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January 13 2021 Board_Agenda_Packet 7 f AGENDA BOARD OF SUPERVISORS WEDNESDAY, JANUARY 13, 2021 4:00 and 7:00 PM BOARD MEETING ROOM 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 22601 Closed Session - 4:00 PM - The Board will enter a closed session pursuant to Virginia Code Sec. 2.2-3711(A)(7) and (8) for (i) consultation with legal counsel and briefing by staff members pertaining to probable litigation, by the E. F. Johnson Company and/or one or more other persons, relating to a contract for and a public safety radio system, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body, and (ii) consultation with legal counsel requiring the provision of legal advice by such counsel, regarding a contract for and a public safety radio system. 1. Regular Meeting Call to Order - 7:00 PM 2. Invocation 3. Pledge of Allegiance 4. Organization of the Board of Supervisors for 2021 4.A. Pursuant to Code of Virginia, 1950, as Amended, the Board is Required to Organize Its Functions at Its First Meeting in January Including: 1. Election of Vice-Chairman 2. Adoption of Rules of Procedure 3. Selection of a Parliamentarian 4. Selection of Time and Place for Regular Meetings 5. Chairman's Annual Committee Assignments: a. Board Assignments to Committees b. Citizen Member Assignments to Standing Committees BOS01-13-21 MemoOrganizationAndMotions2021.pdf 5. Adoption of Agenda 6. Citizen Comments - For agenda items that are not the subject of a Public Hearing 1 Board of Supervisors Regular Meeting Agenda Page 2 January 13, 2021 7. Consent Agenda 7.A. Minutes of Regular Meeting of December 9, 2020 BOS01-13-21 MinutesBOS201209.pdf 7.B. Code and Ordinance Committee Report of December 8, 2020 BOS01-13-21 CodeAndOrd inanceCommReport8December2020.pdf 7.C. Human Resources Committee Report of December 11, 2020 BOS01-13-21 HRCommitteeReport11 December2020.pdf 7.D. Request for Use of Funds by the Public Works Committee: New Storage Building BOS01-13-21 PublicWorksUseOfFundsRequest.pdf 7.E. Request from the Commissioner of the Revenue for Refund and Supplemental Appropriation ARI Fleet LT - $7,004.75 BOS01-13-21 Refund Request.pdf 7.F. Employee of the Month Resolution Honoring B.J. Dove BOS01-13-21 EOMResDoveBJ.pdf 8. Board of Supervisors Comments 9. County Officials 9.A. Presentation of Employee of the Month Award to B.J. Dove 9.B. Spotted Lantern Fly Update: Kyle Rhoads and David Gianino Virginia Department of Agriculture and Consumer Services 2 Board of Supervisors Regular Meeting Agenda Page 3 January 13, 2021 County Officials, continued 9.C. Committee Appointments Historic Resources Advisory Board 4-year term of At-large Member Dr. Robert Meadows expires 1-12-2021 Dr. Meadows is eligible and willing to serve another term. Parks and Recreation Commission 4-year term of Back Creek Rep. Gary Longerbeam expires 1-17-2021 Mr. Longerbeam is eligible and willing to serve another term. Social Services Board Vacant 4-year term of At-Large Seat expires 5-24-21 See attached application of John Lamanna BOS01-13-21 Board Comm itteeAppts(01132021 BdMtg).pdf 10. Committee Business - Code and Ordinance Committee 10.A. The Code and Ordinance Committee unanimously recommends the following items be forwarded to public hearing: 1 . Ordinance re: Assessment of Court Costs for Courthouse Security— Proposed Increase per New Legislation 2. Ordinance re: Refunds of Incorrect Excess Payments of Business License Taxes 3. Ordinance to Require Payment of Real Estate Taxes prior to Issuance of Business License BOS01-13-21 CodeAndOrd inanceCommReport8December202O.pdf 3 Board of Supervisors Regular Meeting Agenda Page 4 January 13, 2021 11. Public Hearings (Non Planning Issues) 11.A. Ordinance, Pursuant to Virginia Code Section 15.2-1508, to Authorize the Payment of Certain Bonuses to Employees of the County, of and as Its Constitutional Officers, and of Entities for which the County Serves as Fiscal Agent. The Ordinance Would Authorize the Payment of a Bonus of$ 500 Each for Full- Time Employees, to be Paid on orBefore March 31, 2021, Other than to Those Employees Who Previously Received a Bonus Pursuant to the Ordinance Enacted by the Board of Supervisors on December 9, 2020. Ordinance - 2021 COVID Bonuses.pdf Ordinance - 2021 COVID Bonuses alt.pdf 12. Planning Commission Business - Public Hearings 12.A. Ordinance Amendment to the Frederick County Code, Chapter 165 Zoning, Article II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses; Part 204 Additional Regulations for Specific Uses, §165-204.33. Backyard Chickens; Chicken Coops in RP Zoning District. Revision to the Frederick County Zoning Ordinance to Allow Backyard Chickens in the RP (Residential Performance) District. The Ordinance Would Allow Single-Family Detached (SFD) Lots 15,000 Square Feet (SF, or 0.34-Acres) or Greater to Have Up to a Maximum of Six (6) Chickens by Right. This Ordinance Amendment Would Also Apply to Lots of 15,000 SF or Greater in the R4 (Residential Planned Community) and R5 (Residential Recreational Community) Zoning District. BOS1-13-21 OABackyardChickens.pdf 4 Board of Supervisors Regular Meeting Agenda Page 5 January 13, 2021 Planning Commission Business - Public Hearings, continued 12.13. Ordinance Amendment to the Frederick County Code, Chapter 165 Zoning, Revisions to the Frederick County Zoning Ordinance on Required Changes to the FP (Floodplain Districts) Article VII Overlay Districts; Part 702 FP Floodplain Districts; §165- 702.01. Statutory Authorization and Purpose, §165- 702.02. Applicability, §165 -702.03. Compliance and Liability, §165-702.04. Records (Relocated from Above), §165-702.05. Abrogation and Greater Restrictions, §165-702.06. Severability, §165-702.07. Administration, §165 -702.08. Jurisdictional Boundary Changes, §165-702.09. Submitting Model Backed Technical Data, §165-702.10. Letters of Map Revision, §165-702.11. Description of Special Flood Hazard Districts, §165-702.12. Overlay Concept, §165-702.13. Flood Insurance Rate Map, §165-702.14. District Boundary Changes, §165-702.15. Interpretation of District Boundaries, §165-702.16. Permit and Application Requirements, §165-702.17. General Standards, §165-702.18. Elevation and Construction Standards, §165- 702.19. Standards for Subdivision Proposals, §165-702.20. Existing Structures in Floodplain Areas, §165- 702.21. Factors to be Considered in Granting Variances, §165-702.22. Penalties for Violations;Article I General Provision, Amendments, and Conditional Use Permits; Part 101 General Provisions; §165-101.02. Definitions and Word Usage. Revisions to the Frederick County Zoning Ordinance on Required Changes to the FP(Floodplain Districts) to Remain Compliant with the State and Federal Regulations Necessary to Continue Participating in the National Flood Insurance Program (NFIP). BOS1-13-20 Flood plain Ord inanceAdjustment.pdf 13. Planning Commission Business - Other Planning Business - None 14. Board Liaison Reports 15. Citizen Comments 16. Board of Supervisors Comments 17. Adjourn 5 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: January 13, 2021 ��Gt• Agenda Section: Closed Session - 4:00 PM Title: The Board will enter a closed session pursuant to Virginia Code Sec. 2.2-3711(A)(7) and (8) for(i) consultation with legal counsel and briefing by staff members pertaining to probable litigation, by the E. F. Johnson Company and/or one or more other persons, relating to a contract for and a public safety radio system, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body, and (ii) consultation with legal counsel requiring the provision of legal advice by such counsel, regarding a contract for and a public safety radio system. Attachments: 6 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: January 13, 2021 ��Gt• Agenda Section: Organization of the Board of Supervisors for 2021 Title: Pursuant to Code of Virginia, 1950, as Amended, the Board is Required to Organize Its Functions at Its First Meeting in January Including: 1. Election of Vice-Chairman 2. Adoption of Rules of Procedure 3. Selection of a Parliamentarian 4. Selection of Time and Place for Regular Meetings 5. Chairman's Annual Committee Assignments: a. Board Assignments to Committees b: Citizen Member Assignments to Standing Committees Attachments: BOS01-13-21 MemoorganizationAndMotions202l.pdf 7 Gly C4 COUNTY of FREDERICK Office of the County Administrator Ann W. Phillips 17 38 Deputy Clerk,Board of Supervisors Tel: 540.722.8273 Fax: 540.667.0370 MEMORANDUM To: Board of Supervisors From: Ann W. Phillips, Deputy Clerk to the Board Re: Organization for 2021 Date: January 7, 2021 Attached please find a copy of the Board's Rules of Procedure which are adopted annually as part of the Board's reorganization. The only change proposed is the insertion of the Remote Meeting Policy adopted by the Board last spring. The policy can be found labeled as Section 1-12. on page 4 of the attached document. A draft motion for adoption has been enclosed for your consideration. Also attached are suggested motions for selecting a Parliamentarian and selecting the time and place for regular meetings. If you have any questions, please do not hesitate to contact me. Attachments 107 N. Kent Street•Winchester,VA•22611 8 January 13, 2020 MOTION for ADOPTION OF RULES OF PROCEDURE AND CONDUCT I move that the Board adopt the Rules of Procedure originally adopted by the Frederick County Board of Supervisors on May 28, 2003, and amended July 8, 2020, with the addition of Section 1-12., the Remote Meeting Participation Policy originally adopted by the Board on March 25, 2020. I further moved that the Board adopt Robert's Rules of Order Simplified and Applied. 9 January 13, 2020 MOTION for SELECTION OF A PARLIAMENTARIAN I move that the Board elect the County Administrator as Parliamentarian. MOTION for SELECTION OF A TIME AND PLACE FOR REGULAR MEETINGS I move that the second and fourth Wednesdays of each month, at 7:00 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia be the time and meeting place for the Frederick County Board of Supervisors for 2021 with the exception that the second meeting in November and December not be scheduled because of the conflict with the holidays. I further move that should a meeting be cancelled due to inclement weather, it will take place on the following evening. 10 RULES OF PROCEDURE AND CONDUCT FREDERICK COUNTY BOARD OF SUPERVISORS Adopted by the Frederick County Board of Supervisors at a Regular Meeting Held on May 28, 2003 ARTICLE I — MEETINGS Section 1-1. Annual Meeting; Schedule of Regular Meetings [Amended 01/09/19] On the second Wednesday of January of each year, or on such other date in the month of January as it may designate, the Board shall assemble in the Board of Supervisors' Meeting Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia, or such other public place as it may designate, in regular session and conduct its annual or organizational meeting. During the course of such meeting, the Board shall fix the date, time, and place of all of its regular meetings during the ensuing calendar year, and shall fix the day on which a regular meeting shall be continued should the Chairman later declare that weather or other conditions make it hazardous for members to attend. Thereafter, no changes shall be made to the schedule of regular meetings and continued dates of same unless the requirements of Section 15.2-1416 of the Code of Virginia, 1950, as amended, are first met, except that the Chairman may cancel a regular meeting in extenuating circumstances. Section 1-2. Special Meetings The Board of Supervisors may hold such special meetings as it deems necessary and at such times and places as it may find convenient. A special meeting can only be called pursuant to the requirements imposed by Sections 15.2-1417 and 15.2-1418 of the Code of Virginia, 1950, as amended. Section 1-3. Continued Meetings Upon majority vote of the members attending, the Board may continue its meetings, regular or special, from time to time as it may find convenient or necessary with no requirement to further advertise or announce. Section 1-4. Quorum and Method of Voting At any meeting, a majority of the Supervisors shall constitute a quorum. All questions submitted to the Board for decision shall be determined by a majority vote of the Supervisors present and voting on any such question, unless otherwise provided by law or these Rules of Procedure. The name of each member voting and how he or she voted will be recorded for each action taken by the Board of Supervisors. The Board of Supervisors has elected not to have a tiebreaker, as provided for by the Code of Virginia, 1950, as amended. 1 11 Section 1-5. Motions Subject to limitations imposed hereafter in these rules, discussion of items on the agenda shall be permitted for purposes of clarifying the issues and/or the options available for consideration. No call for a vote shall be allowed until a member of the Board moves a specific action with reasonable clarity and each member of the Board has thereafter had an opportunity to speak to the specific motion. Motions shall require a second. When possible, Board members making complex, multi-part, or lengthy motions are requested to provide the clerk with a written copy of the motion at the time the motion is made. Section 1-6. Motion to Adjourn At a meeting of the Board, a motion to adjourn shall always be in order and shall be decided without debate, provided each member of the Board is given a reasonable opportunity to be heard. Section 1-7. Motions While a Question is Under Debate When a motion is under debate at a meeting of the Board, no motion shall be received unless it is one to amend, to refer to committee, for the previous question, for a substitute motion to lay on the table, or to recess or adjourn. Section 1-8. Reconsideration of Motions, Etc., Upon Which Vote Has Been Announced; Rescission of Previous Actions [Amended 05/27/20] At any meeting of the Board, when any vote upon any motion, resolution, ordinance, or question has been previously announced at that meeting, the Board may not reconsider the matter unless and until a motion to that effect is presented at that meeting by a member of the Board who voted with the prevailing side when such motion, resolution, ordinance, or question was considered. Any such motion to reconsider shall be decided by a majority vote of the members present at the time such motion to reconsider is presented. If the Board approves the motion to reconsider, the Board shall then proceed with debate on the matter as it was pending prior to the original vote on the matter. At a subsequent meeting of the Board, the Board may not rescind any motion, resolution, ordinance, or question announced at a previous meeting, except and unless: -The action at issue is practically capable of being rescinded (e.g., a completed transaction or an approval upon which a party has detrimentally relied may not be the subject of a motion to rescind); -A Board member makes the motion to rescind not more than 30 days after the vote upon the matter; and either -If the Board member has given notice of intent to make the motion to rescind, either by giving such notice at the immediately previous meeting of the Board or by requesting inclusion of the motion to rescind on the agenda for the meeting at which the Board member intends to make the motion, and such motion to rescind receives 2 12 the affirmative vote of a majority of the members present at the time such motion to rescind is presented; or -If the Board member has not given such notice of intent to make the motion to rescind, the motion to rescind receives the lesser of (i) the affirmative vote of a majority of the members (including those not present at the time such motion to rescind is presented) or (ii) the affirmative vote of two-thirds of the members present at the time such motion to rescind is presented. This situation of having not given notice shall be an exception to the notice requirements of Article V, Section 5-1 and, in the circumstances in the previous clause, if the requisite vote is obtained, advance notice to the Clerk is not required. If the Board approves a motion to rescind, the Board shall proceed with debate on the matter as it was pending prior to the original vote on the matter, but such debate and further decision of the matter shall take place not sooner than the next regularly scheduled meeting of the Board. If the matter was the subject of a public hearing, approval of the motion to rescind shall require the readvertising and reopening of the public hearing at a subsequent meeting of the Board, before the Board may take further action on the matter. Section 1-9. Robert's Rules of Order;Suspending Rules [Amended 09/14/11] [Amended 02/14/18] The proceedings of the Board of Supervisors, except as otherwise provided in these rules and by applicable State law, shall be governed by the latest version of Robert's Rules of Order, Simplified and Applied, with the exception of motions to postpone. Motions to postpone shall be for durations as decided by the Board of Supervisors and in conformity with the Code of Virginia, 1950, as amended, as applicable. These Rules of Procedure of the Board may only be suspended on presentation of a motion to that effect, which is carried by majority vote of the members present and voting. Section 1-10. Board to Sit with Open Doors The Board of Supervisors shall sit with open doors, and all persons conducting themselves in an orderly manner may attend the meetings. However, the Board may hold closed meetings as permitted by law. Closed meetings may be placed on the agenda or may be requested by any member of the Board. However, no closed meeting shall be convened unless and until the Board has favorably acted on a motion to so convene, and then, only if such motion accurately states a lawful reason for such closed meeting as permitted by and outlined in Section 2.2-3711 of the Code of Virginia, 1950, as amended. Section 1-11. Limitations on Duration and Hour of Meetings;Adjournment Meetings of the Board of Supervisors shall not continue for more than 4 consecutive hours or later than 11:00 P.M. without the consent of a majority of the members present. Should it appear to the Chair that the matter or matters before the Board cannot be heard within the time remaining, the Chair shall poll the members of the Board to determine the desire of the 3 13 members. The Chair shall adjourn or recess the meeting upon final action on the current agenda item unless a majority of the members agree to exceed the limits established by this section. Any items not taken up by the Board of Supervisors prior to adjourning will be added to the agenda of the next meeting without further action of the Board. Section 1-12. Remote Meeting Participation [Adopted 3-25-20; Inserted In To Rules 1-13-21] The Board of Supervisors adopted the following policy to permit individual Supervisors to participate via electronic communication means in Board meetings, as permitted by Virginia Code § 2.2-3708.2. Section 2.2-3708.2 states, with respect to such a policy: "The policy shall be applied strictly and uniformly, without exception, to the entire membership and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on at the meeting." A Supervisor may participate from a remote location when he or she experiences a personal matter or medical condition or disability that prevents attendance in person. Whenever a Supervisor wishes to participate from a remote location, the following requirements apply: • On or before the day of the meeting, the Supervisor must notify Chair or, if the Supervisor who wishes to participate remote is the Chair, the Chair must notify the Vice Chair, and indicate the nature of the matter necessitating remote participation, as set forth below. • The Supervisor's absence must be due to a personal matter or medical condition or disability that prevents attendance in person. o In the case of absence due to a personal matter (not medical/disability), the Supervisor may not participate remotely more than twice in one calendar year, and the Supervisor shall identify the personal reason, for inclusion in the Board's minutes to note remote participation for that reason. o In the case of absence due to medical/disability reason, the minutes must note the fact of remote participation for that reason, but minutes need not note the particular condition/disability. There is no limit on the number of times a Supervisor may participate remotely for medical/disability reasons. • The Supervisor must identify the location of his participation (which itself need not be open to the public), for inclusion in the Board's minutes. • The Supervisor 's voice must be audible to all persons attending the meeting in person. • The Board must approve such participation on the particular occasion and note that fact in the minutes. If the Board denies participation, the Board also must note that fact in the minutes, with the reasons for disapproval. With respect to approval/denial, the Board must uniformly apply the policy (denial can only be for noncompliance with the policy). • A quorum of the Board must be physically present at the meeting location. 4 14 ARTICLE II —GENERAL CODE OF CONDUCT [Added 5/27/20] Section 2-1. General Conduct A. Each Board member will treat fellow Board members, citizens, staff, employees, and committee members with respect. B. Members of The Board, as individuals, have no legal authority to bind the County outside the meetings of The Board. C. To ensure the highest standards of respect and integrity during public meetings, the Board will observe the following: 1. Board members will refrain from engaging in dialogue with members of the public during hearings or citizen comments periods. 2. Board members will honor the role of the presiding officer in maintaining order and equity and respect the efforts to focus discussion on current agenda items. Section 2-2. Roles and Responsibilities A. The role of the Board of Supervisors is to develop County policy. The role of the County Administrator is to direct the fulfillment of County policy in the day to day oversight of County staff. B. Board members will ensure that policy decisions and directions are communicated from the entire Board; no single member will provide direction on policy implementation to the County Administrator. C. Board members' interactions with staff should not unreasonably interfere with employee productivity. Board members should refrain from making requests that may unreasonably affect workload. Members of The Board will not give direction to any County staff member. Any request for action, which is not part of the routine or customary work of a committee or for routine or customary assistance, will be submitted to the County Administrator for consideration by The Board if necessary. D. Board members will forward any concerns about employees or staff to the County Administrator. Concerns about the County Administrator will be forwarded to the Chairman and presented as necessary to the Board in executive session for discussion. E. Board members will forward citizen complaints to the County Administrator for him to pass on to the appropriate personnel. F. Board members will not discuss or disclose to any person not a party to the privileged discussion any matter involving communication between the Board and legal counsel or any aspect of legal strategy or work product without approval of the full Board to avoid waiver of legal privileges. G. Board members will not discuss any matter that has been presented to the Board in closed session with the public or otherwise make disclosure of such matters, unless the full Board authorizes disclosure, or unless such matter has become a part of the public record, and only then shall discussion be allowed to the extent that no undisclosed or privileged information is disclosed. 5 15 H. The Board recognizes that documents related to County Business, including all electronic transmittals sent or received in the performance of their duties as a Board Member, are subject to the requirements of the Freedom of Information Act. I. When responding to the media, Board members will make sure there is a clear distinction between personal opinion or belief and a position of the Board. Whenever appropriate, the Public Information Officer will assist in communications with citizens and themedia. J. If a Board Member repeatedly violates this Code of Conduct, the Board may, by an affirmative vote of a majority of the Board, officially censure that member. Article III - OFFICERS Section 3-1. Chairman and Vice Chairman [Amended 01/14/09] At the annual or organizational meeting of the Board of Supervisors, as described in Section 1-1 hereof, the Board shall elect from its membership a Vice Chair, who shall serve for a one year term expiring on December 31 st of the same year in which he or she is elected; provided, however, that unless the term of office has expired and the member has not been re- elected, the Vice Chair shall serve until their respective successor(s) shall have been elected and qualify. In the event that the Chair is absent from any meeting, the Vice Chair shall assume the authority and duties of the Chair. In the event the Chair and Vice Chair are absent from any meeting of the Board, then the members present at such meeting shall choose one of their number as temporary Chair by majority vote of the members present and voting. Section 3-2. Authority of the Chairman The efficient and dignified conduct of public business is the ultimate concern of the Board. Accordingly, it is the policy of the Board that its meetings be conducted with the highest degree of order and decorum, and the Board will permit no behavior, which is not in keeping with this policy. The Chairman shall preserve order and decorum at all meetings. He shall recognize persons desiring to speak and shall ensure that speaker's comments are limited to the issue before the Board for consideration and that any limitations on time are observed. The Chairman shall ensure that all persons entitled and desiring to speak are permitted to do so without interruption or comment during their presentation. The Chair shall determine if statements are demeaning, inappropriate, or out of order, and shall have the authority to revoke the speaker's right to continue. The Chairman may order the expulsion of any person for violation of rules, disruptive behavior, or any words or action that incite violence or disorder, subject to appeal to the Board. Any person so expelled shall not be readmitted for the remainder of the meeting from which he was expelled. Any person who has been so expelled and who at a later meeting again engages in words or actions justifying expulsion may be barred from attendance at future meetings of the Board for a specified and reasonable period of time not to exceed six months or upon a still subsequent expulsion, a period not to exceed one year, either by the Chairman, subject to appeal to the Board, or by motion passed by the Board. 6 16 The Chairman shall have the power to administer an oath of honesty to any person concerning any matter submitted to the Board or connected with its powers and duties. The power to administer an oath granted to the Chair in this section shall be no greater than the same power authorized by Section 15.2-1410 of the Code of Virginia, 1950, as amended. Section 3-3. Clerk [Amended 05/27/20] The Clerk of the Board shall be the County Administrator, and the duties and responsibilities of that position shall be as specified in Section 15.2-1539 of the Code of Virginia, 1950, as amended. At the discretion of the Board, any county employee can be designated as Deputy Clerk, or Temporary Clerk, as the circumstances may require, and said employee shall have the same powers and duties outlined herein for the duration of said appointment. ARTICLE IV—AGENDA Section 4-1. Preparation [Amended 07/08/20] The Clerk shall prepare an agenda for each meeting of the Board of Supervisors, conforming to the order of business specified in Section 5-1 under Order of Business. It is strongly recommended that supporting information for every item to be placed on the regular meeting agenda be received in the Office of the County Administrator before noon on the Wednesday that falls in the week immediately prior to the regularly scheduled Board meeting. Agendas for special meetings shall be prepared as far in advance as the circumstances necessitating the special meeting allow. The clerk shall include on the agenda all matters for which a written request and supporting information have been received in advance of the deadline herein established. Section 4-2. Delivery Each member of the Board shall receive the regular meeting agenda, along with the supporting information available to staff, on the Friday of the week prior to the regular meeting to be held on the second and fourth Wednesdays of each month. Special meeting agendas and supporting information will be delivered as far in advance as the circumstances necessitating the special meeting allow. Section 4-3. Posting and Notice [Amended 02/14/18] A copy of the meeting agendas shall be made available in the Office of the County Administrator, as of the date and time the information is distributed to members of the Board. Agendas will also be posted on the county web page and outside the main entrance to the Board of Supervisors' meeting room. 7 17 Section 4-4. Copies [Amended 02/14/18] Individuals desiring complete copies of agenda packages shall arrange with the Clerk for the delivery and cost of the information desired. ARTICLE V - CONDUCT OF BUSINESS Section 5-1. Orderof Business[Amended 06/11/03];[Amended 01/14/04];[Amended 02/14/18]; [Amended 08/08/18]; [Amended 05/27/20] At meetings of the Board, the order of business should be as follows: Closed Session (When Required) Call to Order Invocation Pledge of Allegiance Adoption of Agenda Citizen Comments (Agenda Items Only, That Are Not Subject to Public Hearing.) Consent Agenda (Will contain Minutes and Committee Reports) Board of Supervisors Comments County Officials Committee Business Public Hearings— Non Planning Issues (When Required) Planning Commission Business Public Hearings (When Required) Other Planning Commission/Department Business Liaison Reports (If Any) Citizen Comments Board of Supervisors Comments Adjournment Items as to which a Board Member requests that the Board take action shall be submitted to the Clerk in accordance with Section 4-1 and shall not be heard under either of the Board of Supervisors Comments portions of the agenda. Section 5-2. Adoption of Agenda The agenda presented for adoption shall be the agenda prepared and delivered as required in Article IV. Additions, deletions, or modifications and/or adoption of the agenda shall require the consent of a majority of the members of the Board present at the meeting. 8 18 Section 5-3. Consent Agenda The Consent Agenda shall be introduced by a motion "to approve the Consent Agenda," and shall be considered by the Board as a single item. There shall be no debate or discussion by any member of the Board regarding any item on the Consent Agenda, beyond asking questions for simple clarification. On objection by any member of the Board of Supervisors to inclusion of any item on the Consent Agenda, that item shall be removed from the Consent Agenda forthwith. Such objection may be recorded at any time prior to completing the taking of a vote on the motion to approve the Consent Agenda. Items which have been objected to and removed from the Consent Agenda shall be acted upon in the original order presented within the agenda. Approval of the motion to approve the Consent Agenda shall constitute approval, adoption, or enactment of each motion, resolution, or other item of business thereon, exactly as if each had been acted upon individually. Section 5-4. Citizen Comments Period[Amended 4/14/04] [Amended 01/10/18];[Amended 02/14/18]; [Amended 05/27/20] Two Citizen Comments periods shall be furnished during every regular meeting of the Board of Supervisors. The first Citizen Comments period shall occur after the adoption of the agenda and shall be a time for citizens to address agenda items that are not scheduled for public hearing. A register for persons desiring to address the Board of Supervisors during this Citizen Comments period shall be furnished prior to the beginning of every regular meeting of the Board of Supervisors. Citizens desiring to address the Board of Supervisors during this period shall be signed up to speak by providing their own name and Magisterial District on a register list provided for this purpose by the Clerk to the Board. The Chair shall determine from the register the approximate number of persons desiring to comment and may establish the manner in which speakers are recognized and the length of time each may speak. The second Citizens Comments period shall occur prior to the Board of Supervisors Comments at the end of the meeting and shall be a time for citizens to address the Board of Supervisors on issues that are relevant to the County. Citizens desiring to address the Board of Supervisors during this period are not required to register; however, each shall state their name and their Magisterial District of residence prior to their comments. Any person desiring to address the Board of Supervisors during the Citizen Comments periods shall be required to abide by the rules governing such presentations as set forth in these rules in Article VII-Citizen Responsibilities. Members of the Board shall neither engage in debate with, nor shall they be expected to answer questions posed by individuals speaking during the Citizen Comment period. Section 5-5. Scheduled Presentations Any person desiring to address the Board of Supervisors for a presentation under County Officials shall be required to abide by the rules governing such presentations as set forth in these rules in Article VII-Citizen Responsibilities. Any citizen or staff member who desires to address the Board during the County Officials portion of the agenda at a regular meeting shall submit a written request to the Clerk, 9 19 or his/her designee, identifying, with reasonable certainty, the subject matter of the presentation. Such request must be in the Clerk's hands not later than the agenda deadline specified in Section 4-1 hereof. Only the person requesting to make the presentation may do so, unless otherwise permitted by the Chair, and every such speaker shall be subject to a five minute time limit for the presentation itself, which limit can be extended with agreement of the Chairman. Board member questions and discussion of the material presented shall not be subject to any time limit. Persons making presentations should be prepared to answer questions and provide detailed information in response to questions from members of the Board. ARTICLE VI - PUBLIC HEARING ITEMS Section 6-1. Format for Public Hearing Items It is the purpose and objective of the Board of Supervisors to give each citizen an opportunity to express his/her views on the issue(s) at hand at public hearings and to give all speakers equal treatment and courtesy. While it is often necessary to have a presentation by an applicant and staff, it is the desire of the Board to hear from the public; and therefore, the applicant and staff presentations will be as brief as possible. In order to accomplish this objective, it is necessary that certain rules of order prevail at all public hearings of the Board of Supervisors as follows: Section 6-2. Order of Business [Amended 05/27/20] For public hearing items, the order of business will be as follows: (a) Identification of Issue and Verification of Notice (b) Staff and/or Applicant Presentation (c) Public Comment (d) Close of Public Comment (e) Board Member Questions (f) Staff, Applicant Response (g) Board discussion and/or consideration Section 6-3. Identification of Issue and Verification of Required Notice The Chair shall call upon the appropriate county staff member to verify that any required notice has been given and to read or summarize the notice for the benefit of those attending the public hearing. 