On the agenda: Gate City Board of Supervisors Meeting — data center (Nov 4)

Scott County Board of Supervisors
Regular Meeting
190 Beech Street Suite 201 Gate City, VA 24251
www.scottcountyva.gov
Wednesday, November 4, 2026 at 9:00 AM
1.

Call to Order: Vice-Chairman L. Michele Glover

2.

Invocation and Pledge of Allegiance: L. Michele Glover

3.

Roll Call of Members/Establishment of a Quorum
District 1, Darrel Jeter
District 2, Michele Glover
District 3, Eddie Skeen
District 4, Michael Brickey
District 5, Danny Casteel
District 6, Chris Maness
At-Large, Stefanie Addington

4.

Approval of Agenda

5.

Approval of Minutes
a.

October 7, 2026

b.

October 21, 2026

6.

Citizen Expression

7.

Unfinished Business

8.

a.

Cove Creek

b.

Mountain Top Restitution

c.

Reassessment

d.

Big H Lease Renewal

e.

Legislative Reception

f.

Bridge Naming Updates

New Business

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9.

a.

Twice per year tax collection

b.

Park and Golf Course Fees Increase

c.

Animal Friendly License Plate Funds

d.

Thanksgiving Holiday

Bookkeeping Items

10. Appointments
a.

Community Policy Management Team - unexpired term (Child Serving Private
Agency)

11. County Attorney's Report: Sally Kegley
12. County Administrator's Report: Josh Wilson
a.

Claims

b.

Miscellaneous

13. County Department Report:
a.

Tourism - Brittany Robertson

b.

Economic Development Authority - John Kilgore

14. Board of Supervisors Comments, Requests and Recommendations
15. Closed Session
1 - Personnel being County Administrator
3 - Real Estate being Duffield and Gate City
a.

Enter Closed Session Pursuant to Virginia Code Section 2.2-3711A
1-Personnel
3-Real Estate
5-Prospective Industry
6-Competitive Investments
7-Legal Counsel

b.

Certify Closed Session

16. Take Any Necessary Action from Closed Session
17. Adjourn meeting to December 2, 2026
18. Miscellaneous Information

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SCOTT
VIRGINIA
At a meeting of the Scott County Board of Supervisors begun and held in the Supervisors’ meeting room
located at the Community Services Building in Gate City, Virginia on Wednesday the 7th day of October 2026 at
9:00 a.m.
PRESENT:

Darrel W. Jeter
L. Michele Glover – Vice-Chairman
Eddie N. Skeen
Michael K. Brickey
Danny M. Casteel
Christopher S. Maness – Chairman
Stefanie C. Addington.

ABSENT:

None.

Chairman Chris Maness called the meeting to order.

Supervisor Darrel Jeter gave the invocation and led the Pledge of Allegiance.

On a motion by Darrel W. Jeter, duly seconded by Danny M. Casteel, this Board hereby amends the agenda
with moving the Davenport presentation to unfinished business.
Voting aye:

Darrel W. Jeter, L. Michele Glover, Eddie N. Skeen, Michael K. Brickey,
Danny M. Casteel, Christopher S. Maness, and Stefanie C. Addington.

Voting nay:

None.

On a motion by L. Michele Glover, duly seconded by Stefanie C. Addington, this Board hereby approves
the September 2, 2026 minutes.

Voting aye:

Darrel W. Jeter, L. Michele Glover, Eddie N. Skeen, Michael K. Brickey,
Danny M. Casteel, Christopher S. Maness, and Stefanie C. Addington.

Voting nay:

None.

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Chairman Maness opened Citizen Expression Period to receive public comments.

Former Park Director James Skip Sheets from Weber City spoke in support of the Scott County Park and
Golf Course. He asked the Board to consider all the amenities at the golf course and pointed out that newborns to
age 100 have been at that park. Mr. Sheets specified that schools use the park for cross-country, tennis, golf, and he
pointed out the picnic shelters. He spoke about the park being used for different things that add to the quality of life.
Mr. Sheets pointed out Chance Taylor and Mac McClung who participated in recreation at the park. He went on to
say that it is a place where the community comes together, and noted celebrations, weddings, funerals, and reunions
that people have gathered for at that park. Mr. Sheets pointed out that the Park and Golf Course Director Derrick
France must work nights and weekends since he does not have an assistant, and he does not know how Mr. France
gets all the work done. Mr. Sheets pointed out that the Park and Golf Course budget is less than .38 percent of the
county budget.

Wally Pat Ford from Weber City spoke in support of the Scott County Park and Golf Course. He pointed
out that the pool and club house were built in 1965. He spoke about the employees who work at the park staying on
a mower from 9:00 a.m. to 3:00 p.m. every day from early spring until winter, and they are unappreciated. Mr. Ford
noted that people who play golf want a golf course that is in good shape. He went on to say that our schools use the
golf course, and Mr. Ford noted that he has assisted with high school golf teams and knows how important it is to
have the Scott County Park and Golf Course to practice and play tournaments. He stated the importance for kids to
have a home course and pointed out those who have won state championships. Mr. Ford recognized Chance Taylor
and Carter Wolfe and thanked the Board of Supervisors for their service.

Peggy Tyus from Snowflake spoke about dirt roads in Scott County. She expressed appreciation to the
Virginia Department of Transportation, pointed out that they need funding, but Terry Kilgore let us down with
funding. She noted that Wise and Lee counties received grants, but Scott County did not receive any. Ms. Tyus
stated that she would like to see something done at the Riverside property. She mentioned that trash dumpsters are a
big help in the county. She mentioned that people would like to see something other than the Six Year Plan along
with moving funds from primary roads to secondary roads.

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Bob Tyus from Snowflake Road spoke about sending a letter to Terry Kilgore requesting that he attend the
Board of Supervisors meetings. Mr. Tyus stated that Hayley Allison responded that Delegate Kilgore was unable to
attend in October but maybe could attend the November meeting. He spoke about Route 671, no funding, and close
to 300 miles of unpaved roads. Mr. Tyus stated that he looks forward to Mr. Kilgore attending the meeting in
November.

Danny Kestner from East Carters Valley addressed the Board of Supervisors. He pointed out that it is good
to see Supervisor Eddie Skeen back. Mr. Kestner stated that he has been coming to these meetings or watching the
replay of people coming to these meetings and voicing their problems and concerns. He went on to say that all they
get are excuses and why things don’t change. Mr. Kestner noted that dirt roads, EDA, Riverside, golf course,
Animal Control, Litter Control, and trash are complaints we hear each month. Mr. Kestner inquired about the
number of times Mr. Wilson has emailed Terry Kilgore to attend the meetings. He went on to ask Mr. Wilson if he
had solved any problems or caused more. At the last meeting, Mr. Kestner pointed out that Mr. Wilson stated no
one runs the golf course as efficiently as we do. Mr. Kestner stated that people are here in support of the golf course
today, and he is not against it, but he is against losing money on it. Mr. Kestner pointed out the golf course budget
is $329,000. Mr. Kestner reported that the golf course put $123,300 back into the county according to Bart Shelton.
Mr. Kestner pointed out money received for concessions $10,500, merchandise for resale $28,000, and let’s say
room rental is $5,000. That is $43,500 and should be in the county deposit. Mr. Kestner noted that $123,300 with
$43,500 taken off, is an estimated $79,800. Mr. Kestner questioned if that is all that was made from the green fees.
Mr. Kestner hopes that he can be proved wrong. Mr. Kestner stated that there were three calls with no response.
One was on a Saturday about dogs killing cats, dog chasing cats, dog chewing on car bumper and denting fender.
He went on to say all we got is excuses. It is time for changes in these departments. Mr. Kestner talked about
removing Jennifer Pike only for Josh Wilson to put his name on it. Then to correct the mistake and put her back on
the board. Mr. Kestner stated what a mess the citizens have to put up with each month. He stated that November
2027 cannot come soon enough. Mr. Kestner inquired why Mr. Wilson made the mistake of taking Ms. Pike off that
Board. Mr. Kestner stated that the wardens were allowed to drive their vehicles home on weekends and at nights to
respond to emergency or after-hour calls. Mr. Kestner pointed out that Saturday is an after-hour call. He went on to
say that the location where the wardens live is not the issue. It is the lack of leadership, responsibility, and waste of
taxpayer money for the truck and gas. He suggested parking the truck at the office and using a phone call rotation.
Mr. Kestner noted that Bill Dingus reported that the wardens could be at the state line in a matter of minutes so how
fast would you have to travel to go five miles in five minutes. He asked this Board to hold department heads and the
County Administrator responsible for complaints and make some changes. Mr. Kestner stated that he would like
some answers, but he knows most of the board will not speak. Mr. Kestner stated that the time is now, and
taxpayers deserve better. Excuses have gone on too long. He questioned why the PSA tells fire department
members that they don’t repair fire hydrants. He went on to say what a problem that would create if the fire
department could not get enough water. As always, two members of this board stand up for the taxpayers. Mr.

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Kestner thanked Eddie Skeen and Danny Casteel and asked where the rest stood. Mr. Kestner presented a list of
questions to the Board (Said questions attached to the minutes of this meeting; Minute Book 36 Attachment No: 1).

Gary Baker from Boozy Creek inquired about a response from the letter sent by the County Administrator
to the CDC.
The County Administrator replied that he has not received a response.

Mr. Baker expressed appreciation to Eddie Skeen for getting Wilma Blessing’s road fixed, and he thanked
the Virginia Department of Transportation for mowing. Mr. Baker recalled that 2.3 billion dollars was taken away
from the Virginia Department of Transportation by Governor Kaine, and he suggested that be restored. He
suggested that the County Administrator reimburse Jennifer Pike. Mr. Baker stated that cuts will have to be made to
the budget next year, and he suggested cutting department heads and positions where there are two. He went on to
say that two inspectors are not needed. He requested that the Board make cuts before raising taxes. He questioned
why money is being wasted and pointed out that David Redwine did a good job when he was on the Board. If you
are losing money on the golf course, it needs to break even. If the golf course loses $200,000 per year, that is
$1,000,000 in five years and that would pay for fire trucks.

Bobbie Powers from Dungannon addressed the Board stating that transparency should be at the heart of
every community matter. Instead, all we get from this leadership is lies and hidden agendas. She questioned where
Josh Wilson got his law degree because he lied about Jennifer Pike claiming that someone from another Board gave
him that information. She went on to say that he avoids disbarment only because he has not passed the bar and
crossed the line no public servant should ever cross. Ms. Powers spoke about Terry Kilgore and pointed out that a
Virginia Delegate makes under $20,000 per year and barely practices law. She questioned how a man could be a
multi-millionaire on that salary. Ms. Powers went on to say that we know part of the answer. In 2013, he signed a
$1,200,000 contract with a sanctioned Chinese company to get federal sanctions lifted so that they could buy
American land. That company was sanctioned for selling chemicals to Iran. Having sanctions lifted so a foreign
country can buy American soil is lower than a snake’s belly. If he did it once, how many times has he done it since
or before then. Right here in this county, Ms. Powers stated that pioneers bled and died to defend this valley. If a
leader back then took foreign money to open land to adversaries, our ancestors would not have debated it. They
would have called it like it is. Terry accepted a million-dollar payout to open our soil to foreign control. Ms.
Powers went on to say that Mr. Kilgore is no better than the criminals he represents, and she stated that she will
never support him or vote for him again. Ms. Powers reported that Tyler Starnes is being trained directly under
Terry Kilgore and groomed to deliver that same lack of transparency while lining someone else’s pockets. All three
of these men benefit from the power and connections gained on the backs of this community. She questioned how
Scott County benefited from them. Not one of them has raised a finger to demand an investigation into the alarming
rates of cancer in our community. While local families fight for their children’s lives and beg for help, these men sit

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on their hands. Scott County is tired of self-serving politicians, fake accusations, and secret deals. She went on to
say that transparency is the bedrock to trust. Ms. Powers stated that we deserve accountability, and we are done
waiting for it.

Veronica Presley Kopychenko from Weber City spoke in support of the Scott County Park and Golf
Course. She pointed out that she is a teacher and coach at Twin Springs High School and is here to tell the Board
how Scott County Park has shaped her life. She recalled her papaw Kermit Rhoton buying her first golf clubs when
she was seven years old, taking her to Scott County Park, and teaching her how to play golf. Looking back, she
could never have known how that would shape her life. She pointed out that Scott County Park had a clinic to teach
kids how to play golf, and her papaw taught a handful of girls. That same clinic is still being offered every summer,
and her son is starting this summer and so excited to learn how to play with the golf clubs her papaw bought for her.
In high school, Veronica stated that she started playing golf, and as she learned and grew, she was making her
papaw proud. She stuck with it through high school, putting in as much time as she could. Senior year, Veronica
stated that she told her coach that she needed a golf scholarship, he replied that was on her, and she said okay. Ms.
Kopychenko stated that she put in time and effort and made it to regional qualifiers for state and placed third. She
went on to say that her family watched her play and was approached by a UVA Wise Coach that wanted her on the
team. Ms. Kopychenko stated that she applied to UVA Wise, was accepted, and promised a spot on the UVA Wise
Golf Team. Ms. Kopychenko pointed out that she was the first girl from Gate City High School to play golf in
college, and her team at UVA Wise won their first female golf tournament. Soon after graduating, she was offered a
coaching position at Twin Springs High School. She went on to say that she had just finished her tenth season
coaching. Ms. Kopychenko talked about having five girls on the golf team and that is a record. She spoke about a
recent tournament that she took the golf team to in Luray. Nine out of ten years, she has had at least one advance to
regionals which is fantastic for Twin Springs. Without Scott County Park, she stated that none of her life would be
how it is today, and none of her athletes at Twin Springs would have those opportunities. She pointed out that many
in this county like to complain that there is nothing for the youth to do. Ms. Kopychenko noted that she had ten kids
playing golf and more wanted to play in middle school; however, she did not have time to do both. She went on to
say that she can go to Scott County Park and see kids that she coached ten years ago, ones that just graduated, and
ones that are not happy the season is over. She went on to say that this is a sport they can play for the rest of their
lives. To deny them access to this game is heartless. Ms. Kopychenko stated that she would never have the life that
she is so grateful for without Scott County Park, and she hopes that Scott County Park is always there so she can
remember the times that she played with her papaw.

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Dr. David Redwine from the Snowflake community addressed the board about the Scott County Park and
Golf Course from a former member of the Board of Supervisors’ perspective. In the past, Dr. Redwine stated that he
has been in many discussions and meetings about the Scott County Park and Golf Course. It is a favorite whipping
post of many in the county by both supervisors and citizens, who do not take advantage of or use the park. Dr.
Redwine stated that he has been to the park many times as a supervisor to see what is going on at the park. He went
on to say that the park was funded in 1965 by a recreation grant with specific guidelines on what it can be used for.
There have been discussions about closing the park or changing it and using it for other purposes. If you do that,
there are two options and that is find 300 acres somewhere in this county and turn it into some type of recreational
facility or fall into default with a federal grant that must be paid back. Financially, historically, that park has done
extremely well. Through his years as a Supervisor, Dr. Redwine stated that it was barely profitable or barely in the
red. He went on to say that it makes a very small dent in the budget. The people there do physical work when it is
95 degrees so that the citizens can enjoy that park. It is not just about the golf course. There are many things that
you can take advantage of, including the meeting room and walking trails. People who move here want those kinds
of things. At your house, Dr. Redwine pointed out that you do not need landscaping to live there or mow your yard
every week to survive, but you do it to make a better place to live. It is an accessory, and the county park is an
accessory. Dr. Redwine stated that he thinks Derrick will give some number later that will differ to what you have
heard. That park is necessary to improve our quality of life and does not drain the budget, and there are many other
places to look. For what is put into that, you get more than you think.

Kevin Cox from Red Hill spoke in favor of Scott County Park and Golf Course. He stated that he is not a
very good golfer. He stated that he has lived in other places, and there is something people have here that other
places do not, and that is a connection with our land and God’s beauty. He went on to say that we are not rich here
in Scott County and not everyone has big farms, but Scott County Park is the one location that is open to everyone to
go and experience the beauty of our county. He spoke about the park being a tremendous resource. Mr. Cox
pointed out that he plays golf at Scott County Park and Golf Course, walks the trails, and has lunch with his friends
at one of the shelters. Scott County Park is a tiny portion of the budget and makes no sense to be on the chopping
block. He went on to say that it was special to him and would like to find more ways for people to use the park. He
thanked the Board for their service.

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Brevan Spivey from the West end of Gate City spoke in support of the Scott County Park and Golf Course.
Mr. Spivey stated that he is 22 years old and has played golf since he was seven. He pointed out that the park is
open almost year-round; therefore, he can play golf when it is colder or when it is 95 degrees. He pointed out that
the golf course essentially raised him. Mr. Spivey stated that playing golf is all his friends want to do now. Mr.
Spivey stated that he participated in the youth program at the park. Mr. Spivey stated that his high school golf team
won the regional championship. Last year, Carter Wolfe won the State championship and Chance Taylor won
$100,000 from a PGA player and contributed his success to the Scott County Park and Golf Course. He went on to
say that the golf course gives a competitive advantage and pointed out that the place is priceless. Mr. Spivey noted
that he has had multiple birthday parties at the park and has seen many reunions. He noted the picnic area and
wildlife that can be enjoyed while at the park. With kids being consumed by tech, Mr. Spivey pointed out that the
Scott County Park and Golf Course is a place for families to be outside, put the phone down, and not worry about
anything. If it gives people a place to enjoy, live and be happy, it is worth everything in your pocket.

Justin Reed from Nickelsville spoke in favor of the Scott County Park and Golf Course. He stated that he
is a graduate from the University of Virginia at Wise and is currently pursuing a doctorate in Physical Therapy.
While at UVA Wise, Mr. Reed stated that he played baseball. Once it is over, it is over. Mr. Reed stated the park
became his second home and helped him get through some dark times, especially after losing baseball. Mr. Reed
stated that he plays golf with his grandad who is 77, and he also plays with his dad. That is a whole walk of life
itself. That place is truly a gift to everyone. Mr. Reed pointed out that everyone is super nice at the park, Derrick
does a great job, and the employees keep it in country club shape. He went on to say that his friends from Wise
County like to come back and want to play golf at Scott County Park and Golf Course, and they say this is your
playground. It blows their minds about what good shape the golf course is, and the views blow their minds. Mr.
Reed stated that he is working on a doctorate in physical therapy, and the one thing we talk about is quality of life.
He recognized people in their 90’s playing golf at Scott County Park that move better than he does. Mr. Reed stated
that he truly believes it is because they play golf every day, and that helps their quality of life. He pointed out that it
is a trek to walk that golf course, and there are 90-year-old people walking that course. He stated that golf courses
extended their lives. Mr. Reed stated that he is taught in school that the aging adult begins at 65. Some of the
people playing up there say there is no aging adult. That is their daily routine and activity. Mr. Reed stated that the
park is truly a gift and there are people who come from other locations to play there. Social media is a big thing,
and there are millions of views on Chance Taylor’s videos. He gave a big shout out to those who work at the golf
course. He has seen times when the golf course is full, tennis courts are full, and the walking trail is filled with
people along with the picnic area and meeting room.

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Kevin Barnett from Gate City spoke in support of the Scott County Park and Golf Course, and he recalled
going to the swimming pool when he was a child. He went on to say that park is a great community resource for
families. Mr. Barnett stated that he is a member of the Rotary Club that meets at the park, and other organizations
meet there as well. He suggested that the community come together to form a group to help keep the funding going.
Mr. Barnett went on to say that he understands that funding is an issue and schools participate. He suggested
reaching out to the community to see if they would like to contribute. The park is an important resource, and he
would hate to see that go away. Quality of life is something he heard spoken about today, and Mr. Barnett
recognized that is important. There is not a lot to keep people here, and there is more than just financing involved.

Johnny Berry from Fairview spoke about the children who live on Bunker Road not having a bus to ride to
school. He went on to say that no one should be driving a bus if they cannot turn it around. In addition, he spoke
about no fire hydrant on Dry Creek, and he does not want anyone to get hurt due to having no water. Mr. Berry
questioned if the Board is going to get a bus on Bunker Road.
Chairman Maness replied that is a School Board issue, and we will pass that along to them.

Becky Coleman from Wadlow Gap stated that she attended a meeting of the Planning Commission a few
weeks ago and the subject was zoning for data centers, and there were thirty to forty people in attendance. She
noted that it was a plan to protect the county. The people who spoke had serious concerns about data centers, and
she pointed out that data centers are very complex. Counties are beginning to recognize that and are beginning to
place moratorium on development of data centers because they want to understand. The commissioners listened and
government worked the way it is supposed to. It was a privilege to be there and see them listen. Instead of doing
something that they did not understand, the commissioners listened and pushed the pause button. She stated the
thing to do is put a moratorium until you understand what you are doing.

Howard Gardner spoke in support of the Scott County Park and Golf Course. Mr. Gardner pointed out that
he was the Park and Golf Course Director for twelve years and went through this same thing in the 1990’s. He went
on to say that there was a petition to keep the park open that included 1,000 signatures to make sure the golf course
did not leave here. During that time, lots of memberships were lost. He noted that the school golf teams use the
park. He talked about the irrigation system the park employees put in at the park. Mr. Gardner inquired if anyone
had read the deed and asked the County Attorney if she had.
County Attorney Sally Kegley replied that it must stay as a public recreation area, or you have to replace it.

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Mr. Gardner added that it has to be open and maintained in a proper manner at all times. The place at the
river bridge looks like a wilderness, and you cannot get a bus to the other place. If they want to fight the golf
course, Mr. Gardner stated that there is a bunch of us that will fight back.

Hearing no further comments, Chairman Maness closed Citizen Expression Period.

Chairman Maness noted that he has permission from a landowner for a bus turnaround and directed the
County Administrator to get that to the school system.

Eddie Skeen pointed out a list of questions pertaining to the golf course that was presented by Mr. Kestner
and questioned how to handle those.
Chairman Maness suggested during the Scott County Park and Golf Course Director’s presentation.

Supervisor Skeen pointed out the Bluefield Golf Course, and it being at the breakeven point. They have
offered to assist Scott County through their Golf Course Manager. Supervisor Skeen stated that they have offered at
no cost to review the Scott County Golf Course and advise properly.
Chairman Maness questioned if there is something the golf course is doing improperly.
Supervisor Skeen replied that they are not making any money.
Chairman Maness questioned if that is a nine-hole golf course.
Mr. Skeen replied that it is an 18-hole golf course. This is a professional organization that has turned their
golf course around.
Chairman Maness stated that would be better discussed with the Park and Golf Course Director’s report
later in the meeting.

Supervisor Skeen referred to Ms. Tyus bringing up grants during Citizen Expression Period and asked the
County Administrator to comment on that.

The County Administrator replied that he is not aware of what Lee and Wise counties received.

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Supervisor Eddie Skeen pointed out concerns of animals running through a neighborhood and causing
damage. The call was made on Tuesday to the Animal Control Officer, and it was their understanding that he would
be there later that day. He went on to say that the ladies stayed at home to meet with the Animal Control Officer,
and one of them took one of the animals into her property and held for the day. The Animal Control Officer did not
make it there, and there was no phone call. On Saturday, a dog attacked one of the ladies’ cars trying to get to a cat,
and she called E911. There was no response. Supervisor Skeen stated that he called Josh Wilson on Sunday, and he
did a follow-up. The Animal Control Officer went out on the following Tuesday to address it. This is recurring and
has been for several years. It is an issue that needs to be addressed.
County Administrator Josh Wilson replied that the first he knew about the situation was Sunday. Mr.
Wilson stated that he spoke with the Animal Control Officer on Monday, and he went out there. There were two
dogs running around. He was able to catch one of the dogs. It was adopted. The other one is on the loose, but no
one has seen it, and the Animal Control Officer keeps checking on it. Hopefully, the situation is under control.
Supervisor Eddie Skeen stated that this is a recurring situation, and he asked the County Administrator if
the citizens are getting the service that they deserve when they call in, waiting on people to show up, and don’t call
back.
County Administrator Josh Wilson replied that there is a huge service that the Animal Control and Litter
Control Officers do.
Supervisor Skeen questioned whether that is being met.
Mr. Wilson replied that there are just two people. He pointed out if a person calls, it is personal to them
and of the upmost importance. It’s the upmost importance to us and Animal Control, but there is just one person and
one back-up that has other job duties. There are calls all over the county. Mr. Wilson agreed that calls are not
responded to according to what individual callers would consider a timely manner sometimes, but that is a workload
issue. Mr. Wilson stated that if he had a complaint about a dog and waited a week, he would be a little upset to wait
a week, but he knows behind the scenes that it could happen with the workload.
Chairman Maness questioned the staff that would be needed to cover the entire county in an hour or less.
Mr. Wilson replied that would take the whole sheriff’s office he would imagine.
Chairman Maness questioned three Animal Control Officers being enough.
Mr. Wilson replied that would cut down on the time issue.
Chairman Maness stated that would be a better question during budget time, and we should look at that. To
Eddie’s point there is a service issue just having one Animal Control Officer with one back-up that has other duties.
It is creating an issue that people are not getting the service that they deserve, and we should look at better staffing
that.
Supervisor Eddie Skeen noted that people waited all day for a response and nothing happened. He
questioned what type of tracking system they have.

Assistant County Administrator/Public Works Director Bill Dingus stated that they let dispatch know that
they are on scene.
Supervisor Eddie Skeen stated that they record the dispatch and what action is taken.

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Mr. Dingus replied that Animal Control has a wide variety of issues. A stray dog is not necessarily called
in to dispatch. If it is a situation that dispatch needs to know, they will do that.

Chairman Maness questioned if the damage to the car referred to by Mr. Skeen would be a situation to call
dispatch.
Mr. Dingus replied some type of emergency. The Animal Control Officer went out the first day after that
weekend and talked to the dog owner that may be responsible for the damage and that dog. To his knowledge, the
dog was released to the county. Traps were set, but the other dog has not been seen. No reports have come in about
it since then; so, the situation was mitigated within a week.

Mr. Danny Kestner questioned how many calls are received in one year.
County Administrator Josh Wilson replied that he does not have that information with him.
Mr. Kestner stated that E911 provided a report to him that showed Animal Control had 290 calls in one
year.
Supervisor Eddie Skeen stated that there needs to be a plan put in place to communicate properly. One
lady took a dog to the shelter herself. The public is not pleased, and he asked that a plan be put together and
comment at the next meeting on how to improve services.

Mr. Dingus replied you are talking about one or two calls per day that require going out to assess the
situation. Many times, the stray dogs belong to someone, and Animal Control must figure out who the dog belongs
to, and that may take some investigation. Then, they must catch the dog that is not always easy and may require
setting a trap. Then, they have to take the dog to the Animal Shelter and possibly take it to a veterinarian, feed the
dog, and complete a record and take care of the dog, determine if it has a collar and keep it for ten days, and work
with the Humane Society for adoption. Mr. Dingus pointed out that Scott County has a three percent euthanasian
rate. Some have to be euthanized and Animal Control has to take that dog to a veterinarian and sit there while it is
euthanized. A call is huge deal not counting cruelty cases to horses and cattle and everything else. A lot of
dispatched responses are to traffic calls where someone has a dog, or a dog is keeping the rescue squad from getting
into a house. There are always variables to each call. Each call is different, and they use their best discretion and
professionalism to handle it.
Chairman Maness inquired about the number of people handling all the tasks that Bill Dingus spoke about.
Mr. Dingus replied that there are a few that help part-time at the shelter.
Chairman Maness questioned if they fill out any reports or transport animals.
Mr. Dingus replied no. He added that there is a good relationship with the Scott County Humane Society
and other rescue organizations, and that takes time.

Page 13 of 286

Supervisor Danny Casteel stated that Mr. Dingus is right, and there is a lot of legal stuff to it. He went on
to say that he has a solution, but it is not a good solution. He went on to say that a weapon is a good way to solve
the problem, but he does not want anyone to kill his dog because he went across the line, and he pointed out that a
dog does not know. Mr. Casteel stated that he received a call about wild dogs killing a little dog. He went on to say
that Bill Dingus knew something about it before he called him. Every issue is different. Mr. Casteel stated that he
got into it over a pig. The pig had torn up his yard. If my cow got out, Supervisor Casteel stated that there was a
state man there before he could get his shoes on. Supervisor Casteel stated that the back-up for Animal Control
came to his house and took care of the problem. Supervisor Casteel stated that he received a photo of damage to the
fender of a car caused by a dog. Someone told him it was a pitbull dog trying to get to a cat. Supervisor Danny
Casteel stated that he would not have called anyone, but he would have pulled something from his pocket or gun
cabinet and eliminated it. Supervisor Casteel stated that he hears about animals being starved to death. Sometimes
people don’t need to worry about the other side of the fence and take care of their own side. Mr. Casteel spoke
about calls on a dog that was outside, but that dog wanted to be outside, and he recognized that Mr. Dingus, the
Animal Control Officer and Litter Control Officer, have a difficult job.
Mr. Dingus recognized the calls Mr. Kestner mentioned that come into dispatch, but he noted thousands of
calls come into the Animal Shelter, Sheriff’s Office, and county office. The vast majority of calls are not through
dispatch.

Supervisor Eddie Skeen addressed fire hydrants. He noted that Mr. Baker gave him a list of five that need
repairs for different departments. Mr. Dishman met with an ISO representative that evaluates each fire department
annually. The factors considered are the fire department itself, training, equipment, water flow, and communication.
He recommended citizens check with their insurance agency about ISO ratings. He noted they need to be within
five miles or five minutes of a fire department to get the benefits of ISO ratings. Supervisor Skeen reported that it
cost five thousand to put in a fire hydrant, and a new hydrant costs about the same as it would to repair an existing
hydrant. Supervisor Skeen reported that Mr. Dishman requested that the fire departments inform them of hydrants
that will most likely never be used so those can be placed in areas where they are needed.
Chris Maness inquired how that affects there not being a fire hydrant in Fairview as addressed by Mr. Berry
during Citizen Expression Period.
Supervisor Eddie Skeen replied that a six-inch line is needed for a hydrant, and that is not a six-inch line.
Chairman Maness inquired about there being anything else that would allow them to fill up.
Supervisor Eddie Skeen suggested a storage tank.
Chairman Maness stated that they keep the water truck full.

Page 14 of 286

County Administrator Josh Wilson stated that the ISO rating does make the most difference within a fivemile range of a fire station due to time because you will have a better chance of saving property rather than going
out in rural areas. Having a fire hydrant versus not having a fire hydrant matters too. Mr. Wilson stated that he has
been in areas where there is not a hydrant and ran out of water, and that is not a good feeling. Mr. Wilson stated that
he spoke to the ISO representative, and she was very impressed will all of our fire departments and hopefully we
will be having those ratings by next month. Roger Carter will be doing a presentation.
Supervisor Skeen encouraged everyone to check with their insurance company regarding ISO ratings.

Supervisor Skeen stated that there was discussion at the last meeting regarding Ms. Pike. Supervisor Skeen
stated that the Board was misled by Mr. Wilson by removing Ms. Pike from the Board. He went on to say that
requires some action on our part. Supervisor Skeen stated that this is serious, and some spoke on it today.
Supervisor Skeen recommended some type of warning to go in Mr. Wilson’s personnel file.
Chairman Maness asked if that was a motion.
Supervisor Skeen replied yes.
Chairman Maness asked if there was a second.
Supervisor Casteel seconded the motion.

County Administrator Josh Wilson stated that he did not remove Ms. Pike from any board or put Ms. Pike
on that board. This board did collectively. Mr. Wilson stated that he gave this board the information he had at that
time, and this board acted upon that.
Supervisor Skeen recalled that Mr. Wilson stated he was contacted by the Heart of Appalachia, reviewed
the by-laws, and Ms. Pike was no longer qualified.
Mr. Wilson stated that it was his understanding at that time that she worked for them as a lobbyist, and that
is what he told this board.
Supervisor Skeen replied; so, you were told by their management that she needed to be removed based on
their by-laws.
Mr. Wilson replied no, he did not. Mr. Wilson stated that she worked for them as a lobbyist. That was
true, and it is still true. Mr. Wilson stated that was the information that he had at that time.
Supervisor Skeen asked if he read the by-laws.
Mr. Wilson replied that he did.
Supervisor Skeen stated that there is nothing in the by-laws about it.
Supervisor Casteel stated that he recalls Mr. Wilson saying that it was a conflict of interest. Supervisor
Casteel stated that he questioned Mr. Wilson being a conflict of interest by being on that board, and Mr. Wilson
replied no. Supervisor Casteel stated that he and Supervisor Skeen were censured about a month or two later over
the Jennifer Pike deal, and we were voted against. He asked Mr. Wilson if that is true.
Mr. Wilson replied that he did not put himself on that board. He noted that he applied along with Mr.
Skeen to be considered.
Supervisor Casteel stated they picked you.

Page 15 of 286

Mr. Wilson stated that he probably did say working for that organization was a conflict of interest. That
was the information he had at that time. Mr. Wilson stated that he provides information to the board.
Chairman Maness recalled that the vote to remove Ms. Pike from the board was unanimous.
Supervisor Skeen replied that he did not recall. He referred to the by-laws.
Supervisor Michele Glover stated that Ms. Pike has been reinstated to the board. She went on to say that
Ms. Pike has been reinstated so why is this still being brought up. Supervisor Glover told Supervisor Skeen that he
has been picking at Josh Wilson, and she is tired of it.
Supervisor Skeen stated that Ms. Pike made a FOIA request for communication between Heart of
Appalachia and Mr. Wilson. There was none provided in that FOIA request. There was no evidence that she
presented in the last meeting that indicated contact with the Heart of Appalachia.
Supervisor Glover stated that she thinks Supervisor Skeen is against Josh Wilson. She went on to say that
Supervisor Skeen has been against Mr. Wilson from day one. Supervisor Glover stated that Supervisor Skeen and
Supervisor Casteel have been against Mr. Wilson. Supervisor Glover pointed to Supervisor Skeen and told him that
he had been against Mr. Wilson because the person he wanted for the County Administrator position did not get that
position. Supervisor Glover stated that Supervisor Skeen has been against Mr. Wilson from day one, and she is
done with it. Ms. Glover went on to say that she does not want to discuss this anymore. Supervisor Glover stated
that she voted for Josh Wilson because she felt like he was the right person for the job. She voted for Josh Wilson
for her district because she felt like he was the right person for the job. She went on to say that Josh Wilson has
done an excellent, excellent, excellent job in the position, and Supervisor Skeen keeps picking and picking at him
just like Freda. Supervisor Glover pointed out that we lost Freda. She went on to say that she is done with this
topic, and she has a court case to go because of all this.
Chairman Maness stated that we did lose a world class talent when we lost Freda, and it was because of the
pressure that certain board members put on her. He asked if there was anyone else in favor of this motion.
Supervisor Glover replied that her answer was no. She is not in favor of the motion, and she excused
herself from the meeting.

On a motion by Eddie N. Skeen, duly seconded by Danny M. Casteel, this Board hereby recommends a
warning be placed in Josh Wilson’s personnel file due to the Board being misled and the removal of Jennifer Pike
from the Heart of Appalachia Board.
Voting aye:

Eddie N. Skeen and Danny M. Casteel.

Voting nay:

Darrel W. Jeter, Michael K. Brickey, Christopher S. Maness, and
Stefanie C. Addington.

Absent:

L. Michele Glover.

MOTION FAILED

Page 16 of 286

BREAK: 10:55 a.m.
RECONVENE: 11:10 a.m.

Chairman Maness opened a public hearing to receive comments on a Rezoning Application submitted by
VFP for tax map #80A4 A 4 in the Duffield area to rezone from Commercial to Industrial.

Zoning/Building Official Tim Williams presented the application submitted by VFP for tax map #80A4 A 4
in Duffield to rezone from Commercial to Industrial (Said documents attached to the minutes of this meeting;
Minute Book 36 Attachment No: 2).

On a motion by Michael K. Brickey, duly seconded by Darrel W. Jeter, this Board hereby approves the
rezoning application submitted by VFP for tax map #80A4 A 4 in the Duffield area to rezone from Commercial to
Industrial.
Voting aye:

Darrel W. Jeter, L. Michele Glover, Eddie N. Skeen, Michael K. Brickey,
Danny M. Casteel, Christopher S. Maness, and Stefanie C. Addington.

Voting nay:

None.

Chairman Maness opened a public hearing to receive comments on the possible adoption of an Ordinance
to Amend and Reenact in its Entirety the Scott County Public Procurement Ordinance to reflect the law as it now
reads in Title 2.2, Chapters 43 and 43.1 of the Code of Virginia.

Hearing no further comments, Chairman Maness closed the public hearing.

