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June 9 2021 Board_Agenda_Packet
7 f AGENDA BOARD OF SUPERVISORS WEDNESDAY, JUNE 9, 2021 6:00 PM and 7:00 PM BOARD MEETING ROOM 107 NORTH KENT STREET, WINCHESTER, VIRGINIA 22601 6:00 PM - Closed Session The Board will enter a closed session pursuant to Virginia Code Section 2.2-3711(A)(1) for personnel matters, specifically the annual evaluation of the county attorney. 1 . 7:00 PM - Regular Meeting Call to Order 2. Invocation 3. Pledge of Allegiance 4. Adoption of Agenda 5. Citizen Comments — For agenda items that are not the subject of a Public Hearing 6. Consent Agenda Roll Call Vote Required 6.A. Approval of Minutes of May 26 Joint Work Session of Board of Supervisors and Parks and Recreation Commission BOS06-09-21 MinutesJointWorkSession26May2021.pdf 6.B. Approval of Minutes of May 26 Regular Meeting BOS06-09-21 Minutes26May2021.pdf 6.C. Approval of Minutes of May 27 Closed Session BOS06-09-21 Minutes27May2021.pdf 6.D. Acceptance of Transportation Committee Report of May 24 BOS06-09-21 TransptCommitteeReport24May2021.pdf 1 Board of Supervisors Regular Meeting Agenda Page 2 June 9, 2021 Consent Agenda, continued 6.E. Acceptance of Public Works Committee Report of May 25 BOS06-09-21 PublicWorksCommitteeReport25May2021.pdf 6.F. Request from the Public Works Committee to hold a public hearing on July 14, 2021: Revision to Frederick County Code Chapter 143- Stormwater/Erosion and Sediment Control Ordinance. (See Public Works Committee Report above) 6.G. Request from the Public Works Committee to hold a public hearing on July 14, 2021: Sale of the old Albin Citizen Convenience Center at 174 Indian Hollow Road to the highest bidder-- Winchester Equipment with a bid in the amount of $101 ,750.00. (See Public Works Committee Report above) 6.H. Resolution of Appreciation Honoring Retiring County Administrator Kris C. Tierney BOS06-09-21 Resolution HonoringKrisTierney.pdf 6.1. Resolution Seeking Waiver from Virginia Department of Elections for Split Precincts BOS06-09-21 SplitPrecinctWaiver.pdf 6.J. Resolution authorizing County participation in State Corporation Commission Case PUR-2021-00054, Application of Shenandoah Valley Electric Cooperative for a general increase in electric rates BOS06-09-21 SVEC-RatelncreaseApp.pdf 6.K. Resolution for Addition to Secondary System of State Highways — Constitution Drive BOS06-09-21 Road ResConstitutionDrive.pdf 61. Resolution Approving Modification of Existing EDA Issued Debt — The Village at Orchard Ridge, Inc. BOS06-09-21 ResModificationRevenueBonds-OrchardRidge_Redacted.pdf 2 Board of Supervisors Regular Meeting Agenda Page 3 June 9, 2021 7. Board of Supervisors Comments 8. County Officials 8.A. Presentation of Resolution of Appreciation Honoring Retiring County Administrator Kris C. Tierney 8.13. Committee Appointments Winchester Regional Airport Authority Unexpired 4-year term ending 10-10-2022 See attached application of Carley Walker BOS06-09-21 BoardCommitteeAppts.pdf 9. Committee Business - None 10. Public Hearings (Non Planning Issues).- None 11. Planning Commission Business - Public Hearings-- None 3 Board of Supervisors Regular Meeting Agenda Page 4 June 9, 2021 12. Planning Commission Business - Other Planning Business 12.A. Clarification of Board action from May 26 meeting regarding: Ordinance to Amend the Frederick County Code, Chapter 165 Zoning, Article I General Provisions, Amendments and Conditional Use Permits, Part 101 General Provisions, §165-101.02 Definitions and Word Usage; Article II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 204 Additional Regulations for Specific Uses; Article IV Agricultural and Residential Districts, Part 401 RA Rural Areas District. Revisions to the Frederick County Zoning Ordinance to Add Agricultural Supply Cooperatives as a Conditional Use in the RA (Rural Areas) Zoning District. BOS06-09-21 AgCoopsOrdinance.pdf 13. Board Liaison Reports 14. Citizen Comments 15. Board of Supervisors Comments 16. Adjourn 4 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: June 9, 2021 Agenda Section: 6:00 PM - Closed Session Title: The Board will enter a closed session pursuant to Virginia Code Section 2.2-3711(A)(1) for personnel matters, specifically the annual evaluation of the county attorney. Attachments: 5 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: June 9, 2021 ��GrN Agenda Section: Consent Agenda Title: Approval of Minutes of May 26 Joint Work Session of Board of Supervisors and Parks and Recreation Commission Attachments: BOS06-09-21 MinutesJointWorkSession26May2021.pdf 6 MINUTES FREDERICK COUNTY BOARD OF SUPERVISORS-PARKS & RECREATION COMMISSION JOINT WORK SESSION WEDNESDAY, MAY 26, 2021 5:30 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. Parks & Recreation Commission: Ronald Madagan; Natalie Gerometta; Gary Longerbeam; Dennis Grubbs; Amy Strosnider; and Charles R. Sandy, Jr., were present. Staff Present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County Administrator; Jason Robertson, Director of Parks & Recreation; Jon Turkel, Assistant Director of Parks&Recreation; Stacy Herbaugh, Parks&Recreation-Operations Superintendent;Tony Baker, Parks and Recreation Marketing Manager; Roderick B. Williams, County Attorney; Scott Varner, Director of Information Technology; Wyatt Pearson, Director of Planning & Development; Candice Perkins, Director of Planning & Development; Karen Vacchio, Public Information Officer; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 5:30 p.m. PRESENTATION AND DISCUSSION: PARKS & RECREATION AQUATICS MASTER PLAN AND INDOOR AQUATICS FACILITY Jason Robertson, Stacy Herbaugh, and Jon Turkel gave a presentation reviewing the Parks and Recreation Commission's adopted Aquatics Master Plan and discussed a proposed ballot initiative for a referendum on borrowing to fund an indoor aquatics facility. 7 The Board and the Parks and Recreation Commission discussed the parameters of the proposed referendum and the question of whether other entities such as Shenandoah University would be included as partners in the project. ADJOURN The meeting was adjourned at 6:38 p.m. 8 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: June 9, 2021 ��GrN Agenda Section: Consent Agenda Title: Approval of Minutes of May 26 Regular Meeting Attachments: BOS06-09-21 Minutes26May2021.pdf 9 MINUTES REGULAR MEETING FREDERICK COUNTY BOARD OF SUPERVISORS WEDNESDAY, MAY 26, 2021 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; Wyatt Pearson, Planning Director; Candice Perkins, Assistant Director of Planning; Mark Cheran, Zoning & Subdivision Administrator; Steve Majchrzak, Fire Chief; Joe Wilder, Director of Public Works; Seth Thatcher, Commissioner of the Revenue; Rich Venskoske, Director of Elections/General Registrar; Mike Marciano, Director of Human Resources; Scott Varner, Director of Information Technologies; Mark Showers, Fire Marshal; Clay Corbin, NRADC Superintendent; and Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. INVOCATION Supervisor McCarthy delivered the invocation. PLEDGE OF ALLEGIANCE Vice Chairman Wells led the Pledge of Allegiance. ADOPTION OF AGENDA—APPROVED Regarding acceptance of committee reports on the consent agenda, Supervisor Slaughter requested and received verification from the County Attorney that by approving the consent Frederick County Board of Supervisors Regular Meeting Minutes *Muy 26, 2021 1 10 agenda, the Board was approving only the acceptance of a committee report and not approving any action referenced within a committee report. Upon motion of Supervisor Slaughter, seconded by Supervisor McCarthy,the agenda was adopted on a voice vote. CITIZEN COMMENTS Rhodes Marston, Back Creek District, noted he will not seek reappointment to the Planning Commission and recommended that Betsy Brumback be appointed to his seat. Theo Theologis, Stonewall District, noted his concern about the Old Charlestown Road Park Plan which is referenced in the Parks and Recreation Commission report on the meeting's consent agenda. Kristin Campilango, Stonewall District, asked the Board to review the situation regarding the Old Charlestown Road Park plan adding that she prefers that the area stay wooded. Michelle Fournier, Stonewall District, said when purchasing their homes adjacent to the proposed park, the homeowners were told the area was protected and she asked for more time to review the plan. ADOPTION OF CONSENT AGENDA—APPROVED Supervisor Slaughter moved for adoption of the consent agenda as presented. The motion was seconded by Vice Chairman Wells and carried on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier Aye Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye -Approval of Minutes of Budget Work Session of May 12, 2021 -CONSENT AGENDA APPROVAL -Approval of Minutes of Regular Meeting of May 12, 2021- CONSENT AGENDA APPROVAL -Acceptance of Parks and Recreation Commission Report of May 11, 2021 -CONSENT AGENDA APPROVAL,Appendix 1 -Acceptance of Human Resources Committee Report of May 14, 2021 - CONSENT AGENDA APPROVAL,Appendix 2 Frederick County Board of Supervisors Regular Meeting Minutes *Muy 26, 2021 2 11 -Acceptance of Finance Committee Report of May 19, 2021 -CONSENT AGENDA APPROVAL, Appendix 3 - Request from the Commissioner of the Revenue for Refunds and Supplemental Appropriations: Southland Industries of Virginia—$5,340.24; and Undisclosed Taxpayer—Disabled Veteran's Relief—$8,317.68—CONSENT AGENDA APPROVAL, + + + + + + + + + + + + + + BOARD OF SUPERVISORS COMMENTS Supervisor Graber thanked Mr. Marston for his service on the Planning Commission. Supervisor Dunn noted there is interest in bringing a food store to the former Food Lion store location on Senseny Road at Greenwood Road. Supervisor Slaughter noted that the EDA has instructed Executive Director Patrick Barker to contact grocery stores regarding opportunities in the County. COUNTY OFFICIALS COMMITTEE APPOINTMENTS BETSY BRUMBACK APPOINTED AS BACK CREEK DISTRICT REP. ON PLANNING COMMISSION—APPROVED Supervisor Graber moved to appoint Betsy Brumback as a Back Creek District Representative to the Planning Commission for a four-year term ending June 14, 2025. Supervisor McCarthy seconded the motion which carried on a voice vote. ROGER THOMAS REAPPOINTED AS OPEQUON DISTRICT REP. ON PLANNING COMMISSION—APPROVED Vice Chairman Wells moved to reappoint Roger L. Thomas as an Opequon District Frederick County Board of Supervisors Regular Meeting Minutes *Muy 26, 2021 3 12 Representative to the Planning Commission for a four-year term ending June 14, 2025. Supervisor McCarthy seconded the motion which carried on a voice vote. ALAN L. MORRISON REAPPONTED TO SOCIAL SERVICES BOARD—APPROVED Supervisor McCarthy moved to reappoint Alan L. Morrison as the Gainesboro District Representative on the Social Services Board for a four-year term ending June 30,2025. Supervisor Dunn seconded the motion which carried on a voice vote. J. DOUGLAS MCCARTHY AND CHARLES S. DEHAVEN, JR. -APPOINTED AS LIAISONS TO COMMITTEE REVIEWING VENDORS FOR PROJECT MANAGEMENT SUPPORT OF THE PUBLIC SAFETY RADIO SYSTEM IMPLEMENTATION Chairman DeHaven appointed J. Douglas McCarthy and himself as liaisons to the Committee Reviewing Vendors for Project Management Support of the Public Safety Radio System Implementation. The Board discussed allowing all members to have input during the review process. + + + + + + + + + + + + + + COMMITTEE BUSINESS HUMAN RESOURCES COMMITTEE Vice Chairman Wells moved for approval of the creation of a new job position: County Administration—Maintenance Cost Analyst(Range 8). Supervisor McCarthy seconded the motion which carried on a voice vote. Vice Chairman Wells moved for approval of the creation of a new job position: Northwestern Regional Adult Detention Center — Medical Clinic Administrative Assistant (Range 6). Supervisor McCarthy seconded the motion which carried on a voice vote. FINANCE COMMITTEE Supervisor Slaughter moved for approval of the following: The Treasurer requests a General Fund supplemental appropriation in the amount of$50,000 for the increased cost of DMV Frederick County Board of Supervisors Regular Meeting Minutes *Muy 26, 2021 4 13 registration withholdings; the Sheriff requests a General Fund supplemental appropriation in the amount of $5,027.29 representing an auto insurance claim; the Sheriff requests a General Fund supplemental appropriation not to exceed $9,769.23 representing reimbursements from the DEA; the Sheriff requests a General Fund supplemental appropriation not to exceed $54,840 representing traffic control reimbursements; and the EMS Billing Manager requests an EMS Expense Recovery Fund supplemental appropriation in the amount of $275,000 representing anticipated revenue in excess of budgeted revenue. Vice Chairman Wells 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The Treasurer requests an FY22 General Fund supplemental appropriation not to exceed $49,408 representing a carry forward of unspent FY21 funds for legal fees for real estate tax sales and implementation of the cigarette tax. Supervisor Dunn 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The Clerk of Court requests an FY22 General Fund supplemental appropriation in the amount of$53,886. This amount represents salary and fringes for a Records Clerk. The position has been funded by the VA Compensation Board in the amount of$34,352; however, there is a local cost of$19,533. 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The Director of Elections requests an FY22 General Fund supplemental appropriation not to exceed $3,600. This amount Frederick County Board of Supervisors Regular Meeting Minutes *Muy 26, 2021 5 14 represents a carry forward of unspent FY21 funds to replace the Assistant Registrar. Vice Chairman Wells 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The NRADC Superintendent requests an FY22 Jail Fund supplemental appropriation not to exceed $66,150. This amount represents a carry forward of unspent FY21 funds for the completion of the HVAC control system project. 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The IT Director and the NRADC requests an FY22 Jail Fund supplemental appropriation not to exceed $148,517. This amount represents a carry forward of unspent FY21 funds for the completion of the network upgrade project. 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The IT Director requests a budget transfer in the amount of $10,722 from a personnel line item to cover an unbudgeted expense related to the Sheriff's laptop lease. 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The Parks&Recreation Director Frederick County Board of Supervisors Regular Meeting Minutes *Muy 26, 2021 6 15 requests a General Fund supplemental appropriation in the amount of $20,000. This amount represents proffer funds for the design of the Abrams Creek Trail entrance and parking lot. 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye Supervisor Slaughter moved for approval of the following: The Public Works Director requests an FY22 General Fund supplemental appropriation not to exceed $108,188. This amount represents a carry forward of unspent FY21 funds for the construction of a storage building at the Stephenson Citizen Convenience Site. 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + PUBLIC HEARINGS (NON-PLANNING ISSUES) PROPOSED ORDINANCE—SALARIES OF THE BOARD OF SUPERVISORS (FY 2021-2022) —APPROVED Chairman DeHaven opened the public hearing. Tim Regan, Back Creek District, said the Board members should be paid more and that he was in favor of a salary increase for the Board. Chairman DeHaven closed the public hearing. The Board discussed the matter of Board salaries noting there had been no increase for 20 years. Supervisor Dunn moved that the Board members' annual compensation be the same as their taxes paid on earned income in the previous year. The motion died for the lack of a second. Supervisor Dunn moved that the Board's salaries be increased by $15,000 each and Frederick County Board of Supervisors Regular Meeting Minutes *Muy 26, 2021 7 16 Supervisor McCarthy seconded the motion. Supervisor Stegmaier said the motion was unacceptable coming from Board members who had voted against the county's budget and were now putting the Board ahead of the community. Supervisor Graber said the proposed increase for Board members would be close to what they would be earning if they had received the same cost of living increase as other county employees since 2001. He said the salary increase was deserved. Supervisor Dunn said the last raise for Board members was in 2001 and voting for the increase was the right thing to do. The motion failed on a recorded vote as follows: Blaine P. Dunn Aye David D. Stegmaier No Shawn L. Graber No Robert W. Wells Aye J. Douglas McCarthy Aye Charles S. DeHaven, Jr. No Judith McCann-Slaughter No Supervisor Stegmaier moved to keep Board salaries at the current level. Supervisor Slaughter 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE SALARIES OF BOARD OF SUPERVISORS FISCAL YEAR 2021-2022 BE IT ORDAINED, the annual salary for each member of the Frederick County Board of Supervisors,for fiscal year beginning July 1,2021,shall be as follows:Chairman,$10,800;Vice Chairman, $10,200; and each other member of the Board of Supervisors at$9,000. + + + + + + + + + + + + + + ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 90 FIRE PROTECTION AND PREVENTION, ARTICLE I GENERAL STANDARDS, §90-2 ADMINISTRATION, ENFORCEMENT, AND APPOINTMENT OF FIRE MARSHAL; INTERPRETATION; APPLICABILITY; APPEALS-APPROVED Frederick County Board of Supervisors Regular Meeting Minutes *Muy 26, 2021 8 17 Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Supervisor McCarthy noted his concern about the wording of the statute and suggested the Board contact state representatives to seek clarification of the code about the allocation of police powers to fire marshals. The Board and staff discussed the proposed amendment to the ordinance. Supervisor McCarthy moved for approval of the Ordinance to Amend the Frederick County Code, Chapter 90 Fire Protection and Prevention, Article I General Standards, §90-2 Administration, Enforcement, and Appointment of Fire Marshal; Interpretation; Applicability; Appeals. Vice Chairman Wells 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye ORDINANCE May 26,2021 The Board of Supervisors of Frederick County,Virginia hereby ordains that Section 90-2 (Administration, enforcement, and appointment of Fire Marshal; interpretation; applicability; appeals) of Article I(General Standards)of Chapter 90(Fire Prevention and Protection)of the Code of Frederick County,Virginia be, and the same hereby is, amended as follows(additions are shown in bold underline): ARTICLE I GENERAL STANDARDS §90-2 Administration,enforcement,and appointment of Fire Marshal;interpretation;applicability; appeals. A. There is hereby established in and for the County the position of Fire Marshal,who shall be responsible for the administration and enforcement of this chapter and, in addition, such official shall have the powers outlined in§ 27-98.1 of the Code of Virginia.The Board of Supervisors authorizes the appointment of such Fire Marshal as designated by the System Chief of the Frederick County Department of Fire and Rescue.The investigation into the origin and cause of every fire and explosion occurring within the limits for which he/she is appointed, investigation and prosecution of all offenses involving hazardous materials, fires, fire bombings,bombings, attempts or threats to commit such offenses, false alarms relating to such offenses,possession and manufacture of explosive devices, substances, and fire bombs, and environmental crimes shall be the responsibility of the Fire Marshal and/or a designated representative.The Fire Marshal and his designated representatives)shall have the power to arrest,to procure and serve warrants of arrest,and to issue summonses in the manner authorized by general law in connection with the violation of fire prevention and fire safety laws and related ordinances,all as provided in§27-34.2 of the Code of Virginia.The Fire Marshal and his designated Frederick County Board of Supervisors Regular Meeting Minutes *May 26, 2021 9 18 representatives)shall further have the same police powers as a sheriff,police officer,or law enforcement officer,as provided in§27-34.2:1 of the Code of Virginia. B. The requirements in this chapter shall be administered and enforced by the Frederick County Fire Marshal or a designated representative as referred to as the"Authority Having Jurisdiction." C. Subject to the provisions of Subsection E,the Fire Marshal or a designated representative shall interpret this section,where necessary, and that interpretation shall be binding and final. D. This chapter shall apply to all matters affecting or relating to structures,processes and premises as set forth in Sections 101 and 102 of the FCFPC, except that this chapter shall not apply within the boundaries of any incorporated town in the County that has a duly appointed Fire Code Official. E. Appeals concerning the administration, enforcement, interpretation, and/or application of this chapter by the Fire Marshal or a designated representative shall first lie to the County Board of Building Code Appeals created under§ 52-8 of this Code and then to the State Building Code Technical Review Board.Appeals hereunder to the County Board of Building Code Appeals shall be subject to the payment of the same fees as apply to appeals of matters involving the Virginia Uniform Statewide Building Code.Appeals from the application of the VSFPC by the State Fire Marshal shall be made directly to the State Building Code Technical Review Board as provided in§ 36-108 et seq. of the Code of Virginia(1950, as amended),and as may be subsequently amended. + + + + + + + + + + + + + + PROPOSED AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE COUNTY OF FREDERICK, VIRGINIA AND H&R BLOCK EASTERN ENTERPRISES, INC. - APPROVED Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. Vice Chairman Wells moved for approval of the Proposed Amendment to the Lease Agreement between the County of Frederick, Virginia and H&R Block Eastern Enterprises, Inc. Supervisor Slaughter seconded the motion which carried on a recorded vote as follows: Blaine P. Dunn No David D. Stegmaier Aye Shawn L. Graber No Robert W.Wells Aye J. Douglas McCarthy No Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye + + + + + + + + + + + + + + Frederick County Board of Supervisors Regular Meeting Minutes *May 26, 2021 10 19 PLANNING COMMISSION BUSINESS - PUBLIC HEARINGS ORDINANCE TO AMEND THE FREDERICK COUNTY CODE, CHAPTER 165 ZONING, ARTICLE I GENERAL PROVISIONS, AMENDMENTS AND CONDITIONAL USE PERMITS, PART 101 GENERAL PROVISIONS, §165- 101.02 DEFINITIONS AND WORD USAGE; ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES, PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES; ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS, PART 401 RA RURAL AREAS DISTRICT. —APPROVED** Mark Cheran, Zoning & Subdivision Administrator, reviewed the proposed amendment to the Zoning Ordinance to add "Agricultural Supply Cooperatives" as a conditional use in the RA (Rural Areas) Zoning District. He said Staff had prepared a text amendment for three areas of the Zoning Ordinance to include: 1) a new definition for Agricultural Supply Cooperatives, 2) supplemental use regulations pertaining to this use, and 3) the inclusion of Agricultural Supply Cooperatives as a conditional use in the RA District. Chairman DeHaven opened the public hearing. No one spoke. Chairman DeHaven closed the public hearing. The Board and staff discussed changing the verbiage to allow off-site bulk sales of liquid fuels and prohibiting on-site sales of all liquid fuels except propane which will be permitted. Supervisor McCarthy moved for approval of the Ordinance to Amend the Frederick County Code, Chapter 165 Zoning, Article I General Provisions, Amendments and Conditional Use Permits, Part 101 General Provisions, §165-101.02 Definitions and Word Usage; Article 11 Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 204 Additional Regulations for Specific Uses; Article IV Agricultural and Residential Districts, Part 401 RA Rural Areas District and incorporating the changes in verbiage regarding fuel sales. Supervisor Dunn 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 J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye **Note: This matter will be placed on the Board's regular meeting agenda on June 9, 2021, for clarification of the adopted ordinance language. Frederick County Board of Supervisors Regular Meeting Minutes *Muy 26, 2021 11 20 + + + + + + + + + + + + + + PLANNING COMMISSION BUSINESS - OTHER PLANNING BUSINESS - None BOARD LIAISON REPORTS - None CITIZEN COMMENTS Judith Grant, Stonewall District, said she shared the concerns of her neighbors and is unhappy to learn that the Parks and Recreation Department plans to remove tree behind her home. Miles Adkins, Shawnee District, discussed the ordinance addressing police powers of fire marshals. He encouraged the Board to go to Richmond to share concerns about unchecked powers. BOARD OF SUPERVISORS COMMENTS Supervisor Graber noted that increased powers granted by the Board can be rescinded. Supervisor McCarthy recognized the approaching Memorial Day holiday. Chairman DeHaven noted the Board's closed session scheduled for the following day. ADJOURN On motion of Vice Chairman Wells, seconded by Supervisor McCarthy, the meeting was adjourned at 8:15 p.m. Frederick County Board of Supervisors Regular Meeting Minutes *Muy 26, 2021 12 21 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: June 9, 2021 ��GrN Agenda Section: Consent Agenda Title: Approval of Minutes of May 27 Closed Session Attachments: BOS06-09-21 Minutes27May2021.pdf 22 MINUTES CLOSED SESSION FREDERICK COUNTY BOARD OF SUPERVISORS THURSDAY, MAY 27, 2021 6:00 P.M. FIRST FLOOR CONFERENCE 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; and David D. Stegmaier were present. J. Douglas McCarthy was absent. Staff present: Ann W. Phillips, Deputy Clerk to the Board of Supervisors. CALL TO ORDER Chairman DeHaven called the meeting to order at 6:02 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)(1) for discussion or consideration of prospective candidates for the position of and the terms and conditions of employment of a County Administrator. Supervisor Dunn seconded the motion which carried on a voice vote. At 8:25 p.m., the Board members being assembled within the designated meeting place in 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 Dunn, 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 Dunn 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 Absent Charles S. DeHaven, Jr. Aye Judith McCann-Slaughter Aye 23 ADJOURN There being no further business, the meeting was adjourned at 8:27 p.m. on a motion by Vice Chairman Wells, seconded by Supervisor Graber and carrying on voice vote. 24 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: June 9, 2021 ��GrN Agenda Section: Consent Agenda Title: Acceptance of Transportation Committee Report of May 24 Attachments: BOS06-09-21 TransptCommitteeReport24May2021.pdf 25 TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS Monday, May 24, 2021 8:30 a.m. 107 NORTH KENT STREET, WINCHESTER, VIRGINIA ATTENDEES: Committee Members Present: Judith McCann-Slaughter, Chairman (Voting), James Racey (Voting), Cordell Watt (Voting) and Lewis Boyer(Liaison Stephens City). Committee Members Absent: Charles DeHaven, Jr. (Voting), Gary Oates (Voting) and Shawn L. Graber (Voting). Staff Present: Assistant Director-Transportation John Bishop, and Kathy Smith, Secretary. ITEMS FOR INFORMATION ONLY: 1-Comprehensive Plan Update-Transportation: Staff updated the Committee on the first draft of the text updates to the transportation section of the Comprehensive Plan. A copy of the highlighted changes was reviewed with the Committee. The June meeting Staff will present the Committee with the finalized changes to include a first presentation of map changes to the Comprehensive Plans and Programs Committee (CPPC). 2-County Project Updates: Crossover Boulevard aka Tevis Street Extension/Airport Road/1-81 Bridge:The paving operations at the intersection of Airport/Crossover/Route 522 are completed. Markings will be completed soon followed by the additional signal equipment. Additional paving remains to be completed on the interior portion of Crossover Boulevard as well as markings and signage. Renaissance Drive: The final design plans have been submitted to VDOT. CSX plans are in process as being submitted. Staff will be reviewing the comments and cost estimate. 3-Other: The VDOT Traffic Engineering Division will be meeting this week with the Town of Stephens City Administration to discuss the traffic issues at the intersection of Fairfax Pike and Route 11. Also, Staff discussed the intersection of Hollow Road and Parishville Road that has no traffic control. A stop sign may have been at the intersection at one time. VDOT will be addressing the situation. The Transportation Committee meeting scheduled for Monday, July 26, 2021 has been moved to Monday, August 2, 2021. 