10 20 Section 6-4. Staff and/or Applicant Presentation The Chair will call upon the appropriate county staff and/or applicant to present such information as is necessary to explain the action requested of the Board of Supervisors. Presentations will be brief, concise summaries for the Supervisor's and the public's information and understanding, provided that sufficient time will be allowed to present, properly and fairly, the subject matter. When written information has been provided prior to the hearing, that information should be summarized, and only new information should be presented in detail at the meeting. Section 6-5. Public Comment [Amended 05/27/20] Any person desiring to address the Board of Supervisors at a Public Hearing conducted by the Board of Supervisors shall be required to abide by the rules governing such presentations as set forth in these rules in Article VII-Citizen Responsibilities. A register for persons desiring to address the Board of Supervisors during the public comment period shall be furnished prior to the beginning of every regular meeting of the Board of Supervisors. Citizens desiring to address the Board of Supervisors during a public hearing item comment period should provide their name and their Magisterial District of residence on the register list provided. Prior to commencing public comment, the Chair shall determine from the register list the approximate number of persons desiring to comment and may establish the manner in which speakers are recognized and the length of time each may speak. Section 6-6. Order of Speaking Members of the public shall be permitted to speak as the Chair recognizes each, provided that no member of the public shall be recognized to speak a second time until all persons desiring to speak have had an opportunity to do so. In the event the number of persons desiring to speak necessitates a register, speakers shall be recognized in the order in which they have registered. In the event the number of speakers results in the continuation of a public hearing, any persons registered but not heard at the initial Public Hearing will be the first given an opportunity to speak at the continued hearing. Section 6-7. Presentation of Comments Each person may address the Board as many times as the Chair, in his or her discretion, may allow, but no speaker shall exceed the total time limit set by the Chair. Section 6-8. Board Members' Questions Upon completion of a presentation by staff, applicant or member of the public, any member of the Board may ask questions to enhance their understanding of the issue, verify information presented or clarify the action or actions requested. Members of the Board shall not engage in debate with the person or persons making the presentation. 11 21 Section 6-9. Staff and/or Applicant Response The Chairman shall call on the staff or applicant for any response on closing comments with reference to the public hearing presentations. Section 6-10. Close of Hearing When the Chair of the Board shall have closed a public hearing, no further public comments shall be received. Section 6-11. Board Discussions and/or Consideration At the close of the public hearing, the Board of Supervisors shall, at its discretion, act or defer action upon the matter set for public hearing. In the event the Board defers action to a later date, the record shall be left open to receive written comments up until the time that a vote is taken. ARTICLE VII - CITIZEN RESPONSIBILITIES Section 7-1. Application of Rules Any person desiring to address the Board of Supervisors during any portion of a meeting designated for public comment shall be required to abide by the rules governing such presentations as hereafter set forth in these rules. Section 7-2. Addressing the Board All persons speaking at a meeting of the Board during any portion of a meeting designated for public comment shall address their comments to the Board of Supervisors and shall limit their comments to matters before the Board of Supervisors. Speakers shall not engage in debate with other speakers or members of the public. Questions shall not be asked of other speakers but may be directed to the Chairman of the Board for consideration by the Board in later deliberating the matter. Section 7-3. Conduct while Speaking/Conduct While Not Speaking Persons speaking at a meeting of the Board of Supervisors shall do so in a courteous manner. Cursing or other obscene language or gestures, threats, insults, or other actions intended to harass, provoke or incite a fight, brawl, or other such disorderly response will not be permitted. Any person whose conduct is contrary to this section will be removed as provided for in section 3-2 of these rules. Board members are expected to observe the same decorum at all meetings. 12 22 Section 7-4. Name and Magisterial District of Residence [Amended 02/14/18] Individuals addressing the Board during any portion of a meeting designated for public comment shall clearly state their name and Magisterial District of residence prior to making any further comments. Should a person be recognized to speak more than once, they shall identify themselves each time before speaking. Section 7-5. Organizational Representation Any person speaking at any portion of a meeting designated for public comment, who represents himself as being an officer or representative of an organization, group, association, corporation, or other entity, shall, upon request of a member of the Board, disclose for the organization, group, association, corporation, or other entity, the history, size, dues, structure, date of creation, requirements for membership, tax status; and shall reveal the organizations method of determining its official position and the speaker's authority to represent the organization. Unreasonable failure to provide this information to the satisfaction of the Board of Supervisors shall bar the speaker from speaking on behalf of the organization. Section 7-6. Order of Speaking Persons speaking during any portion of a meeting designated for public comment shall do so in the order in which they are recognized and called upon by the Chair. Section 7-7. Time Limits [Amended 05/27/20] Each person speaking during any portion of a meeting designated for public comment shall observe a time limit of three minutes for his or her comments and shall yield the floor when informed their time has expired. Section 7-8. Registration [Amended 02/14/18] Should registration of speakers be required, all persons desiring to speak shall sign the register, providing their name and Magisterial District of residence. Section 7-9. Written Copy of Comments Speakers are requested, but not required, to leave written statements and/or comments with the Clerk or Deputy Clerk of the Board to be incorporated into the written record of the meeting. Section 7-10. Information Sources No person who speaks or otherwise presents information during any portion of a meeting designated for public comment shall knowingly present false or untrue information to 13 23 the Board of Supervisors, and shall, upon request of any Board Member, provide the source of any information presented. ARTICLE VIII —APPOINTMENTS Section 8-1. Appointments by the Chairman of the Board The Chairman shall appoint members of the Board to such authorities, boards, commissions, committees or other organizations or positions as the Board shall so authorize and to appoint various citizen members to Board's standing committees. The following positions are appointed by the Chairman each January. STANDING COMMITTEES OF THE BOARD APPOINTED BY THE CHAIRMAN: Finance Committee Code and Ordinance Committee Human Resources Committee Public Safety Committee Public Works Committee Technology (IT) Committee Transportation Committee OTHER APPOINTMENTS MADE BY THE CHAIRMAN: Board Liaison to Fire & Rescue Association Board Liaison to Frederick Water Board Board Liaison to Planning Commission County Representatives to the Frederick County-Winchester Joint Finance Committee Section 8.2. Appointments by the Board of Supervisors [Amended 01/25/06]; [Amended 02/14/18]; [Amended 08/08/18] Each board member may nominate citizen members to be appointed to the various authorities, boards, commissions, and committees where a representative is needed from a member's respective magisterial district or for the county at large. (Note: A current list of boards and committees is available on the County website.) A majority vote of those board members present shall be required to appoint a nominee to said authority, board, commission, or committee. Prior to Board action on a prospective nominee, the following process shall be followed: 1. Applications are required for positions on bodies created by the Board of Supervisors. For non-Frederick County boards such as regional or community-based bodies, the Board of Supervisors will accept and consider nominations from those boards while reserving the right to appoint its preferred candidate. The application form, or Committee Appointments Informational Data Sheet, is available on the County website, www.fcva.us, or through the County Administrator's Office. A completed application (Informational Data Sheet) shall be required for all initial nominations; however, a completed application (Informational Data Sheet) for candidates being reappointed shall not be required. 14 24 2. Applications must be received in the County Administrator's Office by 5:00 p.m. on the Wednesday preceding a Board meeting in order to be included in the agenda for review by the members of the Board. 3. Any applications received after the deadline specified above will be held for review until the next regularly scheduled meeting of the Board. ARTICLE IX— Electronic Devices [Added 05/27/20] Section 9-1. Devices Use of County-issued computers, tablets, and other devices and use of County email accounts shall be for County business purposes only. Section 9-2. Email Accounts Due the requirements of the Freedom of Information Act (FOIA) and record archiving purposes, Board members are strongly encouraged to use only the email account provided by the County to conduct business for the County. When responding to emails that are sent to all Board members, respond by replying only to the sender. Email, like all written correspondence, is subject to the FOIA. 15 25 Article X -- AMENDMENTS Section 10-1. Amendments These Rules of Procedure may from time to time be revised, repealed, or otherwise amended upon an affirmative vote by a majority of the members of the Board of Supervisors present and voting. (Adopted: 05/28/03) (Amended: 06/11/03) (Amended: 01/14/04) (Amended: 04/14/04) (Amended: 01/25/06) (Amended: 01/14/09) (Amended: 09/14/11) (Amended: 01/10/18) (Amended: 02/14/18) (Amended: 08/08/18) (Amended: 01/09/19) (Amended: 05/27/20) (Amended 07/08/20) 16 26 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: January 13, 2021 ��GrN Agenda Section: Consent Agenda Title: Minutes of Regular Meeting of December 9, 2020 Attachments: BOS01-13-21 MinutesBOS201209.pdf 27 MINUTES CLOSED SESSION AND REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, DECEMBER 9, 2020 6:00 P.M. AND 7:00 P.M. BOARD ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES Board of Supervisors: Charles S. DeHaven, Jr., Chairman; Robert W. Wells, Vice Chairman; Blaine P. Dunn; Shawn L. Graber;Judith McCann-Slaughter; J. Douglas McCarthy; and David D. Stegmaier were present. Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer; Scott Varner, Director of Information Technology; Mike Ruddy, Director of Planning; Candice Perkins, Assistant Director of Planning; Tyler Klein, Senior Planner; Mark Cheran, Zoning & Subdivision Administrator; Cheryl Shiffler, Finance Director; Nick Sabo, Executive Director of the Winchester Regional Airport Authority; LeeAnna Pyles, Director of Public Safety Communications; Dennis Linaburg, Fire Chief; Stephen Richman, Maintenance Supervisor; James Whitley, Superintendent of the Northwester Regional Adult detention Center; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 6:00 p.m. CLOSED SESSION Vice Chairman Wells moved that the Board of Supervisors of Frederick County enter a closed session pursuant to Virginia Code Sec. 2.2-3711(A)(29) for discussion of the award of a public contract, involving the expenditure of public funds, for a public safety radio system, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. Supervisor McCarthy seconded the motion which carried on a voice vote. At 6:53 p.m., the Board members being assembled within the designated meeting place in Frederick County Board of Supervisors Closed Session &Regular Meeting Minutes *December 9, 2020 1 28 the presence of members of the public and the media desiring to attend, the meeting was reconvened on motion of Vice Chairman Wells, seconded by Supervisor McCarthy and carrying on a voice vote. Vice Chairman Wells moved that the Board of Supervisors of Frederick County certify that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by the Board. Supervisor Slaughter seconded the motion which carried as follows on a recorded vote: Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye RECESS At 6:55 p.m., Chairman DeHaven recessed the meeting until the 7:00 p.m. regular meeting time. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Supervisor Stegmaier delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Wells led the Pledge of Allegiance. ADOPTION OF AGENDA—APPROVED Upon motion of Supervisor Slaughter, seconded by Supervisor Dunn, the agenda was adopted on a voice vote with Rezoning#06-19 postponed until January 27, 2021, at the request of the applicant. Frederick County Board of Supervisors Closed Session &Regular Meeting Minutes *December 9, 2020 2 29 CITIZENS COMMENTS Wayne Duff of L3 Harris said he had been following the radio system procurement process and urged the Board to consider additional review before making a decision on a vendor. Vineet Jolly of L3 Harris opined the Board would be taking a risk by choosing a vendor with no proven record in the Commonwealth. Dave Prestipino, Back Creek District, spoke in opposition to Conditional Use Permit#08- 20 citing noise concerns at his nearby home. He requested that sound mitigation be required if the permit were approved. ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for adoption of the consent agenda as presented. The motion was seconded by Supervisor McCarthy and carried on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L. Graber No Robert W. Wells Aye Judith McCann-Slaughter Aye Charles S. DeHaven, Jr. Aye J. Douglas McCarthy Aye - Minutes of Information Session of November 9, 2020 - CONSENT AGENDA APPROVAL - Minutes of Regular Meeting of November 12, 2020 -CONSENT AGENDA APPROVAL - Minutes of Work Session of November 23, 2020 -CONSENT AGENDA APPROVAL - Public Safety Committee Report of November 12, 2020 - CONSENT AGENDA APPROVAL, Appendix 1 - Human Resources Committee Report of November 13, 2020 -CONSENT AGENDA APPROVAL, Appendix 2 - Parks and Recreation Commission Report of November 17, 2020 - CONSENT AGENDA APPROVAL,Appendix 3 -Transportation Committee Report of November 23, 2020 - CONSENT AGENDA APPROVAL, Appendix 4 - Public Works Committee Report of December 1, 2020 - CONSENT AGENDA APPROVAL,Appendix 5 - Request from the Commissioner of the Revenue for Refunds and Supplemental Appropriations: Toyota Lease Trust—$6,068.29; Undisclosed Taxpayer— Disabled Veteran's Relief-$10,436.99—CONSENT AGENDA APPROVAL Frederick County Board of Supervisors Closed Session &Regular Meeting Minutes *December 9, 2020 3 30 -Acknowledgement of Receipt of Certified Copies of Abstract of Votes from the General Election of November 3, 2020—CONSENT AGENDA APPROVAL - Request for Approval to Conduct Rabies Clinics—CONSENT AGENDA APPROVAL -Addition to the Legislative Agenda from Supervisor Dunn Concerning Limiting to Three Years Any Refund of Bank Franchise Taxes Because of Bank Mistakes—CONSENT AGENDA APPROVAL - Resolution Honoring LeeAnna D. Pyles On Her Retirement—CONSENT AGENDA APPROVAL RESOLUTION HONORING LEEANNA D.PYLES ON HER RETIREMENT WHEREAS, LeeAnna D. Pyles, Director of Public Safety Communications, will retire after more than seventeen years of outstanding and meritorious service to Frederick County and its citizens;and WHEREAS, LeeAnna began her career with Frederick County on October 1, 2003, and served as Operations Supervisor;and WHEREAS, in recognition of her excellent skills, professionalism, and commitment LeeAnna was promoted to Director of Public Safety Communications in 2006;and WHEREAS,during her tenure LeeAnna excelled at bringing innovative ideas and technological advances such as Text-to-911 to the department and coordinated with five other jurisdictions to create the Northern Virginia Emergency Preparedness Team,and WHEREAS, throughout her many years of service, LeeAnna has served the people of this County with fairness and dedication: THEREFORE BE IT RESOLVED,that we,the Members of the Board,do hereby extend to LeeAnna our sincere and grateful appreciation for her dedicated service to the Public Safety Communications Department and to Frederick County, our congratulations on her well-earned retirement, and our best wishes to for continued success,happiness,and good health in the years to come. - Resolution Honoring Dennis D. Linaburg On His Retirement—CONSENT AGENDA APPROVAL RESOLUTION HONORING DENNIS D.LINABURG ON HIS RETIREMENT WHEREAS,Dennis D. Linaburg,Frederick County Fire Chief,will retire after more than thirty years of outstanding and meritorious service to Frederick County and its citizens;and WHEREAS,Denny began his career on October 16, 1990, serving as a Firefighter and then as Assistant Fire Marshal beginning in November 1994;and WHEREAS, as a result of continued diligent work and demonstrated ability,he advanced to positions of increasing responsibility, and in April 1998 was named Fire Marshal and later designated as Battalion Chief,and WHEREAS, in recognition of his excellent skills, professionalism, and commitment, Denny was reclassified as Deputy Chief in December 2003 and then promoted to Fire Chief in February 2011;and Frederick County Board of Supervisors Closed Session &Regular Meeting Minutes *December 9,2020 4 31 WHEREAS, throughout his many years of service, Denny was credited with improving the relationship with volunteer companies, creating a positive working environment, and establishing a web-based scheduling system and during his tenure has served the people of this County with fairness and dedication: THEREFORE BE IT RESOLVED, that we, the Members of the Board, do hereby extend to Denny our sincere and grateful appreciation for his dedicated service, our congratulations on his well-earned retirement,and our best wishes to for continued success,happiness,and good health in the years to come. - Resolution Honoring Stephen E. Richman On His Retirement—CONSENT AGENDA APPROVAL RESOLUTION HONORING STEPHEN E.RICHMAN ON HIS RETIREMENT WHEREAS, Stephen E. Richman, Maintenance Supervisor, will retire after more than thirteen years of outstanding and meritorious service to Frederick County and its citizens;and WHEREAS, Steve began his career with Frederick County on February 1,2007;and WHEREAS, as a result of continued diligent work and demonstrated ability,he advanced to positions of increasing responsibility,managing operations at nine County-owned properties;and WHEREAS,Steve was noted for taking pride in all aspects of his job and was responsible for coordinating improved preventive maintenance procedures at the County Administration Building, the Public Safety Building,and at remote fire and rescue stations;and WHEREAS, Steve received the Employee of the Month Award in January 2013 and throughout his many years of service,has served the people of this County with fairness and dedication and: THEREFORE BE IT RESOLVED,that we,the Members of the Board,do hereby extend to Stephen our sincere and grateful appreciation for his dedicated service to the Maintenance Department and to Frederick County, our congratulations on his well-earned retirement, and our best wishes to for continued success, happiness,and good health in the years to come. - Resolution Honoring James F. Whitley On His Retirement—CONSENT AGENDA APPROVAL RESOLUTION HONORING JAMES F.WHITLEY ON HIS RETIREMENT WHEREAS,James F.Whitley,Superintendent of the Northwestern Regional Adult Detention Center,will retire after more than eight years of outstanding and meritorious service to Frederick County and its neighboring jurisdictions and citizens;and WHEREAS,Jim began his career as Superintendent on August 13,2012;and WHEREAS, during his tenure, Jim was successful in achieving great rapport among the employees successfully filling all open positions with qualified applicants and was commended for revamping security procedures and fostering improved morale and operations;and WHEREAS,in recognition of his excellent skills,leadership abilities,and commitment to service,Jim was appointed to serve on the Board of Directors for the Skyline Regional Criminal Justice Academy in July 2017 and was nominated in 2020 for the Virginia Association of Regional Jails Superintendent of the Year Award;and WHEREAS, throughout his many years of service, Jim has served the people of this County and its partnering jurisdictions with fairness,professionalism and dedication: Frederick County Board of Supervisors Closed Session &Regular Meeting Minutes *December 9,2020 5 32 THEREFORE BE IT RESOLVED,that we,the Members of the Board,do hereby extend to Jim our sincere and grateful appreciation for his dedicated service,our congratulations on his well-earned retirement,and our best wishes to for continued success,happiness,and good health in the years to come. - Resolution Requesting that the Governor and the General Assembly Take Such Action as is Necessary to Amend the State Budget to Redirect Recordation Taxes Back to Localities—CONSENT AGENDA APPROVAL REQUESTING THAT THE GOVERNOR AND THE GENERAL ASSEMBLY TAKE SUCH ACTION AS IS NECESSARY TO AMEND THE STATE BUDGET TO REDIRECT RECORDATION TAXES BACK TO LOCALITIES OR FIND ANOTHER WAY TO KEEP LOCALITIES WHOLE WHEREAS, like most states, the Commonwealth of Virginia levies a recordation tax on bonds or other obligations secured by deeds of trust or mortgages;and WHEREAS,since 1993,a portion of this recordation tax revenue has been distributed to cities and counties based proportionally on the real estate recordation activity within each city and county;and WHEREAS, recordation tax revenues distributed by the state to localities are required to be used by localities for transportation purposes or for public education;and WHEREAS,in FY2020,Frederick County received$416,196 in recordation tax revenues and over the last five years the County has received$2,102,824 in these revenues from the state;and WHEREAS, Frederick County has utilized those funds for various local transportation projects and for education needs including operations,capital projects and debt service;and WHEREAS,during the 2020 Regular Session of the Virginia General Assembly, legislation was enacted (HB1726 and S131038)that took$20 million of statewide recordation tax revenues that otherwise would have been distributed to cities and counties and redirected those dollars to the Hampton Roads Regional Transit Program,effectively eliminating state recordation tax revenues for localities. NOW THEREFORE BE IT RESOLVED,that the Frederick County Board of Supervisors requests that the Governor and the General Assembly take such action as is necessary to amend the State Budget to redirect these recordation taxes back to localities or find another way to keep localities whole. + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Stegmaier commended the Voter Registrar, staff, and volunteers for a job well done during the recent election season. Frederick County Board of Supervisors Closed Session &Regular Meeting Minutes *December 9,2020 6 33 COUNTY OFFICIALS: RECOGNITION OF RETIRING DEPARTMENT DIRECTORS Chairman DeHaven and Vice Chairman Wells recognized the service of each of the four retirees: LeeAnna D. Pyles; Dennis D. Linaburg; Stephen E. Richman; and James F. Whitley. UPDATE FROM NICK SABO, EXECUTIVE DIRECTOR OF THE WINCHESTER REGIONAL AIRPORT Nick Sabo, Executive Director of the Winchester Regional Airport, provided an overview of the operations at the airport. Supervisors Graber, Dunn, and Slaughter commended Mr. Sabo for his efforts and the recent success at the Airport. COMMITTEE APPOINTMENTS GARY KENZEL OATES RECOMMENDED FOR APPOINTMENT TO THE BOARD OF EQUALIZATION—APPROVED Supervisor Slaughter moved to recommend to the Circuit Court that Gary Kenzel Oates be appointed to the Board of Equalization to serve a three-year term. Vice Chairman Wells seconded the motion which carried on a voice vote. ELIZABETH KOZEL APPOINTED AS SHAWNEE REPRESENTATIVE TO THE PLANNING COMMISSION—APPROVED On motion of Supervisor Stegmaier, seconded by Supervisor Slaughter and carrying on a voice vote, Elizabeth Kozel was appointed to the Planning Commission to fill an unexpired four- year term ending April 28, 2021. PHARMACEUTICAL PROCESSOR LETTER OF APPROVAL REQUEST—DISCUSSED Supervisor Graber informed the Board about multiple letters seeking support for applications by companies for licenses to operate pharmaceutical grade marijuana processing Frederick County Board of Supervisors Closed Session &Regular Meeting Minutes *December 9, 2020 7 34 facilities in Frederick County. He said will neither support nor oppose any such companies attempting to locate in the County. PUBLIC SAFETY RADIO SYSTEM PROCUREMENT — REFERRED BACK TO COMMUNICATIONS COMMITTEE Vice Chairman Wells moved that the Board direct staff to examine the issues discussed in closed session and continue negotiations with the selected vendors, EF Johnson and Motorola. Supervisor McCarthy seconded the motion. Supervisor Dunn moved to amend the motion to include L3 Harris as well as the two selected vendors. Supervisor Graber seconded the motion which failed on recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier No Shawn L. Graber Aye Robert W. Wells No Judith McCann-Slaughter No Charles S. DeHaven, Jr. No J. Douglas McCarthy Aye The original motion directing staff to continue negotiations made by Vice Chairman Wells carried on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye Judith McCann-Slaughter Aye Charles S. DeHaven, Jr. Aye J. Douglas McCarthy Aye COMMITTEE BUSINESS—HUMAN RESOURCES COMMITTEE HUMAN RESOURCES POLICY REGARDING POLICY 8.2: HOLIDAYS— NO ACTION Supervisor Dunn moved for approval of changes to the Human Resources Policy, Section 8.2: Holidays including approval that the Juneteenth holiday be recognized and referred to as Emancipation Day in Frederick County. The motion died for lack of a second. Frederick County Board of Supervisors Closed Session &Regular Meeting Minutes *December 9, 2020 8 35 RANGE ADJUSTMENT FOR NRADC CORRECTIONAL NURSES I, II AND III -APPROVED Supervisor Dunn moved for approval of a range adjustment as requested by the Northwestern Regional Adult Detention Center for Correctional nurses I, II, and III. Supervisor McCarthy seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye Judith McCann-Slaughter Aye Charles S. DeHaven, Jr. Aye J. Douglas McCarthy Aye + + + + + + + + + + + + + + PUBLIC HEARINGS (NON PLANNING ISSUES) ORDINANCE, PURSUANT TO VA. CODE SEC. 15.2-1508, TO AUTHORIZE THE PAYMENT OF CERTAIN BONUSES TO EMPLOYEES OF THE COUNTY, OF AND AS ITS CONSTITUTIONAL OFFICERS, AND OF ENTITIES FOR WHICH THE COUNTY SERVES AS FISCAL AGENT — APPROVED Mr. Tierney provided background on the proposed ordinance saying the General Assembly had mandated and funded a $500 bonus for certain employees (sheriffs, sheriff's deputies, jail superintendents and regional jail officers) whose salaries are funded by the State Compensation Board and listed options for the Board to award bonuses to other County employees. He explained the proposed ordinance would authorize the payment of a bonus of $500 for each full-time employee, to be paid on or before December 31, 2020, and an additional bonus of$500 each for full-time employees in positions classified as Very High Risk for COVID-19 Exposure or High Risk for COVID-19 Exposure under the Virginia Department of Labor and Industry Standards, to be paid on or before March 31, 2021. Mr. Tierney noted that CARES funds have been utilized for permissible expenses and the fund balance is in good shape. He noted that the planned cost of living increase was not included in the current budget because of the pandemic and added that County offices have never closed while many other local government offices have been closed. Chairman DeHaven opened the public hearing. No one spoke Frederick County Board of Supervisors Closed Session &Regular Meeting Minutes *December 9, 2020 9 36 Chairman DeHaven closed the public hearing. Supervisor Slaughter moved for approval of Option 1, awarding the $500 bonus only to those employees whose positions are funded by the State Compensation Board.Vice Chairman Wells seconded the motion. Supervisor Dunn discussed the issue saying all taxpayers are dealing with the pandemic and that it is inappropriate to take tax dollars to pay bonuses to others. Supervisor Stegmaier said he supports bonuses for all employees and the General Assembly had created an unfairness that only the County could correct. Supervisor McCarthy noted that CARES funds are also taxpayer dollars and that carving out certain groups of employees for bonuses is unfair. Supervisor Graber agreed with Supervisors Dunn and McCarthy saying a better use of funds would be a tax cut for County residents. The motion for approval of Option 1 carried on a recorded vote as follows: Blaine P. Dunn No David D. Stegmaier Aye Shawn L. Graber No Robert W. Wells Aye Judith McCann-Slaughter Aye Charles S. DeHaven, Jr. Aye J. Douglas McCarthy No ORDINANCE, December 9,2020 WHEREAS,in Chapter 56 of the Acts of 2020 Special Session I, approved by the Governor on November 18,2020, the General Assembly, at Item 477, Section HH thereof, appropriated funds to provide sworn constitutional officers and their staffs,including sheriffs, sheriffs'deputies,regional jail superintendents and corrections officers,whose positions are funded by the Compensation Board, a one- time bonus payment of$500 each on December 1,2020; THEREFORE,be it hereby ordained that the Board of Supervisors authorizes payment of a monetary bonus of$500 each to all individuals,whose positions are funded by the Compensation Board, who were, as of December 1,2020, employed as: sworn constitutional officers for the County, and their staffs, specifically the sheriff and sheriffs'deputies, and the superintendent and corrections officers of the regional jail, said bonus to be payable on or before December 31,2020,to the extent of funding provided therefor by the Commonwealth. + + + + + + + + + + + + + + Supervisor Slaughter moved for approval of Option 2, a $500 bonus reimbursed by the State for those designated employees whose positions are funded by the State Compensation Board and a $500 bonus for all other employees incurring a General Fund local cost of$278,275. Frederick County Board of Supervisors Closed Session &Regular Meeting Minutes *December 9, 2020 10 37 Supervisor Stegmaier seconded the motion. Supervisors McCarthy and Dunn spoke in opposition to Option 2. The Board and staff discussed those eligible for the bonus and the timing of running payroll to pay the bonus. The motion for approval of Option 2 failed on a recorded vote as follows: Blaine P. Dunn No David D. Stegmaier No Shawn L. Graber No Robert W. Wells No Judith McCann-Slaughter No Charles S. DeHaven, Jr. No J. Douglas McCarthy No Supervisor Stegmaier moved for approval of Option 3, $500 bonus reimbursed by the State for those designated employees whose positions are funded by the State Compensation Board and a $500 bonus for all other employees categorized as medium, high, or very high risk. Finance Director Cheryl Shiffler explained the effects of the motion given that the state mandated specifically that an employee classified as medium risk will be paid twice the amount of a fire and rescue employee who is classified as very high risk. Supervisor Slaughter seconded the motion. Supervisor Graber said the motion was completely irresponsible because the high-risk employees such as paramedics would be paid less than a medium risk employee with a desk job. Supervisor Slaughter and Ms. Shiffler discussed eliminating the medium risk employees from the motion. Supervisor McCarthy said the state government had created a mess and now the Board needed to do as mandated and move forward. Mr. Tierney apologized for the predicament in which the Board had been placed. He said with little time to respond, staff had done its best to provide options with flexibility to assist the Board in addressing the issue. The motion for approval of Option 3 failed on a recorded vote as follows: Blaine P. Dunn No David D. Stegmaier No Shawn L. Graber No Robert W. Wells No Judith McCann-Slaughter No Charles S. DeHaven, Jr. No J. Douglas McCarthy No Supervisor Slaughter asked that the matter be addressed at a future meeting. Supervisor Dunn suggested that those employees receiving a bonus share it with those Frederick County Board of Supervisors Closed Session &Regular Meeting Minutes *December 9, 2020 11 38 who did not receive a bonus. + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS—OTHER PLANNING BUSINESS REZONING #06-19 WINCHESTER MEDICAL CENTER—POSTPONED TO JANUARY 27, 2021 The issue was postponed to January 27, 2021, at the request of the applicant. CUP #08-20 -SAMUEL SMITH JR. (SPECIAL EVENT FACILITY)— DENIED Mr. Cheran reviewed the history of the application for a Conditional Use Permit (CUP) for a special event facility in the RA (Rural Areas) Zoning District. He listed the conditions that have been recommended to be assigned should the Board approve the conditional use permit. Supervisor Graber noted the applicant had held a town hall meeting at his request and has added restriction based on input received at the meeting. He moved for approval of the permit saying he would not support the motion. The motion died for lack of a second. MDP #04-20 -STONEWALL 4 INDUSTRIAL- PRESENTED FOR INFORMATION Mr. Klein presented Master Development Plan #04-20—Stonewall 4 Industrial. MDP #05-20 - FAIRFAX DOWNS - PRESENTED FOR INFORMATION Mr. Klein presented Master Development Plan #05-20— Fairfax Downs. Supervisor Slaughter and Mr. Klein discussed the roads in the development being public roads. Supervisor Dunn and Mr. Klein discussed potential road congestion in the development. Vice Chairmen Wells noted the project has been developed using Transfer of Development Rights which is designed to preserve rural land. Supervisor Dunn noted there is a cost to adding homes to the County. Supervisor McCarthy noted that 83 units will not be built elsewhere in the County since they are being built in this development. DRRC - FLOODPLAIN ORDINANCE ADJUSTMENT - INFORMATION/DISCUSSION Frederick County Board of Supervisors Closed Session &Regular Meeting Minutes *December 9, 2020 12 39 Ms. Perkins explained that because Frederick County will have updated Flood Insurance Rate Maps that are effective January 29, 2021, revisions to Chapter 165, Part 702 are required per the Department of Conservation and Recreation(DCR) to meet the minimum regulatory standards required in a fully compliant floodplain ordinance. She said staff has prepared revisions to Part 702 of the Frederick County Zoning Ordinance, Floodplain Districts as shown in DCR's Model Ordinance, and this item is being brought to the Board of Supervisors for information and discussion. She concluded that it should be noted that while most of the changes are required to maintain a compliant floodplain ordinance, and direction is needed on the inclusion of the DCR suggested higher standard for improvements or repairs to existing structures in floodplain areas. The Board and staff discussed the ordinance. Supervisor Graber moved to forward the ordinance to public hearing maintaining the less restrictive standard for improvements or repairs to existing structures in floodplain areas. The motion, seconded by Supervisor McCarthy, carried on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L. Graber Aye Robert W. Wells Aye Judith McCann-Slaughter Aye Charles S. DeHaven, Jr. Aye J. Douglas McCarthy Aye RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165,ZONING ARTICLE VII OVERLAY DISTRICTS-PART 702—FP FLOODPLAIN DISTRICTS §165-702.01. —STATUTORY AUTHORIZATION AND PURPOSE; §165-702.02. -APPLICABILITY; §165.702.03. COMPLIANCE AND LIABILITY; §165-702.04. RECORDS; §165-702.05. ABROGATION AND GREATER RESTRICTIONS; §165-702.06. SEVERABILITY; §165-702.07. ADMINISTRATION; §165-702.08 JURISDICTIONAL BOUNDARY CHANGES; §165-702.09. SUBMITTING MODEL BACKED TECHNICAL DATA, §165-702.10.LETTER OF MAP REVISION; §165-702.11 DESCRIPTION OF SPECIAL FLOOD HAZARD DISTRICTS; §165-702.12. OVERLAY CONCEPT; §165-702.13. FLOOD INSURANCE RATE MAP; §165-702.14.DISTRICT BOUNDARY CHANGES; §165-702.15.INTERPRETATION OF DISTRICT BOUNDARIES; §165-702.16.PERMIT AND APPLICATION REQUIREMENTS;NTS; §165-702.17. GENERAL STANDARDS; §165-702.18. ELEVATION AND CONSTRUCTION STANDARDS; §165-702.19. STANDARDS FOR SUBDIVISION PROPOSALS; §165-702.20. EXISTING STRUCTURES IN FLOODPLAIN AREAS; §165-702.21. FACTORS TO BE CONSIDERED IN GRANTING VARIANCES §165-702.22. PENALTIES FOR VIOLATIONS. ARTICLE I GENERAL PROVISION,AMENDMENTS AND CONDITIONAL USE PERMITS PART 101—GENERAL PROVISIONS,§165-101.02.DEFINITIONS AND WORD USAGE WHEREAS,On January 29,2021 Frederick County will have updated Flood Insurance Rate Maps(FIRMS) from the Federal Emergency Management Agency(FEMA). As a participating community in the National Flood Insurance Program (NFIP), Frederick County is responsible for making sure that its floodplain Frederick County Board of Supervisors Closed Session &Regular Meeting Minutes *December 9, 2020 13 40 management regulations meet or exceed the minimum requirements of the NFIP and the Commonwealth of Virginia; and WHEREAS; this ordinance amendment would result in changes to Chapter 165, Zoning, Part 702 — FP Floodplain Districts and Part 101 Definitions to remain compliant with the regulations necessary to continue participating in the National Flood Insurance program(NFIP); and WHEREAS, The Development Review and Regulation Committee (DRRC) reviewed the proposed changes at their November 23,2020 meeting; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on December 2,2020 and agreed with the proposed changes; and WHEREAS,the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on December 9,2020; and WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, convenience, general welfare,and good zoning practice,directs the Frederick County Planning Commission hold a public hearing regarding amendments to Chapter 165; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that the Frederick County Planning Commission shall hold a public hearing to discuss the required changes to the FP Floodplain District requirements of the Zoning Ordinance to remain compliant with the regulations necessary to continue participating in the National Flood Insurance Program(NFIP). + + + + + + + + + + + + + + BOARD LIAISON REPORTS—None CITIZEN COMMENTS Tom Maloney, Back Creek District,said he has lived in the Cross Creek Village subdivision for five years and the noise coming from the nearby Trex facility is a continuing problem. He urged the Board to specify no noise over 55 decibels for any future development in the County. He asked if Trex Could do noise mitigation since they had ongoing construction. Ann Prestipino, Back Creek District, discussed Conditional Use Permit application#08-20 saying that she did not receive prior notice of the application because she is not an adjacent property owner, but that noise from events on the property can be heard at her nearby home. BOARD OF SUPERVISORS COMMENTS Supervisor Stegmaier spoke in opposition to the Governor's recent statement supporting the legalization of marijuana. He called for statewide organization to communicate opposition to the elected members of the state government. Supervisor Dunn empathized with Mr. Maloney's comments on noise. Frederick County Board of Supervisors Closed Session&Regular Meeting Minutes *December 9, 2020 14 41 Supervisor McCarthy said he would join a statewide effort opposing the legalization of marijuana. Supervisor Graber said he would follow up with Mr. Maloney regarding noise. He noted the denial of Conditional Use Permit # 08-20 saying the Smiths had made a good faith effort to contact their neighbors during the application process. Vice Chairman Wells wished everyone a Merry Christmas. ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor McCarthy, the meeting was adjourned at 9:14 p.m. Frederick County Board of Supervisors Closed Session &Regular Meeting Minutes *December 9, 2020 15 42 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: January 13, 2021 ��GrN Agenda Section: Consent Agenda Title: Code and Ordinance Committee Report of December 8, 2020 Attachments: BOS01-13-21 CodeAndOrdinanceCommReport8December2020.pdf 43 CODE& ORDINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday, December 8, 2020 3:00 p.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA ATTENDEES: Committee Members Present: J. Douglas McCarthy, Chair;Blaine P. Dunn; Stephen Butler,and Derek Aston Committee Members Absent: James Drown Staff Present: Roderick B.Williams, County Attorney;Jay E. Tibbs,Deputy County Administrator; Kathryn Corbit, Chief Admin for the Business Division, Commissioner of the Revenue's Office. ITEMS FOR BOARD OF SUPERVISORS ACTION: 1. Proposed Revision to Frederick County Code, Chapter 155 Taxation,Article IX Assessment of Court Costs for Courthouse Security, §155-46 Fee Imposed; collection; use. Mr.Williams reviewed the proposed revision. The General Assembly during its 2020 Regular Session passed legislation increasing the courthouse security fee that localities may impose as part of the court costs in each criminal case in which a defendant is convicted of a violation of any statute or ordinance. The proposed ordinance would increase the current$10 fee to $20. The Clerk of the Circuit Court requested consideration of this fee increase. Upon a motion by Mr.Aston, seconded by Mr. Butler, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing with a recommendation of approval. The motion was unanimously approved. 2. Proposed revision to Frederick County Code, Chapter 155,Taxation,Article XVI Business License Provisions, §155-85 Proration of tax. Mr.Williams reviewed the proposed revision to Chapter 155,Taxation. The General Assembly during its 2020 Regular Session passed legislation permitting a local governing body to authorize the locality's treasurer to issue any refund up to $5,000 as a result of an erroneous tax assessment. The legislation increased the amount from$2,500 to $5,000. For any refund above $5,000,the governing body must approve the refund. The proposed amendment would confirm that the authority for such refunds extends to refunds of business license taxes. Upon a motion by Mr. Butler, seconded by Mr. Dunn,the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing with a recommendation of approval. The motion was unanimously approved. 44 3. Proposed revision to Frederick County Code, Chapter 155,Taxation,Article XVI Business License Provisions, §155-110 Violations and penalties. Mr.Williams reviewed the proposed revision to Chapter 155,Taxation. The General Assembly during its 2012 Regular Session passed legislation permitting a locality to required that no business license shall be issued to an applicant therefor until that person has produced satisfactory evidence that all delinquent business license,real estate,personal property,meals, transient occupancy, severance, and admissions taxes owed by the business to the locality have been paid which have been properly assessed against the applicant by the locality. Upon a motion by Mr. Dunn, seconded by Mr. Butler,the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing with a recommendation of approval. The motion was unanimously approved. There being no further business, the meeting was adjourned at 3:25 p.m. 45 AGENDA FREDERICK COUNTY BOARD OF SUPERVISORS Code & Ordinance Committee TUESDAY, DECEMBER 8, 2020 3:00 P.M. FIRST FLOOR CONFERENCE ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA Call to Order 1 . Ordinance re Assessment of Court Costs for Courthouse Security— Proposed Increase per New Legislation 2. Ordinance re Refunds of Incorrect Excess Payments of Business License Taxes 3. Ordinance to Require Payment of Real Estate Taxes prior to Issuance of Business License Adjourn 46 COUNTY OF FREDERICK r Roderick B. Williams County Attorney 540/722-8383 1,8 Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: Code & Ordinance Committee FROM: Roderick B. Williams, County Attorney DATE: December 1, 2020 RE: Assessment of Court Costs for Courthouse Security—Legislation Authorizing Increase in Fee The General Assembly at its 2020 Regular Session passed legislation increasing the courthouse security fee that localities may impose as part of the court costs in each criminal case in which a defendant is convicted of a violation of any statute or ordinance. A copy of the legislation is attached. The County currently imposes a $10 fee for this purpose. The new legislation permits the County to increase the fee to $20. The Clerk of the Circuit Court has requested consideration of the increase. The Treasurer's Office reports that, in Fiscal Year 2020, the County received approximately $91,500 in courthouse security fee assessments. Therefore, were the County to increase the courthouse security fee assessment, the County could expect that the amount of collections of the fee in future fiscal years would be roughly double the FY2020 amount and therefore be approximately $183,000. The authorizing legislation restricts use of the funds to the funding of courthouse security personnel, and, if requested by the sheriff, equipment and other personal property used in connection with courthouse security. At present, the Sheriff s Office has over 20 deputies assigned to its Civil Services Division, the responsibilities of which include courthouse security. While not as many as 20 deputies are performing courthouse security functions at any given time, the potential $183,000 in revenue from the courthouse security fee would cover the costs of approximately three FTEs and the demands of courthouse security functions certainly exceed three FTEs. Toward this end, it may be appropriate for the Sheriff s Office regular annual budget to show this revenue and then provide for use of the courthouse security fee funds for personnel costs, in lieu of having the funds accumulate. 107 North Kent Street • Winchester, Virginia 22601 47 A draft proposed revision to the relevant section of the County Code, Section 155-46, is attached. This memorandum serves as a request for a recommendation from the Code& Ordinance Committee as to whether to forward this item to the Board of Supervisors for further consideration. Attachments cc: Kris C. Tierney, County Administrator Jay E. Tibbs, Deputy County Administrator 48 VIRGINIA ACTS OF ASSEMBLY -- 2020 SESSION CHAPTER 602 An Act to amend and reenact § 53.1-120 of the Code of Virginia, relating to courthouse and courtroom security; assessment. [S 149] Approved April 2,2020 Be it enacted by the General Assembly of Virginia: 1. That § 53.1-120 of the Code of Virginia is amended and reenacted as follows: § 53.1-120. Sheriff to provide for courthouse and courtroom security; designation of deputies for such purpose; assessment. A. Each sheriff shall ensure that the courthouses and courtrooms within his jurisdiction are secure from violence and disruption and shall designate deputies for this purpose. A list of such designations shall be forwarded to the Director of the Department of Criminal Justice Services. B. The chief circuit court judge, the chief general district court judge and the chief juvenile and domestic relations district court judge shall be responsible by agreement with the sheriff of the jurisdiction for the designation of courtroom security deputies for their respective courts. If the respective chief judges and sheriff are unable to agree on the number, type and working schedules of courtroom security deputies for the court, the matter shall be referred to the Compensation Board for resolution in accordance with existing budgeted funds and personnel. C. The sheriff shall have the sole responsibility for the identity of the deputies designated for courtroom security. D. Any county or city, through its governing body, may assess a sum not in excess of " $20 as part of the costs in each criminal or traffic case in its district or circuit court in which the defendant is convicted of a violation of any statute or ordinance. If a town provides court facilities for a county, the governing body of the county shall return to the town a portion of the assessments collected based on the number of criminal and traffic cases originating and heard in the town. The imposition of such assessment shall be by ordinance of the governing body that may provide for different sums in the circuit courts and district courts. The assessment shall be collected by the clerk of the court in which the case is heard, remitted to the treasurer of the appropriate county or city and held by such treasurer to be appropriated by the governing body to the sheriffs office. The assessment shall be used solely for the funding of courthouse security personnel, and, if requested by the sheriff, equipment and other personal property used in connection with courthouse security. 49 f W eras ORDINANCE __' 2021 The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 155-46 (Fee imposed; collection; use) of Article XI (Assessment of Court Costs for Courthouse Security) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Section 155-46 (Fee imposed; collection; use) of Article XI (Assessment of Court Costs for Courthouse Security) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, as follows and to take effect April 1, 2021 (deletion shown in strikethre G ; addition shown in bold underline): CHAPTER 155 Taxation ARTICLE XI Assessment of Court Costs for Courthouse Security § 155-46 Fee imposed; collection; use. Pursuant to § 53.1-120D of the Code of Virginia, 1950, as amended, there is hereby assessed a fee of$a 9 20 as part of the costs in each criminal or traffic case which is tried in either one of the district courts of the County of Frederick or in the Circuit Court of the County of Frederick and which results in conviction of any statute or ordinance. This fee shall be collected by the Clerk of the circuit court in which the case is heard, remitted to the Treasurer of Frederick County, and held by the Treasurer subject to appropriation by the Board of Supervisors to the Sheriff of Frederick County for the funding of courthouse security personnel. Enacted this day of , 2021. Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn David D. Stegmaier Judith McCann-Slaughter 50 A COPY ATTEST Kris C. Tierney Frederick County Administrator 2 51 COUNTY OF FREDERICK r Roderick B. Williams County Attorney 540/722-8383 1,8 Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: Code & Ordinance Committee FROM: Roderick B. Williams, County Attorney DATE: December 1, 2020 RE: Ordinance Regarding Refunds of Erroneously Assessed Business License Taxes The General Assembly at its 2020 Regular Session passed legislation permitting a local governing body to authorize the locality's treasurer to issue any refund of up to $5,000 as a result of an erroneous tax assessment. The legislation increased the amount from $2,500 to $5,000. For any refund above $5,000, the governing body must approve the refund. A copy of the legislation, which amended Va. Code § 58.1-3981, is attached. County Code § 155-136 (copy attached)permits the County's Treasurer to make such refunds as to property taxes and County Code § 155-85 permits the County's Treasurer to make such refunds as to business license taxes, but § 155-85 does so only in instances in which the business has ceased to do business. Frequently, however, instances arise with the business license tax,just as with the personal property tax, where taxpayers remain in business, frequently as successful enterprises, and file amended returns, for any number of legitimate reasons, which result in refunds due for portions of the tax paid (the Commissioner of the Revenue still must determine whether an assessment was erroneous). So that the Treasurer may proceed with these refunds, if not more than $5,000, without the need to have the matter go on the Board agenda, an amendment to § 155-85 would be needed. A draft proposed revision to §155-85, adding language to allow the Treasurer to issue business license refunds in instances of erroneous business license assessments, is attached. The draft also adds the word"occupation" to the term "business, trade, profession, or calling", for consistency with other provisions in the County Code regarding business license taxes. This memorandum serves as a request for a recommendation from the Code& Ordinance Committee as to whether to forward this item to the Board of Supervisors for further consideration. Attachments cc: Kris C. Tierney, County Administrator Jay E. Tibbs, Deputy County Administrator 107 North Kent Street • Winchester, Virginia 22601 52 VIRGINIA ACTS OF ASSEMBLY -- 2020 SESSION CHAPTER 240 An Act to amend and reenact § 58.1-3981 of the Code of Virginia, relating to refunds of local taxes; authority of treasurer. [H 316] Approved March 10,2020 Be it enacted by the General Assembly of Virginia: 1. That § 58.1-3981 of the Code of Virginia is amended and reenacted as follows: § 58.1-3981. Correction by commissioner or other official performing his duties. A. If the commissioner of the revenue, or other official performing the duties imposed on commissioners of the revenue under this title, is satisfied that he has erroneously assessed such applicant with any such tax, he shall correct such assessment. If the assessment exceeds the proper amount, he shall exonerate the applicant from the payment of so much as is erroneously charged if not paid into the treasury of the county or city. If the assessment has been paid, the governing body of the county or city shall, upon the certificate of the commissioner with the consent of the town, city or county attorney, or if none, the attorney for the Commonwealth, that such assessment was erroneous, direct the treasurer of the county, city or town to refund the excess to the taxpayer, with interest if authorized pursuant to § 58.1-3918 or in the ordinance authorized by § 58.1-3916, or as otherwise authorized in that section. However, the governing body of the county, city or town may authorize the treasurer to approve and issue any refund up to $2,500 $5,000 as a result of an erroneous assessment. B. If the assessment is less than the proper amount, the commissioner shall assess such applicant with the proper amount. If any assessment is erroneous because of a mere clerical error or calculation, the same may be corrected as herein provided and with or without petition from the taxpayer. If such error or calculation was made in work performed by others in connection with conducting general assessments, such mistake may be corrected by the commissioner of the revenue. C. If the commissioner of the revenue, or other official performing the duties imposed on commissioners of the revenue under this title, is satisfied that any assessment is erroneous because of a factual error made in work performed by others in connection with conducting general reassessments, he shall correct such assessment as herein provided and with or without petition from the taxpayer. D. An error in the valuation of property subject to the rollback tax imposed under § 58.1-3237 for those years to which such tax is applicable may be corrected within three years of the assessment of the rollback tax. E. A copy of any correction made under this section shall be certified by the commissioner or such other official to the treasurer of his county, city or town. When an unpaid erroneous assessment of real estate is corrected under this section and such real estate has been sold at a delinquent land sale, the commissioner or such other official making such correction shall certify a copy of such correction to the clerk of the circuit court of his county or city; and such clerk shall note such correction in the delinquent land book opposite the entry of the tract or lot for the year or years for which such correction is made. F. In any action on application for correction under § 58.1-3980, if so requested by the applicant, the commissioner or other such official shall state in writing the facts and law supporting the action on such application and mail a copy of such writing to the applicant at his last known address. 53 10/30/2020 Frederick County,VA Ecode360 Frederick County, VA Friday, October 30, 2020 Chapter 155. Taxation Article XXI. Refund of Local Taxes § 155-136. Refunds. Pursuant to the authority granted by § 58.1-3990 of the Code of Virginia 1950, as amended, the Commissioner of the Revenue may authorize a refund on erroneously assessed property designated for local taxation. No refund shall be made in any case when application therefor was made more than three years after the last day of the tax year for which such taxes were assessed. https://www.ecode360.com/print/FR1364?guid=8707468 1/54 f W eras ORDINANCE __' 2021 The Board of Supervisors of Frederick County, Virginia hereby ordains that Sections 155-85 (Proration of tax) of Article XVI (Business License Provisions) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Sections 155-85 (Proration of tax) of Article XVI (Business License Provisions) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, as follows (deletions shown in stFikethF9 ,nh; additions shown in bold underline): CHAPTER 155 Taxation ARTICLE XVI Business License Provisions § 155-85 Proration of tax. A. In the event that a person, firm,, or corporation ceases to engage in a business, trade, profession, occupation, or calling within the County during a year for which the person, firm, or corporation a 'iGense t has already been paid a license tax, or, to the extent that the Commissioner of the Revenue determines that a person, firm, or corporation has incorrectly paid license tax in an amount greater than determined to be actually due, the taxpayer shall be entitled upon application to a refund for that portion of a license tax already paid that corresponds to the excess payment by the person, firm, or corporation, or, in the instance of a person, firm, or corporation that ceases to engage in a business, trade, profession, occupation, or calling within the County, prorated on a monthly basis so as to ensure that the licensed privilege is taxed only for that fraction of the year during which it is exercised within the County. Frederick County may elect to remit any refunds in the ensuing fiscal year and may offset against such refund any amount of past due taxes owed by the same taxpayer. In no event shall the County be required to refund any part of a minimum flat tax or the flat portion of the fee which is not based upon the gross receipts of the taxpayer. B. Licenses issued on a basis other than gross receipts or gross purchases, that is, those assessed a flat license fee, shall not be prorated for any period less than 55 one calendar year, except as provided by the Code of Virginia 1950, as amended, and except as otherwise provided in this article. Enacted this day of , 2021. Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn David D. Stegmaier Judith McCann-Slaughter A COPY ATTEST Kris C. Tierney Frederick County Administrator 2 56 COUNTY OF FREDERICK r Roderick B. Williams County Attorney 540/722-8383 1,8 Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: Code & Ordinance Committee FROM: Roderick B. Williams, County Attorney DATE: December 1, 2020 RE: Ordinance to Require Payment of Real Estate Taxes prior to Issuance of Business License The General Assembly at its 2012 Session passed legislation permitting a locality to require that no business license shall be issued to an applicant therefor until that person has produced satisfactory evidence that all delinquent business license, real estate, personal property, meals, transient occupancy, severance and admissions taxes owed by the business to the locality have been paid which have been properly assessed against the applicant by the locality. See Va. Code § 58.1-3700 (2012 Acts of Assembly cc.304 and 318) (copy attached). The County Code does not presently impose this requirement. See County Code § 155-110. This legislation is similar to the legislation that permits a locality to withhold building permits and other land use approvals until all real estate taxes and other charges constituting a lien on the subject property have been paid. See Va. Code § 15.2-2286(B). In 2018, the Board amended the County Code to impose that requirement. See County Code §§ 52-5 and 143- 195(A). The Treasurer has requested consideration of an amendment to the County Code to include the requirement of payment of delinquent real estate taxes before issuance of a business license to a person who is delinquent in the payment of real estate taxes (copy of request attached). A draft proposed revision to County Code Section 155-110, to add the term "real estate", is attached (the draft also adds the word"business" before"license" for clarity and conformance with the state code). This memorandum serves as a request for a recommendation from the Code& Ordinance Committee as to whether to forward this item to the Board of Supervisors for further consideration. Attachments cc: Kris C. Tierney, County Administrator Jay E. Tibbs, Deputy County Administrator 107 North Kent Street • Winchester, Virginia 22601 57 Code of Virginia Title 58.1. Taxation Chapter 37. License Taxes § 58.1-3700. License requirement; requiring evidence of payment of business license, business personal property, meals and admissions taxes Whenever a license is required by ordinance adopted pursuant to this chapter and whenever the local governing body shall impose a license fee or levy a license tax on any business, employment or profession, it shall be unlawful to engage in such business, employment or profession without first obtaining the required license. The governing body of any county, city or town may require that no business license under this chapter shall be issued until the applicant has produced satisfactory evidence that all delinquent business license, real estate, personal property, meals, transient occupancy, severance and admissions taxes owed by the business to the county, city or town have been paid which have been properly assessed against the applicant by the county, city or town. Any person who engages in a business without obtaining a required local license, or after being refused a license, shall not be relieved of the tax imposed by the ordinance. Code 1950, § 58-239; 1984, c. 675; 1991, c. 267; 1993, cc. 93, 934; 1996, cc. 715, 720;2012, cc. 304 , 318. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 1 10/30/2020 58 lC� CO COUNTY of FREDERICK Office of Treasurer P.O.Box 225 Winchester,Virginia 22604-0225 540/665-5607 + FAX 540/662-5838 R.Wayne Corbett,MGDT www.fredtax.com Deputy,Treasurer Operations C. William Orndoff,Jr.,MGT Angela Fritts Whitacre,MGDT County Treasurer Deputy Treasurer DATE: May 22, 2020 TO: Roderick Williams. Frederick County Attorney FROM: C.William OrnIaff,Jr r r, Frederick County RE: Code and Ordinanc The Frederick County Treasurer would like to have the Frederick County Code 155-110 amended to conform with the state code of VA 58.1-3700 B. The County states: B. No such license shall be issued until the applicant has produced satisfactory evidence that all delinquent license, personal property,meals, transient occupancy, severance and admissions taxes owed by the applicant to the County have been paid which have been properly assessed against the applicant by the County The state Code states: § 58.1-3700. License requirement; requiring evidence of payment of business license, business personal property, meals and admissions taxes. Whenever a license is required by ordinance adopted pursuant to this chapter and whenever the local governing body shall impose a license fee or levy a license tax on any business, employment or profession, it shall be unlawful to engage in such business, employment or profession without first obtaining the required license. The governing body of any county, city or town may require that no business license under this chapter shall be issued until the applicant has produced satisfactory evidence that all delinquent business license, real estate,personal 107 NORTH KENT STREET • WINCHESTER,VIRGINIA 22601 59 property,meals, transient occupancy, severance and admissions taxes owed by the business to the county, city or town have been paid which have been properly assessed against the applicant by the county, city or town. Any person who engages in a business without obtaining a required local license, or after being refused a license, shall not be relieved of the tax imposed by the ordinance. Code 1950, § 58-239; 1984, c. 675; 1991, c. 267; 1993, cc. 93, 934; 1996, cc. 715, 720; 2012, cc. 304, 318. The addition to the County Code would be the words real estate as highlighted above in the state code. This would allow the Treasurer to withhold a businesss license for the non payment of real estate in that entity's name 60 f W eras ORDINANCE __' 2021 The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 155-110 (Violations and penalties) of Article XVI (Business License Provisions) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Section 155-110 (Violations and penalties) of Article XVI (Business License Provisions) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, as follows (addition shown in bold underline): CHAPTER 155 Taxation ARTICLE XVI Business License Provisions § 155-110 Violations and penalties. A. It shall be unlawful to engage in any business, employment or profession for which a license is required by any of the provisions of this article without first having obtained such license, which shall be punishable by a fine of not more than $2,500 or by a jail sentence of not more than 12 months, or by both such fine and jail sentence. B. No such license shall be issued until the applicant has produced satisfactory evidence that all delinquent business license, real estate, personal property, meals, transient occupancy, severance and admissions taxes owed by the applicant to the County have been paid which have been properly assessed against the applicant by the County. C. Anyone who engages in a business, employment or profession without obtaining a required license, or after being refused the same, shall not be relieved of the tax imposed by the provisions of this article. D. Whenever any person is required by any of the provisions of this article to file a return for tax purposes, it shall be unlawful for such person to willfully fail or refuse to file such return at the time or times required or to make a false statement in such return with intent to defraud, and any violation hereof shall be punishable as provided in § 58.1-3916.1, Code of Virginia. 61 Enacted this day of , 2021. Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn David D. Stegmaier Judith McCann-Slaughter A COPY ATTEST Kris C. Tierney Frederick County Administrator 2 62 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: January 13, 2021 ��GrN Agenda Section: Consent Agenda Title: Human Resources Committee Report of December 11, 2020 Attachments: BOS01-13-21 HRCommitteeReport11 December202O.pdf 63 HUMAN RESOURCES COMMITTEE REPORT TO THE BOARD OF SUPERVISORS Friday, December 11,2020 9:00 a.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA A Human Resources Committee meeting was held in the First Floor Boardroom at 107 North Kent Street on Friday, December 11,2020,at 9:00 a.m. ATTENDEES: Committee Members Present: Blaine Dunn,Chairman; Don Butler; Beth Lewin; Kim McDonald and Robert(Bob)Wells Staff present: Michael Marciano, Human Resources Director; Kris Tierney,County Administrator;Jay Tibbs, Deputy County Administrator; Rod Williams,County Attorney; Missi Neal, Purchasing Manager; Delsie Jobe, Department of Social Services(DSS)Administrative Services Manager;Catalina Bos, DSS Benefit Program Supervisor; and DeLois Blevins, Human Resources Manager. ITEM REQUIRING ACTION BY BOARD OF SUPERVISORS 1. Catalina Bos, DSS Benefit Program Supervisor,submitted a nomination for Employee of the Month for BJ Dove (Exhibit B). Don Butler moved to approve the nomination and Kim McDonald seconded the motion. The committee recommends approval of BJ Dove the December 2020 Employee of the Month. ITEM FOR INFORMATION PURPOSES ONLY 1. Classification and Compensation Study Budget Request(Exhibit A). Michael Marciano, Director of Human Resources,and Missi Neal, Purchasing Manager, brought a request to the committee for approval of a Classification and Compensation Study for Frederick County, DSS and Frederick County Public School (Non-Instructional Staff)to be included in the HR Department's FY21/22 budget request. Don Butler made a motion to support the Human Resources Department's request that its FY 2021/2022 budget include$125,000 to cover the cost of the survey. Beth Lewin seconded the motion, and the committee recommends inclusion. Respectfully submitted, HUMAN RESOURCES COMMITTEE Blaine Dunn,Chairman Don Butler Beth Lewin Doug McCarthy Kim McDonald Robert(Bob)Wells By Michael J. Marciano, Director of Human Resources 64 Exhibit A Classification and Compensation Study Budget Request Considered at the December 11, 2020 HR Committee Meeting 65 MEMORANDUM TO: Human Resources Committee FROM: Missi Neal (Purchasing Manager) & Michael Marciano (Director of Human Resources) DATE: December 4, 2020 SUBJECT: Executive Summary-Classification and Compensation Study Budget Request The County's Department of Human Resources administers comprehensive programs aimed at attracting, motivating, and retaining a professional and industrious workforce. The Department provides approximately 800 full- and 300 part-time employees with services related to recruitment, selection and retention, compensation and benefits, performance management, employee relations, policy development and interpretation, organizational development, training and development and employment law compliance. In addition, Frederick County Public Schools (FCPS) has approximately 2,300 employees of which 1,500 are instructional and 800 are non-instructional. It is the goal of the County and FCPS to conduct a compensation study to provide a recommendation for salary placements, pay grade and compression adjustments placing both the County and FCPS in a comparable position with our comparative market to hire and retain quality employees. The comparative is comprised of localities that are geographically located close to Frederick County and where departing employees typically obtain employment.The last compensation study conducted by the County was in 20141. Costs associated with the study have a lot to do with how comprehensive the study is plus the number of classifications and current employees to be included in the study. Dinwiddie County has 130 unique classifications and 210 employees and budgeted $50,000 (their proposals ranged in price from $25,000 - $135,000). Lynchburg also recently conducted a survey(2018)for$100,000 with 450 classifications and 1,200 employees. The City of Chesapeake is anticipating a total cost of $120,000 with 3,602 employees and the Chesapeake Public Schools finalized a study for$108,625. Loudoun County completed a multi-year study with part 1 totaling$126,000 and part 2 totaling$287,000. Based on our total positions,titles,compensation plans, etc.,we fall in line with the City of Chesapeake. The estimated total is based on 400 titles/classifications and 3,384 employees (Frederick County, non- instructional FCPS, Department of Social Services). On average, the cost per classification for comparable localities is between$300 and$350; based on number of classifications, current positions and employees,the figure used in determining estimates was$312.50. The Human Resources Department has requested in its FY 2021/2022 budget$125,000 to cover the cost of the survey. 1 The compensation study conducted in 2014 did not include the Department of Social Services and Frederick County Public Schools. 66 Exhibit 6 Employee of the Month Considered at the December 11, 2020 HR Committee Meeting 67 COG County of Frederick h Employee of the Month Received:(HR use) w Nomination Form 1739 Do you know of an employee who Exhibits EXTRA effort... Goes ABOVE AND BEYOND the requirements of his or her position... Provides OUTSTANDING service... Makes a significant contribution, accomplishment or achievement to the County of Frederick and its residents. Criteria for Employee Recognition: Please mark the appropriate contribution(s): ❑ Critical Thinking and Problem Solving ❑ Interpersonal Skills ❑ Professionalism ❑ Superior Accomplishment ❑ Customer Service(Exceptional) ❑ Leadership Qualities ❑ Project ❑ Other 0 Dependability ❑ Monetary Savings Ideas ❑ Quality ❑� r-1 Innovation/Creativity Performance/Skill Level ❑ Resourcefulness ❑ Integrity ❑� Positive Attitude ❑ Safe Work Practices Employee Name: BJ Dove Department: Social Services Nomination Submitted By: Catalina Bos Department:Social Services Nominator's Signature Catalina Bos Date:. 