. Such facilities shall not be
subject to the requirement for an inspection to be conducted by the County.
SECTION 5-3.

NOTICE OF VIOLATION AND STOP WORK ORDERS

(a) If the Administrator determines that there is a failure to comply with the permit conditions
or determines there is an unauthorized discharge, notice shall be served upon the permittee
or person responsible for carrying out the permit conditions by any of the following: verbal
warnings and inspection reports, notices of corrective action, consent special orders, and
notices to comply. Written notices shall be served by registered or certified mail to the
address specified in the permit application or by delivery at the site of the development
activities to the agent or employee supervising such activities.
(1) The notice shall specify the measures needed to comply with the permit conditions and
shall specify the time within which such measures shall be completed. Upon failure to
comply within the time specified, a stop work order may be issued in accordance with
subsection (a)(2) of this section or the permit may be revoked by the Administrator.
(2) If a permittee fails to comply with a notice issued in accordance with this section within
the time specified, the Administrator may issue an order requiring the owner, permittee,
person responsible for carrying out an approved plan, or the person conducting the landdisturbing activities without an approved plan or required permit to cease all landdisturbing activities until the violation of the permit has ceased, or an approved plan and
required permits are obtained, and specified corrective measures have been completed.
(3) Such orders shall be issued in accordance with the County's local enforcement
procedures, and shall become effective upon service on the person by certified mail,
return receipt requested, sent to his/her address specified in the land records of the
County, or by personal delivery by an agent of the County.
(4) However, if the Administrator finds that any such violation is grossly affecting or
presents an imminent and substantial danger of causing harmful erosion of lands or
sediment deposition in waters within the watersheds of the Commonwealth or otherwise
substantially impacting water quality, it may issue, without advance notice or hearing, an
emergency order directing such person to cease immediately all land-disturbing
activities on the site and shall provide an opportunity for a hearing, after reasonable
notice as to the time and place thereof, to such person, to affirm, modify, amend, or
cancel such emergency order.
(b) Where the Administrator determines that land-disturbing activities fail to comply with Part
IV of this Ordinance, notice of such violation shall be served upon the permittee or person
responsible for such land-disturbing activities by registered or certified mail to the address
specified in the permit application or in the plan certification, or by delivery at the site of
the land-disturbing activities to the agent or employee supervising such activities or to the
property owner. The notice shall specify the measures needed to comply with any issued
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land-disturbance approval, ESM Plan, or other applicable requirements of Part IV of this
Ordinance, and shall specify the time within which such measures shall be completed.
(1) Upon failure to comply with the time specified in a notice of violation, a stop work
order may be issued in accordance with subsection (2) of this subsection or the landdisturbance approval may be revoked.
(2) In conjunction with or subsequent to a notice of violation, the Administrator may 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 or, if land-disturbing
activities have commenced without an approved ESM Plan, requiring that all of the
land-disturbing activities be stopped until an approved plan or any required permits are
obtained.
(3) 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
Commonwealth, or where the land-disturbing activities have commenced without an
approved ESM Plan or any required permits, such an order may be issued whether or
not the alleged violator has been issued a notice of violation as specified in this
subsection (b).
(4) A stop work order issued for failure to comply with an approved ESM Plan shall be
served in the manner set forth in this subsection (b), and shall remain in effect for seven
(7) days from the date of service pending application by the County or the alleged
violator for appropriate relief to the circuit court of the jurisdiction wherein the violation
was alleged to have occurred or other appropriate court.
(5) A stop work order issued for land-disturbance without an approved ESM Plan or permits
shall be served upon the owner by registered or certified mail to the address specified in
the land records of the County and shall be posted on the site where the disturbance is
occurring. The order shall remain in effect until such time as permits and plan approvals
are secured, except in such situations where an agricultural exemption applies.
a. If the alleged violator has not obtained an approved ESM Plan or any required
permits within seven (7) days from the date of service of the order, the Department
of Community Development or the chief administrative officer or his/her designee
on behalf of the County may issue a subsequent order to the owner requiring that
all construction and other work on the site, other than corrective measures, be
stopped until an approved ESM Plan and any required permits have been obtained.

b. The subsequent order shall be served upon the owner by registered or certified mail
to the address specified in the permit application or the land records of the County in
which the site is located.
c. The owner may appeal the issuance of any order to the circuit court of the
jurisdiction wherein the violation was alleged to have occurred or other appropriate
court.