26 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: June 9, 2021 ��GrN Agenda Section: Consent Agenda Title: Acceptance of Public Works Committee Report of May 25 Attachments: BOS06-09-21 PublicWorksCommitteeReport25May2021.pdf 27 PUBLIC WORKS COMMITTEE REPORT to the BOARD OF SUPERVISORS Tuesday, May 25, 2021 8:00 a.m. 107 NORTH KENT STREET, SUITE 200, WINCHESTER, VIRGINIA PUBLIC WORKS COMMITTEE ATTENDEES: Committee Members Present: Bob Wells; Gene Fisher; Gary Longerbeam; and Harvey E. "Ed" Strawsnyder,Jr. Committee Members Absent:J. Douglas McCarthy; Whit Wagner Staff and others present:Joe C. Wilder, Director of Public Works; Kris Tierney, County Administrator; Ron Kimble, Landfill Manager; Mike Stewart, Senior Project Manager; Kevin Alderman, Shawneeland Manager; Rod Williams, County Attorney; Billy Orndoff,Treasurer; Wayne Corbett, Deputy Treasurer (Attachment 1)Agenda Packet ITEMS REQUIRING ACTION 1-Discussion/approval of the revision to Frederick County Code Chapter 143- Stormwater/Erosion and Sediment Control Ordinance: In 2014, the Board of Supervisors adopted Frederick County Code Chapter 143 to comply with the Virginia Department of Environmental Quality(DEQ) requirements related to stormwater management. The ordinance was reviewed and approved by DEQ. The ordinance combines two different statues and regulations, erosion and sediment control and stormwater management. In July 2020, DEQ performed a required program review for our erosion and sediment control program. After their review, there were some deficiencies noted related to our ordinance. Since our ordinance combines two different statues, they determined there was parts of our ordinance related to erosion and sediment control that needed updated and changed to comply with state law. Based on these comments, we have updated our ordinance to address these comments. The updated ordinance has been reviewed by DEQ and the county attorney and the final draft is attached in the agenda packet for your review. The Public Works Committee reviewed the ordinance and had no further comments. A motion was made by committee member Strawsnyder to recommend approval. The motion was seconded by committee member Fisher. The committee unanimously approved the revised ordinance. Therefore, the revised ordinance needs to be approved by the Board of Supervisors. Since we are revising the county code, the board must hold a public hearing. We are recommending that this action be brought to the June 9, 2021 Board of Supervisors meeting and be set for a public hearing to take place on the July 14, 2021. The revised ordinance is required to be submitted to DEQ by July 31, 2021. 28 2-Discussion on the sale of the old Albin Citizens Convenience Center: Last year,we opened the relocated Albin Citizen Convenience Center on property we share with the school board located at 174 Indian Hollow Road. We no longer need the property the old site was located on which is about .87 acres. It was recommended by the Public Works Committee to sell the property. We recently issued an Invitation for Bid (IFB)for any interested parties to purchase the land. We received three (3) bids on April 30, 2021 with the highest bid of$101,750.00 by Winchester Equipment. Therefore, committee member Strawsnyder made a motion to accept the high bid in the amount of$101,750.00 and sell the land to Winchester Equipment. The motion was seconded by committee member Fisher and unanimously approved by the committee. This recommendation can now go to the Board of Supervisors for their review and further action. ITEMS FOR INFORMATION ONLY 1-Discussion regarding vehicle stickers for Solid Waste disposal: At the December 1, 2020 meeting the Public Works Committee discussed illegal dumping by out of county users at our citizen convenience centers, especially the Star Tannery site. We discussed video cameras, still cameras,vehicle stickers for county residents just to name a few. At that meeting, it was agreed by committee members that even though there may be a small problem with possible misuse, it is very minimal and not worth major investments for a vehicle sticker program or surveillance cameras. These items would be expensive and still be very difficult to enforce. At the May 12, 2021 Board of Supervisors meeting, Back Creek District Supervisor Shawn Graber brought up the issue again regarding the need to have a way to identify Frederick County residents at the convenience centers. He mentioned incidence where Shenandoah County residents have been using the Star Tannery site. It is very difficult to know what locality someone is from with a Virginia vehicle tag. Mr. Graber requested a review of a potential cost estimate to establish a decal to be placed on Frederick County vehicles. Included in the agenda packet is a memo from the county Treasurer providing an estimate of $153,000 to establish a sticker program. He also indicated an on-going annual cost of$35,000 -$50,000 to update the stickers and to provide stickers to new residents. Supervisor Wells stressed that he also wants to protect the on-site part-time convenience site employees from additional issues with confronting non-county citizens. He emphasized that these part-time employees are not the police and at times, some people can get upset if denied the use of the site. We have to walk a fine line between denying access of site usage and possible confrontations. After further discussion, the committee recommended no further changes to our enforcement of county convenience site usage. In summary, the minor problem that exists is not worth the expensive investment to try to enforce usage from non-county citizens. 29 2-Discussion regarding asphalt paving in Shawneeland: A Shawneeland Sanitary District Advisory Committee (SSDAC) meeting was held on May 3, 2021. The meeting minutes are included in the agenda packet. At that meeting, some members discussed the use of asphalt paving on the roads in lieu of tar and chip (double seal) paving. Almost all paved roads in Shawneeland have a tar and chip paved surface. In order to minimize water from entering the road surface subgrade, double seal paving is a cost-effective method to seal the road surface and minimize road subgrade issues caused by water infiltration. The double seal paving process is used by the Virginia Department of Transportation (VDOT) on most of their rural roads in the Commonwealth. The use of asphalt paving has some benefits such as longer life, smoother surface but the cost of asphalt is at least three times higher. In order to pave with asphalt, the paving company must put down at least 1.5 inches of asphalt and provide shoulder stone. Also,when asphalt pavement is used on roads where double sealed pavement already exists,the intersections where asphalt paving connects must be milled,which adds additional costs. Due to the higher costs of asphalt paving, Shawneeland staff has used double seal pavement in order to maintain the roads for the past 30 years. Therefore, after some additional discussion the committee recommended that staff continue to use double seal paving to maintain the road surface. The Shawneeland District Manager was directed to prepare a one-page document (flyer)to send to the SSDAC deciphering our rationale behind the paving maintenance program. They would like to have the residents of Shawneeland also receive the flyer to ensure they understand our program and direction. 3-Update on Public Works projects: Crossover Boulevard road project is on schedule and on budget to be completed by September 2021. At the Landfill, the Northwestern Adult Detention Center crew have been able to return to the Landfill and provide much needed help picking up blown trash and tire shredding operations. We have begun development of the bottom liner system in our MSW Phase 3, Cell A area. This would allow another 11 acres of Landfill space to be utilized over the next 12-15 years for solid waste disposal. Respectfully submitted, Public Works Committee J. Douglas McCarthy, Chairman Robert W. Wells Gene E. Fisher Gary E. Longerbeam Harvey E. "Ed" Strawsnyder,Jr. Whitney"Whit" L.Wagner 30 By Joe C.Wilder Public Works Director JCW/kco Attachments: as stated cc: Kris Tierney, County Administrator Jay Tibbs, Deputy County Administrator Billy Orndoff,Treasure Wayne Corbett, Deputy Treasurer Ron Kimble, Landfill Manager Gloria Puffinburger, Solid Waste Manager Kevin Alderman, Shawneeland District Manager Rod Williams, County Attorney file 31 Attachment 1 4 COUNTY of FREDERICK w Department of Public Works 540/665-5643 FARC: 540/678-0682 MEMORANDUM TO: Public Works Committee FROM: Joe C. Wilder, Director of Public Works J�U/ SUBJECT: Meeting of May 25, 2021 DATE: May 18, 2021 There will be a meeting of the Public Works Committee on Tuesday, May 25, 2021 at 8:00 a.m. in the conference room located on the second floor of the north end of the County Administration Building at 107 North Kent Street, Suite 200. The agenda thus far is as follows: 1. Discussion regarding vehicle stickers for solid waste disposal. (Attachment 1) 2. Discussion/approval of the revision to county code Chapter 143-Stormwater/Erosion& Sediment Control Ordinance. (Attachment 2) 3. Discussion about asphalt paving in Shawneeland. (Attachment 3) 4. Discussion on the sale of the old Albin Citizen Convenience Center. (Attachment 4) 5. Public Works project updates. 6. Miscellaneous Reports: a. Tonnage Report: Landfill (Attachment 5) b. Recycling Report (Attachment 6) 107 North Kent Street, Second Floor, Suite 200 9 Winchester, Virginia 22601-5000 32 Page 2 Public Works Committee November 27, 2018 C. Animal Shelter Dog Report: (Attachment 7) d. Animal Shelter Cat Report (Attachment 8) e. Shawneeland Sanitary District Advisor Committee quarterly meeting minutes (Attachment 9) JCW/kco Attachments: as stated 107 North Kent Street, Second Floor, Suite 200 9 Winchester, Virginia 22601-5000 33 41� COCOUNTY of FREDERICK Office of Treasurer W 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 TO: Public Work FROM: C. Wi iffam �Ara , r surer DATE: May 12,202 The Treasurer's Office has researched the cost of issuing a decal for the purpose of the dumpster sites. The total cost of administering this program would be approximately$153,000.00. This includes the cost of the decal, envelope,, and postage, based on 100,000 decals issued. Decal cost could be higher pending the type of decal selected. The Virginia State Police have policies as to the placement/size of decals Other factors to be considered are: Owners of Real Estate that do not live in Frederick County Clarke County residents New residents/move ins as an ongoing cost This memo is for information purposes only_ Issuance of the decal is to be determined. 107 NORTH KENT STREET • WINCHESTER.VIRGINIA 22601 34 Draft Stormwater/Erosion and Sediment Control Ordinance Frederick County, Virginia. — Proposed County Code Chapter 143 May 14, 2021 DRAFT VERSION GENERAL REFERENCES Building construction—See Chapter 52 Subdivision of land—See Chapter 144 Sewage disposal and sewars - See Chapter 161 Zoning—See Chapter 165 §143-100 Purpose The Frederick County Board of Supervisors desires to protect the health, safety, welfare, and property of Frederick County residents and businesses, and the quality of waters within the County. The Frederick County Board of Supervisors recognizes that development tends to degrade these waters through erosion and sedimentation, increased flooding, stream channel erosion, and the transport and deposition of waterborne pollutants. This degradation is due, in part, to increased stormwater runoff as property is developed. Hence, as required by § 62.1- 44.15:27 Code of Virginia and in compliance with the Virginia State Water Control Board requirements, the Frederick County Board of Supervisors has determined that it is in the public interest to establish requirements which regulate the discharge of stormwater runoff from developments by integrating hydrologic and water quality functions into all aspects of a development's design, landscape, and infrastructure. A. The purpose of this ordinance is to establish minimum stormwater management and erosion and sediment control requirements which: 1. Reduce flood damage to property; minimize the impacts of increased stormwater runoff from new land development. 2. Maintain the hydraulic adequacy of existing and proposed culverts, bridges, dams, and other structures. 3. Prevent, to the greatest extent feasible, an increase in nonpoint source pollution. 4. Maintain the integrity of stream channels for their biological functions and drainage. 5. Maintain natural drainage patterns to the extent practicable to promote existing hydrologic processes. 6. Promote infiltration of stormwater to recharge groundwater resources. 7. Minimize the impact of development upon stream erosion. 1 35 8. Preserve and protect water supply facilities from increased flood discharges, stream erosion, and nonpoint source pollution. 9. Establish provisions for long-term responsibility for and maintenance of stormwater management control devices and techniques to manage the quality and quantity of stormwater runoff. 10. Provide effective control of soil erosion and sediment deposition and to prevent the unreasonable degradation of properties, stream channels, waters, and other natural resources. B. This ordinance supplements and is to be applied in conjunction with Frederick County building code, subdivision, and zoning ordinances as they apply to the development or subdivision of land within the county. §143-105 Authority A. This chapter is authorized by the Code of Virginia, Title 62.1, Chapter 3.1,Article 2.4 (§ 62.1-44.15.51 et seq.), known as the Virginia Erosion and Sediment Control Law; and Title 62.1 Chapter 3.1, Article 2.3 (§62.1-44.15.24 et seq.), known as the Virginia Stormwater Management Act. B. Pursuant to the Code of Virginia § 62.1-44.15:54, the Frederick County Public Works Department is designated as the Virginia Erosion and Sediment Control Program (VESCP) Authority to operate a Virginia Erosion and Sediment Control Program in Frederick County, Virginia and for the Towns of Middletown and Stephens City in compliance with all required elements hereto. C. Pursuant to the Code of Virginia § 62.1-44.15:27, the Frederick County Public Works Department is designated as a Virginia Stormwater Management Program (VSMP) authority to operate a Virginia Stormwater Management Program in Frederick County, Virginia and for the Towns of Middletown and Stephens City in compliance with all required elements hereto. §143-110 Definitions In addition to the definitions set forth in 9VAC25-870-10 of the Virginia Stormwater Management Program (VSMP)Regulations, 9VAC25-840-10 of the Virginia Erosion and Sediment Control (VESC)Regulations, and 9VAC25-850-10 of the Virginia Erosion and Sediment Control and Stormwater Management Certification (VSMC)Regulations, which are expressly adopted and incorporated herein by reference, the following words and terms used in this chapter have the following meanings for the purposes of this chapter, unless the context clearly indicates otherwise. ADMINISTRATOR 2 36 The Virginia Stormwater Management Program (VSMP) authority and Virginia Erosion and Sediment Control (VESCP) Authority has been designated to the Frederick County Public Works Department responsible for administering the VSMP and VESCP on behalf of Frederick County, Virginia. AGREEMENT IN LIEU OF PLAN A contract between the VESCP authority and the owner that specifies conservation measures that must be implemented in the construction of a single-family residence. This contract may be executed by the VESCP authority in lieu of a formal site plan for the residence. AGREEMENT IN LIEU OF STORMWATER MANAGEMENT PLAN A contract between the VSMP authority and the owner or permittee that specifies methods that shall be implemented to comply with the requirements of a VSMP for the construction of a single-family residence; such contract may be executed by the VSMP authority in lieu of a stormwater plan. APPLICANT Any person applying for a land disturbance permit and/or a stormwater permit or any person submitting an erosion and sediment control plan for approval or any person submitting a stormwater management plan for approval. BEST MANAGEMENT PRACTICE or BMP Schedules of activities,prohibitions of practices, including both structural and nonstructural practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land-disturbing activities. BEST MANAGEMENT PRACTICE IMPLEMENTATION PLAN or BMP IMPLENTATION PLAN Is a site-specific design plan for the implementation of BMPs on an individual single- family lot or other parcel with less than one acre of land disturbance within a larger common plan of development. The BMP Implementation Plan provides detailed information on the implementation of the SWM pollutant load and volume reduction BMP and other requirements for the individual lot or parcel as detailed in the SWPPP and SWM plans of the VSMP Permit for the larger common plan of development. BOARD The Virginia State Water Control Board. CERTIFICATE OF COMPETENCE A certificate of competence, issued to an individual from the Board, or successful completion,within one year after enrollment, of the Board's training program for: A. Project inspection for ESC; 3 37 B. Project inspection for SWM; C. Plan review for ESC, or is licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia; D. Plan review for SWM; E. Program administration for ESC; F. Administration for SWM; Responsible land disturber, or is licensed as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Article 1 (§ 54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia. CHANNEL A natural or man-made waterway. CLEAN WATER ACT OR CWA The federal Clean Water Act(33 USC §1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217,Public Law 95-576,Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto. CLEARING Any activity which removes vegetative ground cover including, but not limited to,root material removal or top-soil removal. COMMENCEMENT OF LAND DISTURBANCE The initial disturbance of soils associated with clearing, grading, or excavating activities or other construction activities (e.g., stockpiling of soil fill material). COMMON PLAN OF DEVELOPMENT The contiguous area of a proposed residential, commercial, or industrial subdivision where the timing of the development of any one or multiple lots or parcels may result in separate and distinct construction activities taking place at different times on different schedules. CONTROL MEASURE Any best management practice or stormwater facility other method used to prevent or reduce the discharge of pollutants to surface waters. COUNTY County of Frederick, Virginia. DEPARTMENT 4 38 The Department of Environmental Quality. DESIGN STORM For purposes of addressing quantity control provisions of§143-165 means the one-year, two-year, 10-year, 24-hour design storms as defined in §143-145.E. The design storm for purposes of complying with the water quality provisions of§143-165.0 is the one-inch rainfall depth as applied with the"Virginia Runoff Reduction Method" DEVELOPMENT Either or both of the following: A. Land disturbance and the resulting landform associated with the construction of residential, commercial, industrial, institutional, recreation, transportation or utility facilities or structures or the clearing of land for non-agricultural or non- silvicultural purposes. B. A tract or parcel of land developed or to be developed as a single unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more residential dwelling units. DIRECTOR The Director of Frederick County Public Works or assigned designee. DRAINAGE AREA A land area,water area, or both from which runoff flows to a common point. EROSION AND SEDIMENT CONTROL (ESC) PLAN OR PLAN A document containing material for the conservation of soil and water resources of a unit or group of units of land. It may include appropriate maps, an appropriate soil and water plan inventory and management information with needed interpretations, and a record of decisions contributing to conservation treatment. The plan shall contain all major conservation decisions to ensure that the entire unit or units of land will be so treated to achieve the conservation objectives. EROSION CONROL HANDBOOK The Virginia Erosion and Sediment Control handbook and/or a locally adopted erosion and sediment control handbook with such amendments, modifications and supplements as may, from time to time, be properly adopted. EROSION IMPACT AREA An area of land not associated with current activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of 10,000 square feet or less used for residential purposes or to shorelines where the erosion results from wave action or other coastal processes. EXCAVATING Any digging, scooping or other methods of removing earth materials. 5 39 FILLING Any depositing or stockpiling of earth materials. FINAL STABILIZATION One of the following situations has occurred: A. All soil disturbing activities at the site have been completed and a permanent vegetative cover has been established on denuded areas not otherwise permanently stabilized. Permanent vegetation shall not be considered established until a ground cover is achieved that is uniform (e.g., evenly distributed), mature enough to survive, and will inhibit erosion. B. For individual lots in residential construction, final stabilization can occur by either: i. The homebuilder completing final stabilization as specified in Subsection A of this definition; or ii. The homebuilder establishing temporary stabilization, including perimeter controls for an individual lot prior to occupation of the home by the homeowner, and informing the homeowner of the need for, and benefits of, final stabilization. C. For construction projects on land used for agricultural purposes (e.g.,pipelines across crop or range land), final stabilization may be accomplished by returning the disturbed land to its preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities, such as buffer strips immediately adjacent to surface waters, and areas that are not being returned to their preconstruction agricultural use must meet the final stabilization criteria specified in Subsection A of this definition. FLOOD-FRINGE The portion of the floodplain outside the floodway that is usually covered with water from the 100-year flood or storm event. This includes, but is not limited to, the flood or floodway fringe designated by the Federal Emergency Management Agency. FLOODING A volume of water that is too great to be confined within the banks or walls of the stream, water body or conveyance system and that overflows onto adjacent lands, thereby causing or threatening damage. FLOODPLAIN The area adjacent to a channel, river, stream, or other water body that is susceptible to being inundated by water normally associated with the 100-year flood or storm event. 6 40 This includes, but is not limited to, the floodplain designated by the Federal Emergency Management Agency. FLOOD-PRONE AREA The component of a natural or restored stormwater conveyance system that is outside the main channel. Flood-prone areas may include, but are not limited to, the floodplain, the floodway, the flood fringe, wetlands, riparian buffers, or other areas adjacent to the main channel. FLOODWAY The channel of a river or other watercourse and the adjacent land areas, usually associated with flowing water,that must be reserved to discharge the 100-year flood or storm event without cumulatively increasing the water surface elevation more than one foot. This includes, but is not limited to, the floodway designated by the Federal Emergency Management Agency. GENERAL PERMIT A state permit authorizing a category of discharges under the CWA and the Act within a geographical area. GRADING Any excavating or filling of earth material or any combination thereof, including the land in its excavated or filled conditions. HYDROLOGIC UNIT CODE or HUC A watershed unit established in the most recent version of Virginia's 6th Order National Watershed Boundary Dataset. IMMEDIATELY As soon as practicable, but no later than that end of the next workday, following the day when the land-disturbing activities have temporarily or permanently ceased. In the context of this permit issued under this chapter, "immediately" is used to define the deadline for initiating stabilization measures. IMPAIRED WATERS Surface waters identified as impaired on the most recent Water Quality Assessment Integrated Report. IMPERVIOUS COVER A surface composed of material that significantly impedes or prevents natural infiltration of water into soil. INFEASIBLE Not technologically possible or not economically practicable and achievable in light of best industry practices. 7 41 INITIATION OF STABILIZATION ACTIVIES: A. Prepping the soil for vegetative or non-vegetative stabilization; B. Applying mulch or other non-vegetative product to the exposed area; C. Seeding or planting the exposed area; D. Starting any of the above activities on a portion of the area to be stabilized, but not on the entire area; or E. Finalizing arrangements to have the stabilization product fully installed in compliance with the applicable deadline for completing stabilization. INSPECTION An on-site review of the project's compliance with the VESCP authority land-disturbing permit or VSMP authority permit, and any applicable design criteria, or an on-site review to obtain information or conduct surveys or investigations necessary in the implementation or enforcement of this chapter. KARST AREA Any land area predominantly underlain at the surface or shallow subsurface by limestone, dolomite, or other soluble bedrock regardless of any obvious surface karst features. KARST FEATURES Sinkholes, sinking and losing streams, caves, large flow springs, and other such landscape features found in karst areas. LAND DISTURBANCE or LAND-DISTURBING ACTIVITY Any man-made change to the land surface that potentially changes its runoff characteristics,including, but not limited to clearing, grading, or excavation, except that the term shall not include those exemptions specified in §62.1-44.15:34 and §62.1- 44.15:51, Code of Virginia and in this chapter. LAND DISTURBING PERMIT or APPROVAL A permit or other form of approval issued by the County for the clearing, filling, excavating, grading, transporting of land or for any combination thereof or for any similar activity. LAYOUT A conceptual drawing sufficient to provide for the specified stormwater management facilities required at the time of approval. LOCALIZED FLOODING 8 42 Smaller-scale flooding that may occur outside of a stormwater conveyance system. This may include high water, ponding, or standing water from stormwater runoff, which is likely to cause property damage or unsafe conditions. MAIN CHANNEL The portion of the stormwater conveyance system that contains the base flow and small frequent storm events. MAJOR MODIFICATION For the purposes of this chapter, the modification or amendment of an existing state permit before its expiration that is not a minor modification as defined in this regulation. MAN-MADE Constructed by man. MEASURABLE STORM EVENT A storm event resulting in an actual discharge from the construction site. MINOR MODIFICATION For the purposes of this chapter, minor modification or amendment of an existing state permit before its expiration for the reasons listed at 40 CFR 122.63 and as specified in 9VAC25-870-640. Minor modification for the purposes of this chapter also means other modifications and amendments not requiring extensive review and evaluation including, but not limited to, changes in EPA-promulgated test protocols, increasing monitoring frequency requirements, changes in sampling locations, and changes to compliance dates within the overall compliance schedules. A minor state permit modification or amendment does not substantially alter state permit conditions, substantially increase or decrease the amount of surface water impacts,increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment. NATURAL CHANNEL DESIGN CONCEPTS The utilization of engineering analysis based on fluvial geomorphic processes to create, rehabilitate, restore, or stabilize an open conveyance system for the purpose of creating or recreating a stream that conveys its bank full storm event within its banks and allows larger flows to access its floodplain. NATURAL STREAM A tidal or non-tidal watercourse that is part of the natural topography. It usually maintains a continuous or seasonal flow during the year and is characterized as being irregular in cross-section with a meandering course. Constructed channels such as drainage ditches or swales shall not be considered natural streams; however, channels designed utilizing natural channel design concepts may be considered natural streams. OPERATOR The owner or operator of any facility or activity subject to regulation under this Ordinance. 