PUBLIC HEARING NOTICE

Transcription

1 PUBLIC HEARING NOTICE Pursuant to the Code of Virginia, the Gloucester County Board of Supervisors will conduct a Public Hearing on Tuesday, March 6, 2018 beginning at 6:30 p.m. in the Colonial Courthouse, 6504 Main Street Gloucester, Virginia to consider the following: AN ORDINANCE ADDING DIVISION 2B TO ARTICLE IV OF CHAPTER 16 OF THE GLOUCESTER COUNTY CODE ENTITLED REAL ESTATE TAX EXEMPTION FOR SURVIVING SPOUSES OF CERTAIN PERSONS KILLED IN THE LINE OF DUTY Pursuant to Virginia Code Sections , the Board will consider an ordinance which will allow for a real estate tax exemption for the surviving spouse of any covered person who is killed in the line of duty. Covered person includes law-enforcement personnel, volunteer fire and rescue personnel, and other persons as defined in Va. Code Section Such exemption shall be limited to the surviving spouse s principal residence and up to 10 acres of land upon which the residence is situated, so long as the surviving spouse does not remarry and continues to occupy the real property as his/her principal place of residence. The exemption is capped at the amount of tax which would otherwise be due on property of a value equal to the average assessed value for all dwellings located in the County that are situated on property zoned as single-family residential. The preceding is a summary, not the full text, of the Ordinance. It is not intended to be a comprehensive representation of all of the Ordinance provisions and does not substitute for the full text of the draft Ordinance, which is available for review at the Gloucester County Administrator s office at 6467 Main Street, Gloucester, Virginia, on the web at and at both branches of the Gloucester County Library - Main Branch: 6920 Main Street, Gloucester, Virginia - Gloucester Point Branch: 2354 York Crossing Drive, Hayes, Virginia. All interested parties are invited to attend the hearing to express their views. Persons requiring assistance to attend the hearing should contact the Gloucester County Administrator s office at (804) J. Brent Fedors, County Administrator

2 AT A MEETING OF THE BOARD OF SUPERVISORS OF GLOUCESTER COUNTY, VIRGINIA, HELD ON TUESDAY, MARCH 6, 2018, AT 6:00 P. M., AT THE COLONIAL COURTHOUSE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION MADE BY, AND SECONDED BY, THE FOLLOWING ORDINANCE WAS ADOPTED BY THE FOLLOWING VOTE: Phillip N. Bazzani, ; Ashley C. Chriscoe, ; Christopher A. Hutson, ; Andrew James, Jr., ; Robert J. Orth, ; Kevin M. Smith, ; Michael R. Winebarger, ; AN ORDINANCE TO AMEND CHAPTER 16, ARTICLE IV BY ADDING DIVISION 2B EXEMPTION FOR SURVIVING SPOUSES OF CERTAIN PERSONS KILLED IN THE LINE OF DUTY TO THE GLOUCESTER COUNTY CODE WHEREAS, the provisions of Gloucester County s Code governing exemptions to real property taxes are contained in Gloucester County Code Chapter 16, Article IV; and WHEREAS, localities of the Commonwealth are authorized, pursuant to Article X, Section 6-B of the Constitution of Virginia, and Va. Code Section et seq., to provide a real estate tax exemption for the property of the surviving spouses of certain persons killed in the line of duty, under certain terms, conditions and circumstances; and WHEREAS, the Board finds it appropriate to amend Chapter 16, Article IV to add a division for an exemption for surviving spouses of certain persons killed in the line of duty to the Gloucester County Code; and WHEREAS, a duly advertised public hearing was held on March 6, 2018 to receive public comment regarding the proposed amendments to Gloucester County Code Chapter 16, Article IV; and WHEREAS, the Board finds that the amendments are appropriate and is desirous of amending the Gloucester County Code by adding Division 2B Exemption for Surviving Spouses of Certain Persons Killed in the Line of Duty to Chapter 16, Article IV, of the Code, in accordance with the provisions which follow. 1

3 NOW, THEREFORE, BE IT ORDAINED AND ENACTED this day of March, 2018, that Gloucester County Code Chapter 16, Article IV, Division 2B Exemption for Surviving Spouses of Certain Persons Killed in the Line of Duty is hereby added as follows: CHAPTER 16 ARTICLE IV. DIVISION 2B. EXEMPTION FOR SURVIVING SPOUSES OF CERTAIN PERSONS KILLED IN THE LINE OF DUTY Sec Definitions. As used in this division: Average assessed value means the average assessed value for all dwellings located within the county that are situated on property zoned as single-family residential. Covered person means any person set forth in the definition of deceased person in Va. Code whose beneficiary, as defined in Va. Code , is entitled to receive benefits under Va. Code , as determined by the Comptroller of Virginia prior to July 1, 2017, or as determined by the Virginia Retirement System on and after July 1, Sec Exemption authorized; timing; refunds. For tax years beginning on or after January 1, 2018, the real property described in this division of the surviving spouse of any covered person who occupies the real property as his principal place of residence is exempt from taxation. If the covered person s death occurred on or 2