Page 17 of 286

On a motion by Stefanie C. Addington, duly seconded by L. Michele Glover, this Board hereby adopts the
following:

SCOTT COUNTY
PUBLIC PROCUREMENT ORDINANCE

ORDINANCE NO. 2026-04

AMENDED: OCTOBER 7, 2026

Page 18 of 286

TABLE OF CONTENTS
ARTICLE 1
General Provisions
Section 1. Title; purpose; applicability ............................................................... 1
Section 2. Implementation ................................................................................. 1
Section 3. Definitions ......................................................................................... 1
Section 4. Process for competitive sealed bidding .............................................. 2
Section 5. Process for competitive negotiation .................................................... 3
Section 6. Additional public works contract requirements ................................... 6
ARTICLE 2
Contract Formation and Administration
Section 1. Methods of procurement ................................................................... 7
Section 2. Architectural and professional engineering term contracting;
limitations ................................................................................................... 9
Section 3. Job order contracting; limitations ........................................................ 9
Section 4. Joint and cooperative procurement................................................. 10
Section 5. Competitive procurement by localities on state-aid projects ........... 11
Section 6. Modification of the contract ............................................................. 11
Section 7. Discrimination prohibited; participation of small, women-owned,
minority-owned, military family-owned, and service disabled
veteran-owned businesses and employment services organizations .... 11
Section 8. Employment discrimination by contractor prohibited; required
contract provisions ................................................................................. 12
Section 9. Compliance with federal, state, and local laws and federal
immigration law; required contract provisions ........................................ 12
Section 10. Compliance with state law; foreign and domestic businesses
authorized to transact business in the Commonwealth ........................... 12
Section 11. Compliance with state law; contract terms inconsistent with state
law ........................................................................................................... 13
Section 12. Procurement of imported goods; forced and indentured child labor
prohibition ................................................................................................ 13
Section 13. Drug-free workplace to be maintained by contractor; required
contract provisions .................................................................................. 14
Section 14. Use of brand names ...................................................................... 14
Section 15. Comments concerning specifications ........................................... 14
Section 16. Prequalification generally; prequalification for construction .......... 14
Section 17. Negotiation with lowest responsible bidder ................................... 16
Section 18. Cancellation, rejection of bids; waiver of informalities................... 16
Section 19. Exclusion of insurance bids prohibited.......................................... 16
Section 20. Debarment ..................................................................................... 17
Section 21. Purchase of flags of the United States and the
Commonwealth by public bodies ............................................................. 17
Section 22. Preference for Virginia goods, U.S. goods, and Virginia
residents ................................................................................................. 17
Section 23. Preference for local products and firms; applicability ..................... 18
Section 24. Preference for energy-efficient and water-efficient goods.............. 18
Section 25. Solar photovoltaic equipment and facilities ..................................... 18
Section 26. Withdrawal of bid due to error ........................................................ 19
Section 27. Contract pricing arrangements ...................................................... 20
Section 28. Workers' compensation requirements for construction
contractors and subcontractors............................................................... 20
Section 29. Retainage on construction contracts.............................................. 20

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Section 30. Deposit of certain retained funds on certain contracts with
local governments; penalty for failure to timely complete........................ 21
Section 31. Public construction contract provisions barring damages for
unreasonable delays declared void ........................................................ 21
Section 32. Bid bonds ....................................................................................... 22
Section 33. Performance and payment bonds .................................................. 23
Section 34. Alternative forms of security .......................................................... 24
Section 35. Bonds on other than construction contracts ................................... 24
Section 36. Action on performance bond .......................................................... 24
Section 37. Actions on payment bonds; waiver of right to sue ......................... 24
Section 38. Public inspection of certain records ............................................... 25
ARTICLE 3
Exemptions and Limitations
Section 1. Compliance with conditions on federal grants or contracts .............. 26
Section 2. Permitted contracts with certain religious organizations;
purpose; limitations ................................................................................. 26
Section 3. Exceptions from competition for certain transactions....................... 27
ARTICLE 4
Prompt Payment
Section 1. Definitions ........................................................................................ 28
Section 2. Exemptions ...................................................................................... 29
Section 3. Retainage to remain valid ................................................................ 29
Section 4. Prompt payment of bills by public bodies......................................... 29
Section 5. Date of postmark deemed to be date payment is made .................. 29
Section 6. Payment clauses to be included in contracts ................................... 29
ARTICLE 5
Remedies
Section 1. Ineligibility ........................................................................................ 31
Section 2. Appeal of denial of withdrawal of bid ............................................... 31
Section 3. Determination of nonresponsibility ................................................... 32
Section 4. Protest of award or decision to award.............................................. 33
Section 5. Effect of appeal upon contract ......................................................... 34
Section 6. Stay of award during protest ............................................................ 34
Section 7. Contractual disputes ........................................................................ 34
Section 8. Legal actions ................................................................................... 35
Section 9. Administrative appeals procedure ................................................... 36
Section 10. Alternative dispute resolution .......................................................... 36
ARTICLE 6
Ethics in Public Contracting
Section 1. Purpose ........................................................................................... 37
Section 2. Definitions ........................................................................................ 37
Section 3. Proscribed participation by public employees in procurement
transactions ............................................................................................ 37
Section 4. Disclosure of subsequent employment ............................................ 38
Section 5. Prohibition on solicitation or acceptance of gifts; gifts by
bidders, offerors, contractor or subcontractor prohibited ........................ 38
Section 6. Kickbacks ........................................................................................ 38
Section 7. Participation in bid preparation; limitation on submitted bid for
same procurement .................................................................................. 39
Section 8. Purchase of building materials, etc., from architect or engineer
prohibited ................................................................................................ 39
Section 9. Certification of compliance required; penalty for false statements ... 39
Section 10. Misrepresentations prohibited ......................................................... 39
Section 11. Penalty for violation ........................................................................ 40

Page 20 of 286

ARTICLE 7
Construction Management and Design-Build Contracting
Section 1. Definitions ........................................................................................ 40
Section 2. Design-build or construction management contracts for local
public bodies authorized .......................................................................... 40
ARTICLE 8
Reporting Requirements for All Public Bodies
Section 1. Reporting requirements ................................................................... 42
ARTICLE 9
Severability and Effective Date
Section 1. Severability ...................................................................................... 42
Section 2. Effective date .................................................................................... 42

Page 21 of 286

ORDINANCE NO. 2026-04
SCOTT COUNTY PUBLIC PROCUREMENT ORDINANCE
Be it ordained by the Board of Supervisors of Scott County that the Scott County
Public Procurement Ordinance is hereby amended to reflect the law as it now reads in
Title 2.2, Chapters 43 and 43.1 of the Code of Virginia (1950) and the entire ordinance
as thus amended is reenacted and shall read as follows:
ARTICLE 1.
General Provisions.
Section 1. Title; purpose; applicability.
A. This ordinance may be cited as the Scott County Public Procurement
Ordinance.
B. The purpose of this ordinance is to enunciate County policies pertaining to
governmental procurement from nongovernmental sources pursuant to the Virginia
Public Procurement Act to include governmental procurement which may or may not
result in monetary consideration for either party. This ordinance and the Public
Procurement Act apply whether the consideration is monetary or nonmonetary and
regardless of whether the public body, the contractor, or some third party is providing
the consideration.
C. Procurement of any and all construction, goods or services for any
department, office, agency, board, commission, authority, constitutional or County
officer or employee of Scott County, including but not limited to the Scott County School
Board, the Scott County Department of Social Services and all public bodies solely
appointed by the Scott County Board of Supervisors shall conform to the provisions of
this ordinance and the Scott County Purchasing Manual.
Section 2. Implementation. The implementation of the provisions of this
ordinance shall be coordinated by and shall be under the supervision of the Scott
County Administrator and the County Purchasing Administrator.
Section 3. Definitions. The words defined in this section shall have the
meanings set forth below throughout this ordinance.
“Competitive negotiation” is the method of contractor selection set forth in Article
1, Section 5 of this ordinance.
“Competitive sealed bidding” is the method of contractor selection set forth in
Article 1, Section 4 of this ordinance.
“Construction” means building, altering, repairing, improving or demolishing any
structure, building or highway, and any draining, dredging, excavation, grading or similar
work upon real property.
“Goods” means all material, equipment, supplies, printing, and automated data
processing hardware and software.
“Informality” means a minor defect or variation of a bid or proposal from the exact
requirements of the Invitation to Bid, or the Request for Proposal, which does not affect
the price, quality, quantity or delivery schedule for the goods, services or construction
being procured.
“Nonprofessional services” means any services not specifically identified as
professional services in the definition of professional services.
“Potential bidder or offeror” for the purposes of Article 5, Section 4 and Article 5,
Section 8 of this ordinance means a person who, at the time a public body negotiates
and awards or proposes to award a contract, is engaged in the sale or lease of goods,
or the sale of services, insurance or construction, of the type to be procured under such
contract, and who at such time is eligible and qualified in all respects to perform that
contract, and who would have been eligible and qualified to submit a bid or proposal
had the contract been procured through competitive sealed bidding or competitive
negotiation.

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“Professional services” means work performed by an independent contractor
within the scope of the practice of accounting, actuarial services, architecture, land
surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy or
professional engineering.
“Public body” means any department, office, agency, commission, authority,
constitutional or county office of Scott County, including but not limited to the Scott
County Board of Supervisors, the Scott County School Board, the Scott County
Department of Social Services, and all public bodies solely appointed by the Scott
County Board of Supervisors.
“Public contract” means an agreement between a public body and a
nongovernmental source that is enforceable in a court of law.
“Responsible bidder” or “offeror” means a person who has the capability, in all
respects, to perform fully the contract requirements and the moral and business integrity
and reliability which will assure good faith performance, and who has been prequalified,
if required.
“Responsive bidder” means a person who has submitted a bid that conforms in
all material respects to the Invitation to Bid.
“Reverse auctioning” means a procurement method wherein bidders are invited
to bid on specified goods or nonprofessional services through real-time electronic
bidding, with the award being made to the lowest responsive and responsible bidder.
During the bidding process, bidders’ prices are revealed and bidders shall have the
opportunity to modify their bid prices for the duration of the time period established for
bid opening.
“Services” means any work performed by an independent contractor wherein the
service rendered does not consist primarily of acquisition of equipment or materials, or
the rental of equipment, materials and supplies.
Section 4. Process for competitive sealed bidding.
The process for competitive sealed bidding shall include the following:
1. Issuance of a written Invitation to Bid containing or incorporating by reference
the specifications and contractual terms and conditions applicable to the procurement.
Unless the public body has provided for prequalification of bidders, the Invitation to Bid
shall include a statement of any requisite qualifications of potential contractors. Any
locality may include in the Invitation to Bid criteria that may be used in determining
whether a bidder who is not prequalified by the Virginia Department of Transportation is
a responsible bidder pursuant to § 2.2-4301 of the Code of Virginia (1950), as
amended. Such criteria may include a history or good faith assurances of (i) completion
by the bidder and any potential subcontractors of specified safety training programs
established by the U.S. Department of Labor, Occupational Safety and Health
Administration; (ii) participation by the bidder and any potential subcontractors in
apprenticeship training programs approved by state agencies or the U.S. Department of
Labor; or (iii) maintenance by the bidder and any potential subcontractors of records of
compliance with applicable local, state, and federal laws. No Invitation to Bid for
construction services shall condition a successful bidder's eligibility on having a
specified experience modification factor. When it is impractical to prepare initially a
purchase description to support an award based on prices, an Invitation to Bid may be
issued requesting the submission of unpriced offers to be followed by an Invitation to
Bid limited to those bidders whose offers have been qualified under the criteria set forth
in the first solicitation;
2. Public notice of the Invitation to Bid at least 10 days prior to the date set for
receipt of bids by posting on the Department of General Services' central electronic
procurement website or the Scott County website. In addition, public bodies may publish
in a newspaper of general circulation. In addition, bids may be solicited directly from
potential contractors. Any additional solicitations shall include certified businesses
selected from a list made available by the Department of Small Business and Supplier
Diversity;
3. Public opening and announcement of all bids received;
4. Evaluation of bids based upon the requirements set forth in the Invitation to
Bid, which may include special qualifications of potential contractors, life-cycle costing,

Page 23 of 286

value analysis, and any other criteria such as inspection, testing, quality, workmanship,
delivery, and suitability for a particular purpose, which are helpful in determining
acceptability; and
5. Award to the lowest responsive and responsible bidder. When the terms and
conditions of multiple awards are so provided in the Invitation to Bid, awards may be
made to more than one bidder.
For the purposes of subdivision 1, "experience modification factor" means a
value assigned to an employer as determined by a rate service organization in
accordance with its uniform experience rating plan required to be filed pursuant to
subsection D of § 38.2-1913 of the Code of Virginia (1950), as amended.
Section 5. Process for competitive negotiation.
A. The process for competitive negotiation shall include the following:
1. Issuance of a written Request for Proposal indicating in general terms that
which is sought to be procured, specifying the factors that will be used in evaluating the
proposal, indicating whether a numerical scoring system will be used in evaluation of
the proposal, and containing or incorporating by reference the other applicable
contractual terms and conditions, including any unique capabilities, specifications or
qualifications that will be required. In the event that a numerical scoring system will be
used in the evaluation of proposals, the point values assigned to each of the evaluation
criteria shall be included in the Request for Proposal or posted at the location
designated for public posting of procurement notices prior to the due date and time for
receiving proposals. No Request for Proposal for construction authorized by this section
shall condition a successful offeror's eligibility on having a specified experience
modification factor;
2. Public notice of the Request for Proposal at least 10 days prior to the date set
for receipt of proposals by posting on the Department of General Services' central
electronic procurement website or the Scott County website. Public bodies may also
publish in a newspaper of general circulation in the area in which the contract is to be
performed so as to provide reasonable notice to the maximum number of offerors that
can be reasonably anticipated to submit proposals in response to the particular request.
Posting on the Department of General Services’ central electronic procurement website
shall be required of any local public body if such local public body elects not to publish
notice of the Request for Proposal in a newspaper of general circulation in the area in
which the contract is to be performed. Local public bodies are encouraged to utilize the
Department of General Services’ central electronic procurement website to provide the
public with centralized visibility and access to the Commonwealth’s procurement
opportunities. In addition, proposals may be solicited directly from potential contractors.
Any additional solicitations shall include certified businesses selected from a list made
available by the Department of Small Business and Supplier Diversity; and
3. For goods, nonprofessional services, and insurance, selection shall be made
of two or more offerors deemed to be fully qualified and best suited among those
submitting proposals, on the basis of the factors involved in the Request for Proposal,
including price if so stated in the Request for Proposal. Negotiations shall then be
conducted with each of the offerors so selected. The offeror shall state any exception to
any contractual terms or conditions, including any liability provisions contained in the
Request for Proposal in writing at the time of responding to such Request for Proposal if
so requested by the public body. Such exceptions shall be considered during
negotiation but shall not be used as a basis for scoring or evaluating which offerors are
selected for negotiations. Price shall be considered, but need not be the sole or primary
determining factor. After negotiations have been conducted with each offeror so
selected, the public body shall select the offeror which, in its opinion, has made the best
proposal and provides the best value, and shall award the contract to that offeror. When
the terms and conditions of multiple awards are so provided in the Request for
Proposal, awards may be made to more than one offeror. Should the public body
determine in writing and in its sole discretion that only one offeror is fully qualified, or
that one offeror is clearly more highly qualified than the others under consideration, a
contract may be negotiated and awarded to that offeror; or

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4. For professional services, the public body shall engage in individual
discussions with two or more offerors deemed fully qualified, responsible and suitable
on the basis of initial responses and with emphasis on professional competence, to
provide the required services. Repetitive informal interviews shall be permissible. The
offerors shall be encouraged to elaborate on their qualifications and performance data
or staff expertise pertinent to the proposed project, as well as alternative concepts. In
addition, offerors shall be informed of any ranking criteria that will be used by the public
body in addition to the review of the professional competence of the offeror. The
Request for Proposal shall not, however, request that offerors furnish estimates of manhours or cost for services. At the discussion stage, the public body may discuss
nonbinding estimates of total project costs, including, but not limited to, life-cycle
costing, and where appropriate, nonbinding estimates of price for services. In
accordance with § 2.2-4342 of the Code of Virginia (1950), as amended, proprietary
information from competing offerors shall not be disclosed to the public or to
competitors. For architectural or engineering services, the public body shall not request
or require offerors to list any exceptions to proposed contractual terms and conditions,
unless such terms and conditions are required by statute, regulation, ordinance, or
standards developed pursuant to § 2.2-1132 of the Code of Virginia (1950), as
amended, until after the qualified offerors are ranked for negotiations. At the conclusion
of discussion, outlined in this subdivision, on the basis of evaluation factors published in
the Request for Proposal and all information developed in the selection process to this
point, the public body shall select in the order of preference two or more offerors whose
professional qualifications and proposed services are deemed most meritorious.
Negotiations shall then be conducted, beginning with the offeror ranked first. If a
contract satisfactory and advantageous to the public body can be negotiated at a price
considered fair and reasonable and pursuant to contractual terms and conditions
acceptable to the public body, the award shall be made to that offeror. Otherwise,
negotiations with the offeror ranked first shall be formally terminated and negotiations
conducted with the offeror ranked second, and so on until such a contract can be
negotiated at a fair and reasonable price.
Notwithstanding the foregoing, if the terms and conditions for multiple awards are
included in the Request for Proposal, a public body may award contracts to more than
one offeror.
Should the public body determine in writing and in its sole discretion that only
one offeror is fully qualified or that one offeror is clearly more highly qualified and
suitable than the others under consideration, a contract may be negotiated and awarded
to that offeror.
B. Multiphase professional services contracts satisfactory and advantageous to
the completion of large, phased, or long-term projects may be negotiated and awarded
based on a fair and reasonable price for the first phase only, where the completion of
the earlier phases is necessary to provide information critical to the negotiation of a fair
and reasonable price for succeeding phases. Prior to entering into any such contract,
the public body shall (i) state the anticipated intended total scope of the project and (ii)
determine in writing that the nature of the work is such that the best interests of the
public body require awarding the contract.
For the purposes of subdivision A 1, "experience modification factor" means a
value assigned to an employer as determined by a rate service organization in
accordance with its uniform experience rating plan required to be filed pursuant to
subsection D of § 38.2-1913 of the Code of Virginia (1950), as amended.

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Section 6. (Effective July 1, 2027) Additional public works contract
requirements.
A. For purposes of this section, “construction contract” means any public contract
for construction initiated after July 1, 2027.
B. For any construction contract, a public body shall require the contractor and its
subcontractors at any tier to demonstrate compliance with the following requirements:
1. Completion of specified safety training programs established by the U.S.
Department of Labor’s Occupational Safety and Health Administration; and
2. Demonstration of no more than one administrative determination, arbitral
award, civil judgment, or settlement agreement of more than $25,000 in the past three
years involving the contractor or subcontractor for violations of the National Labor
Relations Act, 29 U.S.C. § 151 et seq.; the federal Fair Labor Standards Act, 29 U.S.C.
§ 201 et seq.; the federal Davis-Bacon Act, 40 U.S.C.§ 3141, or Davis-Bacon Related
Acts; the Virginia Minimum Wage Act (§ 40.1-28.8 et seq. of the Code of Virginia
(1950), as amended); Article 2 (§ 40.1-29 et seq. of the Code of Virginia (1950), as
amended ) of Chapter 3 of Title 40.1; the provisions of § 2.2-4321.3 of the Code of
Virginia (1950), as amended; or the provisions of § 40.1-28.7:7 of the Code of Virginia
(1950), as amended.
C. If a construction contract with a local public body is valued at an amount
greater than $5 million, the prime contractor shall provide written notification to the local
public body party to such contract:
1. Detailing information on any independent contractors hired by any contractor,
subcontractor, or party to the construction contract. Such information shall include the
independent contractor’s trade and at least one point of contact;
2. Demonstrating compliance to the following requirements of remunerating
parties:
a. The remunerating party demonstrated a good faith effort to directly hire
employees to perform the work sought;
b. The remunerating party demonstrated that it was not feasible to directly hire
employees to perform the work sought due to the work being of a specialized nature
that cannot be performed by the remunerating party’s own workforce, and it would
require significant investment of time and resources on the part of the remunerating
party to directly hire employees to perform the work sought; and
c. The remunerating party has provided adequate notice to all independent
contractors pursuant to subsection E.
D. Nothing in subsection C shall be construed as limiting a contractor’s right to
subcontract work to a bona fide firm that performs work on a construction contract with
its own employees and that otherwise complies with the provisions of this section.
E. If a contractor, subcontractor, or any party on a construction contract provides
remuneration to an independent contractor, such remunerating party shall provide a
written notice to each such independent contractor that contains the following
information:
1. Notification to the individual that he has been hired as an independent
contractor;
2. A statement by the remunerating party that the independent contractor will
perform work free from control of the remunerating party except as to the product and
result;
3. Notification regarding the independent contractor’s tax obligations, including
the filing of self-employment income tax with the U.S. Internal Revenue Service;
4. Notification that the individual’s classification as an independent contractor
means that he is not eligible for protection under protective laws, including employment
discrimination and anti-retaliation laws, occupational safety and health laws, living wage
and prevailing wage laws, and wage and hour laws;
5. Notification that, if the independent contractor hires employees to perform
work, the independent contractor or exempt person is responsible as an employer for all
tax, unemployment insurance, workers’ compensation insurance, and labor and
employment law obligations on behalf of those employees;

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6. Notification that the independent contractor is obligated to provide a written
notice containing the information in this subsection to independent contractors or
exempt persons with whom they contract;
7. Notification that the individual is required to provide copies of any licenses or
registrations issued to the individual related to the work to be performed;
8. Instructions for filing a complaint with the Department of Labor and Industry if
the individual is being misclassified; and
9. A detailed statement of the work to be performed by the independent
contractor or exempt person or the appropriate provisions of the contract between the
parties, which shall be attached to the notice.
G. The provisions of this section shall not apply to transportation-related
construction projects.
ARTICLE 2.
Contract Formation and Administration.
Section 1. Methods of procurement.
A. All public contracts with nongovernmental contractors for the purchase or
lease of goods, or for the purchase of services, insurance, or construction, shall be
awarded after competitive sealed bidding, or competitive negotiation as provided in this
section, unless otherwise authorized by law. Effective January 1, 2025: All local public
bodies shall provide an option to submit bids or proposals through eVA or other
electronic means. In cases where bids or proposals are submitted electronically, the
local public body may also require a certain number of paper submissions for review
purposes.
B. Professional services shall be procured by competitive negotiation.
C. Goods, services other than professional services, and insurance may be
procured by competitive sealed bidding or competitive negotiation.
Upon a written determination made in advance by the public body, that
competitive negotiation is either not practicable or not fiscally advantageous, insurance
may be procured through a licensed agent or broker selected in the manner provided for
the procurement of things other than professional set forth in Article 1, Section 5 of this
ordinance. The basis for this determination shall be documented in writing and shall be
forwarded to the Scott County Purchasing Agent.
D. Construction may be procured only by competitive sealed bidding, except that
competitive negotiation may be used in the following instances:
1. By any public body on a fixed price design-build basis or construction
management basis as provided in Article 7; or
2. By any public body for the construction of highways and any draining,
dredging, excavation, grading or similar work upon real property upon a determination
made in advance by the public body and set forth in writing that competitive sealed
bidding is either not practicable or not fiscally advantageous to the public, which writing
shall document the basis for this determination.
E. Upon a determination in writing that there is only one source practicably
available for that which is to be procured, a contract may be negotiated and awarded to
that source without competitive sealed bidding or competitive negotiation. The writing
shall document the basis for this determination and shall be forwarded to the Scott
County Purchasing Agent. The public body shall issue a written notice stating that only
one source was determined to be practicably available, and identifying that which is
being procured, the contractor selected, and the date on which the contract was or will
be awarded. This notice shall be posted on the Department of General Services’
central electronic procurement website or the Scott County website and in addition, the
public body may publish in a newspaper of general circulation on the day the public
body awards or announces its decision to award the contract, whichever occurs first.
F. In case of emergency, a contract may be awarded without competitive sealed
bidding or competitive negotiation; however, such procurement shall be made with such
competition as is practicable under the circumstances. A written determination of the
basis for the emergency and for the selection of the particular contractor shall be

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included in the contract file and shall be forwarded to the Scott County Purchasing
Agent. The public body shall issue a written notice stating that the contract is being
awarded on an emergency basis, and identifying that which is being procured, the
contractor selected, and the date on which the contract was or will be awarded. This
notice shall be posted on the Department of General Services’ central electronic
procurement website or the Scott County website, and in addition, the public body may
publish in a newspaper of general circulation on the day the public body awards or
announces its decision to award the contract, whichever occurs first, or as soon
thereafter as is practicable.
G. The Scott County Board of Supervisors may establish purchase procedures,
if adopted in writing, not requiring competitive sealed bids or competitive negotiation for
single or term contracts for:
1. Goods and services other than professional services and non-transportationrelated construction, if the aggregate or the sum of all phases is not expected to exceed
$50,000; and
2. Transportation-related construction, if the aggregate or sum of all phases is
not expected to exceed $35,000.
However, such small purchase procedures shall provide for competition
wherever practicable.
Such purchase procedures may allow for single or term contracts for professional
services without requiring competitive negotiation, provided the aggregate or the sum of
all phases is not expected to exceed $20,000.
All public bodies proceeding with purchases under this subsection shall post a
public notice on the Department of General Services’ central electronic procurement
website or other appropriate websites.
H. Upon a determination made in advance by the public body and set forth in
writing that the purchase of goods, products or commodities from a public auction sale
is in the best interests of the public, such items may be purchased at the auction,
including online public auctions. The writing shall document the basis for this
determination and shall be forwarded to the Scott County Purchasing Agent.
I. The purchase of goods or nonprofessional services, but not construction or
professional services, may be made by reverse auctioning.
Section 2. Architectural and professional engineering term contracting;
limitations.
A. A contract for architectural or professional engineering services relating to
multiple projects may be awarded by a public body, provided (i) the projects require
similar experience and expertise, (ii) the nature of the projects is clearly identified in the
Request for Proposal, and (iii) the contract is limited to a term of one year or when the
cumulative total project fees reach the maximum authorized in this section, whichever
occurs first.
Such contracts may be renewable for three additional terms at the option of the
public body. Any unused amounts from one contract term shall not be carried forward to
any additional term, except as otherwise provided by the Restructured Higher Education
Financial and Administrative Operations Act (§ 23.1-1000 et seq. of the Code of Virginia
(1950), as amended). The fair and reasonable prices as negotiated shall be used in
determining the cost of each project performed.
The sum of all projects performed in a contract term shall not exceed $10 million,
and the fee for any single project shall not exceed $2.5 million.
B. Competitive negotiations for such architectural or professional engineering
services contracts may result in awards to more than one offeror, provided (i) the
Request for Proposal so states and (ii) the public body has established procedures for
distributing multiple projects among the selected contractors during the contract term.
Such procedures shall prohibit requiring the selected contractors to compete for
individual projects based on price.
Section 3. Job order contracting; limitations.
A. A job order contract may be awarded by a public body for multiple jobs,
provided (i) the jobs require similar experience and expertise, (ii) the nature of the jobs

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is clearly identified in the solicitation, and (iii) the contract is limited to a term of one year
or when the cumulative total project fees reach the maximum authorized in this section,
whichever occurs first. Contractors may be selected through either competitive sealed
bidding or competitive negotiation.
B. Such contracts may be renewable for three additional one-year terms at the
option of the public body. The fair and reasonable prices as negotiated shall be used in
determining the cost of each job performed, and the sum of all jobs performed in a oneyear contract term shall not exceed $10 million. Individual job orders shall not exceed
$1 million.
C. For the purposes of this section, any unused amounts from one contract term
shall not be carried forward to any additional term.
D. Order splitting with the intent of keeping a job order under the maximum dollar
amounts prescribed in subsection B is prohibited.
E. No public body shall issue or use a job order, under a job order contract,
solely for the purpose of receiving professional architectural or engineering services that
constitute the practice of architecture or the practice of engineering as those terms are
defined in § 54.1-400. However, professional architectural or engineering services may
be included on a job order where such professional services (i) are incidental and
directly related to the job, (ii) do not exceed $25,000 per job order, and (iii) do not
exceed $75,000 per contract term.
F. Job order contracting shall not be used for construction, maintenance, or asset
management services for a highway, bridge, tunnel, or overpass. However, job order
contracting may be used for safety improvements or traffic calming measures for
individual job orders up to $250,000, subject to the maximum annual threshold amount
established in this section.
Section 4. Joint and cooperative procurement.
A. Any public body may participate in, sponsor, conduct, or administer a joint
procurement agreement on behalf of or in conjunction with one or more other public
bodies, or public agencies or institutions or localities of the several states, of the United
States or its territories, the District of Columbia, or the U.S. General Services
Administration, or the Metropolitan Washington Council of Governments, for the
purpose of combining requirements to increase efficiency or reduce administrative
expenses in any acquisition of goods, services, or construction.
B. In addition, a public body may purchase from another public body’s contract or
from the contract of the Metropolitan Washington Council of Governments or the
Virginia Sheriffs’ Association, even if it did not participate in the request for proposal or
invitation to bid, if the request for proposal or invitation to bid specified that the
procurement was a cooperative procurement being conducted on behalf of other public
bodies, except for:
1. Contracts for architectural or engineering services; or
2. Construction. This subdivision shall not be construed to prohibit sole source or
emergency procurements awarded pursuant to subsections E and F of Section 1 of this
Article.
Subdivision 2 shall not apply to (i) the installation of artificial turf and track
surfaces, (ii) stream restoration, (iii) stormwater management practices, or (iv) the
installation of playground equipment, including all associated and necessary
construction and maintenance.
This subdivision shall not apply to intergovernmental support agreements
entered into pursuant to 10 U.S.C. § 2679.

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Section 5. Competitive procurement by localities on state-aid projects.
No contract for the construction of any building or for an addition to or
improvement of an existing building by any public body for which state funds of not
more than $50,000 in the aggregate or for the sum of all phases of a contract or project
either by appropriation, grant-in-aid or loan, are used or are to be used for all or part of
the cost of construction shall be let except after competitive sealed bidding or after
competitive negotiation as provided in this ordinance. The procedure for the advertising
for bids or for proposals and for letting of the contract shall conform, mutatis mutandis,
to this ordinance.
Section 6. Modification of the contract.
A. A public contract may include provisions for modification of the contract
during performance, but no fixed-price contract may be increased by more than twentyfive percent of the amount of the contract or $50,000, whichever is greater, without the
advance written approval of the public body. In no event may the amount of any
contract, without adequate consideration, be increased for any purpose, including, but
not limited to, relief of an offeror from the consequences of an error in its bid or offer.
B. Any public body may extend the term of an existing contract for services to
allow completion of any work undertaken but not completed during the original term of
the contract.
C. Nothing in this section shall prevent any public body from placing greater
restrictions on contract modifications.
D. The provisions of this section shall not limit the amount a party to a public
contract may claim or recover against a public body pursuant to Section 7 of Article 5 of
this ordinance or any other applicable statute or regulation. Modifications made by a
political subdivision that fail to comply with this section are voidable at the discretion of
the governing body, and the unauthorized approval of a modification cannot be the
basis of a contractual claim as set forth in Article 5, Section 7.
Section 7. Discrimination prohibited; participation of small, women-owned,
minority-owned, military family-owned, and service disabled veteran-owned
businesses and employment services organizations.
A. In the solicitation or awarding of contracts, no public body shall
discriminate against a bidder or offeror because of race, religion, color, sex, sexual
orientation, gender identity, national origin, age, disability, status as a service disabled
veteran, status as a military family, or any other basis prohibited by state law relating to
discrimination in employment. Whenever solicitations are made, each public body shall
include businesses selected from a list made available by the Department of Small
Business and Supplier Diversity, which list shall include all companies and
organizations certified by the Department.
B. All public bodies shall establish programs consistent with all provisions of this
ordinance and § 2.2-4310 of the Code of Virginia (1950), as amended, to facilitate the
participation of small businesses, businesses owned by women, minorities and service
disabled veterans, military family-owned businesses, and employment services
organizations in procurement transactions.
Section 8. Employment discrimination by contractor prohibited; required
contract provisions.
All public bodies shall include in every contract of more than $10,000 the
following provisions:
1. During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for
employment because of race, religion, color, sex or national origin, age, disability, or
other basis prohibited by state law relating to discrimination in employment, except
where there is a bona fide occupational qualification reasonably necessary to the
normal operation of the contractor. The contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices setting forth the
provisions of this nondiscrimination clause.

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b. The contractor, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, will state that such contractor is an equal opportunity
employer.
c. Notices, advertisements and solicitations placed in accordance with federal
law, rule or regulation shall be deemed sufficient for the purpose of meeting the
requirements of this section.
2. The contractor will include the provisions of the foregoing paragraphs a, b and
c in every subcontract or purchase order of over $10,000, so that the provisions will be
binding upon each subcontractor or vendor.
Section 9. Compliance with federal, state, and local laws and federal
immigration law; required contract provisions.
All public bodies shall provide in every written contract that the contractor does
not, and shall not during the performance of the contract for goods and services in the
Commonwealth, knowingly employ an unauthorized alien as defined in the federal
Immigration Reform and Control Act of 1986.
Section 10. Compliance with state law; foreign and domestic businesses
authorized to transact business in the Commonwealth.
A. All public bodies shall include in every written contract a provision that a
contractor organized as a stock or nonstock corporation, limited liability company,
business trust, or limited partnership or registered as a registered limited liability
partnership shall be authorized to transact business in the Commonwealth as a
domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise
required by law.
B. Pursuant to competitive sealed bidding or competitive negotiation, all public
bodies shall include in the solicitation a provision that requires a bidder or offeror
organized or authorized to transact business in the Commonwealth pursuant to Title
13.1 or Title 50 to include in its bid or proposal the identification number issued to it by
the State Corporation Commission. Any bidder or offeror that is not required to be
authorized to transact business in the Commonwealth as a foreign business entity
under Title 13.1 or Title 50 or as otherwise required by law shall include in its bid or
proposal a statement describing why the bidder or offeror is not required to be so
authorized.
C. Any bidder or offeror described in subsection B that fails to provide the
required information shall not receive an award unless a waiver of this requirement and
the administrative policies and procedures established to implement this section is
granted by the County Administrator.
D. Any business entity described in subsection A that enters into a contract with
a public body pursuant to this chapter shall not allow its existence to lapse or its
certificate of authority or registration to transact business in the Commonwealth, if so
required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the
term of the contract.
E. A public body may void any contract with a business entity if the business
entity fails to remain in compliance with the provisions of this section.
Section 11. Compliance with state law; contract terms inconsistent with
state law.
A. As used in this section, “information technology goods and services” means
communications, telecommunications, automated data processing, applications,
databases, data networks, management information systems, and other related goods
and services.
B. No term or provision in any public contract for the acquisition of information
technology goods or services shall be valid or enforceable to the extent that it is in
conflict with Virginia law. A public contract containing such a term or provision shall
otherwise remain enforceable.
C. Any term or provision in such a public contract that (i) makes the public
contract subject to, governed by, or interpreted under the laws of another state or
country or (ii) requires or permits any litigation or other dispute resolution proceeding

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arising from the public contract to be conducted in another state or country shall be
void. Such public contract shall instead by deemed to provide for the application of the
law of the Commonwealth of Virginia, without regard to such contract’s choice of law
provisions, and to provide for jurisdiction in the courts of the Commonwealth.
D. The provisions of this section shall only apply to a county, city, town, political
subdivision, or public institution of higher education, or to a public body listed as an
independent agency in the appropriation act, if its governing body has adopted the
provisions of this section as part of its procurement policies and procedures.
Section 12. Procurement of imported goods; forced and indentured child
labor prohibition.
A. For the purposes of this section, “forced or indentured child labor” means all
work or service (i) exacted from any person younger than 18 years of age under the
menace of any penalty for the nonperformance of such work or service and for which
such person does not offer himself voluntarily or (ii) performed by any person younger
than 18 years of age pursuant to a contract the enforcement of which can be
accomplished by process or penalties.
B. A public body that enters into a public contract for goods or services that
exceeds $10,000 shall include in such a public contract provisions (i) prohibiting the use
of forced or indentured child labor in the performance of the contract and (ii) requiring
that the contractor include such prohibition in every subcontract or purchase order that
exceeds $10,000, so that the prohibition will be binding upon each subcontractor or
vendor.
Section 13. Drug-free workplace to be maintained by contractor; required
contract provisions.
All public bodies shall include in every contract over $10,000 the following
provisions:
During the performance of this contract, the contractor agrees to (i) provide a
drug-free workplace for the contractor’s employees; (ii) post in conspicuous places,
available to employees and applicants for employment, a statement notifying employees
that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a
controlled substance or marijuana is prohibited in the contractor’s workplace and
specifying the actions that will be taken against employees for violations of such
prohibition; (iii) state in all solicitations or advertisements for employees placed by or on
behalf of the contractor that the contractor maintains a drug-free workplace; and (iv)
include the provisions of the foregoing clauses in every subcontract or purchase order
of over $10,000, so that the provisions will be binding upon each subcontractor or
vendor.
For the purposes of this section, “drug-free workplace” means a site for the
performance of work done in connection with a specific contract awarded to a contractor
in accordance with this chapter, the employees of whom are prohibited from engaging in
the unlawful manufacture, sale, distribution, dispensation, possession or use of any
controlled substance or marijuana during the performance of the contract.
Section 14. Use of brand names.
Unless otherwise provided in the Invitation to Bid, the name of a certain brand,
make or manufacturer does not restrict bidders to the specific brand, make or
manufacturer named and shall be deemed to convey the general style, type, character,
and quality of the article desired. Any article that the public body in its sole discretion
determines to be the equal of that specified, considering quality, workmanship,
economy of operation, and suitability for the purpose intended, shall be accepted.
Section 15. Comments concerning specifications.
Every public body awarding public contracts shall establish procedures whereby
comments concerning specifications or other provisions in Invitations to Bid or Requests
for Proposal can be received and considered prior to the time set for receipt of bids or
proposals or award of the contract.