9 43 OWNER The owner or owners of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor,trustee, lessee, or other person, firm, or corporation in control of a property. PEAK FLOW RATE The maximum instantaneous flow from a prescribed design storm at a particular location. PERCENT IMPERVIOUS The impervious area within the site divided by the area of the site multiplied by 100. PERMIT or VSMP AUTHORITY PERMIT An approval to conduct a land-disturbing activity issued by the Frederick County Public Works Department, the permit-issuing VSMP authority, for the initiation of a land- disturbing activity after evidence of coverage under the General Permit for Discharges of Stormwater from Construction Activities found in 9VAC25-880 et seq. of the Virginia Stormwater Management Program Regulations has been provided. A person shall not conduct any land disturbing activity until he has submitted a permit application to the VSMP authority that includes a state VSMP permit registration statement, if such statement is required, a stormwater management plan or an executed agreement in lieu of a stormwater plan and has obtained VSMP authority approval to begin land disturbance. PERMITTEE The person to whom the land-disturbing permit or approval is issued, and/or the person to whom the VSMP permit is issued, and/or the person who certifies that the approved erosion and sediment control plan will be followed and/or the person who certifies that the approved stormwater plan will be followed. PERSON Any individual, corporation,partnership, association, state,municipality, commission, or political subdivision of a state, governmental body, including federal, state, or local entity as applicable, any interstate body or any other legal entity. POINT OF DISCHARGE A location at which concentrated stormwater runoff is released. POST-DEVELOPMENT Refers to conditions that reasonably may be expected or anticipated to exist after completion of the land development activity on a specific site. PRE-DEVELOPMENT Refers to the conditions that exist at the time that plans for the land development of a tract of land are submitted to the plan approval VSMP authority. Where phased development or plan approval occurs (preliminary grading, demolition of existing 10 44 structures,roads, and utilities, etc.), the existing conditions at the time prior to the first item being submitted shall establish predevelopment conditions. PRIOR DEVELOPED LAND Land that has been previously utilized for residential, commercial, industrial, institutional, recreation, transportation or utility facilities or structures, and that will have the impervious areas associated with those uses altered during a land-disturbing activity. QUALIFIED PERSONNEL A person knowledgeable in the principles and practices of erosion and sediment and stormwater management controls who possesses the skills to assess conditions at the construction site for the operator that could impact stormwater quality and quantity and who assesses the effectiveness of any sediment and erosion control measures or stormwater management facilities selected to control the quality and quantity of stormwater discharges from the construction activity. REGULATIONS The Virginia Stormwater Management Program (VSMP) Regulations, 9VAC25-870-10, et seq, as amended, the Virginia Erosion and Sediment Control Regulations 9VAC25- 840-10, et seq, as amended, or the General VPDES Permit regulations, 9VAC25-880-10, et seq, as amended. RESPONSIBLE LAND DISTURBER An individual from the project or development team,who will be in charge and responsible for carrying out a land-disturbing activity covered by an agreement in lieu of a plan, when applicable, or an approved erosion and sediment control plan, who: A. holds a certificate of competence as a responsible land disturber, or B. holds a current certificate of competence from the Board in the area of inspection, or C. holds a current contractor certificate of competence for erosion and sediment control, or D. is licensed in Virginia as a professional engineer, architect, certified landscape architect or land surveyor pursuant to Section §54.1-400 et seq. of Chapter 4 of Title 54.1 of the Code of Virginia. RUNOFF or STORMWATER RUNOFF That portion of precipitation that is discharged across the land surface or through conveyances to one or more waterways. RUNOFF CHARACTERISTICS Include maximum velocity,peak flow rate,volume, and flow duration. 11 45 RUNOFF VOLUME The volume of water that runs off the site from a prescribed design storm. SINGLE FAMILY RESIDENCE A non-commercial dwelling that is designed to be occupied exclusively by one family. SITE The land or water area where any facility or activity is physically located or conducted, a parcel of land being developed, or a designated area of a parcel in which the land development project is located. Also, means the land or water area where any facility or land-disturbing activity is physically located or conducted,including adjacent land used or preserved in connection with the facility or land-disturbing activity. SITE HYDROLOGY The movement of water on, across,through and off the site as determined by parameters including, but not limited to, soil types, soil permeability,vegetative cover, seasonal water tables, slopes, land cover, and impervious cover. STATE The Commonwealth of Virginia. STATE PERMIT An approval to conduct a land-disturbing activity issued by the Board in the form of a state stormwater individual permit or coverage issued under a state general permit or an approval issued by the Board for stormwater discharges from a Municipal Separate Storm Sewer Systems (MS4). Under these state permits, the State imposes and enforces requirements pursuant to the federal Clean Water Act and regulations, the Act, and this chapter. As the mechanism that imposes and enforces requirements pursuant to the federal Clean Water Act and regulations, a state permit for stormwater discharges from an MS4 and, after June 30, 2014, a state permit for conducting a land-disturbing activity issued pursuant to the Virginia Stormwater Management Act, are also types of Virginia Pollutant Discharge Elimination System (VPDES)Permits. "State permit" does not include any state permit that has not yet been the subject of Final Board action, such as a draft state permit. Approvals issued pursuant to this chapter, 9VAC25-880, and 9VAC25- 890 are not issuances of a permit under§62.1-44.15.01 of the Code of Virginia. STATE WATERS All water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands. STORMWATER Precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage. STORMWATER CONVEYANCE SYSTEM 12 46 A combination of drainage components that are used to convey stormwater discharge, either within or downstream of the land-disturbing activity. This includes: A. MAN-MADE STORMWATER CONVEYANCE SYSTEM A pipe, ditch, vegetated swale, or other stormwater conveyance system constructed by man except for restored stormwater conveyance systems; B. NATURAL CONVEYANCE SYSTEM The main channel of a natural stream and the flood-prone area adjacent to the main channel; or C. RESTORED CONVEYANCE SYSTEM A stormwater conveyance system that has been designed and constructed using natural channel design concepts. Restored stormwater conveyance systems include the main channel and the flood-prone area adjacent to the main channel. STORMWATER DISCHARGE ASSOCIATED WITH CONSTRUCTION ACTIVITY A discharge of stormwater runoff from areas where land-disturbing activities (e.g., clearing, grading, or excavation); construction materials or equipment storage or maintenance (e.g.,fill piles,borrow area, concrete truck washout,fueling); or other industrial stormwater directly related to the construction process (e.g., concrete or asphalt batch plants) are located. STORMWATER MANAGEMENT CONCEPT PLAN Documents developed at the preliminary plan, zoning, or other state of the development process that establish the initial layout of the development along with sufficient information to ensure that the final development stormwater management plan will comply with this chapter. STORMWATER MANAGEMENT FACILITY A control measure that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to,the quantity and quality, the period of release or the velocity of flow. STORMWATER MANAGEMENT PLAN Documents containing material for describing methods for complying with the requirements of this ordinance and the VSMP Permit regulations. STORMWATER POLLUTION PREVENTION PLAN or SWPPP Documents prepared in accordance with good engineering practices and that identify potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from the construction site. In addition, the document shall identify and require the implementation of control measures, and shall include, but not be limited to the inclusion of, and/or the incorporation by reference of an approved erosion and sediment control plan, an approved stormwater management plan, and a pollution prevention plan. 13 47 STORMWATER POLLUTION PREVENTION PLAN TEMPLATE or SWPPP TEMPLATE Documents intended to be used for single family residential construction activity that disturbs less than one acre of land and is part of a larger common plan of development to identify all applicable requirements of the SWPPP that was developed for the larger common plan of development. SUBDIVISION The same as defined in the Frederick County Subdivision Ordinance (Chapter 144 of Frederick County,Virginia Code). SURFACE WATERS A. All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide; B. All interstate waters, including interstate wetlands; C. All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats,wetlands, sloughs, prairie potholes,wet meadows,playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any such waters: 1. That is used or could be used by interstate or foreign travelers for recreational or other purposes; 2. From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or 3. That is used or could be used for industrial purposes by industries in interstate commerce. D. All impoundments of waters otherwise defined as surface waters under this definition; E. Tributaries of waters identified in Subsections A through D of this definition; F. The territorial sea; and G. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in Subsections A through F of this definition. TOTAL MAXIMUM DAILY LOAD or TMDL The sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources, natural background loading and a margin of safety. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure. The TMDL process provides for point versus nonpoint source trade-offs. 14 48 TOWN Either of the incorporated Towns of Middletown or Stephens City. VIRGINIA EROSION AND SEDIMENT CONTROL PERMIT PROGRAM AUTHORITY The County, which has adopted a soil erosion and sediment control program that has been approved by the Board, is the Virginia Erosion and Sediment Control Permit Program Authority for issuance of land disturbing permits, plan review, inspections, and enforcement of compliance with applicable laws and regulations, in the County and in the Towns of Middletown and Stephens City. VIRGINIA EROSION AND SEMIENT CONTROL PROGRAM or VESCP A program approved by the Board that has been established by a VESCP authority for the effective control of soil erosion, sediment deposition, and non-agricultural run-off associated with a land disturbing activity to prevent the unreasonable degradation of properties, stream channels,waters, and other natural resources and shall include items where applicable as local ordinances, rules,permit requirements, annual standards and specifications,policies and guidelines, technical materials, and requirements for plan review,inspection, enforcement where authorized in this article, and evaluation consistent with the requirements of this article and its associated regulations. VIRGINA EROSION AND SEDIMENT CONTROL PROGRAM (VESCP) LAND DISTURBANCE or VESCP LAND-DISTURBING ACTIVITY Any man-made change to the land surface that may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the State, including, but not limited to, clearing, grading, excavating, transporting, and filling of land, except that the term shall not include: A. Minor land-disturbing activities such as home gardens and individual home landscaping, repairs and maintenance work; B. Individual service connections; C. Installation, maintenance, or repair of any underground public utility lines when such activity occurs on an existing hard surfaced road, street or sidewalk provided the land- disturbing activity is confined to the area of the road, street or sidewalk that is hard surfaced; D. Septic tank lines or drainage fields unless included in an overall plan for land-disturbing activity relating to construction of the building to be served by the septic tank system; E. Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted pursuant to Title 45.1; F. Tilling,planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the Board in regulation, including engineering operations as follows: construction of terraces, terrace outlets, check dams, 15 49 desilting basins, dikes,ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§10.1-1100 et seq.) of Title 10.1 of the code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection B of§10.1-1163 of the Code of Virginia; G. Repair or rebuilding of the tracks, right-of-way, bridges, communication facilities and other related structures and facilities of a railroad company; H. Agricultural engineering operations, including but not limited to the construction of terraces, terrace outlets, check dams, desilting basins, dikes,ponds not required to comply with the provisions of the Dam Safety Act, Article 2 (§ 10.1-604 et seq.) of Chapter 6 of Title 10.1 of the Code of Virginia, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation; I. Disturbed land areas of less than 10,000 square feet in size; however, the governing body of the program authority may reduce this exception to a smaller area of disturbed land or qualify the conditions under which this exception shall apply; J. Installation of fence and signposts or telephone and electric poles and other kinds of posts or poles; K. Shoreline erosion control projects on tidal waters when all of the land-disturbing activities are within the regulatory authority of and approved by local wetlands boards, the Marine Resources Commission or the United States Army Corps of Engineers; however, any associated land that is disturbed outside of this exempted area shall remain subject to this and the regulations adopted pursuant thereto; and L. Emergency work to protect life, limb or property, and emergency repairs; however, if the land-disturbing activity would have required an approved erosion and sediment control plan, if the activity were not an emergency, then the land area disturbed shall be shaped and stabilized in accordance with the requirements of the VESCP authority. VIRGINIA STORMWATER BMP CLEARINGHOUSE WEBSITE A website that contains detailed design standards and specifications for control measures that may be used in Virginia to comply with the requirements of the Virginia Stormwater Management Act and associated regulations. VIRGINIA STORMWATER MANAGEMENT ACT or ACT Article 2.3 (§62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia. VIRGINIA STORMWATER MANAGEMENT HANDBOOK 16 50 A collection of pertinent information that provides general guidance for compliance with the Act and associated regulations and is developed by the department with advice from a stakeholder advisory committee. VIRGINIA STORMWATER MANAGEMENT PROGRAM or VSMP The program established by the County and approved by the Board to manage the quality and quantity of runoff resulting from land-disturbing activities and includes the County's local ordinance and requirements for plan review, inspection, enforcement, permit requirements,policies and guidelines, and technical materials. VIRGINIA STORMWATER MANAGEMENT PROGRAM AUTHORITY or VSMP AUTHORITY The County,which has adopted a stormwater management program that has been approved by the Board, is the VSMP Authority for issuance of VSMP authority permits, plan review,inspections, and enforcement of compliance with applicable laws and regulations, in the County and in the Towns of Middletown and Stephens City. A program approved by the Board after September 13, 2011, to manage the quality and quantity of runoff resulting from land-disturbing activities and shall include such items as local ordinances, rules,permit requirements, annual standards and specifications,policies and guidelines,technical materials, and requirements for plan review, inspection, enforcement, where authorized in the Act and associated regulations, and evaluation consistent with the requirements of the Act and associated regulations. VIRGINIA STORMWATER MANAGEMENT PROGRAM (VSMP) LAND DISTURBANCE or VSMP LAND-DISTURBING ACTIVITY A manmade change to the land surface that potentially changes its runoff characteristics including clearing, grading, or excavation, except that the term shall not include: A. Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Title 45.1; B. Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the Board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (§10.1-1100 et seq.) of Title 10.1 of the Code of Virginia or is converted to bona fide agricultural or improved pasture use as described in Subsection B of§ 10.1-1163 of the Code of Virginia; C. Single-family residences separately built and disturbing less than one acre and not part of a larger common plan of development or sale, including additions or modifications to existing single-family detached residential structures; 17 51 D. Land-disturbing activities that disturb less than one acre of land area except for activities that are part of a larger common plan of development or sale that is one acre or greater of disturbance; E. Discharges to a sanitary sewer or a combined sewer system; F. Activities under a state or federal reclamation program to return an abandoned property to an agricultural or open land use; G. Routine maintenance that is performed to maintain the original line and grade,hydraulic capacity, or original construction of the project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subsection; H. Conducting land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the VSMP authority shall be advised of the disturbance within seven days of commencing the land-disturbing activity and compliance with the administrative requirements of§143-130, including a registration statement that substantiates the occurrence of an emergency, is required within 30 days of commencing the land-disturbing activity. VSMP CONSTRUCTION GENERAL PERMIT or CONSTRUCTION GENERAL PERMIT The General Permit for Discharges of Stormwater from Construction Activities found in 9VAC25-880 of the Virginia Stormwater Management Program Regulations WASTELOAD ALLOCATION or WASTELOAD or WLA The portion of a receiving surface water's loading or assimilative capacity allocated to one of its existing or future point sources of pollution. WLAs are a type of water quality- based effluent limitation. WATERSHED A defined land area drained by a river or stream, karst system, or system of connecting rivers or streams such that all surface water within the area flows through a single outlet. In karst areas, the karst feature to which the water drains may be considered the single outlet for the watershed. WETLANDS Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. §143-125 Permits Required and Exemptions 18 52 A. No person shall conduct a VESCP land-disturbing activity as defined in §143-110 until the County land disturbing permit has been obtained from the Administrator and maintains in good standing, a permit entitling such person and any contractor or agent of such person to conduct such activity. No permit involving land-disturbing activity will be issued without an approved erosion and sediment control plan by Frederick County and certification that the plan will be carried out by the designated Responsible Land Disturber. Prior to initiating grading or other on-site activities on any portion of a lot or parcel, all associated permits required by Federal. State and local laws and regulations shall be obtained, and evidence of such permits submitted to the County. Reference: § 62.1-44.15.55 B. No person shall conduct a VSMP land disturbing activity as defined in §143-110 until a Frederick County land disturbing permit as required in Subsection A and a VSMP authority permit has been obtained from the Administrator and maintains in good standing, a permit entitling such person and any contractor or agent of such person to conduct such activity. No permit involving a VSMP land-disturbing activity will be issued without an approved stormwater plan the County. Reference: §62.1-44.15.34. A §143-130 Permit Application A. Prior to issuance of a Frederick County land-disturbing permit for a VESCP land- disturbing activity, the following items must be submitted in accordance with the provisions of this chapter and approved: 1. Completed Frederick County land disturbing permit application; 2. The approved erosion and sediment control plan or an executed agreement-in-lieu of an erosion and sediment control plan; 3. The performance bond(s) in compliance with §143-240; 4. The applicable permit fee; 5. Completed Land Disturbance Permit Fee Calculation Form; 6. All applicable outside agency approvals; and 7. Copies of all applicable local, state, and federal permits. B. Prior to issuance of a Frederick County VSMP permit for a VSMP land-disturbing activity the following items must be submitted in accordance with the provisions of this chapter and approved: 19 53 1. The requirements of a land-disturbing permit application of Subsection A; 2. A Stormwater Pollution Prevention Plan (SWPPP) to include all required elements applicable to a VSMP land-disturbing activity; 3. A stormwater management plan or an executed agreement in lieu of a plan that complies with Virginia stormwater requirements and the County stormwater requirements as outlined in this regulation; 4. A VSMP Authority permit application/registration statement if such statement is required. A person shall not conduct any land-disturbing activity until he has submitted a permit application to the VSMP authority that includes a state VSMP permit statement if such statement is required. A registration statement is not required for a detached single-family home construction within or outside of a common plan of development or sale, but such projects must adhere to the requirements of the general permit; (§62.1-44.15:28.8) 5. All applicable fees; and 6. Evidence of coverage under the state general permit for discharges from construction activities through the state electronic database. Reference: 9VAC25-870-59;9VAC25-870-108;9VAC25-870-750; 62.1-44.15:34 C. Prior to issuing coverage under an existing VSMP Authority permit for a land-disturbing activity within a common plan of development, the following items must be addressed: 1. The requirements of a Frederick County land-disturbing permit application of Subsection A; 2. A Stormwater Pollution Prevention Plan (SWPPP)to include all required elements applicable to a VSMP and disturbing activity, or when the area of disturbance is less than one acre, a SWPPP Template and a BMP Implementation Plan consistent with the BMP performance goals of the common plan of development; and 3. A stormwater management plan that complies with Virginia stormwater requirements and the County stormwater requirements as outlined in this regulation. D. Whenever a land-disturbing activity is proposed to be conducted by a contractor performing construction work pursuant to a construction contract, the preparation and submission of plans, obtaining approval of the required plans, and obtaining all required permits shall be the responsibility of the owner of the land. Reference: §62.1-44.15.34; 9VAC25-870-54; 9VAC25-870-108; 9VAC25-870-1170 20 54 §143-145 Applicable Design Standards, Specifications and Methods A. The standards contained within the Virginia Erosion and Sediment Control Regulations (VESCR),the Virginia Erosion and Sediment Control Handbook(VESCH) (latest edition), the Virginia Stormwater Management Handbook(VSMH) (latest edition), and any additional guidance provided by the VSMP Authority are to be used by the applicant in the preparation and submission of an erosion and sediment control plan, and by the VSMP Authority in considering the adequacy of a plan submittal. When the standards vary between the publications, the state regulations shall take precedence unless otherwise noted in this chapter. B. The latest approved version of BMPs found on the Virginia Stormwater BMP Clearinghouse Website or the Virginia DEQ website shall be utilized to effectively reduce the pollutant load and runoff volume as required in this chapter in accordance with the Virginia Runoff Reduction Method. Reference: 9VAC25-870-65 C. The erosion and sediment control plan and stormwater management plan shall consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface run-off. Reference: 9VAC25-870-55 A D. Proposed residential, commercial, or industrial subdivisions shall apply these stormwater management criteria to the development project as a whole. Individual lots or parcels shall not be considered separate development projects, but rather the entire subdivision shall be considered a single development project. Hydrologic parameters shall reflect the ultimate development and shall be used in all engineering calculations. Implementation of the plan may be phased or carried out by individual or separate applicants as referenced in §143-130.C. E. Unless otherwise specified, the following shall apply to the hydrologic computations of this section: 1. The prescribed design storms are the 1-year, 2-year, 10-year and 100-year 24-hour storms using the site-specific rainfall precipitation frequency data recommended by the U.S.National Oceanic and Atmospheric Administration (NOAA)Atlas 14 and provided in the VA SWM Handbook. 2. All hydrologic analyses shall be based on the existing watershed characteristics and how the ultimate development condition of the subject project will be addressed. 3. The U.S. Department of Agriculture's Natural Resources Conservation Service (MRCS) synthetic 24-hour rainfall distribution and models, including, but not limited 21 55 to TR-55 and TR-20, hydrologic and hydraulic methods developed by the U.S. Army Corps of Engineers, or other NRCS standard hydrologic and hydraulic methods, shall be used to conduct the analyses described in this part. 4. For purposes of computing predevelopment runoff, all pervious lands on the site shall be assumed to be in good hydrologic condition in accordance with the U.S. Department of Agriculture's Natural Resources Conservation Service (NRCS) standards, regardless of conditions existing at the time of computation. 5. Pre-development and post-development runoff characteristics and site hydrology shall be verified by site inspections,topographic surveys, available soil mapping or studies, and calculations consistent with good engineering practices. Guidance provided in the Virginia Stormwater Management Handbook and by the Virginia Stormwater BMP Clearinghouse shall be considered appropriate practices. Reference: 9VAC25-870-72 6. All proposed sediment control or stormwater impounding structures shall be designed in accordance with State standards. Reference: 9VAC25-870-85 §143-148 Grandfathering provisions A. Any VSMP land-disturbing activity shall be considered grandfathered by the VSMP authority and shall be subject to the Part 11 C (9VAC25-870-93 et seq.)technical criteria of this chapter provided: L A proffered or conditional zoning plan, zoning with a plan of development, preliminary or final subdivision plat,preliminary or final site plan, or any document determined by the locality to be equivalent thereto (i)was approved by the locality prior to July 1, 2012, (ii)provided a layout as defined in 9VAC25-870-10, (iii)will comply with the Part II C technical criteria of this chapter, and (iv)has not been subsequently modified or amended in a manner resulting in an increase in the amount of phosphorus leaving each point of discharge, and such that there is no increase in the volume or rate of runoff, 2. A state permit has not been issued prior to July 1, 2014; and 3. Land-disturbance did not commence prior to July 1, 2014. B. Locality, state, and federal projects shall be considered grandfathered by the VSMP authority and shall be subject to the Part 11 C technical criteria of this chapter provided: 1. There has been an obligation of locality, state, or federal funding,in whole or in part, prior to July 1, 2012, or the department has approved a stormwater management plan prior to July 1, 2012; 22 56 2. State permit has not been issued prior to July 1, 2014; and 3. Land disturbance did not commence prior to July 1, 2014. C. Land disturbing activities grandfathered under Subsections A and B of this section shall remain subject to the Part II C technical criteria of this chapter for one additional state permit cycle. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the Board. D. In cases where governmental bonding or public debt financing has been issued for a project prior to July 1, 2012, such project shall be subject to the technical criteria of Part II C. E. Nothing in this section shall preclude an operator from constructing to a more stringent standard at his discretion. References: 9VAC25-870-48, § 62.1-44.15:25,62.1-44.15:28 §143-150 Stormwater Pollution Prevention Plan Components and Applicability For each of the following activities as may be relevant, a stormwater pollution prevention plan (SWPPP) shall contain the indicated components: A. VESCP Activities: 1. General SWPPP requirements as described in §143-155; 2. An erosion and sediment control (ESC)plan or if single-family residential construction an agreement in lieu of an ESC plan as described in §143-160. B. VSMP land-disturbing activities: 1. General SWPPP requirements as described in §143-155; 2. An ESC plan or if single-family residential construction an agreement in lieu of an ESC plan as described in §143-160; 3. A SWM plan as described in §143-165; and 4. A PPP plan as described in §143-175. C. VSMP land-disturbing activities part of a larger Common Plan of Development shall include: 1. General SWPPP requirements as described in §143-155; 23 57 2. An ESC plan or if single family residential construction an agreement in lieu of an ESC plan as described in §143-160; 3. A SWM Plan as described in §143-165, or if less than 1 acre a BMP Implementation Plan or a completed SWPPP Template demonstrating compliance with all applicable elements of the approved SWPPP developed for the larger common plan of development. D. The requirements for a SWPPP as outlined in §9VAC25-870-54 shall be included with each plan submitted for review. Reference: § 62.1-44.15:34; 9VAC25-870-53;9VAC25-870-54;9VAC25-870-30; 9VAC- 880-70 Section II. §143-155 General Stormwater Pollution Prevention Plan (SWPPP) Requirements A. In addition to the applicable components as provided in §143-150, a Stormwater Pollution Prevention Plan (SWPPP) shall include all items identified within the Virginia General VPDES Permit for Discharges of Stormwater Construction Activity (General Permit No.: VAR10). B. Prior to engaging in the activities shown on the approved plan,the person responsible for carrying out the plan shall provide the name of a qualified person to the Administrator. Failure to provide the name of an individual holding a certificate of competence prior to engaging in land-disturbing activities may result in revocation of the approval of the plan and the person responsible for carrying out the plan shall be subject to the penalties provided in §143-225. Reference: § 62.1-44.15.55 B C. The SWPPP must be maintained at a central location onsite. If an onsite location is unavailable, notice of the SWPPP's location must be posted near the main entrance at the construction site. The operator shall make SWPPP's and all updates available upon request to County personnel. Reference: 9VAC25-870-54 G §143-160 Erosion and Sediment Control (ESC) Program and Plan Requirements A. As stated in §143-150, Frederick County Public Works Department will be the program authority to operate the County's Erosion and Sediment Control Program. Pursuant to §62.1-44.15:53 of the Code of Virginia, an erosion control plan shall not be approved until it is reviewed by a certified plan reviewer. Inspections of land-disturbing activities shall be conducted by a certified inspector. The erosion control program of the County shall contain a certified program administrator, a certified plan reviewer, and a certified inspector, who may be the same person; 24 58 B. As required in §143-150, an erosion and sediment control plan shall be developed and referenced into the SWPPP where a SWPPP is required. The erosion and sediment control plan shall not be considered approved until reviewed by a certified plan reviewer. When the plan is determined to be inadequate, written notice of disapproval stating the specific reasons for disapproval shall be communicated to the applicant within 45 days. The notice shall specify such modifications, terms and conditions that will permit approval of the plan. If no action is taken within 45 days, the plan shall be deemed approved, and the person authorized to proceed with the proposed activity. C. The erosion and sediment control plan shall be designed to control stormwater volume and velocity within the site to minimize soil erosion and to minimize sediment discharges from the site by incorporating all the minimum standards as outlined in 9VAC25-840-40, incorporate all requirements for flow rate capacity and velocity requirements as outlined in section 62.1-44.15.52.A of the Code of Virginia and incorporating the following performance goals to the maximum extent practicable: 1. The area of land disturbance at any one time shall be the minimum necessary to install and/or construct the proposed site improvements; 2. The installation and/or construction of the proposed site improvements shall be phased to limit the duration of exposed soils to the minimum time needed to construct and/or install the improvements in the immediate vicinity of the disturbance; 3. The disturbance and/or compaction of the existing native soils shall be minimized by directing construction traffic, material stockpiling, and other activities to only those areas of the site that are designated for proposed infrastructure (buildings, roads, parking areas, etc.); 4. Disturbance of slopes 15% or steeper shall be avoided to the maximum extent practicable given the proposed site improvements. When disturbance of steep slopes is unavoidable, or the resulting grade of exposed soil is 15% or greater, the area shall be stabilized immediately with an approved soil stabilization matting; 5. Existing topsoil shall be preserved to the maximum extent practical; 6. The selection and design of erosion and sediment controls shall be based on the expected frequency, intensity, and duration of precipitation, and the corresponding expected volume of runoff and sediment erosion, sedimentation, and transport during the land-disturbing activity: a. The volume and peak flow rate of runoff from the construction site should be estimated for the 2-year and/or 10-year design storms as required for the individual controls being considered using accepted NRCS hydrologic methods as described in the VESCH and the VSWMH, latest editions; and 25 59 b. The expected volume of sediment erosion, sedimentation, and transport during activities should be estimated considering the surface area, length, and slope of exposed soil,the soil horizons exposed by grading activities, and the range of soil particle sizes expected to be present. 7. Provide 50-foot natural vegetated buffers around surface waters, and direct stormwater to vegetated areas where feasible. Where infeasible, alternate practices that remove or filter sediment and maximize stormwater infiltration may be approved by the County in accordance with state standards; 8. Sediment basins,when used in accordance with the requirements of the VESCH shall incorporate an outlet structure that discharges from the surface. Reference: 9VAC25-880-70 Part ILB.2; 9VAC25-870-54. F, 9VAC25-840-40 D. When the land-disturbing activity is part of a larger common plan of development, the ESC plan shall demonstrate compliance with the approved SWPPP for the larger common plan of development, and shall contain the following information and/or statements demonstrating compliance with the minimum standards of the erosion and sediment control regulations of the Board (9VAC25-840): 1. Compliance with the water quantity requirements of§62.1-44 et. seq. of the Code of Virginia shall be deemed to satisfy the requirements of 9VAC25-840.19 (Minimum Standard 19 of the Virginia Erosion and Sediment Control Regulations); 2. The location, dimensions, and other information as required ensuring the proper construction and maintenance of all temporary erosion and sediment controls necessary to comply with the provisions of this chapter; 3. Calculations for sediment traps, basins, outlet protection, etc. as applicable; 4. A sequence of construction and clear delineation of the initial areas of land disturbance necessary for installation of the initial erosion and sediment control measures such as earthen dams, dikes, and diversions. The areas of initial land- disturbance shall be the minimum necessary for installation of the initial erosion and sediment control measures and the delineation should include all areas necessary for such installation, including stockpiles, borrow areas, and staging areas. The sequence should also include the stabilization of these areas immediately upon reaching final grade; 5. Clear delineation of the proposed areas of land disturbance and those areas to be protected from construction activity and traffic, including the following: a. Minimize the disturbance of slopes 15% or greater; and b. Minimize soil compaction and, unless infeasible,preserve topsoil. 26 60 6. Requirement that final stabilization of disturbed areas shall be initiated immediately upon reaching final grade on any portion of the site, and that temporary stabilization shall be initiated immediately upon areas that may not be at final grade but will remain dormant for longer than 14 days. 7. A comprehensive drainage plan including: a. The existing and proposed drainage patterns on the site; b. All contributing drainage areas to permanent stormwater practices and temporary sediment controls; c. Existing streams,ponds, culverts, ditches, wetlands, other water bodies, and floodplains; d. Land cover such as forest meadow, and other vegetative areas; e. Current land use including existing structures, roads, and locations of known utilities and easements; f. Sufficient information on adjoining parcels to assess the impacts of stormwater from the site on these parcels; g. Proposed buildings, roads,parking areas, utilities, and stormwater management facilities; and h. Proposed land use with tabulation of the percentage of surface area to be adapted to various uses, including but not limited to forest or reforestation, buffers, impervious cover, managed turf(lawns), and easements. 8. The location of any stormwater management practices and sequence of construction; 9. Temporary natural vegetated buffers in accordance with the requirements of the VSMP Construction General Permit. These buffers shall be delineated on the ESC Plan and protected with accepted signage, safety fence, or other barrier. E. In lieu of the plan described in Subsections A,B, and C of this section, single-family residential construction that is not part of a larger common plan of development, including additions or modifications to an existing single-family detached residential structure, may execute an ESC Agreement in Lieu of an Erosion and Sediment Control Plan with the Administrator. F. In lieu of the plan described in Subsections A,B, and C of this section, single-family residential construction that disturbs less than 1 acre and part of a larger common plan of development, may execute a SWPPP Template with the Administrator that demonstrates 27 61 compliance with the practices and strategies identified for the lot or parcel in the larger common plan of development SWPPP. G. Regarding the erosion and sediment control minimum standards as outlined in 9VAC25- 840-40, the following more stringent changes are applied within the County: 1. Subsection 6.b. Surface run-off from disturbed areas that are comprised of flow from drainage areas greater than or equal to three acres shall be controlled by a sediment basin. The minimum storage capacity of a sediment basin shall be 134 cubic yards per acre of drainage area. The outfall system shall, at a minimum, maintain the structural integrity of the basin during a 100-year-storm of twenty-four-hour duration. Runoff coefficients used in runoff calculations shall correspond to a bare earth condition or those expected to exist while the sediment basin is utilized; 2. Subsection 14 -Regulation of Watercourse Crossing -All applicable federal, state and local regulations pertaining to working in or crossing live watercourses shall be met. Prior to obtaining a land-disturbance permit, copies of all applicable environmental permits, including but not limited to wetland disturbance, stream crossing, stormwater discharge permits, shall be submitted with the application; 3. Subsection 17 -Vehicular Sediment Tracking - Where construction vehicle access routes intersect paved or public roads, provisions shall be made to minimize the transport of sediment by vehicular tracking onto paved or public road surface; the road surface shall be cleaned thoroughly at the end of each day. Sediment shall be removed from roads by shoveling or sweeping and transported to a sediment disposal area. Street washing shall be allowed only after sediment is removed in this manner. This provision shall apply to individual development lots as well as to larger land- disturbing activities; 4. In subdivisions, the owner/developer of the subdivision shall be responsible for compliance with the standard set forth in section 3 until the streets are taken into the Virginia Department of Transportation's Secondary Road System for maintenance, and the plan submitted for approval shall include a detailed plan or narrative to ensure transport of sediment onto subdivision streets does not occur during any phase of construction, including but not limited to construction of all infrastructure, utilities, and building construction. In addition, if individual lots or sections in a subdivision are being developed by a different owner, such owner shall be jointly and severally responsible with the owner/developer of the subdivision for achieving compliance with this minimum standard, and the erosion and sediment control plan, or "agreement in lieu of a plan," submitted for approval shall include a detailed plan or narrative to ensure transport of sediment onto the applicable roads does not occur during any phase of construction, including but not limited to construction of all infrastructure, utilities, and building construction; 5. To assure proper stormwater drainage and site stabilization, the following policies are hereby adopted concerning all development. Prior to release of building permits, the 28 62 following infrastructure shall be completed and stabilized within the subdivision, subsection or phase as shown on the approved plan: a. Stormwater conveyance systems, including but not limited to culverts,road surface, curb and gutter, stormwater structures, drainage swales and ditches, channel linings and all cleared areas shall be stabilized, etc; b. Submittal of a certified as-built plan of the subdivision, subsection or phase, which includes but is not limited to stormwater conveyance systems, curb and gutter, drainage swales and ditches, stormwater/sediment ponds, graded areas, etc. A letter from the engineer-of-record shall be included with the as-built plan which states that the subdivision has been constructed in accordance with the approved plan; c. A proposed overall lot grading plan is required by Frederick County prior to the release of building permit(s)for subdivisions. This plan shall meet the intent of the original site plan submitted by the developer. It is required that the developer provide the builder/owner a copy of the original engineered site grading plan for the particular subdivision; d. It will be necessary to submit a certified as-built plan for all lots on which proposed lot grading plans were required. This certified as-built plan shall indicate the following: properly annotated boundary lines; setback lines;proposed house footprint; offsets to house; existing grading; spot shots as necessary to show positive drainage; proposed driveway; proposed floor elevation to include basement, first floor and garage; and erosion and sediment controls, if required. The as-built plan shall be accompanied by a document prepared by a professional engineer or a certified land surveyor certifying that the as-built conditions meet the intent of the approved site grading plan. The proposed lot grading plan and the as-built survey shall be submitted to the Public Works Department prior to release of the final certificate of occupancy; 6. Before adopting or revising this ordinance,the County shall give due notice and conduct a public hearing on the proposed or revised regulations, except that a public hearing shall not be required when the County is amending its program to conform to revisions in the state program. However, a public hearing shall be held if the County proposes or revises regulations that are more stringent than the state program; 7. The program and regulations provided for in this chapter shall be made available for public inspection at the office of the Department of Public Works. §143-165 Stormwater Management(SWM) Plan Requirements A. As required in §143-150, a stormwater management plan shall be developed and referenced into the SWPPP; 29 63 B. In addition to the plan requirements outlined in §143-155 and §143-160, the stormwater management plan shall include the following: 1. A general description of the proposed stormwater management facilities, including: a. Contact information including name, address, telephone number and parcel number of the property or properties affected; b. Narrative that includes a description of current site conditions and final site conditions or if allowed by the VSMP authority, the information provided and documented during the review process that addresses the current and final site conditions; c. General description of the proposed stormwater management facilities and mechanism through which the facilities will be operated/maintained after construction is complete; Information on type of stormwater facilities; d. The location of stormwater facilities, including geographic coordinates; e. The named surface waters to which the facility eventually drains; f. Information on proposed stormwater management facilities, including (i)type of facilities; (ii)location, including geographic coordinates; (iii) acres treated; and (iv) surface waters or karst features into which facility will discharge; g. Hydrologic/hydraulic computations, including runoff characteristics; h. Documentation/calculations verifying compliance with water quality and quantity requirements of the regulations; i. Map or maps of site that depicts topography of the site and includes: a) Contributing drainage areas; b) Existing streams, ponds, culverts, ditches, wetlands, other water bodies, floodplains. j. Soil types, geologic formations if karst features are present in the area, forest cover, other vegetative areas; k. Current land use including existing structures, roads, locations of known utilities and easements; 1. Sufficient information on adjoining parcels to assess impacts of stormwater from the site on these parcels; 30 64 in. Limits of clearing and grading, proposed drainage patterns on the site; n. Proposed buildings,roads,parking areas, utilities, stormwater management facilities; o. Proposed land use with tabulation of percentage of surface area to be adapted to various uses, including but not limited to planned locations of utilities, roads and easements; p. A stormwater management plan for a land-disturbing activity shall apply the stormwater management technical criteria to the part to the entire land-disturbing activity. Individual lots in new residential, commercial, or industrial developments shall not be considered separate land-disturbing activities; q. A stormwater management plan shall consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff, r. Information on type/location of stormwater discharges, information on features to which stormwater is discharged, including surface waters or karst features if present, and predevelopment/post development drainage areas. 2. All necessary documentation and calculations supporting the design and construction of the proposed stormwater management structures, including sufficient details such as cross sections,profiles, dimensions, grades, and other information as needed to ensure that the BMPs are built in accordance with the approved plans and BMP Design Standards and Specifications; 3. Runoff Reduction Method Compliance Spreadsheet Summary Sheet; 4. A landscaping plan prepared by an individual familiar with the selection of appropriate vegetation for the particular BMP (emergent and upland vegetation for wetlands, woody and/or herbaceous vegetative stabilization and management techniques to be used within and adjacent to the stormwater management facilities, etc.). The landscaping plan must also describe the maintenance of vegetation at the site and what practices should be employed to ensure that adequate vegetative cover is preserved; 5. Identification of all easements provided for inspection and maintenance of stormwater management facilities in accordance with specifications in the Stormwater Management Design Manuals and the County requirements. 6. When Applicable, a copy of the Frederick County SWM BMP Operation and Maintenance Agreement to be recorded in the local land records prior to plan approval. This may be submitted prior to plan approval; 31 65 7. When stormwater facilities are proposed on individual residential lots, a copy of the proposed Residential Lot BMP Inspection and Maintenance Agreement to be signed by the property owner upon settlement. This must be submitted prior to plan approval; 8. If an applicant intends to meet the water quality requirements of Subsection C of this section using offsite compliance options, a letter of availability from the offsite provider must be included, and the use of the offsite options shall be in accordance with the VSMP Regulations Offsite Compliance Options (9VAC25-870-69). C. Stormwater management(SWM)plans shall demonstrate compliance with the following: 1. Stormwater runoff quality and runoff volume reduction criteria for new development; Reference: 9VAC25-870-63 2. Stormwater runoff quality criteria for development on prior developed lands; Reference: 9VAC25-870-63 3. Channel protection criteria; Reference: 9VAC25-870-66 4. Flood protection criteria; Reference: 9VAC25-870-66 5. Requirements for identifying, evaluating, and addressing increased volumes of sheet flow resulting from pervious or disconnected impervious areas or from physical spreading of concentrated flow through level spreaders. Reference: 9VAC25-870-66 D. Prior to release of the stormwater plan surety bond, two (2) sets of the construction record drawing or as-built of permanent stormwater management facilities, also referred to as "as-built plans,"in accordance with county requirements shall be submitted to the Administrator. The construction as-built shall be appropriately sealed and signed by a professional registered in the State pursuant to Article 1 (§54.1-400 et seq.) of Chapter 4 of Title 54.1. of the Code of Virginia, certifying that the stormwater management facilities have been constructed in accordance with the approved plan; Reference: 9VAC25-870-108, 9VAC25-870-55 D. E. Single family residential construction that is less than one acre of disturbance and part of a larger common plan of development may execute and implement a BMP 32 66 Implementation Plan as part of the SWPPP Template to demonstrate compliance with the practices and strategies identified in the larger common plan of development SWPPP; F. Stormwater Management Facility Maintenance Agreements: Maintenance of all stormwater management facilities shall be ensured through the creation of a formal maintenance agreement that must be approved by the Administrator and recorded in the land record prior to issuance of a permit and contain the following provisions: 1. A copy of the County BMP Operation and Maintenance Agreement proposed for recordation in the local land records prior to plan approval to be signed by the property owner upon settlement shall be submitted with the plans; Reference: 9VAC25-870-112. 2. Responsibility for the operation and maintenance of stormwater management facilities shall remain with the property owner or an owner's association and shall pass to any successor or owner. If portions of the land are to be sold, legally binding arrangements shall be made to pass the responsibility to successors in title; Reference: 9VAC25-870-112. 3. Maintenance agreements shall be in accordance with the County requirements (BMP Inspection &Maintenance Program) and provide for all necessary access for inspections; Reference: §62.1-44.15:39; 9VAC25-870-112. 4. Except as provided in Subsection 5 below, maintenance agreements shall be enforceable (by the Administrator); Reference: 9VAC25-870-112. 5. Individual on-lot stormwater facilities that are designed to primarily manage the runoff from the individual residential lot on which they are located require a County Residential Lot BMP Inspection &Maintenance Agreement acknowledging the presence,purpose, location, and basic maintenance requirements for the particular BMPs in accordance with County requirements; Reference: 9VAC25-870-112 6. Elements of the stormwater management plans that include activities regulated under Chapter 4 (§54.1-400 et seq.) of Title 54.1 of the Code of Virginia shall be appropriately sealed and signed by a professional registered in the State pursuant to Article 1 (§54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia; 33 67 7. Stormwater management plans for residential, commercial or industrial subdivisions are approved and govern the development of individual parcels within that plan, throughout the development life even if ownership changes. Reference: §62.1-44.15:28.7 §143-175 Pollution Prevention Plan (PPP) A. A Pollution Prevention Plan (PPP)is required for all VSMP Activities as required in §143-125, and shall be developed for incorporation into the SWPPP; B. The PPP shall be developed in accordance with the County VSMP Manual to minimize the discharge of pollutants and the exposure of materials to stormwater, and prohibit illicit discharges from construction activities; C. The PPP shall be implemented and updated as outlined in §143-205.0 and the County VSMP Manual (if adopted) as necessary throughout all phases of the land-disturbing activity to implement appropriate pollution prevention measures applicable to construction activities. Reference: 9VAC25-870-56. Pollution prevention plans. §143-185 Review and Approval of Plans A. Upon receipt of a plan for a permit and accompanying plans as required by §143-150, the Administrator shall determine the completeness of the application and notify the applicant within 15 calendar days if the submittal is considered incomplete; B. Once the applicant has been notified of a complete submittal, the Administrator shall have an additional 45 calendar days from the date of the communication for the review of the plans to determine compliance with the requirements of this ordinance, and to communicate to the applicant the approval or disapproval of the plans; C. If a determination of completeness is not made and communicated to the applicant within the 15 calendar days, the plans shall be deemed complete as of the date of submission and a total of 60 calendar days from the date of submission shall be allowed for the review of the plans; D. If the plans are not approved, the reasons for not approving the plans shall be provided in writing to the applicant; E. The Administrator shall review within 45 calendar days of the date of resubmission any plans that been previously disapproved; F. Unless otherwise indicated in the application, electronic communication shall be considered communication in writing. 34 68 Reference: §62.1-44.15:55B; §62.1-44.15:34A9VAC25-870-55 B9VAC25-870-108 §143-190 Pre-Construction Meeting Required No land disturbing activities shall commence until a Pre-Construction Meeting between the Administrator and the applicant, and the individual responsible for carrying out the plan has been conducted. The applicant shall notify the Administrator in advance to schedule the meeting on- site. §143-195 Issuance, Time Limit,Modification,Maintenance, Transfer and/or Termination of the Frederick County Permit and the VSMP Authority Permit A. Permit Issuance: Once the requirements for obtaining a County land-disturbing permit and coverage under the state general permit for discharges from construction activity (if applicable)have been met, including the receipt or verification of payment of all required permit fees in accordance with the fee schedule of§143-235, the Administrator will issue a Frederick County land disturbance permit and a VSMP Authority permit. Prior to the initiation of an application, by the owner of the subject property, the owner's agent, or any entity in which the owner holds an ownership interest greater than 50%, for a permit under this chapter, all delinquent real estate taxes and any other charges that constitute a lien on the subject property that are owed to the County and have been properly assessed against the subject property must be paid, unless otherwise authorized by the Treasurer; (Amended 09/12/2018) B. No transfer, assignment, or sale of the rights granted by virtue of a County land- disturbing permit shall be made unless a written notice of transfer and corresponding permit modification fee is filed with the Administrator and the transferee certifies agreement to comply with all obligations and conditions of the permit. The Administrator may require modification or revocation and reissuance of the VSMP Authority Permit to change the name of the permittee and incorporate such other requirements as may be necessary for the transfer; C. If land-disturbing activity has not commenced within 180 days of land-disturbing activity or VSMP authority permit issuance or ceases for more than 180 days, the Administrator may evaluate the existing approved ESC plan to determine whether the plan still satisfies local and state erosion and sediment control criteria and to verify that all design factors are still valid. If the previously filed ESC plan is determined to be inadequate a modified plan shall be submitted and approved prior to the resumption of land-disturbing activity; Reference: 9VAC25-840-80. B D. VSMP Authority Permits are effective for a fixed permit cycle of 5 years. Activities requiring a VSMP permit may obtain coverage at any time during the 5-year permit cycle and must be renewed if the permit has not been terminated prior to the end of the cycle. 