4 prior to January 1, 2018, and the surviving spouse has a principal residence on January 1, 2018, eligible for the exemption under this division, then the exemption for the surviving spouse shall begin on January 1, If the covered person s death occurs after January 1, 2018, and the surviving spouse has a principal residence eligible for the exemption under this division on the date that such covered person dies, then the exemption for the surviving spouse shall begin on the date that such covered person dies. If the surviving spouse acquires the property after January 1, 2018, then the exemption shall begin on the date of acquisition, and the previous owner may be entitled to a refund for a pro rata portion of real property taxes paid pursuant to Va. Code No interest shall be paid on any refund due to the surviving spouse for taxes paid prior to the surviving spouse s filing of the affidavit or written statement required by this division. Sec Scope of exemption. Those dwellings with assessed values in the most recently ended tax year that are not in excess of the average assessed value for such year shall qualify for a total exemption from real property taxes under this division. If the value of a dwelling is in excess of the average assessed value for such year, then only that portion of the assessed value in excess of the average assessed value shall be subject to real property taxes, and the portion of the assessed value that is not in excess of the average assessed value shall be exempt from real property taxes. Single-family homes, condominiums, 3

5 town homes, manufactured homes as defined in Va. Code whether or not the wheels and other equipment previously used for mobility have been removed, and other types of dwellings of surviving spouses, whether or not the land on which the single-family home condominium, town home, manufactured home, or other type of dwelling of a surviving spouse is located is owned by someone other than the surviving spouse, that (i) meet the requirements of this subsection and (ii) are occupied by such persons as their principal place of residence shall qualify for the real property tax exemption. If the land on which the single-family home, condominium, town home, manufactured home, or other type of dwelling is located is not owned by the surviving spouse, then the land is not exempt. Sec Occupation as principal place of residence required; effect of remarriage or moving. The surviving spouse shall qualify for the exemption so long as the surviving spouse does not remarry and continues to occupy the real property as his principal place of residence. The exemption applies without restriction on the spouse s moving to a different principal place of residence. Sec Exemption for land upon which dwelling is situated; application of exemption to improvements other than a dwelling. The exemption applies to (i) the qualifying dwelling, or that portion of the value of such dwelling and land that qualifies for the exemption 4

6 pursuant to this division and (ii) with the exception of land not owned by the surviving spouse, the land, not exceeding ten acres, upon which it is situated. A real property improvement other than a dwelling, including the land upon which such improvement is situated, made to such land as is exempt from taxation under this division, shall also be exempt from taxation so long as the principal use of the improvement is (a) to house or cover motor vehicles or household goods and personal effects as classified in subdivision (A)(14) of Va. Code and as listed in Va. Code and (b) for other than a business purpose. Sec Application to life estate, revocable inter vivos trust, irrevocable trust, leasehold, or term of years. For purposes of this division, real property of any surviving spouse of a covered person includes real property held (i) by a surviving spouse as a tenant for life, (ii) in a revocable inter vivos trust over which the surviving spouse holds the power of revocation, or (iii) in an irrevocable trust under which the surviving spouse possesses a life estate or enjoys continuing right of use or support. Such real property does not include any interest held under a leasehold or term of years. Sec Effect of joint ownership. (a) In the event that (i) a surviving spouse is entitled to an exemption under this division by virtue of holding the property in any of the three ways identified in section

7 and (ii) one or more other persons have an ownership interest in the property that permits them to occupy the property, then the tax exemption for the property that otherwise would have been provided shall be prorated by multiplying the amount of the exemption by a fraction the numerator of which is one and the denominator of which equals the total number of people having an ownership interest that permits them to occupy the property. (b) In the event that the principal residence is jointly owned by two or more individuals, including the surviving spouse, and no person is entitled to the exemption under this division by virtue of holding the property in any of the three ways identified in section , then the exemption shall be prorated by multiplying the amount of the exemption by a fraction the numerator of which is the percentage of ownership interest in the dwelling held by the surviving spouse and the denominator of which is 100. Sec Application for exemption; notification upon remarriage or change in principal place of residence. The surviving spouse claiming the exemption under this division shall file with the commissioner of the revenue on forms supplied by the commissioner of the revenue an affidavit or written statement (i) setting forth the surviving spouse s name, (ii) indicating any other joint owners of 6