11/27/2020 Describe the employee's accomplishments/contributions that were ABOVE AND BEYOND the normal duties expected of the position. Describe how the employee provided exceptional service: BJ is the definition of a'dependable' employee-she makes herself available and is a constant and reliable resource to all employees at Social Services. The front desk counts on BJ to assist them when clients come into the lobby or call on the phone. Staff members rely on BJ to provide assistance and aid with unknown and/or difficult case situations. Supervisors trust in BJ to always be there and help carry the load however it may be needed. During times of transition in management, BJ proved to be a sturdy and unwavering leader and advocate for the entire Benefits Division. BJ possesses a positive attitude and has regard for maintaining morale amongst workers. She is thoughtful of other staff, celebrating them and coming up with fun things to do. She normally volunteers to cover the front desk so others can attend gatherings. Additionally, BJ provides exceptional customer service to the clients of Frederick County. She continuously goes above and beyond to assist by answering questions, offering explanations, fixing cases/coverage, calling other departments and resources as necessary, and overall by always being a kind and understanding person to everyone she encounters. Specifically describe the actions that meet the criteria of this award. Describe the value added to the department, team or organization. BJ has been a loyal Frederick County employee for almost 20 years. She truly cares about the citizens of Frederick County and their wellbeing. This is demonstrated not only through her performance as a Social Services employee, but also through her actions within the community itself. BJ regularly volunteers with different organizations and in different capacities within the community, including the Winchester Area Temporary Thermal Shelter (WATTS) where she helps serve homeless citizens in a variety ways. BJ has been an asset to Frederick County Department of Social Services, especially within the Benefits Division. Her knowledgeable, supportive, team-oriented, and caring nature have added value to the Department and to the County as a whole. She is held in high esteem by her peers and her efforts are truly greatly appreciated. Thank you for everything you do for us every day! 68 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: January 13, 2021 ��GrN Agenda Section: Consent Agenda Title: Request for Use of Funds by the Public Works Committee: New Storage Building Attachments: BOS01-13-21 PublicWorksUseOfFundsRequest.pdf 69 cc COUNTY of FREDERICK w Department of Public Works 540/665-5643 FAX: 540/678-0682 �� MEMORANDUM TO: Board of Supervisors FROM: Joe C. Wilder, Director of Public Works J�U/ SUBJECT: Request for Use of Funds —New Storage Building DATE: January 7, 2021 At the October 27, 2020 Public Works Committee meeting, a motion was unanimously approved by the committee to spend up to $60,000 of unspent funds from the construction of the Albin Citizens Convenience Center. There has been an on-going need to build a 30'x60' storage building at the Stephenson Convenience Center to store equipment for the Refuse Collection department. As we informed the Public Works Committee, we are using multiple small buildings to house equipment(i.e. mowers, snow blowers, plows, hand tools, etc.) The request for the building has been made in recent budgets but has been cut due to budget saving measures. The leftover funds are in the Refuse Collection Budget line item 10-4203-8900-00 improvements other than building. Currently,the unspent funds will be returned to the general fund. We are requesting that we be allowed to use the unspent funds for the construction of the storage building. We attempted to take this item to the Finance Committee, but the November and December meetings have been cancelled. JCW/kco cc: file 107 North Kent Street, Second Floor, Suite 200 9 Winchester, Virginia 22601-5000 70 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: January 13, 2021 ��GrN Agenda Section: Consent Agenda Title: Request from the Commissioner of the Revenue for Refund and Supplemental Appropriation ARI Fleet LT - $7,004.75 Attachments: BOS01-13-21 Refund Request.pdf 71 COUNTY OF FREDERICK Roderick B.Williams w County Attorney w 540/722-8383 1736 Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: Seth T. Thatcher, Commissioner of the Revenue Frederick County Board of Supervisors CC: Kris Tierney, County Administrator FROM: Roderick B. Williams, County Attorney DATE: December 31, 2020 RE: Refund—ARI Fleet LT I am in receipt of the Commissioner's request, dated December 15, 2020, to authorize the Treasurer to refund ARI Fleet LT the amount of$7,004.75, for personal property taxes for 2020 and vehicle license fees for 2020. This refund resulted from normal proration of vehicle taxes where vehicles were either sold or moved from this locality. The Commissioner verified that documentation and details for this refund meet all requirements. Pursuant to the provisions of Section 58.1-3981(A) of the Code of Virginia(1950, as amended), I hereby note my consent to the proposed action. The Board of Supervisors will also need to act on the request for approval of a supplemental appropriation, as indicated in the Commissioner's memorandum. Attachment 107 North Kent Street • Winchester, Virginia 22601 72 ,f reberick wuntp, 'Virginia OFFICE OF COMMISSIONER OF THE REVENUE °. 107 North Kent Street P.O.Box 552 . FF*Pxtr Winchester VA 22601 Winchester VA 22604-0552 seth.thatcher(cDfcva.us www.fcva.us/cor SETH T.THATCHER Phone: 540-665-5681 COMMISSIONER Fax: 540-667-6487 December 15, 2020 TO: Rod Williams, County Attorney Cheryl Shiffler, Finance Director Frederick County Board of Supervisors Kris Tierney, County Administrator FROM: Seth T. Thatcher, Commissioner of the Revenue RE: Exoneration -ARI Fleet Lt Please approve a refund of$7,004.75 for exoneration of vehicle personal property taxes for 2020 in the name of ARI Fleet Lt. This represents the accumulation of multiple exonerations for vehicles of various individuals leased for 2020 which were either sold or moved out during this period and are the result of normal proration. To comply with the requirements for the Treasurer to issue this refund, Board action is required. The Commissioner's staff has verified all required data, and the paperwork is in the care of the Commissioner of the Revenue. Please also approve a supplemental appropriation for the Finance Director on this request. Exoneration is $7,004.75. 73 uace: le/09/2a Cash Register: COUNTY OF FREDERICK Time: 16:30:57 Cashier: Total Transactions: Customer Name: ARI FLEET LT Customer Transaction$: 61 ------------------------------------------------- -----------�--___- Options: 2-Edit 4-Delete S=View ----------------------------------------------------- A n.�+ rAX61 _Tinter NA PP2020 1 00020150003 $73.71- 5.00 $73.71- _ PP2020 2 00020150009 $127.58- $,00 5127.56- ,. PF2020 3 00020150011 $83.03- $.00 $83.03- .- PP2020 4 00020150013 $83.03- $.00 $B3.03- PP2020 5 00020150017 $98.01- $.00 $98.01- _ PP2020 6 00020150025 $85.46- $.00 $85.46- PP2020 7 00020150027 $45.36- $.00 $45.36- PF2020 8 00020150029 $45.36- 5.00 $45.36- PP2020 00020150031 $45,36- $.00 $45.36- PP2020 10 00020150033 $45,36- $.00 $45.36- PP2020 11 70020150035 485.46- 4.00 $85.46- PP2020 12 00020159037 $85.96- $.00 $B5.46- Multiple Pages Total Paid : $7,004,75 F3-Exit F14=5how Map# F15-Show Balance F18-Sort-Entered F21-CmdLine F20=Attach Date: 12/09/20 Cash Register: COUNTY OF FREDERICK Time: 16:30:57 Cashier:4NEEEENE@ENwWW Total Transactions: Customer Name: ARI FLEET LT Customer Transactions: 61 Options: 2-Edit 4-Delete 5-View ngg n-? m-, PP2020 13 00020150039 $85.96- $.00 $85.46- PP2020 19 00020150041 $85,46- $.00 $65.46- _ PP2020 15 00020150047 $45,36- $.00 S45.36- PP2020 16 00020150049 $147.42- $.00 $147.42- PP2020 17 00020150051 $85.46- $.00 $85.46- PP2020 16 00920150055 $127,58- $.00 S127.58- PP2020 19 00020150057 $127.58- $.00 5127.58- * PP2020 20 00020150059 MAG- $.00 $85.46- PP2020 21 00020150061 $127.58- $.00 $127.58- PP2020 22 00020150069 $105.30- $.00 $105.30- _ PP2020 23 00020150071 $105.30- $.00 $105.30- PP2020 24 00020150073 $85.96- $.00 $85.46- Multiple Pages Total Paid : $7,004.75 F3=Exit F14=Show Map# F15=Show Balance FIS=Sort-Entered F22-CmdLine F20-Attach Date: 12/C9/20 Cash Register: COUNTY OF FREDERICK Time: 16:30:57 Cashier: � Total Transactions: Customer Name: ARI FLEET LT Customer Transactions: 61 Options: 2=Edit 4=Delete S=View nT+ nom•+t.TsS.TLL *,-r.r ia., m=,, a,...,,,.• _ ne..=i fir..+ ^* Pd3d PP2020 25 00020150075 $85.46- $.00 ^" $85.96- _ PP2020 26 00020150077 $I05.30- $.00 SIO5.30- PP2020 27 00020150079 $105.30- $.00 $105.3o- PP2020 28 00020150081 5105.30- 6.00 $105.30- PP2020 29 00020150083 $157.95- $.00 5157.95- PP2020 30 00020150085 $105.30- $.00 $105.30- PP2020 31 00020150089 $109.55- $.00 $:09.55- PP2020 32 00020150091 $75.74- $.00 $75.74- PP2020 33 00020150093 $105.30- $.00 $105.30- PP2020 34 00020150095 $241.48- $.00 $241.98- -. PP2020 35 00020150099 $353.69- $.00 $353.69- PP2020 36 00020150101 $68.04- 0.00 $68.04- Multiple Pages Total Paid : $7,004.75 F3=Exit F14=Show Map# F15-Show Balance FIS-Sort-Entered F21=CmdLine F20-Attach * �ud s &)Oyd �p � Date: 12/09/20 Cash Register: COUNTY OF FREDERICK Time: 16:30:57 Cashier: Total Transactions: Customer Name: AAT FLEET LT Customer Transactions: 61 ----------------------------------- ------- Options: -----Options: 2-Edit 4=Delete 5=View nT+ IlYpt TSiSY mtckat a., PP2D20 37 00020150:03 $83.03- $.00 S83.03- PP2020 38 0OD2D350105 $B3.03- $.00 $83.03- PP2020 39 00029150107 $68.04- $.00 $68.04- PP2020 40 00020150109 $68.04- $.00 $66.04- PP2020 41 0002015DIll $68.04- $.00 $68.04- PP2020 42 00020150115 $220.52- 6.00 $220.52- _ PP2020 43 00020150119 $250.60- $.00 $250.60- PP2020 44 00020150121 $25D.60- $.00 $250.6D- PP202D 45 00020150123 $419.79- $.00 $419.79- PP2020 46 0002DI50207 6127.58- 6.00 $127.58- _ PP2020 47 00029150309 p85.66- $.00 $85.66- PP202D 48 00020150433 $209.59- S.DO 0209.59- Multiple Pages Total Paid : $7,004.75 F3=Exit F14-Show Map# F15=Show Balance FIB-Sort-Entered F21-CmdLine F20-Attach Date: 12/09/20 Cash Register: COUNTY OF FREDERICK Time: 16:30:57 Cashier: 0 Total Transactions: Customer Name: ARI FLEET LT Customer Transactions: 61 Options: 2=Edit 4-Delete 5-View. nTr ZSi1L "XZZLi PP2020 49 00020150443 - $83.03- $.00 $83.03- PP2020 50 00020170007 $127.58- $.00 $127,58- PP2D20 51 00020170009 $127.58- $.00 $127.50- PP2020 52 OOD20170011 $127.58- 6.00 $127.58- PP2020 53 00020170013 $83.03- $.00 $83.D3- PP2020 54 00020170015 $83.03- $.00 $63.03- PP2020 55 00020170017 $83.03- $.00 $83.D3- PP2020 56 00020170029 $116.24- $.00 $116.24- PP2020 57 00020170031 $85.46- $.00 $e5,46- PP2020 58 00020110033 $131.22- $.00 $131.22- PP2020 59 00020170035 $131.22- $.00 $131.22- PP2020 60 00020170037 $131.22- $.00 $131.22- Multiple Pages Total Paid : $7,004.75 F3=Exit F14=show Map# F15-Show Balance Fie=Sort-Entered F21=CmdLine F20=Attach Date: 12/09/20 Cash Register: COUNTY OF FREDERICK Time: 16:30:57 Cashier: Total Transactions: Customer Name: ARI FLEET LT Customer Transactions: 6: Options: 2=Edit 4=Delete S=View L" n-" Tr jL VL2020 6I 03907070001 $25.00- 5.00 $25.00- Multiple Pages Total Paid - $7,004.75 F3-Exit F14-Show Map# F15-Show Balance F18=sort-Entered F21=CmdLine F20=Attach 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: January 13, 2021 ��GrN Agenda Section: Consent Agenda Title: Employee of the Month Resolution Honoring B.J. Dove Attachments: BOS01-13-21 EOMResDoveBJ.pdf 76 Employee of the Month Resolution Awarded to: B. J. Dove WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for the award may be nominated by any County employee; and WHEREAS, the Board of Supervisors upon recommendation by the Human Resources Committee selects one employee from those nominated; and WHEREAS, B.J. Dove is the definition of a `dependable' employee, making herself available as a constant and reliable resource to all employees at Social Services with the front desk staff counting on B.J. to assist when clients come into the lobby or call and staff members relying on B.J. to provide assistance and aid with unknown and/or difficult case situations; and WHEREAS, her supervisors trust in B.J.'s constancy to help carry the load however needed and during times of transition in management, and B.J. has proven to be a sturdy and unwavering leader and an advocate for the entire Benefits Division; and WHEREAS, B.J. possesses a positive attitude and takes responsibility for maintaining morale amongst workers, and is thoughtful of other staff, celebrating them when the occasion arises, and often volunteers to cover the front desk allowing others to attend gatherings; and WHEREAS, B.J. routinely provides exceptional customer service to the clients of Frederick County by continuously going above and beyond to assist by answering questions, offering explanations, fixing cases/coverage, calling other departments and resources as necessary, and above all by responding with kindness and understanding to everyone she encounters; and WHEREAS, B.J. has been a loyal Frederick County employee for almost 20 years, and truly cares about the citizens of Frederick County and their wellbeing as is demonstrated not only through her performance as a Social Services employee, but also through her actions within the community such as regularly volunteering with different organizations and in numerous capacities, including the Winchester Area Temporary Thermal Shelter (WATTS) where she helps serve homeless citizens in a variety of ways; and WHEREAS, B.J. has been an asset to Frederick County Department of Social Services, especially within the Benefits Division, and her knowledgeable, supportive, team-oriented, and caring nature has added value to the Department and to the County as a whole resulting in her being held in high esteem by her peers, who truly and greatly appreciate her efforts; and NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 1 3th day of January 2021 , that B.J. Dove is hereby recognized as the Frederick County Employee of the Month for December 2020; and BE IT FURTHER RESOLVED that the Board of Supervisors extends gratitude to B.J. Dove for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and BE IT FINALLY RESOLVED that B.J. Dove is hereby entitled to all of the rights and privileges associated with this award. Board of Supervisors County of Frederick, Virginia ------------------------------------- Charles S. DeHaven, Jr., Chairman 77 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: January 13, 2021 ��GrN Agenda Section: County Officials Title: Presentation of Employee of the Month Award to B.J. Dove Attachments: 78 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: January 13, 2021 ��GrN Agenda Section: County Officials Title: Spotted Lantern Fly Update: Kyle Rhoads and David Gianino Virginia Department of Agriculture and Consumer Services Attachments: 79 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: January 13, 2021 ��GrN Agenda Section: County Officials Title: Committee Appointments 1. Historic Resources Advisory Board 4-year term of At-large Member Dr. Robert Meadows expires 1-12-2021 Dr. Meadows is eligible and willing to serve another term. 2. Parks and Recreation Commission 4-year term of Back Creek Rep. Gary Longerbeam expires 1-17-2021 Mr. Longerbeam is eligible and willing to serve another term. 3. Social Services Board Vacant 4-year term of At-Large Seat expires 5-24-21 See attached application of John Lamanna Attachments: BOS01-13-21 Board Comm itteeAppts(01132021 BdMtg).pdf 80 .r COUNTY of FREDERICK Office of the County Administrator tigGl\'f 173_ Tel: 540.665.6382 Fax: 540.667.0370 MEMORANDUM TO: Board of Supervisors FROM: Ann W. Phillips, Deputy Clerk DATE: January 7, 2021 RE: Committee Appointments Listed below are the vacancies/appointments due through February 2021. As a reminder, in order that everyone have ample time to review applications, and so they can be included in the agenda, please remember to submit applications prior to Friday agenda preparation. Your assistance is greatly appreciated. JANUARY 2021 Historic Resources Advisory Board Dr. Robert Meadows — Member-At-Large 216 Stephens Run Street Stephens City, VA 22655 Phone: (540)808-3304 Term Expires: 01/12/21 Four-year term (Dr. Meadows is willing to continue serving.) Parks and Recreation Commission Gary E. Longerbeam — Back Creek District Representative 202 Greenfield Road Winchester, VA 22602 Phone: (540)667-0483 Term Expires: 0/17/21 Four-year term 81 Memorandum — Board of Supervisors January 7, 2021 Page 2 (Mr. Longerbeam is willing to continue serving.) FEBRUARY 2021 Planning Commission Charles E. Triplett — Gainesboro District Representative 150 Lone Willow Lane Gore, VA 22637 Phone: (540)877-1380 Term Expires: 02/22/21 Four-year term VACANCIES/OTHER Historic Resources Advisory Board David O'Neil — Gainesboro District Representative 161 Harrelson Place Winchester, VA 22603 Phone: (540)722-8955 Term Expires: 06/12/21 Four-year term (Staff has been advised of vacancy from Gainesboro District.) Social Services Board Susan J. Brinkmeier— Member-At-Large 216 Centennial Drive Stephenson, VA 22656 Term Expires: 05/24/21 Four-year term (See Attached Application of John Lamanna.) (Ms. Brinkmeier has moved out of state.) Ryan C. Shaw — Red Bud District Representative 110 Foxglove Drive Winchester, VA 22602 Phone: 877-4978 Term Expires: 06/30/20 Four-year term 82 Memorandum — Board of Supervisors January 7, 2021 Page 3 (Mr. Shaw has moved from Red Bud District.) Karen L. Kimble — Shawnee District Representative 118 Keswick Court Winchester, VA 22602 Phone: (540)665-2023 Term Expires: 06/30/22 (Ms. Kimble advised staff she will be stepping down effective March 30, 2021.) (The Social Services Board is comprised of seven members, one member from each magisterial district and one member at large. Members serve a four-year term and are limited to two consecutive terms.) AWP/tjp Attachment U:\TJP\committeeappointments\MmosLettrs\Board CommitteeAppts(01132021 BdMtg).docx 83 r07 89 10 17 INFORMATIONAL DATA SHEET ���'j FOR � *T, �V � FREDERICK COUNTY BOARD OF SUPERVI fRS COMMITTEE APPOINTMENTS te,yEticK cgUO :, �0 Please provide the following information for review by the Board of Supervisors regar *%our interest��f��' serving on Social service Board Please print 1 out by hand. Thank You. Name: John lamanna Home Phone: Address: 215 Union View Lane Office Phone: Winchester Virginia Cell/Mobile: 22603 Fax: Employer: Timber Ridge School Email: Occupation: Executive Director Civic/Community Activities: Past Fredenck county School Board member,Board member Child Advocacy Center,Board member Top Of Virginia Regional Chamber Will You Be Able To Attend This Committee's Regularly Scheduled Meeting On: Yes: x No: Do You Foresee Any Possible Conflicts Of Interest Which Might Arise By Your Serving On This Committee? Yes: No: x Explain: Additional Information Or Comments You Would Like To Provide(If you need more space, please use the reverse side or include additional sheets): resume attached Applicant's Signature: - Date: Nominating Supervisor' Please submit form to: Frederick County Administrator's Office 107 North Kent Street Winchester,VA 22601 or email to: tprice(aDfcva.us or itibbsna,fcva.us (08/06/2020) 84 215 Union View Lane Winchester, VA 22603 (540) 888-9530 (W) John Joseph Lamanna Experience 1976 to Present: Leary Educational Foundation 1976-1977: Residential Counselor 1977-1979: Counseling Supervisor 1979-2007: Chief Operating Officer 2007-Present: Executive Director Education Degree: Doctor of Education Major: Counselor Education and Student Personnel Services, Virginia Polytechnic Institute and State University, May 1993. Dissertation Title: Effects of a Crisis Training Program on Reported Job Stress and Self Efficacy of Youth Care Workers Managing Seriously Emotionally Disturbed Adolescents in Placement. Degree: Post Masters Certificate in Marriage and Family Therapy, Virginia Polytechnic Institute and State University, May 1990. Major: Marriage and Family Therapy. Degree: Certification of Advanced Graduate Study, Virginia Polytechnic Institute and State University, August 1989. Major: Counselor Education and Student Personnel Services. Degree: M.S.Ed., - Counseling and Personal Guidance, St. Bonaventure University, 1974 Degree: B.A. — Social Science, St. Bonaventure University, 1972. ]ohr.].Lamanna Last update:10/19/20 85 Certification/Licensure 1997: Licensed Marriage/Family Therapist, Virginia #0717 1993: Board Approved Supervisor (Board of Professional Counselors, Virginia Department of Health Professions) 1989: Licensed Professional Counselor, Virginia #0701 1989: National Certified Counselor#21859 9/1975: Certified Social Studies Teacher, Virginia (7-12) 9/1975: Certified Guidance Counselor, Virginia (7-12) Special Training and Activities 1982-2006: Member Virginia Association of Independent Special Education Facilities 1988-1994: Chairperson, Accreditation and Membership Committee 2000-2002: Board Chair 1988-2006: Executive Board Member 1985: Trainer's Program in Therapeutic Crisis Intervention, Cornell University, NY 1988-1989: Parents Anonymous, Group Facilitator 1989-Present: Member, American Association of Counseling and Development 1989-2000: Association for Counselor Education & Supervision 1989-2000: Association for Specialists in Group Work 1990-Present: Clinical member, American Association for Marriage and Family Therapy 1992-1996: Member for Kids Sake, Winchester, Virginia 1992: Vice President 1993-1994; President 1993: Responsibility Training Workshop: Training and program development based on Responsibility Theory, facilitated by Educator Training Center of California 1998-1999 President, Frederick County Schools Council Past Member— Senseny Road Elementary; Stonewall Elementary, and James Wood Middle School PTOs 1998-Present: Board Member, Apple Valley Counselors Association John 7.Lamanna Last update:10/19/20 86 1993-1994: Appeals Work Group -- Comprehensive Service Act— State Level Advisory Committee. 1994: Adjunct Graduate, Instructor, James Madison University (Fall Semester) 1995: Advanced Study of Emotionally Disturbed Individuals (Spring Semester) 1994-1998: Part time instructor, Shepherd College, Department of Psychology 1996-2001: Head Start Health Advisory Committee. 1996-1997: State Level Advisory Committee for Review and Recommendations — Interdepartmental Standards for Licensing Residential Facilities. 1997-Present: Healthy Families, Northern Shenandoah Valley Board member 1997-Present Board Chair— 2000-2005 1999-2000: Board Member—Virginia Council on Private Educations (VCPE) 2001-2019: Frederick County School Board Shawnee District Representative — 2002-2016 At Large — 2016-2019 Vice Chair— 2003-2006 Chair-- 2007-2010; 2016-2019 2013-Present: Top of Virginia Regional Chamber Board member—2013-2018 Board Chair— 2019-2020 John J.Lamanna Last update:10/19/20 87 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: January 13, 2021 ��Gt• Agenda Section: Committee Business - Code and Ordinance Committee Title: The Code and Ordinance Committee recommends the following items be forwarded to public hearing: 1. Ordinance re: Assessment of Court Costs for Courthouse Security— Proposed Increase per New Legislation 2. Ordinance re: Refunds of Incorrect Excess Payments of Business License Taxes 3. Ordinance to Require Payment of Real Estate Taxes prior to Issuance of Business License Attachments: BOS01-13-21 CodeAndOrdinanceCommReport8December2020.pdf 88 CODE& ORDINANCE COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday, December 8, 2020 3:00 p.m. 107 NORTH KENT STREET,WINCHESTER,VIRGINIA ATTENDEES: Committee Members Present: J. Douglas McCarthy, Chair;Blaine P. Dunn; Stephen Butler,and Derek Aston Committee Members Absent: James Drown Staff Present: Roderick B.Williams, County Attorney;Jay E. Tibbs,Deputy County Administrator; Kathryn Corbit, Chief Admin for the Business Division, Commissioner of the Revenue's Office. ITEMS FOR BOARD OF SUPERVISORS ACTION: 1. Proposed Revision to Frederick County Code, Chapter 155 Taxation,Article IX Assessment of Court Costs for Courthouse Security, §155-46 Fee Imposed; collection; use. Mr.Williams reviewed the proposed revision. The General Assembly during its 2020 Regular Session passed legislation increasing the courthouse security fee that localities may impose as part of the court costs in each criminal case in which a defendant is convicted of a violation of any statute or ordinance. The proposed ordinance would increase the current$10 fee to $20. The Clerk of the Circuit Court requested consideration of this fee increase. Upon a motion by Mr.Aston, seconded by Mr. Butler, the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing with a recommendation of approval. The motion was unanimously approved. 2. Proposed revision to Frederick County Code, Chapter 155,Taxation,Article XVI Business License Provisions, §155-85 Proration of tax. Mr.Williams reviewed the proposed revision to Chapter 155,Taxation. The General Assembly during its 2020 Regular Session passed legislation permitting a local governing body to authorize the locality's treasurer to issue any refund up to $5,000 as a result of an erroneous tax assessment. The legislation increased the amount from$2,500 to $5,000. For any refund above $5,000,the governing body must approve the refund. The proposed amendment would confirm that the authority for such refunds extends to refunds of business license taxes. Upon a motion by Mr. Butler, seconded by Mr. Dunn,the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing with a recommendation of approval. The motion was unanimously approved. 89 3. Proposed revision to Frederick County Code, Chapter 155,Taxation,Article XVI Business License Provisions, §155-110 Violations and penalties. Mr.Williams reviewed the proposed revision to Chapter 155,Taxation. The General Assembly during its 2012 Regular Session passed legislation permitting a locality to required that no business license shall be issued to an applicant therefor until that person has produced satisfactory evidence that all delinquent business license,real estate,personal property,meals, transient occupancy, severance, and admissions taxes owed by the business to the locality have been paid which have been properly assessed against the applicant by the locality. Upon a motion by Mr. Dunn, seconded by Mr. Butler,the Code and Ordinance Committee forwarded the proposed ordinance amendment to the Board of Supervisors for public hearing with a recommendation of approval. The motion was unanimously approved. There being no further business, the meeting was adjourned at 3:25 p.m. 90 AGENDA FREDERICK COUNTY BOARD OF SUPERVISORS Code & Ordinance Committee TUESDAY, DECEMBER 8, 2020 3:00 P.M. FIRST FLOOR CONFERENCE ROOM, COUNTY ADMINISTRATION BUILDING 107 NORTH KENT STREET, WINCHESTER, VIRGINIA Call to Order 1 . Ordinance re Assessment of Court Costs for Courthouse Security— Proposed Increase per New Legislation 2. Ordinance re Refunds of Incorrect Excess Payments of Business License Taxes 3. Ordinance to Require Payment of Real Estate Taxes prior to Issuance of Business License Adjourn 91 COUNTY OF FREDERICK r Roderick B. Williams County Attorney 540/722-8383 1,8 Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: Code & Ordinance Committee FROM: Roderick B. Williams, County Attorney DATE: December 1, 2020 RE: Assessment of Court Costs for Courthouse Security—Legislation Authorizing Increase in Fee The General Assembly at its 2020 Regular Session passed legislation increasing the courthouse security fee that localities may impose as part of the court costs in each criminal case in which a defendant is convicted of a violation of any statute or ordinance. A copy of the legislation is attached. The County currently imposes a $10 fee for this purpose. The new legislation permits the County to increase the fee to $20. The Clerk of the Circuit Court has requested consideration of the increase. The Treasurer's Office reports that, in Fiscal Year 2020, the County received approximately $91,500 in courthouse security fee assessments. Therefore, were the County to increase the courthouse security fee assessment, the County could expect that the amount of collections of the fee in future fiscal years would be roughly double the FY2020 amount and therefore be approximately $183,000. The authorizing legislation restricts use of the funds to the funding of courthouse security personnel, and, if requested by the sheriff, equipment and other personal property used in connection with courthouse security. At present, the Sheriff s Office has over 20 deputies assigned to its Civil Services Division, the responsibilities of which include courthouse security. While not as many as 20 deputies are performing courthouse security functions at any given time, the potential $183,000 in revenue from the courthouse security fee would cover the costs of approximately three FTEs and the demands of courthouse security functions certainly exceed three FTEs. Toward this end, it may be appropriate for the Sheriff s Office regular annual budget to show this revenue and then provide for use of the courthouse security fee funds for personnel costs, in lieu of having the funds accumulate. 107 North Kent Street • Winchester, Virginia 22601 92 A draft proposed revision to the relevant section of the County Code, Section 155-46, is attached. This memorandum serves as a request for a recommendation from the Code& Ordinance Committee as to whether to forward this item to the Board of Supervisors for further consideration. Attachments cc: Kris C. Tierney, County Administrator Jay E. Tibbs, Deputy County Administrator 93 VIRGINIA ACTS OF ASSEMBLY -- 2020 SESSION CHAPTER 602 An Act to amend and reenact § 53.1-120 of the Code of Virginia, relating to courthouse and courtroom security; assessment. [S 149] Approved April 2,2020 Be it enacted by the General Assembly of Virginia: 1. That § 53.1-120 of the Code of Virginia is amended and reenacted as follows: § 53.1-120. Sheriff to provide for courthouse and courtroom security; designation of deputies for such purpose; assessment. A. Each sheriff shall ensure that the courthouses and courtrooms within his jurisdiction are secure from violence and disruption and shall designate deputies for this purpose. A list of such designations shall be forwarded to the Director of the Department of Criminal Justice Services. B. The chief circuit court judge, the chief general district court judge and the chief juvenile and domestic relations district court judge shall be responsible by agreement with the sheriff of the jurisdiction for the designation of courtroom security deputies for their respective courts. If the respective chief judges and sheriff are unable to agree on the number, type and working schedules of courtroom security deputies for the court, the matter shall be referred to the Compensation Board for resolution in accordance with existing budgeted funds and personnel. C. The sheriff shall have the sole responsibility for the identity of the deputies designated for courtroom security. D. Any county or city, through its governing body, may assess a sum not in excess of " $20 as part of the costs in each criminal or traffic case in its district or circuit court in which the defendant is convicted of a violation of any statute or ordinance. If a town provides court facilities for a county, the governing body of the county shall return to the town a portion of the assessments collected based on the number of criminal and traffic cases originating and heard in the town. The imposition of such assessment shall be by ordinance of the governing body that may provide for different sums in the circuit courts and district courts. The assessment shall be collected by the clerk of the court in which the case is heard, remitted to the treasurer of the appropriate county or city and held by such treasurer to be appropriated by the governing body to the sheriffs office. The assessment shall be used solely for the funding of courthouse security personnel, and, if requested by the sheriff, equipment and other personal property used in connection with courthouse security. 94 f W eras ORDINANCE __' 2021 The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 155-46 (Fee imposed; collection; use) of Article XI (Assessment of Court Costs for Courthouse Security) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Section 155-46 (Fee imposed; collection; use) of Article XI (Assessment of Court Costs for Courthouse Security) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, as follows and to take effect April 1, 2021 (deletion shown in strikethre G ; addition shown in bold underline): CHAPTER 155 Taxation ARTICLE XI Assessment of Court Costs for Courthouse Security § 155-46 Fee imposed; collection; use. Pursuant to § 53.1-120D of the Code of Virginia, 1950, as amended, there is hereby assessed a fee of$a 9 20 as part of the costs in each criminal or traffic case which is tried in either one of the district courts of the County of Frederick or in the Circuit Court of the County of Frederick and which results in conviction of any statute or ordinance. This fee shall be collected by the Clerk of the circuit court in which the case is heard, remitted to the Treasurer of Frederick County, and held by the Treasurer subject to appropriation by the Board of Supervisors to the Sheriff of Frederick County for the funding of courthouse security personnel. Enacted this day of , 2021. Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn David D. Stegmaier Judith McCann-Slaughter 95 A COPY ATTEST Kris C. Tierney Frederick County Administrator 2 96 COUNTY OF FREDERICK r Roderick B. Williams County Attorney 540/722-8383 1,8 Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: Code & Ordinance Committee FROM: Roderick B. Williams, County Attorney DATE: December 1, 2020 RE: Ordinance Regarding Refunds of Erroneously Assessed Business License Taxes The General Assembly at its 2020 Regular Session passed legislation permitting a local governing body to authorize the locality's treasurer to issue any refund of up to $5,000 as a result of an erroneous tax assessment. The legislation increased the amount from $2,500 to $5,000. For any refund above $5,000, the governing body must approve the refund. A copy of the legislation, which amended Va. Code § 58.1-3981, is attached. County Code § 155-136 (copy attached)permits the County's Treasurer to make such refunds as to property taxes and County Code § 155-85 permits the County's Treasurer to make such refunds as to business license taxes, but § 155-85 does so only in instances in which the business has ceased to do business. Frequently, however, instances arise with the business license tax,just as with the personal property tax, where taxpayers remain in business, frequently as successful enterprises, and file amended returns, for any number of legitimate reasons, which result in refunds due for portions of the tax paid (the Commissioner of the Revenue still must determine whether an assessment was erroneous). So that the Treasurer may proceed with these refunds, if not more than $5,000, without the need to have the matter go on the Board agenda, an amendment to § 155-85 would be needed. A draft proposed revision to §155-85, adding language to allow the Treasurer to issue business license refunds in instances of erroneous business license assessments, is attached. The draft also adds the word"occupation" to the term "business, trade, profession, or calling", for consistency with other provisions in the County Code regarding business license taxes. This memorandum serves as a request for a recommendation from the Code& Ordinance Committee as to whether to forward this item to the Board of Supervisors for further consideration. Attachments cc: Kris C. Tierney, County Administrator Jay E. Tibbs, Deputy County Administrator 107 North Kent Street • Winchester, Virginia 22601 97 VIRGINIA ACTS OF ASSEMBLY -- 2020 SESSION CHAPTER 240 An Act to amend and reenact § 58.1-3981 of the Code of Virginia, relating to refunds of local taxes; authority of treasurer. [H 316] Approved March 10,2020 Be it enacted by the General Assembly of Virginia: 1. That § 58.1-3981 of the Code of Virginia is amended and reenacted as follows: § 58.1-3981. Correction by commissioner or other official performing his duties. A. If the commissioner of the revenue, or other official performing the duties imposed on commissioners of the revenue under this title, is satisfied that he has erroneously assessed such applicant with any such tax, he shall correct such assessment. If the assessment exceeds the proper amount, he shall exonerate the applicant from the payment of so much as is erroneously charged if not paid into the treasury of the county or city. If the assessment has been paid, the governing body of the county or city shall, upon the certificate of the commissioner with the consent of the town, city or county attorney, or if none, the attorney for the Commonwealth, that such assessment was erroneous, direct the treasurer of the county, city or town to refund the excess to the taxpayer, with interest if authorized pursuant to § 58.1-3918 or in the ordinance authorized by § 58.1-3916, or as otherwise authorized in that section. However, the governing body of the county, city or town may authorize the treasurer to approve and issue any refund up to $2,500 $5,000 as a result of an erroneous assessment. B. If the assessment is less than the proper amount, the commissioner shall assess such applicant with the proper amount. If any assessment is erroneous because of a mere clerical error or calculation, the same may be corrected as herein provided and with or without petition from the taxpayer. If such error or calculation was made in work performed by others in connection with conducting general assessments, such mistake may be corrected by the commissioner of the revenue. C. If the commissioner of the revenue, or other official performing the duties imposed on commissioners of the revenue under this title, is satisfied that any assessment is erroneous because of a factual error made in work performed by others in connection with conducting general reassessments, he shall correct such assessment as herein provided and with or without petition from the taxpayer. D. An error in the valuation of property subject to the rollback tax imposed under § 58.1-3237 for those years to which such tax is applicable may be corrected within three years of the assessment of the rollback tax. E. A copy of any correction made under this section shall be certified by the commissioner or such other official to the treasurer of his county, city or town. When an unpaid erroneous assessment of real estate is corrected under this section and such real estate has been sold at a delinquent land sale, the commissioner or such other official making such correction shall certify a copy of such correction to the clerk of the circuit court of his county or city; and such clerk shall note such correction in the delinquent land book opposite the entry of the tract or lot for the year or years for which such correction is made. F. In any action on application for correction under § 58.1-3980, if so requested by the applicant, the commissioner or other such official shall state in writing the facts and law supporting the action on such application and mail a copy of such writing to the applicant at his last known address. 