35 69 The annual permit maintenance fees in §143-235 apply until the permit coverage is terminated or renewed; E. Land-disturbing activities for which VSMP Permit coverage was issued between July 1, 2009 and June 30, 2014 permit cycle may remain subject to the technical criteria of Part II C of the Virginia Stormwater Regulations for two additional permit cycles provided coverage under the original VSMP Permit is maintained. After two permit cycles have passed, or should the original VSMP Permit coverage not be maintained, portions of the project not under construction shall become subject to any new technical criteria adopted by the VSMP Authority after the original VSMP Permit coverage was issued; F. Land-disturbing activities for which VSMP Permit coverage was issued between July 1, 2009 and June 30, 2014 permit cycle may elect to modify the permit by paying the appropriate permit modification fee and request approval for compliance with the technical criteria of Part II B for any remaining portions of the project. Reference: §62.1-44.15:249VAC25-870-47. §143-200 Variances/Exceptions A. Frederick County may grant exceptions or modify the ESC requirements of activities if they are deemed inappropriate or too restrictive for site conditions by granting a variance. A variance may be granted under the following conditions: 1. At the time of plan submission, an applicant may request a variance from the requirements of an erosion and sediment control plan. The applicant shall explain the reasons for requesting variances in writing. Specific variances which are allowed shall be documented in the plan; 2. During construction, the person responsible for implementing the approved plan may request a variance in writing from the Administrator. The Administrator shall respond in writing either approving or disapproving such a request. If the Administrator does not approve a variance within 10 days of receipt of the request, the request shall be disapproved. Following disapproval, the applicant may resubmit a variance request with additional documentation; 3. The Administrator shall consider variance requests judiciously, keeping in mind both the need of the applicant to maximize cost effectiveness and the need to protect off- site properties and resources from damage. B. The Administrator may grant exceptions to the Technical Criteria of§143-165, SWM Plan Requirements. An exception may be granted provided that: 1. The exception is the minimum necessary to afford relief, 36 70 2. Reasonable and appropriate conditions shall be imposed as necessary upon any exception granted so that the intent of this chapter is preserved; 3. Granting the exception will not confer any special privileges that are denied in other similar circumstances, 4. Exception requests are not based upon conditions or circumstances that are self- imposed or self-created; and 5. Economic hardship alone is not sufficient reason to grant an exception from these requirements. C. Under no circumstance shall an exception to the requirement that the land-disturbing activity obtain required VSMP permits be granted, nor shall the use of a BMP not found on the Virginia Stormwater BMP Clearinghouse Website be approved. D. Exceptions to requirements for phosphorus reductions shall not be allowed unless offsite options available as described in §143-165B(8)have been considered and found not available. Reference: 9VAC25-8409VAC25-870-122 §143-205 Amendments to Approved Plans A. Amendments to an approved ESC plan may be made once the proposed change has been agreed to by the Administrator and the person responsible for carrying out the plan in the following cases: 1. Where inspection has revealed that the plan is inadequate to satisfy applicable regulations; or 2. Where the person responsible for carrying out the approved plan demonstrates that because of changed circumstances or for other reasons the approved plan cannot effectively be carried out, and proposed amendments to the plan are consistent with the requirements of this article. Reference: §62.1-44.15:55 C B. Amendments to an approved SWM Plan may be made only after review and written approval by the Administrator. An approved plan may be modified in accordance with the following: 1. The person responsible for carrying out the approved plan demonstrates in writing to the Administrator that because of changed circumstances or for other reasons the approved plan cannot effectively be carried out, and has proposed amendments to the 37 71 plan with all necessary calculations and documents consistent with the requirements of this chapter (refer to §143-165); 2. The Administrator shall have 60 calendar days to respond in writing either approving or disapproving such requests; 3. Based on an inspection, the Administrator may require amendments to the approved stormwater management plan to address any deficiencies within a time frame set by the Administrator. Reference: 9VAC25-870-108 C. Amendments to an approved SWPPP may be required in order to reflect changes in the implementation an approved ESC or SWM Plan. In addition to the requirements of Subsection A and B of this section, the site operator shall document the implementation of the provisions of the SWPPP as follows: 1. The operator shall amend the SWPPP whenever there is a change in design, construction, operation, or maintenance that may have a significant effect on the discharge of pollutants from the construction activity and that has not been previously addressed in the SWPPP; 2. The SWPPP must be amended if during inspections or investigations by the operator's qualified personnel, or by the Administrator, state or federal officials, it is determined that the existing control measures are ineffective in minimizing pollutants in stormwater discharges from the construction site; 3. Where revisions to the SWPPP include additional or modified control measures designed to correct problems identified, and where such revisions to the SWPPP require the Administrator's approval, the additional control measures shall be completed within seven calendar days of approval or prior to the next anticipated storm event. If implementation before the next anticipated storm event is impracticable,the situation shall be documented in the SWPPP and alternative control measures shall be implemented as soon as practicable; 4. Revisions to the SWPPP must be dated and signed in accordance with Section III of the VSMP permit. Changes to any component of an approved SWPPP with VSMP Permit coverage that result in changes to stormwater management plans or require additional review by the Administrator shall be subject to permit modification fees set out in §143-235. §143-210 Monitoring and Inspections During Activities A. Erosion and Sediment Control 1. The responsible land disturber, as provided by §62.1-44.15:52, shall oversee and is responsible for carrying out the land-disturbing activity and provide for periodic 38 72 inspections of the land-disturbing activity. The County may require the person responsible for carrying out the plan to monitor the land-disturbing activity. The person responsible for carrying out the plan will maintain records of these inspections and maintenance, to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation; 2. The County shall periodically inspect the land-disturbing activity in accordance with 9VAC25-840-60 of the Virginia Erosion and Sediment Control Regulations to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. The application for a permit shall include a provision for appropriate agents and employees of the County, at reasonable times, to go upon the property on which permission has been sought to conduct land-disturbing activities and to monitor such activities. The owner, permittee, or person responsible for carrying out the plan shall be given notice of the inspection; If the Administrator determines that there is a failure to comply with the plan, notice shall be served upon the permittee or person responsible for carrying out the plan by mailing with confirmation of delivery to the address specified in the permit application or in the plan certification, by electronic mail to the address specified in the permit application, or by delivery at the site of the land-disturbing activities to the agent or employee supervising such activities. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. Upon failure to comply within the specified time, the permit may be revoked and the permittee or person responsible for carrying out the plan shall be subject to the penalties provided by this ordinance. 3. Upon issuance of an inspection report denoting a violation of Va. Code §62.1- 44.15:55, -44.15:56, the Administrator may, in conjunction with or subsequent to a notice to comply as specified in this ordinance, issue an order requiring that all or part of the land-disturbing activities permitted on the site be stopped until the specified corrective measures have been taken. If land-disturbing activities have commenced without an approved plan, the Administrator may issue an order requiring that all of the land-disturbing activities be stopped until an approved plan or any required permits are obtained. Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, or where the land-disturbing activities have commenced without an approved plan or any required permits, such an order may be issued without regard to whether the alleged violator has been issued a notice to comply as specified in this 39 73 ordinance. Otherwise, such an order may be issued only after the alleged violator has failed to comply with such a notice to comply. The order shall be served in the same manner as a notice to comply and shall remain in effect for a period of seven days from the date of service pending application by the owner or permit holder for appropriate relief to the Circuit Court of the County. Said order shall be posted on the site where the disturbance is occurring and shall remain in effect until permits and plan approvals are secured. The owner may appeal the issuance of an order to the Circuit Court of the County. Any person violating or failing, neglecting or refusing to obey an order issued by the Administrator may be compelled in a proceeding instituted in the Circuit Court of the County to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. Upon completion and approval of corrective action or obtaining an approved plan or any required permits, the order shall immediately be lifted. Nothing in this section shall prevent the Administrator from taking any other action authorized by this ordinance. B. Stormwater 1. The VSMP Authority will inspect all regulated activities to ensure compliance with the approved ESC Plan in accordance with the County and state requirements. The owner, permittee or person responsible for carrying out the plan or agreement may be given notice of the inspection. Reference §62.1-44.15:58. 2. The County requires that storm-water management facilities be inspected, and the construction of such facilities are certified in accordance with Subsection D of§143- 210. The VSMP Authority may also inspect the construction of permanent stormwater management facilities at critical stages of construction and in accordance with the Virginia BMP Design Specifications to ensure compliance with the approved plans. Reference §62.1-44.15:37. 3. The right-of-entry for the VSMP Authority to conduct such inspections shall be expressly reserved in the permit. The permit holder, or his duly designated representative, shall be afforded the opportunity to accompany the inspectors. Reference §62.1-44.15:39 Right of entry 40 74 4. The County will accept the submittal of inspection reports certifying that the stormwater management facilities are being constructed in accordance with the approved plan conducted by: a) A person who is licensed as a professional engineer, architect, landscape architect, or land surveyor pursuant to Article 1 (§54.1-400 et seq.) of Chapter 4 of Title 54.1 of the Code of Virginia; b) A person who works under the direction and oversight of the licensed professional engineer, architect, landscape architect, or land surveyor; or c) A person who holds a certificate of competence in Stormwater Inspection from the Board. Reference §62.1-44.15:37. 5. The VSMP Authority will inspect all regulated activities covered by a VSMP authority permit to ensure the operator is conducting and documenting the operator inspections as required by the County and is appropriately updating the PPP as required by the County. The owner, permittee or person responsible for carrying out the plan or agreement may be given notice of the inspection. Reference A, B, & C above: 9VAC25-870-114 A: 6. All activities covered by a VSMP Permit shall be inspected by the operator in accordance with the requirements of the County. The operator shall maintain records of inspections and maintenance to determine whether the measures required in the ESC plan are effective in controlling erosion and sedimentation and to ensure compliance with the approved plan. Records shall be made available to the Administrator or the VSMP Authority inspector upon request. 7. Prior to the release of any performance bonds or termination of the VSMP Authority Permit, the applicant shall submit the required as-built drawings for the stormwater management facilities. The site shall be surveyed to determine actual field conditions, and the approved plans as annotated to reflect actual field conditions shall constitute the as-built drawing. As-built drawings shall include the following: 1. Storm sewer systems i. The general location of all drainage structures. ii. The storm structure top and all pipe invert elevations including end sections. iii. Storm pipe size, material and percent grade between inverts from structure to structure. iv. Spot elevations of the invert of all manmade ditches at 50-foot intervals. v. Extent of all riprap outfall protection. 2. Topographic survey of all constructed SWM/BMP facilities. 41 75 3. The location, size and/or material of all required BMP elements including but not limited to cleanouts, observation wells, overflow structures, gravel diaphragms, and flow spreaders. 4. Confirmation of the volume provided in all ponds and water quality structures. Deviations from the approved plans shall require new routings to confirm that the ponds will function as designed. 5. For residential projects, topographic survey of all disturbed common space areas to confirm that all slopes and swales are properly placed and that all drainage patterns have been established in accordance with the grading plan. 6. Detailed records of any variations of the work from the approved plans. Reference 9VAC25-870-108 8. Reports; recordkeeping a) On a fiscal year basis (July 1 to June 30), a VSMP authority shall report to the department by October 1 of each year in a format provided by the department. The information to be provided shall include the following: i. Information on each permanent stormwater management facility completed during the fiscal year to include type of stormwater management facility, geographic coordinates, acres treated, and the surface waters or karst features into which the stormwater management facility will discharge; ii. Number and type of enforcement actions during the fiscal year; and iii. Number of exceptions granted during the fiscal year. b) A VSMP authority shall keep records in accordance with the following: i. Project records, including approved stormwater management plans, shall be kept for three years after state permit termination or project completion; ii. Stormwater management facility inspection records shall be documented and retained for at least five years from the date of inspection; iii. Construction record drawings shall be maintained in perpetuity or until a stormwater management facility is removed; iv. All registration statements submitted in accordance with 9VAC25-870- 59 shall be documented and retained for at least three years from the date of project completion or state permit termination; §143-215 Monitoring and Inspections of Permanent Stormwater Management Facilities 42 76 A. Owners of stormwater management facilities shall be responsible for conducting inspections and performing maintenance in accordance with the recorded Stormwater BMP Maintenance Agreement as described in §143-165 and in accordance with county requirements. Regarding individual residential lots, such recorded instruments need not be required for stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located,provided it is demonstrated to the satisfaction of the Administrator that future maintenance of such facilities will be addressed through an enforceable mechanism at the discretion of the Administrator. Provisions for this are addressed in the County's SWP BMP Inspection and Maintenance Program manual; B. If a recorded instrument is not required pursuant to section §143-215.A, the Administrator shall develop a strategy for addressing maintenance of stormwater management facilities designed to treat stormwater runoff primarily from an individual residential lot on which they are located. Such a strategy may include periodic inspections, homeowner outreach and education, or other methods targeted at promoting the long-term maintenance of such facilities. Such facilities shall not be subject to the requirement for an inspection to be conducted by the Administrator; Reference 9VAC25-870-112 C. The Administrator will ensure that all stormwater management facilities are being inspected and maintained according to the following: 1. The Administrator shall track the 5-year frequency comprehensive inspection report submittals as required by the recorded maintenance agreement and in accordance with County requirements. The Administrator shall conduct maintenance inspections at a minimum of once every 5 years for certain BMPs as defined by County requirements; 2. The right-of-entry for the Administrator to conduct such inspections shall be expressly reserved in the Maintenance Agreements. The owner, or his duly designated representative, shall be afforded the opportunity to accompany the inspectors. D. The Administrator shall notify the property owner or owner's association in writing in accordance with §143-225.A to the address as identified in the SWM BMP Inspection and Maintenance Agreement when a determination has been made that the stormwater management facility is in disrepair or is not functioning as intended. The notice shall specify the measures needed to comply with the approved maintenance plan and shall specify the time within which such measures shall be completed. If the responsible party fails to perform such maintenance and repair, the county shall have the authority to initiate enforcement action in accordance with §143-225.D and perform the work and recover the costs from the responsible party. §143-225 Enforcement; violations and penalties 43 77 A. Erosion and Sediment Control: 1. Violators of this ordinance shall be guilty of a Class I misdemeanor; 2. Any person who violates any provision of Va. Code §§ 62.1-44.15:55, 62.1-44.15:56 may,upon a finding of the District Court of the County,be assessed a civil penalty. The civil penalty for any one violation shall be not less than $100 nor more than $1,000, except that the civil penalty for commencement of land-disturbing activities without an approved plan shall be $1,000. Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of$10,000, except that a series of violations arising from the commencement of land-disturbing activities without an approved plan for any site shall not result in civil penalties which exceed a total of$10,000. Any such civil penalties shall be in lieu of criminal sanctions and shall preclude the prosecution of such violation as a misdemeanor under Subsection A of§62.1-44.15:63; 3. The Administrator the owner or property which has sustained damage, or which is in imminent danger of being damaged,may apply to the Circuit Court of the County to enjoin a violation or a threatened violation of Va. Code §62.1-44.15:55, 62.1- 44.15:56, without the necessity of showing that an adequate remedy at law does not exist. However, an owner of property shall not apply for injunctive relief unless (i)he has notified in writing the person who has violated the local program, and the program authority, that a violation of the local program has caused, or creates a probability of causing, damage to his property, and (ii)neither the person who has violated the local program nor the program authority has taken corrective action within fifteen days to eliminate the conditions which have caused, or create the probability of causing, damage to his property. 4. In addition to any criminal or civil penalties provided under this ordinance, any person who violates any provision of the Erosion and Sediment Control Law may be liable to the County in a civil action for damages; 5. Without limiting the remedies which may be obtained in this section, any person violating or failing, neglecting, or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section shall be subject, in the discretion of the court, to a civil penalty not to exceed$2,000 for each violation. A civil action for such violation or failure may be brought by the County. Any civil penalties assessed by a court shall be paid into the treasury of the County, except that where the violator is the locality itself, or its agent,the court shall direct the penalty to be paid into the state treasury; 44 78 6. With the consent of any person who has violated or failed,neglected, or refused to obey any regulation or condition of a permit or any provision of this ordinance, or order of the VESCP authority the County may provide for the payment of civil charges for violations in specific sums,not to exceed the limit specified in this section. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under this section; 7. The Commonwealth's Attorney shall, upon request of the County, take legal action to enforce the provisions of this ordinance; 8. Compliance with the provisions of this ordinance shall be prima facie evidence in any legal or equitable proceeding for damages caused by erosion, siltation or sedimentation that all requirements of law have been met, and the complaining parry must show negligence in order to recover any damages; B. Stormwater 1. If, during inspections at any stage of the land-disturbing activity,the Administrator determines that the operator has failed to comply with the approved plan, including but not limited to failure to install or properly install stormwater BMPs or erosion and sediment controls, the Administrator shall serve a Notice to Comply upon the permittee or person responsible for carrying out the permit conditions as follows: i. Certified mail return receipt requested, sent to the address specified by the owner or permittee in his application or plan certification; ii. Electronic mail to the address specified in the permit application; or iii. Delivery at the site of the activities to the agent or employee supervising such activities. 2. The notice shall specify the measures necessary to comply with the plan or agreement in lieu of a plan and shall specify the time within which such measures shall be completed. 3. Stop Work Order: a) If a permittee fails to comply with a notice to comply issued in accordance with Subsection B (1)within the time specified, the Administrator may issue an order requiring the owner, permittee, or person responsible for carrying out the approved plan, to cease all land-disturbing activities until the violation of the permit has ceased or the specified corrective actions have been taken. Such orders shall become effective upon service on the person by certified mail, return receipt requested, sent to his address specified in the registration 45 79 statement,by electronic mail to the address specified in the permit application, or by personal delivery by an agent of the VSMP authority or Department. b) In addition to the cessation of all activities as described in a above, the permittee may also be subject having the VSMP Authority permit revoked; and furthermore, he shall be deemed to be in violation of this ordinance and, upon conviction, shall be subject to the penalties as provided in the Code of Virginia or by this ordinance; Reference: §62.1-44.15:63.; §62.1-44.15:48 c) Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in surface waters within the watersheds of the state, or where the activities have commenced without an approved plan, agreement in lieu of a plan or any required permits, such an order may be issued without regard to whether the owner or permittee has been issued a notice to comply; 4. If, at any stage of the activity,the VSMP Authority determines that the physical conditions on the site are not as stated or shown on the approved erosion and sediment control plan or stormwater management plan, or the county determines that the storm drainage system or stormwater management facility is inadequate or not constructed as shown on the approved stormwater management final plan, the VSMP Authority may refuse to approve further work and the county may revoke existing permits or approvals until a revised stormwater management final plan has been submitted and approved; 5. Commencing Activities without an Approved Plan or a Permit: a. If activities have commenced without an approved plan, agreement in lieu of a plan, or a VSMP Authority Permit where required, a stop work order may be issued requiring that all activities be stopped until an approved plan, an agreement in lieu of a plan or any required permits are obtained; b. The stop work order shall remain in effect for a period of seven calendar days from the date of service pending application by the Administrator or alleged violator for appropriate relief to the circuit court of the jurisdiction wherein the violation is alleged to have occurred. If the alleged violator has not obtained an approved plan, agreement in lieu of a plan or any required permits within seven days from the date of service of the order, the director may issue an order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan, agreement in lieu of a plan or any required permits have been obtained. The order shall be served upon the owner by registered or certified mail to the address specified in the permit application or the land records of the County or by electronic mail to the address specified in the permit application; 46 80 c. The owner may appeal the issuance of an order to the circuit court. 6. Maintenance of permanent stormwater facilities a. If during periodic inspections to ensure that stormwater management facilities are being adequately maintained as designed, the VSMP Authority identifies operational deficiencies and/or determines that the owner of the stormwater management facility has failed to perform maintenance or conduct maintenance inspections in accordance with the recorded SWM BMP Maintenance and Inspection agreement, the VSMP Authority shall notify the person or organization responsible for carrying out the requirements of the agreement. The notice shall specify the deficiencies, the corrective actions required to restore the facility, and the time frame within which the corrective actions shall be completed; b. If the individual or organization fails to comply with the notice within the time specified, the VSMP Authority may initiate informal and/or formal administrative enforcement procedures including but not limited to directives issued by the Board in accordance with §62.1-44.15:25, or civil penalties in accordance with this ordinance and §62.1-44.15:48. 7. Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance, order, approved standard or specification, or any permit condition issued by the VSMP Authority or any provisions of this chapter may be compelled in a proceeding instituted in any appropriate court by the VSMP Authority to obey same and to comply therewith by injunction, mandamus, or other appropriate remedy. Nothing in this section shall prevent the VSMP Authority from taking additional enforcement action permitted by state law; 8. Any person who violates any provision of this chapter or of any regulations or ordinances, or standards and specifications adopted or approved hereunder, including those adopted pursuant to a VSMP permit, or who fails, neglects, or refuses to comply with any order of the VSMP Authority, the Department, the board, or court, shall be subject to a civil penalty not to exceed $32,500 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense; Reference: §62.1-44.15:48Code of Virginia a. Violations for which a penalty maybe imposed under this subsection shall include but not be limited to the following: iv. No permit registration; V. No SWPPP; 47 81 vi. Incomplete SWPPP; vii. SWPPP not available for review; viii. Failure to install stormwater BMP or Erosion and Sediment Controls; ix. Stormwater BMPs improperly installed or maintained; X. Operational deficiencies; xi. Failure to conduct required inspections; xii. Incomplete, improper, or missed inspections; xiii. Discharges not in compliance with the requirements of the VSMP Construction General Permit; and xiv. No approved Erosion and Sediment Control Plan. b. The Administrator may issue a summons for collection of the civil penalty and the action may be prosecuted in the appropriate court. c. In imposing a civil penalty pursuant to this subsection, the court may consider the degree of harm caused by the violation and the economic benefit to the violator from noncompliance; d. Any civil penalties assessed by a court because of a summons issued by the County shall be paid into the treasury of the County to be used for the purpose of minimizing,preventing, managing, or mitigating pollution of the waters of the County and abating environmental pollution therein in such manner as the court may,by order, direct; 9. Notwithstanding any other civil or equitable remedy provided by this section, any person who willfully or negligently violates any provision of this chapter, any order of the County or the Department, any condition of a permit, or any order of a court shall be guilty of a misdemeanor punishable by confinement in jail for not more than 12 months and a fine of not less than $2,500 nor more than $32,500, either or both. Reference: §62.1-44.15;48 §143-230 Hearings A. Any permit applicant,permittee, or person subject to the Frederick County land- disturbing permit, VSMP authority permit, or state permit requirements under this article aggrieved by any action of the Department of Public Works taken without a formal 48 82 hearing, or by inaction of the Department of Public Works may demand in writing a formal hearing by the County Board of Supervisors, provided a petition requesting such hearing is filed with the Board of Supervisors within 30 days after notice of such action. Any hearings conducted by the Board of Supervisors shall be in accordance with §62.1- 44.15:45of the Code of Virginia. Hearings must be conducted by the Board of Supervisors at a regular or special meeting. In reviewing the agent's actions, the County Board of Supervisors shall consider evidence and opinions, and the County Board of Supervisors may affirm,reverse or modify the action. Verbatim record of proceedings must be taken and filed with the County Board of Supervisors. The County Board of Supervisors decision shall be final, subject only to review by the Circuit Court of the County. Reference: Right to hearing §62.1-44.15:45. Hearings §143-232 Appeals A. Any permittee or party aggrieved by a state permit or enforcement decision of the Frederick County Public Works under this article, or any person who has participated, in person or by submittal of written comments, in the public comment process related to a final decision of the Department of Public Works or Board of Supervisors under this article, whether such decision is affirmative or negative, is entitled to judicial review thereof in accordance with the provisions of the Administrative Process Act(§22-4000 et seq.) if such person meets the standard for obtaining judicial review of a case or controversy pursuant to Article III of the Constitution of the United States. Final decisions shall be subject to review and appeal to the Circuit Court of the County, provided an appeal is filed within 30 days from the date of any written decision adversely affecting the rights, duties, or privileges of the person engaging in or proposing to engage in the land disturbance activity occurs or is proposed to occur. Unless