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Section 16. Prequalification generally; prequalification for construction.
A. Prospective contractors may be prequalified for particular types of supplies,
services, insurance or construction, and consideration of bids or proposals limited to
prequalified contractors. Any prequalification procedure shall be established in writing
by the public body and sufficiently in advance of its implementation to allow potential
contractors a fair opportunity to complete the process.
B. Any prequalification of prospective contractors for construction by a public
body shall be pursuant to a prequalification process for construction projects adopted by
the public body. Such process shall be consistent with the provisions of this subsection.
The application form used in such process shall set forth the criteria upon which
the qualifications of prospective contractors will be evaluated. The application form
shall request of prospective contractors only such information as is appropriate for an
objective evaluation of all prospective contractors pursuant to such criteria. Such form
shall allow the prospective contractor seeking prequalification to request, by checking
the appropriate box, that all information voluntarily submitted by the contractor pursuant
to this subsection shall be considered a trade secret or proprietary information subject
to the provisions of Article 2, Section 32, of this ordinance.
In all instances in which the public body requires prequalification of potential
contractors for construction projects, advance notice shall be given of the deadline for
the submission of prequalification applications. The deadline for submission shall be
sufficiently in advance of the date set for the submission of bids for such construction so
as to allow the procedures set forth in this subsection to be accomplished.
At least thirty days prior to the date established for submission of bids or
proposals under the procurement of the contract for which the prequalification applies,
the public body shall advise in writing each contractor who submitted an application
whether that contractor has been prequalified. In the event that a contractor is denied
prequalification, the written notification to such contractor shall state the reasons for
such denial of prequalification and the factual basis of such reasons.
A decision by a public body denying prequalification under the provisions of this
subsection shall be final and conclusive unless the contractor appeals the decision as
provided in Section 1, Article 5 of this ordinance.
C. A public body may deny prequalification to any contractor only if the public
body finds one of the following:
1. The contractor does not have sufficient financial ability to perform the contract
that would result from such procurement. If a bond is required to ensure performance of
a contract, evidence that the contractor can acquire a surety bond from a corporation
included on the United States Treasury list of acceptable surety corporations in the
amount and type required by the public body shall be sufficient to establish the financial
ability of such contractor to perform the contract resulting from such procurement;
2. The contractor does not have appropriate experience to perform the
construction project in question;
3. The contractor or any officer, director or owner thereof has had judgments
entered against him within the past ten years for the breach of contracts for
governmental or nongovernmental construction, including, but not limited to, designbuild or construction management;
4. The contractor has been in substantial noncompliance with the terms and
conditions of prior construction contracts with a public body without good cause. If the
public body has not contracted with a contractor in any prior construction contracts, the
public body may deny prequalification if the contractor has been in substantial
noncompliance with the terms and conditions of comparable construction contracts with
another public body without good cause. A public body may not utilize this provision to
deny prequalification unless the facts underlying such substantial noncompliance were
documented in writing in the prior construction project file and such information relating
thereto given to the contractor at that time, with the opportunity to respond;
5. The contractor or any officer, director, owner, project manager, procurement
manager or chief financial official thereof has been convicted within the past ten years
of a crime related to governmental or nongovernmental construction or contracting,
including, but not limited to, a violation of (i) Article 6 (§ 2.2-4367 et seq.) of the Virginia
Public Procurement Act, (ii) the Virginia Governmental Frauds Act (§ 18.2-498.1 et

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seq.), (iii) Chapter 4.2 (§ 59.1-68.6 et seq.) of Title 59.1 of the Code of Virginia (1950),
as amended, or (iv) any substantially similar law of the United States or another state;
6. The contractor or any officer, director or owner thereof is currently debarred
pursuant to an established debarment procedure from bidding or contracting by any
public body, agency of another state or agency of the federal government; and
7. The contractor failed to provide to the public body in a timely manner any
information requested by the public body relevant to subdivisions 1 through 6 of this
subsection.
D. If a public body has a prequalification ordinance that provides for minority
participation in municipal construction contracts, that public body may also deny
prequalification based on minority participation criteria. However, nothing herein shall
authorize the adoption or enforcement of minority participation criteria except to the
extent that such criteria, and the adoption and enforcement thereof, are in accordance
with the Constitution and laws of the United States and the Commonwealth.
E. The provisions of subsections B, C, and D shall not apply to prequalification
for contracts let under § 33.1-12 of the Code of Virginia (1950), as amended.
Section 17. Negotiation with lowest responsible bidder.
Unless canceled or rejected, a responsive bid from the lowest responsible bidder
shall be accepted as submitted, except that if the bid from the lowest responsible bidder
exceeds available funds, the public body may negotiate with the apparent low bidder to
obtain a contract price within available funds. However, such negotiation may be
undertaken only under conditions and procedures described in writing and approved by
the public body prior to issuance of the Invitation to Bid and summarized therein.
Section 18. Cancellation, rejection of bids; waiver of informalities.
A. An Invitation to Bid, a Request for Proposal, any other solicitation, or any and
all bids or proposals, may be canceled or rejected. The reasons for cancellation or
rejection shall be made part of the contract file and a copy of the reasons shall be
forwarded to the Scott County Purchasing Agent. A public body shall not cancel or
reject an Invitation to Bid, a Request for Proposal, any other solicitation, bid or proposal
pursuant to this section solely to avoid awarding a contract to a particular responsive
and responsible bidder or offeror.
B. A public body may waive informalities in bids.
Section 19. Exclusion of insurance bids prohibited.
Notwithstanding any other provision of law, no insurer licensed to transact the
business of insurance in the Commonwealth or approved to issue surplus lines
insurance in the Commonwealth shall be excluded from presenting an insurance bid
proposal to a public body in response to a request for proposal or an invitation to bid.
Nothing in this section shall preclude a public body from debarring a prospective insurer
pursuant to Section 15, Article 2 of this ordinance.
Section 20. Debarment.
A. Prospective contractors may be debarred from contracting for particular
types of supplies, services, insurance or construction, for specified periods of time. Any
debarment procedure shall be established in writing by the public body. Any debarment
procedure may provide for debarment on the basis of a contractor’s unsatisfactory
performance for a public body.
B. In addition, a prospective contractor shall be debarred from contracting with
all public bodies and covered institutions whenever the Tax Commissioner so
determines pursuant to § 58.1-1902 of the Code of Virginia (1950), as amended.
Section 21. Purchase of flags of the United States and the Commonwealth
by public bodies.
Notwithstanding any provision of law to the contrary, whenever a state or local
public body or school division purchases a flag of the United States or a flag of the
Commonwealth for public use, such flag shall be made in the United States from

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articles, materials, or supplies that are grown, produced, and manufactured in the
United States, if available.
Section 22. (Effective until July 1, 2028) Preference for Virginia goods, U.S.
goods, and Virginia residents.
A. In the case of a tie bid, preference shall first be given to goods produced in
Virginia and preference shall then be given to good produced in the United States;
otherwise the tie shall be decided by lot.
B. In the case of procurement of goods by manufacturers:
1. If the lowest responsive and responsible bidder is not a resident of Virginia
and (i) the bid of any Virginia resident is within 10 percent of such bid or (ii) the bid is for
agricultural products that are produced or processed in Virginia and intended for school
nutrition programs, including fresh fruits, vegetables, and dairy products, and is within
20 percent of such bid, the lowest responsive and responsible bidder pursuant to clause
(i) or (ii) shall be granted the option to match the price of the lowest responsive and
responsible bidder.
2. If the lowest responsive and responsible bidder is a resident of a state other
than Virginia and such state under its laws allows a resident of that state a percentage
preference or price-matching preference for the procurement of goods, a like preference
shall be granted to responsive and responsible bidders who are residents of Virginia.
3. An eligible bidder that is a Virginia resident shall be granted the greater of
either preference pursuant to this subsection.
C. Whenever the lowest responsive and responsible bidder is a resident of any
other state and such state under its laws allows a resident contractor of that state a
percentage preference, a like preference shall be granted to the lowest responsive and
responsible bidder who is a resident of Virginia and is the next lowest bidder. If the
lowest responsive and responsible bidder is a resident of any other state and such state
under its laws allows a resident contractor of that state a price-matching preference, a
like preference shall be granted to responsive and responsible bidders who are
residents of Virginia. If the lowest bidder is a resident contractor of a state with an
absolute preference, the bid shall not be considered. The Department of General
Services shall post and maintain an updated list on its website of all states with an
absolute preference for their resident contractor and those states that allow their
resident contractors a percentage preference, including the respective percentage
amounts. For purposes of compliance with this section, all public bodies may rely upon
the accuracy of the information posted on this website.
D. Notwithstanding the provisions of subsections A, B and C, in the case of a tie
bid in instances where goods are being offered, and existing price preferences have
already been taken into account, preference shall be given to the bidder whose goods
contain the greatest amount of recycled content.
E. For the purposes of this section, a firm or corporation shall be deemed to be a
resident of Virginia if such firm or corporation has been organized pursuant to Virginia
law or maintains a principal place of business within Virginia.
F. To the extent that this section conflicts with federal law or regulations and
application of this section to a project or procurement would render a public body
ineligible to receive federal funds for such project or procurement, such project or
procurement shall be exempt from the provisions of this section.
Section 23. Preference for local products and firms; applicability.
A. In case of a tie bid, preference may be given to goods, services and
construction produced in Scott County or provided by persons, firms or corporations
having principal places of business in Scott County, if such a choice is available;
otherwise, the tie shall be decided by lot, unless the above Section 10 applies.
B. The provisions of this section shall apply only to bids submitted pursuant to a
written Invitation to Bid.
Section 24. Preference for energy-efficient and water-efficient goods.
A. As used in this section, “FEMP” means the Federal Energy Management
Program.

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B. When in the course of procuring goods, if a local public body receives two or
more bids for products that are Energy Star certified, meet FEMP-designated efficiency
requirements, appear on FEMP’s Low Standby Power Product List, or are Water Sense
certified, such local public body may only select among those bids unless, before
selecting a different bid, the local public body provides a written statement that
demonstrates the cost of the products that are Energy Star certified, meet FEMPdesignated efficiency requirements, appear on FEMP’s Low Standby Power Product
List, or are Water Sense certified was unreasonable.
Section 25. Solar photovoltaic equipment and facilities.
No state agency, locality, or political subdivision of the Commonwealth in any
request for proposal, procurement agreement, contract, ordinance, policy, permit, or
accompanying document shall prohibit or otherwise exclude from use any materials
contained in or products associated with solar photovoltaic equipment and facilities that
are manufactured in the United States.
Section 26. Withdrawal of bid due to error.
A. A bidder for a public construction contract, other than a contract for
construction or maintenance of public highways, may withdraw his bid from
consideration if the price bid was substantially lower than the other bids due solely to a
mistake in the bid, provided the bid was submitted in good faith, and the mistake was a
clerical mistake as opposed to a judgment mistake, and was actually due to an
unintentional arithmetic error or an unintentional omission of a quantity of work, labor or
material made directly in the compilation of a bid, which unintentional arithmetic error or
unintentional omission can be clearly shown by objective evidence drawn from
inspection of original work papers, documents and materials used in the preparation of
the bid sought to be withdrawn.
If a bid contains both clerical and judgment mistakes, a bidder may withdraw his
bid from consideration if the price bid would have been substantially lower than the
other bids due solely to the clerical mistake, that was an unintentional arithmetic error or
an unintentional omission of a quantity of work, labor or material made directly in the
compilation of a bid that shall be clearly shown by objective evidence drawn from
inspection of original work papers, documents and materials used in the preparation of
the bid sought to be withdrawn.
B. One of the following procedures for withdrawal of a bid shall be selected by
the public body and stated in the advertisement for bids:
1. Bidder shall give notice in writing of his claim of right to withdraw his
bid within two business days after the conclusion of the bid opening procedure
and shall submit original work papers with such notice; or
2. Where the public body opens the bids one day following the time fixed
for the submission of bids, the bidder shall submit to the public body or
designated official his original work papers, documents and materials used in the
preparation of the bid at or prior to the time fixed for the opening of bids. The
work papers shall be delivered by the bidder in person or by registered mail. The
bidder shall have two hours after the opening of bids within which to claim in
writing any mistake as defined herein and withdraw his bid. The contract shall
not be awarded by the public body until the two-hour period has elapsed.
Under these procedures, the mistake shall be proved only from the
original work papers, documents and materials delivered as required herein. The
work papers, documents and materials submitted by the bidder shall, at the
bidder’s request, be considered trade secrets or proprietary information subject
to the conditions of subsection F of § 2.2-4342 of the Code of Virginia (1950), as
amended.
C. If a public body chooses to allow the withdrawal of bids for other than
construction contracts, it shall follow the above-described procedure.
D. No bid shall be withdrawn under this section when the result would be the
awarding of the contract on another bid of the same bidder or of another bidder in which
the ownership of the withdrawing bidder is more than five percent.

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E. If a bid is withdrawn in accordance with this section, the lowest remaining bid
shall be deemed to be the low bid.
F. No bidder who is permitted to withdraw a bid shall, for compensation, supply
any material or labor to or perform any subcontract or other work agreement for the
person or firm to whom the contract is awarded or otherwise benefit, directly or
indirectly, from the performance of the project for which the withdrawn bid was
submitted.
G. The public body shall notify the bidder in writing within five business days of
its decision regarding the bidder’s request to withdraw its bid. If the public body denies
the withdrawal of a bid under the provisions of this section, it shall state in such notice
the reasons for its decision and award the contract to such bidder at the bid price,
provided such bidder is a responsible and responsive bidder. At the same time that the
notice is provided, the pubic body shall return all work papers and copies thereof that
have been submitted by the bidder.
Section 27. Contract pricing arrangements.
A. Except as prohibited herein, public contracts may be awarded on a fixed price
or cost reimbursement basis, or on any other basis that is not prohibited.
B. Except in case of emergency affecting the public health, safety or welfare, no
public contract shall be awarded on the basis of cost plus a percentage of cost.
C. A policy or contract of insurance or prepaid coverage having a premium
computed on the basis of claims paid or incurred, plus the insurance carrier’s
administrative costs and retention stated in whole or part as a percentage of such
claims, shall not be prohibited by this section.
Section 28. Workers’ compensation requirements for construction
contractors and subcontractors.
A. No contractor shall perform any work on a construction project of a
department, agency or institution of Scott County unless he (i) has obtained, and
continues to maintain for the duration of the work, workers’ compensation coverage
required pursuant to the provisions of Chapter 8 (§ 65.2-800 et seq.) of Title 65.2 of the
Code of Virginia (1950), as amended, and (ii) provides prior to the award of contract, on
a form furnished by Scott County, evidence of such coverage.
B. The Virginia Department of General Services shall provide the form to such
departments, agencies, institutions and political subdivisions. Failure of a department,
agency, institution or political subdivision to provide the form prior to the award of
contract shall waive the requirements of clause (ii) of subsection A.
C. No subcontractor shall perform any work on a construction project of a
department, agency or institution of Scott County unless he has obtained, and continues
to maintain for the duration of such work, workers’ compensation coverage required
pursuant to the provisions of Chapter 8 (§ 65.2-800 et seq.) of Title 65.2 of the Code of
Virginia (1950), as amended.
Section 29. Retainage on construction contracts.
A. In any public contract for construction which provides for progress payments
in installments based upon an estimated percentage of completion, the contractor shall
be paid at least ninety-five percent of the earned sum when payment is due, with no
more than five percent being retained to ensure faithful performance of the contract. All
amounts withheld may be included in the final payment.
B. Any subcontract for a public project that provides for similar progress
payments shall be subject to the provisions of this section.
Section 30. Deposit of certain retained funds on certain contracts with
local governments; penalty for failure to timely complete.
A. When contracting directly with contractors for public contracts of $200,000 or
more for construction of highways, roads, streets, bridges, parking lots, demolition,
clearing, grading, excavating, paving, pike driving, miscellaneous drainage structures,
and the installation of water, gas, sewer lines and pumping stations where portions of
the contract price are to be retained, there shall be included in the Bid Proposal an

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option for the contractor to use an escrow account procedure for utilization of the public
body’s retainage funds by so indicating in the space provided in the proposal
documents. In the event the contractor elects to use the escrow account procedure, the
escrow agreement form included in the Bid Proposal and Contract shall be executed
and submitted to the public body within fifteen calendar days after notification. If the
escrow agreement form is not submitted within the fifteen-day period, the contractor
shall forfeit his rights to the use of the escrow account procedure.
B. In order to have retained funds paid to an escrow agent, the contractor, the
escrow agent, and the surety shall execute an escrow agreement form. The
contractor’s escrow agent shall be a trust company, bank or savings institution with its
principal office located in the Commonwealth. The escrow agreement and all
regulations adopted by the public body entering into the contract shall be substantially
the same as that used by the Virginia Department of Transportation.
C. This section shall not apply to public contracts for construction for railroads,
public transit systems, runways, dams, foundations, installation or maintenance of
power systems for the generation and primary and secondary distribution of electric
current ahead of the customer’s meter, the installation or maintenance of telephone,
telegraph or signal systems for public utilities and the construction or maintenance of
solid waste or recycling facilities and treatment plants.
D. Any such public contract for construction with the county which includes
payment of interest on retained funds, may require a provision whereby the contractor,
exclusive of reasonable circumstances beyond the control of the contractor stated in the
contract, shall pay a specified penalty for each day exceeding the completion date
stated in the contract.
E. Any subcontract for such public project that provides for similar progress
payments shall be subject to the provisions of this section.
Section 31. Public construction contract provisions barring damages for
unreasonable delays declared void.
A. Any provision contained in any public construction contract that purports to
waive, release, or extinguish the rights of a contractor to recover costs or damages for
unreasonable delay in performing such contract, either on his behalf or on behalf of his
subcontractor if and to the extent the delay is caused by acts or omissions of the public
body, its agents or employees and due to causes within their control shall be void and
unenforceable as against public policy.
B. Subsection A shall not be construed to render void any provision of a public
construction contract that:
1. Allows a public body to recover that portion of delay costs caused by the acts
or omissions of the contractor, or its subcontractors, agents or employees;
2. Requires notice of any delay by the party claiming the delay;
3. Provides for liquidated damages for delay; or
4. Provides for arbitration or any other procedure designed to settle contract
disputes.
C. A contractor making a claim against a public body for costs or damages due
to the alleged delaying of the contractor in the performance of its work under any public
construction contract shall be liable to the public body and shall pay it for a percentage
of all costs incurred by the public body in investigating, analyzing, negotiating, litigating
and arbitrating the claim, which percentage shall be equal to the percentage of the
contractor’s total delay claim that is determined through litigation or arbitration to be
false or to have no basis in law or in fact.
D. A public body denying a contractor’s claim for costs or damages due to the
alleged delaying of the contractor in the performance of work under any public
construction contract shall be liable and shall pay such contractor a percentage of all
costs incurred by the contractor to investigate, analyze, negotiate, litigate and arbitrate
the claim. The percentage paid by the public body shall be equal to the percentage of
the contractor’s total delay claim for which the public body’s denial is determined
through litigation or arbitration to have been made in bad faith.

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Section 32. Bid bonds.
A. Except in cases of emergency, all bids or proposals for non-transportationrelated construction contracts in excess of $500,000 or transportation-related projects
authorized under Article 2 (§ 33.2-208 et seq.) of Chapter 2 of Title 33.2 of the Code of
Virginia (1950), as amended, that are in excess of $350,000 and partially or wholly
funded by the Commonwealth shall be accompanied by a bid bond from a surety
company selected by the bidder that is authorized to do business in Virginia, as a
guarantee that if the contract is awarded to the bidder, that bidder will enter into the
contract for the work mentioned in the bid. The amount of the bid bond shall not exceed
five percent of the amount bid.
B. No forfeiture under a bid bond shall exceed the lesser of (i) the difference
between the bid for which the bond was written and the next low bid, or (ii) the face
amount of the bid bond.
C. Nothing in this section shall preclude a public body from requiring bid bonds
to accompany bids or proposals for construction contracts anticipated to be less than
$500,000 for non-transportation-related projects or $350,000 for transportation-related
projects authorized under Article 2 (§ 33.2-208 et seq.) of Chapter 2 of Title 33.2 of the
Code of Virginia (1950), as amended, and partially or wholly funded by the
Commonwealth.

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Section 33. Performance and payment bonds.
A. Upon the award of any (i) non-transportation-related public construction
contract exceeding $500,000 awarded to any prime contractor or (ii) transportationrelated project authorized pursuant to Article 2 (§ 33.2-208 et seq.) of Chapter 2 of Title
33.2 of the Code of Virginia (1950), as amended, exceeding $350,000 that is partially or
wholly funded by the Commonwealth, the contractor shall furnish to the public body the
following bonds:
1. A performance bond in the sum of the contract amount conditioned upon the
faithful performance of the contract in strict conformity with the plans, specifications and
conditions of the contract, unless the contract is an indefinite delivery or quantity
contract with a local public body and the local public body adopts an ordinance pursuant
to subsection G.
2. A payment bond in the sum of the contract amount, unless the contract is an
indefinite delivery or quantity contract with a local public body and the local public body
adopts an ordinance pursuant to subsection G. The bond shall be for the protection of
claimants who have and fulfill contracts to supply labor or materials to the prime
contractor to whom the contract was awarded, or to any subcontractors, in the
furtherance of the work provided for in the contract, and shall be conditioned upon the
prompt payment for all materials furnished or labor supplied or performed in the
furtherance of the work.
B. Each of the bonds shall be executed by one or more surety companies
selected by the contractor that are authorized to do business in Virginia.
C. If the public body is the Commonwealth, or any agency or institution thereof,
the bonds shall be payable to the Commonwealth of Virginia, naming also the agency or
institution thereof. Bonds required for the contracts of other public bodies shall be
payable to such public body.
D. Each of the bonds shall be filed with the public body that awarded the
contract, or a designated office or official thereof.
E. Nothing in this section shall preclude a public body from requiring payment or
performance bonds for construction contracts below $500,000 for non-transportationrelated projects or $350,000 for transportation-related projects authorized under Article
2 (§ 33.2-208 et seq.) of Chapter 2 of Title 33.2 of the Code of Virginia (1950), as
amended, and partially or wholly funded by the Commonwealth.
F. Nothing in this section shall preclude the contractor from requiring each
subcontractor to furnish a payment bond with surety thereon in the sum of the full
amount of the contract with such subcontractor conditioned upon the payment to all
persons who have and fulfill contracts that are directly with the subcontractor for
performing labor and furnishing materials in the prosecution of the work provided for in
the subcontract.
G. For indefinite delivery or quantity contracts awarded pursuant to subsection
A, any locality may by ordinance allow the contractor awarded such contract to furnish
to the local public body a performance bond and a payment bond, each of which shall
be equal to the dollar amount of the individual tasks identified in the underlying contract.
Such contractor shall not be required to pay the performance bond and payment bond
in the sum of the contract amount if the contracting locality has adopted such an
ordinance pursuant to this subsection. For purposes of this section, “indefinite delivery
or quantity contract” means a contract that only requires performance of contractual
obligations upon the request of the locality and which establishes an annual cap for the
total work that may be authorized for such contract.
Section 34. Alternative forms of security.
A. In lieu of a bid, payment, or performance bond, a bidder may furnish a
certified check or cash escrow in the face amount required for the bond.
B. If approved by the County Attorney, a bidder may furnish a personal bond,
property bond, or bank or savings institution’s letter of credit on certain designated
funds in the face amount required for the bid, payment or performance bond. Approval
shall be granted only upon a determination that the alternative form of security proffered
affords protection to the public body equivalent to a corporate surety’s bond.

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C. The provisions of this section shall not apply to the Department of
Transportation.
Section 35. Bonds on other than construction contracts.
A public body may require bid, payment, or performance bonds for contracts for
goods or services if provided in the Invitation to Bid or Request for Proposal.
Section 36. Action on performance bond.
No action against the surety on a performance bond shall be brought unless
within five years after completion of the contract. For the purposes of this section,
completion of the contract is the final payment to the contractor pursuant to the terms of
the contract. However, if a final certificate of occupancy, or written final acceptance of
the project, is issued prior to final payment, the five-year period to bring an action shall
commence no later than 12 months from the date of the certificate of occupancy or
written final acceptance of the project.
Section 37. Actions on payment bonds; waiver of right to sue.
A. Any claimant who has a direct contractual relationship with the contractor and
who has performed labor or furnished material in accordance with the contract
documents in the furtherance of the work provided in any contract for which a payment
bond has been given, and who has not been paid in full before the expiration of 90 days
after the day on which the claimant performed the last of the labor or furnished the last
of the materials for which he claims payment, may bring an action on the payment bond
to recover any amount due him for such labor or material. The obligee named in the
bond need not be named a party to the action.
B. Any claimant who has a direct contractual relationship with any subcontractor
but who has no contractual relationship, express or implied, with the contractor, may
bring an action on the contractor’s payment bond only if he has given written notice to
the contractor within 90 days from the day on which the claimant performed the last of
the labor or furnished the last of the materials for which he claims payment, stating with
substantial accuracy the amount claimed and the name of the person for whom the
work was performed or to whom the material was furnished. Notice to the contractor
shall be served by registered or certified mail, postage prepaid, in an envelope
addressed to such contractor at any place where his office is regularly maintained for
the transaction of business. Claims for sums withheld as retainages with respect to
labor performed or materials furnished, shall not be subject to the time limitations stated
in this subsection.
C. Any action on a payment bond must be brought within one year after the day
on which the person bringing such action last performed labor or last furnished or
supplied materials.
D. Any waiver of the right to sue on the payment bond required by this section
shall be void unless it is in writing, signed by the person whose right is waived, and
executed after such person has performed labor or furnished material in accordance
with the contract documents.
Section 38. Public inspection of certain records.
A. Except as provided in this section, all proceedings, records, contracts and
other public records relating to procurement transactions shall be open to the inspection
of any citizen, or any interested person, firm or corporation, in accordance with the
Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia (1950),
as amended).
B. Cost estimates relating to a proposed procurement transaction prepared by or
for a public body shall not be open to public inspection.
C. Any competitive sealed bidding bidder, upon request, shall be afforded the
opportunity to inspect bid records within a reasonable time after the opening of all bids
but prior to award, except in the event that the public body decides not to accept any of
the bids and to reopen the contract. Otherwise, bid records shall be open to public
inspection only after award of the contract.

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D. Any competitive negotiation offeror, upon request, shall be afforded the
opportunity to inspect proposal records within a reasonable time after the evaluation
and negotiations of proposals are completed but prior to award, except in the event that
the public body decides not to accept any of the proposals and to reopen the contract.
Otherwise, proposal records shall be open to public inspection only after award of the
contract.
E. Any inspection of procurement transaction records under this section shall be
subject to reasonable restrictions to ensure the security and integrity of the records.
F. Trade secrets or proprietary information submitted by a bidder, offeror or
contractor in connection with a procurement transaction or prequalification application
submitted pursuant to subsection B of § 2.2-4317 of the Code of Virginia (1950), as
amended, shall not be subject to the Virginia Freedom of Information Act (§ 2.2-3700 et
seq. of the Code of Virginia (1950), as amended); however, the bidder, offeror or
contractor shall (i) invoke the protections of this section prior to or upon submission of
the data or other materials, (ii) identify the data or other materials to be protected, and
(iii) state the reasons why protection is necessary. A bidder, offeror, or contractor shall
not designate as trade secrets or proprietary information (a) an entire bid, proposal, or
prequalification application; (b) any portion of a bid, proposal, or prequalification
application that does not contain trade secrets or proprietary information; or (c) line item
prices or total bid, proposal, or prequalification application prices.

ARTICLE 3.
Exemptions and Limitations.
Section 1. Compliance with conditions on federal grants or contracts.
Where a procurement transaction involves the expenditure of federal assistance
or contract funds, the receipt of which is conditioned upon compliance with mandatory
requirements in federal laws or regulations not in conformance with the provisions of
this ordinance, a public body may comply with such federal requirements,
notwithstanding the provisions of this ordinance, only upon the written determination of
the public body, that acceptance of the grant or contract funds under the applicable
conditions is in the public interest. Such determination shall state the specific provision
of this ordinance in conflict with the conditions of the grant or contract. The
determination shall be forwarded to the Scott County Purchasing Agent.
Section 2. Permitted contracts with certain religious organizations;
purpose; limitations.
A. It is the intent of the General Assembly, in accordance with the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, to
authorize public bodies to enter into contracts with faith-based organizations for the
purposes described in this section on the same basis as any other nongovernmental
source without impairing the religious character of such organization, and without
diminishing the religious freedom of the beneficiaries of assistance provided under this
section.
B. For the purposes of this section, “faith-based organization” means a religious
organization that is or applies to be a contractor to provide goods or services for
programs funded by the block grant provided pursuant to the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, P.L. 104-193.
C. Public bodies, in procuring goods or services, or in making disbursements
pursuant to this section, shall not (i) discriminate against a faith-based organization on
the basis of the organization’s religious character or (ii) impose conditions that (a)
restrict the religious character of the faith-based organization, except as provided in
subsection F, or (b) impair, diminish, or discourage the exercise of religious freedom by
the recipients of such goods, services, or disbursements.
D. Public bodies shall ensure that all invitations to bid, requests for proposals,

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contracts, and purchase orders prominently display a nondiscrimination statement
indicating that the public body does not discriminate against faith-based organizations.
E. A faith-based organization contracting with a public body (i) shall not
discriminate against any recipient of goods, services, or disbursements made pursuant
to a contract authorized by this section on the basis of the recipient’s religion, religious
belief, or refusal to participate in a religious practice or on the basis of race, age, color,
gender, sexual orientation, gender identity, or national origin and (ii) shall be subject to
the same rules as other organizations that contract with public bodies to account for the
use of funds provided; however, if the faith-based organization segregates public funds
into separate accounts, only the accounts and programs funded with public funds shall
be subject to audit by the public body. Nothing in clause (ii) shall be construed to
supersede or otherwise override any other applicable state law.
F. Consistent with the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, P.L. 104-193, funds provided for the expenditure pursuant to
contracts with public bodies shall not be spent for religious worship, instruction, or
proselytizing; however, this prohibition shall not apply to expenditures pursuant to
contracts, if any, for the services of chaplains.
G. Nothing in this section shall be construed as barring or prohibiting a faithbased organization from any opportunity to make a bid or proposal or contract on the
grounds that the faith-based organization has exercised the right, as expressed in 42
U.S.C. (§ 2000 e-1 et seq.), to employ persons of a particular religion.
H. If an individual, who applies for or receives goods, services, or
disbursements provided pursuant to a contract between a public body and a faith-based
organization, objects to the religious character of the faith-based organization from
which the individual receives or would receive the goods, services, or disbursements,
the public body shall offer the individual, within a reasonable period of time after the
date of his objection, access to equivalent goods, services or disbursements from an
alternative provider.
The public body shall provide to each individual who applies for or receives
goods, services, or disbursements provided pursuant to a contract between a public
body and a faith-based organization a notice in bold face type that states: “Neither the
public body’s selection of a charitable or faith-based provider of services nor the
expenditure of funds under this contract is an endorsement of the provider’s charitable
or religious character, practices, or expression. No provider of services may
discriminate against you on the basis of religion, a religious belief, or your refusal to
actively participate in a religious practice. If you object to a particular provider because
of its religious character, you may request assignment to a different provider. If you
believe that your rights have been violated, please discuss the complaint with your
provider or notify the appropriate person as indicated on this form.”
Section 3. Exceptions from competition for certain transactions.
A. Any public body may enter into contracts without competition for:
1. The purchase of goods or services that are produced or performed by:
a. Persons, or in schools or workshops, under the supervision of the Virginia
Department for the Blind and Vision Impaired; or
b. Employment services organizations that offer transitional or supported
employment services serving individuals with disabilities.
2. The purchase of legal services, provided that the pertinent provisions of
Chapter 5 of the Code of Virginia (§ 2.2-500 et seq.) remain applicable, or expert
witnesses or other services associated with litigation or regulatory proceedings.
B. The Scott County Economic Development Authority may enter into contracts
without competition with respect to any item of cost of “authority facilities” or “facilities”
as defined in § 15.2-4902 of the Code of Virginia (1950), as amended, or “facility” as
defined in § 15.2-6400 of the Code of Virginia (1950), as amended.
C. Any public body may enter into contracts without competitive sealed bidding
or competitive negotiation for insurance or electric utility services if purchased through
an association of which it is a member if the association was formed and is maintained
for the purpose of promoting the interest and welfare of and developing close
relationships with similar public bodies, provided that such association has procured the

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insurance or electric utility services by use of competitive principles and that the public
body has made a determination in advance after reasonable notice to the public and set
forth in writing that competitive sealed bidding and competitive negotiation are not
fiscally advantageous to the public. The writing shall document the basis for this
determination and shall be forwarded to the Scott County Purchasing Agent.
D. The Scott County Department of Social Services in administering public
assistance and social services programs as defined in § 63.2-100 of the Code of
Virginia (1950), as amended, community services boards as defined in § 37.2-100 of
the Code of Virginia (1950), as amended, or any public body purchasing services under
the Virginia Comprehensive Services Act for At-Risk Youth and Families (§ 2.2-5200 et
seq.) or the Virginia Juvenile Community Crime Control Act (§ 16.1-309.2 et seq.) for
goods or personal services for direct use by the recipients of such programs without
competitive sealed bidding or competitive negotiations if the procurement is made for an
individual recipient. Contracts for the bulk procurement of goods or services for the use
of recipients shall not be exempted from the requirements of Section 1, Article 2, of this
ordinance.
E. The Scott County School Board may authorize any or all of its public schools
to enter into contracts providing that caps and gowns, photographs, class rings,
yearbooks and graduation announcements will be available for purchase or rental by
students, parents, faculty or other persons using nonpublic money through the use of
competitive negotiation as provided in this ordinance, competitive sealed bidding not
necessarily being required for such contracts. The Virginia Superintendent of Public
Instruction may provide assistance to the Scott County Public School System regarding
this exception from competitive sealed bidding to permit competitive negotiation for such
contracts.
ARTICLE 4.
Prompt Payment.
Section 1. Definitions.
As used in this article, unless the context requires a different meaning:
“Construction contract” means a contract relating to the construction, alteration,
repair, or maintenance of a building, structure, or appurtenance to such building or
structure, including moving, demolition, and excavation connected with such building or
structure, or any provision contained in any contract relating to the construction of
projects other than buildings.
“Contractor” or “general contractor” means the entity who has a direct contract
with any public body as discussed in Section 5 of Article 4.
“Payment date” means either (i) the date on which payment is due under the
terms of a contract for provision of goods or services; or (ii) if such date has not been
established by contract, (a) 45 days after receipt of a proper invoice by the public body
or its agent responsible under the contract for approval of such invoices for the amount
of payment due, or (b) 45 days after receipt of the goods or services by the local
government, whichever is later.
“Subcontractor” means any entity that has a contract to supply labor or materials
to the contractor to whom the contract was awarded or to any subcontractor in the
performance of the work provided for in such contract.
Section 2. Exemptions.
The provisions of this article shall not apply to (i) the late payment provisions
contained in any public utility tariffs prescribed by the State Corporation Commission or
(ii) payments for services provided under the state plan for medical assistance identified
as potentially fraudulent, abusive, or erroneous in accordance with the program
established pursuant to § 32.1-319.1 of the Code of Virginia (1950), as amended, and
delayed until such time as the claim can be validated..
Section 3. Retainage to remain valid.

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Notwithstanding the provisions of this article, the provisions of this ordinance
relating to retainage shall remain valid.
Section 4. Prompt payment of bills by public bodies.
Every public body that acquires goods or services, or conducts any other type of
contractual business with a nongovernmental, privately owned enterprise, shall promptly
pay for the completed delivered goods or services by the required payment date. The
required payment date shall be either: (i) the date on which payment is due under the
terms of the contract for the provision of the goods or services; or (ii) if such date is not
established by contract, not more than forty-five days after goods or services are
received or not more than forty-five days after the invoice is rendered, whichever is
later.
Separate payment dates may be specified for contracts under which goods or
services are provided in a series of partial executions or deliveries to the extent that the
contract provides for separate payment for partial execution or delivery.
Within twenty days after the receipt of the invoice for goods or services, the
public body or its agent shall notify the supplier of any defect or impropriety that would
prevent payment by the payment date.
Unless otherwise provided under the terms of the contract for the provision of
goods or services, every public body that fails to pay by the payment date shall pay any
finance charges assessed by the supplier that shall not exceed one percent per month.
The provisions of this section shall not apply to the late payment provisions in
any public utility tariffs or public utility negotiated contracts.
Section 5. Date of postmark deemed to be date payment is made.
In those cases where payment is made by mail, the date of postmark shall be
deemed to be the date payment is made for purposes of this ordinance.
Section 6. Payment clauses to be included in contracts.
Any contract awarded by any agency of local government in accordance with
Article 4, Section 4 of this ordinance, shall include:
1. A payment clause that obligates the contractor on a construction contract, in
the event that the contractor has not received payment from the local government for
work performed by a subcontractor under such contract, to be liable for the entire
amount owed to such subcontractor and to pay such subcontractor within 60 days of the
receipt of an invoice following satisfactory completion of the work for which the
subcontractor has invoiced. Such contractor shall not be liable for amounts otherwise
reducible due to the subcontractor’s noncompliance with the terms of the contract.
However, in the event that the contractor withholds all or a part of the amount invoiced
by the subcontractor under the terms of the contract, the contractor shall notify the
subcontractor within 50 days of the receipt of such invoice, in writing, of his intention to
withhold all or a part of the subcontractor’s payment with the reason for nonpayment,
specifically identifying the contractual noncompliance, the dollar amount being withheld,
and the lower-tier subcontractor responsible for the contractual noncompliance.
Payment by the party contracting with the contractor shall not be a condition precedent
to payment to any lower-tier subcontractor, regardless of that contractor’s receiving
payment for amounts owed to that contractor. Any provision in a construction contract
contrary to this section shall be unenforceable. Nothing in this subdivision shall be
construed to (i) apply to or prohibit the inclusion of any retainage provisions in a
construction contract or (ii) apply to contracts awarded solely for professional services
as that term is defined in § 2.2-4301 of the Code of Virginia (1950), as amended, where
the public body is contracting directly with an architectural and engineering firm.
2. A payment clause that obligates the contractor to take one of the two following
actions within seven days after receipt of amounts paid to the contractor by the local
government for work performed by the subcontractor under that contract:
a. Pay the subcontractor for the proportionate share of the total payment
received from the agency attributable to the work performed by the subcontractor under
that contract; or

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b. Notify the agency of local government and subcontractor, in writing, of his
intention to withhold all or a part of the subcontractor’s payment with the reason for
nonpayment.
3. A payment clause that requires (i) individual contractors to provide their social
security numbers and (ii) proprietorships, partnerships, and corporations to provide their
federal employer identification numbers.
4. An interest clause that obligates the contractor to pay interest to the
subcontractor on all amounts owed by the contractor that remain unpaid after seven
days following receipt by the contractor of payment from the agency of local government
for work performed by the subcontractor under that contract, except for amounts
withheld as allowed in subdivision 2 of this section.
5. An interest rate clause stating, "Unless otherwise provided under the terms of
this contract, interest shall accrue at the rate of one percent per month."
Any such contract awarded shall further require the contractor to include in each
of its subcontracts a provision requiring each subcontractor to include or otherwise be
subject to the same payment and interest requirements with respect to each lower-tier
subcontractor.
A contractor’s obligation to pay an interest charge to a subcontractor pursuant to
the payment clause in this section shall not be construed to be an obligation of the
agency of local government. A contract modification shall not be made for the purpose
of providing reimbursement for the interest charge. A cost reimbursement claim shall
not include any amount for reimbursement for the interest charge.
ARTICLE 5.
Remedies.
Section 1. Ineligibility.
A. Any bidder, offeror or contractor refused permission to participate, or
disqualified from participation, in public contracts shall be notified in writing. Prior to the
issuance of a written determination of disqualification or ineligibility, the public body
shall (i) notify the bidder in writing of the results of the evaluation, (ii) disclose the factual
support for the determination, and (iii) allow the bidder an opportunity to inspect any
documents that relate to the determination, if so requested by the bidder within five
business days after receipt of the notice.
Within ten business days after receipt of the notice, the bidder may submit
rebuttal information challenging the evaluation. The public body shall issue its written
determination of disqualification or ineligibility based on all information in the possession
of the public body, including any rebuttal information, within five business days of the
date the public body received such rebuttal information.
If the evaluation reveals that the bidder, offeror or contractor should be allowed
permission to participate in the public contract, the public body shall cancel the
proposed disqualification action. If the evaluation reveals that the bidder should be
refused permission to participate, or disqualified from participation, in the public
contract, the public body shall so notify the bidder, offeror or contractor. The notice
shall state the basis for the determination, which shall be final unless the bidder appeals
the decision within ten days after receipt of the notice by invoking administrative
procedures meeting the standards of § 2.2-4365 of the Code of Virginia (1950), as
amended, if available, or in the alternative by instituting legal action as provided in §
2.2-4364 of the Code of Virginia (1950), as amended.
B. If, upon appeal, it is determined that the action taken was arbitrary or
capricious, or not in accordance with the Constitution of Virginia, applicable state law or
regulations, the sole relief shall be restoration of eligibility.
Section 2. Appeal of denial of withdrawal of bid.
A. A decision denying withdrawal of bid under the provisions of Section 20,
Article 2 of this ordinance shall be final and conclusive unless the bidder appeals the
decision within ten days after receipt of the decision by invoking administrative
procedures meeting the standards of Section 9, Article 5 of this ordinance, if available,

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or in the alternative by instituting legal action as provided in Section 8, Article 5 of this
ordinance.
B. If no bid bond was posted, a bidder refused withdrawal of a bid under the
provisions of this ordinance, prior to appealing, shall deliver to the public body a certified
check or cash bond in the amount of the difference between the bid sought to be
withdrawn and the next low bid. Such security shall be released only upon a final
determination that the bidder was entitled to withdraw the bid.
C. If, upon appeal, it is determined that the decision refusing withdrawal of the
bid was not (i) an honest exercise of discretion, but rather was arbitrary or capricious or
(ii) in accordance with the Constitution of Virginia, applicable state law or regulation, or
the terms or conditions of the Invitation to Bid, the sole relief shall be withdrawal of the
bid.
Section 3. Determination of nonresponsibility.
A. Following public opening and announcement of bids received on an Invitation
to Bid, the public body shall evaluate the bids in accordance with element 4 of the
definition of “Competitive sealed bidding” in Section 3, Article 1 of this ordinance. At the
same time, the public body shall determine whether the apparent low bidder is
responsible. If the public body so determines, then it may proceed with an award in
accordance with element 5 of the definition of “Competitive sealed bidding” in Section 3,
Article 1 of this ordinance. If the public body determines that the apparent low bidder is
not responsible, it shall proceed as follows:
1. Prior to the issuance of a written determination of nonresponsibility, the public
body shall (i) notify the apparent low bidder in writing of the results of the evaluation, (ii)
disclose the factual support for the determination, and (iii) allow the apparent low bidder
an opportunity to inspect any documents that relate to the determination, if so requested
by the bidder within five business days after receipt of the notice.
2. Within ten business days after receipt of the notice, the bidder may submit
rebuttal information challenging the evaluation. The public body shall issue its written
determination of responsibility based on all information in the possession of the public
body, including any rebuttal information, within five business days of the date the public
body received the rebuttal information. At the same time, the public body shall notify,
with return receipt requested, the bidder in writing of it determination.
3. Such notice shall state the basis for the determination, which shall be final
unless the bidder appeals the decision within ten days after receipt of the notice by
invoking administrative procedures meeting the standards of Section 9, Article 5 of this
ordinance, if available, or in the alternative by instituting legal action as provided in
Section 8, Article 5 of this ordinance.
The provisions of this subsection shall not apply to procurements involving the
prequalification of bidders and the rights of any potential bidders under such
prequalification to appeal a decision that such bidders are not responsible.
B. If, upon appeal pursuant to Section 8 or Section 9, Article 5, it is determined
that the decision of the public body was not (i) an honest exercise of discretion, but
rather was arbitrary or capricious or (ii) in accordance with the Constitution of Virginia,
applicable state law or regulation, or the terms of the Invitation to Bid, and the award of
the contract in question has not been made, the sole relief shall be a finding that the
bidder is a responsible bidder for the contract in question or directed award as provided
in subsection A of Section 8, Article 5 of this ordinance or both.
If it is determined that the decision of the public body was not an honest exercise
of discretion, but rather was arbitrary or capricious or not in accordance with the
Constitution of Virginia, applicable state law or regulation, or the terms or conditions of
the Invitation to Bid, and an award of the contract has been made, the relief shall be as
set forth in subsection B of Section 4, Article 5 of this ordinance.
C. A bidder contesting a determination that he is not a responsible bidder for a
particular contract shall proceed under this section, and may not protest the award or
proposed award under Section 4, Article 5 of this ordinance.
D. Nothing contained in this section shall be construed to require a public body,
when procuring by competitive negotiation, to furnish a statement of the reasons why a
particular proposal was not deemed to be the most advantageous.