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d. Any person violating or failing, neglecting, or refusing to obey an order issued by
the Department of Community Development or the chief administrative officer or
his/her designee on behalf of the County may be compelled in a proceeding
instituted in the circuit court of the jurisdiction wherein the violation was alleged to
have occurred or other appropriate court to obey same and to comply therewith by
injunction, mandamus or other appropriate remedy.
e. Upon completion and approval of corrective action or obtaining an approved plan or
any required permits, the order shall immediately be lifted.
f.

Nothing in this section shall prevent the Department of Community Development,
the Board of Supervisors, or the chief administrative officer or his/her designee on
behalf of the County from taking any other action specified in Section 5-4 of this
Ordinance.

(c) If a person who has been issued an order is not complying with the terms thereof, the
Administrator may institute a proceeding for an injunction, mandamus, or other appropriate
remedy in accordance with Section 5-4.
Section 5-4. ENFORCEMENT
(a) Violations of Part II of this Ordinance
(1) For a land-disturbing activity that disturbs 2,500 square feet or more of land in an area
that is designated as a Chesapeake Bay Preservation Area, or that disturbs one acre or
more of land, or is part of a larger common plan of development or sale that disturbs one
acre or more of land anywhere else in the Commonwealth:
(i)

Any person who violates any applicable provision of the VESMA or of any
regulation, permit, or standard and specification adopted or approved by the Board
or DEQ, or who fails, neglects, or refuses to comply with any order of the Board or
DEQ, or a court, issued as herein provided, shall be subject to a civil penalty
pursuant to § 62.1-44.32. The court shall direct that any penalty be paid into the state
treasury and deposited by the State Treasurer into the Stormwater Local Assistance
Fund established pursuant to § 62.1-44.15:29.1.

(ii)

Any person who violates any applicable provision of the VESMA or of this
Ordinance, or any condition of a local land-disturbance approval, or who fails,
neglects, or refuses to comply with any order of the County or a court, issued as
herein provided, shall be subject to a civil penalty not to exceed $32,500 for each
violation within the discretion of the court. Each day of violation of each
requirement shall constitute a separate offense. Such civil penalties shall be paid into
the treasury of the locality in which the violation occurred and are to be used solely
for stormwater management capital projects, including (i) new stormwater best
management practices; (ii) stormwater best management practice maintenance,
inspection, or retrofitting; (iii) stream restoration; (iv) low-impact development
projects; (v) buffer restoration; (vi) pond retrofitting; and (vii) wetlands restoration.
Where the violator is the County itself, or its agent, the court shall direct the penalty
to be paid into the state treasury and deposited by the State Treasurer into the
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Stormwater Local Assistance Fund established pursuant to § 62.1-44.15:29.1.
(2) For a land-disturbing activity that disturbs an area measuring not less than 10,000 square
feet but less than one acre in an area that is not designated as a Chesapeake Bay
Preservation Area and is not part of a larger common plan of development or sale that
disturbs one acre or more of land:
(i)

Any person who violates any applicable provision of the VESMA or of any
regulation or order of the Board or DEQ issued pursuant to the VESMA, or any
condition of a land-disturbance approval issued by the Board or DEQ, or fails to
obtain a required land-disturbance approval, shall be subject to a civil penalty not to
exceed $5,000 for each violation with a limit of $50,000 within the discretion of the
court in a civil action initiated by the Board or DEQ. 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 that exceed a total of $50,000. The court shall direct the
penalty to be paid into the state treasury and deposited by the State Treasurer into
the Stormwater Local Assistance Fund established pursuant to § 62.1-44.15:29.1.