8 the real property, (iii) certifying that the real property is occupied as the surviving spouse s principal place of residence, and (iv) including evidence of the determination of the Comptroller of Virginia or the Virginia Retirement System that the deceased is a covered person. The surviving spouse shall also provide documentation that he is the surviving spouse of a covered person and of the date that the covered person died. The surviving spouse shall be required to refile the information required by this subsection only if the surviving spouse s principal place of residence changes. The surviving spouse shall promptly notify the commissioner of the revenue of any remarriage. Sec Effect of absence from residence. The fact that surviving spouses who are otherwise qualified for tax exemption pursuant to this division are residing in hospitals, nursing homes, convalescent homes, or other facilities for physical or mental care for extended periods of time shall not be construed to mean that the real estate for which tax exemption is sought does not continue to be the sole dwelling of such persons during such extended periods of other residence, so long as such real estate is not used by or leased to others for consideration. A Copy Teste: J. Brent Fedors, County Administrator 7

9 PUBLIC HEARING NOTICE Pursuant to the Code of Virginia, the Gloucester County Board of Supervisors will conduct a Public Hearing on March 6, 2018 beginning at 6:30 p.m. in the Colonial Courthouse, 6504 Main Street Gloucester, Virginia to consider the following: AN ORDINANCE TO AMEND CHAPTER 8, ARTICLE II. FIREWORKS OF THE GLOUCESTER COUNTY CODE The Board of Supervisors will consider an ordinance amending Chapter 8, Article II. Fireworks of the Gloucester County Code. The ordinance would amend Chapter 8, Article II. Fireworks to make it consistent with the minimum requirements of the Virginia Statewide Fire Prevention Code (VSFPC) as it pertains to local permitting and regulation of certain fireworks displays. The Virginia Code (Va. Code Sec ) authorizes localities to issue permits for the display of fireworks by fair associations, amusement parks, or by any organization or group of individuals, under the minimum terms and conditions set forth in the Virginia Statewide Fire Prevention Code. Neither the current County Code nor this ordinance would regulate or require a permit for the use or display of permissible fireworks on private property with the consent of the owner of such property. Permissible fireworks means any sparklers, fountains, Pharaoh s serpents, caps for pistols, or pinwheels commonly known as whirligigs or spinning jennies. The preceding is a summary, not the full text, of the Ordinance. It is not intended to be a comprehensive representation of all of the Ordinance provisions and does not substitute for the full text of the draft Ordinance, which is available for review at the Gloucester County Administrator s office at 6467 Main Street, Gloucester, Virginia, on the web at and at both branches of the Gloucester County Library - Main Branch: 6920 Main Street, Gloucester, Virginia - Gloucester Point Branch: 2354 York Crossing Drive, Hayes, Virginia. All interested parties are invited to attend the hearing to express their views. Persons requiring assistance to attend the hearing should contact the Gloucester County Administrator s office at (804) J. Brent Fedors, County Administrator

10 AT A MEETING OF THE BOARD OF SUPERVISORS OF GLOUCESTER COUNTY, VIRGINIA, HELD ON TUESDAY, MARCH 6, 2018, AT 6:00 P. M., AT THE COLONIAL COURTHOUSE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION MADE BY, AND SECONDED BY, THE FOLLOWING ORDINANCE WAS ADOPTED BY THE FOLLOWING VOTE: Phillip N. Bazzani, ; Ashley C. Chriscoe, ; Christopher A. Hutson, ; Andrew James, Jr., ; Robert J. Orth, ; Kevin M. Smith, ; Michael R. Winebarger, ; AN ORDINANCE TO AMEND CHAPTER 8, ARTICLE II. FIREWORKS OF THE GLOUCESTER COUNTY CODE WHEREAS, the Virginia Code (Va. Code Section ) authorizes localities of the Commonwealth to issue permits for the display of fireworks by fair associations, amusement parks, or by any organization or group of individuals, under the minimum terms and conditions set forth in the Virginia Statewide Fire Prevention code; and WHEREAS, the intent of this ordinance is to render the provisions of the Gloucester County Code pertaining to the permitting and regulation of fireworks consistent with the minimum terms and conditions set forth in the Virginia Statewide Fire Prevention Code; and WHEREAS, the provisions of Gloucester County s Code governing fireworks are contained in Gloucester County Code Chapter 8, Article II. Fireworks; and WHEREAS, a duly advertised public hearing was held on March 6, 2018 to receive public comment regarding the proposed amendments to Gloucester County Code Chapter 8, Article II Fireworks; and WHEREAS, the Board finds that the amendments are appropriate and is desirous of amending Chapter 8, Article II. Fireworks of the Gloucester County Code, in accordance with the provisions which follow. NOW, THEREFORE, BE IT ORDAINED AND ENACTED this day of March, 2018, that Gloucester County Code Chapter 8, Article II. Fireworks, is hereby amended as follows: 1