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E. Any determination that a low bidder is not responsible that uses such factors
listed in the Invitation to Bid as a basis for its decision shall be presumptively considered
an honest exercise of discretion.
Section 4. Protest of award or decision to award.
A. Any bidder or offeror, who desires to protest the award or decision to award a
contract shall submit such protest in writing to the public body, or an official designated
by the public body, no later than ten days after the award or the announcement of the
decision to award, whichever occurs first. Public notice of the award or the
announcement of the decision to award shall be given by the public body in the manner
prescribed in the terms or conditions of the Invitation to Bid or Request for Proposal.
Any potential bidder or offeror on a contract negotiated on a sole source or emergency
basis who desires to protest the award or decision to award such contract shall submit
the protest in the same manner no later than ten days after posting or publication of the
notice of such contract as provided in Section 1, Article 2 of this ordinance. However, if
the protest of any actual or potential bidder or offeror depends in whole or in part upon
information contained in public records pertaining to the procurement transaction that
are subject to inspection under Section 32, Article 2 of this ordinance, then the time
within which the protest shall be submitted shall expire ten days after those records are
available for inspection by such bidder or offeror under said Section 32, or at such later
time as provided in this section. No protest shall lie for a claim that the selected bidder
or offeror is not a responsible bidder or offeror. The written protest shall include the
basis for the protest and the relief sought. The public body or designated official shall
issue a decision in writing within ten days stating the reasons for the action taken. This
decision shall be final unless the bidder or offeror appeals within ten days of receipt of
the written decision by invoking administrative procedures meeting the standards of
Section 9, Article 5 of this ordinance, if available, or in the alternative by instituting legal
action as provided in Section 8, Article 5 of this ordinance. Nothing in this subsection
shall be construed to permit a bidder to challenge the validity of the terms or conditions
of the Invitation to Bid or Request for Proposal.
B. If prior to an award it is determined that the decision to award is arbitrary or
capricious, then the sole relief shall be a finding to that effect. The public body shall
cancel the proposed award or revise it to comply with the law. If, after an award, it is
determined that an award of a contract was arbitrary or capricious, then the sole relief
shall be as hereinafter provided.
Where the award has been made but performance has not begun, the
performance of the contract may be enjoined. Where the award has been made and
performance has begun, the public body may declare the contract void upon a finding
that this action is in the best interest of the public. Where a contract is declared void,
the performing contractor shall be compensated for the cost of performance up to the
time of such declaration. In no event shall the performing contractor be entitled to lost
profits.
C. Where a public body or an official designated by that public body determines,
after a hearing held following reasonable notice to all bidders, that there is probable
cause to believe that a decision to award was based on fraud or corruption or on an act
in violation of Article 6 of this ordinance, the public body or the designated official may
enjoin the award of the contract to a particular bidder.
Section 5. Effect of appeal upon contract.
Pending final determination of a protest or appeal, the validity of a contract
awarded and accepted in good faith in accordance with this ordinance shall not be
affected by the fact that a protest or appeal has been filed.
Section 6. Stay of award during protest.
An award need not be delayed for the period allowed a bidder or offeror to
protest, but in the event of a timely protest as provided in Section 4, Article 5 of this
ordinance, or the filing of a timely legal action as provided in Section 8, Article 5 of this
ordinance, no further action to award the contract will be taken unless there is a written

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determination that proceeding without delay is necessary to protect the public interest or
unless the bid or offer would expire.
Section 7. Contractual disputes.
A. Contractual claims, whether for money or other relief, shall be submitted in
writing no later than 60 days after final payment. However, written notice of the
contractor’s intention to file a claim shall be given at the time of the occurrence or
beginning of the work upon which the claim is based. Nothing herein shall preclude a
contract from requiring submission of an invoice for final payment within a certain time
after completion and acceptance of the work or acceptance of the goods. Pendency of
claims shall not delay payment of amounts agreed due in the final payment.
B. Each public body shall include in its contracts a procedure for consideration of
contractual claims. Such procedure, which may be contained in the contract or may be
specifically incorporated into the contract by reference and made available to the
contractor, shall establish a time limit for a final decision in writing by the public body. If
the public body has established administrative procedures meeting the standards of
Section 9, Article 5 of this ordinance, such procedures shall be contained in the contract
or specifically incorporated in the contract by reference and made available to the
contractor.
C. If, however, the public body fails to include in its contracts a procedure for
consideration of contractual claims, the following procedure shall apply:
1. Contractual claims, whether for money or other relief, shall be submitted in
writing no later than 60 days after receipt of final payment; however, written notice of the
contractor’s intention to file a claim shall be given at the time of the occurrence or at the
beginning of the work upon which the claim is based.
2. No written decision denying a claim or addressing issues related to the claim
shall be considered a denial of the claim unless the written decision is signed by the
public body’s chief administrative officer or his designee. The contractor may not
institute legal action prior to receipt of the final written decision on the claim unless the
public body fails to render a decision within 90 days of submission of the claim. Failure
of the public body to render a decision within 90 days shall not result in the contractor
being awarded the relief claimed or in any other relief or penalty. The sole remedy for
the public body’s failure to render a decision within 90 days shall be the contractor’s
right to institute immediate legal action.
D. A contractor may not invoke administrative procedures meeting the standards
of Section 9, Article 5 of this ordinance, if available, or institute legal action as provided
in Section 8, Article 5 of this ordinance, prior to receipt of the public body’s decision on
the claim, unless the public body fails to render such decision within the time specified
in the contract or, if no time is specified, then within the time provided by subsection C.
A failure of the public body to render a final decision within the time provided in
subsection C shall be deemed a final decision denying the claim by the public body.
E. The decision of the public body shall be final and conclusive unless the
contractor appeals within six months of the date of the final decision on the claim by the
public body by invoking administrative procedures meeting the standards of Section 9,
Article 5 of this ordinance, if available, or in the alternative by instituting legal action as
provided in Section 8, Article 5 of this ordinance.
Section 8. Legal actions.
A. A bidder or offeror, actual or prospective, who is refused permission or
disqualified from participation in bidding or competitive negotiation, or who is
determined not to be a responsible bidder or offeror for a particular contract, may bring
an action in the Scott County Circuit Court challenging that decision, which shall be
reversed only if the petitioner establishes that the decision was not (i) an honest
exercise of discretion, but rather was arbitrary or capricious; (ii) in accordance with the
Constitution of Virginia, applicable state law or regulation, or the terms or conditions of
the Invitation to Bid; or (iii) in the case of denial or prequalification, based upon the
criteria for denial of prequalification set forth in subsection B of Section 13, Article 2 of
this ordinance. In the event the apparent low bidder, having been previously
determined by the public body to be not responsible in accordance with Section 3,

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Article 1 of this ordinance, is found by the court to be a responsible bidder, the court
may direct the public body to award the contract to such bidder in accordance with the
requirements of this section and the Invitation to Bid.
B. A bidder denied withdrawal of a bid under Section 20, Article 2, of this
ordinance may bring an action in the Scott County Circuit Court challenging that
decision, which shall be reversed only if the bidder establishes that the decision of the
public body was not (i) an honest exercise of discretion, but rather was arbitrary or
capricious or (ii) in accordance with the Constitution of Virginia, applicable state law or
regulation, or the terms or conditions of the Invitation to Bid.
C. A bidder, offeror or contractor, or a potential bidder or offeror on a contract
negotiated on a sole source or emergency basis in the manner provided in Section 1,
Article 2 of this ordinance, whose protest of an award or decision to award under
Section 4, Article 5 is denied, may bring an action in the Scott County Circuit Court
challenging a proposed award or the award of a contract, which shall be reversed only if
the petitioner establishes that the proposed award or the award is not (i) an honest
exercise of discretion, but rather is arbitrary or capricious or (ii) in accordance with the
Constitution of Virginia, applicable state law or regulation or the terms and conditions of
the Invitation to Bid or Request for Proposal.
D. If injunctive relief is granted, the court, upon request of the public body, shall
require the posting of reasonable security to protect the public body.
E. A contractor may bring an action involving a contract dispute with a public
body in the Scott County Circuit Court.
F. A bidder, offeror or contractor need not utilize administrative procedures
meeting the standards of Section 9, Article 5 of this ordinance, if available, but if those
procedures are invoked by the bidder, offeror or contractor, the procedures shall be
exhausted prior to instituting legal action concerning the same procurement transaction
unless the public body agrees otherwise.
G. Nothing herein shall be construed to prevent a public body from instituting
legal action against a contractor.
Section 9. Administrative appeals procedure.
A. By resolution, the public body may establish an administrative procedure for
hearing (i) protests of a decision to award or an award, (ii) appeals from refusals to
allow withdrawal of bids, (iii) appeals from disqualifications and determinations of
nonresponsibility, (iv) and appeals from decisions on disputes arising during the
performance of a contract, or (v) any of these. Such administrative procedure shall
provide for a hearing before a disinterested person or panel, the opportunity to present
pertinent information and the issuance of a written decision containing findings of fact.
The disinterested person or panel shall not be an employee of the governmental entity
against whom the claim has been filed. The findings of fact shall be final and conclusive
and shall not be set aside unless the same are (a) fraudulent, arbitrary or capricious; (b)
so grossly erroneous as to imply bad faith; or (c) in the case of denial of prequalification,
the findings were not based upon the criteria for denial of prequalification set forth in
Section 13, Article 2 of this Ordinance. No determination on an issue of law shall be
final if appropriate legal action is instituted in a timely manner.
B. Any party to the administrative procedure, including the public body, shall be
entitled to institute judicial review if such action is brought within thirty days of receipt of
the written decision.
Section 10. Alternative dispute resolution.
Public bodies may enter into agreements to submit disputes arising from
contracts entered into pursuant to this chapter to arbitration and to utilize mediation and
other alternative dispute resolution procedures. Alternative dispute resolution
procedures entered into by school boards shall be nonbinding.

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ARTICLE 6.
Ethics in Public Contracting.
Section 1. Purpose.
The provisions of this article supplement, but do not supersede, other provisions
of law including, but not limited to, the Virginia State and Local Government Conflict of
Interests Act (§ 2.2-3100 et seq. of the Code of Virginia), the Virginia Governmental
Frauds Act (§ 18.2-498.1 et seq. of the Code of Virginia), and Articles 2 (§ 18.2-438 et
seq.) and 3 (§ 18.2-446 et seq.) of Chapter 10 of Title 18.2 of the Code of Virginia.
The provisions of this article apply notwithstanding the fact that the conduct
described may not constitute a violation of the Virginia State and Local Government
Conflict of Interests Act.
Section 2. Definitions.
As used in this this article.
“Immediate family” means a spouse, children, parents, brothers and sisters, and
any other person living in the same household as the employee.
“Official responsibility” means administrative or operating authority, whether
intermediate or final, to initiate, approve, disapprove or otherwise affect a procurement
transaction, or any claim resulting therefrom.
“Pecuniary interest arising from the procurement” means a personal interest in a
contract as defined in the Virginia State and Local Government Conflict of Interests Act
(§ 2.2-3100 et seq. of the Code of Virginia).
“Procurement transaction” means all functions that pertain to the obtaining of any
goods, services or construction, including description of requirements, selection and
solicitation of sources, preparation and award of contract, and all phases of contract
administration.
“Public employee” means any person employed by a public body, including
elected officials or appointed members of public bodies.
Section 3. Proscribed participation by public employees in procurement
transactions.
Except as may be specifically allowed by subdivisions B 1, 2, and 3 of § 2.2-3112
of the Code of Virginia (1950), as amended, no public employee having official
responsibility for a procurement transaction shall participate in that transaction on behalf
of the public body when the employee knows that:
1. The employee is contemporaneously employed by a bidder, offeror or
contractor involved in the procurement transaction;
2. The employee, the employee’s partner, or any member of the employee’s
immediate family holds a position with a bidder, offeror or contractor such as an officer,
director, trustee, partner or the like, or is employed in a capacity involving personal and
substantial participation in the procurement transaction, or owns or controls an interest
of more than five percent;
3. The employee, the employee’s partner, or any member of the employee’s
immediate family has a pecuniary interest arising from the procurement transaction;
4. The employee, the employee’s partner, or any member of the employee’s
immediate family is negotiating, or has an arrangement concerning, prospective
employment with a bidder, offeror or contractor.
Section 4. Disclosure of subsequent employment.
No public employee or former public employee having official responsibility for
procurement transactions shall accept employment with any bidder, offeror or contractor
with whom the employee or former employee dealt in an official capacity concerning
procurement transactions for a period of one year from the cessation of employment by
the public body unless the employee or former employee provides written notification to
the public body, or a public official if designated by the public body, or both, prior to
commencement of employment by that bidder, offeror or contractor.

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Section 5. Prohibition on solicitation or acceptance of gifts; gifts by
bidders, offerors, contractor or subcontractor prohibited.
A. No public employee having official responsibility for a procurement
transaction shall solicit, demand, accept, or agree to accept from a bidder, offeror,
contractor or subcontractor any payment, loan, subscription, advance, deposit of
money, services or anything of more than nominal or minimal value, present or
promised, unless consideration of substantially equal or greater value is exchanged.
The public body may recover the value of anything conveyed in violation of this
subsection.
B. No bidder, offeror, contractor or subcontractor shall confer upon any public
employee having official responsibility for a procurement transaction any payment, loan,
subscription, advance, deposit of money, services or anything of more than nominal
value, present or promised, unless consideration of substantially equal or greater value
is exchanged.
Section 6. Kickbacks.
A. No contractor or subcontractor shall demand or receive from any of his
suppliers or his subcontractors, as an inducement for the award of a subcontract or
order, any payment, loan, subscription, advance, deposit of money, services or
anything, present or promised, unless consideration of substantially equal or greater
value is exchanged.
B. No subcontractor or supplier shall make, or offer to make, kickbacks as
described in this section.
C. No person shall demand or receive any payment, loan, subscription,
advance, deposit of money, services or anything of value in return for an agreement not
to compete on a public contract.
D. If a subcontractor or supplier makes a kickback or other prohibited payment
as described in this section, the amount thereof shall be conclusively presumed to have
been included in the price of the subcontract or order and ultimately borne by the public
body and will be recoverable from both the maker and recipient. Recovery from one
offending party shall not preclude recovery from other offending parties.
Section 7. Participation in bid preparation; limitation on submitting bid for
same procurement.
No person who, for compensation, prepares an invitation to bid or request for
proposal for or on behalf of a public body shall (i) submit a bid or proposal for that
procurement or any portion thereof or (ii) disclose to any bidder or offeror information
concerning the procurement that is not available to the public. However, a public body
may permit such person to submit a bid or proposal for that procurement or any portion
thereof if the public body determines that the exclusion of the person would limit the
number of potential qualified bidders or offerors in a manner contrary to the best
interests of the public body.
Section 8. Purchase of building materials, etc., from architect or engineer
prohibited.
A. No building materials, supplies or equipment for any building or structure
constructed by or for a public body shall be sold by or purchased from any person
employed as an independent contractor by the public body to furnish architectural or
engineering services, but not construction, for such building or structure or from any
partnership, association or corporation in which such architect or engineer has a
personal interest as defined in § 2.2-3101 of the Code of Virginia (1950), as amended.
B. No building materials, supplies or equipment for any building or structure
constructed by or for a public body shall be sold by or purchased from any person who
has provided or is currently providing design services specifying a sole source for such
materials, supplies or equipment to be used in the building or structure to the
independent contractor employed by the public body to furnish architectural or
engineering services in which such person has a personal interest as defined in § 2.23101 of the Code of Virginia (1950), as amended.

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C. The provisions of subsections A and B herein shall not apply in cases of
emergency.
Section 9. Certification of compliance required; penalty for false
statements.
A. Public bodies may require public employees having official responsibility for
procurement transactions in which they participated to annually submit for such
transactions a written certification that they complied with the provisions of this article.
B. Any public employee required to submit a certification as provided in
subsection A of this section who knowingly makes a false statement in the certification
shall be punished as provided in Section 12, Article 6 of this ordinance.
Section 10. Misrepresentations prohibited.
No public employee having official responsibility for a procurement transaction
shall knowingly falsify, conceal, or misrepresent a material fact; knowingly make any
false, fictitious or fraudulent statements or representations; or make or use any false
writing or document knowing it to contain any false, fictitious or fraudulent statement or
entry.

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Section 11. Penalty for violation.
Any person convicted of a willful violation of any provision of this article shall be
guilty of a Class 1 misdemeanor. Upon conviction, any public officer or employee, in
addition to any other fine or penalty provided by law, shall forfeit his/her employment.
ARTICLE 7.
Construction Management and Design-Build Contracting
Section 1. Definitions.
As used in this article, unless the context requires a different meaning:
"Complex project" means a construction project that includes one or more of the
following significant components: difficult site location, unique equipment, specialized
building systems, multifaceted program, accelerated schedule, historic designation, or
intricate phasing or some other aspect that makes the design-bid-build project delivery
method not practical.
"Construction management contract" means a contract in which a party is
retained by the owner to coordinate and administer contracts for construction services
for the benefit of the owner and may also include, if provided in the contract, the
furnishing of construction services to the owner.
"Department" means the Department of General Services.
“Design-bid-build” means a project delivery method in which a public body
sequentially awards two separate contracts, the first for professional services to design
the project and the second utilizing competitive sealed bidding for construction of the
project according to the design.
"Design-build contract" means a contract between a public body and another
party in which the party contracting with the public body agrees to both design and build
the structure, or other item specified in the contract.
“Division” means the Division of Engineering and Buildings of the Department of
General Services as established by § 2.2-1129 of the Code of Virginia (1950), as
amended.
"Public body" means the same as that term is defined in § 2.2-4301 of the Code
of Virginia (1950), as amended.
"State public body" means any authority, board, department, instrumentality,
agency, or other unit of state government. "State public body" does not include any
covered institution; any county, city, or town; or any local or regional governmental
authority.
Section 2. Design-build or construction management contracts for local
public bodies authorized.
A. Any local public body may enter into a contract for construction on a fixed
price or not-to-exceed price construction management or design-build basis, provided
that the local public body (i) receives approval, if required, as provided in subsection
(B), (ii) complies with the requirements of this article, and (iii) has by ordinance or
resolution implemented procedures consistent with the procedures adopted by the
Secretary of Administration for utilizing construction management or design-build
contracts.
B. If a local public body is required to obtain approval from its local governing
body to enter into a contract for construction using construction management or designbuild, then the local governing body shall adopt a resolution or motion on a per project
basis in a public forum to that effect prior to issuing a Request for Qualifications.
C. Prior to making a determination as to the use of construction management or
design-build for a specific construction project, a local public body shall have in its
employ or under contract a licensed architect or engineer with professional competence
appropriate to the project who shall (i) advise such public body regarding the use of
construction management or design-build for that project and (ii) assist such public body
with the preparation of the Request for Proposal and the evaluation of such proposals.
D. A written determination shall be made in advance by the local public body that
the design-bid-build project delivery method is not practicable or fiscally advantageous,

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and such writing shall document the basis for the determination to utilize construction
management or design-build, including the determination of the project’s complexity.
The determination shall be included in the Request for Qualifications and be maintained
in the procurement file.
E. Procedures adopted by a local public body for construction management or
design-build pursuant to this article shall include the following requirements:
1. Construction management or design-build may be utilized on projects,
provided that (i) the project is a complex project and (ii) the procurement method for the
project is approved by the local governing body. The written approval of the governing
body shall be maintained in the procurement file;
2. Public notice of the Request for Qualifications is posted on the Department's
central electronic procurement website known as eVA, or the local public body’s own
website, at least 30 days prior to the date set for receipt of qualification proposals;
3. The construction management contract is entered into no later than the
completion of the schematic phase of design, unless prohibited by authorization of
funding restrictions;
4. Prior construction management or design-build experience or previous
experience with the Division shall not be considered as a prerequisite or factor
considered for prequalification of a contract. However, in the selection of a contractor,
the local public body may consider the experience of each contractor on comparable
construction management or design-build projects;
5. Construction management contracts shall require that (i) no more than 10
percent of the construction work, as measured by the cost of the work, be performed by
the construction manager with its own forces and (ii) the remaining 90 percent of the
construction work, as measured by the cost of the work, be performed by
subcontractors of the construction manager, which the construction manager shall
procure by publicly advertised, competitive sealed bidding to the maximum extent
practicable. The provisions of this subdivision shall not apply to construction
management contracts involving infrastructure projects;
6. The procedures allow for a two-step competitive negotiation process;
7. Price is a critical basis for award of the contract; and
8. The procedures allow the local public body to post on the Department’s central
electronic procurement website known as eVA, or the local public body’s own website,
when and where the general contractor plans to advertise bid packages for
subcontracting opportunities when appropriate.
F. Procedures adopted by a local public body for design-build construction
projects shall include a two-step competitive negotiation process consistent with the
standards established by the Division of Engineering and Buildings of the Department
for state public bodies.
ARTICLE 8.
Reporting Requirements for All Public Bodies
Section 1. Reporting requirements.
All public bodies subject to the provisions of this chapter shall report no later than
November 1 of each year to the Director of the Department on all completed capital
projects in excess of $2 million, which report shall include at a minimum (i) the
procurement method utilized, (ii) the project budget, (iii) the actual project cost, (iv) the
expected timeline, (v) the actual completion time, (vi) if such project was a construction
management or design-build project, the qualifications that made the project complex,
and (vii) any post-project issues.
ARTICLE 9.
Severability and Effective Date
Section 1. Severability.

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If any section, article, paragraph, sentence, phrase or word of this ordinance is
declared unconstitutional or otherwise invalid by a court of competent jurisdiction, such
judgment or decree shall not affect the validity of any other portions of said ordinance.
Section 2. Effective date.
This ordinance shall be effective upon its date of adoption and shall supersede
prior Scott County Public Procurement Ordinances and Resolutions which were
previously adopted pursuant to the Virginia Public Procurement Act.

Voting aye:

Darrel W. Jeter, L. Michele Glover, Eddie N. Skeen, Michael K. Brickey,
Danny M. Casteel, Christopher S. Maness, and Stefanie C. Addington.

Voting nay:

None.

Chairman Maness opened a public hearing to receive comments on the possible adoption of an Ordinance
to Amend the Scott County Subdivision Ordinance to add a clarification regarding private streets in Section 3-1-11
Construction and Design Requirements for streets.

An unidentified person asked if a private street is the same as an unpaved street.
The County Attorney confirmed that.

Hearing no further comments, Chairman Maness closed the public hearing.

On a motion by Darrel W. Jeter, duly seconded by L. Michele Glover, this Board hereby
adopts the following:

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ORDINANCE NO. 2026-05
ORDINANCE TO AMEND THE SCOTT COUNTY
SUBDIVISION ORDINANCE
IT IS ORDAINED BY THE BOARD OF SUPERVISORS OF SCOTT COUNTY THAT
THE SCOTT COUNTY SUBDIVISION ORDINANCE IS AMENDED AT SECTIONS 3-1-11
Construction and Design Requirements for Streets; 4-5 Amendments; and 4-6 Effective Date,
AND THE ENTIRE ORDINANCE AS THUS AMENDED EFFECTIVE ON DATE OF
ADOPTION SHALL READ AS FOLLOWS:

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SCOTT COUNTY, VIRGINIA
SUBDIVISION ORDINANCE
ARTICLE I AUTHORITY, PURPOSE, TITLE AND ADMINISTRATION
1-1

AUTHORITY

An ordinance to regulate the subdivision of property into lots, streets, alleys, and other public
areas, to provide for the making and recording of plats of such subdivisions and the certification
of same and provide for the approval of plats, and to provide for minimum standards of public
improvements in subdivisions.
Whereas, pursuant to Title 15.2, Chapter 22, Article 6 “Land Subdivision and Development” of
the Code of Virginia (1950), amended, Section 15.2-2240, et seq., the governing body of Scott
County, Virginia, is authorized to adopt regulations to provide:
(a)

For size, scale and other plat details;

(b)

For the orderly development of the general area;

(c)

For the coordination of streets within the subdivision with other existing or planned
streets within the general area as to location, widths, grades, and drainage;

(d)

For adequate provision for drainage and flood control and other public purposes, and for
light and air;

(e)

For the extent to which and the manner in which streets shall be graded, graveled or
otherwise improved and water and storm and sanitary sewer and other utilities or other
facilities installed;

(f)

For the acceptance of dedication for the public use of any right-of-way located within any
subdivision which has constructed therein, or proposed to be constructed therein, any
street, curb, gutter, sidewalk, drainage or sewerage system or other improvement,
financed or to be financed in whole or in part by private funds only if the owner or
developer (1) certifies to the governing body that the construction costs have been paid to
the persons constructing such facilities, or (2) furnishes to the governing body a certified
check in the amount of the estimated costs of construction or a bond, with the surety
satisfactory to the governing body, in an amount sufficient for and conditioned upon the
construction of such facilities and the contractor’s bond, with like surety, in like amount
and so conditioned;

(g)

For monuments of specific types to be installed establishing street and property lines;

(h)

That unless a plat be filed for recordation within a reasonable time after the final approval
thereof such approval shall be withdrawn and the plat marked void and returned by the
approving official; and

(i)

For the administration and enforcement of such ordinance, not inconsistent with
provisions contained in this act.
Therefore, be it ordained by the governing body of Scott County, Virginia, that the
following regulations are hereby adopted for the subdivision of land within the
unincorporated territory of Scott County, Virginia, and that from and after the effective
date of this ordinance, every owner or proprietor of any tract of land to which these
regulations apply who subdivides such tract as provided in these regulations shall cause a
plat of such subdivisions developed and prepared in accordance with these regulations,

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with reference to known or permanent monuments, to be made and recorded in the office
of the Clerk of the Court wherein deeds conveying such land are required by law to be
recorded.
1-2

PURPOSE AND TITLE

The purpose of this ordinance is to establish certain subdivision standards and procedures for
Scott County, Virginia, and such of its environs as come under the jurisdiction of the governing
body as provided for by the 1950 Code of Virginia, as amended.
These are to guide and facilitate the orderly beneficial growth of the County, and to promote the
public health, safety, convenience, comfort, prosperity and general welfare. More specifically,
the purpose of these standards and procedures is to provide a guide for the change in character
that occurs when lands and acreage are developed for residential, business, or industrial
purposes, to provide assurance that the purchasers of lots are buying a commodity that is suitable
for development and use; and to make possible the provision of public services in a safe,
adequate, and efficient manner. Subdivided land must be maintained and numerous public
services customary to such areas must be provided. This ordinance is to assist the County in
meeting these responsibilities.
This ordinance is known and may be cited as the “Subdivision Ordinance of Scott County,
Virginia.”
1-3

ADMINISTRATION

1-3-1 ADMINISTRATOR
The Administrator appointed by the governing body is hereby appointed to administer this
ordinance. In so doing, the Administrator shall be considered the agent of the governing body,
and approval or disapproval by the agent shall constitute approval or disapproval as though it
were given by the governing body. The agent shall also consult with the County Administrator
on matters contained herein.
1-3-2 DUTIES
The Administrator shall perform its duties as regards subdivisions and subdividing in accordance
with this ordinance and the Land Subdivision and Development Act.
1-3-3 TO CONSULT
In the performance of its duties, the Administrator may call for opinions or decisions, either
verbal or written from other departments in considering details of any submitted plat. This
authority of the agent shall have particular reference to the Scott County Planning Commission,
Residency Administrator for Virginia Department of Transportation, Scott County Health
Department, and the County Administrator of Scott County.
1-3-4 ADDITIONAL AUTHORITY
In addition to the regulations herein contained for the platting of the subdivisions, the agent may,
from time to time, with the approval of the governing body establish any reasonable additional
administrative procedures deemed necessary for the proper administration of this ordinance.
ARTICLE II PROCEDURE FOR MAKING, RECORDING & APPROVAL OF PLATS
2-1

GENERAL

The procedure for review and approval of a proposed subdivision under the terms of this
ordinance consists of three separate steps. The initial step is the preparation and submission to
the Administrator of a preliminary sketch plat showing information as required herein. The

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second step is preparation and submission to the Administrator of a preliminary plat unless a
waiver is obtained as hereinafter provided. The third step is submission to the Administrator of a
final plat together with such additional materials as are required for final plats. When approved,
the final plat becomes the instrument to be recorded in the Clerk’s office of Scott County and
must show written certification by the Administrator of said approval.
It is the intent of this ordinance to provide procedures for review and approval of proposed
subdivisions in the most expeditious manner consistent with the legislative purposes of this
ordinance. To this end, the subdivider is encouraged to consult early and informally with the
Administrator for advice and assistance in preparation for any of the steps required herein. The
requirements for submission and approval of preliminary sketch plats and preliminary plats shall
be liberally construed to eliminate unnecessary, time consuming or costly requirements not
consistent with the general legislative intent of this ordinance.
2-2

PRELIMINARY SKETCH PLATS AND PRELIMINARY PLATS

2-2-1 PRELIMINARY SKETCH PLATS
The subdivider shall submit to the Administrator two (2) copies of a preliminary sketch plat
showing, but not limited to, the following information:
(a)

Name of subdivision, owner or subdivider, date and north point.

(b)

Location of proposed subdivision by an inset map drawn approximately to scale showing
adjoining roads, towns, subdivisions, and sufficient other landmarks to clearly identify
the location of the proposed subdivision.

(c)

The boundaries of the tract or part thereof to be subdivided drawn to scale with sufficient
survey information to reproduce said boundary at another scale.

(d)

Sketches of all existing, platted and proposed streets, and their widths; natural water
courses and other major landmarks.

(e)

Description of method and facilities for providing potable water and method and facilities
for sewage disposal.

(f)

Any area which may be subject to inundation by flood as defined in Article V, Section
18, of this ordinance.

(g)

Such other information as the Administrator may require, if the subdivider is seeking a
waiver of the requirement for a preliminary plat.

2-2-2 PRELIMINARY PLATS & DATA SHEETS, NUMBER SIZE AND FILING
REQUIREMENTS
The subdivider shall submit to the Administrator three copies of a preliminary plat of the
proposed subdivision drawn on white paper, or on a print of a topographic map of the property to
a scale of not less than one (1) inch equal one hundred (100) feet. A preliminary plat shall not be
acceptable for submission unless it meets all the required standards of design and unless it
contains all the required information or a written request for a variance from each specific
deviation from the requirements with reasons therefore.
2-2-3 REQUIRED INFORMATION TO BE SHOWN ON PRELIMINARY PLATS AND
DATA SHEETS
The preliminary plat and data sheets shall show improvements meeting the minimum standards
of design as set forth in Article III and the general requirements for the construction of public
improvements as set forth in the Appendix and shall give the following information insofar as
applicable:

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(a)

Name of subdivision, owner, subdivider, surveyor, or engineer, date of drawing, number
of streets, north point and scale. If true north is used, method of determination must be
shown.

(b)

Location of proposed subdivision by an inset map at a scale of not less than one (1) inch
equal to two thousand (2,000) feet showing adjoining roads, their names and numbers,
towns, subdivisions, and other landmarks.

(c)

The boundary survey or existing survey of record provided such survey shows a closure
with an accuracy of not less than one in twenty-five hundred: total acreage, acreage of
subdivided area; number and approximate area and frontage of all building sites, existing
buildings within the boundaries of the tract, names of owners and their property lines
within the boundaries of the tract and adjoining such boundaries.

(d)

All existing, platted and proposed streets, their names, numbers and widths; existing
utility or other easements, public areas and parking spaces; culverts, drains and water
courses, their names and other pertinent data.

(e)

The complete drainage layout, including all pipe sizes, types, drainage easements and
means of transporting the drainage to the nearest natural drainage flow.

(f)

A cross section showing the proposed street construction, depth and type of base, type of
surface, etc.

(g)

A profile or contour map showing the proposed grades for the streets and drainage
facilities including elevations of existing and proposed ground surface at all street
intersections and at points of major grade change along the center line of streets together
with proposed grade lines connection therewith.

(h)

A location map tying the subdivision into the currently existing water supply or alternate
means of sewage disposal and water supply.

(i)

Proposed connections with existing sanitary sewers and existing water supply or alternate
means of sewage disposal and water supply.

(j)

All parcels of land to be dedicated for public use and the conditions of such dedication.

(k)

Utility companies shall execute quit claims to any easement within, over or under street
rights-of-way.

(l)

If any portion of the land being subdivided is subject to flood, as defined in Article V,
Section 18, the area subject to flood shall be shown.

2-2-4 WAIVERS
In order to facilitate expeditious review and approval of proposed subdivisions, the
Administrator is empowered to grant a waiver of requirement for either the preliminary sketch
plat or the preliminary plat requiring the submission of only one of the above if the following
conditions are met:
(a)

Conditions for waiver of preliminary sketch plat:
The subdivider has consulted with the Administrator on the proposed course of action
and receives written consent by the Administrator certifying that a preliminary plat is
required, and that the requirements of this ordinance can be met and shown on the
preliminary plat.

(b)

Conditions for waiver of preliminary plat:

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(i)
The subdivider has submitted a preliminary sketch plat and received written
notice of waiver from the Administrator for filing the preliminary plat setting forth his
reasons for the action.
(ii)
All public improvements as set forth in the Appendix are already installed or
because of the nature of the development deemed not necessary by the Administrator.
Any construction, installation, or improvement of any public improvements shall require
the submission of a preliminary plat.
(iii)
The subdivider has consulted informally with the Administrator for advice and
assistance before preparation of the final plat and its formal application for approval.
2-2-5 PROCEDURE FOR APPROVAL OF PRELIMINARY SKETCH PLATS OR
PRELIMINARY PLATS
The subdivider shall then be advised in writing within thirty (30) days, which may be by formal
letter or by legible markings on his copy of the preliminary plat or sketch plat concerning any
additional data that may be required, the character and extent of public improvements that will
have to be made, and the amount of the performance bond which will be required as a
prerequisite to approval of the final subdivision plat. Bond required by the Virginia Department
of Transportation shall be in the Department’s possession. In determining the amount of the
performance bond, the Administrator may consult with a duly licensed engineer who shall
prepare this data for the Administrator, or may require a bona fide estimate of the cost of
improvements to be furnished by the subdivider.
2-2-6 COPIES
One (1) copy of the preliminary sketch plat or preliminary plat will be retained by the
Administrator and one (1) copy shall be returned to the subdivider with any notations at the time
of approval or disapproval and the specific changes, if any, required.
2-2-7 NO GUARANTEE
The approval of the preliminary sketch plat or preliminary plat by the Administrator will not
constitute acceptance of the final plat and will not be indicated on the preliminary sketch plat or
preliminary plat.
2-2-8 SIX MONTHS’ LIMIT
The subdivider shall not have more than six (6) months after receiving official notification that a
final plat may be submitted to file with the Administrator a final subdivision plat in accordance
with this ordinance. Failure to do so shall make preliminary approval null and void. The
Administrator on written request by the subdivider may, for good cause shown, grant extension
of this time limit, not to exceed ninety (90) days.
2-3

FINAL PLAT

A final plat may be filed for all or any part of the territory shown on the approved preliminary
plat or preliminary sketch plat. The subdivision of land shown on the final plat must conform
substantially to the layout shown on the approved preliminary plat. No deviation from the
preliminary plat will be accepted which substantially alters the subdivision layout shown thereon
or which does not conform to all the requirements of the standards of this ordinance. No final
plat will be accepted for submission which does not contain all the required information for final
plats or a written request for a variance from the requirements for final plats with reasons
therefore. No final plat where a variance from the requirements has been requested will be
approved unless and until the Administrator has consented in writing to the variance.
2-3-1 PROCEDURE

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At least ten (10) days prior to consideration by the Administrator, the subdivider shall submit the
original of the final plat and sufficient copies, together with any street profiles or other plans that
may be required by the Administrator.
2-3-2 DRAWING
The plat shall be drawn to an engineering scale of one (1) inch equals not more than 100 feet on
sheets not larger than 18 by 24 inches. When more than one sheet is required, an index sheet of
the same size shall be filed showing the entire subdivision with the streets shown and identified
as a key.
2-3-3 COPIES
When the plat has been approved by the Administrator, one (1) copy will be returned to the
subdivider with the approval of the Administrator certified thereon. One approved copy shall be
properly filed for recordation with the County Clerk by the subdivider as the official plat of
record. The original tracing containing all required certificates will be returned to the subdivider
for his records. Sufficient copies will be retained in the Administrator’s records.
2-3-4 APPROVAL
The Administrator shall approve or disapprove this final plat within thirty (30) days after its
submission. If the plat is disapproved, the grounds for disapproval shall be stated in writing by
the Administrator. Approval of the final plat shall be written on the face of the plat by the
Administrator. The subdivider shall record the plat within sixty (60) days of final approval.
Extension may be granted by the Administrator upon due cause shown for not more than sixty
(60) days additional.
2-3-5 REQUIREMENTS, FINAL PLATS
The final plat shall show and include the following:
(a)

The boundaries of the tract to be subdivided, or part thereof, together with the names and
location of adjoining subdivisions and streets or highways and the location and ownership
of adjoining unsubdivided property.