(ii)

Any person who violates any applicable provision of the VESMA or any ordinance
or order of the County issued pursuant to the VESMA, or any condition of a landdisturbance approval issued by the locality, or fails to obtain a required landdisturbance approval, shall be subject to a civil penalty not to exceed $5,000 for
each violation with a limit of $50,000 within the discretion of the court in a civil
action initiated by the County. 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 that
exceed a total of $50,000. Any civil penalties assessed by a court shall be paid into
the treasury of the locality wherein the land lies and used pursuant to Virginia Code
§ 62.1-44.15:48(A)(2), except that where the violator is the County itself, or its
agent, the court shall direct the penalty to be paid into the state treasury and
deposited by the State Treasurer into the Stormwater Local Assistance Fund
established pursuant to § 62.1-44.15:29.1.

(3) The County may apply to the appropriate court in any jurisdiction wherein the land lies to
enjoin a violation or a threatened violation of the provisions of a local ordinance or order or
the conditions of a Land-disturbance approval. Any person violating or failing, neglecting,
or refusing to obey any injunction, mandamus, or other remedy obtained pursuant to the
VESMA shall be subject, in the discretion of the court, to a civil penalty that shall be
assessed and used in accordance with subsections (a)(1) or (a)(2) of this Section 5-4.
(4) With the consent of any person who has violated or failed, neglected or refused to obey any
provision of Part II of this Ordinance, any condition of a Land-disturbance approval, or any
regulation or order of the County imposed pursuant to Part II of this Ordinance, the County
may provide, in an order issued against such person, for the payment of civil charges for
violations in specific sums, not to exceed the limits for civil penalties specified in
subsections (a)(1) or (a)(2) of this Section 5-4. Such civil charges shall be in lieu of any
appropriate civil penalty that could be imposed under the VESMA. Any civil charges
collected shall be paid to the treasury of the County in accordance with (a)(1)(ii) of this
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Section 5-4.
(5) Notwithstanding any other civil or equitable remedy provided by this subsection related
to Part II of this Ordinance, any person who willfully or negligently violates any
provision of the State Water Control Law, any regulation or order of the Board or DEQ,
any provision of this Ordinance, any order of the County, any condition of a permit, or
any order of a court shall be guilty of a misdemeanor punishable by confinement in jail
for not more than twelve (12) months and a fine of not less than
$2,500 nor more than $32,500, either or both.
(6) Any person who knowingly violates any provision of this Ordinance, any regulation or
order of the Virginia State Water Control Board or DEQ, or the County imposed
pursuant to Part II, any condition of a permit or any order of a court as herein provided,
or who knowingly makes any false statement in any form required to be submitted under
Part II or knowingly renders inaccurate any monitoring device or method required to be
maintained under Part II, shall be guilty of a felony punishable by a term of
imprisonment of not less than one (1) year nor more than three (3) years, or in the
discretion of the jury or the court trying the case without a jury, confinement in jail for
not more than twelve (12) months and a fine of not less than $5,000 nor more than
$50,000 for each violation. Any defendant that is not an individual shall, upon
conviction of a violation under this subsection, be sentenced to pay a fine of not less
than $10,000. Each day of violation of each requirement shall constitute a separate
offense.
(7) Any person who knowingly violates any provision of Part II of this Ordinance, and who
knows at that time that he thereby places another person in imminent danger of death or
serious bodily harm, shall, upon conviction, be guilty of a felony punishable by a term of
imprisonment of not less than two (2) years nor more than fifteen (15) years and a fine
of not more than $250,000, either or both. A defendant that is not an individual shall,
upon conviction of a violation under this subsection, be sentenced to pay a fine not
exceeding the greater of $1 million or an amount that is three times the economic
benefit realized by the defendant as a result of the offense. The maximum penalty shall
be doubled with respect to both fine and imprisonment for any subsequent conviction of
the same person under this subsection.