otherwise provided by law, the circuit court shall conduct such review in accordance with the standards established in § 2.2-4027, and the decisions of the circuit court shall be subject to review by the Court of Appeals. A person shall be deemed to meet such standard if(i) such person has suffered an actual or imminent injury that is an invasion of a legally protected interest and that is concrete and particularized; (ii) such injury is traceable to the decision of the Department or the Board and not the result of the independent action of some third parry not before the court; and (iii) such injury will likely be redressed by a favorable decision by the court. §143-235 Fees A. The Board of Supervisors, by resolution, may establish a schedule of fees for the application, modification, transfer and maintenance of stormwater/erosion and sediment control permits and plans. B. The fee for the Frederick County Permit and fees for coverage under the VSMP Authority Permit shall be imposed in accordance with Table 1. When a site or sites have been purchased for development within a previously permitted common plan of 49 83 development or sale,the applicant shall be subject to fees in accordance with the disturbed acreage of their site or sites according to Table 1. Reference: Part XIII of the VSMP Regulations Table 1: Fees for coverage under the VSMP Construction General Permit/VESCP Type of Permit Total Fee Paid Portion to be Paid by Applicant to DEQ VESCP permit fee (all land disturbing activities, excluding $500 + N/A individual single-family dwellings) $100/acre VESCP permit fee (land disturbing activities begun without permit, $1,500 + N/A excluding individual single-family dwellings) $200/acre VESCP permit fee for single family detached/attached residential structures within or outside a common plan of development or sale $290 N/A with land disturbance acreage less than five 5 acres VESCP permit fee (single family dwellings begun without permit) $580 N/A VESCP single family dwelling re-inspection fee $75 N/A VSMP General/ Stormwater Management- Small Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater $2 700 $756 than 1 acre and less than 5 acres VSMP General/ Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater $3 400 $952 than 5 acres and less than 10 acres VSMP General/ Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater $4 500 $1,260 than 10 acres and less than 50 acres VSMP General/ Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater $6 100 $1,708 than 50 acres and less than 100 acres VSMP General/ Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land disturbance acreage equal to or greater $9,600 $2,688 than 100 acres C. Fees for the modification or transfer of coverage under the VSMP Construction General Permit issued by the Administrator shall be imposed in accordance with Table 2. If the permit modifications result in changes to stormwater management plans that require 50 84 additional review by the Administrator, such reviews shall be subject to the fees set out in Table 2 based on the total disturbed acreage of the site. Modifications resulting in an increase in total disturbed acreage shall pay the difference in the initial state permit fee paid and the state permit fee that would have applied for the total disturbed acreage in Table 1. Table 2: Fees for the modification or transfer of registration statements for the VSMP Authority Permit for Discharges of Stormwater from Construction Activities Fee Type of Permit Amount VSMP General / Stormwater Management- Small Construction Activity/Land Clearing (Areas within common plans of development or sale $20 with land disturbance acreage less than 1 acre, (also includes single-family detached residential structures within or outside a common plan of development or sale with land disturbance acreage less than 5 acres) VSMP General/ Stormwater Management- Small Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land $200 disturbance acreage equal to or greater than 1 acre and less than 5 acres) VSMP General / Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land $250 disturbance acreage equal to or greater than 5 acres and less than 10 acres) VSMP General / Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land $300 disturbance acreage equal to or greater than 10 acres and less than 50 acres) VSMP General / Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land $450 disturbance acreage equal to or greater than 50 acres and less than 100 acres) VSMP General / Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land $700 disturbance acreage equal to or greater than 100 acres) D. Permit maintenance fees. (9VAC25-870-830): 1. The following annual permit maintenance shall be imposed in accordance with Table 3, including fees imposed on expired permits that have been administratively continued. With respect to the VSMP Authority Permit,these fees shall apply until the permit coverage is terminated; 2. VSMP Authority Permit coverage maintenance fees shall be paid annually to the VSMP Authority,by the anniversary date of VSMP Authority General Permit coverage, in accordance with Table 3. No VSMP Authority permit will be reissued or automatically continued without payment of the required fee. 51 85 VSMP Authority permit coverage maintenance fees shall be applied until a Notice of Termination is effective. Table 3: VSMP Authority Permit Maintenance Fees Fee Type of Permit Amount VSMP General / Stormwater Management- Small Construction Activity/Land Clearing (Areas within common plans of development or sale $50 with land disturbance acreage less than 1 acre, also includes single family detached residential structures within or outside a common plan of development or sale with land disturbance acreage less than 5 acres.) VSMP General / Stormwater Management- Small Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land $400 disturbance acreage equal to or greater than 1 acre and less than 5 acres) VSMP General / Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land $500 disturbance acreage equal to or greater than 5 acres and less than 10 acres) VSMP General / Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land $650 disturbance acreage equal to or greater than 10 acres and less than 50 acres) VSMP General / Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land $900 disturbance acreage equal to or greater than 50 acres and less than 100 acres) VSMP General / Stormwater Management—Large Construction Activity/Land Clearing (Sites or areas within common plans of development or sale with land $1,400 disturbance acreage equal to or greater than 100 acres) E. The fees set forth in Subsections A-C, above, shall apply to: 1. All persons seeking coverage under the VSMP Authority Permit or VESCP permit if VSMP not required; 2. All permittees who request modifications to or transfers of their existing registration statement for coverage under a VSMP Authority Permit; 3. Persons whose coverage under the VSMP Authority Permit has been revoked shall reapply for an Individual Permit for Discharges of Stormwater from Construction Activities; 4. Permit and permit coverage maintenance fees outlined under Subsection C may apply to each VSMP Authority Permit holder; 52 86 F. No VSMP Authority Permit application fees will be assessed to Permittees whose permits are modified or amended at the initiative of the VSMP Authority, excluding errors in the registration statement identified by the Director or errors related to the acreage of the site; G. All incomplete VSMP permit fee payments will be deemed as nonpayments, and the applicant shall be notified of any incomplete permit fee payments. Interest may be charged for late permit fee payments at the underpayment rate set forth in §58.1-15 of the Code of Virginia and is calculated monthly at the applicable periodic rate. A 10% late payment fee shall be charged to any delinquent(over 90 days past due) account. The Administrator shall be entitled to all remedies available under the Code of Virginia in collecting any past due amount; §143-240 Performance Bonds A. Prior to the issuance of any permit, the owner or permittee shall execute and file with the Administrator a Frederick County Erosion and Sediment Control and Stormwater Management Performance Agreement and cash escrow or irrevocable letter of credit(or other form of a performance bond as approved by the County attorney) in an amount determined in accordance with the Frederick County Bond Estimate Worksheet which shall be equal to the approximate total cost of providing erosion and sediment control and stormwater quality and quantity improvements as required by this ordinance and shown on the approved plans in addition to a 25% contingency of the total bond amount. B. The Frederick County Erosion and Sediment Control and Stormwater Management Performance Agreement and performance bond is to ensure that measures could be taken by the County at the applicant's expense should he fail, after proper notice as outlined in §143-225, within the time specified to initiate or maintain appropriate actions which may be required of him by the permit conditions because of his land-disturbing activity. If the County takes such action upon such failure by the applicant,the County may collect from the applicant for the difference should the amount of the reasonable cost of such action exceed the amount of the security held. C. Upon successful completion of the land-disturbing activity, to include submittal of the construction as-built drawings of permanent stormwater management facilities described in §143-165 and prior to termination of the VSMP Permit,the owner or permittee must provide written notification to the County. Upon verification of adequate stabilization of land disturbing activity in the project or any section thereof,the Administrator shall reduce, return, or terminate the required bond, cash escrow or irrevocable letter of credit to the owner within 60 days. D. If the applicant/owner fails to comply with the approved SWPPP as documented through the site inspections described in, and after proper notification,the Administrator may determine that the performance bond or escrow may be used to execute the plan. 53 87 Reference: §62.1-44.15:34; 9VAC25-870-104 D §143-245 Duration of Permit A. Any land disturbance permit granted pursuant to this section shall be in effect for no longer than five (5)years after the date of issuance. In addition, any permit granted by this section shall automatically expire as of the date of expiration for, or termination of any financial guarantee tendered by the applicant. If a permitted project is not completed within the five-year time frame, then the applicant must re-apply or appeal in writing to the Director for an extension of the grading permit period not to exceed an additional six months. Once a grading permit has been approved in writing by the County, the applicant shall have a period of six months (180 days)from the date of approval to submit and receive County approval of collateral for the project or the permit shall be considered expired. 54 88 MEMORANDUM TO: Public Works Committee FROM: Kevin C. Alderman, District Manager, Shawneeland Sanitary District DATE: May 18, 2021 SUBJECT: Request for Discussion In the FY22 budget the Sanitary District of Shawneeland has proposed a Tar& Chip project in the amount of$159,983.00.This project will cover 63,993 square yards or 5.46 miles of main trails in Shawneeland. During the May 3rd SSDAC meeting it was requested from a couple committee members that we get pricing for an asphalt overlay on the main trails in lieu of the tar&chip project as planned. The Tar&Chip process is called double seal. The 15Y layer consists of 0.3 gallons of CRS21- liquid asphalt topped with 30 pounds of#78 stone per square yard.The 2nd layer consists of 0.2 gallons of CRS21- liquid asphalt topped with 25 pounds of#8 stone per square yard.This process produces about 0.5" of thickness. We are currently requesting quotes for the cost of doing an asphalt overlay on about 4 miles of main trails.The asphalt overlay would consist of 1.5" of SM9.5A asphalt then a V wide layer of shoulder stone would have to be placed in order to protect the edges of the asphalt from cracking and breaking off. The Shawneeland Sanitary District Advisory Committee is requesting a discussion from the Public Works Committee regarding paving the roads in Shawneeland versus the tar &chip that has been done in the past. If there are any questions concerning the matter, please do not hesitate to contact me. cc: KCA/pms cc: file 89 m �Oi 8 Y go�' "a�w � JWf ()+ fl r #g F-q o I Zi O w i' 2 #�t o it F ' 3 b U y�? F w O H6 O Q v •z. OH H a m w n j c z m °'� 0 w o � Q uj o O Z a7ldpd H SIIVd a 06NIYRf LL o, o 0 aNasoa INTELOF a Fstd`�p. P 2 w I O 13 O 1t K p O Y Q ~'z �� CD SHW oOD a 0 o Z � d ooa I Opo 6 W p Y O � U � 8 ..eu:+u,m�• yJ W 4 U � p W Fw 4 p SHE ANDOAa Vq� sljsQUE'lpNHAa `t •� pOTOMA,,,�,-„�,� MiS ONTO m 00ja010 F o O bn H O Nnu 3NIHSNOOW OM U ` r�pgf g Q to w o Memorandum for Record 6 May 2021 Subject: Carry Forward of Funds from Fiscal Year 2020-2021 Budget to Fiscal Year 2021-2022 Budget Director of Public Works Frederick County Virginia ATTN Joe Wilder Dear Mr. Wilder, The Shawneeland Sanitary District Advisory Committee (SSDAC) is requesting that an amount of $300,000.00 be carried forward from the remaining funds of the FY 2020- 2021 Shawneeland Sanitary District budget, to the FY 2021-2022 budget. The intent of this request is to ensure adequate funds are available to pursue the possible asphalt of several main roads within the Shawneeland community. This request was discussed at the quarterly SSDAC meeting on 3 May, 2021 . All committee members were present and concurred with this course of action. If you have any questions, please let me know. Sincerely, Kenneth G. Baker SSDAC Chairman Copy Furnished: Kevin C. Alderman, District Manager, Shawneeland Sanitary District 91 BID TABULATION FORM pre-Bid Mandatory ❑ YES #N0 Bid # oopi- 12• Project fVame; �� a�rl SchvuP L Sal,c Department Issue Date Bid Opening Date Bid Opened By `�� : � 30 Missi Neal, Purchasing Manager 6m Enter Company Name Price or NA Yes/Complete; X=Nof ncorrmpiete v U c L Ow N Q L' to 0 a Bidder Company Name Base Bid d r r OiS(i told 'i v AVERAGE: #©IV/01 Dumber of Bids: 0 Notes: The County has not checked the tabulations for errors or made determinations that the bids meet the requirements and makes no claim that these are anything other than the prices entered and read aloud at the public bid opening. In case of any conflict, original bid submittals shall govern.Awards shall be made as outlined in the IFB to the lowest priced responsive and responsible vendor. Missing items may be requested after further review of bids 92 Hgalry School Lot Sale IFR-2021-12-ADAI BID FORM a.�rn tette_Corm Shail�3e Submittes3_a I3icI 'over aggs) Bid Number: FB-2021-12-ADM Title: Solicitation of Offers to Purchase Former Bryalry School Lot Bids Due: April 30,2021,at 2:00p.m.,local time. BIl9Dk4. CR1Id atte Will ttg Aclt)x cz G elep21 hnne Nuttrlter ) �_ ��z tnad.., ,ddre� / S�gn�atre In accordance with this solicitation,the above-named individual(the Bidder)offers to purchase the property described herein for the amount of: Xd Dollars Sr and if his/her bid is accepted by the County,the bidder will execute the AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE included in this solicitation. 93 Bryalry School Lot Sale IFB-10121-12-ADM BID FORM (Completed Form Shall Be Submitted as Bid Cover Pa es} Bid Number: FB-2021-12-ADM Title: Solicitation of Offers to Purchase Former Bryalry School Lot ids Due: April M,2021,at 2:00p.m.,local time. BIDDER INFORMATION Name Benjamin Owens Heslep Mailing Address 1446 Greystone Terrace Winchester, VA 22601 Telephone Number ( 540 336 - 5415 mail Address Oldtowntree100@gmail.com Signature In accordance with this solicitation,the above-named individual(the Bidder)offers to purchase the property described herein for the amount of: Forty Two Thousand One Hundred Dollars ($ 42,100.00 l __ fy and if his/her bid is accepted by the County,the bidder will execute the AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE included in this solicitation. 94 73rd-ulYv School Lot Sale 11-11.MO21-I2-ADA1 DID FORM tG.c4rz}>l ccai 1 gii f.Sfzali I3e' lbolwcd a";Bid cover_pallgs} Bid Number: IFB-2021-12-ADM Title: Solicitation of Offers to Purchase Former Uryal.ry School Lot Bids flue: Aprif30,2021,at 2:ODp.m.,local time. - � BIDDER INFORMATION Name WECO AP, LLC Mailing Address c/o Winchester Equipment Co. 121 Indian Hollow Rd Winchester,Virginia 22603 Telephone Number 540 667 2244 (ext 117) Email Address Scott.Carnell@winchesterequipment.com Signature In accordance with this solicitation,the above-named individual (the Bidder)offers to purchase the property described herein for the amount of: One Hundred One Thousand Seven Hundred.Fifty 101,750.00 Dollars 5 and ifhis/her bid is accepted by the County,the bidderwill execute fhe AGREEMENT FOR PURCHASE ANIS SAFE OF REAL ESTATE included in this solicitation, 95 co 4 COUNTY of FREDERICK Department of Public Warks 5401665-5643 y�1738 FAX: 540/678-0682 MEMORANDUM TO: Public Works Committee FROM: Joe C. Wilder,Director of Public Works J. k SUBJECT: Monthly Tonnage Report-Fiscal Year 19/20 DATE: May 4,2021 The following table shows the tonnage for the months of July 2020 through June 2021. The average monthly tonnage for fiscal years 03/04 through 20/21 are also listed below: FY 03-04: AVERAGE PER MONTH: 16,348 TONS(UP 1,164 TONS) FY 04-05: AVERAGE PER MONTH: 17,029 TONS(UP 681 TONS) FY 05-06: AVERAGE PER MONTH: 17,785 TONS(UP 756 TONS) FY 06-07: AVERAGE PER MONTH: 16,705 TONS(DOWN 1,080 TONS) FY 07-08: AVERAGE PER MONTH: 13,904 TONS(DOWN 2,801 TONS) FY 08-09: AVERAGE PER MONTH: 13,316 TONS(DOWN 588 TONS) FY 09-10: AVERAGE PER MONTH: 12,219 TONS(DOWN 1,097 TONS) FY 10-11: AVERAGE PER MONTH: 12,184 TONS(DOWN 35 TONS) FY 11-12: AVERAGE PER MONTH: 12,013 TONS(DOWN 171 TONS) FY 12-13: AVERAGE PER MONTH: 12,065 TONS(UP 52 TONS) FY 13-14: AVERAGE PER MONTH: 12,468 TONS(UP 403 TONS) FY 14-15: AVERAGE PER MONTH: 13,133 TONS(UP 665 TONS) FY 15-16: AVERAGE PER MONTH: 13,984 TONS(UP 851 TONS) FY 16-17: AVERAGE PER MONTH: 14,507 TONS(UP 523 TONS) FY 17-18: AVERAGE PER MONTH: 15,745 TONS(UP 1,238 TONS) FY 18-19: AVERAGE PER MONTH: 16,594 TONS(UP 849 TONS) FY 19-20: AVERAGE PER MONTH: 16,973 TONS(UP 379 TONS) FY 20-21: AVERAGE PER MONTH:16,367 TONS(DOWN 380 TONS) MONTH FY 2018-2019 FY 2019-2020 FY 2020-2021 JULY 17,704 17,956 17,677 AUGUST 18,543 17,267 16,517 SEPTEMBER 14,799 17,985 16,789 OCTOBER 18,158 22,528 20,127 NOVEMBER 15,404 17,304 15,432 DECEMBER 14,426 14,362 15,496 JANUARY 13,973 14,913 14,480 FEBRUARY 12,764 13,380 12,030 MARCH 17,079 15,533 18,758 APRIL 20,313 17,475 18,627 MAY 19,443 17,010 JUNE 16,519 17,968 JC W/gmp 96 ti 00 O O M O O O O O O O N M ti O V (O O ti (O N ti 00 ti V O) Cl) O) N O LO O 00 (O (O O O 00 M M M(O 00 O (O N N 00 OD (O (0 (O 00 M N ti� M O O V M 00 O V V 0 00 00 N (O ti O) O) V N 00 � � 00 O N N N V N (O 00 N M M O) (O — (O O V O M O 00 L(7 N 00 00 00 V V O) O J ti ; (O O Lf) O Lf) N (O ti ti Lf) N ON N (O ti (O OCT O 00 N Lf) D O O M O) Lf) QILf) Lf) O Cl) Cl) O L(7 (O 00 ti O V LO ti CO N 0) N V (O N O O) CO 0) O 00 CO (O ti 0) V O NT LO Lf) LO L(7 LO V Cl) (O LO O N N N N (O O O ti (O V CO 0) CO 0) 00 (O (O N — V CO O V CO CO 0) 0 Lf) 0 0 0 0 0 0 Lf) Lf) Lf) Lf) Lf) Lf) M N N N N N N N N N N N ti H 00 00 O O O O O O O r O O ti M V M LO M M ti M 0 0 0 0 0 0 0 0 0 0 ti V N O V O V N N (O N O LO O V V N N M ti O O L(7 M ti N 00 CO 00 V N 00 N V ti 00 O) M r O) O) L(! 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Those in attendance were Ken Baker, Barry Van Meter,Jeff Stevens,George Bishop,Jason Croasdale(via phone), Kevin Alderman, and Director of Public Works,Joe Wilder.Supervisor Shawn Graber and Michelle Springer were absent. Due to the Coronavirus pandemic social distancing guidelines,residents were unable to sit in on the meeting but could wait outside till their turn to enter the building and speak on their concerns. Ken called for approval/correction of the February meeting minutes.The minutes passed unanimously. Manager's Report: See Attached Manager's Report.(Attachment A) New Business: Tiny Homes: • Ken Baker spoke on the concern that realtors are telling prospective residents that they can put tiny homes in Shawneeland.This is something we need to be cognitive of tiny homes in Shawneeland.As of right now there are as many as 25 tiny homes in Shawneeland. George Bishop asked which realtors are giving this information. Ken did not have specific realtors' names. Videolrelecom m u n ications: • Jason has done a great job handling the video and putting it on Facebook.The video helps get the word out and to get more involvement from the residents.We would like to work with Joe Wilder to see about having the IT Department come out and do an assessment of the internet/broadband service at the office so we can stream the meetings.The cost should be nominal and that could fit into the budget. Use of the Parking Lots: • Ken said he would like for the committee to agree on how to handle the residents wanting to use the parking lots to hold yard sales.Allowing yard sales to be held at the parking lots could be a deterrent for potential home buyers. Ken thinks if residents want to hold a yard sale they should do so on their own property. Tar& Chip: • You can tell the roads are failing from the freezing weather and salt.Good quality roads are one of the things that attract people to this community. We do not want to let the roads get out of our control. Kevin is already preparing the roads for grader patching and tar&chip in the fall. • Jeff would like to see a different approach by being reactive versus proactive. He noticed that when the tar&chip was done previously, it has no structural support. It does not really seal anything up with gaps in between the strips of tar. He would like to 100 see the grader patching continue.This would build up a structural support to the road and seal it within itself.Over time we could have a decent road and come back to it in 3 to 5 years and reevaluate it to see if tar&chip would be a good idea.Would just like to see us try something different.Jeff would like to see a hold put on the upcoming tar& chip project to see if they can come up with a better way. • Ken asked Jeff and Jason to form a subcommittee to research some alternatives to tar& chip.They will report their findings at the next SSDAC meeting. • Joe stated that if the committee wants to recommend something different and have a discussion then we can take it to the Public Works Committee, and they can look into it. The biggest thing with paving is you do not get very many miles for the same dollar as tar&chip. He stated that doing tar&chip is the best option for the money. • Barry spoke about the trade-off between the 2 ideas.The upfront cost of paving is higher but the maintenance cost over time of a paved road is lower than a tar&chip road.You have to tar&chip a road more often than if the road was paved. He would like to see the main roads paved because they get hit the hardest,skip a year,and then reassess the roads to see if tar&chip would need to be done. if tar&chip would not need done,then we could pave some more roads.This would give us a longer term with the roads. • Jason said it should be put out to the public for the next meeting. It should be known if the SSDAC is planning to triple the spending on the roads.We want to have the information ready by the next meeting. • The consensus is to table the tar&chip project and add the unused funds from FY20/21 to FY21/22 for a paving project.Once the paving project quotes have been received, if the committee is good with the numbers then we would get with the Finance Department to do an actual bid. SSDAC Files&Historical Information Missing: • There are years of minutes and a lot of history on Shawneeland missing from the SSDAC filing cabinet that is in the meeting room of Shawneeland.There are only a few people who had access to the cabinet so if anyone would know where those files are could they return them to the office or to Ken. Public Comments: • Jimmy Smith—He spoke on the Open House and how it could be beneficial to many of the items on the agenda. He spoke on the missing files and how it came to be known that they were missing. • Rhonda Sargent—Via Email: First, I would like to say thank you to the staff for what they do and continue to do for those of us that reside/own property here. Next, l would like to say that 1 hope the current tar and chip program will continue as it has in the past. It's very important to continue to keep the roads in Shawneeland on a scheduled maintenance program. If not,the roads will fall into disrepair.Once this occurs it will be more costly in the long run to bring them back up to where they need to be to remain functional.Additionally, these roads help with the value of your home/property. For example,take a home for 101 sale in Shawneeland and look at the same type/size home in Mt. Falls Park/Wilde AcresMFP/WA).You will notice a definite difference in the price the two homes offered for sale.One of the reasons why is that most of the roads in MFP/WA are gravel-not tar and chipp.Their roads are not maintained very well(if at all). The last record of their maintenence was in 2018 and 2019 see attached spreadsheet.Although they pay less in their fees than we do,they get what they pay for and so do we. I would also like to bring up something that had been brought up at previous meetings which is having Shawneeland change from a sanitary district to a homeowners' association(HOA)or even worse,a property owners'association like MFP/WA.There are a lot of benefits to Shawneeland being a sanitary district.Some of which are that we have our own staff to do minor road repairs, mowing,etc of common areas,snow removal etc.With an HOA,our fees would more than likely increase because you'd have to sub all those items out.A contactor when submitting a bid for these services is going to be more expensive as you're paying for their man hours as well as their equipment hours(and wear and tear),and possibly mobe and demobe of said equipment.Plus, during a major weather event how long would it take the contractor(s)to respond? Then you have an HOA board,who would monitor them?What about collection of past due HOA fees?That would cost money to file judgements(if you ever collected the money) if not you'd still have to pay an attorney for their services.As it is now,the treasurer has the ability to offer the properties for sale to collect the back due taxes and sanitary district fees when they get to an amount that would make it worthwhile for the county as well as Shawneeland. Committee Comments: • George Bishop asked if the Lake is being drained? Kevin responded that the lake is not being drained.There are guidelines that must be followed according to the State of VA. If the lake gets above a certain level,then we do release some water to get it back to the safe level. Ken adjourned the meeting. 102 Attachment A FREDERICK COUNTY SANITARY DISTRICT OF SHAWNEELAND MANAGER'S REPORT — MAY 2021 Cherokee Lake: The lake has made a remarkable recovery over the past 3 months. The lake level on December 3, 2020 was -129" and by March 8, 2021 the lake level was +11.5". This is the highest lake level since July 2, 2018 when the lake level was +12". On March 17, 2021 the lake level was 7" above full pool. With the weather forecast calling for up to 2" of rain I decided to begin the lowering process by turning on 1 siphon and charging a 2nd to have on standby in case we needed an additional discharge. I base my decisions on lowering the lake by the weather forecast that is given. It is my duty as a Frederick County employee to operate and maintain the dam pursuant to the provisions of the Dam Safety Act (Section 10.0-604 et Sep./Code of Virginia). I will continue to make decisions based on the most recent weather report. Mowing Season: Mowing season is here once again, and staff will be cutting the common grounds once a week for as long as it is needed. Along with mowing, the staff will be weed eating and spraying weeds as needed. We will also begin mowing along the trails beginning in June. This will continue until fall. Tree Removal: The staff has completed cutting trees for the time being. We will start the cutting process again in the fall. We will use a tree contractor on May 26th to remove some tree's that are unsafe for the staff to remove. Please keep in mind that we still have lots of wood laying on the right of way's for citizens to utilize. Beach Season: We will follow the lead of how the Frederick County Parks and Recreation is handling the opening of public pools this year as to the opening of the beach. Once we receive this information, we will prepare the beach accordingly. 