(b)

Sufficient survey data to determine and reproduce on the ground the location and end
points of every street line, lot line, boundary line, block line, curve or angle point. Each
line shall contain a bearing and length. Data for curves shall include the radius, central
angle, and tangent distance unless said curves are on streets where the above required
data may be given for the street center line. All distances shall be given to the nearest
one hundredth of a foot and all bearing angles to the nearest one minute of angle.
Required building setback lines or other space restricted from building shall be shown as
dashed lines. The area of lots shall be shown to the nearest 1/100 sq. ft. or to the nearest
1/1000 of acre.

(c)

Lots shall be numbered in numerical order, and blocks shall be numbered in numerical or
alphabetical order. Any easements, rights-of-way, or other lands shown for public
ownership or shown to be retained for public ownership or for public improvements shall
be clearly indicated.

(d)

The location and description of permanent monuments and other required survey markers
shall be indicated clearly on the plat.

(e)

All streets proposed in the subdivision and all adjoining streets shall be named.

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(f)

The final plat shall contain the name of the proposed subdivision, the date of the plat, the
scale, the north point, and all other information required in Section 2-2-3, subparagraph a
of this ordinance.

(g)

There shall be placed on the final plat, or on the cover sheet if more than one sheet
constitutes the final plat, a blank outlined space 3" by 5" suitable for indicating final
approval data by the Administrator. In addition to this blank sufficient space shall be
provided for the certification statement contained in Section 2-3-6, subparagraph (a) of
this ordinance and said statement shall be shown on the final plat.

(h)

For Non-Paved Surface Streets, the civil engineer’s stamp and certification as to the
design, construction and inspection of said streets and the street disclosure/disclaimer
statement, as required in the Subdivision Ordinance.

2-3-6 CERTIFICATION
The following certificates shall be presented with the final plat:
(a)

A statement to the effect that the subdivision as it appears on this plat is with the free
consent and in accordance with the desires of the owners, proprietors, and trustees, if any,
which shall be signed by the owners, proprietors, and trustees, if any, and shall be duly
acknowledged before some officer authorized to take acknowledgment of deeds.

(b)

Certification showing that applicant is the landowner and dedicates streets, rights-of-way,
and any sites for public use.

(c)

Certification by registered surveyor or engineer to accuracy of survey and plat, placement
of monuments, and the source of title of the owners of the land subdivided and the place
of record of the last instrument in the chain of title.

(d)

Certification by the county health officer when individual sewage disposal or water
systems are to be installed.

(e)

Certification by the Administrator and/or residency administrator that the subdivider has
complied with one of the following alternatives:
(i)
Prior installation of all improvements in accordance with the requirements of the
standards, or
(ii)
Posting of a security bond in sufficient amount to assure the completion of all
required improvements; and if a street, which may be released upon posting of a security
bond to assure performance of a street to required VDOT standards until acceptance for
maintenance by VDOT. The amount of the construction and maintenance bonds shall be
determined by VDOT.

(f)

Certification of approval to be signed by the Administrator.

(g)

When the subdivision consists of land acquired from more than one source of title the
outlines of the various tracts shall be indicated by dash-lines, and identification of the
respective tracts shall be placed on the plat.

ARTICLE III GENERAL REQUIREMENTS & MINIMUM STANDARDS OF DESIGN
There is a mutual responsibility between the subdivider and Scott County to divide the land so as
to improve the general use pattern of the land being subdivided.
3-1

STREETS

3-1-1 CONFORMITY TO THE OFFICIAL MAP AND THOROUGHFARE PLAN

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The location and width of all streets and roads shall conform to the Virginia Department of
Transportation Subdivision Street Requirements.
3-1-2 RELATION TO ADJOINING STREET SYSTEM
The proposed street system shall extend existing streets or projects. They shall be extended at a
width no less than the required minimum width.
3-1-3 STREET ELEVATION
No street shall be approved if it is more than two (2) feet below the elevation of flood as defined
in Section 18 of Article V. The Administrator may require, where necessary, profiles and
elevations of streets for areas subject to flood. Fill may be used for streets provided such fill
does not unduly increase flood heights. Drainage openings shall be so designed as to not restrict
the flow of water and unduly increase flood heights.
The street pattern shall be designed so that in time of flood each lot shall be readily accessible to
emergency vehicles.
3-1-4 STREET WIDTHS
The minimum width of right-of-way, measured from lot line to lot line shall not be less than the
widths established and determined by the Virginia Department of Transportation in their current
Subdivision Street Requirements.
3-1-5 ADDITIONAL WIDTH ON EXISTING STREETS
Subdivisions that adjoin existing streets shall dedicate additional right-of-way to meet the
minimum street width requirements.
The entire right-of-way shall be provided where any part of the subdivision is on both sides of
the existing street.
3-1-6 RESTRICTION OF ACCESS
When a tract fronts on an arterial street or highway, the Administrator may require such lots to
be provided with frontage on a marginal access street.
3-1-7 DEAD-END STREETS
(a)

Minor terminal streets or courts designed to have one end permanently closed shall be no
more than seven hundred fifty (750) feet long unless necessitated by topography. They
shall be provided at the closed end with a turn-around having an outside roadway
diameter of at least one hundred (100) feet or the Administrator may approve an alternate
design.

(b)

Where, in the opinion of the Administrator, it is desirable to provide for street access to
adjoining property, proposed streets shall be extended by dedication to the boundary of
such property.

3-1-8 PRIVATE STREETS
Any and all streets that are not constructed to meet the standards necessary for inclusion in the
system of state highways will be privately maintained and will not be eligible for acceptance into
the system of state highways unless improved to current Department of Transportation standards
with funds other than those appropriated by the General Assembly and allocated by the
Commonwealth Transportation Board.

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Every lot of less than two acres must front on either a street or road that is publicly maintained
(i.e. the road or street is part of VDOT’s system of roads), or on a new road or street to be
developed as part of the proposed subdivision under the provisions of the Subdivision Ordinance
regarding surface standards for unpaved streets.
3-1-9 STREET NAMES
Proposed streets which are obviously in alignment with others already existing and named shall
bear the names of existing streets. In no case shall the name for proposed streets duplicate
existing street names, irrespective of the use of the suffix street, avenue, boulevard, driveway,
place or court. The Administrator can assist the subdivider in avoiding duplication.
3-1-10 ALLEYS
Alleys may be required to the rear of all lots used for business proposed by the Administrator.
Alleys shall not be provided in residential blocks except where the subdivider produces evidence
satisfactory to the Administrator of the need for alleys.
3-1-11 CONSTRUCTION AND DESIGN REQUIREMENTS FOR STREETS
All new streets, except private streets as described in Section 3-1-8, serving more than two
parcels of land of less than two acres not otherwise served by a state maintained roadway shall
be designed and constructed in accordance with the prevailing Subdivision Street Requirements
of the Virginia Department of Transportation.
EXCEPT:
SURFACE STANDARDS FOR NON-PAVED STREETS: When non-paved surface streets
are permitted under this Ordinance, the following standards apply:
(a)

A minimum right of way of forty (40) feet in width;

(b)

A maximum grade of fifteen percent (15%);

(c)

A non-paved surface of a minimum of eighteen (18) feet in width, consisting of a
minimum of four (4) inches in depth of compacted, crusher run stone, graded to drain,
and adequate drainage facilities;

(d)

The street plan must be designed by a civil engineer licensed in Virginia who shall affix
his/her stamp and certification to the final subdivision plat that the non-pave surface
streets have been constructed and inspected and meet the Non-paved Surface Standards
of the Scott County Subdivision Ordinance.

REQUIRED NON-PAVED STREET DISCLOSURE AND DISCLAIMER: All plats and
deeds of a subdivision which contain streets which are not designed and constructed in
accordance with the prevailing Subdivision Street Requirements of the Virginia Department of
Transportation so as to be eligible to be accepted by VDOT for maintenance shall contain the
following notation underlined and in capital letters:
The streets in this subdivision do not meet the standards necessary for inclusion in the
system of state highways and will not be maintained by the Virginia Department of
Transportation or Scott County and are not eligible for rural addition funds or any other
funds appropriated by the General Assembly and allocated by the Commonwealth
Transportation Board.
3-2

BLOCKS

3-2-1 LENGTH

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Blocks shall not be less than five hundred (500) feet nor more than twelve hundred (1,200) feet
in length, except as the Administrator considers necessary to secure efficient use of land or
desired features of street patterns. In blocks over eight hundred (800) feet in length, the
Administrator may require one (1) or more public crosswalks of not less than ten (10) feet in
width to extend entirely across the block and at location deemed necessary.
3-2-2 WIDTH
Blocks shall not be less than two hundred (200) feet in width, except where reverse frontage on
major streets and roads is provided or where prevented by topographical conditions or size of the
property; in which case the Administrator will approve a single row of lots of minimum depth.
3-2-3 ORIENTATION
Where a proposed subdivision will adjoin a major road, the Administrator may require that the
greater dimension of the block shall front or back upon such major thoroughfare to avoid
unnecessary ingress or egress.
3-2-4 FIRE PROTECTION
The installation of adequate fire hydrants in a block at locations approved by the Administrator
may be required, provided necessary public water is available. The Administrator shall consult
with the proper authority before approving such location.
3-3

LOTS

3-3-1 ADEQUATE BUILDING SITES
Superseded by the Scott County Zoning Ordinance. (Amendment adopted 06/01/2011)
3-3-2 ARRANGEMENT
Insofar as practical, side lot lines shall be at right angles to straight lines or radial to curved street
lines. Every lot must front on either a street or road that is publicly maintained (i.e. the road or
street is part of VDOT’s system of roads), or on a new road or street to be developed as part of
the proposed subdivision under the provisions of the Subdivision Ordinance regarding surface
standards for unpaved streets.
3-3-3 MINIMUM SIZE
The size, shape, and orientation of lots shall be such as the Administrator deems appropriate for
the type of development and use contemplated. Where public water and sanitary sewer systems
are reasonably accessible, the subdivider shall connect with such systems and provide a
connection or connections to each lot. Where a public sewer is not accessible, an alternate
method of sewage disposal may be used, if it meets all applicable public health regulations.
When a public water supply is not accessible, a water well or other source may be used upon
approval by the county sanitarian.
(a)

Superseded by the Scott County Zoning Ordinance. (Amendment adopted
06/01/2011)

(b)

The Administrator may require greater lot size than indicated on the plat based upon the
data from percolation tests, soil condition, and investigations or as determined by the
county health officer(s).

(c)

Size of properties reserved or laid out for commercial or industrial properties shall be
adequate to provide for the off-street service and parking facilities required by the type of
use and development contemplated. Platting of individual lots shall be avoided in favor
of an overall design of the land to be used for such purposes.

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3-3-4 SEPARATE OWNERSHIP
Where the land covered by a subdivision includes two or more parcels in separate ownership,
and lot arrangement is such that a property ownership line divides one or more lots, the land in
each lot so divided shall be transferred by deed to single ownership simultaneously with the
recording of the final plat. Said deed is to be deposited with the Clerk of the Court and held with
the final plat until the subdivider is ready to record same, and they both shall then be recorded
together.
3-3-5 BUILDING SETBACK LINES
Superseded by the Scott County Zoning Ordinance. (Amendment adopted 06/01/2011)
3-3-6 YARD REGULATIONS
Superseded by the Scott County Zoning Ordinance. (Amendment adopted 06/01/2011)
3-3-7 REMNANTS
All remnants of lots left over after subdividing of a tract must be added to adjacent lots unless the
use of such remnants are approved for use for public services by the Administrator.
3-3-8 CORNER LOTS
On corner lots setback lines shall apply to all streets on which the lots front.
3-4

PUBLIC USE AND SERVICES AREAS

Due consideration shall be given to the allocation of areas suitably located and of adequate size
for playgrounds and parks for local or neighborhood use as well as for use as public service
areas.
3-4-1 PUBLIC OPEN SPACES
Where a school, neighborhood park or recreation area, or public access to water frontage, shown
on an official map or in the plan made and adopted by the Planning Commission, is located in
whole or in part in the applicant’s subdivision, the Administrator may require the dedication of
reservation of such open space within the subdivision up to a total of ten (10) percent of the gross
area of the subdivision of the plat for park, school, or recreation purposes.
3-4-2 EASEMENTS FOR UTILITIES
Except where alleys are permitted for the purpose, the Administrator may require easements, not
exceeding twelve (12) feet in width for poles, wires, conduits, storm and sanitary sewers, gas,
water, and heat mains, or other utility lines, along rear lot lines or side lot lines, if in the opinion
of the Administrator such action is desirable. Easements of the same or greater width may be
required along the lines of or across lots where necessary for the extension of existing or planned
utilities.
3-4-3 EASEMENTS DRAINAGE
Where a subdivision is traversed by a water course, drainage way channel, or stream, there shall
be provided a storm water easement or drainage right-of-way along each side of the water
course, drainage way channel or stream for the purpose of widening, deepening, relocating,
improving, or protecting such drainage easement.
3-4-4 COMMUNITY ASSETS

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In all subdivisions due regard shall be shown for all natural features, such as large trees and
water courses, and for historical spots and similar community assets which, if preserved, will add
attractiveness and value to the property.
3-5

SUITABILITY OF THE LAND

The Administrator shall not approve the subdivision of land if, from adequate investigations
conducted by all public agencies concerned, it has been determined that in the best interest of the
public the site is not suitable for platting and development purposes of the kind proposed.
Land subject to flooding and land deemed to be topographically unsuitable shall not be platted
for residential occupancy or for any other uses that may increase flood hazard, endanger health,
life, or property, or aggravate erosion. Such land within the plat shall be set aside for such uses
as shall not be endangered by periodic or occasional inundation or shall not produce
unsatisfactory living conditions.
3-5-1 FILL
In other areas subject to flood, fill may be used in floodway areas defined in Section 20 of
Article V, if the fill proposed does not restrict the flow of water and unduly increase flood
heights up stream.
3-6

FLOOD CONTROL AND DRAINAGE

The subdivider shall provide all necessary information needed to determine what improvements
are necessary to properly develop the subject property, including contour intervals, drainage
plans and flood control devices. The subdivider shall also provide plans for all such
improvements together with a properly qualified certified engineer’s or surveyor’s statement that
such improvements, when properly installed, will be adequate for proper development. The
Virginia Department of Transportation Residency Administrator shall then approve or
disapprove the plans. The subdivider shall also provide any other information required by the
Virginia Department of Transportation Residency Administrator.
3-7

MONUMENTS

3-7-1 VISIBLE FOR INSPECTION
Upon completion of subdivision streets, sewers and other improvements, the subdivider shall
make certain that all monuments required by the Administrator are clearly accessible for
inspection and use. Such monuments shall be inspected and approved by the Administrator
before any improvements are accepted by the governing body. All points in the outer boundary
of the subdivision shall be marked by concrete or stone monuments of a permanent nature.
3-7-2 LOCATION - IRON PIPE
All other lot corners shall be marked with iron pipe not less than three-fourths (3/4) inch in
diameter and twenty four (24) inches long and driven so as to be flush with the finished grade
line.
3-8

LARGER TRACTS

3-8-1 PART OF TRACT
Whenever part of a tract is proposed for platting and it is intended to subdivide additional parts
in the future, a preliminary sketch for the entire tract shall be submitted with the preliminary plat.
This sketch is merely for informational purposes and is not binding on the subdivider or the
governing body.
3-8-2 LARGE TRACTS OR PARCELS

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When land is subdivided into larger parcels than ordinary building lots, such parcels shall be
arranged so as to allow for the opening of streets in the future and for logical future
resubdivision.
3-8-3 TOWN HOUSE AND PLANNED COMMUNITIES
A comprehensive Town House Development and Planned Communities may be approved by the
Administrator although the design of the project does not meet the specific regulations of this
ordinance. In no case will such projects be approved that are in conflict with the intent of this
ordinance.
3-9

ZONING OR OTHER REGULATIONS

No final plat of land within the force and effect of an existing zoning ordinance shall be
approved unless it conforms to such ordinance.
Whenever there is a discrepancy between minimum standards or dimensions noted herein and
those contained in zoning regulations, building code, or other official regulations, the highest
standard shall apply.
3-10

BONDING

No final subdivision plat shall be approved by the Administrator or accepted for record by the
County Clerk until the required improvements shall be constructed in a satisfactory manner and
approved by the Administrator. In lieu of completed improvements, the Administrator may
accept a corporate surety bond, certified check, or escrow account in an amount equal to the
established cost of installation of the required improvements, whereby improvements may be
made and utilities installed without cost to the county in the event of default of the subdivider.
3-10-1 PERFORMANCE BOND
A performance bond shall be required from a corporate surety company on the subcontractor or
contractor hired by the subdivider to make the improvements in his subdivision.
ARTICLE IV EFFECTUAL CLAUSES
4-1

VARIANCES

Variances may be granted under the following conditions concerning parcels less than two acres:
(a)

Where the subdivider can show that strict adherence to these regulations would cause
unnecessary hardship, or

(b)

Where the Administrator decides that there are topographical or other conditions peculiar
to the site, and a departure from these regulations will not destroy their intent. Any
variance thus authorized shall be stated in writing by the Administrator with the
reasoning on which the departure is justified set forth.

(c)

No variances shall be granted from the Virginia Department of Transportation
Subdivision Street Requirements except for streets developed as part of a prepared
subdivision under the provisions of the Subdivision Ordinance regarding surface
standards for unpaved streets.

4-2

PENALTIES

(a)

No person shall subdivide land without making and recording a plat of the subdivision
and without fully complying with the provisions of this Subdivision Ordinance.

Page 70 of 286

(b)

No plat of any subdivision shall be recorded unless and until it has been submitted to and
approved by the planning commission or by the governing body or its duly authorized
agent.

(c)

No person shall sell or transfer any land of a subdivision, before a plat has been duly
approved and recorded as provided herein. However, nothing herein contained shall be
construed as preventing the recordation of the instrument by which such land is
transferred or the passage of title as between the parties to the instrument.

(d)

Any person violating the foregoing provisions of this section shall be subject to a fine of
not more than $500 for each lot or parcel of land so subdivided, transferred or sold and
shall be required to comply with all provisions of the Subdivision Ordinance. The
description of the lot or parcel by metes and bounds in the instrument of transfer or other
document used in the process of selling or transferring shall not exempt the transaction
from the penalties or remedies herein provided.

(e)

No clerk of any court shall file or record a plat of a subdivision required by the ordinance
to be recorded until the plat has been approved as required herein. The penalties
provided by Virginia Code Section 17.1-223 shall apply to any failure to comply with the
provisions of this subsection.

(f)

A violation or threatened violation of this ordinance may be enjoined by application to
the circuit court by the Administrator without the necessity of showing that an adequate
remedy at law does not exist.

4-3

SEVERABILITY

Should any article, section, subsection, or provision of this Subdivision Ordinance be declared by
a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect
the validity or constitutionality of this Subdivision Ordinance as a whole or any part thereof
other than the part so declared to be invalid or unconstitutional.
4-4

REPEAL

All ordinances or portion of ordinances in conflict with this ordinance are hereby repealed to the
extent of their conflict.
4-5

AMENDMENTS

This ordinance may be amended in whole or in part by the governing body provided that any
such amendment shall either originate with or be submitted to the Planning Commission for
recommendation; and further provided that no such amendment shall be adopted without a public
hearing having been held by the governing body. Notice of the time and place of the hearing
shall comply with Virginia Code Section 15.2-2204, et seq., as amended.

4-6

EFFECTIVE DATE

This ordinance shall be effective on and after date of adoption, October 7, 2026.
ARTICLE V DEFINITIONS
Words and Terms

Page 71 of 286

For the purpose of this ordinance, certain words and terms used herein shall be interpreted or
defined as follows: Words used in the present tense include the future, words in the singular
number include the plural, and the plural the singular, unless the natural construction of the word
indicated otherwise; the word “lot” includes the word “parcel;” the word “shall” is mandatory
and not directory; the word “approve” shall be considered to be followed by the words “or
disapproved;” any reference to this ordinance includes all ordinances amending or
supplementing the same; all distances and areas refer to measurement in a horizontal plane.
5-1

Acreage, Gross: Gross Acreage means total tract acreage.

5-2

Acreage, Net: Net Acreage is the remaining acreage after subtracting from gross acreage
all land not intended for use or sale as residential building lots. In computing net acreage,
street rights-of-ways, restricted floodways, parks, school sites, other permanent open
spaces and land intended or shown for public use shall be subtracted as well as land
intended for other than residential use.

5-3

Agent: The representative of the governing body, the Administrator who has been
appointed to serve as the agent of the governing body in approving the subdivision plats.

5-4

Alley: A permanent service way providing a secondary means of access to abutting
properties.

5-5

Approving Authority: Those persons delegated the responsibility of approving any
portion or part of the requirements of this ordinance.

5-6

Architect: Architect means an individual who is registered with the Virginia Department
of Professional and Occupational Regulation as an architect.

5-7

Building: Building means any structure built for the support, shelter, housing or enclosure
of persons, animals, or property of any kind.

5-8

Building Line: Superseded by the Scott County Zoning Ordinance. (Amendment
adopted 06/01/2011)

5-9

Commission: The Planning Commission of Scott County, Virginia.

5-10

Construction Standard: Construction standard means the design and construction
standards of the Virginia Department of Transportation except for Non-Paved Streets.

5-11

Dead-End Street: A street with only one outlet having an appropriate turn around for a
safe and convenient reverse traffic movement.

5-12

Developer: An owner of property being subdivided, whether or not represented by an
agent.

5-13

Driveway: Driveway means that space specifically designated and reserved on the site for
the movement of vehicles from one site to another or from a site to a public street.

5-14

Dwelling Unit: Dwelling Unit means a group of one or more rooms designated for or
intended for occupancy of a single family.

5-15

Easement: Easement means a grant by a property owner of the use of his land by another
party for a specific purpose.

5-16

Engineer: Engineer means an individual who is registered with the Virginia Department
of Professional and Occupational Regulation as a professional engineer.

5-17

Flood: An overflow of land not normally covered by water that results in significant
adverse effects in the vicinity.

Page 72 of 286

5-18

Flooding-Land Subject to: For the purpose of these regulations, land subject to flooding
shall be defined as contained and referred to in The Floodplain Zoning Ordinance of
Scott County, Virginia.

5-19

Flood - Regional: A flood used in the Tennessee Valley Authority Flood Studies
comparable to the largest floods known to have occurred on streams of similar physical
characteristics in the same geographic region.

5-20

Floodway: The natural channel in the portion of the flood plain along the channel which
must be retained for the passage of flood waters to prevent an undue increase in flood
heights upstream. For the purpose of these regulations the floodway shall be further
defined as follows:
Floodway districts as designated by zoning or subdivision regulations of communities.
Along streams for which data on the regional flood is available, the floodway shall
consist of the stream channel and that portion of the adjacent flood plain which would be
required to safely pass the regional flood as determined by competent engineers action on
behalf of the subdivider, but in no case less than within fifteen (15) feet of the top of the
banks.
Along small streams and drainage channels, areas within fifteen (15) feet of the top of the
banks.

5-21

Governing Body: The Board of Supervisors of Scott County, Virginia.

5-22

Health Official: The Health Department Director or Health Department Sanitarian for
Scott County, Virginia.

5-23

Transportation Engineer: The residency administrator employed by the Virginia
Department of Transportation.

5-24

Jurisdiction: The area or territory subject to the legislative control of the governing body.

5-25

Lot: A numbered and recorded portion of a subdivision intended for a transfer of
ownership or for building development for a single building and its accessory building.

5-26

Lot, Corner: A lot abutting on two or more streets at their intersections; the shortest side
fronting upon a street shall be considered the front of the lot, and the longest side fronting
upon a street shall be considered the side of the lot.

5-27

Lot, Depth of: The mean horizontal distance between the front and the rear lot lines.

5-28

Lot, Double Frontage: An interior lot having frontage on two streets.

5-29

Lot, Interior: A lot other than a corner lot.

5-30

Lot of Record: A lot which has been recorded in the Office of the Clerk of the
appropriate court.

5-31

Lot, Width of: The mean horizontal distance between the side lot lines.

5-32

Multiple Family Dwelling: Multiple Family Dwelling means a building arranged or
designed to be occupied by more than two families, the structure having more than two
dwelling units.

5-33

Off-Street Parking: Off-Street Parking means any space specifically allotted to the
parking of motor vehicles, which space shall not be in a dedicated right-of-way.

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5-34

Owner: Owner means the person having legal title to the land involved or holding a lease
for a term of not less than thirty years.

5-35

Plat: Includes the terms: map, plan, plot, replat, replot; a map or plan of a tract or parcel
of land which is to be, or which has been subdivided. When used as a verb, plat is
synonymous with subdivide.

5-35-1 Preliminary Sketch: The rough, initial drawing of a proposed subdivision showing
information as required in this ordinance.
5-36

Property: Any tract, lot, parcel, or several of the same collected together for the purpose
of subdividing.

5-37

Residential Plan Community: Residential Plan Community means a variety of the
residential and other land uses developed in an orderly relationship to one another so as
to produce as nearly as possible a self-sustaining community of land uses of a compatible
nature.

5-38

Single Family Dwelling: Single Family Dwelling means a detached building designed for
or intended to be occupied by one family.

5-39

Street: The principal means of access to abutting properties.

5-39-1 Street, Arterial: A heavily traveled thoroughfare or highway that carries a large volume of
through traffic or anticipated traffic exceeding five thousand five hundred (5,500)
vehicles per day.
5-39-2 Street, Collector: A highway that carries a through volume of anticipated traffic between
four hundred and one to three thousand (401-3,000) vehicles per day.
5-39-3 Street, Major: A heavily traveled thoroughfare or highway that carries a large volume of
through traffic or anticipated traffic between three thousand and one to five thousand five
hundred (3,001-5,500) vehicles per day.
5-39-4 Street, Marginal: A street that is used primarily as a means of public access to abutting
properties with anticipated traffic of less than two hundred fifty (250) vehicles per day.
5-39-5 Street, Minor: A street that is used primarily as a means of access to the abutting
properties with anticipated traffic of less than four hundred (400) vehicles per day.
5-39-6 Street, Public: Public Street means a road or street that is publicly maintained, or operated
and maintained by the public sector, i.e. it is part of the Virginia Department of
Transportation’s system of roads.
5-39-7 Street Width: The total width of the strip of land dedicated or reserved for public travel,
including roadway, curbs, gutters, sidewalks, and planting strips.
5-40

SUBDIVISION means the division of a parcel of land into three or more lots or parcels
of less than two acres each for the purpose of a transfer of ownership or building
development, or, if a new street is involved in any such division, any division of parcel of
land. The term includes resubdivision and, when appropriate to the context, shall relate
to the process of subdividing or to the land subdivided and solely for the purpose of
recordation of any single division of land into two lots or parcels, a plat of any such
division shall be submitted for approval in accordance with this Ordinance.
Notwithstanding any provision of this Ordinance to the contrary, in a subdivision
involving a new street in which each lot or parcel of the subdivision is two acres or more
in size, the street construction and design requirements of this Ordinance and of the

Page 74 of 286

Virginia Department of Transportation shall not apply, except that the right-of-way for
the new street(s) shall be forty feet in width; however, the plat of such subdivision not
meeting said street construction and design requirements and each deed of conveyance to
the original and to any subsequently conveyed lot or parcel of land of any size contained
within such subdivision shall contain the following statement which shall be underlined
in each such legal instrument:
The streets in this subdivision do not meet State standards and will not be
maintained by the Virginia Department of Transportation or Scott County,
Virginia.
Furthermore, prior to any future request for the streets’ addition to the Secondary
System of State Highways, they must be brought into compliance with the
applicable subdivision street requirements of the Virginia Department of
Transportation in effect at that time and without cost to funds administered by the
Department.
5-40-1 EXCEPTIONS
Submission for approval of a subdivision plat under this Ordinance shall not be required
in the following cases:
(a)
Division by Partition: A bona fide division or partition by descendants or devisees
of lands acquired by descent or by devise in a will provided no new road serving more
than two lots is required or established as a result of such division.
(b)
Agriculture: A bona fide division or partition of agricultural land not for
development purposes.
(c)
Court Action: A partition of land through actions of a court of competent
jurisdiction.
(d)
Public Taking: When a property has been changed in size or shape by reason of
taking of a part of such property for public use (eminent domain/condemnation) by
referring to a properly drawn and recorded plat; provided, that the outline dimensions of
such remainder may be clearly determined by reference to the previously recorded plats.
(e)
Adjoining Properties: The sale or exchange of parcels of land between owners of
adjoining properties for the purpose of small adjustments in boundaries; provided, that
additional lots are not thereby created and that the original lots are not reduced below the
minimum sizes required by this ordinance and no new streets or right of ways are created.
(f)
Utility Right-of-Way: A bona fide division of a tract of land in order that one or
more of the resulting parcels may be used as a part of a public utility right-of-way;
provided, that if a parcel resulting from such a division is ever to be used as a building
site for other than right-of-way purposes, then before a building permit may be issued for
such other use, a plat must be filed and recorded.
(g)
Exception for Family Division of Land; Requirement of Access and Statement:
A subdivision of land for the purpose of sale or gift to members of the immediate family
of the property owner, subject to any express requirement contained in the Code of
Virginia and subject to the requirement that all lots of less than five acres have reasonable
right of way of not less than ten feet nor more than twenty in width providing ingress and
egress to a dedicated recorded public street. Only one such division shall be allowed per
family member, and shall not be for the purpose of circumventing this section. A
member of the immediate family is defined as any person who is a natural or legally
defined offspring, spouse, sibling, grandchild, grandparent, or parent of the owner, or
aunt, uncle, niece or nephew of the owner.

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Any family division of land which involves a new street or right of way must contain the
following statement on the plat of the division and in each deed of conveyance to the
original and to any subsequently conveyed lot or parcel of land of any size contained
within such division which statement shall be underlined in each such legal instrument:
The streets in this subdivision do not meet State standards and will not be
maintained by the Virginia Department of Transportation or Scott County,
Virginia.
Furthermore, prior to any future request for the streets’ addition to the Secondary
System of State Highways, they must be brought into compliance with the
applicable subdivision street requirements of the Virginia Department of
Transportation in effect at that time and without cost to funds administered by the
Department.
5-41

Subdivider: An individual, corporation or registered partnership, owning any tract, lot or
parcel of land to be subdivided, or a group of two or more persons owning any tract, lot
or parcel of land to be subdivided, who have given their power of attorney to one of their
group or to another individual to act on their behalf in planning, negotiating for, in
representing, or executing the legal requirements of the subdivision.

5-42

Surveyor: Surveyor means an individual who is registered with the Virginia Department
of Professional and Occupational Regulation as a licensed land surveyor.

5-43

Two-Family Dwelling: Two-Family Dwelling means a building designed for or intended
to be occupied by not over two families, living independently of each other, including
both duplex (one dwelling unity above another) and semi-detached (two dwelling units
having a common vertical party wall).

5-44

Town House: Town House means a single family dwelling forming one of group or series
of three or more attached single family dwellings separated from one another by party
walls without doors, windows, or other provisions for human passage or visibility
through such walls from basement to roof, and having roofs which may extend from one
such dwelling unit to another.

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5-45

VDOT: VDOT means Virginia Department of Transportation.
APPENDIX

A perfectly prepared and recorded subdivision or plat means little to a prospective buyer until he
can see actual physical transformation of raw acreage into lots suitable for building purposes and
human habitation. Improvements by the subdivider spare the community of a potential tax
liability. The following tangible improvements or provision for their estimated cost are required
before final plat approval in order to assure the physical reality of a subdivision which approval
and filing will establish legally.
(a)

Required Improvements - Every subdivision development shall be required to grade and
improve streets and alleys, and to install curbs, sidewalks, monuments, sewers, storm
water inlets and water mains in accordance with any specifications established by Scott
County. If other specifications have not been adopted by the county or local authorities,
the Administrator will accept specifications equal to those of the Virginia Department of
Health and Virginia Department of Transportation. The highest standard requirement
whether in local regulations or in the following standards shall govern.

(b)

Monuments
(i)
There shall be a minimum of three (3) monuments set in any subdivision of
twenty-five (25) lots or less and one (1) additional monument for each ten lots in any
subdivision of more than twenty-five (25) lots. Monuments shall meet VDOT standards.
Monuments shall be set at points where the street lines intersect the exterior boundaries
of the subdivision, and at angle points and points of curve in streets.
(ii)
All other lot corners shall be marked with iron pipe not less than three-fourths
(3/4) inches in diameter and eighteen (18) inches long and driven so as to be flush with
the finished grade.

(c)

Grading - All streets, roads, and alleys shall be graded by the subdividers so that
pavements and sidewalks can be constructed to the required cross section to meet VDOT
standards unless the Surface Standards for Non-Paved Streets apply. Where streets are
constructed under or adjacent to existing electric transmission lines or over gas
transmission lines, the nearest edge of the pavement shall be a minimum of fifteen (15)
feet from any transmission line structure and all grading for the street shall be done in a
manner which will not disturb the structure or result in erosion endangering the structure.
In the case of electric transmission lines, the clearance from the pavement to the nearest
conductor shall meet the requirements of the National Electrical Safety Code.
Preparation: Before grading is started, a Soil Erosion and Sediment Control Permit must
first be issued by the Scott County Soil and Water Conservation District, the entire
right-of-way area shall be cleared of all stumps, roots, brush and other objectionable
materials and all trees not intended for preservation.

(d)

Storm Drainage
(i)
An adequate drainage system, including necessary open ditches, pipes, culverts,
intersectional drains, drop inlets, bridges, drainage easements, etc., shall be provided for
the proper drainage of all surface water. Drainage structures including culverts shall be
in
accordance with Virginia Department of Transportation specifications.
(ii)
Adequate curb and gutter shall be constructed when deemed necessary by the
Residency Administrator and shall be constructed in accordance with Virginia
Department
of Transportation specifications.

(e)

The Installation of Utilities and Driveways - After grading is completed and approved
and before any base is applied, all of the underground work - water mains, etc. - and all
service connections shall be installed completely and approved throughout the length of

Page 77 of 286

the road and across the flat section. All driveways for houses to be built by the developer
shall be cut and drained.
(f)

Water Supply System - The provision of a public water supply is deemed necessary to the
public welfare in the case of all development contemplating the growth of homes in close
proximity to each other. An exception may be granted in the case where a single small
parcel is separated from a large tract without the intention of further subdivision.
Where a public water supply system is available the service shall be constructed to serve
all lots shown on the subdivision plat with water for both domestic use and fire
protection.

(g)

Sanitary Sewers - When the subdivision is located within the service area of a public
sewerage system, sanitary sewers shall be installed in such a manner as to serve
adequately all lots with connection to the public system. Septic tanks will not be
permitted.

(h)

Identification Signs - Street identification signs shall be installed at all intersections
according to the specifications of the Scott County Road Naming and Addressing
Ordinance.
Voting aye:

Darrel W. Jeter, L. Michele Glover, Eddie N. Skeen, Michael K. Brickey,
Danny M. Casteel, Christopher S. Maness, and Stefanie C. Addington.

Voting nay:

None.

Chairman Maness opened a public hearing on the possible adoption of an Ordinance to Amend the Scott
County Zoning Ordinance to review the Official Zoning Map and to amend Article III Use and Design Standards,
Section 300-100.13 Miscellaneous Uses, Solar Generation Facility, Utility-Scale.