(b) Violations of Part IV of this Ordinance.
(1) The owner of any parcel of land subject to Part IV this Ordinance is responsible for
compliance with the provisions of this Ordinance as it may affect that parcel.
(2) Any person who fails to comply with Part IV of this Ordinance is subject to punishment
for a Class 2 misdemeanor.
(3) The County may exercise its police and zoning powers to protect the quality of State
waters consistent with the provisions of Part IV of this Ordinance.
(4) Any person who (i) violates any provision of Part IV of this Ordinance or (ii) violates or
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fails, neglects, or refuses to obey any final notice, order, rule, regulation, or variance or
permit condition issued by the County or Administrator pursuant to or pertaining to
implementation of Part IV of this Ordinance shall, upon such finding by an appropriate
circuit court, be assessed a civil penalty not to exceed $5,000 for each day of violation.
Such civil penalties may, at the discretion of the court assessing them, be directed to be
paid into the treasury of the County for the purpose of abating environmental damage to
or restoring Chesapeake Bay Preservation Areas within the County, in such a manner as
the court may direct by order.
(5) With the consent of any person who (i) violates any provision of this Ordinance related
to the protection of water quality in Chesapeake Bay Preservation Areas or
(ii) violates or fails, neglects, or refuses to obey any notice, order, rule, regulation, or
variance or permit condition issued by the County or the Administrator pursuant to or
pertaining to implementation of Part IV of this Ordinance, the County may issue an
order against such person for the one-time payment of civil charges for each violation in
specific sums, not to exceed $10,000 for each violation. Such civil charges shall be paid
into the treasury of the County for the purpose of abating environmental damage to or
restoring Chesapeake Bay Preservation Areas within the County. Civil charges shall be
in lieu of any appropriate civil penalty that could be imposed under this subsection (c),
provided that such civil charges may be in
addition to the cost of any restoration required or ordered by the Administrator.
PART VI.