98 10/30/2020 Frederick County,VA Ecode360 Frederick County, VA Friday, October 30, 2020 Chapter 155. Taxation Article XXI. Refund of Local Taxes § 155-136. Refunds. Pursuant to the authority granted by § 58.1-3990 of the Code of Virginia 1950, as amended, the Commissioner of the Revenue may authorize a refund on erroneously assessed property designated for local taxation. No refund shall be made in any case when application therefor was made more than three years after the last day of the tax year for which such taxes were assessed. https://www.ecode360.com/print/FR1364?guid=8707468 1/99 f W eras ORDINANCE __' 2021 The Board of Supervisors of Frederick County, Virginia hereby ordains that Sections 155-85 (Proration of tax) of Article XVI (Business License Provisions) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Sections 155-85 (Proration of tax) of Article XVI (Business License Provisions) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, as follows (deletions shown in stFikethF9 ,nh; additions shown in bold underline): CHAPTER 155 Taxation ARTICLE XVI Business License Provisions § 155-85 Proration of tax. A. In the event that a person, firm,, or corporation ceases to engage in a business, trade, profession, occupation, or calling within the County during a year for which the person, firm, or corporation a 'iGense t has already been paid a license tax, or, to the extent that the Commissioner of the Revenue determines that a person, firm, or corporation has incorrectly paid license tax in an amount greater than determined to be actually due, the taxpayer shall be entitled upon application to a refund for that portion of a license tax already paid that corresponds to the excess payment by the person, firm, or corporation, or, in the instance of a person, firm, or corporation that ceases to engage in a business, trade, profession, occupation, or calling within the County, prorated on a monthly basis so as to ensure that the licensed privilege is taxed only for that fraction of the year during which it is exercised within the County. Frederick County may elect to remit any refunds in the ensuing fiscal year and may offset against such refund any amount of past due taxes owed by the same taxpayer. In no event shall the County be required to refund any part of a minimum flat tax or the flat portion of the fee which is not based upon the gross receipts of the taxpayer. B. Licenses issued on a basis other than gross receipts or gross purchases, that is, those assessed a flat license fee, shall not be prorated for any period less than 100 one calendar year, except as provided by the Code of Virginia 1950, as amended, and except as otherwise provided in this article. Enacted this day of , 2021. Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn David D. Stegmaier Judith McCann-Slaughter A COPY ATTEST Kris C. Tierney Frederick County Administrator 2 101 COUNTY OF FREDERICK r Roderick B. Williams County Attorney 540/722-8383 1,8 Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: Code & Ordinance Committee FROM: Roderick B. Williams, County Attorney DATE: December 1, 2020 RE: Ordinance to Require Payment of Real Estate Taxes prior to Issuance of Business License The General Assembly at its 2012 Session passed legislation permitting a locality to require that no business license shall be issued to an applicant therefor until that person has produced satisfactory evidence that all delinquent business license, real estate, personal property, meals, transient occupancy, severance and admissions taxes owed by the business to the locality have been paid which have been properly assessed against the applicant by the locality. See Va. Code § 58.1-3700 (2012 Acts of Assembly cc.304 and 318) (copy attached). The County Code does not presently impose this requirement. See County Code § 155-110. This legislation is similar to the legislation that permits a locality to withhold building permits and other land use approvals until all real estate taxes and other charges constituting a lien on the subject property have been paid. See Va. Code § 15.2-2286(B). In 2018, the Board amended the County Code to impose that requirement. See County Code §§ 52-5 and 143- 195(A). The Treasurer has requested consideration of an amendment to the County Code to include the requirement of payment of delinquent real estate taxes before issuance of a business license to a person who is delinquent in the payment of real estate taxes (copy of request attached). A draft proposed revision to County Code Section 155-110, to add the term "real estate", is attached (the draft also adds the word"business" before"license" for clarity and conformance with the state code). This memorandum serves as a request for a recommendation from the Code& Ordinance Committee as to whether to forward this item to the Board of Supervisors for further consideration. Attachments cc: Kris C. Tierney, County Administrator Jay E. Tibbs, Deputy County Administrator 107 North Kent Street • Winchester, Virginia 22601 102 Code of Virginia Title 58.1. Taxation Chapter 37. License Taxes § 58.1-3700. License requirement; requiring evidence of payment of business license, business personal property, meals and admissions taxes Whenever a license is required by ordinance adopted pursuant to this chapter and whenever the local governing body shall impose a license fee or levy a license tax on any business, employment or profession, it shall be unlawful to engage in such business, employment or profession without first obtaining the required license. The governing body of any county, city or town may require that no business license under this chapter shall be issued until the applicant has produced satisfactory evidence that all delinquent business license, real estate, personal property, meals, transient occupancy, severance and admissions taxes owed by the business to the county, city or town have been paid which have been properly assessed against the applicant by the county, city or town. Any person who engages in a business without obtaining a required local license, or after being refused a license, shall not be relieved of the tax imposed by the ordinance. Code 1950, § 58-239; 1984, c. 675; 1991, c. 267; 1993, cc. 93, 934; 1996, cc. 715, 720;2012, cc. 304 , 318. The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 1 10/30/2020 103 lC� CO COUNTY of FREDERICK Office of Treasurer P.O.Box 225 Winchester,Virginia 22604-0225 540/665-5607 + FAX 540/662-5838 R.Wayne Corbett,MGDT www.fredtax.com Deputy,Treasurer Operations C. William Orndoff,Jr.,MGT Angela Fritts Whitacre,MGDT County Treasurer Deputy Treasurer DATE: May 22, 2020 TO: Roderick Williams. Frederick County Attorney FROM: C.William OrnIaff,Jr r r, Frederick County RE: Code and Ordinanc The Frederick County Treasurer would like to have the Frederick County Code 155-110 amended to conform with the state code of VA 58.1-3700 B. The County states: B. No such license shall be issued until the applicant has produced satisfactory evidence that all delinquent license, personal property,meals, transient occupancy, severance and admissions taxes owed by the applicant to the County have been paid which have been properly assessed against the applicant by the County The state Code states: § 58.1-3700. License requirement; requiring evidence of payment of business license, business personal property, meals and admissions taxes. Whenever a license is required by ordinance adopted pursuant to this chapter and whenever the local governing body shall impose a license fee or levy a license tax on any business, employment or profession, it shall be unlawful to engage in such business, employment or profession without first obtaining the required license. The governing body of any county, city or town may require that no business license under this chapter shall be issued until the applicant has produced satisfactory evidence that all delinquent business license, real estate,personal 107 NORTH KENT STREET • WINCHESTER,VIRGINIA 22601 104 property,meals, transient occupancy, severance and admissions taxes owed by the business to the county, city or town have been paid which have been properly assessed against the applicant by the county, city or town. Any person who engages in a business without obtaining a required local license, or after being refused a license, shall not be relieved of the tax imposed by the ordinance. Code 1950, § 58-239; 1984, c. 675; 1991, c. 267; 1993, cc. 93, 934; 1996, cc. 715, 720; 2012, cc. 304, 318. The addition to the County Code would be the words real estate as highlighted above in the state code. This would allow the Treasurer to withhold a businesss license for the non payment of real estate in that entity's name 105 f W eras ORDINANCE __' 2021 The Board of Supervisors of Frederick County, Virginia hereby ordains that Section 155-110 (Violations and penalties) of Article XVI (Business License Provisions) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia be, and the same hereby is, amended by enacting an amended Section 155-110 (Violations and penalties) of Article XVI (Business License Provisions) of Chapter 155 (Taxation) of the Code of Frederick County, Virginia, as follows (addition shown in bold underline): CHAPTER 155 Taxation ARTICLE XVI Business License Provisions § 155-110 Violations and penalties. A. It shall be unlawful to engage in any business, employment or profession for which a license is required by any of the provisions of this article without first having obtained such license, which shall be punishable by a fine of not more than $2,500 or by a jail sentence of not more than 12 months, or by both such fine and jail sentence. B. No such license shall be issued until the applicant has produced satisfactory evidence that all delinquent business license, real estate, personal property, meals, transient occupancy, severance and admissions taxes owed by the applicant to the County have been paid which have been properly assessed against the applicant by the County. C. Anyone who engages in a business, employment or profession without obtaining a required license, or after being refused the same, shall not be relieved of the tax imposed by the provisions of this article. D. Whenever any person is required by any of the provisions of this article to file a return for tax purposes, it shall be unlawful for such person to willfully fail or refuse to file such return at the time or times required or to make a false statement in such return with intent to defraud, and any violation hereof shall be punishable as provided in § 58.1-3916.1, Code of Virginia. 106 Enacted this day of , 2021. Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn David D. Stegmaier Judith McCann-Slaughter A COPY ATTEST Kris C. Tierney Frederick County Administrator 2 107 r I 173 ORDINANCE January 13, 2021 WHEREAS, in Chapter 56 of the Acts of 2020 Special Session I, approved by the Governor on November 18, 2020, the General Assembly, at Item 477, Section HH thereof, appropriated funds to provide sworn constitutional officers and their staffs, including sheriffs, sheriffs' deputies, regional jail superintendents and corrections officers, whose positions are funded by the Compensation Board, a one-time bonus payment of$500 each on December 1, 2020; and WHEREAS, the Board of Supervisors, on December 9, 2020, enacted an ordinance, pursuant to Virginia Code § 15.2-1508, authorizing the County to pay the foregoing bonuses, to such individuals for whom the Commonwealth provided funding, who were so employed on December 1 , 2020; and WHEREAS, the Board of Supervisors desires that all other individuals who were, as of December 1 , 2020, employed on a full-time basis by the County, or by or as the County's constitutional officers, or by entities for which the County serves as fiscal agent, receive a one-time bonus payment of $500 each-, THEREFORE, be it hereby ordained that the Board of Supervisors authorizes payment of a monetary bonus of $500 each to all individuals who were, as of December 1, 2020, employed on a full-time basis by the County, or by or as the County's constitutional officers, or by entities for which the County serves as fiscal agent, said bonus to be payable on or before March 31 , 2021 , provided, however, that no person who received a bonus pursuant to the Ordinance enacted by the Board of Supervisors on December 9, 2020 shall be eligible for or receive a bonus pursuant to the terms of this Ordinance. Enacted this 13th day of January, 2021. Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn David D. Stegmaier Judith McCann-Slaughter 108 A COPY ATTEST Kris C. Tierney Frederick County Administrator 109 r I 173 ORDINANCE January 13, 2021 WHEREAS, in Chapter 56 of the Acts of 2020 Special Session I, approved by the Governor on November 18, 2020, the General Assembly, at Item 477, Section HH thereof, appropriated funds to provide sworn constitutional officers and their staffs, including sheriffs, sheriffs' deputies, regional jail superintendents and corrections officers, whose positions are funded by the Compensation Board, a one-time bonus payment of$500 each on December 1, 2020; and WHEREAS, the Board of Supervisors, on December 9, 2020, enacted an ordinance, pursuant to Virginia Code § 15.2-1508, authorizing the County to pay the foregoing bonuses, to such individuals for whom the Commonwealth provided funding, who were so employed on December 1 , 2020; and WHEREAS, the Board of Supervisors desires that all other individuals who were, as of December 1 , 2020, employed on a full-time basis by the County, or by or as the County's constitutional officers, or by entities for which the County serves as fiscal agent, and whose positions are classified as Very High exposure risk or High exposure risk, according to 16VAC25-220, Emergency Temporary Standard for Infectious Disease Prevention- SARS-CoV-2 Virus That Causes COVID-19, receive a one-time bonus payment of$500 each-, THEREFORE, be it hereby ordained that the Board of Supervisors authorizes payment of a monetary bonus of $500 each to all individuals who were, as of December 1, 2020, employed on a full-time basis by the County, or by or as the County's constitutional officers, or by entities for which the County serves as fiscal agent, and whose positions are classified as Very High exposure risk or High exposure risk, according to 16VAC25-220, Emergency Temporary Standard for Infectious Disease Prevention- SARS-CoV-2 Virus That Causes COVID-19, said bonus to be payable on or before March 31 , 2021, provided, however, that no person who received a bonus pursuant to the Ordinance enacted by the Board of Supervisors on December 9, 2020 shall be eligible for or receive a bonus pursuant to the terms of this Ordinance. 110 Enacted this 13th day of January, 2021 . Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn David D. Stegmaier Judith McCann-Slaughter A COPY ATTEST Kris C. Tierney Frederick County Administrator 111 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: January 13, 2021 ��Gt• Agenda Section: Planning Commission Business - Public Hearings Title: Ordinance Amendment to the Frederick County Code, Chapter 165 Zoning, Article II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses; Part 204 Additional Regulations for Specific Uses, §165-204.33. Backyard Chickens; Chicken Coops in RP Zoning District. Revision to the Frederick County Zoning Ordinance to Allow Backyard Chickens in the RP (Residential Performance) District. The Ordinance Would Allow Single-Family Detached (SFD) Lots 15,000 Square Feet (SF, or 0.34-Acres) or Greater to Have Up to a Maximum of Six (6) Chickens by Right. This Ordinance Amendment Would Also Apply to Lots of 15,000 SF or Greater in the R4 (Residential Planned Community) and R5 (Residential Recreational Community) Zoning District. Attachments: BOS1-13-21 OABackyardChickens.pdf 112 f COUNTY of FREDERICK Department of Planning and Development ry, 540/665-5651 "S Fax: 540/665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: M. Tyler Klein, AICP, Senior Planner' ' SUBJECT: Ordinance Amendment—Backyard Chickens in RP District DATE: December 18, 2020 This is a request from a private citizen through their Board of Supervisors representative to allow backyard chickens in the RP (Residential Performance)Zoning District. Presently,the keeping of chickens is only allowed in the County's RA (Rural Areas) Zoning District. The proposed amendment would allow single-family detached(SFD)lots 15,000 square feet(SF, or 0.34-acres) or greater to have up to a maximum of six (6) chickens by-right. Roosters, guinea fowl, turkeys and peacocks would be prohibited by this allowance. Additionally, single-family attached lots (townhomes or duplexes),multi-family buildings,and lots less than 15,000 SF would be prohibited from keeping chickens. This amendment would also apply to lots of 15,000 SF or greater in the R4 (Residential Planned Community) and R5 (Residential Recreational Community) Zoning Districts as they also follow the RP District"Allowed Uses" list. The Development Review and Regulations (DRRC) discussed this item on September 24th. The primary discussion among the Committee was the appropriate minimum lot size and maximum number of chickens allowed. The DRRC generally supported a minimum lot size of 15,000 SF and a maximum of six (6) chickens stating that the use was intended for hobbyist/personal use only for eggs and meat and not for commercial sale of eggs or meat. The DRRC also supported the proposed supplemental use regulations for enclosures, storage of chicken feed, disposal of waste, screening from neighbors/roadways and making a formal application to the County prior to establishing the use. The Planning Commission discussed the proposed ordinance amendment at their regular meeting on October 21St. Comments from the Planning Commission were if the proposed $25 application/permit fee should be a one-time fee (as proposed) or a recurring annual fee to cover the County cost for enforcement; and what outreach,if any, should be made directly to homeowner associations about the change in the use that may impact private covenants. The Board of Supervisors discussed the proposed ordinance amendment at their regular meeting on November 12th. The primary topic of discussion by the Board was whether the proposed amendment should expire (or not) after 1-year from adoption. The Board of Supervisors sent the item, as proposed by Staff, forward for public hearing. 113 The Planning Commission held a public hearing on December 17th. One (1) member of the public spoke in support of the proposed ordinance amendment, stating she desired to have chickens on her property for personal/hobby use(eggs). The Planning Commission expressed concern over the number of supplemental use regulations proposed. The Planning Commission recommended denial of the proposed ordinance amendment. The attached document shows the existing ordinance with the proposed changes supported by the DRRC (with bold italic for text added). This proposed amendment is being presented to the Board of Supervisors as a public hearing item. A decision by the Board of Supervisors, on this proposed Zoning Ordinance text amendment is sought. Please contact Staff if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Zoning Ordinance Amendment Cover Letter 3. Resolution MTK/pd 114 Draft Revised 9/25/2020 ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses X165-204.33. Backyard Chickens; Chicken Coops in RP Zoning District Backyard chickens and chicken coops located in the RP Residential Performance District shall meet the following requirements: A. The keeping of chickens (hens) shall be permitted as an accessory to single-family detached residential uses and shall be Permitted for Personal use only. The commercial sale of meat or eggs is prohibited. B. The minimum lot size required for single-family detached residential lots to allow chickens shall be 15,000 square feet(SF) or greater corresponding to Frederick County Tax Records and/or a recorded plat. The maximum number of chickens allowed shall be up to six(6) chickens at any one time. Townhomes, duplexes, multifamily buildings,garden apartments, and single-family detached lots less than 15,000 square feet(SF) are prohibited from keeping backyard chickens and chicken coops. C. The keeping of roosters, turkeys,guinea fowl, and peacocks is prohibited. D. Chicken coops shall be located to the rear of the residential dwelling and shall meet the setbacks and building permit requirements for accessory structures in the RP zoning district contained in X165-402.09(M). Where a residential lot is adiacent to common areas(open space), stormwater management facilities, drainage easements, or streams, chicken coops shall be setback at least 15-feet off the edge of the property lines and in no cases shall be located within the limits of any easement. E. Chicken coops are prohibited to-be-located in the front yard setback. Chickens and coops shall not be visible from any public or private road right-of-way. F. Areas designated for chickens (i.e. coops and pens) shall be completely enclosed to provide Protection from Predators.No free-range chickens are allowed. G. All pens and coops shall be kept clean and sanitary at all times. Pens and coops shall be cleaned on a regular basis to Prevent offensive odor. Chicken waste shall be stored in an enclosed container and properly disposed of by the owner. H. Chicken feed shall be stored in an enclosed container in a garage, shed, or residence to discourage pests and predators. L An application, including a sketch of the property and approximate location of the pen or coop, shall be submitted to and reviewed by the Department of Planning&Development prior to the keeping of chickens.An application fee of,$25 is required for processing. *Note:Private covenants and/or homeowner associations may further restrict the keening of backyard chickens/chicken coons and should be carefully reviewed by the Property owner before making an application to the County. 115 July 24, 2020 County of Frederick Department of Planning and Development 107 North Kent Street Suite 202 Winchester, VA 22601 Dear Mr. Cheran: It has been several years since my initial request to have the ordinance changed in Frederick County RP to allow backyard chickens. Since then both Berryville and Boyce have adopted new changes to their ordinances to allow back yard chickens in residential properties and within city limits. I would like to formally present to the board of supervisors a request to change the current ordinance to allow backyard chickens in the Frederick County area that is currently zoned residential. In the early twentieth century backyard chickens were common across America.They were not just permitted they were encouraged. By the middle of the twentieth century food production had become industrialized.At the same time following WWII,the modern American suburb was born and backyard chickens became less and less. Today, with growing interest in the local food movement and adopting a simpler more sustainable way of life, backyard chickens are back in fashion. The current pandemic situation which has limited access to food and some necessities makes it is even more evident that having our own food available is critical. The benefits of having backyard chickens include but are not limited to: Healthy fresh eggs Great fertilizer for gardening and new plant growth Insect control Educational value Minimize waste by feeding chickens table scraps,avoiding excess waste in our landfills Local self-sustainability food system Revenue to the county Save Heritage breeds Cheap and easy to care for Source of therapy for Autism and elderly with dementia Feeding the hungry Some negative thoughts on backyard chickens include: Purchase of coop can be expensive 1 116 Smell Noise Daily maintenance I would like to purpose that the ordinance be changed to allow backyard chickens in Frederick County residential areas with the following guidelines: No Roosters (limits noise issue) No free-range chickens allowed Clean well-maintained coop (it takes 6 hens to produce the same amount of waste as one domestic dog) Coop and run must be kept at least 15 feet from other properties Fresh water and food available to the chickens always Initial inspection of coop and living conditions for the chickens (Must provide a fenced in run) Chicken owners would take a one-hour class on how to properly care for chickens (Virginia Tech Agriculture program offers classes) No slaughtering of chickens on property Application for a permit with an annual fee of$40 (revenue for the county) If the Board of Supervisors are reluctant to make a final decision regarding this request I would ask for a consideration to approve a PILOT program. A one-year pilot to see if the change would be a positive decision. I request to be the recipient of the pilot. It would allow me to keep my chickens and work with implementing the permit and guidelines outlined in my proposal. I am interested in working with government officials to assist in any way I can so they are not burdened with more work. Please let me know what the next step is in addressing this issue and presenting my case to the board. My contact information: Phone: (540)336-7106 Email: slrr(cDcomcast.net I truly appreciate your attention regarding this matter. Respectfully Submitted, Sherry Riley Resident of Frederick County, VA Opequon District 207 Montgomery Circle Stephens City, VA 22655 2 117 r. .._. i MM is r }i APR P 020 COUNTY of FREDERICK Board of Supervisors 540/665-6382 5401667-0370 Fax Charles S.DeHaven,Jr.—Chairman Robert W.Wells Gene E.Fisher—Vice Chairman Opequon District Shawnee District Blaine P.Dunn Gary A.Lofton Red Bud District Back Creek District Judith McCann-Slaughter Bill M.Ewing Stonewall District Gainesboro District DATE: APRIL 6, 2020 TO: County of Frederick Department of Planning and Development 107 North Kent Street Suite 202 Winchester, Virginia 22601 ATTENTION: Mr. Mark Cheran FROM: Bob Wells, Frederick County Board of Supervisors, Opequon District SUBJECT: "chickens" Frederick County Ordinance 165.101.08 Mr. Cheran: I have recently received an e-mail from Sherry Riley, resident of Frederick County, Opequon District, 207 Montgomery Circle, Stephens City, Virginia 22655 requesting me to notify Planning that she would like to begin the procedure (s) necessary to request that the current ordinance #165.101.08 be changed or amended so that she would be allowed to have chickens at her home located at 207 Montgomery Circle in Stephens City. You may or may not recall but Mrs. Riley was sent a violation notice in 2017 for having chickens. She complied with the notice and had the chickens removed but also presented a written request to have this Ordinance changed so that chickens would be allowed. This request went to planning and to Code and Ordinance and the request was denied. Mrs. Riley is hoping that this time her request will be accepted and implemented. Robert W. Wells, Supervisor, Opequon District 107 North Kent Street 0 Winchester,Virginia 22601 4�GK CO w aarni 173E Action: PLANNING COMMISSION: December 17, 2020 Denied BOARD OF SUPERVISORS January 13, 2021 AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES WHEREAS, an ordinance to amend Chapter 165, Zoning — to allow backyard chickens in the RP (Residential Performance), R4 (Residential Planned Community) and R5 (Residential Recreational Community)Zoning Districts; and WHEREAS, the ordinance amendment would allow up to a maximum of six (6) chickens only on single-family detached lots 15,000 square feet or greater; and WHEREAS, the Planning Commission held a public hearing on this ordinance amendment on December 17, 2020 and recommended denial of the proposed ordinance; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on January 13, 2021; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare and in good zoning practice; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify ARTICLE 11 — Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Use; Part PDRES4 52-20 119 204 Additional Regulations for Specific Uses; §165-204.33. to allow backyard chickens in the RP (Residential Performance), R4 (Residential Planned Community) and R5 (Residential Recreational Community)Zoning Districts Passed this 13th day of January 2021 by the following recorded vote: This resolution was approved by the following recorded vote: Charles S. DeHaven, Jr., Chairman Blaine P. Dunn Shawn L. Graber Judith McCann-Slaughter David D. Stegmaier Robert W. Wells J. Douglas McCarthy A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRES4 52-20 120 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: January 13, 2021 ��Gt• Agenda Section: Planning Commission Business - Public Hearings Title: Ordinance Amendment to the Frederick County Code, Chapter 165 Zoning, Revisions to the Frederick County Zoning Ordinance on Required Changes to the FP (Floodplain Districts) Article VII Overlay Districts; Part 702 FP Floodplain Districts;§165-702.01. Statutory Authorization and Purpose, §165-702.02. Applicability, §165-702.03. Compliance and Liability, §165- 702.04. Records (Relocated from Above), §165-702.05. Abrogation and Greater Restrictions, §165- 702.06. Severability, §165-702.07. Administration, §165-702.08. Jurisdictional Boundary Changes, §165- 702.09. Submitting Model Backed Technical Data, §165-702.10. Letters of Map Revision, §165-702.11. Description of Special Flood Hazard Districts, §165-702.12. Overlay Concept, §165-702.13. Flood Insurance Rate Map, §165-702.14. District Boundary Changes, §165-702.15. Interpretation of District Boundaries, §165-702.16. Permit and Application Requirements, §165-702.17. General Standards, §165-702.18. Elevation and Construction Standards, §165-702.19. Standards for Subdivision Proposals, §165-702.20. Existing Structures in Floodplain Areas, §165-702.21. Factors to be Considered in Granting Variances, §165-702.22. Penalties for Violations;Article I General Provision, Amendments and Conditional Use Permits: Part 101 General Provisions;§165-101.02. Definitions and Word Usage. Revisions to the Frederick County Zoning Ordinance on Required Changes to the FP (Floodplain Districts) to Remain Compliant with the State and Federal Regulations Necessary to Continue Participating in the National Flood Insurance Program (NFIP). Attachments: BOS1-13-20FloodplainOrdinanceAdjustment.pdf 121 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 "58 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: Candice E. Perkins, AICP, CZA, Assistant Director RE: Public Hearing—FP Floodplain District Overlay Amendments Chapter 165—Zoning,Part 702 DATE: December 21, 2020 On January 29, 2021 Frederick County will have updated Flood Insurance Rate Maps (FIRMS) from the Federal Emergency Management Agency (FEMA). Flood Insurance Rate Maps are the official community maps that show special flood hazard areas, and the risk premium zones. Flood mapping is an important part of the National Flood Insurance Program (NFIP), as it is the basis of the NFIP regulations and flood insurance requirements. FEMA's flood mapping program is called Risk Mapping, Assessment, and Planning, or Risk MAP. FEMA maintains and updates data through flood maps and risk assessments. Most homeowner's insurance does not cover flood damage. Flood insurance is a separate policy that can cover buildings, the contents in a building, or both. Flood insurance is available to property owners in Virginia mostly through the NFIP, which is administered through the Federal Emergency Management Agency (FEMA). While community participation in the NFIP is voluntary,NFIP flood insurance policies are available only when the locality actively manages its floodplain by participating in the NFIP. When a community joins the NFIP, the community must ensure that it has adopted a floodplain management ordinance and enforcement procedures that meet NFIP minimums. In return, the federal government makes flood insurance available for residents of that community. As a participating community in the National Flood Insurance Program (NFIP),Frederick County is responsible for making sure that its floodplain management regulations meet or exceed the minimum requirements of the NFIP and the Commonwealth of Virginia. If Frederick County's floodplain ordinance does not meet the minimum requirements, FEMA would not offer flood insurance. When any changes are made or when Flood Insurance Rate Maps(FIRMs)are updated, community floodplain management ordinances also must be revised and updated accordingly. The County's current floodplain ordinance was revised in 2009 and 2014 as directed by the Department of Conservation and Recreation (DCR). In Virginia, the DCR is the manager of the floodplain program and designated coordinating agency of the National Flood Insurance Program 122 FP Floodplain Overlay District Public Hearing—Revisions December 21,2020 Page 2 (NFIP). DCR provides communities with a model ordinance to serve as a starting point when drafting a floodplain ordinance. The state model floodplain ordinance includes minimum requirements for NFIP participation. As Frederick County will have updated Flood Insurance Rate Maps that are effective January 29, 2021, revisions to Chapter 165, Part 702 are required per DCR to meet the minimum regulatory standards required in a fully compliant floodplain ordinance. Staff has prepared revisions to Part 702 of the Frederick County Zoning Ordinance, Floodplain Districts as shown in DCR's Model Ordinance. Primary revisions to the Floodplain Districts are as follows: • Revised -Abrogation and Greater Restrictions 702.05 • New section - Jurisdictional Boundary Changes 702.08 • New section - Letters of Map Revision 702.10 • Revised "Elevation and Construction Standards" 702.18 o New section -Accessory Structures 702.18D o Revised - Standards for Manufactured Homes and Recreational Vehicles 702.18E • Revised - Existing Structures in Floodplain Areas— 702.20 • Revised—Factors to be considered in granting variances —702.21 • New and revised definitions Staff Conclusion: The attached document shows the existing ordinance with the proposed changes (with additions shown in bold underlined italics, deletions in strikethrough). DCR has reviewed the draft ordinance for compliance. The Development Review and Regulations Committee (DRRC) discussed this item on November 23, 2020 and sent the item to the Planning Commission for discussion. The Planning Commission discussed this item on December 2, 2020 and sent the amendment forward to the Board of Supervisors for discussion. The Board of Supervisors discussed this amendment on December 9,2020 and sent the item forward for public hearing. The Planning Commission held a public hearing for this amendment on December 17, 2020 and recommended approval. This item is being presented for public hearing; staff is seeking a decision from the Board of Supervisors on this amendment. Please contact staff if you have any questions. CEP/pd 123 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) ARTICLE VII OVERLAY DISTRICTS Part 702- FP Floodplain Districts § 165-702.01.Statutory Authorization and Purpose. This ordinance is adopted pursuant to the authority granted to localities by Va. Code §15.2-2280 and is designed to provide for safety from flood, to facilitate the provision of flood protection, and to protect against loss of life, health, or property from flood. The purpose of these provisions are to prevent the loss of life and property, the creation of health and safety hazards, 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: A. Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies; B. Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding; C. Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or flood-proofed against flooding and flood damage; and, D. Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards. § 165-702.02. Applicability. These provisions shall apply to all privately and publicly owned lands within the jurisdiction of Frederick County and identified as areas of special flood hazard according to the flood insurance rate map (FIRM) or included in the flood insurance study(FIS)that are that is provided to Frederick County by FEMA. § 165-702.03. Compliance and Liability. A. No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable regulations which apply to uses within the jurisdiction of this chapter. B. The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, but does not imply total flood protection. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that districts outside the floodplain district, or that land uses 1 124 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) permitted within such district, will be free from flooding or flood damages. C. This chapter shall not create liability on the part of Frederick County or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. § 165-702.04. Records(Relocated from above) Records of actions associated with administering this ordinance shall be kept on file and maintained by or under the direction of the Floodplain Administrator in perpetuity § 165-702.05. Abrogation and Greater Restrictions. A. To the extent that the provisions are more restrictive, this ordinance supersedes any ordinance currently in effect in flood-prone districts. To the extent that any other existing law or regulation is more restrictive or does not conflict it shall remain in full force and effect. B. These regulations are not intended to repeal or abrogate any existing ordinances including subdivision regulations, zoning ordinances, or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall govern. § 165-702.06. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this chapter shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this chapter. The remaining portions shall remain in full force and effect;and for this purpose,the provisions of this chapter are hereby declared to be severable. §165-702.07. Administration. A. Designation of the Floodplain Administrator. The Zoning Administrator is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may: (1) Do the work themselves. In the absence of a designated Floodplain Administrator, the duties are conducted by the Frederick County Planning Director. (2) Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees. 2 125 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) (3) Enter into a written agreement or written contract with another locality or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the County of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 C.F.R. Section 59.22. B. Duties and Responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to: (1) Review applications for permits to determine whether proposed activities will be located in the Special Flood Hazard Area (SFHA). (2) Interpret floodplain boundaries and provide available base flood elevation and flood hazard information. (3) Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations. (4) Review applications to determine whether all necessary permits have been obtained from the Federal, State or local agencies from which prior or concurrent approval is required; in particular, permits from state agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the 100-year frequency floodplain of free-flowing non-tidal waters of the State. (5) Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies (VADEQ, US Army Corps of Engineers) and have submitted copies of such notifications to FEMA. subjerA te this W:A4t@#4A_R. �;;re sh&OOR A-.A Weed lAsur.apee Rate Maps ars Geastal Barrier Reseuree (6) Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met or disapprove applications if the provisions of these regulations have not been met. (7) Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with these regulations or to determine if non-compliance has occurred or violations have been committed. 3 126 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) (8) Review Elevation Certificates and require incomplete or deficient certificates to be corrected. (9) Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain FIRMS, including hydrologic and hydraulic engineering analyses prepared by or for Frederick County,within six months after such data and information becomes available if the analyses indicate changes in base flood elevations. (10) Maintain and permanently keep records that are necessary for the administration of these regulations, including: (a) Flood Insurance Studies, Flood Insurance Rate Maps(including historic studies and maps and current effective studies and maps) and Letters of Map Change; and (b) Documentation supporting issuance and denial of permits, Elevation Certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been floodproofed, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations. (11) Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action. (12) Advise the Board of Zoning Appeals regarding the intent of these regulations and, for each application for a variance, prepare a staff report and recommendation. (13)Administer the requirements related to proposed work on existing buildings: (a) Make determinations as to whether buildings and structures that are located in special flood hazard areas and that are damaged by any cause have been substantially damaged. (b) Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate,or reconstruct, and prohibit the non-compliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage. (14) Undertake, as determined appropriate by the Floodplain Administrator due to the circumstances,other actions which may include but are not limited to:issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other Federal, State, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners with documentation necessary to file claims for Increased Cost of Compliance coverage under NFIP flood insurance policies. (15) Notify the Federal Emergency Management Agency when the boundaries of Frederick County have been modified and: 4 127 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) (a) Provide a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and (b) If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall be provided to Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA. (16) Upon the request of FEMA, complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA. (17) It is the duty of the Floodplain Administrator to take into account flood, mudslide and flood- related erosion hazards, to the extent that they are known, in all official actions relating to land management and use throughout the entire jurisdictional area of the County, whether or not those hazards have been specifically delineated geographically (e.g. via mapping or surveying). C. Use and Interpretation of FIRMS. The Floodplain Administrator shall make interpretations,where needed, as to the exact location of special flood hazard areas, floodplain boundaries, and floodway boundaries.The following shall apply to the use and interpretation of FIRMS and data: (1)Where field surveyed topography indicates that adjacent ground elevations: (a)Are below the base flood elevation, even in areas not delineated as a special flood hazard area on the FIRM, the area shall be considered as special flood hazard area and subject to the requirements of these regulations; (b) Are above the base flood elevation and the area is labelled as a SFHA on the FIRM, the area shall be regulated as special flood hazard area, if se iRdi ated- ^^ the C1D"" unless the applicant obtains a Letter of Map Change that removes the area from the SFHA. (2) In FEMA-identified special flood hazard areas where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified SFHAs, any other flood hazard data available from a Federal, State, or other source shall be reviewed and reasonably used. (3) Base flood elevations and designated floodway boundaries on FIRMS and in Flood Insurance Studies shall take precedence over base flood elevations and floodway boundaries by any 5 128 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) other sources if such sources show reduced floodway widths and/or lower base flood elevations. (4) Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMS and in Flood Insurance Studies. (5) If Preliminary Flood Insurance Rate Map and/or a Preliminary Flood Insurance Study has been provided by FEMA: (a) Upon the issuance of a Letter of Final Determination by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations. (b) Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to § 165-702.11C(3). and used where no base flood elevations and/or floodway areas are provided on the effective FIRM. (c) Prior to issuance of a Letter of Final Determination by FEMA,the use of preliminary flood hazard data is permitted where the preliminary base flood elevations or floodway areas exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA. § 165-702.08. Jurisdictional Boundary Changes. A. The County floodplain ordinance in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements for participation in the National Flood Insurance Program. Municipalities with existing floodplain ordinances shall pass a resolution acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to annexation of any area containing identified flood hazards. If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, the governing body shall prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall be provided to Department of Conservation and Recreation(Division of Dam Safety and Floodplain Management)and FEMA. B. In accordance with the Code of Federal Regulations,Title 44, Part 59, Subpart B, Section 59.22 (a) (9) (v), all NFIP participating communities must notify the Federal Insurance Administration EmepgeRey MaRagemeRt AgeHey and optionally the State Coordinating Office V4g44 in writing whenever the boundaries of the County have been modified by annexation or the 6 129 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) County has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. C. In order that all Flood Insurance Rate Maps accurately represent the County's boundaries, a copy of a map of the County suitable for reproduction, clearly delineating the new corporate limits or new area for which the County has assumed or relinquished floodplain management regulatory authority must be included with the notification. § 165-702.09. Submitting Model Backed Technical Data. The County's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available,the County shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data. The County may submit data via a LOMR. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data. § 165-702.10. Letters of Map Revision A. When development in the floodplain will cause or causes a change in the base flood elevation, the applicant, including state agencies, must notify FEMA by applying for a Conditional Letter of Map Revision and then a Letter of Map Revision. Examples may include, but are not limited to: (1) Any development that causes a rise in the base flood elevations within the floodway. (2) Any development occurring in Zones Al-30 and AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation. (3) Alteration or relocation of a stream (including but not limited to installing culverts and bridges)44 Code of Federal Regulations§65.3 and§65.6(a)(12). § 165-702.11. Description of Special Flood Hazard Districts. A. Basis of districts. The various flood hazard districts shall include the Special Flood Hazard Areas. The basis for the delineation of these districts shall be the Flood insurance Study and the Flood Insurance Rate Maps (FIRM) for Frederick County prepared by the Federal Emergency Management Agency, dated January 29, 2021, ar, ameAded and any subsequent revisions or amendments thereto. B. Frederick County may identify and regulate local flood hazard or ponding areas that are not delineated on the FIRM. These areas may be delineated on a "Local Flood Hazard Map"using best available topographic data and locally derived information such as flood of record,historic high-water marks, or approximate study methodologies 7 130 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) C. The boundaries of the Special Flood Hazard Areas are established as shown on the FIRM which is declared to be a part of this article and which shall be kept on file at the Frederick County Department of Planning and Development. (1) The Floodway District is in an AE Zone delineated for purposes of this article using the criteria that certain areas within the floodplain must be capable of carrying the waters of the one percent annual chance flood without increasing the water surface elevation of that flood more than one (1) foot at any point. The areas included in this District are specifically defined in Table X of the above-referenced Flood Insurance Study and shown on the accompanying Flood Insurance Rate Maps. (a) The following provisions shall apply within the Floodway District of an AE zone: (i) Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the County during the occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator. Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies — with Frederick County's endorsement — for a Conditional Letter of Map Revision (CLOMR), and receives the approval of the Federal Emergency Management Agency. If §165-702.11C is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of§ 165-702.16 through § 165-702.20. (ii)The placement of manufactured homes(mobile homes) is prohibited,except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met. (2) The AE, or AH Zones on the FIRM accompanying the FIS shall be those areas for which one-percent annual chance flood elevations have been provided and the floodway has not been delineated. The following provisions shall apply within an AE or AH zone where FEMA has provided base flood elevations: 8 131 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) a. Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as Zones Al-30 and AE or AH on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within Frederick County. b. Development activities in Zones Al-30 and AE or AH, on the Frederick County FIRM which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies—with Frederick County's endorsement—for a Conditional Letter of Map Revision, and receives the approval of the Federal Emergency Management Agency. (3) The A Zone on the FIRM accompanying the FIS shall be those areas for which no detailed flood profiles or elevations are provided, but the one percent annual chance floodplain boundary has been approximated. For these areas, the following provisions shall apply: a) The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one huRdFed (1094- y*_ �percent annual 1094y*_�percentannual chance flood plain boundary has been approximated.Such areas are shown as Zone A on the maps accompanying the FIS. For these areas, the base flood elevations and floodway information from Federal,State,and other acceptable sources shall be used, when available. Where the specific one percent annual chance flood elevation cannot be determined for this area using other sources of data, such as the U. S. Army Corps of Engineers Floodplain Information Reports, U. S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this base flood elevation. For development proposed in the approximate floodplain the applicant must use technical methods that correctly reflect currently accepted PAR detailed terhpie-a' en^ eepts practices, such as point on boundary, high water marks, or detailed methodologies hydrologic and hydraulic analyses. Studies, analyses, computations,etc.,shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator. b) The Floodplain Administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood level no lower than one(1) foot above the base flood elevation. c) During the permitting process, the Floodplain Administrator shall obtain: i. The elevation of the lowest floor (in relation to mean sea level), including the basement, of all new and substantially improved structures; and, ii. If the structure has been flood-proofed in accordance with the requirements of 9 132 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) this article, the elevation (in relation to mean sea level) to which the structure has been flood-proofed. d) Base flood elevation data shall be obtained from other sources or developed using detailed methodologies comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty lots or five acres, whichever is the lesser. (4) The AO Zone on the FIRM accompanying the FIS shall be those areas of shallow flooding identified as AO on the FIRM. For these areas,the following provisions shall apply: a. All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM,above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two feet above the highest adjacent grade. b. All new construction and substantial improvements of non-residential structures shall: 1) Have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade; or, 2) Together with attendant utility and sanitary facilities be completely flood- proofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. c. Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures. § 165-702.12. Overlay Concept.(Moved to be a standalone section) A. The Floodplain Districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Maps, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions. B `^hese the-Fe happeRs to be If there is any conflict between the provisions or requirements of any of the Floodplain Districts and those of any underlying district, those pertaining to the floodplain districts shall apply. 10 133 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) C. In the event that any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provisions shall remain applicable. § 165-702. 13. Flood Insurance Rate Map. The boundaries of the Special Flood Hazard Area and Floodplain Districts are established as shown on the Flood Insurance Rate Map,which are by reference made a part of this chapter and which shall be kept on file at the Frederick County offices. § 165-702.14. District Boundary Changes. The delineation of any of the floodplain districts may be revised by Frederick County where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the United States Army Corps of Engineers or other qualified agency or individual documenting the necessity for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency. A completed LOMR is a record of this approval. § 165-702.15. Interpretation of District Boundaries. Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning Administrator. Should a dispute arise concerning the boundaries of any of the Districts, the Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the District boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires. § 165-702.16. Permit and Application Requirements. A. Permit Requirement. All develepme^+ -,Rd/e. .�+.,,,.+;^. tivit;^s; All uses, activities, and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken only upon the issuance of a permit. Such development aeF ^.stru,.+;^., tivit;^s; shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and regulations, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC), the Frederick County Zoning and Subdivision Ordinances and the Erosion and Sediment Control Ordinance. Prior to the issuance of any such permit, the Zoning Administrator shall require all applications to include compliance with all applicable State and Federal laws. Under no circumstances shall any use, activity, development and/or construction activities adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. 1. In circumstances where a permit is not required, all development and/or construction activities occurring within any floodplain district shall be undertaken only upon approval by the Zoning Administrator. B. Site Plans and Permit Applications. All applications for development within any floodplain district 11 134 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) and all building permits issued for the floodplain shall incorporate the following information: 1. The elevation of the Base Flood at the site. 2. For structures to be elevated,the elevation of the lowest floor (including basement). 3. For structures to be flood-proofed (non-residential only),the elevation to which the structure will be flood-proofed. 4. Topographic information showing existing and proposed ground elevations. § 165-702. 17. General Standards. The following provisions shall apply to all permits: A. New construction and substantial improvements shall be according to the VA USBC,and anchored to prevent flotation, collapse or lateral movement of the structure. B. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces. C. New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. D. New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. E. Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. F. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. G. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. H. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. In addition to provisions A— H above, in all special flood hazard areas, the additional provisions shall apply: 12 135 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) , _ . I. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U. S. Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), other required agencies, and the Federal Emergency Management Agency. J. The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained. § 165-702.18. Elevation and Construction Standards. In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance Study or generated by a certified professional according to §165-702.11C, the following provisions shall apply: A. Residential Construction. New construction or substantial improvement of any residential structure(including manufactured homes)in ZonesAl-30,AE,AH,and A with detailed base flood elevations shall have the lowest floor, including basement, elevated no lower than one (1) foot above the base flood elevation. B. Non-Residential Construction New construction or substantial improvement of any commercial, industrial, or non- residential building (or manufactured home) shall have the lowest floor, including basement, elevated to no lower than one (1)foot above the base flood elevation. 2 96i gs-Ieeated i^ all " ;;Ad "F Non-residential buildings located in all Al-30, AE, and AH zones may be flood-proofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus one foot are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. C. Space Below the Lowest Floor In zones A, AE, AH, AO, and Al-A30, fully enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall: 13 136 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) 1. Not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). 2. Be constructed entirely of flood resistant materials below the regulatory flood protection elevation; 3. Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria: a. Provide a minimum of two openings on different sides of each enclosed area subject to flooding. b. The total net area of all openings must be at least one(1)square inch for each square foot of enclosed area subject to flooding. c. If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit. d. The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade. e. Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions. f. Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above. D. Accessory structures 1. Accessory structures in the SFHA shall comply with the elevation requirements and other requirements of§165-702.188 or, if not elevated or dry floodproofed,shall: a. Not be used for human habitation; b. Be limited to no more than 600 square feet in total floor area; c. Be useable only for parking of vehicles or limited storage; d. Be constructed with flood damage-resistant materials below the base flood elevation; 14 137 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) e. Be constructed and placed to offer the minimum resistance to the flow of floodwaters; f. Be anchored to prevent flotation; g. Have electrical service and mechanical equipment elevated to or above the base flood elevation; h. Shall be provided with flood openings which shall meet the following criteria: i. There shall be a minimum of two flood openings on different sides of each enclosed area; if a building has more than one enclosure below the lowest floor, each such enclosure shall have flood openings on exterior walls. ii. The total net area of all flood openings shall be at least 1 square inch for each square foot of enclosed area (non-engineered flood openings), or the flood openings shall be engineered flood openings that are designed and certified by a licensed professional engineer to automatically allow entry and exit of floodwaters; the certification requirement may be satisfied by an individual certification or an Evaluation Report issued by the ICC Evaluation Service, Inc. W. The bottom of each flood opening shall be 1 foot or less above the higher of the interior floor or grade, or the exterior grade, immediately below the opening. iv. Any louvers, screens or other covers for the flood openings shall allow the automatic flow of floodwaters into and out of the enclosed area. E. Standards for Manufactured Homes and Recreational Vehicles 1. In zones A, AE, AH, and AO, all manufactured homes placed, or substantially improved, on individual lots or parcels, iH expaRsieRs to ^ +;^^ -Ofar-A- red heme p@Fks^ „"divi-sieH, of a#leed, must meet all the requirements for new construction, including the elevation and anchoring requirements in § 165-702.11 through § 165-702.17. A-f ;-4* least eqHivaleRt stpeHgth that ape Ae- less tha A -3-6 height abeve 15 138 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) 2 All recreational vehicles placed on sites must either: d. Be on the site for fewer than 180 consecutive days, be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions); or, e. Meet all the requirements for manufactured homes in § 165-702.18E(1). § 165-702.19. Standards for Subdivision Proposals. A. All subdivision proposals shall be consistent with the need to minimize flood damage; B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. D. In A Zones, Base flood elevation data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a Flood Insurance Study for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty lots or five acres, whichever is the lesser. s1fig;9247. Design Gratarka c,,r utalatapl; and facalatap.- , damages. 16 139 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) all d„r;~rt a flee diRg § 165-702.20. Existing Structures in Floodplain Areas. Aa structure or use of a structure or premises must be brought into conformity with these provisions when it is changed, repaired, or improved unless one of the following exceptions is established before the change is made: A. The floodplain manager has determined that: 1. Change is not a substantial repair or substantial improvement AND 2. No new square footage is being built in the floodplain that is not complaint AND 3. No new square footage is being built in the floodway AND 4. The change complies with this ordinance and the VA USBC AND B. The changes are required to comply with a citation for a health or safety violation. C. The structure is a historic structure and the change required would impair the historic nature of the structure. „f r .,f',,..,-, +„+ti.,yin i icor peFeeHt eF MA-.PP- af it-1; PA@FkP_t V@ll_l.P_ be _,.Ad_P_.#@keH eHly iR f6ill GempliaRee with this ehapte+ 17 140 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) § 165-702.21. Factors to be considered in granting variances. A. Variances shall be issued only upon (i) a showing of good and sufficient cause, (ii) after the Board of Zoning Appeals has determined that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) after the Board of Zoning Appeals has determined that the granting of such variance will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense; and will not (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or ordinances. B. While the granting of variances generally is limited to a lot size less than one-half acre, deviations from that limitation may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. Variances may be issued by the Board of Zoning Appeals for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of this section. C. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of this section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. D. In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of this chapter and consider the following additional factors: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development or activity within any Floodway District that will cause any increase in the ^^^ hupd-Fed YeaF fleed elevatiep one percent(1%)chance flood elevation. 2. The danger that materials may be swept on to 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 importance of the services provided by the proposed facility to the County. 6. The requirements of the facility for a waterfront location. 7. The availability of alternative locations not subject to flooding for the proposed use. 18 141 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) 8. The compatibility of the proposed use with existing development and 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 of access by ordinary and emergency vehicles to the property in time of flood. 11. he expected heights,velocity,duration, rate of rise and sediment transport of the floodwaters expected at the site. 12. des+gR of the—SAP-HEt�re.—The historic nature of a structure. Variances for repair or rehabilitation of historic structures may be granted upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. 13. Such other factors which are relevant to the purposes of this article. 14. No variance shall be granted for an accessory structure exceeding 600 square feet. E. The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to the County Engineer or other qualified personor agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters. F. Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in:z:,,;@Eseptable eF pFehibited ipr4ease5;iR fleed heights,ad-dit+e;al threart-S 'Ar-#6 ITAr_;zat+9ircfthe pHbb ^A-F eeAfTFccv0Fmle ea ces.. (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense;and will not(d)create nuisances, (e)cause fraud or victimization of the public, or(f)conflict with local laws or ordinances. G. Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief. H. The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the ^ e .4-Rd-red- F fleed eleva+;^^ s the one percent(1%)chance flood elevation(a)increases the risks to life and property and(b)will result in increased premium rates for flood insurance. 19 142 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) I. A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator. § 165-702.22. Penalties for Violations. A. Any person who fails to comply with any of the requirements or provisions of this article or directions of the Zoning Administrator or any authorized employee of Frederick County shall be guilty of a misdemeanor and subject to the penalties outlined in §165-101.08 of this Chapter. The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115. B. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue;and all such persons shall be required to corrector remedy such violations or noncompliances within a reasonable time. Any structure constructed, reconstructed,enlarged, altered or relocated in noncompliance with this article may be declared by Frederick County to be a public nuisance and abated as such. Flood insurance may be withheld from structures constructed in violation of this article. ARTICLE I GENERAL PROVISIONS,AMENDMENTS,AND CONDITIONAL USE PERMITS Part 101—General Provisions §165-101.02. Definitions and word usage. APPURTENANT OR ACCESSORY STRUCTURE-A non-residential structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures are not to exceed 600 square feet. BASE FLOOD -The flood having a one percent chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION (BFE)—The water surface elevations of the base flood,that is,the flood level that has a one percent or greater chance of occurrence in any given year. The water surface elevation of the base flood in relation to the datum specified on the County's Flood Insurance Rate Map. For the purposes of this ordinance, the base flood is the 1% annual chance flood. BASEMENT-Any area of the building having its floor sub-grade (below ground level) on all sides. BOARD OF ZONING APPEALS-A Board whose members are appointed by the Circuit Court for the express purpose of considering and acting on variances and zoning appeals. DEVELOPMENT-Any man-made change to improved or unimproved real estate, including but not limited 20 143 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling storage of equipment or materials. ELEVATED BUILDING -A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers). ENCROACHMENT-With respect to a floodplain an encroachment shall be the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. EXISTING CONSTRUCTION - Structures for which the "start of construction" commenced before the effective date of the FIRM or before July 17, 1978 for FIRMS effective before that date. "Existing construction" may also be referred to as "existing structures" and"pre-FIRM." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the County. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD OR FLOODING 1. A general or temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters; or, b. The unusual and rapid accumulation or runoff of surface waters from any source. C. Mudflows which are proximately caused by flooding as defined in paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. 2. The collapse or subsistence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph 1 (a) of this definition. FLOOD INSURANCE RATE MAP (FIRM) — An official map of the County on which the PleedplaiR may-Federal Emergency Management Agency has delineated both the special hazard areas and the risk premium zones applicable to the community.A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map(DFIRM). 21 144 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) FLOOD INSURANCE STUDY (FIS) — A report by FEMA that examines, evaluates and determines A-F4 +;^^ ^ aluati^^ ^^,- deter... ipat;^^ ^F flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards. FLOODPLAIN OR FLOOD-PRONE AREA-Any land area susceptible to being inundated by water from any source. FLOODPROOFING—Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property,water and sanitary facilities, structures and their contents. FLOODWAY - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point within the community. FREEBOARD - A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed. FUNCTIONALLY DEPENDENT USE-A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities,but does not include long-term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE —The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE -Any structure that is: 1. listed individually in the National Register of Historic Places(a listing maintained by the Department of Interior)or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or, 4. individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a. By an approved state program as determined by the Secretary of the Interior; or, b. Directly by the Secretary of the Interior in states without approved programs. HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS—Analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the Virginia Department 22 145 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) of Conservation and Recreation and FEMA, used to determine the base flood, other frequency floods, flood elevations,floodway information and boundaries, and flood profiles. LETTERS OF MAP CHANGE (LOMC) -A Letter of Map Change is an official FEMA determination, by letter, that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: 1. LETTER OF MAP AMENDMENT (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a Land as defined by meets and bounds or structure is not located in a special flood hazard area. 2. LETTER OF MAP REVISION (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A Letter of Map Revision Based on Fill (LOMR-F), is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the County's floodplain management regulations. 