103 Attachment A Grader Patching: The staff will begin grader patching this month. We will concentrate on the trails that will be receiving Tar & Chip this fall. Then we have several trails that are in desperate need of asphalting. If time allows, we will also be widening the following trails this summer/fall: Tomahawk, Maple, Tecumseh, and Bowman. Tar & Chip Preparation: The Shawneeland staff begins preparing the trails that are scheduled for Tar & Chip in the fall. Before the scheduled work, we cut trees and brush over- hanging limbs throughout the fall and winter as the weather allows. We also replace any drainage culverts during this time as weather allows. During the spring months we finish any tree cutting that was not achieved during the winter. The staff then begin taking care of any drainage issues by working the shoulders and ditched in any location that need attention. We also replace any culverts that were not replaced during the winter months. During the month of May we begin grader patching these trails as the weather permits. Please keep in mind that this time of year is very busy with cutting grass, weed eating, spraying weeds, etc. This drastically slows down the process of preparing trails for Tar & Chip. 104 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: June 9, 2021 ��GrN Agenda Section: Consent Agenda Title: Request from the Public Works Committee to hold a public hearing on July 14, 2021: Revision to Frederick County Code Chapter 143-Stormwater/Erosion and Sediment Control Ordinance. (See Public Works Committee Report above) Attachments: 105 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: June 9, 2021 ��GrN Agenda Section: Consent Agenda Title: Request from the Public Works Committee to hold a public hearing on July 14, 2021: Sale of the old Albin Citizen Convenience Center at 174 Indian Hollow Road to the highest bidder-- Winchester Equipment with a bid in the amount of$101,750.00. (See Public Works Committee Report above) Attachments: 106 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: June 9, 2021 ��GrN Agenda Section: Consent Agenda Title: Resolution of Appreciation Honoring Retiring County Administrator Kris C. Tierney Attachments: BOS06-09-21 ResolutionHonoringKrisTierney.pdf 107 FREDERICK COUNTY BOARD OF SUPERVISORS RESOLUTION OF APPRECIATION KRIS C. TIERNEY WHEREAS,County Administrator Kris C.Tierney began his career having earned his B.S.degree from the State University of New York at Brockport and his M.S.degree from Virginia Polytechnic Institute and State University;and WHEREAS,Kris C.Tierney has announced his retirement effective July 1,2021,on the 3511,anniversary of the commencement of his career in local government;and WHEREAS,Kris has served in multiple key positions in Frederick County's administration as he continued to take on roles with increasing responsibility including Zoning Administrator,Deputy Director of Planning, Director of Planning, Assistant County Administrator, Deputy County Administrator, and finally County Administrator;and WHEREAS,during his tenure,Kris participated in numerous initiatives including the following: •drafting of the County's Rural Preservation subdivision regulations •creation of the Conservation Easement Authority and program •facilitating public engagement and preparation of the County's battlefield protection plans •securing numerous Battlefield Protection Program and Land and Water Conservation grants to assist with the purchase of portions of the Cedar Creek,Kernstown and Third Winchester battlefields •receiving an appointment to serve as a founding member of the Shenandoah Valley Battlefield National Historic District Commission where he chaired the Planning Committee which developed the Management Plan for the Historic District and later receiving a second appointment from the Secretary of the Interior to serve on the Cedar Creek and Belle Grove National Historic Park Advisory Commission •coordinating the creation of the Lake Holiday Sanitary District and securing bond financing through the Virginia Resource Authority to fund reconstruction of the Lake Holiday dam spillway •coordinating the purchase of Sunnyside Plaza for future County use WHEREAS, Kris has exercised extraordinary leadership and stewardship during his employment and has contributed unselfishly to the wellbeing of the community by serving on countless boards and committees such as the Northern Shenandoah Valley Regional Commission, the Virginia Chapter of American Planning Association Board of Directors, the Virginia Association of Counties, and the Virginia Local Government Managers Association where he served on the Executive Committee from 2007-09 and 2016-18;and WHEREAS,Kris was awarded VLGMA's Marcia Mashaw Outstanding Assistant Award in 2008 illustrating that his knowledge and guidance over the years have greatly benefitted the citizens of Frederick County as well as the employees of the County; NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors extends its highest commendation and gratitude to Kris C.Tierney for his years of outstanding service on behalf of the citizens of Frederick County and conveys its best wishes to him in all his future endeavors. BE IT FURTHER RESOLVED that this resolution be spread across the minutes of the Frederick County Board of Supervisors for all citizens to reflect upon the accomplishments of this public servant. ADOPTED this 9th day of June 2021. Charles S.DeHaven,Jr. Robert W.Wells Chairman Opequon District Supervisor J.Douglas McCarthy Blaine P.Dunn Gainesboro District Supervisor Red Bud District Supervisor Shawn L.Graber Judith McCann-Slaughter Back Creek District Supervisor Stonewall District Supervisor David D.Stegmaier Shawnee District Supervisor 108 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: June 9, 2021 ��GrN Agenda Section: Consent Agenda Title: Resolution Seeking Waiver from Virginia Department of Elections for Split Precincts Attachments: BOS06-09-21 SplitPrecinctWaiver.pdf 109 COUNTY OF FREDERICK 4r Roderick B.Williams County Attorney 540/722-8383 ''��� Fax 540/667-0370 E-mail rwillia@fcva.us MEMORANDUM TO: The Honorable Chairman and Members of the Board of Supervisors FROM: Roderick B. Williams, County Attorney DATE: June 4, 2021 RE: Resolution for Authorization to Apply for Waiver to Allow Split Precincts Chapter 1268 of the Acts of the 2020 General Assembly Session enacted certain amendments to Virginia Code § 24.2-307, seeking to eliminate the existence of so-called"split precincts". A copy of Chapter 1268 is attached. A "split precinct"is a precinct that includes more than congressional district, Senate district, House of Delegates district, or local election district. In such instances, despite voters being in the same precinct, different voters in such a precinct are entitled to vote for offices in different districts from one another, or for different offices. This requires election officials at the same precinct to use two different ballots, depending upon a voter's particular residence location with the precinct, and to ensure that a voter receives the correct ballot. Frederick County has two such "split precincts",the Cedar Creek precinct, which encompasses voters within the Town of Middletown and outside the Town of Middletown, and the Newtown precinct, which encompasses voters within the Town of Stephens City and voters outside the Town of Stephens City. Therefore, some voters in those precincts are entitled to vote for Town offices and some are not. The amended § 24.2-307 requires that,if a locality is unable to establish a precinct with the minimum number of registered voters without splitting the precinct between two or more congressional districts, Senate districts, House of Delegates districts, or local election districts, it shall apply to the State Board of Elections on annual basis for a waiver to administer a split precinct.* Because of the delays in receiving the 2020 Census data,the County is and will be unable to establish new precinct boundaries for the November 2021 General Election and the Cedar Creek and Newtown precincts will remain"split precincts". Accordingly, a proposed 107 North Kent Street • Winchester, Virginia 22601 110 resolution authorizing the Director of Elections to apply for the waiver is attached and Board approval of the proposed resolution is requested. Attachments `Section 24.2-307 separately provides that each precinct in a county shall have no fewer than 100 registered voters. Given that the number of registered voters in each of the two Towns exceeds 100, without a waiver, the County would otherwise have to establish separate precincts for each of the two Towns for this November's election. Once the County does receive the Census data and undertakes the redrawing of precinct lines for future elections, consideration of seeking separate waivers for each future Town election or creating separate Town precincts will be necessary. 111 VIRGINIA ACTS OF ASSEMBLY -- 2020 RECONVENED SESSION CHAPTER 1268 An Act to amend and reenact § 24.2-307 of the Code of Virginia, relating to county and city precincts; required to be wholly contained within election districts; waiver for administration of a split precinct. [S 740] Approved April 22,2020 Be it enacted by the General Assembly of Virginia: 1. That § 24.2-307 of the Code of Virginia is amended and reenacted as follows: §24.2-307. Requirements for county and city precincts. The governing body of each county and city shall establish by ordinance as many precincts as it deems necessary. Each governing body is authorized to increase or decrease the number of precincts and alter precinct boundaries subject to the requirements of this chapter. At the time any precinct is established, it shall have no more than 5,000 registered voters. The general registrar shall notify the governing body whenever the number of voters who voted in a precinct in an election for President of the United States exceeds 4,000. Within six months of receiving the notice, the governing body shall proceed to revise the precinct boundaries, and any newly established or redrawn precinct shall have no more than 5,000 registered voters. At the time any precinct is established, each precinct in a county shall have no fewer than 100 registered voters and each precinct in a city shall have no fewer than 500 registered voters. Each precinct shall be wholly contained within my a single congressional district, Senate district, House of Delegates district, and election district used for the election of one or more members of the governing body or school board for the county or city. In each year ending in one, the governing body of each county and city shall establish the precinct boundaries to be consistent with any congressional district, Senate district, House of Delegates district, and local election district that was adopted by the appropriate authority by June 15 of that year. If congressional districts, Senate districts, House of Delegates districts, or local election districts have not been adopted by the appropriate authority by June 15 of a year ending in one, the governing body may use the congressional districts, Senate districts, House of Delegates districts, or local election districts as such districts existed on June 15 of that year as the basis for establishing the precinct boundaries to be used for the elections to be held in November of that year. Such governing body shall establish precinct boundaries to be consistent with any subsequent changes to the congressional districts, Senate districts, House of Delegates districts, or local election districts. If a governing body is unable to establish a precinct with the minimum number of registered voters without splitting the precinct between two or more congressional districts, Senate districts, House of Delegates districts, or local election districts, it shall apply to the State Board for a waiver to administer a split precinct. The State Board may grant the waiver or direct the governing body to establish a precinct with fewer than the minimum number of registered voters as permitted by § 24.2-309. A governing body granted a waiver to administer a split precinct or directed to establish a precinct with fewer than the minimum number of registered voters may use such a precinct for any election held that year. The governing body shall establish by ordinance one polling place for each precinct. 112 • BOARD OF SUPERVISORS RESOLUTION AUTHORIZING THE COUNTY DIRECTOR OF ELECTIONS TO FILE WITH THE VIRGINIA DEPARTMENT OF ELECTIONS A WAIVER APPLICATION TO ADMINISTER EXISTING SPLIT PRECINCTS FOR THE NOVEMBER 2021 GENERAL ELECTION WHEREAS, Section 24.2-307 of the Code of Virginia, 1950, as amended at the 2020 Session of the General Assembly (Chapter 1268), mandates that"In each year ending in one, the governing body of each county... shall establish the precinct boundaries to be consistent with any congressional district, Senate district, House of Delegates district, and local election district that was adopted by the appropriate authority by June 15 of that year", such that no County election precinct shall be a"split precinct"that contains more than one congressional district, Senate district, House of Delegates district, or local election district; WHEREAS, Section 24.2-307 of the Code of Virginia further provides that"If congressional districts, Senate districts, House of Delegates districts, or local election districts have not been adopted by the appropriate authority by June 15 of a year ending in one,the governing body may use the congressional districts, Senate districts, House of Delegates districts, or local election districts as such districts existed on June 15 of that year as the basis for establishing the precinct boundaries to be used for the elections to be held in November of that year"; WHEREAS, Section 24.2-307 of the Code of Virginia further provides that"If a governing body is unable to establish a precinct with the minimum number of registered voters without splitting the precinct between two or more congressional districts, Senate districts, House of Delegates districts, or local election districts, it shall apply to the State Board for a waiver to administer a split precinct"; WHEREAS,the County of Frederick, Virginia Director of Elections has advised that the County has the following split precincts: Precinct Name Split Type 104—Cedar Creek Town Boundary—Middletown 502—Newtown Town Boundary— Stephens City WHEREAS, due to significant delays with the release of necessary 2020 United States Census data,the County is unable to initiate, for the November 2021 General Election, the decennial analysis required by the Constitution of Virginia and applicable statutes for adjustments of the boundaries for local election districts and precincts, necessitated by population changes, and which would include reconfiguration of the precinct boundaries as required by Section 24.2-307 of the Code of Virginia; 113 NOW,THEREFORE,BE IT RESOLVED that the Frederick County Board of Supervisors APPROVES application to the State Board of Elections for a waiver to administer the aforementioned split precincts, and hereby DIRECTS the Director of Elections & General Registrar of Frederick County to apply for such waiver. ADOPTED this 9th day of June, 2021. Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Blaine P. Dunn David D. Stegmaier Judith McCann-Slaughter Kris C. Tierney Clerk, Board of Supervisors County of Frederick, Virginia 114 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: June 9, 2021 ��GrN Agenda Section: Consent Agenda Title: Resolution authorizing County participation in State Corporation Commission Case PUR-2021-00054, Application of Shenandoah Valley Electric Cooperative for a general increase in electric rates Attachments: BOS06-09-21 SVEC-RatelncreaseApp.pdf 115 COUNTY OF FREDERICK r Roderick B. Williams County Attorney ® � 540/722-8383 173 8 Fax 540/667-0370 173 E-mail rwillia@fcva.us MEMORANDUM TO: The Honorable Chairman and Members of the Board of Supervisors FROM: Roderick B. Williams, County Attorney DATE: June 4, 2021 RE: Shenandoah Valley Electric Cooperative rate increase application I received, on May 19, an Order for Notice and Hearing entered by the State Corporation Commission (SCC), formally informing of a rate increase application by Shenandoah Valley Electric Cooperative (SVEC). SVEC provides electric service to over half the geographic area of the County, including a substantial portion of the County west of Interstate 81. The SCC indicates that the requested increase would represent a monthly bill increase of$2.98, from $113.07 to $116.05, or 2.64%, for the "typical residential customer" using 1,000 kilowatt-hours of electricity each month. The County has in the past participated in these cases and my recommendation is that participation again, in the current case, would be appropriate, especially given the reach of SVEC's service in the County and the corresponding large role of the County's SVEC ratepayers relative to SVEC as a whole (SVEC has more meters— accounts—in Frederick County than in any of the other 12 counties/cities it serves). The Commission has ordered that notices of participation are due for filing with the SCC by July 9, 2021. Therefore, the Board's June 9 meeting is its last scheduled meeting before notices of participation are due. Accordingly, a proposed resolution authorizing County participation in the proceeding is attached and Board approval of the proposed resolution is requested. Attachment 107 North Kent Street • Winchester, Virginia 22601 116 .f , I W y1gGINl BOARD OF SUPERVISORS RESOLUTION June 9, 2021 WHEREAS, Shenandoah Valley Electric Cooperative provides electric service to County residents; and WHEREAS, Shenandoah Valley Electric Cooperative has filed with the State Corporation Commission an application, docketed as Case Number PUR-2021-00054, for an overall increase in its rates, such increase proposed to be approximately 2.64%; and WHEREAS, energy costs represent a significant burden to County residents and businesses; and WHEREAS, participation by the Board of Supervisors as a respondent in State Corporation Commission Case Number PUR-2021-00054 would be beneficial toward ensuring fair and reasonable electricity service rates for County residents and businesses served by Shenandoah Valley Electric Cooperative; NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors authorizes the filing by the County Attorney on its behalf of a Notice of Participation as a Respondent in State Corporation Commission Case Number PUR-2021-00054 and the taking of such actions as are appropriate in such proceeding toward ensuring fair and reasonable electricity service rates for County residents and businesses served by Shenandoah Valley Electric Cooperative. 117 Adopted this 9t" day of June, 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 Clerk Frederick County Board of Supervisors 2 118 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: June 9, 2021 ��GrN Agenda Section: Consent Agenda Title: Resolution for Addition to Secondary System of State Highways - Constitution Drive Attachments: BOS06-09-21 Road ResConstitutionDrive.pdf 119 f ` COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fax: 540/665-6395 Memorandum To: Frederick County Board of Supervisors From: Mark R.Cheran,Zoning and Subdivision Administrator ' Date: May 24,2021 RE: Constitution Drive The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as required,is hereby guaranteed: Constitution Drive— State Route 1619 0.18 miles Constitution Drive—State Route 1619 0.10 miles Staff is available to answer any questions. MRC/slc 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 120 4�GK C01 RESOLUTION w BY THE ,{1739 FREDERICK COUNTY BOARD OF SUPERVISORS The Board of Supervisors of Frederick County, in regular meeting on the 9th day of June, adopted the following: WHEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM-4.3 to the secondary system of state highways, pursuant to 33.2-705, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED,this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts,Pills and drainage; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. 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 PDRES #20-21 121 In Frederick County 37494315 by Resolution of the governing body adopted June 9,2021 The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body's resolution for changes to the secondary system of state highways. A Copy Testee Signed(County Official): Report of Changes in the Secondary System of State Highways Project/Subdivision: Constitution Drive Addition - New subdivision street §33.2-705 Rte Row Number No. Recordation Width Street Name From Termini To Termini Length Lanes Reference 0.10 mile Instrument Constitution northeast of #200018192 1619 Drive Route 50 East Cul-de-sac 0.18 2 Pg 0613 80' 0.10 mile northeast Instrument Constitution Intersection with of Route #200018192 1619 Drive Route 50 East 50 East 0.1 3 Pg 0613 80' Page: 1/1 122 'r ` r Board of Supervisors Agenda Item Detail . Meeting Date: June 9, 2021 ��GrN Agenda Section: Consent Agenda Title: Resolution Approving Modification of Existing EDA Issued Debt— The Village at Orchard Ridge, Inc. Attachments: BOS06-09-21 ResModification Revenue Bonds-OrchardRidge_Redacted.pdf 123 r COUNTY of FREDERICK ` Office of the County Administrator 173 Tel: 540.665.6382 Fax: 540.667.0370 MEMORANDUM To: Frederick County Board of Supervisors From: Jay E. Tibbs, Deputy County Administrator Date: June 4, 2021 Re: Resolution Approving Modification of Existing EDA Issued Debt—The Village at Orchard Ridge, Inc. Attached is a consenting resolution approving a modification to existing EDA issued debt for The Village at Orchard Ridge,Inc. By way of background, The Village at Orchard Ridge construction project was originally financed in December 2014 with approximately$67,835,000.00 of tax-exempt bonds (the "Series 2014 Bonds"),and construction was subsequently completed. Construction resulted in the addition of 108 independent living apartments, 10 skilled nursing beds and the expansion of dining facilities and wellness center. The Village at Orchard Ridge was completed and available for occupancy in 2017 and has since filled. Per this modification,The Village at Orchard Ridge intends to reduce the interest rate on the outstanding balance of the Series 2014A Bonds ($34.7M)from 6.25%to 6.00%while,at the same time,extend the final maturity by 5 years from 2044 to 2049.Applicant intends to reduce the spread on the 10 year MMD interest rate reset value from 500 bps to+320 bps for the remaining amount of Series 2014B Bonds (9.4M)while, at the same time,extend the final maturity by 5 years from 2044 to 2049. Existing bondholders would receive an increase in the call protection by 5 years from what is currently included in the bond documents.Both TVOR and its residents will benefit from reduced interest expense over the remaining life of the Series 2014A and 2014B Bonds.The EDA has the authority to issue revenue bonds to be used in financing the acquisition,construction or equipping of various types of facilities. In order to qualify,a facility must be one of the following: a non-profit 501(c)(3) entity or a for-profit "manufacturing facility," as defined by the Internal Revenue Code. Interest on qualified bonds issued by the EDA is exempt from taxation under the Internal Revenue Code. The availability of this tax benefit generally results in a lower interest rate for the user of the borrowed funds. It is important to note that the revenue bonds do not constitute a general obligation of the EDA,nor will the full faith and credit of Frederick County or the Commonwealth of Virginiapledged to the payment of any such bonds. The EDA receives an administrative fee on the bond amount. The EDA recommends the Board approve the modifications to this bond financing. Representatives from the bond counsel and Village at Orchard Ridge will be at the meeting to address any questions the Board might have. Attachment 107 North Kent Street•Winchester,Virginia 22601 124 At a regular meeting of the Board of Supervisors of the County of Frederick, Virginia,held on the 9th day of June,2021,the following members were recorded as present: PRESENT: On motion by , seconded by the attached Resolution was adopted by a majority of the members of the Board of Supervisors of the County of Frederick, Virginia by a roll call vote, the votes being recorded as follows: MEMBER VOTE 125 BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA Jane 9, 2421 A. The Economic Development Authority of the County of Frederick, Virginia(the "Authority") has considered the application of The Village at Orchard Ridge, Inc., a Virginia nonstock corporation (the "Borrower"), requesting the Authority enter into modifications of its Residential Care Facility Revenue Bonds (The Village at Orchard Ridge, Inc.), Series 2014 (the "Bonds"). The Authority originally issued the Bonds in 2014 and loaned the proceeds thereof to the Borrower. B. The Borrower used the proceeds of such Bonds for the following purposes (collectively the "Project"): financing (i) capital improvements at the Borrower's facilities located at 400 Clocktower Ridge Drive, Winchester, Virginia 22602 in Frederick County, known as The Village at Orchard Ridge (the "Facilities"), consisting primarily of(1) the construction and equipping of a new four story independent living building, (2) the construction and equipping of a new three story independent living building, (3) the construction and equipping of a one story skilled nursing building, (4) the expansion of the dining facilities, (5) the expansion of the wellness center, and (6) certain other capital improvements at the Facilities, (ii) a debt service reserve fund, (iii) capitalized interest and (iv) the costs of issuing the Bonds and other eligible expenditures. C. The Authority held a public hearing on the Borrower's application on June 3, 2021, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"). Section 147(f) of the Code also provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the Bonds. D. The Authority issues its bonds on behalf of the County of Frederick, Virginia(the "County"); the Project is located in the County, and the Board of Supervisors of the County of Frederick, Virginia (the "Board") constitutes the highest elected governmental unit of the County. E. The Authority has recommended that the Board approve the modifications of the Bonds. F. A copy of the Authority's resolution approving the modifications of the Bonds, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. The Board approves the modifications of the Bonds by the Authority for the benefit of the Borrower, as required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code to permit the Authority to assist the Borrower in financing the Project. 126 2. The approval of the modifications of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower. 3. This resolution shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of the County of Frederick, Virginia this 23'day of June, 2021. [SEAL] CIerk, Board of Supervisors County of Frederick, Virginia -2- 127 Form of EDA Resolution 145307012_2 128 RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA, APPROVING MODIFICATIONS TO THE TERMS OF ITS RESIDENTIAL CARE FACILITY REVENUE BONDS (THE VILLAGE AT ORCHARD RIDGE, INC.),SERIES 2014 The Economic Development Authority of the County of Frederick, Virginia (the "Authority") is duly organized under the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the "Act"). To further the Act's purposes, the Authority, at the request of The Village at Orchard Ridge, Inc. (the "Borrower"), has determined to enter into modifications of its Residential Care Facility Revenue Bonds (The Village at Orchard Ridge, Inc.), Series 2014 (the "Bonds") The Authority originally issued the Bonds under a Bond Trust Indenture dated as of December 1, 2014 (the "Indenture"), between the Authority and Wilmington Trust, National Association, as successor trustee (the "Trustee"). The proceeds of the Bonds assisted the Borrower with financing (i) capital improvements at the Borrower's facilities located at 400 Clocktower Ridge Drive, Winchester, Virginia 22602 in Frederick County, known as The Village at Orchard Ridge (the "Facilities"), consisting primarily of (1) the construction and equipping of a new four story independent living building, (2) the construction and equipping of a new three story independent living building, (3) the construction and equipping of a one story skilled nursing building, (4) the expansion of the dining facilities, (5) the expansion of the wellness center, and (6) certain other capital improvements at the Facilities, (ii) a debt service reserve fund, (iii) capitalized interest and (iv) the costs of issuing the Bonds and other eligible expenditures (collectively,the "Project"). The Borrower and the Authority now desire to effect certain modifications to the Bonds and the Indenture, including (1) certain amendments to the maturities of the Bonds, the interest born by the Bonds, and the principal repayment schedule for Bonds and (2) other related amendments (collectively, the "Amendments"). The Amendments will be reflected in a First Supplement to Bond Trust Indenture (the "First Supplement") between the Authority and the Trustee, an Amended and Restated Series 2014A Bond and an Amended and Restated Series 2014E Bond (collectively, the Amendment Documents"). The Authority desires to authorize the Amendments and the execution and delivery of the Amendment Documents. NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA: 1. It is hereby found and determined that the Amendments and the execution of the Amendment Documents will be in the public interest and will promote the commerce, safety, health, welfare, convenience or prosperity of the Commonwealth of Virginia, the County of Frederick, Virginia and their citizens and will assist in providing for the residence and care of the aged in accordance with their special needs. 129 2. The Authority hereby authorizes and approves of the Amendments. The Authority hereby approves of the forms of the Amendment Documents on file with the Authority, with such changes, insertions or omissions (including, without limitation, changes of the dates therein and thereof) as may be approved by the Chairman or Vice Chairman of the Authority, either of whom may act, at the request of the Borrower, which approval shall be evidenced conclusively by the execution and delivery of the applicable Amendment Document by the Chairman or Vice Chairman of the Authority. 3. The Chairman and the Vice Chairman of the Authority, either of whom may act, are each hereby authorized and directed to execute and deliver on behalf of the Authority the Amendment Documents, and the Secretary and the Assistant Secretary of the Authority, either of whom may act, are each hereby authorized and directed to affix the seal of the Authority to the Amendment Documents, if required. The signatures of the Chairman, the Vice Chairman, the Secretary, and the Assistant Secretary, and the seal of the Authority may be by facsimile. The Chairman, Vice Chairman, Secretary and Assistant Secretary is each authorized to execute and deliver on behalf of the Authority such instruments, documents or certificates and to do and perform such other things and acts, as such officer deems necessary or appropriate to carry out the transactions authorized by this resolution, and all of the foregoing, previously done or performed by such officers of the Authority, are in all respects approved,ratified and confirmed. 