APPEALS AND JUDICIAL REVIEW

Section 6-1. HEARINGS
(a) Any Applicant for a Land-disturbing approval or a Permittee under the provisions of Part II
of this Ordinance who is aggrieved by any action of the County or its agent taken without a
formal hearing, or by inaction of the County, may demand in writing a formal hearing by
the Board of Supervisors, provided a petition request such hearing is filed within thirty (30)
days from the date of decision for such action is made in writing and is sent by registered or
certified mail to, or posted at, the last known address or usual place of abode of the
Applicant or its registered agent.
(1) Any Applicant who seeks an appeal hearing before the Board of Supervisors shall be
heard at the next regularly scheduled Board of Supervisors public hearing, provided that
the Board of Supervisors and other involved parties have at least thirty (30) days’ prior
notice.
(2) In reviewing the County’s or the agent's actions, the Board of Supervisors shall consider
evidence and opinions presented by the aggrieved Applicant, the County and the agent.
After considering the evidence and opinions, the Board of Supervisors may affirm,
reverse or modify the action.
(3) A verbatim record of the proceedings of such hearings shall be taken and filed with the
Board of Supervisors. Depositions may be taken and read as in actions at law.
(4) The Board of Supervisors shall have power to issue subpoenas and subpoenas duces
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tecum, and at the request of any party shall issue such subpoenas. The failure of a
witness without legal excuse to appear or to testify or to produce documents shall be
acted upon by the local governing body, or its designated member, whose action may
include the procurement of an order of enforcement from the circuit court. Witnesses
who are subpoenaed shall receive the same fees and reimbursement for mileage as in
civil actions.
(b) Any Applicant who is aggrieved by an RPA or RMA boundary adjustment determination
made by the Director of Community Development pursuant to Section 4- 5 may appeal such
determination to the Board of Supervisors within thirty (30) days of the date of such
determination is made in writing and is sent by registered or certified mail to, or posted at,
the last known address or usual place of abode of the Applicant or its registered agent.
(1) Upon receiving notice of such appeal, the Director of Community Development shall
promptly transmit to the County Bay Board copies of the following for its review: the
Plan of Development application, any site-specific RPA or RMA boundary evaluation
and any WQIA, any County staff report or recommendations addressing the boundary
adjustment or WQIA, and the determination from which the appeal is being taken. The
County Bay Board shall consider this information and shall provide its written
recommendations, if any, to the Board of Supervisors concerning the merits of the
appeal or may appear as a party at the Board of Supervisors’ hearing on the appeal, or
both.
(2) Any Applicant who seeks an appeal hearing before the Board of Supervisors shall be
heard at the next regularly scheduled Board of Supervisors public hearing, provided that
the Board of Supervisors, County Bay Board and other involved parties have at
least thirty (30) days’ prior notice of such appeal hearing.
(3) In review of the Applicant’s appeal of the Director Community Development’s
determination, the Board of Supervisors shall consider the following evidence: (A) the
site-specific evaluation performed by the Applicant and any other information relied
upon by the Director of Community Development as to the location of the Water Bodies
with Perennial Flow and the adjustment of the RPA or RMA boundary; (B) any
additional evidence and opinions presented by or on behalf of the aggrieved Applicant;
and (C) any recommendations provided by the County Bay Board. After considering the
evidence and opinions, the Board of Supervisors may affirm, reverse or modify the
determination of the Director of Community Development and, as appropriate, remand
the determination for further action consistent with the decision of the Board of
Supervisors.
(4) Any appeal taken from the Director of Community Development’s determination of
RPA or RMA boundary line adjustment may be heard by the Board of Supervisors at
the same time any other appeal of the Plan of Development or any component thereof as
provided in subsection (c) below.
(c) Except as otherwise provided in subsection (b) above, in the event the final Plan of
Development or any component of the Plan of Development required in Part IV is
disapproved or recommended conditions or modifications are unacceptable to the
Applicant, the Applicant may appeal such administrative decision to the Board of
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Supervisors within thirty (30) days of the date of such determination is made in writing and
is sent by registered or certified mail to, or posted at, the last known address or usual place
of abode of the Applicant or its registered agent. To rule for the Applicant, the Board of
Supervisors must find such Plan of Development to be in accordance with all applicable
ordinances and include necessary elements to mitigate any detrimental impact on water
quality and upon adjacent property and the surrounding area, or such Plan of Development
meets the purpose and intent of the performance standards. If the Board of Supervisors
finds that the Applicant's Plan of Development does not meet the above stated criteria, it
shall deny approval of the Plan of Development in writing.
(d) Any appeal as provided in this Section 6-1 shall stay all proceedings in furtherance of the
action appealed from unless the Administrator or Director of Community Development, as
applicable, certifies to the Board of Supervisors that, by reason of facts stated in the
certificate, a stay would in his opinion cause imminent peril to life or property, in which
case proceedings shall not be stayed otherwise than by a restraining order granted by the
Board of Supervisors or by a court of record, on application and on notice to the
Administrator or Director of Community Development, as applicable, and for good cause
shown.
Section 6-2. JUDICIAL REVIEW
(a) Following any available proceedings as provided in Section 6-1 of this Ordinance, any
Applicant seeking a Land-disturbance approval, or any other party engaging in landdisturbing activities, who is aggrieved by a final decision or action of the County in
connection with (1) the issuance, denial or modification of a Land-disturbance approval
pursuant to Part II of this Ordinance, or (2) any alleged noncompliance by such party with a
Land-disturbance approval or requirement of Part II of this Ordinance brought pursuant to
Part V of this Ordinance, shall be entitled to judicial review of such final decision or action.
An appeal shall be filed by the aggrieved party within thirty (30) days from the date the
final decision or action is rendered in writing.
(b) Following any available proceedings as provided in Section 6-1 of this Ordinance, all final
decisions by the County adversely affecting the rights, duties or privileges of a person
subject to the provisions of Part II, Part IV, or Part V shall be subject to judicial review. An
appeal shall be filed by the aggrieved person within thirty (30) days from the date the final
decision or action is rendered in writing.
PART VII.