On a motion by Stefanie C. Addington, duly seconded by Michael K. Brickey, this Board hereby adopts the
following:

AN ORDINANCE TO AMEND THE

SCOTT COUNTY, VIRGINIA
ZONING ORDINANCE
Adopted on January 7, 2009
Amended on October 19, 2009
Amended on April 6, 2011
Amended on July 6, 2011

Page 78 of 286

Amended on December 5, 2012
Amended on March 4, 2015
Amended on January 18, 2017
Amended on July 6, 2022
Amended on December 7, 2022
Amended on August 7, 2024
Amended on September 4, 2024
Amended on October 7, 2026
Effective Date of Implementation:
January 1, 2010

Page 79 of 286

ORDINANCE 2026-06
SCOTT COUNTY ZONING ORDINANCE
Amendment
ARTICLE I

Amendment to the Official Zoning Map reviewed and
adopted October 7, 2026------------------------------------------- vi
GENERAL PROVISIONS

Sec. 100-100

Title and Authority -------------------------------------------------------- 1

Sec. 100-102

Jurisdiction ----------------------------------------------------------------- 1

Sec. 100-104

Purpose --------------------------------------------------------------------- 1

Sec 100-106

Effective Date ------------------------------------------------------------- 2

Sec 100-108

Application of Regulations ---------------------------------------------- 2

Sec 100-110

Establishment of Zoning Districts -------------------------------------- 2

Sec 100-112

Interpretation of District Boundaries ----------------------------------- 3

Sec 100-114

Severability ---------------------------------------------------------------- 3

ARTICLE II

DISTRICT REGULATIONS ------------------------------------------- 4

Sec 200-100
Sec 200-100.1
Sec 200-100.2
Sec 200-100.3
Amendments

AF AGRICULTURAL AND FORESTRY DISTRICT ------------- 4
Statement of Intent -------------------------------------------------------- 4
Permitted Uses ------------------------------------------------------------- 4
Site Development Regulations (amended December 5, 2012) ---- 6
Sec 200-100.2 (adopted 7/6/2022 & 9/4/2024) ---------------------- 7

Sec 200-200
Sec 200-200.1
Sec 200-200.2
Sec 200-200.3
Amendments

AR AGRICULTURAL AND RESIDENTIAL DISTRICT -------- 8
Statement of Intent -------------------------------------------------------- 8
Permitted Uses ------------------------------------------------------------- 8
Site Development Regulations (amended December 5, 2012) --- 11
Sec 200-200.2 (adopted 7/6/2011, 3/4/2015, 10/4/2017,
7/6/2022 & 9/4/2024) ------------------------------------------------ 12

Sec 200-300
Sec 200-300.1
Sec 200-300.2
Sec 200-300.3
Amendments

R-1 GENERAL RESIDENTIAL DISTRICT ------------------------ 13
Statement of Intent ------------------------------------------------------- 13
Permitted Uses ------------------------------------------------------------ 13
Site Development Regulations (amended December 5, 2012) --- 15
Sec 200-300.2 (adopted 7/6/2011 & 9/4/2024) --------------------- 16

Sec 200-400
Sec 200-400.1
Sec 200-400.2
Sec 200-400.3

MHP MANUFACTURED HOME PARK DISTRICT ------------- 17
Statement of Intent ------------------------------------------------------- 17
Permitted Uses ------------------------------------------------------------ 17
Site Development Regulations ----------------------------------------- 18

Sec 200-500
Sec 200-500.1
Sec 200-500.2
Amendment
Amendments
Sec 200-500.3

C-1 GENERAL COMMERCIAL DISTRICT ----------------------- 18
Statement of Intent ------------------------------------------------------- 18
Permitted Uses ------------------------------------------------------------ 18
Sec 200-400.2 (adopted 9/4/2024) ------------------------------------ 19
Sec 200-500.2 (adopted 7/6/2011, 12/7/2022 & 9/4/2024) ------- 23
Site Development Regulations (amended December 5, 2012) --- 24

Sec 200-600
Sec 200-600.1
Sec 200-600.2
Sec 200-600.3
Amendments

I-1 GENERAL INDUSTRIAL DISTRICT -------------------------- 24
Statement of Intent ------------------------------------------------------- 24
Permitted Uses ------------------------------------------------------------ 24
Site Development Regulations (amended December 5, 2012) --- 27
Sec 200-600.2 (adopted 7/6/2011, 1/18/2017 & 9/4/2024) ------- 28
i

Page 80 of 286

Sec 200-700
Sec 200-700.1
Sec 200-700.3
Sec 200-700.5
Sec 200-700.7
Sec 200-700.9
Sec 200-700.11
Sec 200-700.13
Sec 200-700.15
Sec 200-700.17
Sec 200-700.19

FOD FLOODPLAIN OVERLAY DISTRICT ----------------------- 29
Statement of Intent ------------------------------------------------------- 29
Definitions ---------------------------------------------------------------- 29
Administration and Applicability -------------------------------------- 29
Establishment of Floodplain Districts and Restrictions ------------ 30
Development and Use by Special Use Permit ----------------------- 31
Development Regulation, All Districts ------------------------------- 31
Development Restrictions, Floodways -------------------------------- 33
Existing Structures and Vacant Land --------------------------------- 33
Variances ------------------------------------------------------------------ 34
Liability -------------------------------------------------------------------- 36

ARTICLE III USE AND DESIGN STANDARDS -------------------------------------------- 36
Sec 300-100
Sec 300-100.1
Sec 300-100.3
Sec 300-100.5
Sec 300-100.7
Sec 300-100.9
Amendment
Sec 300-100.11
Sec 300-100.13
Amendment
Amendments
Amendment
Amendments

Generally ------------------------------------------------------------------ 36
Agricultural Use Types -------------------------------------------------- 36
Residential Use Types --------------------------------------------------- 37
Civic Use Types ---------------------------------------------------------- 45
Office Use Types --------------------------------------------------------- 46
Commercial Use Types (amended August 7, 2024) --------------- 46
Sec 300-100.9 (adopted July 6, 2022) -------------------------------50
Industrial Use Types ----------------------------------------------------- 54
Miscellaneous Uses ------------------------------------------------------ 55
Sec 300-100.13 (adopted July 6, 2011) ----------------------------- 57
Sec 300-100.13 (adopted 9/4/2024 & 10/7/2026) ----------------- 60
Sec 300-100.13 (adopted October 7, 2026) ------------------------ 60
Sec 300-100.13 (adopted 12/5/2012 & 8/7/2024) ----------------- 74

Sec 300-102
Sec 300-102.1
Sec 300-102.3
Sec 300-102.5
Sec 300-102.7
Sec 300-102.9
Sec 300-102.11

Accessory Uses and Structures ---------------------------------------- 75
Accessory Uses: Agricultural Use Types ---------------------------- 75
Accessory Uses: Residential Use Types ----------------------------- 75
Accessory Uses: Civic Use Types ------------------------------------ 75
Accessory Uses: Office Use Types ----------------------------------- 76
Accessory Uses: Commercial Use Types ---------------------------- 76
Accessory Uses: Industrial Use Types ------------------------------- 77

ARTICLE IV DEVELOPMENT STANDARDS ---------------------------------------------- 77
Sec 400-100

Site Plan Review --------------------------------------------------------- 77

Sec 400-102

Preliminary Site Plans --------------------------------------------------- 78

Sec 400-104

Final Site Plans ----------------------------------------------------------- 79

Sec 400-106

Format of Plans ----------------------------------------------------------- 81

Sec 400-108

Administrative Procedures and Requirements ----------------------- 81

Sec 400-110

Minimum Standards and Improvements Required ------------------ 82

Sec 400-200
Sec 400-200.1
Sec 400-200.3
Sec 400-200.5
Sec 400-200.7
Sec 400-200.9
Sec 400-200.11
Sec 400-200.13
Sec 400-200.15

Buffer Yards and Screening and Landscaping ----------------------- 83
General Requirements --------------------------------------------------- 83
Buffer Yards -------------------------------------------------------------- 83
Standards for Buffer Yard Planting and Screening ----------------- 84
Perimeter Landscaping Standards for Parking Lots ----------------- 85
Use of Existing Woodland Areas -------------------------------------- 85
Conflicting Requirements ----------------------------------------------- 86
Nonconforming Uses and Sites ---------------------------------------- 86
Additional Requirements for Exterior Storage, Refuse
Disposal, Etc. --------------------------------------------------------- 86

Page 81 of 286

Sec 400-300
Sec 400-300.1
Sec 400-300.3
Sec 400-300.5
Sec 400-300.7
Sec 400-300.9
Sec 400-300.11
Sec 400-300.13
Sec 400-300.15
Sec 400-300.17

Off-Street Parking Requirements -------------------------------------- 86
Applicability -------------------------------------------------------------- 87
General Regulations ----------------------------------------------------- 87
Disabled Parking --------------------------------------------------------- 87
Permitted Locations------------------------------------------------------ 87
Access --------------------------------------------------------------------- 87
Construction Standards -------------------------------------------------- 87
Parking Space Dimensions --------------------------------------------- 88
Criteria for Determining Required Parking -------------------------- 88
Minimum Parking Required -------------------------------------------- 88

Sec 400-320

Stacking Spaces and Drive-Through Facilities ---------------------- 93

Sec 400-400
Sec 400-400.1
Sec 400-400.3
Sec 400-400.5
Sec 400-400.7
Sec 400-400.9
Sec 400-400.11

Miscellaneous Provisions ----------------------------------------------- 94
Site Lighting -------------------------------------------------------------- 94
Plot Plans ------------------------------------------------------------------ 94
Yard Height and Setback Requirements ------------------------------ 94
Frontage Requirements on Cul-de-sacs ------------------------------- 95
Pipestem Lots; Prohibition of Irregular Lots ------------------------- 95
Single Family Detached Dwellings; Number
Permitted on a Single Lot ------------------------------------------- 95
Public Utility Lots ------------------------------------------------------- 95
Corner and Double Frontage Lots, Orientation of Yards ----------- 96
Establishment of Sight Triangles -------------------------------------- 96
Location and Design of Fences ---------------------------------------- 96
Standards and Procedures for Review of Condominiums ---------- 96

Sec 400-400.13
Sec 400-400.15
Sec 400-400.17
Sec 400-400.19
Sec 400-400.21

ARTICLE V ADMINISTRATION --------------------------------------------------------------- 97
Sec 500-100

Zoning Administrator Powers and Duties
(amended December 5, 2012) ------------------------------------ 97

Amendment

Amendment adopted April 6, 2011, to add “Relief in cases of
steep topography” -------------------------------------------------- 99

Sec 500-102

Planning Commission Powers, Duties and Composition--------- 100

Sec 500-104

Zoning Permits --------------------------------------------------------- 100

Sec 500-106

Building Permits; Relation to Zoning ------------------------------- 101

Sec 500-108

Certificates of Zoning Compliance ---------------------------------- 101

Sec 500-110

Temporary or Partial Certificates of Zoning Compliance -------- 101

Sec 500-112

Fees----------------------------------------------------------------------- 102

Sec 500-114

Enforcement ------------------------------------------------------------ 102

Sec 500-116

Penalties ----------------------------------------------------------------- 102

Sec 500-118

Civil Penalties ---------------------------------------------------------- 102

Sec 500-120
Sec 500-120.1
Sec 500-120.3

Amendments to Ordinance ------------------------------------------- 103
Commission Study and Action --------------------------------------- 105
Board of Supervisors Study and Action ---------------------------- 105

Sec 500-122
Sec 500-122.1
Sec 500-122.3
Sec 500-122.5
Sec 500-122.7

Conditional Zoning ---------------------------------------------------- 106
Enforcement of Conditions ------------------------------------------- 107
Records of Conditions ------------------------------------------------- 107
Review of Administrator’s Decisions ------------------------------- 107
Amendments of Conditions------------------------------------------- 107

Page 82 of 286

Sec 500-124
Sec 500-124.1
Sec 500-124.3
Sec 500-124.5
Sec 500-124.7

Special Use Permits ---------------------------------------------------- 107
General Standards ------------------------------------------------------ 108
Application Requirements -------------------------------------------- 108
Review and Action ----------------------------------------------------- 109
Time Limitations ------------------------------------------------------- 110

Sec 500-126
Sec 500-126.1
Sec 500-126.3
Sec 500-126.5
Sec 500-126.7

Non-Conforming Uses and Structures, Generally ----------------- 110
Nonconformities; Relationship to Vested Rights ------------------ 110
Nonconforming Uses of Buildings, Structures or Land ---------- 111
Nonconforming Buildings and Structures -------------------------- 111
Nonconforming Site Designs ----------------------------------------- 112

Sec 500-128
Sec 500-128.1
Sec 500-128.3
Sec 500-128.5
Sec 500-128.7
Sec 500-128.9

Board of Zoning Appeals --------------------------------------------- 112
Powers and Duties ----------------------------------------------------- 112
Applications for Variances ------------------------------------------- 114
Applications for Appeals ---------------------------------------------- 114
Procedures for Variances and Appeal ------------------------------- 114
Certiorari to Review Decision of BZA------------------------------ 115

ARTICLE VI DEFINITIONS AND USE TYPES ------------------------------------------- 116
Sec 600-100

Definitions -------------------------------------------------------------- 116

Sec 600-200
Sec 600-200.1
Sec 600-200.3
Sec 600-200.5
Sec 600-200.7
Sec 600-200.9
Sec 600-200.11
Sec 600-200.13
Amendment
Amendment

Use Types --------------------------------------------------------------- 126
Agricultural Use Types ------------------------------------------------ 127
Residential Use Types ------------------------------------------------- 127
Civic Use Types -------------------------------------------------------- 129
Office Use Types ------------------------------------------------------- 131
Commercial Use Types ----------------------------------------------- 132
Industrial Use Types --------------------------------------------------- 138
Miscellaneous Use Types --------------------------------------------- 140
Sec 600-200.13 (adopted July 6, 2011) --------------------------- 142
Sec 600-200.13 (adopted September 4, 2024) ------------------ 143

AMENDMENT
It is hereby ordained by the Board of Supervisors of Scott County that the Scott County,
Virginia, Zoning Ordinance was amended throughout on October 19, 2009, to replace the paper
parcel maps with digitized Geographic Information System (GIS) parcel maps as the Official
Zoning Map of Scott County, Virginia, and the entire Ordinance as thus amended has been
reviewed pursuant to Section 15.2-2236 of the Code of Virginia, as amended, and reordained
effective on date of adoption and shall read as follows (Adopted 10/7/2026):

Page 83 of 286

ARTICLE I

GENERAL PROVISIONS

Sec. 100-100

Title and Authority

(A)

This ordinance, and the Official Zoning Map of Scott County, Virginia, shall be known
and referred to as the Scott County, Virginia, Zoning Ordinance.

(B)

The provisions of this ordinance have been adopted by the Scott County Board of
Supervisors pursuant to the declaration of legislative intent contained in Section 15.22200, and the authority contained in Sections 15.2-2280 and 15.2-2281 of the Code of
Virginia, as amended.

Sec. 100-102

(A)

Jurisdiction

The provisions of this ordinance shall apply to all property within the unincorporated
portions of Scott County, Virginia, with the exception that any property held in fee
simple ownership by the United States of America or the Commonwealth of Virginia
shall not be subject to the provisions of this ordinance.

Sec. 100-104

Purpose

(A)

This ordinance, and any amendments hereto, have been adopted for the general purpose
of implementing the Comprehensive Plan of Scott County Virginia, and for the purpose
of promoting the health, safety, and/or general welfare of the public. To these ends, this
ordinance is designed to give reasonable consideration to each of the following purposes:

1.

Provide for adequate light, air, convenience of access, and safety from fire, flood, crime,
and other dangers;

2.

Reduce or prevent congestion in the public streets;

3.

Facilitate the creation of a convenient, attractive and harmonious community;

4.

Facilitate the provision of adequate police and fire protection, disaster evacuation, civil
defense, transportation, water, sewerage, flood protection, schools, parks, forests,
playgrounds, recreational facilities, airports and other public requirements;

5.

Protect against destruction of, or encroachment upon, historic areas;

6.

Protect against one or more of the following: overcrowding of land, undue density of
population in relation to the community facilities existing or available, obstruction of
light and air, danger and congestion in travel and transportation, or loss of life, health or
property from fire, flood, panic or other dangers;

7.

Encourage economic development activities that provide desirable employment and
enlarge the tax base;

8.

Provide for the preservation of agricultural and forestal lands;

Page 84 of 286

9.

Protect approach slopes and other safety areas of licensed heliports and airports;

10.

Promote the creation and preservation of affordable housing suitable for meeting the
current and future needs of the county;

11.

Protect surface and groundwater resources.

Sec. 100-106
(A)

Effective Date

This ordinance shall be effective on January 1, 2010.

Sec. 100-108

Application of Regulations

(A)

All land uses and activities not specifically provided for or addressed in this ordinance
shall be considered uses and activities prohibited within the county unless the
administrator finds that the land use or activity is compatible and consistent with the
provisions of this ordinance.

(B)

If a land use or activity is deemed by the administrator to be prohibited within the county,
that use or activity shall not be permitted within the county.

(C)

Where the standards imposed by this ordinance are more or less restrictive than the
standards imposed by any other public regulation, the more restrictive standard shall
apply.

(D)

This ordinance shall not apply to, or interfere with, any private covenant. However, if the
regulations imposed by this ordinance are more restrictive, or impose a higher standard
than the private covenant, then the provisions of this ordinance shall apply.

(E)

All county agencies and officials that have the responsibility to issue permits and licenses
pertaining to the construction of buildings or the use of land within the county shall do so
only in accordance with the provisions of this ordinance. If a permit or license is issued
in conflict with the provisions of this ordinance, the permit or license shall be null and
void.

Sec. 100-110
(A)

Establishment of Zoning Districts

The following zoning districts shall be established within Scott County. The location of
these districts shall be shown on the official zoning map.
Agricultural Districts
AF - Agricultural and Forestry District
AR - Agricultural and Residential District
Residential Districts
R-1 - General Residential District
MHP - Manufactured Home Park District

Page 85 of 286

Commercial Districts
C-1 - General Commercial District
Industrial Districts
I-1 - General Industrial District
Special Purpose Districts
FO - Floodplain Overlay District

Sec. 100-112

(A)

Interpretation of District Boundaries

If in the opinion of the administrator, uncertainty exists as to the exact location of any
zoning district boundary, the administrator shall apply the following rules to determine
the location of the boundary:
1.
Zoning district boundaries that appear to approximately follow the center lines of
street, rights-of-way or alleys, shall be construed to follow such center lines.
2.
Zoning district boundaries that appear to follow platted lot lines shall be construed
as following such platted lot lines except that the zoning designation of any lot shall
extend to the center line of any adjacent street, right-of-way or alley. The modification
of any platted lot line due to subdivision, resubdivision, or correction of map errors shall
not move or otherwise modify a designated zoning district boundary.
3.
Zoning district boundaries that appear to follow the center lines of streams and
rivers shall be construed as following such center lines.

(B)

If the rules contained in (A) above do not provide sufficient certainty to determine the
location of a zoning district boundary, the administrator may request the Board of Zoning
Appeals interpret the location of the district boundary pursuant to the authority granted
by Sec. 500-128.1.

Sec. 100-114

Severability

(A) Should any article, section, subsection, or provision of
this ordinance be declared by a court of competent
jurisdiction to be invalid or unconstitutional, such
decision shall not affect the validity or
constitutionality of this ordinance as a whole or any
part thereof other than the part declared to be invalid
or unconstitutional.

Page 86 of 286

ARTICLE II DISTRICT REGULATIONS
Sec. 200-100

AF – Agricultural and Forestry District

Sec. 200-100.1 Statement of Intent
(A)

The AF Agricultural and Forestry District consists of National Forest property, state park
lands and very rural privately-owned properties that due to steep topography and very
limited road access have limited development potential. Agricultural, forestry and
related uses are encouraged within AF Districts. Residential and related uses are allowed
in recognition that very low density rural residential development can be compatible with
agricultural and forestry activities.

Sec. 200-100.2 Permitted Uses
(A)

The following uses are permitted by right in the AF Agricultural and Forestry District,
subject to all other applicable requirements contained in this ordinance. An asterisk (*)
indicates that the use is subject to additional, modified or more stringent standards as
listed in Article III, Use and Design Standards

1.

Agricultural Use Types
Agriculture *
Farm Stand *
Forestry Operation
Stable *

2.

Residential Use Types
Accessory Apartment *
Home Occupation *
Manufactured Home
Manufactured Home, Accessory
Manufactured Home, Emergency *
Manufactured Home Subdivision
Residential Human Care Facility
Single Family Dwelling, Detached

3.

Civic Use Types
Administrative Services
Camps
Cemetery *
Community Recreation
Public Parks and Recreational Areas
Religious Assembly
Safety Services

4.

Office Use Types
(None)

Page 87 of 286

5.

Commercial Use Types
Agricultural Services
Antique Shops
Assembly Hall
Bed and Breakfast *
Veterinary Hospital/Clinic

6.

Industrial Use Types
(None)

7

Miscellaneous Use Types

*

Amateur Radio Tower *
Solar Generation Facility, Small See Supplement Page
Utility Services Minor

(B)

The following uses are permitted by special use permit in the AF Agricultural and
Forestry District, subject to all other applicable requirements contained in this ordinance.
An asterisk (*) indicates that the use is subject to additional, modified or more stringent
standards as listed in Article III, Use and Design Standards.

1.

Agricultural Use Types
Farm Employee Housing

2.

Residential Use Types
Family Day Care Home

3.

Civic Use Types
(None)

4.

Office Use Types
(None)

5.

Commercial Use Types

*

Campgrounds * See Supplement Page
Day Care Center **
Kennel, Commercial

6.

Industrial Use Types
(None)

7.

Miscellaneous Use Types
Shooting Range, Outdoor
Tower *
Utility Services, Major

Sec. 200–100.3 Site Development Regulations
The following are general development standards for the AF Agricultural and Forestry District.
For additional, modified or more stringent standards see Article III, Use and Design Standards.

Page 88 of 286

(A)

Minimum Lot Requirements

1.

Area: 5 acres

2.

Frontage: 200 feet on a public or private street

(B)

Minimum Setback Requirements

1.

Principal Structure:
Front Yard: No less than 20 feet from the property line along any right-of-way,
including primary and secondary routes. (Adopted 12/05/2012)

2.

Side Yard:

20 Feet

Rear Yard:

30 Feet

Accessory Structures:
Front Yard: No Requirement

(C)

Side Yard:

5 Feet

Rear Yard:

5 Feet

Maximum Height of Structures

SUPPLEMENT
SCOTT COUNTY, VIRGINIA, ZONING ORDINANCE
*Amendment adopted July 6, 2022, to add to Article III Use and Design Standards, Section
300-100.9 Commercial Use Types the following use:
Campgrounds *
*Amendment adopted September 4, 2024, to add to Section 200-100 AF Agricultural and
Forestry District, Section 200-100.2 Permitted Uses, (A) By Right, (7) Miscellaneous Use
Types the following use:
Solar Generation Facility, Small

Page 89 of 286

1.

Principal Structures: 35 feet

2.

Accessory Structures: 15 feet

Sec. 200–200 AR Agricultural and Residential District

Sec. 200–200.1 Statement of Intent
(A)

The AR Agricultural and Residential District applies to most of the land area in Scott
County. Agricultural, forestry, low density residential and related uses are encouraged
within AR Districts. The district also allows limited civic, commercial and industrial uses
in recognition that these uses have historically occurred in the rural portions of the
county.

Sec. 200–200.2 Permitted Uses
(A)

The following uses are permitted by right in the AR Agricultural and Residential District,
subject to all other applicable requirements contained in this ordinance. An asterisk (*)
indicates that the use is subject to additional, modified or more stringent standards as
listed in Article III, Use and Design Standards

1.

Agricultural Use Types
Agriculture *
Farm Stand *
Forestry Operation
Stable *

2.

Residential Use Types
Accessory Apartment *
Home Occupation *
Manufactured Home
Manufactured Home, Accessory
Manufactured Home, Emergency *
Manufactured Home Subdivision
Residential Human Care Facility
Single Family Dwelling, Detached

3.

Civic Use Types
Administrative Services
Camps

Page 90 of 286

Cemetery *
Clubs
Community Recreation
Educational Facilities – Primary and Secondary
Post Office
Public Assembly
Public Parks and Recreational Areas
Religious Assembly
Safety Services
4.

Office Use Types
(None)

5.

Commercial Use Types
Agricultural Services
Antique Shops
Assembly Hall
Bed and Breakfast *
Consumer Repair Services
Personal Services
Studio, Fine Arts
Veterinary Hospital/Clinic

6.

Industrial Use Types
Resource Extraction, Oil and Gas

7.

Miscellaneous Use Types

*

Amateur Radio Tower *
Solar Generation Facility, Small See Supplement Page
Utility Services, Minor

(B)

The following uses are permitted by special use permit in the AR Agricultural and
Residential District, subject to all other applicable requirements contained in this
ordinance. An asterisk (*) indicates that the use is subject to additional, modified or more
stringent standards as listed in Article III, Use and Design Standards

1.

Agricultural Use Types
Farm Employee Housing

2.

Residential Use Types
Family Day Care Home
Multi-Family Dwelling *
Single Family Dwelling, Attached
Townhouse *
Two Family Dwelling

3.

Civic Use Types
Assisted Care Residence
Correction Facilities
Cultural Services
Halfway House
Life Care Facility
Nursing Home

4.

Office Use Types

Page 91 of 286

General Office
Medical Office
5.
*

*
6.

Commercial Use Types
Automobile Repair Services - Minor
Campgrounds * See Supplement Page
Commercial Outdoor Sports and Recreation
Construction Sales and Services
Convenience Store
Day Care Center **
Equipment Sales and Rental
Flea Market
Funeral Services
Garden Center
Gasoline Station
Golf Course
Kennel, Commercial
Mini Warehouses *
Restaurant See Supplement Page
Retail Sales
Industrial Use Types
Asphalt Plant *
Construction Yard
Custom Manufacturing
Landfill, Construction Debris
Landfill, Rubble
Landfill, Sanitary
Railroad Facilities
Resource Extraction, Mineral
Scrap and Salvage Services *

7.

*
*
*
*

Miscellaneous Use Types
Aviation Facility
Outdoor Gathering *
Parking Facility, Surface/Structure See Supplement Page
Shooting Range, Outdoor
Sign, Animated * See Supplement Page
Sign, Billboard * See Supplement Page
Solar Generation Facility, Utility-Scale * See Supplement Page
Tower *
Utility Services, Major

Sec. 200–200.3 Site Development Regulations
The following are general development standards for the AR Agricultural and Residential
District. For additional, modified or more stringent standards see Article III, Use and Design
Standards.
(A)

Minimum Lot Requirements

1.

Area: 13,000 sq. ft. if served by public water and sewer.
20,000 sq. ft. if served by private well and or septic.

2.

Frontage: 75 feet on a public or private street

Page 92 of 286

(B)

Minimum Setback Requirements

1.

Principal Structure:
Front Yard: No less than 20 feet from the property line along any right-of-way,
including primary and secondary routes. (Adopted 12/05/2012)

SUPPLEMENT
SCOTT COUNTY, VIRGINIA, ZONING ORDINANCE
*Amendment adopted July 6, 2011, to add to Section 200-200 AR Agricultural and
Residential District, Section 200-200.2 Permitted Uses, (B) Special Use Permit, (7)
Miscellaneous Use Types the following uses:
Sign, Animated *
Sign, Billboard *
*Amendment adopted March 4, 2015, to add to Section 200-200 AR Agricultural and
Residential District, Section 200-200.2 Permitted Uses, (B) Special Use Permit, (5)
Commercial Use Types the following use:
Restaurant
*Amendment adopted October 4, 2017, to add to Section 200-200 AR Agricultural and
Residential District, Section 200-200.2 Permitted Uses, (B) Special Use Permit, (7)
Miscellaneous Use Types the following use:
Parking Facility, Surface/Structure
*Amendment adopted July 6, 2022, to add to Article III Use and Design Standards, Section
300-100.9 Commercial Use Types the following use:
Campgrounds *
*Amendment adopted September 4, 2024, to add to Section 200-200 AR Agricultural and
Residential District, Section 200-200.2 Permitted Uses, (A) By Right, (7)
Miscellaneous Use Types the following use:
Solar Generation Facility, Small
*Amendment adopted September 4, 2024, to add to Section 200-200 AR Agricultural and
Residential District, Section 200-200.2 Permitted Uses, (B) Special Use Permit, (7)
Miscellaneous Use Types the following use:
Solar Generation Facility, Utility-Scale *

Page 93 of 286

2.

Side Yard:

15 Feet

Rear Yard:

25 Feet

Accessory Structures:
Front Yard:

No Requirement

Side Yard:

5 Feet

Rear Yard:

5 Feet

(C)

Maximum Height of Structures

1.

Principal Structures: 35 feet.

2.

Accessory Structures: 15 Feet

Sec. 200-300

R-1 General Residential District

Sec. 200-300.1 Statement of Intent
The R-1 General Residential District applies to areas of the county where small lot single family
development has historically occurred, and areas where such development would be appropriate
due to the availability, or potential availability of public water and/or sewer services. Generally,
R-1 districts are located near the incorporated communities in Scott County. This district is
intended to provide the highest degree of protection from uses that are potentially incompatible
with single family dwellings.

Sec. 200-300.2 Permitted Uses
(A)
The following uses are permitted by right in the R-1 General Residential District, subject
to all other applicable requirements contained in this ordinance. An asterisk (*) indicates that the
use is subject to additional, modified or more stringent standards as listed in Article III, Use and
Design Standards
1.

Agricultural Use Types
(None)

2.

Residential Use Types
Accessory Apartment *
Home Occupation *
Manufactured Home, Emergency *
Residential Human Care Facility
Single Family Dwelling, Detached
Community Recreation

3.

Civic Use Types

Page 94 of 286

Educational Facilities – Primary/Secondary
Public Parks and Recreation Areas
Religious Assembly
Safety Services
4.

Office Use Types
(None)

5.

Commercial Use Types
(None)

6.

Industrial Use Types
(None)

7.

Miscellaneous Use Types

*

Amateur Radio Tower *
Solar Generation Facility, Small See Supplement Page
Utility Services Minor

(B)

The following uses are permitted by special use permit in the R-1 General Residential
District, subject to all other applicable requirements contained in this ordinance. An
asterisk (*) indicates that the use is subject to additional, modified or more stringent
standards as listed in Article III, Use and Design Standards

1.

Agricultural Use Types
Stable *

2.

Residential Use Types
Family Day Care Home
Multi-Family Dwelling *
Single Family Dwelling, Attached
Townhouse *
Two Family Dwelling

3.

Civic Use Types
(None)

4.

Office Use Types
(None)

5.

Commercial Use Types
(None)

6.

Industrial Use Types
(None)

7.

Miscellaneous Use Types

*
*

Sign, Animated * See Supplement Page
Sign, Billboard * See Supplement Page
Tower *
Utility Services, Major

Page 95 of 286

Sec. 200-300.3 Site Development Regulations
The following are general development standards for the R-1 General Residential District. For
additional, modified or more stringent standards see Article III, Use and Design Standards.
(A)

Minimum Lot Requirements

1.

Area:

2.

Frontage: 75 feet on a public or private street

(B)

Minimum Setback Requirements

1.

Principal Structure:

10,000 square feet

Front Yard: No less than 20 feet from the property line along any right-of-way,
including primary and secondary routes. (Adopted 12/05/2012)
Side Yard: 10 feet
Rear Yard: 25 feet
2.

Accessory Structures:
Front Yard: Behind the front building line of the principal structure.

SUPPLEMENT
SCOTT COUNTY, VIRGINIA, ZONING ORDINANCE
*Amendment adopted July 6, 2011, to add to Section 200-300 R-1 General Residential
District, Section 200-300.2 Permitted Uses, (B) Special Use Permit, (7) Miscellaneous Use
Types the following uses:
Sign, Animated *
Sign, Billboard *
*Amendment adopted September 4, 2024, to add to Section 200-300 R-1 General
Residential District, Section 200-300.2 Permitted Uses, (A) By Right, (7) Miscellaneous Use
Types the following use:
Solar Generation Facility, Small

Page 96 of 286

Side Yard: 5 feet
Rear Yard:

5 Feet

(C)

Maximum Height of Structures

1.

Principal Structures: 35 Feet.

2.

Accessory Structures: 15 Feet

Sec. 200-400 MHP Manufactured Home Park District

Sec. 200-400.1 Statement of Intent
The MHP Manufactured Home Park District has been created in recognition that manufactured
housing is an important and desired housing option for some county residents. Standards and
uses for the MHP district have been designed to reflect standards and uses found in some current
manufactured home park communities and to allow the development of new manufactured home
communities that have a desirable living environment.

Sec. 200.400.2 Permitted Uses
(A)
The following uses are permitted by right in the MHP Manufactured Home Park District,
subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates
that the use is subject to additional, modified or more stringent standards as listed in Article III,
Use and Design Standards
1.

Agricultural Use Types
(None)

2.

Residential Use Types
Home Occupation *
Manufactured Home, Emergency *
Manufactured Home Park *

3.

Civic Use Types
(None)

4.

Office Use Types

Page 97 of 286

(None)
5.

Commercial Use Types
(None)

6.

Industrial Use Types
(None)

7.

Miscellaneous Use Types

*

Solar Generation Facility, Small See Supplement Page
Utility Services, Minor

Sec. 200-400.3 Site Development Regulations
The following are general development standards for the MHP Manufactured Home Park
District. For additional, modified or more stringent standards see Article III, Use and Design
Standards.
(A)

Minimum Lot Requirements

1.

Area: None

2.

Frontage: 50 feet on a public street

Sec. 200-500

C-1 General Commercial District

Sec. 200-500.1 Statement of Intent
The C-1 General Commercial District applies to areas of the county where commercial patterns
of development currently exist and where future commercial development is encouraged. A wide
range of civic, office and commercial uses are permitted in C-1 General Commercial Districts

Sec. 200-500.2 Permitted Uses
(A)

The following uses are permitted by right in the C-1 General Commercial District,
subject to all other applicable requirements contained in this ordinance. An asterisk (*)
indicates that the use is subject to additional, modified or more stringent standards as
listed in Article III, Use and Design Standards

1.

Agricultural Use Types
(None)

2.

Residential Use Types
Manufactured Home, Emergency *

SUPPLEMENT
SCOTT COUNTY, VIRGINIA, ZONING ORDINANCE

Page 98 of 286

*Amendment adopted September 4, 2024, to add to Section 200-400 MHP Manufactured
Home Park District, Section 200-400.2 Permitted Uses, (A) By Right, (7) Miscellaneous Use
Types the following use:
Solar Generation Facility, Small

3.

Civic Use Types
Administrative Services
Assisted Care Residence
Cemetery *
Clubs
Community Recreation
Crises Center
Cultural Services
Educational Facilities, College/University
Educational Facilities, Primary/Secondary
Guidance Services
Life Care Facility
Nursing Home
Post Office
Public Assembly
Public Maintenance and Service Facilities
Public Parks and Recreation Areas

Page 99 of 286

Religious Assembly
Safety Services
4.

Office Use Types
Financial Institutions
General Offices
Laboratories
Medical Offices

5.

Commercial Use Types
Agricultural Services
Antique Shops
Assembly Hall
Automobile Dealership, New *
Automobile Dealership, Used *
Automobile Parts/Supply, Retail
Automobile Rental/Leasing
Automobile Repair Services, Minor
Bed and Breakfast *
Business or Trade School
Business Support Services
Campground
Car Wash
Commercial Indoor Amusement
Commercial Indoor Entertainment
Commercial Indoor Sports and Recreation
Commercial Outdoor Entertainment
Commercial Outdoor Sports and Recreation
Communication Services
Construction Sales and Services
Consumer Repair Services
Convenience Store
Dance Hall
Day Care Center *
Equipment Sales and Rental
Flea Market
Funeral Services
Garden Center
Gasoline Station
Hospital
Hotel/Motel/Motor Lodge
Kennel, Commercial
Laundry
Mini Warehouses *
Pawn Shop
Personal Improvement Services
Personal Services
Recreational Vehicle Sales and Service *
Restaurant
Retail Sales
Studio, Fine Arts
Veterinary Hospital/Clinic

6.

Industrial Use Types
Recycling Centers and Stations
Transportation Terminal

7.

Miscellaneous Use Types

Page 100 of 286

*

Amateur Radio Tower *
Solar Generation Facility, Small See Supplement Page
Utility Services, Minor

(B)

The following uses are permitted by special use permit in the C-1 General Commercial
District, subject to all other applicable requirements contained in this ordinance. An
asterisk (*) indicates that the use is subject to additional, modified or more stringent
standards as listed in Article III, Use and Design Standards

1.

Agricultural Use Types

2.

(None)
Residential Use Types

*
*
*
*
*
*
*
*
*

Accessory Apartment * See Supplement Page
Family Day Care Home * See Supplement Page
Home Occupation * See Supplement Page
Multi-Family Dwelling * See Supplement Page
Residential Human Care Facility See Supplement Page
Single Family Dwelling, Attached See Supplement Page
Single Family Dwelling, Detached See Supplement Page
Townhouse * See Supplement Page
Two Family Dwelling See Supplement Page

3.

Civic Use Types
Correction Facilities
Halfway House

4.

Office Use Types
Substance Abuse Clinic *

5.

Commercial Use Types
Adult Uses *
Automobile Repair Services, Major *
Golf Course
Manufactured Home Sales *
Truck Stop

6.

Industrial Use Types
Construction Yard
Custom Manufacturing
Transfer Station
Truck Terminal

7.

*
*
*

Miscellaneous Use Types
Aviation Facility
Outdoor Gathering *
Parking Facility, Surface/Structure
Sign, Animated * See Supplement Page
Sign, Billboard * See Supplement Page
Solar Generation Facility, Utility-Scale * See Supplement Page
Tower *
Utility Services, Major

Page 101 of 286

SUPPLEMENT
SCOTT COUNTY, VIRGINIA, ZONING ORDINANCE
*Amendment adopted July 6, 2011, to add to Section 200-500 C-1 General Commercial
District, Section 200-500.2 Permitted Uses, (B) Special Use Permit, (7) Miscellaneous Use
Types the following uses:
Sign, Animated *
Sign, Billboard *
*Amendment adopted December 7, 2022, to add to Section 200-500 C-1 General
Commercial District, Section 200-500.2 Permitted Uses, (B) Special Use Permit, (2)
Residential Use Types the following uses:
Accessory Apartment *
Family Day Care Home *
Home Occupation *
Multi-Family Dwelling *
Residential Human Care Facility
Single Family Dwelling, Attached
Single Family Dwelling, Detached
Townhouse *
Two Family Dwelling
*Amendment adopted September 4, 2024, to add to Section 200-500 C-1 General
Commercial District, Section 200-500.2 Permitted Uses, (A) By Right, (7) Miscellaneous
Use Types the following use:
Solar Generation Facility, Small
*Amendment adopted September 4, 2024, to add to Section 200-500 C-1 General
Commercial District, Section 200-500.2 Permitted Uses, (B) Special Use Permit, (7)
Miscellaneous Use Types the following use:
Solar Generation Facility, Utility-Scale *

Sec. 200-500.3 Site Development Regulations
The following are general development standards for the C-1 General Commercial District. For
additional, modified or more stringent standards see Article III, Use and Design Standards.
(A)

Minimum Lot Requirements

1.

Area: No Minimum Requirement

2.

Frontage: No Minimum Requirement

(B)

Minimum Setback Requirements

Page 102 of 286

1.

Principal Structure:
Front Yard: No less than 20 feet from the property line along any right-of-way, including
primary and secondary routes. (Adopted 12/05/2012)
Side Yard: No Minimum Requirement
Rear Yard: No Minimum Requirement

2.

Accessory Structures:
Front Yard: No Minimum Requirement
Side Yard:

5 Feet

Rear Yard: 5 Feet
(C)

Maximum Height of Structures

1.

Principal Structures: 45 Feet

2.

Accessory Structures: 15 Feet

Sec. 200-600 I-1 General Industrial District

Sec. 200-600.1 Statement of Intent
The I-1 General Industrial District is created to establish and preserve areas within the county
that are suitable for business and more intensive industrial uses. The district allows a wide
variety of intensive industrial and warehouse uses.

Sec. 200-600.2 Permitted Uses
(A)
The following uses are permitted by right in the I-1 General Industrial District, subject to
all other applicable requirements contained in this ordinance. An asterisk (*) indicates that the
use is subject to additional, modified or more stringent standards as listed in Article III, Use and
Design Standards
1.

Agricultural Use Types
(None)

2.

Residential Use Types
Manufactured Home, Emergency *

3.
*

4.

Civic Use Types
Administrative Services
Cultural Services See Supplement Page
Public Maintenance and Service Facilities
Safety Services
Office Use Types

Page 103 of 286

Financial Institutions
General Office
Laboratories
Medical Offices
5.

Commercial Use Types
Automotive Repair Services, Major *
Business Support Services
Construction Sales and Services
Day Care Center *
Equipment Sales and Rental
Laundry
Manufactured Home Sales *
Mini-Warehouse *
Truck Stop

6.

Industrial Use Types
Asphalt Plant *
Construction Yard
Custom Manufacturing
Industry Type I
Industry Type II
Meat Packing and Related Industries
Railroad Facilities
Recycling Centers and Stations
Resource Extraction, Oil and Gas
Transfer Station
Transportation Terminal
Truck Terminal
Warehousing and Distribution

7.
*

Miscellaneous Use Types
Parking Facility, Surface/Structure
Solar Generation Facility, Small See Supplement Page
Utility Services, Major
Utility Services, Minor

(B)

The following uses are permitted by special use permit in the I-1 General Industrial
District, subject to all other applicable requirements contained in this ordinance. An
asterisk (*) indicates that the use is subject to additional, modified or more stringent
standards as listed in Article III, Use and Design Standards

1.

Agricultural Use Types
(None)

2.

Residential Use Types
(None)

3.

Civic Use Types
(None)

4.

Office Use Types
(None)

5.

Commercial Use Types

Page 104 of 286

(None)
6.

Industrial Use Types
Industry Type III
Landfill, Construction Debris
Landfill, Rubble
Landfill, Sanitary
Resource Extraction, Mineral
Scrap and Salvage Services *

7.

Miscellaneous Use Types

*
*
*

Sign, Animated * See Supplement Page
Sign, Billboard * See Supplement Page
Solar Generation Facility, Utility-Scale * See Supplement Page
Tower *

Sec. 200-600.3 Site Development Regulations
The following are general development standards for the I-1 General Industrial District. For
additional, modified or more stringent standards see Article III, Use and Design Standards.
(A)

Minimum Lot Requirements

1.

Area:

2.

Frontage: No Minimum Requirement

(B)

Minimum Setback Requirements

1.

Principal Structure:

No Minimum Requirement

Front Yard: No less than 20 feet from the property line along any right-of-way,
including primary and secondary routes. (Adopted 12/05/2012)
Side Yard: No Minimum Requirement
Rear Yard: No Minimum Requirement
2.