11 Sec Purpose of article. The regulations contained in this article are hereby adopted to provide for the issuance of permits for the display of fireworks by to fair associations, amusement parks, or by and any organizations and or groups of individuals, for the display of fireworks and to regulate the use and display of fireworks upon the granting of permits under the minimum terms and conditions set forth in the Virginia Statewide Fire Prevention Code (VSFPC) and any additional terms and conditions as may be prescribed by the County. Any association, organization, or group that has been issued a permit may purchase and make use of fireworks under the terms and conditions of such permit. Sec Application for permit. (a) (b) (c) (d) Written application for a permit to display fireworks shall be made in triplicate to the county administrator, stating the time, place, type of fireworks, and circumstances under which they are proposed to be displayed. A permit for a fireworks display will not be issued to an applicant who has not provided on the permit application the name and signature of a designated individual as representing the applicant. Each such application shall name identify at least one person who the pyrotechnician who will be responsible and in charge of the shall participate in displaying the fireworks display who has had experience in displaying the type of fireworks proposed to be displayed and who has been appropriately certified as a pyrotechnician in accordance with Section of the VSFPC. Application must include a bond or certificate of insurance naming the County as an additional insured, in a minimum amount of $1,000,000, for the payment of all potential damages to a person or persons or to property by reason of the permitted display, and arising from any acts of the permit holder, the agent, employees or subcontractors. Such bond shall be in a form and amount approved by the County Attorney. Exemption: Permits are not required for the use or display of permissible fireworks on private property with the consent of the owner of such property. Permissible fireworks means any sparklers, fountains, Pharaoh s serpents, caps for pistols, or pinwheels commonly known as whirligigs or spinning jennies. Sec Approval of application; start of thirty-day period approved for storage of fireworks. 2

12 Upon approval of an application for a permit to display fireworks, the county administrator shall write across such application the wording "Approved," and the application shall be dated and signed by him., which date shall constitute the beginning of a thirty-day storage period permitted for such fireworks as provided in section 8-20, and all fireworks covered by such permit shall be displayed or discharged within such thirty-day period. Beginning as soon as fireworks have been delivered to the display site, they shall not be left unattended. Sec Approved application constitutes permit; disposition of the three copies of application. One copy of each application for a permit to display fireworks shall be kept on file by the county administrator until after the date the fireworks are displayed, and two (2) copies, after being approved as aforesaid, which will then become a permit to display fireworks, shall be returned to the applicant, who shall keep one copy on file for sixty (60) days after displaying such fireworks, and one copy shall be in possession of the person pyrotechnician in charge of displaying the fireworks at the time and place they are being displayed. Sec Display to be under supervision of peace officer and fire and rescue personnel present at scene. Permits under this article shall provide that fireworks be displayed under the supervision of a peace officer and fire and rescue personnel of the county, who shall be present at the time such fireworks are displayed. Applicant shall make all necessary arrangements for such supervision of the fireworks display. Sec Persons authorized to conduct the display. Not more than three (3) persons, in addition to the peace officer, shall participate in displaying fireworks at one time, and all shall be persons over the age of eighteen (18) years. The primary responsible person in charge of the fireworks display must be appropriately certified as a pyrotechnician in accordance with Section of the VSFPC. Persons in charge of fireworks displays shall not be under the influence of alcohol or drugs which impair sensory or motor skills, shall be at least twenty-one (21) years of age, and shall possess knowledge of all safety precautions related to the storage, handling and use of fireworks. Sec Manner and duration of fireworks storage; post-fireworks display inspection. 3

13 Prior to the use of fireworks pursuant to a permit, they shall be stored in a metal container in a building of masonry, concrete or other firm construction, so that members of the public cannot have access to them compliance with sections of the VSFPC., and such fireworks shall not be stored in the county for a period in excess of thirty (30) consecutive days. A post-fireworks display inspection shall be conducted pursuant to section of the VSFPC. Sec Regulation of spectators; display clearance. No spectator, spectator parking areas, and dwellings, buildings or structures shall be located within the display site. or member of the public other than those who are participating in displaying or discharging the fireworks shall be closer than fifty (50) feet to the place where such fireworks are being displayed or discharged. The site for the outdoor land or water display shall have at least 100 feet-per-inch (31 m/2.4mm) radius of internal mortar diameter of the largest shell to be fired and comply with the distance requirements of Section of the VSFPC. A Copy Teste: J. Brent Fedors, County Administrator 4