FEES AND PERFORMANCE BONDS

Section 7-1. FEES
(a) Fees to cover costs associated with implementation of a VESMP related to land-disturbing
activities and issuance of general permit coverage and VESMP authority permits shall be
imposed in accordance with Table 1. Fees for coverage under the General Permit and fees
for Chesapeake Bay Preservation Act Land-Disturbing Activities shall be imposed by the
County in accordance with Table 1 of the County's ESM Fee Schedule. Sites purchased for
development within a previously permitted common plan of development or sale shall be
subject to fees in accordance with the disturbed acreage of the site or sites according to
Table 1.
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(b) Fees for the modification or transfer of registration statements from the general permit
issued by the Department shall be imposed in accordance with Table 2 of the County's ESM
Fee Schedule. If the general permit modifications result in changes to stormwater
management plans that require additional review by County, such reviews shall be subject
to the fees set out in Table 2. The fee assessed shall be based on the total disturbed acreage
of the site, in accordance with Table 2. In addition to the general permit modification fee,
modifications resulting in an increase in total disturbed acreage shall pay the difference in
the initial permit fee paid and the permit fee that would have applied for the total disturbed
acreage in Table 1.
(c) Fees for annual permit maintenance shall be imposed in accordance with Table 3 of the
County's ESM Fee Schedule, including fees imposed on expired permits that have been
administratively continued. The maintenance fees shall apply until the permit coverage is
terminated.
a. General Permit coverage maintenance fees shall be paid annually to the County by
the anniversary date of General Permit coverage. No permit will be reissued or
automatically continued without payment of the required fee. General Permit
coverage maintenance fees shall be applied until a Notice of Termination is
effective.
(d) The fees set forth in Subsections A through C of this section, shall apply to: (1) all persons
seeking coverage under the general permit; (2) all permittees who request modifications to
or transfers of their existing registration statement for coverage under a general permit; and
(3) persons whose coverage under the general permit has been revoked shall apply to the
department for an Individual Permit for Discharges of Stormwater From Construction
Activities.
(e) Where fees and bonding are required of the Applicant pursuant to Part II of this Ordinance,
all applicable fees and all bond amounts may be consolidated and paid or posted at the same
time. Any consolidated bond must separately identify the amount posted for each of the
activities bonded.
(f) No permit application fees will be assessed to:
a. Permittees who request minor modifications to permits, however any such permit
modification that results in any change to stormwater management plans that require
additional review by the Administrator shall not be exempt pursuant to this section.
b. Permittees whose permits are modified or amended at the request of the DEQ, excluding
errors in the registration statement identified by the Administrator or errors related to the
acreage of the site.
(g) Fees for review of an ESM Plan shall be imposed in accordance with Fee Schedule, Table 4.
(h) All incomplete payments will be deemed as nonpayments, and the Applicant shall be
notified of any incomplete payments. Interest may be charged for late payments at the
underpayment rate set forth in Va. Code § 58.1-15 and is calculated on a monthly basis at
the applicable periodic rate. A ten percent (10%) late payment fee shall be charged to any
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delinquent (over ninety (90) days past due) account. The County shall be entitled to all
remedies available under the Code of Virginia in collecting any past due amount.
(i) The ESM Fee Schedule shall be adopted by the Board of Supervisors by Resolution, and
may be amended by the Board of Supervisors, from time to time, in the same manner,
provided that the amount of fees charged shall conform to state law requirements.
Section 7-2. PERFORMANCE BONDS
(a) Prior to issuance of any permit, the Applicant may be required to submit a reasonable
performance bond with surety, cash escrow, letter of credit, any combination thereof, or
such other legal arrangement acceptable to the County Attorney, to ensure that measures
could be taken by County at the Applicant's expense should he fail, after proper notice,
within the time specified to initiate or maintain appropriate actions which may be required
of him/her by the permit conditions as a result of his/her land-disturbing activity. If County
takes such action upon such failure by the Applicant, the County may collect from the
Applicant for the difference should the amount of the reasonable cost of such action exceed
the amount of the security held, if any. Within sixty (60) days of the completion of the
requirements of the permit conditions, 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.
(b) Where fees and bonding are required of the Applicant pursuant to Part II of this Ordinance,
all applicable fees and all bond amounts may be consolidated and paid or posted at the same
time. Any consolidated bond must separately identify the amount posted for each of the
activities bonded.
(c) All Applicants for Land-disturbance approvals pursuant to this Ordinance and all persons
otherwise conducting encroachments into the RPA subject to regulation pursuant to Part IV
of this Ordinance shall provide a performance bond with surety, cash escrow, or an
irrevocable letter of credit (or any combination thereof, from a Virginia lending institution
acceptable to the Zoning Administrator and the County Attorney, to ensure that measures
could be taken by the County at the Applicant's expense should the Applicant fail, after
proper notice, within the time specified to initiate or maintain appropriate stabilization,
conservation, mitigation and corrective measures required of him/her by the approved ESM
Plan or by Part IV as a result of his/her land-disturbing activity or encroachment into the
RPA, as applicable.
(1) The amount of the bond or other security for performance shall not exceed the total of
the estimated cost to initiate and maintain required stabilization, conservation,
mitigation and corrective actions, as applicable, based on unit price for new public or
private sector construction in the County and a reasonable allowance for estimated
administrative costs and inflation which shall not exceed twenty-five percent (25%) of
the cost of the conservation or mitigation actions. Should it be necessary for the County
to take such stabilization, conservation, mitigation, or corrective actions, or some
combination thereof, the County may collect from the Applicant any costs in excess of
the amount of the surety held.
(2) Within sixty (60) days of adequate site stabilization, conservation, mitigation, or
corrective measures having been achieved, as determined by a certified inspector in any
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project or section of a project, such bond, cash escrow or letter of credit, or the
unexpended or unobligated portion thereof, shall be either refunded to the Applicant or
terminated, based upon the percentage of stabilization, conservation, mitigation, or
corrective measures accomplished in or for the project or project section.
(d) Certified checks shall be made payable to the Charles City County Treasurer.
PART VIII. MISCELLANEOUS
Section 8-1. SEVERABILITY
If any court of competent jurisdiction invalidates any provision of this Ordinance, the remaining
provisions shall not be affected and shall continue in full force and effect.