4. At the request of the Borrower, the Authority approves McGuireWoods LLP, Richmond, Virginia, as Bond Counsel in connection with the Amendments. S. All costs and expenses in connection with the Amendments, including the fees of the Authority, the fees and expenses of Bond Counsel and Authority Counsel, shall be paid by the Borrower. If for any reason such Amendments are not consummated, it is understood that all such fees and expenses shall be paid by the Borrower and that the Authority shall have no responsibility therefor. Neither the Authority, including its officers, directors, attorneys, employees and agents, nor the County of Frederick, Virginia, shall be liable and wholly disclaims all liability to the Borrower and its affiliated entities for any damages, direct or consequential, resulting from the failure of the Authority to enter the Amendments for any reason. 6. By submitting this resolution to the Authority, the Borrower has agreed to indemnify and save harmless the Authority and its officers, directors, attorneys, employees and agents from and against all liabilities, obligations, claims, damages, penalties, losses, costs and expenses in any way connected with the Project or the Amendments. 7. The Authority recommends that the Board of Supervisors of the County of Frederick County, Virginia, approve the Amendments. 8. The Amendments may not be entered pursuant to this resolution until such time as the Amendments have been approved by the Board of Supervisors of the County of Frederick, Virginia. 9. All other acts of the Authority that are in conformity with the purposes and intent of this resolution and in furtherance of the Amendments are hereby ratified, approved and -2- 130 confirmed. 10. This resolution shall be effective immediately. ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA By: AViceFa1r=man =W- -3- 131 CERTIFICATE The undersigned Secretary of the Economic Development Authority of the County of Frederick, Virginia (the "Authority"), hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the Directors of the Authority at a meeting duly called and held on June 3, 2021 in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended but is in full force and effect on the date hereof. WITNESS the following signature and seal of the Authority this 3rd day of June, 2021. Mecre . Onomic eve opment uthority of the County of Frederick, Virginia iSEAL, -4- 132 i I Form of EDA Certificate Regarding Public Hearin 133 CERTIFICATE The undersigned Secretary of the Economic Development Authority of the County of Frederick, Virginia(the "Authority"), hereby certifies as follows: 1. A meeting of the Authority was duly called and held on June 3, 2021, at 8:00 o'clock a.m. at 107 N. Kent Street, Winchester, Virginia 22601, pursuant to proper notice given to each Director of the Authority before such meeting. The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. 2. 3. The Chairman announced the commencement of a public hearing on the application of The Village at Orchard Ridge, Inc. and that a notice of the hearing was published once a week for two successive weeks in a newspaper having general circulation in the County of Frederick, Virginia(the "Notice"), with the second publication appearing not less than six days and no more than twenty-one days prior to the hearing date. A copy of the Notice has been filed with the minutes of the Authority and is attached as Exhibit A. 4. 5. A summary of the statements made at the public hearing is attached as Exhibit B. 6. 7. Attached as Exhibit C is a true, correct and complete copy of a resolution (the "Resolution") adopted at such meeting of the Authority by a majority of the Directors present at such meeting. The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on this date. 8. WITNESS my hand and the seal of the Authority, this 3rd day of June, 2021. 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NINIISS�iI� Y" E z 00 '��• Wdoun St=4 Suite 1I0r,, VA 22601 EXHIBIT A 136 I d I Exhibit B to EDA Certificate Regarding Public Hearing Summary of Statements I Representatives of McGuireWoods LLP and The Village at Orchard Ridge, Inc. appeared before the Authority to explain the project and the financing. i No one appeared in opposition to the proposed bond issue. i i 137 Exhibit C to EDA Certificate Regarding Public Hearin Signed EDA Resolution oto he provided by McGuire Woods at or after the EDA Meeting] 138 CERTIFICATE The undersigned Secretary of the Economic Development Authority of the County of Frederick, Virginia(the "Authority"), hereby certifies as follows: 1. A meeting of the Authority was duly called and held on June 3, 2021, at 5:00 o'clock a.m. at 107 N. Kent Street, Winchester, Virginia 22601, pursuant to proper notice given to each Director of the Authority before such meeting. The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. 2. 3. The Chairman announced the commencement of a public hearing on the application of The Village at Orchard Ridge, Inc. and that a notice of the hearing was published once a week for two successive weeks in a newspaper having general circulation in the County of Frederick, Virginia(the "Notice"), with the second publication appearing not less than six days and no more than twenty-one days prior to the hearing date. A copy of the Notice has been filed with the minutes of the Authority and is attached as Exhibit A. 4. 5. A summary of the statements made at the public hearing is attached as Exhibit B. 6. 7. Attached as Exhibit C is a true, correct and complete copy of a resolution (the "Resolution") adopted at such meeting of the Authority by a majority of the Directors present at such meeting. The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on this date. S. WITNESS my hand and the seal of the Authority, this 3rd day of June, 2 02 1. [SEAT,] Peer"etEnomic Development Authority of the County of Frederick, Virginia Exhibits: A—Copy of Certified Notice from Newspaper B —Summary of Statements C—EDA Resolution 139 Fiscal Impact Statement—for Proposed Bond Transaction Date: June 3, 2021 To the Board of Supervisors of the County of Frederick, Virginia Name of Applicant: The Village at Orchard Ridge, Inc. Facility: Debt Modification to existing Series 2014 Bonds, which financed (i) Capital improvements at the Borrower's facilities in Frederick County, known as The Village at Orchard Ridge (the "Facilities"), consisting primarily of(1) the construction and equipping of a new four story independent living building, (2) the construction and equipping of a new three story independent living building, (3) the construction and equipping of a one story skill9d nursing building, (4) the expansion of the dining facilities, (5) the expansion of the wellness 6enter, and (6) certain other capital improvements at the Facilities, (ii) a debt service reserve fund, (iii) capitalized interest and (iv) the costs of issuing the Bonds and other eligible expebdit pes. I. Maximum amount of financing sought $67 S� 3�0 2. Estimated taxable value of the facility's real property to be constructed $75306 06 400 in the municipality 3. Estimated real property tax per year using present tax rates $458.769 4. Estimated personal property tax per Year using present tax rates $82,107 5. Estimated merchants'capital tax per year using present tax rates N/A 6- (a) Estimated dollar value per year of goods that will be purchased $443,000 from Virginia companies within the locality (b) Estimated dollar value per year of goods that will be purchased $80 000 from non-Virginia companies within the locality (c) Estimated dollar value per year of services that will be $666.000 purchased from Virginia companies within the locality (d) Estimated dollar value per year of services that will be $4113_,000 purchased from non-Virginia companies within the locality 7. Estimated number of regular employees on year round basis 192 8. Average annual salary per employee $25,985 WMX� WC0n0M3WcevWeo-pPme_nt Authority of the County of Frederick, Virginia ***Values reported above are actual amounts based on the completedfinanced project for the year ending December 31, 2020. 140 RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA, APPROVING MODIFICATIONS TO THE TERMS OF ITS RESIDENTIAL CARE FACILITY REVENUE BONDS (THE VILLAGE AT ORCHARD RIDGE, INC.),SERIES 2014 The Economic Development Authority of the County of Frederick, Virginia (the "Authority") is duly organized under the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the "Act"). To further the Act's purposes, the Authority, at the request of The Village at Orchard Ridge, Inc. (the 'Borrower"), has determined to enter into modifications of its Residential Care Facility Revenue Bonds (The Village at Orchard Ridge, Inc.), Series 2014(the "Bonds"). The Authority originally issued the Bonds under a Bond Trust Indenture dated as of December 1, 2014 (the "Indenture"), between the Authority and Wilmington Trust, National Association, as successor trustee (the "Trustee"). The proceeds of the Bonds assisted the Borrower with financing (i) capital improvements at the Borrower's facilities located at 400 Clocktower Ridge Drive, Winchester, Virginia 22602 in Frederick County, known as The Village at Orchard Ridge (the "Facilities"), consisting primarily of (1) the construction and equipping of a new four story independent living building, (2) the construction and equipping of a new three story independent living building, (3) the construction and equipping of a one story skilled nursing building, (4) the expansion of the dining facilities, (5) the expansion of the wellness center, and (6) certain other capital improvements at the Facilities, (ii) a debt service reserve fund, (iii) capitalized interest and (iv) the costs of issuing the Bonds and other eligible expenditures (collectively, the "Project"). The Borrower and the Authority now desire to effect certain modifications to the Bonds and the Indenture, including (1) certain amendments to the maturities of the Bonds, the interest born by the Bonds, and the principal repayment schedule for Bonds and (2) other related amendments (collectively, the "Amendments"). The Amendments will be reflected in a First Supplement to Bond Trust Indenture (the "First Supplement") between the Authority and the Trustee, an Amended and Restated Series 2014A Bond and an Amended and Restated Series 2014B Bond (collectively, the Amendment Documents"). The Authority desires to authorize the Amendments and the execution and delivery of the Amendment Documents. NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE COUNTY OF FREDERICK, VIRGINIA: 1. It is hereby found and determined that the Amendments and the execution of the Amendment Documents will be in the public interest and will promote the commerce, safety, health, welfare, convenience or prosperity of the Commonwealth of Virginia, the County of Frederick, Virginia and their citizens and will assist in providing for the residence and care of the aged in accordance with their special needs. 141 2. The Authority hereby authorizes and approves of the Amendments. The Authority hereby approves of the forms of the Amendment Documents on file with the Authority, with such changes, insertions or omissions (including, without limitation, changes of the dates therein and thereof) as may be approved by the Chairman or Vice Chairman of the Authority, either of whom may act, at the request of the Borrower, which approval shall be evidenced conclusively by the execution and delivery of the applicable Amendment Document by the Chairman or Vice Chairman of the Authority. 3. The Chairman and the Vice Chairman of the Authority, either of whom may act, are each hereby authorized and directed to execute and deliver on behalf of the Authority the Amendment Documents, and the Secretary and the Assistant Secretary of the Authority, either of whom may act, are each hereby authorized and directed to affix the seal of the Authority to the Amendment Documents, if required. The signatures of the Chairman, the Vice Chairman, the Secretary, and the Assistant Secretary, and the seal of the Authority may be by facsimile. The Chairman, Vice Chairman, Secretary and Assistant Secretary is each authorized to execute and deliver on behalf of the Authority such instruments, documents or certificates and to do and perform such other things and acts, as such officer deems necessary or appropriate to carry out the transactions authorized by this resolution, and all of the foregoing, previously done or performed by such officers of the Authority, are in all respects approved, ratified and confirmed. 4. At the request of the Borrower, the Authority approves McGuireWoods LLP, Richmond, Virginia, as Bond Counsel in connection with the.Amendments. S. All costs and expenses in connection with the Amendments, including the fees of the Authority, the fees and expenses of Bond Counsel and Authority Counsel, shall be paid by the Borrower. If for any reason such Amendments are not consummated, it is understood that all such fees and expenses shall be paid by the Borrower and that the Authority shall have no responsibility therefor. Neither the Authority, including its officers, directors, attorneys, employees and agents, nor the County of Frederick, Virginia, shall be liable and wholly disclaims all liability to the Borrower and its affiliated entities for any damages, direct or consequential, resulting from the failure of the Authority to enter the Amendments for any reason. 6. By submitting this resolution to the Authority, the Borrower has agreed to indemnify and save harmless the Authority and its officers, directors, attorneys, employees and agents from and against all liabilities, obligations, claims, damages, penalties, Iosses, costs and expenses in any way connected with the Project or the Amendments. 7. The Authority recommends that the Board of Supervisors of the County of Frederick County, Virginia, approve the Amendments. 8. The Amendments may not be entered pursuant to this resolution until such time as the Amendments have been approved by the Board of Supervisors of the County of Frederick, Virginia. 9. All other acts of the Authority that are in conformity with the purposes and intent of this resolution and in furtherance of the Amendments are hereby ratified, approved and -2- 142 F confirmed. 10. This resolution shall be effective immediately. i ECONOMIC DEVELOPMENT AUTHORITY OF r THE COUNTY OF FREDERICK, VIRGINIA By: WceFarrman N=W- -3- 143 Form of EDA Transmittal Letter and Related Documents from EDA to Board of Supervisors 144 June 3, 2021 Board of Supervisors County of Frederick, Virginia 107 N. Kent Street Winchester, Virginia 22601 Economic Development Authority of the County of Frederick,Virginia Proposed Financing for The Village at Orchard Ridge, Inc. The Village at Orchard Ridge, Inc. (the "Borrower") has requested that the Economic Development Authority of the County of Frederick, Virginia (the "Authority"), enter into modifications of its Residential Care Facility Revenue Bonds (The Village at Orchard Ridge, Inc.), Series 2014 (the "Bonds"). The Authority originally issued the Bonds in 2014 and loaned the proceeds thereof to the Borrower. The Borrower used the proceeds of such Bonds for the following purposes (collectively the "Project"): financing (i) capital improvements at the Borrower's facilities located at 400 Clocktower Ridge Drive, Winchester, Virginia 22602 in Frederick County, known as The Village at Orchard Ridge (the "Facilities"), consisting primarily of (1) the construction and equipping of a new four story independent living building, (2) the construction and equipping of a new three story independent living building, (3) the construction and equipping of a one story skilled nursing building, (4) the expansion of the dining facilities, (5) the expansion of the wellness center, and (6) certain other capital improvements at the Facilities, (ii) a debt service reserve fund, (iii) capitalized interest and (iv) the costs of issuing the Bonds and other eligible expenditures. As set forth in the resolution of the Authority attached hereto (the "Resolution"), the Authority has agreed to modify the Bonds as requested. The Authority has conducted a public hearing on the proposed modifications of the Bonds and has recommended that you approve the modification of the Bonds as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, and Section 15.2-4906 of the Code of Virginia of 1950, as amended. Attached hereto is (1) a certificate evidencing the conduct of the public hearing and the action taken by the Authority, (2) the Fiscal Impact Statement required pursuant to Virginia Code Section 15.2-4907, and (3) the form of resolution suggested by counsel to evidence your approval, Necre I, XmiceveWopmentority of the County of Frederick, Virginia 145 Exhibit 1 to EDA Transmittal Letter to Board of Supervisors EDA Certificate Regarding Public Hearing [to be provided by McGuire Woods at or after the EDA Meeting] 146 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: June 9, 2021 ��Gt• Agenda Section: County Officials Title: Presentation of Resolution of Appreciation Honoring Retiring County Administrator Kris C. Tierney Attachments: 147 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: June 9, 2021 ��Gt• Agenda Section: County Officials Title: Committee Appointments Attachments: BOS06-09-21 Board Comm itteeAppts.pdf 148 .r COUNTY of FREDERICK Office of the County Administrator ti\gGl,\I, 733 Tel: 540.665.6382 Fax: 540.667.0370 MEMORANDUM TO: Board of Supervisors FROM: Ann W. Phillips, Deputy Clerk DATE: June 3, 2021 RE: Committee Appointments Listed below are the vacancies/appointments due through July 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. VACANCIES/OTHER Winchester Regional Airport Authority Joseph H. Bailey— Frederick County Representative 751 Front Royal Pike, Apt. 201 Winchester, VA 22602 Phone: (540)539-7394 Term: 10/10/18 - 10/10/22 Four-year term (See Attached Application of Carley Walker.) (Staff has been advised Mr. Bailey has resigned. (Frederick County has four representatives on the Winchester Regional Airport Authority. Members are eligible for reappointment.) Handley Regional Library Board Amy K. Gray — Frederick County Representative 697 Clark Road Stephens City, VA 22655 Phone: (540)533-2721 Term Expires: 11/30/21 149 Memorandum — Board of Supervisors June 3, 2021 Page 2 Four-year term (Staff has been advised Ms. Gray has resigned.) MARCH 2021 Conservation Easement Authority Bryan J. Green — Frederick County Representative 504 Heishman Lane Winchester, VA 22602 Phone: (540)877-1844 Term Expires: 03/14/21 Three-year term (The Conservation Easement Authority was established in August 2005. The Authority consists of seven citizen members, one member from the Board of Supervisors and one member from the Planning Commission. Members should be knowledgeable in one or more of the following fields: conservation, biology, real estate and/or rural land appraisal, accounting, farming, or forestry. Members serve a three-year term and are eligible for reappointment.) JUNE 2021 Winchester Regional Airport Authority David C. Reichert — Frederick County Representative 142 Kinross Drive Winchester, VA 22602 Home: (540)678-0770 Term Expires: 06/30/21 Four year term (Frederick County has four representatives on the Winchester Regional Airport Authority. Members are eligible for reappointment.) JULY 2021 No appointments due in July. AWP/tjp 150 Memorandum — Board of Supervisors June 3, 2021 Page 3 Attachment U:\TJP\committeeappointments\MmosLettrs\Board CommitteeAppts(06092021 BdMtg).docx 151 INFORMATIONAL DATA SHEET FOR FREDERICK COUNTY BOARD OF SUPERVISORS COMMITTEE APPOINTMENTS Please provide the following information for review by the Board of Supervisors regarding your interest in serving on Winchester Regional Airport Authority . Please print clearly if filling out by hand. Thank You. Name: Carley Walker Home Phone: Address: 103 Sawtooth Dr Office Phone: Stephenson,VA 22656 Cell/Mobile: Fax: Employer: Self Employeed-CW Group,LLC Email: Occupation: Director of Developement,STEM Flights Civic/Community Activities' CAC-Childsafe Center(Winchester),Board Member.Air Care Alliance(National),Board Member,Aviation Community Foundation(National),Board Member. 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): I look forward to serving the WRAA as an active Board member.I'm passionate about promoting OKV and Aviation to the community, I'm excited to support the new terminal project,and I have ideas about creating an aviation educational Foundation to support OKV's mission.I have experience marketing and developing for aviation organizations and plan to bring this knowledge to my position on the Board of Directors. Applicant's Signature: Date: 05/24/2021 Nominating Supervisor's Comments: Please submit form to: Frederick County Administrator's Office 107 North Kent Street Winchester,VA 22601 or email to: tprice(dfcva.us or jtibbs(dfcva.us (08/06/2020) 152 EXPERIENCE STEM FLIGHTS, ALEXANDRIA VA JUNE 2019 — PRESENT (DI R, BUSINESS DEVELOPMENT) • Marketing, communications, public relations CARLEY WALKER • Strategy, business development, and grant writer BUSINESS DEVELOPMENT • Program development for national expansion NONPROFIT MARKETING AVIATION EXPERT CW GROUP, WINCHESTER VA JUNE 2019 — PRESENT (OWNER) • Marketing and sales solutions for nonprofits and small SKILLS & ABILITIES business. Natural connector, exceptional • Website development, content creation, business leadership, focus on client development, strategic planning. services. Sales and Marketing expert with experience in web NW WORKS, WINCHESTER VA design, social media marketing, OCTOBER 2018 —JUNE 2019 (DIRECTOR, MARKETING) and content development. • Marketing, business development, branding, public relations, content creator, and community outreach. VITALS HIIT LIKE A GIRL, WINCHESTER VA Winchester, VA FEBRUARY 2016- JANUARY 2019 (OWNER) • Marketing and Business Development • Corporate Policy for fitness brand KEPPLER SPEAKERS, ARLINGTON VA APRIL 2007-AUGUST 2010 • Developed business for celebratory speakers within national territory • Marketing and talent production EDUCATION GEORGE MASON UNIVERSITY, FAIRFAX VA (2003) Communications, Public Relations LEADERSHIP CHILD SAFE CENTER, CAC BOARD MEMBER (2017 - Present) AIR CARE Alliance, Board Member (2021—Present) Aviation Community Foundation, Board Member (2021— Present) 153 'r ` r Board of Supervisors Agenda Item Detail Meeting Date: June 9, 2021 ��Gt• Agenda Section: Planning Commission Business - Other Planning Business Title: Clarification of Board action from May 26 meeting regarding: Ordinance to Amend the Frederick County Code, Chapter 165 Zoning, Article I General Provisions, Amendments and Conditional Use Permits, Part 101 General Provisions, §165-101.02 Definitions and Word Usage; Article II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 204 Additional Regulations for Specific Uses; Article IV Agricultural and Residential Districts, Part 401 RA Rural Areas District. Revisions to the Frederick County Zoning Ordinance to Add Agricultural Supply Cooperatives as a Conditional Use in the RA (Rural Areas) Zoning District. Attachments: BOS06-09-21 AgCoopsOrdinance.pdf 154 COUNTY OF FREDERICK r Roderick B. Williams County Attorney ® � 540/722-8383 173 8 Fax 540/667-0370 173 E-mail rwillia@fcva.us MEMORANDUM TO: The Honorable Chairman and Members of the Board of Supervisors FROM: Roderick B. Williams, County Attorney DATE: June 4, 2021 RE: Agricultural Supply Cooperatives Conditional Use Permit Ordinance At the Board's last meeting, on May 26, the Board adopted an ordinance to provide for agricultural supply cooperatives as a conditional use in the RA(Rural Areas)Zoning District. In doing so, the Board had an extended discussion regarding fuel sales activities as part of the use and the Board ultimately adopted language revised from what was in the agenda materials. The sense of the Board, as staff understood it, was that the Board did not want a business operating under an agricultural supply cooperative CUP to be able to include general retail fuel sales along the lines of operating a gas station. Toward that end, after discussion of the matter, the Board approved the inclusion of the following language as item C of the supplementary use regulations for the use: "The bulk sale of gasoline, off-road diesel, and other liquid fuels shall not be allowed on the premises, however propane shall be permitted to be sold on the premises." The presentation of that language appears at 1:17:10 of the meeting video. At the time, I advised that that language met the Board's objective of prohibiting general "gas station" retail fuel sales by agricultural supply cooperatives. Upon further consideration of the language, during the process of preparing the document reflecting the Board's action, it became apparent that the language would not necessarily meet the objective that the Board stated. The language would leave open the possibility of non-bulk (i.e., regular retail/gas station)fuel sales. Accordingly, to ensure carrying out the Board's intent, staff has developed proposed corrected language for item C of the supplementary use regulations and is bringing this item back to the Board for further consideration. The proposed corrected language for item C is: "The on-site sale of gasoline, off-road diesel, and other liquid fuels shall not be permitted on premises, however off-site sale (via delivery) of gasoline, off-road diesel, and other liquid fuels shall be permitted, and propane shall be permitted to be sold on the premises." 107 North Kent Street • Winchester, Virginia 22601 155 If the Board agrees with the further revised language, the recommendation is that the Board re-adopt the ordinance at its meeting (no further public hearing is necessary, as the change is consistent with the previous Board discussion), specifying the above boldface language as item C of the supplementary use regulations. Copies of the proposed ordinance adoption document and the proposed full text of the ordinance are attached. The new item C language is highlighted in the ordinance attachment. Attachments cc: Planning Department 156 Ordinance Amendment—Agricultural Supply Cooperatives Revised June 4, 2021 ARTICLE I General Provisions; Amendments; and Conditional Use Permits Part 101 General Provisions 165-101.02 Definitions and word usage. Agricultural Supply Cooperatives-an agricultural cooperative association, organized under Article 2 of Chapter 3 of Title 13.1 of the Code of Viainia, and that is primarily en,-a,-ed in the retail or wholesale distribution of livestock and animal feed, fertilizers, agricultural chemicals, pesticides, seeds, and other a,-ricultural products or services. ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses Agricultural Supply Cooperatives located in the RA (Rural Areas) Zoning District shall meet the followin-requirements: A. The sale ofa,-ricultural and-arden machinery shall only be permitted as an accessory use. B. The repair ofa,-ricultural and-arden machinery shall be prohibited C. The on-site sale of-asoline, off-road diesel, and other liquid fuels shall not be permitted on Premises, however off-site sale (via delivery) of-asoline, off-road diesel, and other liquid fuels shall be permitted, and propane shall be permitted to be sold on the premises. D. A site plan shall be submitted to and approved by Frederick County prior to the establishment o fthe use. E. B2 (General Business) Zonin,-District standards apply, includin'-but not limited to buildin- heikht, buildin-setbacks, parkin,-setbacks, bufferin,-, screenin,-, and landscapinz. ARTICLE IV Agricultural and Residential Districts Part 401 RA Rural Areas District 165-401.03 Conditional Uses. EE. A,-ricultural Supply Cooperatives 157 4�GK COQ w ORDINANCE AMENDMENT w 173n Action: PLANNING COMMIS SSION: May 19, 2021 Recommended Approval BOARD OF SUPERVISORS: May 26, 2021/June 9, 2021 AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS PART 101 - GENERAL PROVISIONS §165-101.02 DEFINITIONS AND WORD USAGE ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES PART 204—ADDITIONAL REGULATIONS FOR SPECIFIC USES ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICT PART 401-RA RURAL AREAS DISTRICT WHEREAS, an ordinance to amend Chapter 165, Zoning to allow Agricultural Supply Cooperatives in the RA (Rural Areas) Zoning District with a Conditional Use Permit (CUP)was considered; and WHEREAS, the proposed changes modify the Zoning Ordinance to include a new definition for Agricultural Supply Cooperatives, supplemental use regulations for Agricultural Supply Cooperatives, and permit Agricultural Supply Cooperatives in the RA (Rural Areas)Zoning District with a Conditional Use Permit; and WHEREAS, the Planning Commission held a public hearing on this ordinance on May 19, 2021 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance on May 26, 2021; and PDRes 919-21 158 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 ARTICLE I — General Provisions, Amendments and Conditional Use Permits, Part 101 — General Provisions, §165-101.02. Definitions and word usage, ARTICLE 11 Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses, Part 204 Additional Regulations for Specific Uses, ARTICLE IV Agricultural and Residential Districts, Part 401 Rural Areas District §165-401.3 Conditional Uses; to include a new definition for Agricultural Supply Cooperatives, supplemental use regulations for Agricultural Supply Cooperatives, and permit Agricultural Supply Cooperatives in the RA (Rural Areas) Zoning District with a Conditional Use Permit. Passed this 9th day of June, 2021 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 PDRes 919-21 159