Accessory Structures:
Front Yard: No Minimum Requirement
Side Yard: 5 feet
Rear Yard: 5 feet

(C)

Maximum Height of Structures

Page 105 of 286

SUPPLEMENT
SCOTT COUNTY, VIRGINIA, ZONING ORDINANCE
*Amendment adopted July 6, 2011, to add to Section 200-600 I-1 General Industrial
District, Section 200-600.2 Permitted Uses, (B) Special Use Permit, (7) Miscellaneous Use
Types the following uses:
Sign, Animated *
Sign, Billboard *

*Amendment adopted January 18, 2017, to add to Section 200-600 I-1 General Industrial
District, Section 200-600.2 Permitted Uses, (A) Permitted by Right, (3) Civic Use Types the
following use:
Cultural Services

*Amendment adopted September 4, 2024, to add to Section 200-600 I-1 General Industrial
District, Section 200-600.2 Permitted Uses, (A) By Right, (7) Miscellaneous Use Types the
following use:
Solar Generation Facility, Small

*Amendment adopted September 4, 2024, to add to Section 200-600 I-1 General Industrial
District, Section 200-600.2 Permitted Uses, (B) Special Use Permit, (7) Miscellaneous Use
Types the following use:
Solar Generation Facility, Utility-Scale *

1.

Principal Structures: 45 Feet

2.

Accessory Structures: 15 Feet

Sec. 200-700 FOD Floodplain Overlay District

Page 106 of 286

Sec. 200-700.1 Statement of Intent
It is the intent of the Floodplain Overlay District to aid in providing safety and protection from
flooding. More specifically, the standards contained in this district help to prevent the creation of
health and safety hazards, the loss of property and life, the disruption of commerce and
governmental services, the extraordinary and unnecessary expenditure of public funds for flood
protection and relief, and the impairment of the tax base by:
1
Restricting the unwise use, development and occupancy of lands subject to inundation,
which may result in soil erosion, sedimentation and siltation, pollution of water resources, and
general degradation of the natural and manmade environment;
2.
Regulating uses, activities and development which, acting alone or in combination with
other existing or future uses, activities and development, if unregulated, will cause unacceptable
increases in flood heights, velocities and frequencies;
3.
Restricting or prohibiting certain uses, activities and development from locating within
areas subject to flooding;
4.
Requiring all those uses, activities and developments that do occur in flood prone areas to
be protected and/or flood proofed against flooding and flood damage;
5.
Protecting individuals from buying lands and structures which are unsuited for intended
purposes because of flood hazards; and
6.
Adequately providing for qualification and continuation of the Scott County in the
regular program of the national flood insurance program as administered by the Federal
Emergency Management Agency.

Sec. 200-700.3 Definitions
(A) All definitions pertaining to the administration and enforcement of the Floodplain Overlay
District are found in Article VI Definitions and Use Types

Sec. 200-700.5 Administration and Applicability
The provisions codified in this section shall apply to all lands within Scott County identified as
being floodplain districts as stipulated in this section. No land shall be developed and no
development and/or structure shall be located, related, constructed, reconstructed, enlarged or
structurally altered except in full compliance with the terms and provisions of this district and
any other applicable ordinances and regulations which apply to uses within the jurisdiction of
this ordinance.

Sec. 200-700.7 Establishment of Floodplain Districts and Restrictions
(A)

Floodplain districts shall include all land subject to inundation by the waters of the 100—
year flood. The source of this delineation shall be the flood insurance study for Scott
County as prepared by the Federal Insurance Administration-Federal Emergency
Management Agency, dated (Insert Date), or the most recent revision thereof. The
designated floodplain districts and accompanying regulations shall be overlays to the
existing underlying zoning districts as shown on the official zoning map, and as such the
provisions for floodplain districts shall serve as a supplement to the underlying zoning
district regulations. The physical boundaries of the floodplain districts are established as
shown on the flood insurance rate map (FIRM) from the above-cited flood insurance

Page 107 of 286

study, which map is declared to be a part of this ordinance and which shall be kept on file
in the office of the Building Official. In the event of any conflict between the provisions
of the overlaying floodplain districts and the underlying existing zoning regulations, the
more restrictive provisions shall apply.
B.

The delineation of any floodplain district may be revised, amended and modified by the
Board of Supervisors after Planning Commission and Board public hearings as required
by Sec. 500-120 of this ordinance and, Section 15.2–2204 of the Code of Virginia, in
compliance with the national flood insurance program, when there are changes through
natural, man-made or other causes and/or changes are indicated by future detailed
hydrologic and hydraulic studies. All such changes are subject to the review and approval
of the Federal Emergency Management Agency.
Initial interpretations of the boundaries of the floodplain districts shall be made by the
building official. Should a dispute arise concerning the boundaries of any of the areas,
the Board of Zoning appeals, in accordance with Sec. 500-128.1 shall make the necessary
determination. Persons questioning or contesting the location of the flood boundary shall
be given a reasonable opportunity to present their case to the Board and to submit
technical evidence.

C.

All applications for development in the floodplain district and all permits issued for the
floodplain shall incorporate the following information. Additional information may be
required by the administrator.

1.

For structures to be elevated, the elevation of the lowest floor (including basement).

2.

For structures to be flood proofed (nonresidential only), the elevation to which the
structure will be flood proofed.

3.

The elevation of the 100-year flood.

4.

Topographic information showing existing and proposed ground elevations.

Sec. 200-700.9 Development and Use by Special Use Permit
A.

All uses, activities, development, new construction and substantial improvements,
including prefabricated buildings and manufactured homes, occurring within any
floodplain district shall be undertaken only upon the issuance of a Special Use Permit, in
accordance with Sec. 500-124 and shall be undertaken only in strict compliance with the
provisions of this ordinance and with all other applicable codes and ordinances, including
the Scott County Subdivision Ordinance. Prior to the issuance of any such permit, the
Building Official shall require all applications to include compliance with all applicable
state and federal laws.

Sec. 200-700.11 Development Regulations, All Districts
A.

In any floodplain overlay district, the development and/or use of land (including new
construction and substantial improvements, placement of manufactured home and
prefabricated buildings) shall be permitted in accordance with the regulations of the
underlying district, provided that all such uses, activities and/or development shall be
undertaken in strict compliance with flood proofing, elevation, anchorage and related
provisions contained in the Virginia Uniform Statewide Building Code and all other
applicable codes and ordinances, and shall be constructed with material and utility
equipment resistant to flood damage, and be constructed by methods and practices that
minimize flood damage.

B.

All electrical water heaters, electric furnaces, other critical electrical installations and all
other electrical, heating, ventilation, plumbing and air condition equipment shall be

Page 108 of 286

permitted only at elevations at or above the level of the 100-year flood in all floodplain
districts, or shall be so designed or located such that waters from the base flood cannot
enter or accumulate within any components.
C.

All telephone utilities to be placed in any floodplain district shall be located and
constructed to minimize the chance of impairment during a flood, including being
elevated above the level of the 100-year flood whenever possible.

D.

New and replacement water supply systems, sanitary sewage systems including pumping
stations and collector systems, and gas and oil supply systems shall be designed and
located to minimize or eliminate infiltration of floodwaters into the systems and
discharges from the systems into floodwaters in all floodplain districts.

E.

Streets and sidewalks in all floodplain districts shall be designed to minimize their
potential for increasing and aggravating the levels of flood flow. Drainage openings shall
be required to minimize flood flows without significantly increasing flood heights or
established elevations identified within floodplain districts.

F.

Adequate drainage shall be provided to minimize exposure to flood hazards in all
floodplain districts and be designed to convey the flow of surface waters without damage
to persons or property. The system shall ensure drainage away from buildings, onsite
waste disposal sites and septic tank facilities with subsurface disposal fields. The County
may require a primarily underground system to accommodate frequent floods and a
secondary surface system to accommodate larger, less frequent floods. Drainage plans
shall be consistent with all local, regional and state drainage plans and requirements. All
facilities shall be designed to prevent the discharge of runoff onto adjacent properties.

G.

Preliminary subdivision plat requirements in accordance the Scott County Subdivision
Ordinance shall include a map showing the location of the proposed subdivision and/or
land development with respect to any designated flood district, including information on
but not limited to, the 100-year flood elevations, boundaries of the floodplain districts,
proposed lots and sites, fills and flood or erosion protective facilities. Proposals for any
other new development shall also include base flood elevation data and location of any
floodplain districts. Subdivision proposals and other proposed new development,
including manufactured home parks and subdivisions, shall be reviewed to determine
whether such proposals will be reasonably safe from flooding. If a subdivision proposal
or other proposed new development is in a flood prone area, any such proposals shall be
reviewed to assure that:

1.

All such proposals are consistent with the need to minimize flood damage within the
flood prone area;

2.

All public utilities and facilities, such as sewer, gas, electrical and water systems, are
located and constructed to minimize or eliminate flood damage; and

3.

Adequate drainage is provided to reduce exposure to flood hazards.

H.

All manufactured homes to be placed or substantially improved within any floodplain
district shall be elevated on a permanent foundation such that the lowest floor of the
manufactured home is one foot above the base flood elevation and is securely anchored to
an adequately anchored foundation system in accordance with the provisions of the
Virginia Uniform Statewide Building Code. The provision shall apply to subdivisions and
lots where an existing manufactured home is replaced, any expansion to an existing park
or subdivision, an existing manufactured home park or subdivision on which a
manufactured home has incurred substantial damage as the result of a flood, and to new
parks, subdivisions and installation constructed after the effective date of the initial
floodplain regulations.

I.

Recreational vehicles placed on sites shall either:

1.

Be on the site for fewer than 180 consecutive days; and

Page 109 of 286

2.
3.

Be fully licensed and ready for highway use; or
Meet the permit requirements for placement in the elevation and anchoring requirements
for manufactured homes in Sec. 300-100.3 of this section.

J.

For all new construction and substantial improvements, fully enclosed areas below the
lowest floor that are subject to flooding shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must either be certified by a registered
professional engineer or architect.

Sec. 200-700.13 Development Restrictions, Floodways
A.

Under no circumstances shall any use, activity, stream bed alteration or relocation, new
construction, substantial improvements and/or development adversely affect the capacity
of the channels or floodways of any watercourse, drainage ditch or any other drainage
facility or system. In floodways, no encroachments, fill, new construction, substantial
improvements or other development shall be permitted, except where the effect of such
development (as may be permitted in accordance with the regulations of the underlying
zoning district) on flood heights is fully offset by accompanying improvements which
have been approved by appropriate local, state and/or federal authorities as required by
law (i.e., no proposed use, development or activity shall be permitted within the floodway
which would cause any increase in flood levels during the 100-year flood).

B.

Prior to any proposed alteration or relocation of any channels or floodways of any
watercourse, stream, etc., within Scott County approval shall be obtained from the U.S.
Corps of Engineers, the State Water Control Board and the State Marine Resources
Commission. Furthermore, notification of the proposal shall be given by the applicant to
all affected adjacent jurisdictions, the Department of Conservation and Recreation,
(Division of Soil and Water Conservation) and the Federal Insurance Administration.

C.

The placement of any manufactured home within any floodway is strictly prohibited
except in an existing manufactured home park or existing manufactured home
subdivision.
Manufactured homes shall be elevated so that either: (1) the lowest floor of the
manufactured home is one foot above the base flood elevation; or (2) the manufactured
home chassis is supported by reinforced piers or other foundation elements of at least
equivalent strength that are no less than 36 inches in height above grade and be securely
anchored to an adequately anchored foundation system to resist flotation, collapse and
lateral movement.

Sec. 200-700.15 Existing Structures and Vacant Land
A.

1.

2.

A structure or use of a structure or premises which lawfully existed before the enactment
of this ordinance but which is not in conformity with the provisions of in this section may
be continued in accordance with Sec. 500-126. In addition, such structure or use shall be
subject to the following additional requirements:
Existing structures and/or uses located in floodways shall not be expanded or enlarged,
unless the effect of the proposed expansion or enlargement on flood heights is fully offset
by accompanying improvements.
Any modification, alteration, repair, reconstruction or improvement of any kind to a
structure and/or use located in any floodplain overlay district, to an extent or amount of
less than 50 percent of its market value, shall be elevated and/or flood proofed to the
greatest extent possible.

Page 110 of 286

3.

The owner and/or agents of any existing structure and/or use located in any flood plain
overlay districts shall fully disclose in writing to all prospective interested parties
including, but not limited to, purchasers and renters that
(a) the land and/or structures are located in flood prone areas, and
(b) whether any variances have been granted for certain structures located in flood prone
areas.

Sec. 200-700.17 Variances
(A)

The Board of Zoning Appeals, in accordance with Sec. 500-128.1 may consider petitions
for variance(s) from the provisions of this ordinance; provided, however, that all relevant
factors pertaining to the danger to life and property caused by increased flood levels and
velocities due to encroachments are thoroughly examined. In considering applications for
variances, the Board shall consider the following factors:

1.

The danger to life and property due to increased flood heights or velocities caused by
encroachments.

2.

The danger that materials may be swept onto other lands or downstream to the injury of
others.

3.

The proposed water supply and sanitation systems and the ability of these systems to
prevent disease, contamination and unsanitary conditions.

4.

The susceptibility of the proposed facility and its contents to flood damage and the effect
of such damage on the individual owners.

5.

The important of the services provided by the proposed facility to the community.

6.

The requirements of the facility for a waterfront location and a location within a
floodplain district.

7.

The availability of alternate locations not subject to flooding for the proposed use.

8.

The compatibility of the proposed use with existing development anticipated in the
foreseeable future.

9.

The relationship of the proposed use to the comprehensive plan and floodplain
management program for the area.

10.

The safety access to the property by ordinary and emergency vehicles in times of flood.

11.

The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters expected at the site.

12.

Such other factors which are relevant to the purposes of this ordinance.

(B)

No variance shall be granted for any proposed use, development or activity within any
floodway district, except in full compliance with all of the following requirements:

1.

The variance will not cause any increase in flood levels during the 100-year flood.
Appropriate documentation from a registered engineer must be submitted which
substantiates the impact on flood heights, velocities and flows through hydrologic and
hydraulic analyses and calculations. If the variance involves any alterations or relocations
to a floodway or its channel, such alterations or relocations shall also be approved as
required by law.

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The Board of Zoning Appeals shall notify the applicant for a variance(s) in writing that the
issuance of a variance(s) to construct a structure below the 100-year flood elevation:
1.

Increases the risks to life and property; and

2.

Will result in increased premium rates for flood insurance.

A record of the required notification as well as all variance actions, including justification for
their issuance, shall be maintained, and any variances, which are issued, shall be noted in the
annual report submitted as required by law.
Variances may be issued for the reconstruction, rehabilitation or restoration of structure listed on
the National Register of Historic Places or the state landmarks register without regard to the
procedures set forth in this section.
Requirements for granting a variance within the floodplain shall be as follows:
1.

The failure to grant the variance would result in exceptional hardship to the applicant;

2.

The variance will be the minimum relief to any hardship; and

3.

The granting of such variance will not result in:

4.

a.

Unacceptable or prohibited increases in flood heights;

b.

Additional threats to public safety;

c.

Nuisances; or

d.

Conflicts with local laws or ordinances.

The applicant has shown a good and sufficient cause to justify the variance.

Sec. 200-700.19 Liability
The degrees of flood protection sought by the provisions of this ordinance are considered
reasonable for regulatory purposes and are based on acceptable engineering methods of study.
Larger floods may occur on rare occasions. Flood heights may be increased by manmade or
natural causes, such as ice jams and bridge openings restricted by debris. These provisions do not
imply that areas outside the floodplain districts, or that land uses permitted within such districts,
will be free from flooding or flood damages.
The provisions of this ordinance shall not create liability on the part of the county or any office
or employee thereof for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made there under.

ARTICLE III USE AND DESIGN STANDARDS

Sec. 300-100 Generally
(A)

The standards contained in Article II District Regulations shall apply to all of the
following use types, unless specifically modified and/or superseded by the use and design
standards in this article.

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(B)

The standards listed as general standards shall apply in all zoning districts in which the
use type is permitted, either by right or by-special use.

(C)

Where a specific zoning district is indicated, the use and design standards listed in this
article shall apply to that zoning district, and shall be in addition to any general standard
for that use.

Sec. 300-100.1 Agricultural Use Types
Agriculture
(A)

General standards:

1.

Commercial uses such as gift shops and restaurants associated with viticulture operations
shall only be allowed by special use permit.

Farm Stand
(A)

General standards:

1.

At least 50 percent of the products offered for sale at the farm stand shall be produced on
the site of the stand or on contiguous property.

2.

Ingress and egress to the site of the farm stand shall be clearly delineated, and the
location and design of such shall be approved by the Virginia Department of
Transportation.

Stable
(A)

General Standards:
None

(B)

Stables shall comply with the following standards in R-1 districts:

1.

Minimum lot size: 2 acres

2.

On lots less than 5 acres no more than one stable animal per acre shall be permitted.

3.

Corrals shall comply with setback requirements for accessory structures.

4.

Stables shall manage animal waste so as not to create a nuisance or health hazard to
adjoining or nearby properties.

Sec. 300-100.3 Residential Use Types
Accessory Apartment
(A)

General Standards:

1.

An accessory apartment shall only be considered accessory to a detached single-family
dwelling.

2.

At the completion of construction, no accessory apartment shall contain more than 40
percent of the finished floor area of the principal dwelling.

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3.

No accessory apartment shall contain less than 300 square feet of finished floor area, or
more than 1000 square feet of finished floor area.

4.

Only one accessory apartment shall be allowed per lot or per principal dwelling.

5.

The owner of the principal dwelling shall reside on the property and the accessory
apartment shall only be occupied by a family member of the owner of the principal
dwelling.

Family Day Care Home
(A)

General Standards:

1.

All family day care homes shall comply with the Minimum Standards for Family Day
Care Homes established by the Virginia Department of Social Services, as may be
amended.

Home Occupation
(A)

Intent: These standards for home occupations are established in recognition that certain
small-scale business activities may be appropriate as an accessory use to a residential
dwelling. The character and scale of the business activity must be clearly minor and
subordinate to the principal use of the property as a residence.

(B)

General Standards:

1.

All home occupations shall be operated by the resident occupants of the dwelling that is
the location of the home occupation.

2.

Only residents of the dwelling shall be engaged in the home occupation activity. No other
employees shall be allowed at the site of the home occupation.

3.

No dwelling used for a home occupation shall be altered or used in any manner that
would cause the dwelling to differ in character from a residential use.

4.

No retail or wholesale sales shall be permitted as part of any home occupation.

5.

Lessons in the fine arts (dance, music, art), or tutoring shall be allowed as a home
occupation provided the total number of students shall not exceed ten per day.

6.

The care of up to a maximum of five individuals (including the children of the
owner/operator of the home occupation), shall be permitted as a home occupation.

7.

Upholstery, taxidermy, carpentry and cabinet making and tailoring shops shall be
allowed as home occupations in the AR Agricultural Residential District, provided the
scale and operation of such businesses comply with the home occupation standards
contained herein.

8.

Except in the AR Agricultural Residential District no signage shall be allowed. Signs
shall be allowed for home occupations in the AR district. Such signs shall not exceed
sixteen square feet in size nor have a height greater than five feet above grade. All home
occupation signs shall be located a minimum of ten feet from any property line.

9.

The home occupation shall not require the use or storage of hazardous or toxic materials
not normally found in a residential dwelling, and no such materials shall be associated
with the home occupation.

10.

There shall be no external storage of equipment or materials associated with the home
occupation, and there shall be no external evidence of the existence of the home
occupation on the property.

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11.

The volume and characteristics of traffic associated with the home occupation shall be
consistent with the volume and characteristic of traffic associated with dwellings in the
general area.

12.

The home occupation shall not involve the commercial delivery of materials or products
to or from the premises. Incidental deliveries common to residential dwellings shall be
permitted.

13.

More than one home occupation may be located within a single dwelling provided the
level of activity associated with all of the home occupations, when considered together,
does not violate any of these general standards.

(C)

Application Process:

1.

The administrator shall be responsible for reviewing all applications for home
occupations.

2.

Applicants for home occupations shall complete a home occupation application and in
doing so shall indicate compliance with the intent of these regulations and the general
standards contained herein.

3.

If the administrator believes that a proposed home occupation will comply with the intent
and general standards contained herein, the application for the home occupation shall be
approved.

4.

If the administrator believes that a proposed home occupation will not comply with the
intent and general standards contained herein, the administrator shall notify the applicant
of the changes necessary to achieve compliance with these provisions. If the applicant
disagrees with the opinion of the administrator, the administrator may, and at the request
of the applicant shall, refer the application to the Commission and Board of Supervisors,
which shall review the application as a special use permit pursuant to the provisions of
this ordinance.

(D)

Enforcement:

1.

The administrator shall have the authority to require compliance with these provisions.
When, in the opinion of the administrator, an operator of a home occupation violates the
home occupation standards contained herein, the administrator shall require compliance
pursuant to the procedures contained in Sec. 500-114.

Manufactured Home, Emergency
(A)

These regulations are adopted in recognition that temporary emergency housing options
may be necessitated by fire, flood, or other unforeseen and sudden acts of nature.

(B)

General Standards:

1.

The Board of Supervisors may authorize the emergency use of a manufactured home on
any residential lot if the building official certifies that the permanent dwelling on the lot
has been lost or destroyed by a fire, flood, or other unforeseen and sudden acts of nature,
and as a result in uninhabitable.

2.

Only one emergency manufactured home shall be permitted on a lot of record. It shall be
located on the same lot as the destroyed dwelling, and must be occupied only by the
person or family whose dwelling was destroyed.

3.

The emergency manufactured home shall meet all setback and yard requirements for the
district in which it is located. It shall be anchored and stabilized in accordance with
applicable building code provisions.

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4.

The emergency manufactured home must be removed as soon as reconstruction or
replacement of the uninhabitable dwelling is complete, or within a twelve-month period
of its placement on the site, whichever is sooner. A onetime extension of up to six
additional months may be granted by the Board of Supervisors if substantial
reconstruction of the destroyed dwelling has occurred and work has, and is continuing to
progress. No final certificate of occupancy for the reconstructed dwelling shall be issued
until the emergency manufactured home is removed from the site.

(C)

Where the President of the United States has declared a federal disaster; the Board may
authorize the placement of temporary manufactured homes supplied by the Federal
Emergency Management Agency (FEMA) to disaster victims who lost their homes. In
such cases all local zoning and building code requirements shall be waived in favor of
FEMA standards.

Manufactured Home Park
(A)

Approval Process:

1.

Manufactured home parks shall only be allowed in Manufactured Home Park Districts
(MHP).

2.

Applicants wishing to develop a new manufactured home park or expand an existing park
shall request an amendment to the official zoning map pursuant to the provisions of this
ordinance. All requests for MHP districts shall be considered conditional rezoning
requests.

3.

If the Board approves a new or expanded MHP district the applicant shall submit a site
plan in accordance with Sec. 400-100 of this ordinance. The submitted site plan shall be
approved by the County prior to commencing development of the park.

(B)

General Standards:

1.

There shall be no minimum lot size for any new or expanding park.

2.

Any new or expanding park shall have a minimum of 50 feet of frontage on a public
street.

3.

Any new or expanding park shall have a minimum lot width of 50 feet at the adjacent
public street, and any portion of the park devoted to the placement of manufactured
homes shall have a minimum lot width of 100 feet.

4.

Public water and sewer service shall be provided to all residential lots and accessory uses
within any new or expanding manufactured home park.

5.

No portion of any new or expanded manufactured home park shall be located within any
Floodplain Overlay District.

(C)

Density and Individual Lot Requirements:

1.

The maximum density of any new or expanding park shall be 10 manufactured home
units per acre.

2.

New individual lots devoted to the placement of manufactured homes shall have a
minimum area of 3,000 square feet and a minimum width of 30 feet.

3.

Each manufactured home lot shall have a pad constructed for the placement of the
manufactured home. Each pad constructed shall be located to allow the placement of a
manufactured home in full compliance with the area, lot and setback requirements
contained herein.

Page 116 of 286

4.

Each manufactured home shall be anchored to the pad in accordance with applicable
building code requirements

5.

Each manufactured home shall be skirted with a durable material within 30 days of
placement of the manufactured home on the site.

(D)

Setback Requirements:
Manufactured homes on new individual lots within any new or expanded manufactured
home park shall comply with the following minimum requirements:

1.

Front Yard: 20 feet from any street or driveway interior to the park; 30 feet from any
perimeter street or driveway.

2.

Side Yard:

5 feet

3.

Rear Yards:

10 feet

(E)

Open Space and Recreational Areas

1.

Any new or expanded manufactured home park shall devote a minimum of 10 percent of
the area of the park to recreational and open space uses.

2.

Areas of the park devoted to individual lots, streets, driveways, parking areas, and/or
office or laundry facilities shall not be counted as open space or recreation areas.

3.

Open space and recreation areas may be passive or active. No area shall have a
contiguous size of less than 5,000 square feet. The location and character of open space
and recreation areas should be appropriate to meet the needs of park residents and shall
include such facilities as recreation centers, swimming pools, athletic courts, bikeways,
walking trails, picnic areas, tot lots and other similar facilities.

(F)

Management Offices and Resident Services Facilities:

1.

An office area devoted solely to the management of the park shall be allowed within the
park.

2.

A convenience store, located within the building occupied by the management office, and
designed to serve only the daily needs of the park residents may be located within the
park. No signage associated with this use shall be allowed on the outside of this building,
or be visible from any property or road outside the park.

3.

Management provided laundry and storage facilities shall be allowed within the park,
provided these facilities are designed and located to primarily serve the needs of park
residents. These facilities may be located within the management office building, or may
be located elsewhere in the park.

(G)

Streets and Parking:

1.

Private streets and driveways shall be allowed within the manufactured home park. All
private streets and driveways shall be paved.

2.

Each manufactured home shall be provided a minimum of two parking spaces. These
spaces may be located on the individual manufactured home lots, or may be located
within common parking areas that are in a location convenient to the individual lots. The
surface material of all parking areas shall be established by the County as part of the
approval of the MHP District

3.

In addition to the above, parking spaces shall be provided for the management office
and all resident services facilities.

(H)

Status of Existing Parks:

Page 117 of 286

1.

In manufactured home parks established prior to the adoption of these provisions,
individual manufactured homes on existing lots may be removed and replaced, provided
the replacement home is located in approximately the same location as the home
removed.

Multi-Family Dwelling
(A)

Intent: The following minimum standards are intended to create a safe and healthy multifamily living environment. Setback and density regulations have been established to
insure an adequate separation between buildings

(B)

General Standards:

1.

Applicants for multi-family developments shall submit a site plan in accordance with
Sec. 400-100 of this ordinance. The submitted site plan shall be approved by the County
prior to commencing development of the site.

2.

The following minimum lot areas shall be required for all multi-family dwelling units.
The listed square footage requirements shall be in addition to a base minimum lot area
required by the district regulations
Number of Bedrooms in Unit

Efficiency
One Bedroom
Two Bedroom
Three Bedrooms
Four or more Bedrooms

Square Feet Required
1,500
2,000
2,500
3,000
3,500

For the purposes of calculating minimum lot area requirements, any room, other than a living
room, dining room or area, kitchen or bathroom that could be used for sleeping purposes shall be
counted as a bedroom.
3.

All multi-family dwellings shall be served by public water and sewer.

4.

A minimum 40-foot separation shall be provided between buildings containing multifamily dwellings. This minimum separation may be reduced to 20 feet if both facing
walls contain no windows, doors or balconies, or the corners of adjacent buildings are at
right angles to one another.

5.

Any new or expanded multi-family use containing over 20 units shall devote a minimum
of 10 percent of the area of the development to recreational and open space uses.

6.

Open space and recreation areas may be passive or active. The location and character of
open space and recreation areas should be appropriate to meet the needs of residents and
shall include such facilities as recreation centers, swimming pools, athletic courts,
bikeways, walking trails, picnic areas, tot lots and other similar facilities.

Townhouse
(A)

Intent: The following minimum standards are established in recognition that commonwall single family dwellings on individual lots of record are a viable housing alternative
to conventional detached single-family dwellings. These standards are intended to allow
flexibility in unit arrangements, unit size and yard space, thereby allowing the creation of
efficient and economical housing arrangements.

(B)

General Standards:

Page 118 of 286

1.

Applicants for townhouse developments shall submit a site plan in accordance with Sec.
400-100 of this ordinance. The submitted site plan shall be approved by the County prior
to commencing development of the site. A final subdivision plat pursuant to the
provisions of the Scott County Subdivision Ordinance shall be approved prior to the sale
of any townhouse lot.

2.

The minimum development size for any townhouse development shall be one acre. The
maximum density of any townhouse development shall be 10 dwelling units per acre.

3.

All townhouse developments shall be served by public water and sewer.

4.

Contiguous townhouse groupings shall contain a minimum of three units and a maximum
of twelve units.

5.

The facades of contiguous townhouses shall be varied by staggered front yards and
variations in design and materials. No more than four abutting townhouses shall have the
same front yard setback and the same architectural treatment of facades and roof lines.
The front yard stagger, when required, shall be a minimum of two feet.

6.

There shall be no minimum lot size for individual townhouse lots. However, each
townhouse lot shall be of sufficient size and dimension to comply with the unit width and
yard requirements of this section.
The minimum lot/unit width for any townhouse shall be sixteen feet.

7.
8.

The minimum front yard setback, for any townhouse fronting on a public street shall be
as specified in Article II, District Regulations.

9.

When practical, all townhouses shall be arranged such that only the front or side of any
unit shall face a public street. If site characteristics require that the backs of townhouses
face a public street, then vegetative screening and shall be required per the provisions of
this ordinance. Such vegetative screening shall not be located in the required rear yard of
any townhouse unit.

10.

The minimum front yard setback for any townhouse unit fronting on any private drive,
parking area, walkway or open space area intended for the common use of townhouse
occupants shall be a minimum of fifteen feet.

11.

In addition to any buffer yard requirements as specified in Sec. 400-200 of this
ordinance, the minimum side yard for any contiguous townhouse grouping adjacent to
property outside the townhouse development shall be twenty-five feet. Where groupings
of townhouses adjoin a private drive, parking area or walkway intended for the common
use of the townhouse occupants, a side yard of not less than ten feet shall be provided.

12.

There shall be a minimum rear yard of twenty-five feet for any townhouse unit.

13.

A minimum 40-foot separation shall be provided between groupings of townhouse units.
This minimum separation may be reduced to 20 feet if both facing walls contain no
windows, doors or balconies, or the corners of adjacent buildings are at right angles to
one another.

14.

No required townhouse yard shall contain any parking area, driveway, or parking
easement. Required yards shall be free of all physical improvements except for the
following:

15.

a.

Pedestrian walkways and sidewalks.

b.

Privacy fences in rear yards.

c.

Accessory buildings in rear yards. No accessory building shall exceed 100 square
feet in size.

The maximum height of any townhouse unit shall be three stories or 45 feet.

Page 119 of 286

16.

A homeowner's association shall be created for each townhouse development. The
homeowner's association shall be responsible for the perpetual maintenance of all open
space and common areas within the townhouse development.

Sec. 300-100.5 Civic Use Types
Cemetery
(A)

General Standards:

1.

Minimum Parcel Size: 5 acres. The minimum parcel size shall not apply to any family
cemetery provided that no graves or entombment rights therein are sold or offered for
sale to the public.

2.

For cemeteries established after the effective date of the ordinance, no interment shall
occur within 25 feet of the property line.

Sec. 300-100.7 Office Use Types

Substance Abuse Clinic
(A)

General Standards:

1.

No substance abuse clinic may be constructed, developed or operated within one thousand
(1,000) feet of any other such substance abuse clinic.

2.

No substance abuse clinic may be constructed, developed or operated within five hundred
(500) feet of a residentially or agriculturally zoned district, or within one-half mile of
property occupied or used for an educational facility, place of religious assembly, public
park and recreation area or day care center.

3.

The minimum lot size for any substance abuse clinic shall be one acre. This required
acreage shall be topographically suitable for the placement of buildings and/or required
parking and shall be located outside of any floodplain, or area otherwise subject to
flooding

4.

A special use permit, granted by the Board shall be required prior to the construction,
development, or operation of any substance abuse clinic.

5.

The "establishment" of a substance abuse clinic as referred to in this section includes the
opening of such business as a new business, the relocation of such business, the
enlargement of such business in either scope or area, or the conversion, in whole or part,
of an existing business to a substance abuse clinic.

Sec. 300-100.9 Commercial Use Types
Adult Uses
(A)

General Standards:

1.

No adult use may be constructed, developed or operated within one thousand (1,000) feet
of any other such adult use in any zoning district.

Page 120 of 286

2.

No adult use may be constructed, developed or operated within five hundred (500) feet of
a residentially or agriculturally zoned district, or within five hundred (500) feet of
property occupied or used for an educational facility, place of religious assembly, public
park and recreation area or day care center.

3

A special use permit, granted by the Board shall be required prior to the construction,
development, or operation of any adult use.

4.

In addition to these requirements, all adult uses shall be required as part of the special use
permit process to demonstrate compliance with the provisions of Scott County
Ordinances 2002-07 and 2006-02 adopted by the Board on December 4, 2002 and May 3,
2006.

5.

The "establishment" of an adult use as referred to in this section includes the opening of
such business as a new business, the relocation of such business, the enlargement of such
business in either scope or area, or the conversion, in whole or part, of an existing
business to any adult use.

Automobile Dealership, New
(A)

General standards:

1.

Outdoor display areas in conjunction with automobile sales shall be constructed of the
same materials required for off-street parking areas as required by Sec. 400-300 of this
ordinance.

2.

A perimeter landscaping strip and landscaping shall be provided as required by Sec. 400200.7 of this ordinance.

3.

The storage and/or display of motor vehicles in the perimeter landscaping strip shall be
prohibited.

4.

Exterior display or storage of new or used automobile parts is prohibited.

Automobile Dealership, Used
(A)

General standards:

1.

Outdoor display areas in conjunction with automobile sales shall be constructed of the
same materials required for off-street parking areas as required by Sec. 400-300 of this
ordinance.

2.

A perimeter landscaping strip and landscaping shall be provided as required by Sec. 400200.7 of this ordinance.

3.

The storage and/or display of motor vehicles in the perimeter landscaping strip shall be
prohibited.

4.

Exterior display or storage of new or used automobile parts is prohibited.

5.

Any vehicle, which is missing major mechanical or body parts or have been substantially
damaged shall be placed in a storage yard. The storage yard shall be fully screened from
public view and shall be set back at least 100 feet from any adjoining residential district.

Automobile Repair Services, Major
(A)

General standards:

Page 121 of 286

1.

All vehicles stored on the premises in excess of 72 hours shall be placed in a storage
yard. The storage yard shall be fully screened from public view and shall be set back at
least 100 feet from any adjoining residential district.

Bed and Breakfast
(A)

General standards:

1.

The owner or owner's family shall reside on the same parcel occupied by the bed and
breakfast.

2.

No more than five guest sleeping rooms shall be utilized for a bed and breakfast. The
maximum number of guest occupants at any one time shall not exceed 20 guests.

3.

Any building erected, enlarged or modified to accommodate a bed and breakfast shall
maintain the appearance of a residence. No rooms shall have direct entrance or exit to the
outside of the building, except that emergency exits when required by the fire marshal
may be provided for emergency purposes only.

4.

Guests may stay no more than 30 consecutive nights in any one calendar year.

5.

Meals shall be provided only to overnight guests and no cooking shall be permitted in
guest rooms.

6.

Required parking areas for guests and employees shall be provided on-site.

* Campgrounds See Supplement Page
Day Care Center
(A)

General Standards:

1.

All day care centers shall comply with the Minimum Standards for Day Care Centers
established by the Virginia Department of Social Services, as may be amended, unless
specifically exempt from those minimum standards.

2.

Parking areas and access driveways at all day care centers shall be designed to allow for
the easy and safe drop off and pick up of center attendees. No day care center shall be
allowed that causes congestion, or the disruption of traffic flow on adjacent or nearby
streets

3.

The administrator shall have the authority to require a special use permit for any day care
center, that due to its location and/or parking lot or access driveway design, has the
potential to result in congestion, or the disruption of traffic flow on adjacent or nearby
streets.

4.

* The administrator shall have the authority, pursuant to Section 15.2-2292.2 of the Code
of Virginia, as amended, to waive any requirements for zoning permits for the operation
of a child day program in an office building, defined as any building containing more
than two rental units that are rented primarily for retail, commercial, or professional use,
provided that such facility satisfies the requirements for state licensure as a child day
program, where such office building is located in an Agricultural and Forestry (AF) or
Agricultural and Residential (AR) District and listed in this ordinance as requiring a
special use permit. (Amended 08/07/2024)

Manufactured Home Sales
(A)

General Standards:

Page 122 of 286

1.

A perimeter landscaping strip and landscaping shall be provided as required by Sec. 400200.7

2.

The storage and/or display of manufactured homes in the perimeter landscaping strip
required above shall be prohibited.

3.

The storage of used manufactured homes on the premises, which are not suitable for
occupancy, shall be prohibited.

SUPPLEMENT
SCOTT COUNTY, VIRGINIA, ZONING ORDINANCE
*Amendment adopted July 6, 2022, to add to Article III Use and Design Standards, Section
300-100.9 Commercial Use Types, the following:
Campgrounds
(A)

Intent. The primary purpose of development standards for campgrounds is to protect the
health and safety of occupants and local residents and to maintain compatibility with
surrounding land uses. Important considerations are suitability of the proposed site for
campground development, size and spacing of campsites, vehicle circulation and parking,
accessory uses, open space, and accessibility for emergency services. These use and
design standards apply only to campgrounds, as defined in this ordinance, and shall apply
in addition to requirements of state law for campgrounds, including without limitation
those provisions set out in Title 35.1 of the Code of Virginia and 12VAC5-450-10, et
seq., for permitting and regulation by the Virginia Department of Health.

(B)

Definitions:

1.

Camping unit means tents, tent trailers, travel trailers, camping trailers, pick-up campers,
motor homes, yurts, cabins, or any other device or vehicular-type structure as may be
developed, marketed, and used by the camping trade for use as temporary living quarters
or shelter during periods of recreation, vacation, leisure time, or travel.

2.

Campsite means any plot of ground within a campground used or intended for the
exclusive occupation by a camping unit.

3.

Primitive campsites means campsites that are characterized by the absence of toilets,
showers, lavatories, electrical connections, or any combination thereof

(C)

General standards:

1.

Every application submitted for a special use permit for a campground shall contain the
following:

a.

Complete site plans and specifications of the proposed campground showing:

1.

The area, dimensions and topography of the entire tract of land;

2.

The land uses occupying the adjacent properties;

3.

The number, size and location of the proposed campsites, and parking areas;

Page 123 of 286

4.
5.

The location, right-of-way, surfaced roadway, width and surfacing materials of roadways
and walkways;
The proposed interior vehicular and pedestrian circulation patterns;

6.

The location of existing or proposed structures, use intended for each structure, and
location of open space recreation areas;

7.

The locations and details of lighting, electric and gas systems;

8.

Letter of review of proposed site access issued by the Virginia Department of
Transportation;

9.

If access is not from a publicly maintained street, then the applicant shall provide proof of
unencumbered access; and

10.