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Charles City
County

Agenda Item
Request Form

4/7/2026
Date Received

PLEASE COMPLETE
Name

Jesse Bausch

Department

County Attorney

Purpose

Combined Water Protection Ordinance to conform with
State law requirements

Background of
agenda item

The proposed redline amendments update the County’s Combined
Water Protection Ordinance to align with the Virginia Erosion and
Stormwater Management Act (VESMA) and its consolidated
regulations (9VAC25-875).
Key changes include combining the former VSMP and VESCP into
a single Virginia Erosion and Stormwater Management Program
(VESMP), replacing separate permits with a unified landdisturbance approval, and consolidating plan requirements into a
single ESM plan.
Permitting, timelines, enforcement, and inspection provisions have
also been revised to ensure compliance with VESMA.

Fiscal Impact

None – review and permitting still handled through
Community Development

AGENDA REQUEST SUBMISSION

Signature

Date
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April 7, 2026

MEETING DATE: APRIL 28, 2026
ITEM VIII. PUBLIC COMMENT PERIOD (Page 97)
Those who have signed up to speak during the public comment period, commenting as an
individual, will have three minutes; as a group, they will have five minutes. Please identify
if you are speaking as a group in the beginning, and identify your group. Time will
automatically be set at three minutes if not given.
Please approach the podium when called, state your name, and any relevant facts or
materials. Written comments and documents may be submitted to the Clerk of the Board
for the record. No speaking out of turn or from your seat will be allowed to preserve
decorum. Respectful language is required. ***Board members will not engage in dialogue
during public comments, but may refer issues to staff.***
Notes:

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MEETING DATE: APRIL 28, 2026 ITEM
IX. REPORTS (Page 98)

a.) County Administrator Update (Pages 98-99)

Notes:

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County
Administrator’s
Report

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Development Updates
• Point One

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Financial Operations
• March Budget v. Actual Report
• Treasurer’s Report

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MEETING DATE: APRIL 28, 2026
ITEM.X. BOARD COMMENTS (Page 99)
Chairman: Mr. Byron Adkins, Sr.:

Vice-Chairman: Mr. Ryan Patterson:

Supervisor: Mr. Michael Hill:

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