3. CONDITIONAL LETTER OF MAP REVISION (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study. LOWEST ADJACENT GRADE- the lowest natural elevation of the ground surface next to the walls of a structure. LOWEST FLOOR - The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided,that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Federal Code 44CFR §60.3. MOBILE OR MANUFACTURED HOME —A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home"also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. 6^ trave' w ede ; eight bedy feet ^ epe v.;i ^F nn bedy feet el MOBILE OR MANUFACTURED HOME PARK OR SUBDIVISION -A parcel (or contiguous parcels) of land or a subdivision divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL—for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 to which base flood elevations shown on a community's FIRM are referenced. 23 146 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) NEW CONSTRUCTION - For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or afterJanuarvx, 2021, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which start of construction commenced on or after the effective date of a floodplain management regulation adopted by the County and includes any subsequent improvements to such structures. MANUFACTURED HOME PARK OR SUBDIVISION -a parcel (or contiguous parcels)of land divided into two or more manufactured home lots for rent or sale. POST-FIRM STRUCTURES -A structure for which construction or substantial improvement occurred on or after January 29, 2021. PRE-FIRM STRUCTURES-A structure for which construction or substantial improvement occurred before January 29, 2021. RECREATIONAL VEHICLE -A vehicle which is: A. Built on a single chassis; B. Four hundred square feet or less when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light-duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping,travel or seasonal use. REPETITIVE LOSS STRUCTURE — A building covered by a contract for flood insurance that has incurred flood-related damages on two occasions d6iFiAg in a 10-year period eRdiRg eR the date of the ,ve.pt f^Y in which the cost of the repair, on the average, equaled or exceeded 25 percent of the market value of the structure at the time of each such flood event, and at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage. SEVERE REPETITIVE LOSS STRUCTURE - a structure that: (a) Is covered under a contract for flood insurance made available under the NFIP,and(b)Has incurred flood related damage-(i)For which 4 or more separate claims payments have been made under flood insurance coverage with the amount of each such claim exceeding$5,000, and with the cumulative amount of such claims payments exceeding $20,000; or(ii) For which at least 2 separate claims payments have been made under such coverage, with the cumulative amount of such claims exceeding the market value of the insured structure. SHALLOW FLOODING AREA—A special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or 24 147 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) sheet flow. SPECIAL FLOOD HAZARD AREA-The land in the floodplain subject to a one(1%) percent or greater chance of being flooded in any given year as determined in §165-702.11. START OF CONSTRUCTION - The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings,the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE—For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. StFurAuF^, {^F *^--,,.^^--^ SUBSTANTIAL DAMAGE- Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50%of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT - Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This te.rmc��s damage F aFdless ^F+"^ arA„^' FepaiF eFk peFfeFThe term does not, however, include either. 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or 2. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. 3. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined above, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer.Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure. 25 148 DRAFT - FP FLOODPLAIN DISTRICT (12/10/20) VIOLATION - For floodplain management purposes, violation includes the failure of a structure or other development to be fully compliant with the County's flood plain management regulations. A structure or other development without the elevation certificate,other certifications,or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. WATERCOURSE-A lake, river,creek,stream,wash,channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. 26 149 Virginia Department of Conservation and Recreation (July 5, 2017 Version) Contents ORDINANCENO. ................................................................................................................. 3 ARTICLE I - GENERAL PROVISIONS....................................................................................... 3 Section 1.1 —Statutory Authorization and Purpose [44 CFR 59.22(a)(2)]................................. 3 Section1.2 —Applicability ......................................................................................................... 4 Section 1.3 - Compliance and Liability ...................................................................................... 4 Section 1.4 —Records [44 CFR 59.22(a)(9)(iii)] ........................................................................4 Section 1.5 -Abrogation and Greater Restrictions [44 CFR 60.1(b)] ........................................4 Section1.6 - Severability............................................................................................................ 5 Section 1.7 -Penalty for Violations [44 CFR 60.2(e)] ............................................................... 5 ARTICLE II - ADMINISTRATION.............................................................................................. 6 Section 2.1 -Designation of the Floodplain Administrator [44 CFR 59.22(b)]......................... 6 Section 2.2 -Duties and Responsibilities of the Floodplain Administrator [44 CFR 60.3] ....... 6 Section 2.3 -Use and Interpretation of FIRMS [44 CFR 60.3]................................................... 8 Section 2.4 -Jurisdictional Boundary Changes [44 CFR 59.22, 65.3]....................................... 9 Section 2.5 -District Boundary Changes.................................................................................. 10 Section 2.6 - Interpretation of District Boundaries................................................................... 10 Section 2.7 — Submitting Model Backed Technical Data [44 CFR 65.3]................................. 10 Section 2.8 —Letters of Map Revision...................................................................................... 10 ARTICLE III - ESTABLISHMENT OF ZONING DISTRICTS................................................. 12 Section 3.1 -Description of Special Flood Hazard Districts [44 CFR 59.1, 60.3]................... 12 Section3.2 - Overlay Concept.................................................................................................. 17 ARTICLE IV - DISTRICT PROVISIONS [44 CFR 59.22, 60.2, 60.3] ...................................... 18 Section 4.1 —Permit and Application Requirements................................................................ 18 Section 4.2 - General Standards................................................................................................ 18 Section 4.3 -Elevation and Construction Standards [44 CFR 60.3] ........................................ 19 Section 4.4 - Standards for Subdivision Proposals................................................................... 23 ARTICLE V—EXISTING STRUCTURES IN FLOODPLAIN AREAS ................................... 24 ARTICLE VI -VARIANCES: FACTORS TO BE CONSIDERED [44 CFR 60.6]................... 25 ARTICLE VII - GLOSSARY [44 CFR 59.1] .............................................................................. 28 ARTICLE VIII—ENACTMENT................................................................................................. 34 2 150 Virginia Department of Conservation and Recreation (July 5, 2017 Version) ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. , THE ZONING ORDINANCE OF {community}VIRGINIA, BY ESTABLISHING FLOODPLAIN DISTRICTS, BY REQUIRING THE ISSUANCE OF PERMITS FOR DEVELOPMENT, AND BY PROVIDING FACTORS AND CONDITIONS FOR VARIANCES TO THE TERMS OF THE ORDINANCES. BE IT ENACTED AND ORDAINED BY THE {community}, Virginia, as follows: ARTICLE I - GENERAL PROVISIONS Section 1.1 —Statutory Authorization and Purpose [44 CFR 59.22(a)(2)1 Va. Code § 15.2-2283 specifies that zoning ordinances shall be for the general purpose of promoting the health, safety, or general welfare of the public and of further accomplishing the objectives of § 15.2-2200 which encourages localities to improve the public health, safety, convenience, and welfare of their citizens. To these ends, flood ordinances shall be designed to provide for safety from flood, to facilitate the provision of flood protection, and to protect against loss of life, health, or property from flood. In accordance with these directed provisions,this ordinance is specifically adopted pursuant to the authority granted to localities by Va. Code § 15.2 - 2280. The purpose of these provisions is to prevent: the loss of life, health, or property, the creation of health and safety hazards, 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: A. Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights,velocities, and frequencies; B. Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding; C. Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or floodproofed against flooding and flood damage; and, D. Protecting individuals from bnymg land and structures which are unsuited for intended purposes because of flood hazards. 3 151 Virginia Department of Conservation and Recreation (July 5, 2017 Version) Section 1.2—Applicability These provisions shall apply to all privately and publicly owned lands within the jurisdiction of {community} and identified as areas of special flood hazard identified by the communityi or shown on the flood insurance rate map (FIRM) or included in the flood insurance study (FIS) that are provided to the {community} by FEMA. Section 1.3 - Compliance and Liability A. No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this ordinance and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this ordinance. B. The degree of flood protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study,but does not imply total flood protection. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes,such as ice j ams and bridge openings restricted by debris. This ordinance does not imply that districts outside the floodplain district or land uses permitted within such district will be free from flooding or flood damages. C. This ordinance shall not create liability on the part of {community} or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. Section 1.4—Records F44 CFR 59.22(a)(9)(iii)] Records of actions associated with administering this ordinance shall be kept on file and maintained by or under the direction of the Floodplain Administrator in perpetuity. Section 1.5 - Abrogation and Greater Restrictions [44 CFR 60.1(b)] To the extent that the provisions are more restrictive, this ordinance supersedes any ordinance currently in effect in flood-prone districts. To the extent that any other existing law or regulation is more restrictive or does not conflict it shall remain in full force and effect. These regulations are not intended to repeal or abrogate any existing ordinances including subdivision regulations, zoning ordinances, or building codes. In the event of a conflict between these regulations and any other ordinance,the more restrictive shall govern. 1 Communities have the authority and are encouraged to regulate areas known to flood that do not appear in the FIRM or FIS. Even if you have not identified areas of flood risk that are not included in FEMA's products you might want to adopt this higher standard to reserve the option to identify and regulate locally known risk areas. 2 This is a requirement to participate in the NFIP and is more restrictive then the Library of Virginia policy. If these records are not available,there is no way to show that a structure was built in compliance with the regulations at the time. Maintaining these records is the only way the community can show that it has been fairly administering the program. 4 152 Virginia Department of Conservation and Recreation (July 5, 2017 Version) Section 1.6 - Severability If any section, subsection,paragraph, sentence,clause,or phrase of this ordinance shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this ordinance. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this ordinance are hereby declared to be severable. Section 1.7 -Penalty for Violations F44 CFR 60.2(e)1 Any person who fails to comply with any of the requirements or provisions of this article or directions of the director of planning or any authorized employee of the {community} shall be guilty of the appropriate violation and subject to the penalties thereof. The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115. Violations and associated penalties of the Zoning Ordinance of {community} are addressed in Section of the Zoning Ordinance. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with,this article shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by the {community} to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article.3 3 If this is not a part of the zoning ordinance specific fines and penalties will need to be adopted instead. 5 153 Virginia Department of Conservation and Recreation (July 5, 2017 Version) ARTICLE II -ADMINISTRATION Section 2.1 -Designation of the Floodplain Administrator [44 CFR 5922(b)] The Floodplain Administrator is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may: A. Do the work themselves. In the absence of a designated Floodplain Administrator, the duties are conducted by the {community} chief executive officer. B. Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees. C. Enter into a written agreement or written contract with another community or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 C.F.R. Section 59.22. Section 2.2 -Duties and Responsibilities of the Floodplain Administrator [44 CFR 60.31 The duties and responsibilities of the Floodplain Administrator shall include but are not limited to: A. Review applications for permits to determine whether proposed activities will be located in the Special Flood Hazard Area(SFHA). B. Interpret floodplain boundaries and provide available base flood elevation and flood hazard information. C. Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations. D. Review applications to determine whether all necessary permits have been obtained from the Federal, State, or local agencies from which prior or concurrent approval is required; in particular, permits from state agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the 100-year frequency floodplain of free-flowing non-tidal waters of the State. E. Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies (VADEQ, USACE), and have submitted copies of such notifications to FEMA. 4 Instead of Floodplain Administrator you can appoint the zoning administrator,town manager or other official who can be specifically identified here.Floodplain administrator does not always have to be a standalone job,but someone has to have the job. 6 154 Virginia Department of Conservation and Recreation (July 5, 2017 Version) F. Advise applicants for new construction or substantial improvement of structures that are located within an area of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act that Federal flood insurance is not available on such structures; areas subject to this limitation are shown on Flood Insurance Rate Maps as Coastal Barrier Resource System Areas (CBRS) or Otherwise Protected Areas (OPA). G. Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met, or disapprove applications if the provisions of these regulations have not been met. H. Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with these regulations or to determine if non-compliance has occurred or violations have been committed. I. Review Elevation Certificates and require incomplete or deficient certificates to be corrected. J. Submit to FEMA,or require applicants to submit to FEMA,data and information necessary to maintain FIRMS, including hydrologic and hydraulic engineering analyses prepared by or for the {community}, within six months after such data and information becomes available if the analyses indicate changes in base flood elevations. K. Maintain and permanently keep records that are necessary for the administration of these regulations, including: 1. Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and maps and current effective studies and maps), and Letters of Map Change; and 2. Documentation supporting issuance and denial of permits, Elevation Certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been floodproofed, inspection records, other required design certifications,variances, and records of enforcement actions taken to correct violations of these regulations. L. Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action. M. Advise the Board of Zoning Appeals regarding the intent of these regulations and, for each application for a variance,prepare a staff report and recommendation. N. Administer the requirements related to proposed work on existing buildings: 1. Make determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged. 2. Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair,rehabilitate,or reconstruct.Prohibit the non-compliant repair of substantially damaged buildings except for temporary emergency protective 7 155 Virginia Department of Conservation and Recreation (July 5, 2017 Version) measures necessary to secure a property or stabilize a building or structure to prevent additional damage. O. Undertake, as determined appropriate by the Floodplain Administrator due to the circumstances, other actions which may include but are not limited to: issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other Federal, State, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners with documentation necessary to file claims for Increased Cost of Compliance coverage under NFIP flood insurance policies. P. Notify the Federal Emergency Management Agency when the corporate boundaries of the {community} have been modified and: 1. Provide a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and 2. If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall be provided to Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA. Q. Upon the request of FEMA, complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA. R. It is the duty of the Community Floodplain Administrator to take into account flood, mudslide and flood-related erosion hazards,to the extent that they are known,in all official actions relating to land management and use throughout the entire jurisdictional area of the Community,whether or not those hazards have been specifically delineated geographically (e.g. via mapping or surveying). Section 2.3 -Use and Interpretation of FIRMS [44 CFR 60.31 The Floodplain Administrator shall make interpretations,where needed, as to the exact location of special flood hazard areas, floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of FIRMs and data: A. Where field surveyed topography indicates that adjacent ground elevations: 1. Are below the base flood elevation in riverine SFHAs, or below the 1% storm surge elevation in coastal SFHAs, even in areas not delineated as a special flood hazard area 8 156 Virginia Department of Conservation and Recreation (July 5, 2017 Version) on a FIRM, the area shall be considered as special flood hazard area and subject to the requirements of these regulations; 2. Are above the base flood elevation and the area is labelled as a SFHA on the FIRM, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the SFHA. B. In FEMA-identified special flood hazard areas where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified SFHAs, any other flood hazard data available from a Federal, State, or other source shall be reviewed and reasonably used. C. Base flood elevations and designated floodway boundaries on FIRMS and in FISs shall take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower base flood elevations. D. Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMs and in FISs. E. If a Preliminary Flood Insurance Rate Map and/or a Preliminary Flood Insurance Study has been provided by FEMA: 1. Upon the issuance of a Letter of Final Determination by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations. 2. Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to Article III, Section 3.1.A3 and used where no base flood elevations and/or floodway areas are provided on the effective FIRM. 3. Prior to issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations or floodway areas exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA. Section 2.4 -Jurisdictional Boundary Changes [44 CFR 59.22, 65.31 The County floodplain ordinance in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements for participation in the National Flood Insurance Program. Municipalities with existing floodplain ordinances shall pass a resolution acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to annexation of any area containing identified flood hazards. If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, the governing body shall prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date 9 157 Virginia Department of Conservation and Recreation (July 5, 2017 Version) of annexation and a copy of the amended regulations shall be provided to Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA. In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section 59.22(a)(9)(v) all NFIP participating communities must notify the Federal Insurance Administration and optionally the State Coordinating Office in writing whenever the boundaries of the community have been modified by annexation or the community has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. In order that all Flood Insurance Rate Maps accurately represent the community's boundaries, a copy of a map of the community suitable for reproduction, clearly delineating the new corporate limits or new area for which the community has assumed or relinquished floodplain management regulatory authority must be included with the notification. Section 2.5 -District Boundary Changes The delineation of any of the Floodplain Districts may be revised by the {community} where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U. S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change.However,prior to any such change, approval must be obtained from the Federal Emergency Management Agency. A completed LOMR is a record of this approval. Section 2.6 - Interpretation of District Boundaries Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning Officer. Should a dispute arise concerning the boundaries of any of the Districts, the Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the District boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires. Section 2.7—Submitting Model Backed Technical Data [44 CFR 65.31 A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data. The community may submit data via a LOMR. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data. Section 2.8 —Letters of Map Revision When development in the floodplain will cause or causes a change in the base flood elevation,the applicant,including state agencies,must notify FEMA by applying for a Conditional Letter of Map Revision and then a Letter of Map Revision. 10 158 Virginia Department of Conservation and Recreation (July 5, 2017 Version) Example cases: • Any development that causes a rise in the base flood elevations within the floodway. • Any development occurring in Zones Al-30 and AE without a designated floodway,which will cause a rise of more than one foot in the base flood elevation. • Alteration or relocation of a stream (including but not limited to installing culverts and bridges) 44 Code of Federal Regulations§65.3 and§65.6(a)(12). 11 159 Virginia Department of Conservation and Recreation (July 5, 2017 Version) ARTICLE III - ESTABLISHMENT OF ZONING DISTRICTS Section 3.1 -Description of Special Flood Hazard Districts [44 CFR 59.1, 60.31 A. Basis of Districts The various special flood hazard districts shall include the SFHAs. The basis for the delineation of these districts shall be the FIS and the FIRM for {community} prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated {insert the effective date of the community's Flood Insurance Rate Map}5, and any subsequent revisions or amendments thereto. The {community} may identify and regulate local flood hazard or ponding areas that are not delineated on the FIRM. These areas may be delineated on a "Local Flood Hazard Map" using best available topographic data and locally derived information such as flood of record, historic high water marks, or approximate study methodologies. The boundaries of the SFHA Districts are established as shown on the FIRM which is declared to be a part of this ordinance and which shall be kept on file at the {community} offices. L The Floodway District is in an AE Zone and is delineated, for purposes of this ordinance, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one percent annual chance flood without increasing the water surface elevation of that flood more than one (1) foot at any point. The areas included in this District are specifically defined in Table of the above-referenced FIS and shown on the accompanying FIRM. The following provisions shall apply within the Floodway District of an AE zone [44 CFR 60.3(d)]: a. Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently- accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator. Development activities which increase the water surface elevation of the base flood may be allowed,provided that the applicant first applies—with the {community's} 5 If preparing an ordinance amendment for adoption of a new FIRM and FIS,the new effective date should be used here, not the initial FIRM date. Every time a community receives a new FIRM, an ordinance amendment must be adopted to update the FIRM's effective date. This amendment must be adopted and approved by FEMA prior to the effective date of the new FIRM to avoid suspension from the NFIP. 12 160 Virginia Department of Conservation and Recreation (July 5, 2017 Version) endorsement— for a Conditional Letter of Map Revision (CLOMR), and receives the approval of the Federal Emergency Management Agency. If Article III, Section 3.1.A.l.a is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 4. b. The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met. 2. The AE, or AH Zones on the FIRM accompanying the FIS shall be those areas for which one-percent annual chance flood elevations have been provided and the floodway has not been delineated. The following provisions shall apply within an AE or AH zone [44 CFR 60.3(c)] where FEMA has provided base flood elevations 6: Until a regulatory floodway is designated, no new construction, substantial improvements, or other development(including fill) shall be permitted within the areas of special flood hazard, designated as Zones Al-30,AE, or AH on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the {community}. Development activities in Zones Al-30, AE, or AH on the {community's} FIRM which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies — with the {community's} endorsement — for a Conditional Letter of Map Revision, and receives the approval of the Federal Emergency Management Agency. 3. The A Zone on the FIRM accompanying the FIS shall be those areas for which no detailed flood profiles or elevations are provided, but the one percent annual chance floodplain boundary has been approximated. For these areas, the following provisions shall apply [44 CFR 60.3(b)]: The Approximated Floodplain District shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one percent annual chance floodplain boundary has been approximated. Such areas are shown as Zone A on the maps accompanying the FIS. For these areas, the base flood elevations and floodway information from Federal, State, and other acceptable sources shall be used, when available. Where the specific one percent annual chance flood elevation cannot be determined for this area using other sources of data, such as the U. S. Army Corps of Engineers Floodplain Information Reports, U. S. Geological Survey Flood-Prone 6 The requirement in 60.3(c)(10)only applies along rivers,streams,and other watercourses where FEMA has provided base flood elevations.The requirement does not apply along lakes,bays and estuaries,and the ocean coast. 13 161 Virginia Department of Conservation and Recreation (July 5, 2017 Version) Quadrangles, etc.,then the applicant for the proposed use, development and/or activity shall determine this base flood elevation. For development proposed in the approximate floodplain the applicant must use technical methods that correctly reflect currently accepted practices, such as point on boundary, high water marks, or detailed methodologies hydrologic and hydraulic analyses. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator. The Floodplain Administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood level plus eighteen (18)inches. During the permitting process, the Floodplain Administrator shall obtain: a. The elevation of the lowest floor (in relation to mean sea level), including the basement, of all new and substantially improved structures; and, b. If the structure has been floodproofed in accordance with the requirements of this article,the elevation (in relation to mean sea level)to which the structure has been floodproofed. Base flood elevation data shall be obtained from other sources or developed using detailed methodologies comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions)that exceed fifty lots or five acres, whichever is the lesser$. 4. The AO Zone on the FIRM accompanying the FIS shall be those areas of shallow flooding identified as AO on the FIRM. For these areas, the following provisions shall apply [44 CFR 60.3(c)]: a. All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two feet above the highest adjacent grade. b. All new construction and substantial improvements of non-residential structures shall (1) Have the lowest floor,including basement,elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the 7 The flood maps anticipate one foot of rise in BFE due to fill in the floodplain,so while building to BFE is all that is required; it will result in flooding if all assumptions made in mapping are correct. Flood insurance rounds up for freeboard so an 18 inch requirement offers the best"bang for the buck"in reducing flood insurance rates and allows for an additional margin of safety in case the models have an error or are based on incomplete data. 8 The recommended standard here is 5 lots instead of 50.Fifty lots is the breakpoint suggested in the federal regulations but the 515 rule is less confusing and captures more commercial development. 14 162 Virginia Department of Conservation and Recreation (July 5, 2017 Version) depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade; or, (2) Together with attendant utility and sanitary facilities be completely floodproofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. c. Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures. 5. The Coastal A Zone9 is labelled as AE on the FIRM; it is those areas that are seaward of the limit of moderate wave action (LiMWA) line. As defined by the VA USBC, these areas are subject to wave heights between 1.5 feet and 3 feet. For these areas,the following provisions shall apply: Buildings and structures within this zone shall have the lowest floor elevated to or above the base flood elevation plus one foot10 of freeboard, and must comply with the provisions in Article III, Section 3.1.A.2 and Article IV, Sections 4.2 and 4.3. 6. The VE or V Zones on FIRMs accompanying the FIS shall be those areas that are known as Coastal High Hazard areas, extending from offshore to the inland limit of a primary frontal dune along an open coast or other areas subject to high velocity waves. For these areas, the following provisions shall apply [44 CFR 60.3(e)]: a. All new construction and substantial improvements in Zones V and VE, including manufactured homes, shall be elevated on pilings or columns so that: (1) The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns)is elevated to or above the base flood level plus eighteen (18) inches." if the lowest horizontal structural member is parallel to the direction of wave approach or elevated at least two feet above the base flood level if the lowest horizontal structural member is perpendicular to the direction of wave approach; and, (2) The pile or column foundation and structure attached thereto is anchored to 9 Instead of having a coastal A zone a community can include this area in the V zone, adopting these standards for Coastal A areas provides a higher degree of protection,reflects the level of surge risk seen in actual events,and helps ensure that buildings built now receive favorable insurance rates if FEMA does change their program requirements to include coastal A limitations. Right now the only provisions effecting this zone are found in the Virginia Building Code and are reflected in the language here. 10 If your community has adopted a higher freeboard(as is recommended)this one foot requirement might need to be changed for consistency with the freeboard required in A or V zones. Consider changing the one foot to 18" of freeboard. it .Flood insurance rounds up for freeboard so an 18 inch requirement offers the best"bang for the buck"in reducing flood insurance rates and allows for an additional margin of safety in case the models have an error or are based on incomplete data. 15 163 Virginia Department of Conservation and Recreation (July 5, 2017 Version) resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components.Wind and water loading values shall each have a one percent chance of being equalled or exceeded in any given year(one-percent annual chance). b. A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of Article 111, Section A.6.a. c. The Floodplain Administrator shall obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in Zones V and VE. The Floodplain Management Administrator shall maintain a record of all such information. d. All new construction shall be located landward of the reach of mean high tide. e. All new construction and substantial improvements shall have the space below the lowest floor either free of obstruction 12 or constructed with non-supporting breakaway walls, open wood-lattice work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this Section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: (1) Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and (2) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one percent chance of being equalled or exceeded in any given year. f. The enclosed space below the lowest floor shall be used solely for parking of vehicles, building access, or storage. Such space shall not be partitioned into multiple rooms,temperature-controlled,or used for human habitation. The enclosed 12 An optional higher standard is to simply require that all areas below the lowest floor be free from obstructions that cannot be seen though. This makes it much easier to be sure that these areas are not converted to living spaces and means that breakaway walls do not need technical inspections. 16 164 Virginia Department of Conservation and Recreation (July 5, 2017 Version) space shall be less than 300 square feet.13 g. The use of fill for structural support of buildings is prohibited. When non-structural fill is proposed in a coastal high hazard area, appropriate engineering analyses shall be conducted to evaluate the impacts of the fill prior to issuance of a permit. h. The man-made alteration of sand dunes, which would increase potential flood damage, is prohibited. 7. The mapped floodplain includes all of the above regions and also the regions designated as having a 0.2 percent annual chance of flooding on any flood map or flood insurance study. In this area no emergency service, medical service, or governmental records storage shall be allowed except by special exception using the variance process.14 Section 3.2 - Overlay Concept The Floodplain Districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions. If there is any conflict between the provisions or requirements of the Floodplain Districts and those of any underlying district,the more restrictive provisions and/or those pertaining to the floodplain districts shall apply. In the event any provision concerning a Floodplain District is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable. 13 Spaces that are 300 square feet or more trigger very high insurance rates,so limiting the size of these spaces to less than 300 square feet is a higher standard that can make the structure more affordable to insure. 