Written acknowledgement of the need to comply with the permitting requirements of the
Virginia Department of Health as well as the county zoning ordinance.

b.

Where a campground is proposed for construction in a series of stages, a master plan for
the development of the entire tract of land shall be submitted along with the detailed
plans and specifications for the initial stage.

(D)

Development standards:

1.

Compliance with state standards. Campgrounds shall comply with permit requirements
of the Virginia Department of Health, the zoning ordinance regulations as stated herein,
and conditions stated in the special use permit, which may be no less but possibly more
stringent than the general requirements of the Department of Health and zoning
ordinance.

2.

Parking pads. Each recreational vehicle site shall contain a stabilized vehicular parking
pad of gravel or other suitable material.

3.

Parking spaces. If the campground is open to wheeled vehicles, parking spaces shall be
provided and may be located at each campsite or in a separate parking area within the
campground.

4.

Access. If an entrance permit is required by the Virginia Department of Transportation,
the applicant shall obtain such entrance permit prior to initiating campground operations.

5.

Setbacks. The minimum front setback shall be 50 feet from any street right-of-way;
minimum side and rear setbacks shall be 15 feet. No campsites or parking areas may be
located within these setback areas; and no use other than open space recreation may
occupy the setback area.

6.

Screening. Vegetation or other landscaping features are encouraged to screen camping
sites from adjacent land uses.

7.

Water and sewer. If public water or sewer system is available to the campground, such
system shall be utilized, unless such requirement is waived by special use permit
condition.

8.

Accessory uses. Convenience establishments of a commercial nature, including, without
limitation, small grocery stores and concessions, coin-operated laundries, recreational
facilities, including swimming pools, saunas, game rooms, playgrounds, ballfields,
basketball and tennis courts, horseback riding, picnic areas and boat marinas, and other
uses and structures incidental to the operation of a campground may be permitted subject
to approval stated by description in the special use permit.

(E)

Permanent occupancy prohibited:

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1.

No camping unit in a campground shall be used as a permanent place of abode.
Continuous occupancy extending beyond 180 days in any 12-month period shall be
presumed to be permanent occupancy.

2.

Any action towards removal of wheels of a recreational vehicle, except for temporary
purposes of repair, is prohibited.

3.

The campground operator shall maintain records of campground occupancy sufficient to
demonstrate compliance with the prohibition against permanent occupancy. Such records
shall include initial date of arrival and final departure for the party of each responsible
camper and shall not be destroyed for a period of 12 months following the final date of
departure. (Adopted 07/06/2022)

Mini Warehouses
(A)

General standards:

1.

The minimum lot size shall be 1 acre.

2.

The minimum front yard setback shall be 30 feet.

3.

No security fencing, security gate or other obstruction to vehicle access shall be
permitted in the required front yard setback or in any buffer yard required pursuant to
Sec. 400-200

4.

All interior driveways shall be at least 26 feet wide when cubicles open onto one side
only and at least 30 feet wide when cubicles open onto both sides to accommodate
loading and unloading at individual cubicles. Adequate turning radiuses shall be
provided, where appropriate, for a 30-foot-long single unit truck or moving van. All
driveways shall be surfaced pursuant to Sec. 400-300.

5.

No door openings for any cubicle shall be constructed facing any residentially zoned
property.

6.

The following uses shall be prohibited:

a.

Auctions by tenants, commercial wholesale or retail sales or miscellaneous or garage
sales.

b.

The servicing, repair or fabrication of motor vehicles, boats, trailers, lawn mowers,
appliances or other similar equipment.

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c.

The operation of power tools, spray-painting equipment, table saws, lathes, compressors,
welding equipment, kilns, or other similar equipment.

d.

The establishment of a transfer and storage business.

e.

The storage of flammable, highly combustible, explosive or hazardous materials shall be
prohibited.

7.

Outdoor storage areas shall be used for the storage of motor vehicles, trailers, and
recreational vehicles only. All outdoor storage areas shall be screened from adjoining
properties by a 10-foot landscaped area consisting of small evergreen trees and evergreen
shrubs in accordance with Sec. 400-200.

8.

Accommodations for a live-in manager shall be permitted.

Recreational Vehicle Sales and Service
(A)

General standards:

1.

A perimeter landscaping strip and landscaping shall be provided as required by Sec. 400200.7

2.

The storage and/or display of recreational vehicles in the perimeter landscaping strip
required above shall be prohibited.

3.

Any recreational vehicle, which is missing major mechanical or body parts or has been
substantially damaged shall be placed in a storage yard. The storage yard shall be fully
screened from public view and shall be set back at least 100 feet from any adjoining
residential district.

Sec 300-100.11 Industrial Use Types
Asphalt Plants
(A)

General standards:

1.

A Type C buffer yard shall be required in accordance with Sec. 400-200.

2

If an asphalt plant is proposed within 1000 feet of a residential use type, the administrator
shall require that the proposed use apply for and receive a special use permit prior to the
plant’s construction and/or operation. In considering a special use permit request for an
asphalt plant, in addition to the general standards listed above, the commission and board
shall specifically consider and set standards for the following:

a.

The maximum height of any structure and any additional setback requirements necessary
to compensate for any increased height.

b.

Specific measures to control dust during the construction and operation of the plant.

c.

Specific levels of noise permitted during the daytime and nighttime operation of the
plant, as measured at adjacent property lines, and any additional requirements for the
design or operation of the plant intended to reduce noise.

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Scrap and Salvage Services
(A)

General Standards:

1.

All scrap and salvage materials, and all associated vehicles and equipment stored on the
premises overnight shall be placed in a totally enclosed building or in a storage yard.
The storage yard shall be fully screened from surrounding views and adjacent properties,
and shall be setback a minimum of 100 feet from any street right-of-way and from any
adjoining residential district.

Sec 300-100.13 Miscellaneous Uses
Amateur Radio Tower
(A)

General standards:

1.

An amateur radio tower shall be considered as an accessory structure and shall comply
with the minimum setback requirements for the respective zoning district.

2.

More than one tower shall be permitted on a site provided all setback requirements have
been met.

3.

Amateur radio towers shall only contain antennas and/or communications equipment that
are designed for receiving and transmitting amateur radio signals.

4.

Amateur radio towers shall be illuminated if required by the Federal Aviation
Administration (FAA) and the Federal Communications Commission (FCC), but no
lighting shall be allowed if not required by either agency.

(B)

In all zoning districts where amateur radio towers are permitted the following additional
standards shall apply:

1.

The maximum height permitted by right for an amateur radio tower shall be seventy-five
75 feet. Any tower, which exceeds this height, may be permitted only after obtaining a
special use permit in accordance with Sec. 500-124 of this ordinance and the additional
criteria established under (C) for such permits below.

(C)

Where a special use permit is required by this ordinance, the following criteria shall be
considered:

1.

In accordance with the FCC's Memorandum Opinion and Order in PRB-1 also known as
"Amateur Radio Preemption," 101 FCC2d 952 (1985), local regulation of amateur radio
towers shall consider the following:

a.

The FCC, in regulating and licensing amateur radio stations and operators, is operating
under basic federal objectives, which preempt certain local regulations, which preclude
amateur communications.

b.

Restrictions on the placement, screening, or height of towers based on health, safety or
aesthetic considerations must reasonably accommodate amateur communications.

c.

Restrictions must represent the minimum practicable regulation to accomplish the
purpose of the district in which the tower is proposed, as well as the purpose of this
ordinance as contained in Sec. 100-104.

2.

The specific height of the amateur radio tower shall be established as a condition of the
special use permit.

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Outdoor Gatherings
(A)

General standards:

1.

As part of the application for a special use permit the petitioner shall submit information
indicating the individuals and/or parties sponsoring the event, the nature of the gathering,
the events, displays and/or entertainment scheduled, the number of tickets to be sold, an
estimate of the total number of people expected to attend, and the dates for which the
permit is requested.

2.

In addition, a detailed plan shall be submitted of all facilities to be provided in
accordance with the following guidelines:

a.

Adequate provisions for sanitation facilities, garbage and trash collection and disposal,
and facilities for providing food, water and lodging for persons at the gathering shall be
provided.

b.

The sponsors shall provide for adequate medical facilities, fire protection and security of
the site.

c.

Adequate on-site parking shall be provided for all employees and patrons of the
gathering. The parking layout shall be determined in advance of the gathering,
adequately marked on the site and shall be supervised during the gathering in such a
manner as to provide safe and convenient access to all patrons and employees, and to
accommodate emergency service vehicles.

d.

Adequate off-site circulation and traffic controls to provide safe ingress and egress to the
gathering without burdening the existing road network or substantially disrupting the
normal flow of traffic.

e.

Any lighting installed for the gathering shall be directed away from adjoining properties.

f.

The level of any music and other noise created by the gathering shall be directed away
from any adjoining residence and may be specifically limited by the Board.

* Sign Regulations See Supplement Page

SUPPLEMENT
SCOTT COUNTY, VIRGINIA, ZONING ORDINANCE
*Amendment adopted July 6, 2011, to add to Article III Use and Design Standards, Section
300-100.13 Miscellaneous Uses, the following:
Sign Regulations
(A)

Signs generally. The sign regulations contained in this section shall apply generally to
signs in all districts, and no sign shall be erected, constructed, installed or attached except
in conformity with all of the provisions set forth in this section. Definitions of the
various types of signs regulated herein, as well as the method of measuring the area of
signs, shall be as set forth in Section 600-200.13 of this ordinance.

(B)

Billboard signs.

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1.

No billboard sign shall exceed three hundred (300) square feet in area with the following
exception. If the roadway is a divided four-lane highway, then a billboard may be up to
three hundred seventy-eight (378) square feet in area.

2.

There shall be no more than one (1) billboard sign attached to or painted on a sign
structure, except that two (2) billboard signs may be attached back-to-back on a single
structure, in which case such arrangement shall be considered a double-faced sign for
purposes of calculating permitted sign area as defined in Section 600-200.13.

3.

No billboard sign shall exceed a total height of thirty-five (35) feet.

4.

No two (2) billboard signs shall be located less than five hundred (500) feet apart along
the same side of a street or highway, as measured parallel to the edge of the roadway.

5.

No billboard sign shall be located within twenty-five (25) feet of any street line or within
one hundred (100) feet of any intersection of street lines.

6.

No billboard sign shall be permitted in any Agricultural and Forestry (AF) District or any
Manufactured Home Park (MHP) District.

(C)

Animated signs as defined in Section 600-200.13 shall be permitted by special use
permit.

(D)

Nonconforming signs. Except as provided in this section, a nonconforming sign as
defined in Section 600-200.13 may remain and may be maintained and repaired, provided
that such sign shall not be moved, replaced, structurally altered, or modified as to size,
shape or height except in conformity with the provisions of this section. The face of a
nonconforming sign or the copy thereon may be changed when all other provisions of this
section are met.

1.

The burden of establishing preexisting nonconforming status of signs and of the physical
characteristics/location of such signs shall be that of the owner of the property. Upon
notice from the zoning administrator, a property owner shall submit verification that
sign(s) lawfully existed at time of erection. Failure to provide such verification shall be
cause for the zoning administrator to order that such sign be removed.

2.

A preexisting nonconforming sign that is damaged or destroyed by a natural disaster or
other act of God may be repaired, rebuilt or replaced to eliminate or reduce the
nonconforming features to the extent possible, but if the sign cannot be repaired, rebuilt
or replaced except to restore it to its original nonconforming condition, the owner shall
have the right to do so. The owner shall apply for a building permit and any work done
to repair, rebuild or replace such sign shall be in compliance with all applicable
provisions of local, state, and federal law. Unless such sign is repaired, rebuilt, or
replaced within two years of the date of the natural disaster or other act of God, such sign
shall only be repaired, replaced, or rebuilt in accordance with the provisions of this
zoning ordinance. However, if the nonconforming sign is in an area under a federal
disaster declaration and the sign has been damaged or destroyed as a direct result of
conditions that gave rise to the declaration, then an additional two years is allowed for the
sign to be repaired, replaced, or rebuilt.

3.

Nothing in this section shall be construed to prevent the county, after making a
reasonable attempt to notify such property owner, from ordering the removal of a
nonconforming sign that has been abandoned. For purposes of this section, a sign shall
be considered abandoned if the business for which the sign was erected has not been in
operation for a period of at least two years or if one-half or more of the sign faces on the
sign structure has remained vacant of advertisement for an active product, business, or
service for a period of at least two years, or if the sign has fallen into such disrepair as to
constitute a safety hazard and has not been repaired for a period of at least two years.
Following the expiration of the two-year period, the locality may order the owner of the
property on which the sign is located to remove the sign, and the owner shall do so. If,
following such two-year period and such notification by the county, the sign has not been
removed, the county through its own agents or employees may enter the property upon

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which the sign is located and remove any such sign. The cost of such removal shall be
chargeable to the owner of the property. Nothing herein shall prevent the locality from
applying to a court of competent jurisdiction for an order requiring the removal of such
abandoned nonconforming sign by the owner by means of injunction or other appropriate
remedy.
(E)

Permits required. No permanent sign shall hereafter be erected or installed unless a sign
permit for such has been approved by the zoning administrator after confirmation that
such sign conforms with all applicable provisions of this ordinance. In the cases of signs
for which permits are required by the Virginia Uniform Statewide Building Code,
approval by the building official shall also be required. (Adopted 07/06/2011)

* Solar Generation Facility, Utility-Scale See Supplement Page
* Special provisions for battery energy storage facilities See Supplement, Page 68

Page 130 of 286

SUPPLEMENT
SCOTT COUNTY, VIRGINIA, ZONING ORDINANCE
*Amendment adopted September 4, 2024, to add to Article III Use and Design Standards,
Section 300-100.13 Miscellaneous Uses, and amended October 7, 2026, the following:
The purpose of these use and design standards is to provide for and regulate the siting,
development, construction, installation, operation, and decommissioning of solar energy
facilities in the county in a manner that promotes economic development and the safe,
effective, and efficient use of such facilities while protecting the health, safety, and
welfare of the community and avoiding adverse impacts on county resources. The intent
of these standards is to encourage solar energy facilities in a manner that promotes the
development of renewable energy sources while limiting impacts on natural resources,
including pollinator and wildlife habitats, and existing agricultural, forestal, residential,
commercial, industrial, historical, cultural, and recreational uses of property or the future
development of such uses of property in the county. These standards are not intended to
abridge safety, health, environmental, or land use requirements contained in other
applicable laws, codes, regulations, standards, or ordinances. These standards do not
supersede or nullify any provision of local, state, or federal law that applies to solar
energy facilities.
Solar Generation Facility, Utility-Scale
(A)

Definitions.
The following words, terms, and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:

1.

Applicant. The person or entity who submits an application to the county for a zoning
permit or special use permit, as the case may be, to site, develop, construct, install, and
operate a solar energy facility under this article.

2.

Facility owner. The person or entity that owns all or a portion of the solar energy
facility, whether or not, it owns the site on which the facility is located.

3.

Operator. The person or entity responsible for the overall operation and management of
the solar energy facility, if different than the facility owner.

4.

Project area. The area within a site used for the construction and operation of the solar
energy facility.

5.

Rated capacity. The maximum capacity of a solar energy facility based on the sum total
of each photovoltaic system’s nameplate capacity.

6.
7.

Site. The property containing a solar energy facility.
Site owner. The person or entity that owns all or a portion of the site, if different than the
facility owner.

(B)

Applications and procedures for Utility-Scale Solar Generation Facilities.
Applications for Utility-Scale Solar Generation Facilities shall, unless otherwise provided
herein, include the following information:

1.

Project narrative. A narrative identifying the applicant, facility owner, site owner,
proposed operator, and describing the proposed facility including an overview of the
facility and its location; the size of the site and the facility area; the current use of the site;
the estimated time for construction and proposed date for commencement of operations;
the planned maximum generated capacity of the facility identified as AC and/or DC; the
approximate number, representative types and expected footprint of solar equipment to be
constructed, including, without limitation, photovoltaic panels; ancillary facilities, if

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applicable, and how and where the electricity generated at the facility will be transmitted,
including the location of the proposed electric grid interconnection.
2.

Site plan. The site plan shall include the following information:

a.

Property lines, minimum required setback lines under these standards, and any proposed
setback lines that exceed the minimum requirements.

b.

Existing and proposed buildings and structures, including preliminary location(s) of the
proposed solar equipment.

c.

Existing and proposed access roads, permanent entrances, temporary construction
entrances, drives, turnout locations, and parking, including written confirmation from the
Virginia Department of Transportation (VDOT) that all entrances satisfy applicable
VDOT requirements; provided, however, these requirements shall not exceed VDOT
requirements for other types of projects in the underlying zoning district.

d.

Proposed locations and maximum heights of substations, electrical cabling from the solar
systems to the substations, panels, ancillary equipment and facilities, buildings, and
structures (including those within any applicable setbacks).

e.

Fencing as required under these standards and other methods of ensuring public safety.

f.

Areas where the vegetative buffering required in these standards will be installed and
maintained and areas where pollinator-friendly and wildlife-friendly native plants,
shrubs, trees, grasses, forbs, and wildflowers required in these standards will be installed
and maintained.

g.

Existing wetlands, woodlands and areas containing substantial woods or vegetation.

h.

Identification of recently cultivated lands and predominant soil types (based on publicly
available data) of those lands.

i.

Additional information may be required, as determined by the zoning administrator, such
as a scaled elevation view and other supporting drawings, photographs of the proposed
site, photo or other realistic simulations or modeling of the proposed solar energy project
from potentially sensitive locations as deemed necessary by the zoning administrator to
assess the visual impact of the project, aerial image or map of the site, and additional
information that may be necessary for a technical review of the proposal. The Planning
Commission or Board of Supervisors may also require other relevant information deemed
to be necessary to evaluate the application.

3.

Documentation of right to use property for the proposed facility. Documentation shall
include proof of control of the proposed site or possession of the right to use the proposed
site in the manner requested. The applicant may redact sensitive financial or confidential
information.

4.

Decommissioning plan and agreement; security.

a.

The applicant shall provide a detailed decommissioning plan and written agreement that
provides procedures and requirements for removal of all parts of the solar energy
generation facility and its various structures at the end of the useful life of the facility or
if it is deemed abandoned pursuant to section (E). The plan shall include the anticipated
life of the facility, the estimated overall cost of decommissioning the facility in current
dollars, the methodology for determining such estimate, and the manner in which the
project will be decommissioned.

b.

Prior to operation, the applicant must provide security in the amount of the estimated cost
of the decommissioning. Options for security include a cash escrow, a performance
surety bond, a certified check, an irrevocable letter of credit, or other security acceptable
to the county in an amount equal to the estimated decommissioning cost developed and
updated in accordance with the decommissioning plan acceptable to the county. The

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security must remain valid until the decommissioning obligations have been met. The
security may be adjusted up or down by the county if the estimated cost of
decommissioning the facility changes. The security must be renewed or replaced if
necessary to account for any changes in the total estimated overall decommissioning cost
in accordance with the periodic updated estimates required by the decommissioning plan.
Obtaining and maintaining the requisite security will be a mandatory condition of the
special use permit. The security shall be in favor of the county and shall be obtained and
delivered to the county before any construction commences.
c.

The owner, lessee, or operator shall hire a professional engineer licensed in the
Commonwealth to update the decommissioning plan cost estimate and corresponding
approved financial instrument every five years after the approval of the first
decommissioning plan to adjust for inflation, account for advancements in technologies
and processes for decommissioning, salvaging, or re-powering of renewable energy
facilities, and make any other necessary changes. The decommissioning plan shall
provide for the removal of the facility’s equipment from the landowner’s property and
return of the property to a useful condition similar to the preconstruction condition unless
otherwise agreed to by the landowner. After the decommissioning process is complete,
the facility shall comply with all stormwater provisions in state law. The project shall
provide an up-to-date decommissioning plan to the locality any time there is project
ownership outside of the current developer. Notice shall be provided to the local
government within 30 days of the sale or transfer of the lease or property, and a new
financial guarantee shall be provided by the new leaseholder or property owner.

5.

Liability insurance. The applicant shall propose a reasonable amount of liability
insurance that the applicant deems adequate to cover operations at the Utility-Scale Solar
Generation Facility. The applicant shall provide proof of such reasonable and adequate
liability insurance for the Utility-Scale Solar Generation Facility prior to the issuance of a
building permit. Obtaining and maintaining the requisite liability insurance will be a
mandatory condition of the special use permit.

6.

Landscaping and screening plan. The applicant must submit a landscaping and screening
plan that addresses the vegetative buffering required in these standards, including the use
of existing and newly installed vegetation to screen the facility. The plan also must
address the use of pollinator-friendly and wildlife-friendly native plants, shrubs, trees,
grasses, forbs, and wildflowers in the project area and in the setbacks as required by the
zoning administrator under these standards.

7.

Erosion and sediment control plan. An erosion and sediment control plan must be
approved by the Erosion and Sediment Control plan reviewer prior to any land disturbing
activity equal to or over 10,000 square feet.

8.

Stormwater management plan. A stormwater management plan must be approved by the
Stormwater Management plan reviewer prior to any land disturbing activity equal to or
over one acre.

9.

Virginia Cultural Resource Information System report. A report by the Virginia
Department of Historic Resources Virginia Cultural Resource Information System must
be submitted to identify historical, architectural, archeological, or other cultural resources
on or near the proposed facility.

10.

Additional information. If deemed relevant to the consideration of a special use permit
application or the conditions to be included in any special use permit, the zoning
administrator, Planning Commission, or Board of Supervisors may require the applicant
to submit any of the following information, either as part of the special use permit
application or as a condition of any special use permit:

a.

As a condition of the special use permit, the applicant will be required to submit a
construction plan, including a proposed construction schedule and hours of operation,
before obtaining a building permit.

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b.

The identification and location of any existing Utility-Scale Solar Generation Facilities
and any known proposed Utility-Scale Solar Generation Facilities within a five-mile
radius of the proposed site.

c.

A report of impact on adjacent property values prepared by a qualified third-party, such
as a licensed real estate appraiser.

d.

An economic impact analysis prepared by a qualified third-party that reports any
expected change in the value of the subject property, expected employment during the
construction of the facility, any expected impact on the county’s tax revenues, the
estimated costs to the county associated with the facility in the form of additional
services, and information on any other economic benefits or burdens from the facility that
may be requested by the zoning administrator.

e.

A report on the potential impacts on wildlife and wildlife habitats at the site and within a
two-mile radius of the proposed facility using information provided by the state
Department of Wildlife Resources or a report prepared by a qualified third-party.

f.

A glint and glare study that demonstrates either that the panels will be sited, designed,
and installed to eliminate glint and glare effects on the roadway users, nearby residences,
commercial areas, and other sensitive viewing locations, or that the applicant will use all
reasonably available mitigation techniques to reduce glint and glare to the lowest
achievable levels. The study will assess and quantify potential glint and glare effects and
address the potential health, safety, and visual impacts associated with glint and glare.
Any such assessment must be conducted by qualified individuals using appropriate and
commonly accepted software and procedures.

11.

Review fees. The county may retain qualified third-parties to review portions of a permit
application that are outside the county’s areas of expertise and do not have adequate state
and federal review. Any out-of-pocket costs incurred by the county for such review by
qualified third-parties shall be paid by the applicant. The third-party reviewers and their
estimated costs will be submitted to the applicant for approval before the costs are
incurred. The county may, in the alternative, accept such review by qualified thirdparties selected, retained, and paid by the applicant.

12.

Community meeting. A public meeting shall be held prior to the public hearing with the
Planning Commission to give the community an opportunity to hear from the applicant
and ask questions regarding the proposed facility. The meeting shall adhere to the
following:

a.

The applicant shall inform the zoning administrator and adjacent property owners in
writing of the date, time, and location of the meeting, at least seven but no more than 14
days, in advance of the meeting date;

b.

The date, time, and location of the meeting shall be advertised in a newspaper of record
in the county by the applicant, at least seven but no more than 14 days, in advance of the
meeting date;

c.

The meeting shall be held within the county, at a location open to the general public with
adequate parking and seating facilities that will accommodate persons with disabilities;

d.

The meeting shall give members of the public the opportunity to review application
materials, ask questions of the applicant, and provide feedback; and

e.

The applicant shall provide to the zoning administrator a summary of any input received
from members of the public at the meeting.

13.

Exemptions. The zoning administrator may exempt applications for facilities smaller
than four acres with a rated capacity less than one megawatt (MW) from some of the
requirements of this section.

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14.

Post-application documentation and approvals. All documentation required to be
submitted to and approvals required from the county after the issuance of the permit
shall, unless otherwise stated in the conditions attached to the special use permit, be
submitted, or obtained no later than the date of any application for a building permit for
the facility. The failure or refusal to submit required documentation or obtain required
approvals following the issuance of a special use permit shall result in the suspension of
the special use permit and the denial of the building permit.

(C)

Location, appearance, and operational requirements.

1.

Setback distances shall be measured from the nearest edge of the equipment as follows:
(i) between 150 and 200 feet from the nearest point on the outer wall of existing occupied
community buildings and dwellings on nonparticipating properties; (ii) between 50 and
100 feet from the outside edge of the roadbed of any road abutting the property; (iii) for
projects not greater than 25 megawatts, 50 feet from the edge, and for projects greater
than 25 megawatts, 100 feet from the edge, of tidal wetlands or nontidal wetlands, as
defined in 9VAC25-830, or from the top of bank of perennial streams, as defined in
Section 62.1-44.122 of the Code of Virginia, as amended; and (iv) between 50 and 75
feet measured from the nearest shared property line for nonparticipating properties.
Nothing in this subsection shall preclude the owner of a nonparticipating property from
waiving the foregoing setback requirements by written agreement. Setbacks shall not be
required for internal boundaries between adjacent participating parcels. For purposes of
clause (iii), “equipment” is limited to solar panels, racking equipment, and inverters.

2.

Fencing for the facility shall comply with Section 55.1-2804 of the Code of Virginia, as
amended, the latest version of the National Electrical Safety Code or any applicable
successor standard regarding requirements for limited access to facilities, and the
Uniform Statewide Building Code (Section 36-97 et seq. of the Code of Virginia, as
amended). Vegetative visual screening requirements shall not be required to exceed three
feet at planting, shall be between 25 and 50 feet wide, and shall allow for consideration of
preexisting natural or manmade visual barriers.

3.

The height of solar panels shall not exceed 25 feet above ground when the arrays are at
full tilt, except in cases where a height variance is necessary to allow for agrivoltaics
activity below or in proximity to the panels. For purposes of this section, “agrivoltaics”
means the same as that term is defined in Section 10.1-1197.5 of the Code of Virginia, as
amended.

4.

Visual impacts of facilities on public parks, scenic rivers and byways, and historic
structures or sites listed on or eligible for the National Register of Historic Places or a
county register of historic places shall be minimized. The county may request a
viewshed analysis as part of the special use permit application to assure that visual
impacts are minimized through solar panel placement, height, landscaping, and screening.
Such analysis shall account for existing vegetation and planned visual buffers. Such
screening may be accomplished on any property with the consent of the property owner.

5.

The facility shall implement light intensity dimming solution technology that provides a
means of tailoring the intensity level of lights according to surrounding visibility.

6.

The facility shall comply with all Department of Environmental Quality stormwater
regulations as established in 9VAC25-880.

7.

The facility shall minimize new impervious surface on the site and under its solar panels.

8.

Land disturbance, including site grading, construction, and landscaping, shall be
conducted in compliance with a stormwater pollution prevention plan. Topsoil shall not
be removed from the project site. Topsoil shall be returned to disturbed areas from
stockpiles as quickly as site conditions allow, unless returning soil would cause adverse
impacts to topsoil integrity or is otherwise not practicable for construction activities. Site
stabilization shall occur as the site is developed, following appropriate stabilization
timelines as identified in the General VPDES Permit for Discharges of Stormwater from
Construction Activities, and shall not be delayed until site construction is completed.

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The facility shall decompact soil as necessary and feasible for re-vegetation after
construction has concluded.
9.

When all land-disturbing activities at the construction site have been completed, the
facility shall initiate permanent stabilization to provide vegetative ground cover that
provides a minimum level of coverage over the project site. The county requires up to 75
percent vegetative cover, with no significant bare areas, that is mature enough to survive
and will inhibit erosion. The use of native and naturalized plants shall be encouraged and
invasive plants as established pursuant to Section 10.1-104.6:2 of the Code of Virginia, as
amended, shall be prohibited. For projects or portions of projects not used for animal
grazing, co-located crop production, native and naturalized pollinator plant species, or
native and naturalized meadow species shall be planted, except for in the area directly
beneath panels, and maintained throughout the solar project’s life. The seed mix shall
include a diversity of species with varied bloom times. Mowing shall be limited and
performed on a schedule that promotes the establishment of the native plantings, controls
invasive species, and minimizes impacts to wildlife. All trees and shrubs at the time of
planting shall accommodate adequate screening or buffering at the end of five years of
planting. Vegetation used to establish a visual screen shall not be trimmed to stunt
upward and outward growth or to otherwise limit the effectiveness of the visual screen.

10.

The facility shall provide for wildlife passage where needed by limiting fencing to the
areas in reasonable proximity to arrays and interconnection equipment to the extent
practicable and consistent with safety and security requirements. The facility shall
prioritize open wildlife access to riparian areas, wetlands, streams, and other areas not in
proximity to panels.

11.

The facility shall comply with all applicable state and federal labor and employment
laws, including apprenticeships and labor standards necessary to achieve any available
tax credit bonuses found in 26 U.S.C. Sections 45Y and 48E.

12.

The county requires the applicant to enter into a written agreement to decommission
equipment, facilities, or devices pursuant to Section 15.2-2241.2 of the Code of Virginia,
as amended.

(D)

Unsafe or abandoned projects; decommissioning.

1.

If a solar energy facility has been determined to be unsafe by the county building official,
the facility shall be required to be repaired by the facility owner, site owner, or operator
to meet federal, state, and local safety standards, or to be removed by the owner or
operator. The owner or operator must complete the repair or removal of the facility, as
directed by the building official, within the time period allowed by the building official.
If directed to do so by the building official, the owner or operator will remove the solar
energy facility in compliance with the decommissioning plan established for such facility.

2.

If any solar energy generation facility is not operated for a continuous period of 12
months, the county may notify the facility owner by registered mail and provide 45 days
for a response. In its response, the facility owner shall set forth reasons for the
operational difficulty and provide a reasonable timetable for corrective action. If the
county deems the timetable for corrective action to be unreasonable, it may notify the
facility owner, and the facility owner, site owner, or operator shall remove the solar
energy facility in compliance with the decommissioning plan established for such facility.

3.

At such time that a solar energy facility is scheduled to be abandoned, the facility owner,
site owner, or operator shall notify the zoning administrator in writing.

4.

Within 365 days of the date of abandonment, whether as declared by the county under
subsection (2) or as scheduled by the owner or operator under subsection (3), the facility
owner, site owner, or operator shall complete the physical removal of the solar energy
facility in compliance with the decommissioning plan established for such facility. This
period may be extended at the request of the owners or operator, upon approval of the
Board of Supervisors.

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5.

When the facility owner, site owner, operator, or other responsible party decommissions
a solar energy facility, he shall handle and dispose of the equipment and other facility
components in conformance with federal, state, and local requirements. All equipment,
both above and below ground, must be removed as part of the decommissioning plan.
Internal paths, roads, travel ways, and landscaping may be left at the discretion of the site
owner.

6.

If the facility owner, site owner, or operator fails to timely remove or repair an unsafe or
abandoned solar energy facility after written notice, the county may pursue a legal action
to have the facility removed at the expense of the facility owner, site owner, or operator,
each of whom shall be jointly and severally liable for the expense of removing or
repairing the facility. The county also may call upon the decommissioning security to
remove the facility.

(E)

Federal, state, and local requirements.

1.

Compliance with uniform statewide building code. All solar energy facilities shall be
constructed and operated in compliance with the uniform statewide building code.

2.

Compliance with National Electric Code. All solar energy facilities shall be constructed
and operated in compliance with the National Electric Code.

3.

Compliance with regulations governing electric energy supply. Utility-Scale Solar
Generation Facilities connected to the utility grid must comply with permitting
requirements of the state corporation commission or the permit by rule requirements of
the department of environmental quality, as applicable.

4.

FAA regulations. All solar energy facilities must meet or exceed the standards and
regulations of the Federal Aviation Administration.

5.

Other applicable laws. All solar energy facilities shall be constructed and operated in
compliance with all applicable local, state, and federal laws, rules, regulations, permit
requirements, and ordinances.

(F)

The Board of Supervisors shall furnish the State Corporation Commission a record of
special use permit decision reached pursuant to this section not more than 60 days after
such decision is made. The record shall include (i) the reason for any adverse decision,
(ii) any finding of nonconformity with the local comprehensive plan, and (iii) the date of
the last revision to the comprehensive plan. (Amended 10/07/2026)

*Amendment adopted October 7, 2026, to add to Article III Use and Design Standards,
Section 300-100.13 Miscellaneous Uses, Solar Generation Facility, Utility-Scale the
following:
(G)

In addition to the above general provisions, application requirements, and development
and performance standards, the following additional requirements shall be met for the
approval of a battery energy storage facility, as an accessory use when included in a
utility-scale solar project with a valid and approved special use permit in accordance with
this ordinance and Section 15.2-2316.10 of the Code of Virginia, as amended:

1.

Battery energy storage facilities shall be constructed, maintained, and operated in
accordance with national industry standards and regulations including the most current
adopted edition of the National Electrical Code, International Fire Code of the
International Code Council, and the National Fire Protection Association Fire Code. The
batteries will be NFPA (National Fire Protection Agency) compliant. In the event of a
conflict between the national industry standards and these conditions, the national
industry standards shall control so that as technology advances, updated technology may
be used.

2.

Battery cells shall be placed in a battery energy storage system (“BESS”) with a battery
management system (“BMS”). The BESS shall provide a secondary layer of physical
containment to the batteries and be equipped with cooling, ventilation, and fire

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suppression systems. Each individual battery shall have 24/7 automated fire detection
and extinguishing technology built in. The BMS shall monitor individual battery module
voltages and temperatures, container temperature and humidity, off-gassing of
combustible gas, fire, ground fault and DC surge, and door access and be able to shut
down the system before thermal runaway takes place.
3.

The battery energy storage system will be placed on an appropriate foundation and
screened with vegetation outside of environmentally sensitive areas.

4.

Access to all batteries and electrical switchgear shall be from the exterior for normal
operation and maintenance. Access to the container interior shall not be permitted while
the system is in operation except for safety personnel and first responders.

5.

Qualifications and experience from selected developers and integrators shall be provided
including disclosure of fires and other hazards at facilities.

6.

Safety testing and failure modes analysis data from selected developers and
manufacturers shall be provided.

7.

The latest applicable product certifications shall be provided.

8.

The solar facility operator or owner shall be responsible for any environmental
remediation required by the county or the state and the costs of such remediation. All
remediation shall be completed in a timely manner.

9.

Battery storage shall be developed in collaboration with technical experts and first
responders to utilize technology-appropriate best practices for safe energy storage
systems including, but not limited to, the following:

a.

Adequate access/egress for the first responders;

b.

Adequate facility signage (on battery chemistry and person to contact);

c.

Accessible safety data sheets;

d.

System-specific emergency response plans;

e.

Training for first responders on the type of system, potential hazards and risks, and
system-specific emergency response plans;

f.

Adequate water sources and fire suppression appliances for the fire fighters if required in
the emergency response plans;

g.

Signage on hazardous materials present in the vicinity;

h.

Emergency lighting;

i.

Separate battery modules to make it easier to isolate a failed battery from the rest;

j.

Sufficient disconnect and shutdown capability including a master kill switch to disable
and discharge batteries;

k.

System-appropriate sensors and alarms;

l.

Air ventilation and fire suppression systems;

m.

Drainage for water runoff; and

n.

Other practices as recommended by experts and local first responders.

10.

The solar facility operator or owner shall conduct regular on-site inspections of the
battery units and submit a written report to the zoning administrator on their condition, at

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least once every six months. The solar facility operator or owner shall conduct monthly
inspections electronically of the battery units and submit a written report to the zoning
administrator.
Towers (Amended August 7, 2024)
(A)

Intent. These minimum standards are intended to govern the location of all towers and
the installation of antennas and accessory equipment structures.

(B)

Towers, with related unmanned equipment buildings, shall be permitted only by special
use permit in zoning districts as specified in Article II District Regulations.

(C)

No tower or related facilities shall be located within 500 feet of any residential district.

(D)

Towers shall either maintain a galvanized steel finish or, subject to any applicable
standards of the FCC or FAA be painted a neutral color.

(E)

At any tower site, the design of the buildings and related structures shall use materials,
colors, textures, screening, and landscaping that will blend the facilities to the natural
setting and the built environment. The related unmanned equipment structure shall not
contain more than 750 square feet of gross floor area or be more than 12 feet in height,
and shall be located in accordance with the requirements of the zoning district in which
located.

(F)

Towers shall not be artificially lighted, unless required by the FCC or FAA. If lighting is
required, the board may review the available lighting alternatives and approve the design
that would cause the least disturbances to surrounding views.

(G)

All towers must meet or exceed current standards and regulations of the FAA, the FCC,
and any other agency of the federal government with the authority to regulate towers. If
such standards and regulations are changed, then the owners of the tower governed by
this section shall bring such structures into compliance with such revised standards as
required. Failure to bring a tower into compliance with such revised standards and
regulations shall constitute grounds for the revocation of the special use permit, and
removal of the tower at the owner’s expense.

(H)

The owner of any tower shall ensure that it is constructed and maintained in compliance
with standards contained in applicable federal, state, and local building codes and
regulations.

(I)

Each applicant requesting a special use permit for a new tower shall submit 25 copies of
a scaled site plan and a scaled elevation view and other supporting drawing, calculations,
and other documentation, signed and sealed by appropriate licensed professionals,
showing the location and dimensions of all improvements, including information
concerning topography, radio frequency coverage, height requirements, setbacks, drives,
parking, fencing, landscaping, easements, adjacent uses, and any other information
deemed necessary by the County to assess compliance with the regulations of this
ordinance.
Additionally, the applicant shall provide actual photographs of the site from designated
relevant views that include a simulated photographic image of the proposed monopole or
tower. The photograph with the simulated image shall include the foreground, the midground, and the background of the site. An engineering report, certifying that the
proposed tower and site are compatible for co-location with a minimum of three similar
users including the primary user, must accompany the application. The applicant shall
provide copies of their co-location policy.

(J)

In addition to any reasonable application fees established by Board, the applicant shall be
financially responsible for the cost of any professional engineering and or related
services that may be procured by the County to independently verify the application
information submitted by the applicant.

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(K)

No new tower shall be permitted unless the applicant demonstrates to the reasonable
satisfaction of the Board that no existing tower or structure can accommodate the
proposed antenna. Evidence submitted to demonstrate that no existing tower, or structure
can accommodate the applicant’s proposed antenna may consist of any of the following:

1.

No existing towers, or structures are located within the geographic area required to meet
the applicant’s engineering requirements.

2.

Existing towers or structures are not of sufficient height to meet the applicant’s
engineering requirements.

3.

Existing towers or structures are not of sufficient structural strength to support the
applicant’s proposed antenna or related equipment.

4.

The applicant’s proposed ant