14 This limitation on the use of the 0.2 percent floodplain is not required by NFIP regulations but is an accepted standard for critical facilities in emergency management. Critical facilities that are built in mapped floodplain might not be eligible for rebuilding assistance after a disaster,therefore DCR recommends this provision to ensure that any decision made to build in these circumstances is carefully considered. 17 165 Virginia Department of Conservation and Recreation (July 5, 2017 Version) ARTICLE IV-DISTRICT PROVISIONS [44 CFR 59.22, 60.2, 60.3] Section 4.1 —Permit and Application Requirements A. Permit Requirement All uses, activities, and development occurring within any floodplain district,including placement of manufactured homes,shall be undertaken only upon the issuance of a permit. Such development shall be undertaken only in strict compliance with the provisions of this Ordinance and with all other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC) and the {community} Subdivision Regulations. Prior to the issuance of any such permit, the Floodplain Administrator shall require all applications to include compliance with all applicable State and Federal laws and shall review all sites to assure they are reasonably safe from flooding.Under no circumstances shall any use,activity,and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. B. Site Plans and Permit Applications All applications for development within any floodplain district and all permits issued for the floodplain shall incorporate the following information: 1. The elevation of the Base Flood at the site. 2. For structures to be elevated, the elevation of the lowest floor(including basement) or, in V zones, the lowest horizontal structural member. 3. For structures to be floodproofed (non-residential only), the elevation to which the structure will be floodproofed. 4. Topographic information showing existing and proposed ground elevations. Section 4.2 - General Standards The following provisions shall apply to all permits: A. New construction and substantial improvements shall be built according to this ordinance and the VA USBC, and anchored to prevent flotation, collapse, or lateral movement of the structure. B. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include,but are not limited to,use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state anchoring requirements for resisting wind forces. C. New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. D. New construction or substantial improvements shall be constructed by methods and 18 166 Virginia Department of Conservation and Recreation (July 5, 2017 Version) practices that minimize flood damage. E. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. F. New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. G. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. H. On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. In addition to provisions A — H above, in all special flood hazard areas, the additional provisions shall apply: I. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U. S. Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation(Division of Dam Safety and Floodplain Management),other required agencies, and the Federal Emergency Management Agency. J. The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained. Section 4.3 -Elevation and Construction Standards [44 CFR 60.31 In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with Article III, Section 3.1.A.3 the following provisions shall apply: A. Residential Construction New construction or substantial improvement of any residential structure (including manufactured homes) in Zones Al-30, AE, AH, and A with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above the base flood level plus eighteen(]8) inches15. See Article III, Section 3.1.A.5 and Article III, Section 3.1.A.6 for requirements in the Coastal A, VE, and V zones. 15 The flood maps anticipate one foot of rise in BFE due to fill in the floodplain,so while building to BFE is all that is required; it will result in flooding if all assumptions made in mapping are correct. Flood insurance rounds up for freeboard so an 18 inch requirement offers the best"bang for the buck"in reducing flood insurance rates and allows for an additional margin of safety in case the models have an error or are based on incomplete data 19 167 Virginia Department of Conservation and Recreation (July 5, 2017 Version) B. Non-Residential Construction 1. New construction or substantial improvement of any commercial, industrial, or non- residential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above the base flood level plus eighteen (18) inches 16. See Article III, Section 3.1.A.5 and Article III, Section 3.1.A.6 for requirements in the Coastal A,VE, and V zones. 2. Non-residential buildings located in all Al-30,AE, and AH zones may be floodproofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus two feet 17 are water tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by (title of community administrator). C. Space Below the Lowest Floor In zones A, AE, AH, AO, and Al-A30, fully enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall: 1. Not be designed or used for human habitation, but shall be used solely for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator). 2. Be constructed entirely of flood resistant materials below the regulatory flood protection elevation; 3. Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria: a. Provide a minimum of two openings on different sides of each enclosed area subject 16 The flood maps anticipate one foot of rise in BFE due to fill in the floodplain,so while building to BFE is all that is required; it will result in flooding if all assumptions made in mapping are correct. Flood insurance rounds up for freeboard so an 18 inch requirement offers the best"bang for the buck"in reducing flood insurance rates and allows for an additional margin of safety in case the models have an error or are based on incomplete data 17 If your community has adopted the recommended freeboard you might need to change this provision to be consistent or higher than the freeboard otherwise required.Please note that the minimum requirements are BFE plus one foot— two feet of freeboard is the recommended minimum. 20 168 Virginia Department of Conservation and Recreation (July 5, 2017 Version) to flooding. b. The total net area of all openings must be at least one(1)square inch for each square foot of enclosed area subject to flooding. c. If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit. d. The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade. e. Openings may be equipped with screens, louvers, or other opening coverings or devices,provided they permit the automatic flow of floodwaters in both directions. f. Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above. D. Accessory Structures 1. Accessory structures of any size shall be prohibited within the SFHA and no variance shall be granted for accessory structures. OR 2. Accessory structures in the SFHA shall comply with the elevation requirements and other requirements of Article IV, Section 4.3.13 or, if not elevated or dry floodproofed, shall: a. Not be used for human habitation; b. Be limited to no more than 600 squarefeet" in total floor area; c. Be useable only for parking of vehicles or limited storage; d. Be constructed with flood damage-resistant materials below the base flood elevation; e. Be constructed and placed to offer the minimum resistance to the flow of floodwaters; f. Be anchored to prevent flotation; 18 This is the minimum size restriction set by FEMA Region III,but a community could choose a higher standard and limit accessory structures to a size less than 600 square feet.However,a variance could be issued for larger accessory structures,not to exceed 600 square feet. If a smaller size limit is chosen, additional language would be required in Article VI: Variances - see Footnote 23. The chosen size restriction should also be reflected in Article IV, Section 4.3.D.2.b,Article VI,Section M,and Article VIII-Glossary in the definition of"Appurtenant or accessory structure". 21 169 Virginia Department of Conservation and Recreation (July 5, 2017 Version) g. Have electrical service and mechanical equipment elevated to or above the base flood elevation; h. Shall be provided with flood openings which shall meet the following criteria: (1) There shall be a minimum of two flood openings on different sides of each enclosed area;if a building has more than one enclosure below the lowest floor, each such enclosure shall have flood openings on exterior walls. (2) The total net area of all flood openings shall be at least 1 square inch for each square foot of enclosed area (non-engineered flood openings), or the flood openings shall be engineered flood openings that are designed and certified by a licensed professional engineer to automatically allow entry and exit of floodwaters; the certification requirement may be satisfied by an individual certification or an Evaluation Report issued by the ICC Evaluation Service, Inc. (3) The bottom of each flood opening shall be 1 foot or less above the higher of the interior floor or grade, or the exterior grade, immediately below the opening. (4) Any louvers, screens or other covers for the flood openings shall allow the automatic flow of floodwaters into and out of the enclosed area. i. A signed Declaration of Land Restriction (Non-Conversion Agreement) shall be recorded on the property deed.19 E. Standards for Manufactured Homes and Recreational Vehicles 1. In zones A, AE, AH, and AO, all manufactured homes placed, or substantially improved, on individual lots or parcels, must meet all the requirements for new construction,including the elevation and anchoring requirements in Article III, Section 3.1.A.6 and Article IV, Sections 4.2 and 4.3. 2. All recreational vehicles placed on sites must either: a. Be on the site for fewer than 180 consecutive days, be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions); or b. Meet all the requirements for manufactured homes in Article IV, Section 4.3.E.1. 19 A non-conversion agreement is strongly recommended,especially if a variance is being issued for an accessory structure.However,the non-conversion agreement is not a requirement. 22 170 Virginia Department of Conservation and Recreation (July 5, 2017 Version) Section 4.4 - Standards for Subdivision Proposals A. All subdivision proposals shall be consistent with the need to minimize flood damage; B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards, and D. Base flood elevation data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a Flood Insurance Study for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions)that exceed fifty20 lots or five acres, whichever is the lesser. 20 The recommended standard here is 5 lots instead of 50. Fifty lots is the breakpoint suggested in the federal regulations,but the 515 rule is less confusing and captures more commercial development. 23 171 Virginia Department of Conservation and Recreation (July 5, 2017 Version) ARTICLE V—EXISTING STRUCTURES IN FLOODPLAIN AREAS Any structure or use of a structure or premises must be brought into conformity with these provisions when it is changed, repaired, or improved 21 unless one of the following exceptions is established before the change is made: A. The floodplain manager has determined that: 1. Change is not a substantial repair or substantial improvement AND 2. No new square footage is being built in the floodplain that is not complaint AND 3. No new square footage is being built in the floodway AND 4. The change complies with this ordinance and the VA USBC AND 5. The change, when added to all the changes made during a rolling 5-year period does not constitute 50%of the structure's value.22 B. The changes are required to comply with a citation for a health or safety violation. C. The structure is a historic structure and the change required would impair the historic nature of the structure. 21 The assumption that all buildings will be brought in to compliance unless an exception is found is not required by the federal regulations,it is a recommended change for the sake of administrative efficiency and improved compliance. 22 This cumulative change requirement is a recommended higher standard. DCR has found that not having a time period for cumulative change can lead to people trying to split work up to avoid hitting the 50%limit which puts the community in a difficult place with enforcement and increases administrative burdens. 24 172 Virginia Department of Conservation and Recreation (July 5, 2017 Version) ARTICLE VI -VARIANCES: FACTORS TO BE CONSIDERED [44 CFR 60.61 Variances shall be issued only upon(i) a showing of good and sufficient cause, (ii) after the Board of Zoning Appeals has determined that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) after the Board of Zoning Appeals has determined that the granting of such variance will not result in(a)unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense; and will not (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or ordinances. While the granting of variances generally is limited to a lot size less than one-half acre, deviations from that limitation may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. Variances may be issued by the Board of Zoning Appeals for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of this Section. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of this Section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of the zoning ordinance and consider the following additional factors: A. The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any Floodway District that will cause any increase in the one percent(1%) chance flood elevation. B. The danger that materials may be swept on to other lands or downstream to the injury of others. C. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. D. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. E. The importance of the services provided by the proposed facility to the community. F. The requirements of the facility for a waterfront location. G. The availability of alternative locations not subject to flooding for the proposed use. H. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 25 173 Virginia Department of Conservation and Recreation (July 5, 2017 Version) I. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. J. The safety of access by ordinary and emergency vehicles to the property in time of flood. K. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. L. The historic nature of a structure. Variances for repair or rehabilitation of historic structures may be granted upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. M. Variances will not be issued for any accessory structure within the SFHA. (Note: See Article IV, Section 4.3.D.1). OR No variance shall be granted for an accessory structure exceeding 600 square feet. (Note: See Article IV, Section 4.3.D.2).21 N. Such other factors which are relevant to the purposes of this Ordinance. The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters. Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense; and will not (d) create nuisances, (e) cause fraud or victimization of the public, or(f) conflict with local laws or ordinances. Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief. The Board of Zoning Appeals shall notify the applicant for a variance, in writing that the issuance of a variance to construct a structure below the one percent (1%) chance flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance. 23 If a size restriction for accessory structures that is less than 600 square feet is chosen,variances could be issued for structures larger than that size restriction,not to exceed 600 square feet. In this case,additional language is required under Article VI,Section M.Suggested language: "Accessory structures within the SFHA that are greater than {insert size restriction} square feet, do not exceed 600 square feet, and do not meet all requirements for elevating or dry floodproofing, as set out in Article IV,Section 4.3.13,must secure a variance in accordance with the floodplain ordinance before a permit is issued. The structure must comply with accessory structure criteria in Article IV, Section 4.3.D.2. No variance shall be granted for an accessory structure exceeding 600 square feet. (Note:See Article IV, Section 4.3.D.2)." 26 174 Virginia Department of Conservation and Recreation (July 5, 2017 Version) A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances that are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator. 27 175 Virginia Department of Conservation and Recreation (July 5, 2017 Version) ARTICLE VII - GLOSSARY [44 CFR 59.1] A. Appurtenant or accessory structure - A non-residential structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures are not to exceed 600 square feet24. B. Base flood - The flood having a one percent chance of being equalled or exceeded in any given year. C. Base flood elevation-The water surface elevations of the base flood,that is,the flood level that has a one percent or greater chance of occurrence in any given year. The water surface elevation of the base flood in relation to the datum specified on the community's Flood Insurance Rate Map. For the purposes of this ordinance, the base flood is the 1% annual chance flood. D. Basement- Any area of the building having its floor sub-grade (below ground level) on all sides. E. Board of Zoning Appeals - The board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of this ordinance. F. Coastal A Zone -Flood hazard areas that have been delineated as subject to wave heights between 1.5 feet and 3 feet. G. Development - Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, temporary structures, mining, dredging, filling, grading, paving, excavation, drilling or other land-disturbing activities or permanent or temporary storage of equipment or materials. H. Elevated building -A non-basement building built to have the lowest floor elevated above the ground level by means of solid foundation perimeter walls,pilings, or columns (posts and piers). I. Encroachment - The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. J. Existing construction -For the purposes of the insurance program, structures for which the "start of construction"commenced before the effective date of the FIRM or before January 1, 1975 for FIRMS effective before that date. "Existing construction"may also be referred to as "existing structures" and"pre-FIRM." 24 This is the size restriction set by FEMA Region III, but a community could choose a higher standard and limit accessory structures to a size less than 600 square feet. However, a variance could be issued for larger accessory structures,not to exceed 600 square feet. If a smaller size limit is chosen, additional language would be required in Article VI: Variances - see Footnote 23. The chosen size restriction should also be reflected in Article IV, Section 4.3.D.2.b,Article VI,Section M,and Article VIII-Glossary in the definition of"Appurtenant or accessory structure". 28 176 Virginia Department of Conservation and Recreation (July 5, 2017 Version) K. Flood or flooding - 1. A general or temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters; or, b. The unusual and rapid accumulation or runoff of surface waters from any source. c. Mudflows which are proximately caused by flooding as defined in paragraph(1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. 2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph 1 (a) of this definition. L. Flood Insurance Rate Map(FIRM)- an official map of a community, on which the Federal Emergency Management Agency has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM). M. Flood Insurance Study FIS) - a report by FEMA that examines, evaluates and determines flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards. N. Floodplain or flood-prone area - Any land area susceptible to being inundated by water from any source. O. Floodproofing - any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. P. Floodway - The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point within the community. Q. Freeboard-A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action,bridge openings, and the hydrological effect of urbanization in the watershed. R. Functionally dependent use - A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities. 29 177 Virginia Department of Conservation and Recreation (July 5, 2017 Version) S. Highest adjacent grade - the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. T. Historic structure - Any structure that is: I. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or, 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: a. By an approved state program as determined by the Secretary of the Interior; or, b. Directly by the Secretary of the Interior in states without approved programs. U. Hydrologic and Hydraulic Engineering Analysis - Analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the Virginia Department of Conservation and Recreation and FEMA,used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles. V. Letters of Map Change (LOMC) - A Letter of Map Change is an official FEMA determination, by letter, that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: Letter of Map Amendment(LOMA)-An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a land as defined by meets and bounds or structure is not located in a special flood hazard area. Letter of Map Revision (LOMR) - A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features.A Letter of Map Revision Based on Fill (LOMR-F),is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations. Conditional Letter of Map Revision (CLOMR) - A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study. W. Lowest adjacentrg ade-the lowest natural elevation of the ground surface next to the walls of a structure. 30 178 Virginia Department of Conservation and Recreation (July 5, 2017 Version) X. Lowest floor - The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Federal Code 44CFR §60.3. Y. Manufactured home -A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers,travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. Z. Manufactured home park or subdivision - a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. AA. Mean Sea Level — for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 to which base flood elevations shown on a community's FIRM are referenced. BB. New construction - For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after {insert the effective date of the community's initial Flood Insurance Rate Map} [or "after December 31, 1974", choose whichever is later], and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. CC. Post-FIRM structures - A structure for which construction or substantial improvement occurred on or after {insert the effective date of the community's initial Flood Insurance Rate Map} [or "after December 31, 1974", choose whichever is later]. DD. Pre-FIRM structures - A structure for which construction or substantial improvement occurred before {insert the effective date of the community's initial Flood Insurance Rate Map} [or "on or before December 31, 1974", choose whichever is later]. EE. Primary frontal dune - a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. FF. Recreational vehicle -A vehicle which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projection; 3. Designed to be self-propelled or permanently towable by a light duty truck; and, 31 179 Virginia Department of Conservation and Recreation (July 5, 2017 Version) 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use. GG. Repetitive Loss Structure - A building covered by a contract for flood insurance that has incurred flood-related damages on two occasions in a 10-year period, in which the cost of the repair,on the average, equalled or exceeded 25 percent of the market value of the structure at the time of each such flood event; and at the time of the second incidence of flood-related damage,the contract for flood insurance contains increased cost of compliance coverage. HH. Severe repetitive loss structure - a structure that: (a) Is covered under a contract for flood insurance made available under the NFIP; and(b) Has incurred flood related damage - (i)For which 4 or more separate claims payments have been made under flood insurance coverage with the amount of each such claim exceeding$5,000,and with the cumulative amount of such claims payments exceeding$20,000;or(ii)For which at least 2 separate claims payments have been made under such coverage, with the cumulative amount of such claims exceeding the market value of the insured structure. It Shallow flooding area - A special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. JJ. Special flood hazard area - The land in the floodplain subject to a one (1%) percent or greater chance of being flooded in any given year as determined in Article 3, Section 3.1 of this ordinance. KK. Start of construction-For other than new construction and substantial improvement,under the Coastal Barriers Resource Act(P.L. —97-348), means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings,the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.For a substantial improvement,the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. LL. Structure - for floodplain management purposes, a walled and roofed building,including a gas or liquid storage tank,that is principally above ground,as well as a manufactured home. MM. Substantial damage - Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.It also means flood-related 32 180 Virginia Department of Conservation and Recreation (July 5, 2017 Version) damages sustained by a structure on two occasions in a 10 year period, in which the cost of the repair, on the average, equals or exceeds 25 percent of the market value of the structure at the time of each such flood event. NN. Substantial improvement - Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or 2. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. 3. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined above, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure. 00. Violation - the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. PP. Watercourse - A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. 33 181 Virginia Department of Conservation and Recreation (July 5, 2017 Version) ARTICLE VIII—ENACTMENT25 Enacted and ordained this day of 120 This ordinance, number of {community}, Virginia, shall become effective upon passage. Signature Title Attested 25 This section can be customized based upon a community's preferences.The model ordinance contains this section as FEMA requires an ordinance to have signatures from the community, either elected officials or administrators, showing that the ordinance has been officially adopted. FEMA also requires a date of adoption and an ordinance number. 34 182 Virginia Department of Conservation & Recreation—Correspondence Via Email —October 31, 2020 Frederick County Floodplain Ordinance Update Thank you for your patience and cooperation throughout the ordinance updates process. I have completed a review of the draft floodplain ordinance for Frederick County and the following edits are notated on the checklist and ordinance draft: Definitions missing or in need of revision from glossary section (completed) First Identified Flood Hazard Area identified 11/08/1974 (completed) DCR will need your final adopted Floodplain Ordinance by the first week of January 2021 (at the latest), to ensure processing can be completed prior to the effective map date of January 29, 2020. Please use the attached documents for revision guidance and let me know if you have any questions or concerns. Angela Davis, CFM Floodplain Program Planner Division of Dam Safety& Floodplain Mgmt. Virginia Dept. of Conservation & Recreation 600 East Main Street I Richmond VA 23219 804.371.6135 langela.davis@dcr.virginia.gov Via Email -August 25, 2020 *IMPORTANT&TIME SENSITIVE* LETTER OF FINAL DETERMINATION FROM FEMA The previous email contained dates that are one month behind schedule, please disregard those dates. Your true LFD date was 7/29/2020, as outlined by FEMA in the letter sent to the community last month. Your schedule to update the ordinance is as follows: New FIRM effective date:January 29, 2021. In order to ensure there is enough time to complete this process, DCR needs your final draft ordinance no later than October 1, so we can have the review back to you by October 15, giving you time to make any necessary revisions by the end of the month and still have time for a final review of the draft revisions, if needed. This would allow you to notice for your first public hearing in early November, for a meeting in late November/early December, with your second public hearing prior to the end of the year. 183 DCR will need your final, adopted version by the end of December at the latest to have time to review and submit to FEMA. They generally need about 2 weeks to do their review and update their systems to ensure the county is not suspended from the program. At this time, COVID-19 should not impact your ability to hold public hearings. If the stay at home order is extended, we will need to have a discussion about virtual meetings. However, we do not need to worry about this yet as it is not currently a problem. For your reference, please see the State Model Floodplain Ordinance. The language in the state model conforms to ALL of the NFIP minimum requirements, as outlined in 44CFR. In addition to the NFIP minimums, the state model includes higher standards, so please be sure any language taken from the model is applicable and suitable for your locality. If you have any questions or concerns, I am a phone call or email away. Via Email -August 13, 2020 *IMPORTANT&TIME SENSITIVE* LETTER OF FINAL DETERMINATION FROM FEMA After years of data compilation, studies, and community meetings, the latest Flood Insurance Rate Maps (FIRM) have been finalized for your community. Next week, you should be receiving a Letter of Final Determination (LFD) from FEMA regarding the locality's FIRM update and requirements for participating in the National Flood Insurance Program (NFIP). When a community joins the NFIP,they must ensure that their adopted floodplain management ordinance and enforcement procedures meet NFIP requirements. The locality is required to amend their floodplain ordinance to adopt the new maps. DCR must do a review of the updated draft ordinance to confirm it is compliant prior to the county scheduling your public hearing(s) to adopt the amendment. In order to ensure there is enough time to complete this process, DCR needs your final draft ordinance no later than October 15, so we can have the review back to you by the end of the month, giving you time to make any necessary revisions by mid-November and still have time for a final review of the draft revisions, if needed. This would allow you to notice for your first public hearing in late November/early December, for a meeting in December, with your second public hearing in January. DCR will need your final,adopted version by the end of January at the latest to have time to review and submit to FEMA.They generally need about 2 weeks to do their review and update their systems to ensure the county is not suspended from the program. 184 At this time, COVID-19 should not impact your ability to hold public hearings. If the stay at home order is extended, we will need to have a discussion about virtual meetings. However, we do not need to worry about this yet as it is not currently a problem. For your reference, I have attached the State Model Floodplain Ordinance. The language in the state model conforms to ALL of the NFIP minimum requirements, as outlined in 44CFR. In addition to the NFIP minimums, the state model includes higher standards, so please be sure any language taken from the model is applicable and suitable for your locality. If you have any questions or concerns, I am a phone call or email away. Angela Davis, CFM Floodplain Program Planner Division of Dam Safety& Floodplain Mgmt. Virginia Dept. of Conservation & Recreation 600 East Main Street I Richmond VA 23219 804.371.6135 l angela.davisCDdcr.virginia.gov 185 4�GK CO w ORDINANCE AMENDMENT w aarni 173E Action: PLANNING COMMISSION: December 17, 2020 Recommended Approval BOARD OF SUPERVISORS: January 13, 2021 AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE VII OVERLAY DISTRICTS -PART 702—FP FLOODPLAIN DISTRICTS §165-702.01. — STATUTORY AUTHORIZATION AND PURPOSE; §165-702.02. - APPLICABILITY; §165.702.03. COMPLIANCE AND LIABILITY; §165-702.04. RECORDS; §165-702.05. ABROGATION AND GREATER RESTRICTIONS; §165- 702.06. SEVERABILITY; §165-702.07. ADMINISTRATION; §165-702.08 JURISDICTIONAL BOUNDARY CHANGES; §165-702.09. SUBMITTING MODEL BACKED TECHNICAL DATA, §165-702.10. LETTER OF MAP REVISION; §165-702.11 DESCRIPTION OF SPECIAL FLOOD HAZARD DISTRICTS; §165-702.12. OVERLAY CONCEPT; §165-702.13. FLOOD INSURANCE RATE MAP; §165-702.14. DISTRICT BOUNDARY CHANGES; §165-702.15. INTERPRETATION OF DISTRICT BOUNDARIES; §165-702.16. PERMIT AND APPLICATION REQUIREMENTS; §165- 702.17. GENERAL STANDARDS; §165-702.18. ELEVATION AND CONSTRUCTION STANDARDS; §165-702.19. STANDARDS FOR SUBDIVISION PROPOSALS; §165- 702.20. EXISTING STRUCTURES IN FLOODPLAIN AREAS; §165-702.21. FACTORS TO BE CONSIDERED IN GRANTING VARIANCES §165-702.22. PENALTIES FOR VIOLATIONS. ARTICLE I GENERAL PROVISION,AMENDMENTS AND CONDITIONAL USE PERMITS PART 101 — GENERAL PROVISIONS, §165-101.02. DEFINITIONS AND WORD USAGE WHEREAS, On January 29, 2021 Frederick County will have updated Flood Insurance Rate Maps (FIRMs) from the Federal Emergency Management Agency (FEMA). As a participating community in the National Flood Insurance Program (NFIP), Frederick County is responsible for making sure that its floodplain management regulations meet or exceed the minimum requirements of the NFIP and the Commonwealth of Virginia; and WHEREAS; this ordinance amendment would result in changes to Chapter 165, Zoning, Part PDRES#51-20 186 702 —FP Floodplain Districts and Part 101 Definitions to remain compliant with the regulations necessary to continue participating in the National Flood Insurance Program (NFIP); and WHEREAS, The Development Review and Regulation Committee (DRRC) reviewed the proposed changes at their November 23, 2020 meeting; and WHEREAS, the Planning Commission discussed the proposed changes at their regularly scheduled meeting on December 2, 2020 and agreed with the proposed changes; and WHEREAS, the Board of Supervisors discussed the proposed changes at their regularly scheduled meeting on December 9, 2020 and sent the amendment forward for public hearing; and WHEREAS, the Planning Commission held a public hearing on this ordinance amendment on December 17, 2020 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on January 13, 2021; and WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this ordinance to be in the best interest of the public health, safety, welfare and in good zoning practice; and NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 Zoning, is amended to modify OVERLAY DISTRICTS - PART 702 — FP FLOODPLAIN DISTRICTS 165-702.01. — STATUTORY AUTHORIZATION AND PURPOSE; §165-702.02. -APPLICABILITY; §165.702.03. COMPLIANCE AND LIABILITY; §165-702.04. RECORDS; §165-702.05. ABROGATION AND GREATER RESTRICTIONS; §165-702.06. SEVERABILITY; §165-702.07. ADMINISTRATION; §165-702.08 JURISDICTIONAL BOUNDARY CHANGES; §165-702.09. SUBMITTING MODEL BACKED TECHNICAL DATA, §165-702.10. LETTER OF MAP REVISION; §165-702.11 DESCRIPTION OF SPECIAL FLOOD HAZARD DISTRICTS; §165-702.12. OVERLAY CONCEPT; §165-702.13. FLOOD INSURANCE RATE MAP; §165-702.14. DISTRICT BOUNDARY CHANGES; §165-702.15. INTERPRETATION OF DISTRICT BOUNDARIES; §165-702.16. PERMIT AND APPLICATION REQUIREMENTS; §165-702.17. GENERAL STANDARDS; §165-702.18. ELEVATION AND CONSTRUCTION STANDARDS; §165- 702.19. STANDARDS FOR SUBDIVISION PROPOSALS; §165-702.20. EXISTING STRUCTURES IN FLOODPLAIN AREAS; §165-702.21. FACTORS TO BE CONSIDERED IN GRANTING VARIANCES §165-702.22. PENALTIES FOR VIOLATIONS. ARTICLE I GENERAL PROVISION, AMENDMENTS AND CONDITIONAL USE PERMITS PART 101 — GENERAL PROVISIONS, §165-101.02. DEFINITIONS AND WORD USAGE. These amendments to the floodplain overlay district and definitions are necessary to remain compliant with the regulations required to continue participating in the National Flood Insurance Program (NFIP). PDRES#51-20 187 Passed this 13th day of January 2021 by the following recorded vote: Charles S. DeHaven, Jr., Chairman David D. Stegmaier J. Douglas McCarthy Judith McCann-Slaughter Robert W. Wells Blaine P. Dunn Shawn L. Graber A COPY ATTEST Kris C. Tierney, Frederick County Administrator PDRES#51-20 188